Members that were present took the Oath with uplifted hands and then the President administred it to the Clerks and the next day they all subscribed it It was at the same time mov'd by the Earl of Cassils that all the Clergy should take the same Oath but that was wav'd till it were farther considered what other persons or whither all in the Kingdom should take the same and so that debate being laid aside they all took the other Oath de Fideli Administratione The next day being the eighteenth of June the whole House subscribed the Oath and such of the Members who were absent the day before both swore and subscribed it also Which done they proceeded to Read the Act for redressing the Grievance of the Lords of the Articles which appointed a constant Committee of Eight Persons out of every Estate with the Officers of state to be in place of the Lords of the Articles But this first draught of the Act did no way please the Generality of the Parliament insomuch that upon the 25th of June the draught of the Act was again presented and read with an Amendment that the Members of the Committees should be chosen by the Respective Estates the Noblemen out of the Nobility the Barons from among the Barons and the Burgesses by the Burgess Estate Which being agreed to they came to a new debate Whither the Officers of State should be supernumerary in those Committees and after much arguing the Question being put to the Vote it was carryed in the Negative and a Clause ordered to be added to the Act Declaring That the Officers of State were not to be Members of the Committees unless they should be chosen With which addition the Act was again Read Voted and Approved in the following terms Forasmuch as the Meeting of the Estates of this Kingdom did by their Vote of the Seventh of April last represent among other Grievances that the Committee of Parliament called the Articles was and is a great Grievance to the Nation and that there ought to be no Committees of Parliament but such as are freely chosen by the Estates to prepare motions and overtures that are first tabled in the House Therefore Their Majesties with the Advise and Consent of the Estates in Parliament do Enact and Declare That it is the undoubted Priviledge of the three Estates in Parliament to nominate and appoint Committees of Parliament of what number of Members they please being equal of every Estate and chosen by the respective Estates viz. The Noblemen by the Estate of the Noblemen the Barons by the Estate of the Barons and the Burghers by the Estate of the Buroughs for preparing motions and Overtures that are first made in the House or that the House may treat Vote and Conclude upon matters brought in plain Parliament without remitting them to any Committee if they think fit Or that the House may appoint plurality of Committees for Motions and Overtures that need to be prepared or digested for them Declaring hereby That no Officers of State are to be Members except they be chosen And hereby rescinding the first Act of the third Session of the first Parliament of King Charles the second and all other Lawes and Customs establishing the manner of Election and Power of any Committees of Parliament so far as they are not conformable to this Act. But when this Act was offered to be touched by the Scepter the High Commissioner signified to the House that their Vote not being in the terms of the Instrument which he had received from the King he could not give the Royal Assent thereto until he had acquainted His Majesty For the first Instructions to the High Commissioner were in these words You are to pass an Act for regulating the Articles to consist of twenty four persons besides the Officers of State whereof Eight are to be chosen by the Noblemen out of their Estate Eight by the Barons and Eight by the Burroughs out of their Estates But this Concession was not thought sufficient and it so much the more displeased because it was looked upon as a delay to the satisfying the People in the first and most important Grievance for the redress of which they had so solemnly stipulated with His Majesty It was urged that by the ancient Records of several Parliaments it appeared that the Officers of State were so far from being supernumerary in the Committees of the Articles that they were not so much as Elected into that trust nor had any room allowed them there though it appeared by the same Records that there were Members chosen by and out of the respective Estates sometimes in larger sometimes in lesser numbers to constitute such Estates And although after the year 1567. Some of the Officers of State were now then by reason of their great Abilities thought fit to be chosen among others for Lords of the Articles yet they were not Elected into those Committees by vertue of their Offices much less that they sate there as persons supernumerary to those that were chosen Besides that in the 37 Act in the Eleventh year of James the sixth where provision was made for the number of those that were to constitute this Committee it was only Enacted that the number of the Lords of the Articles should equal in each Estate and that the fewest out of each Estate should be six and the greatest number not above Ten. This was the state of the Court of Articles as being constituted at first for the ease of the Parliament in the dispatch of business till through the Usurpations of the Kings of Scotland especially after their succession to the Crown of England and the removal of their Royal Residence thither and through the officiousness of publick Ministers to the Prince and their Treachery to their Countrey it grew up at length to that exorbitancy that it became not only burthensom but intollerable For by reason of the Parliaments coming at last to commit the inspection into all affairs and preparing all remedies for Greivances into the hands of a few and those unchangeable during a whole Session the late Monarchs of Scotland obtained such an opportunity to incroach upon the Jurisdiction of Parliaments and the Liberties of the People that they soon improved it to the eluding all the good that the Kingdom was to expect from Parliaments and making those that were design'd to be the means of the peoples safety the instruments of their ruin For the accomplishment of which and the more easie rendring the Lords of the Articles Vassals to the Monarchs will and tools for executing his pleasure they first prevailed to have the Officers of State admitted into this Committees as supernumerary without being nominated and elected by the Estates in Parliament as having a right to sit there by vertue of their employments For King James the Sixth being by the Adulation of the English brought over intirely to their interest as well as to their Opinions and having
the business of supernumerary Officers the draught of an Act was given into the House and read that no persons who were imployed in the late Government and were grievous to the Nation or had shown their dissatisfaction to the happy Change or had been Retarders or Obstructers of the good designs of the late Meeting should be allowed to possess or be admitted to any publick Trust Place or Employment of any kind under their Majesties within that Kingdom But this Act likewise being brought in the 26th of June met with several Remora's occasioned by certain clauses which some thought required explanation Persons who had onely shewn dissatisfaction was thought too comprehensive and severe Those who had been obstructers and Retarders of the Good design of the Estates was deemed too liable to bad construction And there were exceptions taken at the words Grievous to the Nation as being too restrictive without a farther interpretation But at length upon the second of July Explanations being added in the Statutory part to every of the clauses excepted against the Act was brought in and passed in the terms that follow The King and Queens Majesty considering that the Estates of this Kingdom have by their Vote declared their sence and opinion that such have in the former evil Government been grievous to the Nation or have shewn disaffection to the happy Change by the blessing God now brought about or have been Retarders or Obstructors of the good designs of the said Estates in their Meeting are not fit to be employed in the management of the Affairs of this Kingdom do with the Advice and Consent of the Estates in Parliament now Assembled Statute and Ordain that no persons of whatsoever rank or degree who in the said former evil Government have been grievous to the Nation by acting in the incroachments mentioned in the Articles of the Claim of Right which are declared to be contrary to Law or have shown disaffection affection to the happy Change by the Blessing of God now brought about by acting in opposition thereunto since the time that the King and Queen now raigning were Proclaim'd or who has been a Retarder or or Obstructor of the good designs of the said Estates viz. The securing the Protestant Religion the settling the Crown the establishing the Rights of the Leiges and redressing their Grievances by acting contrary to the good designs since the time they became publick by Votes and Acts of the Meeting be allowed to possess or be admitted into any publick trust place or imployment of whatever kind under their Majesties in this Kingdom But whither it were that some persons in power thought themselves too deeply within the reach of the Act or for what other cause is unknown neither would this Statute be admitted to the touch of the Royal Scepter So that instead of a Living Law it only became a dead peice of Writing Which was a surprize to many that were concern'd in the passing it as well as to several others that were zealous for the King and the Kingdoms interest that there should be men found who could spy out any thing in this Statute which deserv'd to be clamoured at or was worthy to be complained of more especially since every line breathed forth that lenity and moderation that it savoured rather of a defect then any excess of Justice and that the utmost thereby designed was only a disabling a few wicked men from ruining the Nation for the future but nothing of punishment for what they had done for that there were none excepted as to Life onely the few that were designed to be debarred from Offices were described and charactered after such a manner that the very employing them would dishonour their Majesties and disgrace the Government Then a draught of an Act was brought in for abolishing of Prelacy and all superiority of any Office in the Church above Presbytery and for the abrogating all former Statutes establishing Prelacy and all others contrary to the Act intended Reserving to their Majesties to settle the Presbyterian Government in the way most agreeable to the peoples inclinations and the Word of God Which being Read the Commissioner desired he might see the Act to consider of it against the next day The next day being the 3d. of July the same Act was Read again together with the Act of Parliament 1662. For the restoring of Prelacy with the second Act of the year 1633. and the fourth Act in the year 1681. Which were rescinded by the Act intended with some amendments in the Narrative part adjusting and fitting it to that Article in the claim of Right to which it related and the following clause was added to the rescinding part In so far Allenarly as those rescinded Acts are inconsistent with the present Act and do establish Prelacy or Superiority of Church Officers above Presbyters In the next place the Clause in the Act reserving to their Majesties and the Estates to settle the Government of the Church was taken into Consideration and it being agreed that the Word Presbyterian should be left out the Commissioner mov'd that in the room of the Words To settle the Government of the Church c. the alteration might be to settle such a Government c. upon which a debate arose upon the importance of those words which was put off till the next day Then the Act was again brought in and Read with the amendments and without the paragraph of the rescinded Acts. And after some debate concerning the Clause objected against the settling and Government of the Church being exprest in the terms following That they with the Advice and Consent of this Parliament will settle by Law that Church Governmenu in this Kingdom which is most agreeable to the Peoples Inclinations the Act was put to the Vote and Approved And then the Act ran thus Whereas the Estates of this Kingdom in their Claim of Right the Eleventh of April last declared that Prelacy and Supremacy in any Office in the Church above Presbytery is and has been a great Grievance to this Nation and contrary to the inclinations of the people since the Reformation they having reform'd from Popery by Presbyters and therefore ought to be rescinded Our Soveraign Lord and Lady the King and Queens Majesties do hereby abolish Prelacy and Superiority in any Office in the Church above Presbyters in this Kingdom and hereby rescind ease and annul the First Act of the Second Session of the First Parliament of King Charles the 2d And the Second Act of the Third Session of the Second Parliament of King Charles the 2d And the Fourth Act of King Charles the 2d and all other Acts Statutes and Constitutions in so far allenarly as they are inconsistent with this Act and do establish Prelacy or the Superiority of Church Officers above Presbyters And the King and Queens Majesties do declare That They with the advice of the Estates of this Parliament will settle by Law that Church-Government
Lords of the Session To this effect That by the Laws of the Kingdom when the place of an Ordinary Lord of a Session was vacant it was to be supplyed by the Kings nomination of a fit person for the said Office and presenting him to the rest of the Lords of the Session to be tryed or rejected by them but that then there was a total vacancy by reason of the happy Revolution so that there could be no such Tryal by the Lords in which case when such total vacancies fell out the Lords were either nominated by the King and Parliament joyntly or if they were nominated by the King and the Lords so nominated were admitted by the Parliament Therefore the Act was so drawn that their Majesties would nominate fit persons for the said Office and present them to the Parliament to be tryed approved or rejected by them It was also farther ordained That at all times hereafter when any such total Vacancy should happen that the nomination of the Lords of the Session should be in the King and Queen for the time being or in the Regent during a Minority so they should be presented to the Parliament to be tryed c. It was also farther Enacted that there should be a Ratification by their Majesties of the 93. Act of the 6th Parliament of K. J. the VI. concerning the Admission of the Ordinary Lords of Session and Reformation of abuses therein And the 132 Act of the 12th Parliament of King James the VI. concerning the Jurisdiction Presentation Qualities and age of the Lords of the Session in all the heads clauses and articles of it as also of the clause contained in the 93 Act of the 6th Parliament of King James the VI. Declaring that the President of the Colledge of Justice should be Elected by the whole Senate This Act as it was drawn into form was read again the next day together with the 93 Act of the 6th Parliament and the 132 Act of the 12th Parliament of King James the VI. to which the draught referred And upon debate for a long time the Question being put Whither the Vote of the House in reference to the Act should be stated in the terms of approve or not approve Or of Representing to His Majesties or not It was carryed that the Vote should be put approve or not approve and then the question being put Whither the Act was Approved or not It was carried in the affirmative The Parliament having proceeded thus farr thought fit in pursuance of their Vote and Approbation of their Act to make another Vote that the stop put to the Signet should be continued and that an Order should be drawn up for that purpose till the High Commissioner should represent the whole matter to His Majesty and that he should be pleased to declare his farther pleasure But in the Height of this dispute the Parliament was adjourned upon the second of August to the eight of November next ensuing and when that day approached from the eighth of October to the twentieth of December following and from thence again to the first of March which caused a long Cessation of Parliamentary business Having therefore thus brought the Parliament to the end of their City Consultations it may be time to look into the Field the rather because it was but a very little while before the adjournment of the Parliament that the rebellion of Scotland came to any thing like a Period The main disturbance after the happy Revolution was raised by the Viscount of Dundee who as he began with small beginnings so through the vigilance of the Convention and the Parliament after them he never arrived at any number to render him very formidable only by lurking and roaming up and down in the Fastnesses of the Highlands he took his opportunities more like a Freebooter then an Enemy to commit petty mischiefs that at length brought inglorious ruine upon himself and those that adher'd to him At first he was said to be gone Northward and that a Herald was sent after him to summon him before the Convention but he could not be met with So that because he refused to appear before the Convention and for that he kept an Armed Force about his own House and corresponded with the D. of Gourdon he was upon the 30th of March denounced a Rebel by the Vote of the whole Assembly Upon the Herald and the Trumpeters being sent after him he sent a letter to the President of the Convention to excuse his absence and his not appearing seeming to wonder at it as an extraordinary thing that a Trumpeter and a Herald should be sent to summon a Man to lay down Arms that was living peaceably at his own House That he did not think his person safe among so many Enemies as he had in Edinburgh and who as he was well assured had laid their designs to murder him and therefore he hop'd the Convention would discharge such a groundless pursuit That if they thought his appearance necessary yet it was impossible for him to attend with freedom and safety in regard of the Men of War and Foreign Troops that lay in his way Concluding that if the Convention could not be prevailed with to wave his appearance yet that they would delay it till his Lady was brought to bed and offering in the mean while either to give his Parol or Security not to disturb the peace But notwithstanding this Letter the next news that the Convention heard of him was that he was gone Northward with a part of Fourscore Horse and directed his March toward the Duke of Gourdons Countrey where he was in hopes to find more assistance which caused the Convention to give Orders for a considerable Force to make after him His first act of Hostility was done against the Town of Innerness to the Inhabitants of which place he sent to demand contribution threatning them with Military execution unless they paid it But the neighbouring Gentry gathering together a considerable Force got into the Town and constrained him to betake himself again to the Hills After this he attempted to have surprized the Town of Dundee but he found them so well prepared to receive him that he was forced to draw off After which two unsuccessful attempts in a very dark night he entred St. Johnstons and having taking the two Lairds of Blaire and Pollock two Gentlemen of Quality out of their Beds hastened back to his Fastnesses Several other attempts he made and having encreased his strength by the addition of the Mackdonalds Mackleans and others that came into his party he became above three thousand strong and threatned to fall into the County of Argyle Of all which things the Convention had daily Intelligence and therefore ordered Major General Mackay with a considerable Force to hunt the Rebel out of all his Lurking holes The Earl of Argyle was also sent to secure the Country of Argyle and Colonel Ramsey and others to shut up other Passes
the result of their Counsels were not happy to themselves and of national advantage he feared the present opportunity of doing well if neglected would prove a heavy charge against them in the day of their accounts After the Parliament immediately fell on business and the first matters of moment that they insisted on were the two Acts that were read and pass'd in the preceding Session of Parliament but were not touch'd viz. The Act about the Kings Supremacy the second was the Act to repeal and annul the Rescissory Act which abolished Presbytery which Rescissory Act was made presently after King Charles the Seconds Restauration and the question being put after some small debate Whether they should be presently Touch'd or Voted afresh It was carryed they should be presently touch'd which were done accordingly About this time happened an odd adventure at Elgen about 30 miles from Inverness the business thus 4 or 5 Gentlemen being in Company drinking making merry among other discourses they hapned to fall upon the times and some of them being persons not very well affected to the present Government in the heat of their Cups did not stick to express themselves according to their inclinations one was in great expectation of the late King James's speedy return Another very much doubted one believ'd it feazible another declar'd he thought it impossible for the late King to recover or make a Conquest of Scotland again at which expression one Thomas Tullock was so much enraged that upbraiding their diffidence with a great many reproaches he took a Pistol he had in his hand and wish'd that that Pistol might be his death if he the late King James did not return again and be Master of all his own and before he could speak a word more the Pistol went off and discharging it self into his breast shot himself clean thorough the heart which when related with all its circumstances gave cause of astonishment not only to his own Company but to all that heard it The Parliament had had several warm debates of the freedom that belong'd to every of the Estates in Electing their several Members for their Committees and after much time on several days spent therein it was urged that the better to proceed in chusing of the said Committees it was necessary that the Act concerning the repealing the former Committee of Parliament commonly called the Articles should be first sent for and considered in which Act it was agreed that the Officers of State might sit make Overtures and Proposals and debate in the Committee but not to Vote now the House looking on this as a grievance had heretofore in the last Parliment Voted and annulled the said Act and agreed that in lieu thereof the Bench of Noblemen might chuse the Officers of State to be Members of the Committee notwithstanding their being Ministers of State which being a while argu'd was at length carried by the Vote of the house and approv'd of and immediately had the Royal assent After which the Three Estates proceeded to the choice of their several Committees the Estate of Lords as customarily withdrawing into the inner Session house by themselves The Estate of Barons continued in the Parliament house and the Estate of Burroughs retired to the Commissaries Bench in the lower end of the Parliament house Where after a considerable time they chose their several Committees as follow Committee for Election and Freedom of Speech Noblemen The Marquess of Dowglass Earl of Eglingtown Lord Forrester Lord Belhaven Lord Rollo Barons The Laird of Blackbarrony Laird of Cragivar Sir George Munro Sir Andrew Agnew Laird of Dun Burroughs Sir John Hall Sir Robert Mellvill Mr. William Erskine Mr. John Ross Mr. George Gourdon Committee for the Supply Noblemen Duke Hamilton Earl of Argyle Earl of Cassils Earl of Forfar Earl of Tarras Earl of Kintore Barons Sir John Maitland Laird of Anstruthero Laird of Knocks Sir Thomas Burnet Laird of Craigens Laird of Carrick Burroughs Mr. James Fletcher Mr. Alexander Gourdon Mr. James Lawder Mr. John Cuthbert Mr. James Mardock Sir Patrick Murray Committee for settling the Church Government Noblemen The Earl of Crawford Earl of Southerland Viscount of Arbathnet Viscount of Stairs Lord Cardross Laird of Carmichel Barons Sir John Maxwell Sir Patrick Hume Laird of Brody Sir Archibald Cockburn Sir John Munro of Fowlis Mr. Adam Gourdon of Dallfolly Burroughs Sir Thomas Stewart Mr. William Higgins Mr. James Smith Mr. John Anderson Mr. James Kennet Mr. Patrick Mardock Committee for Reducing of Forfaultures and restoring of Fines Noblemen The Earl of Morton The Earl of Lothian The Earl of Leven Viscount of Kenmuire Lord of Bluntire Lord Torpichen Barons Sir Robert Sinclare Laird of Garthland Laird of Grange Dumbar Laird of Culloden Forbes Laird of Pitliver Laird of Rusco Burroughs Mr. James Smallet Laird of Lewchold Mr. John Murray Mr. Robert Cleeland Mr. John Boswell Sir William Hamilton Thus the Committees being settled and return'd to their several places the high Commissioner according to his priviledge appointed them to meet the next day and so to adjourn from time to time in the intervals of Parliament The Rebels in the mean time though they were narrowly watched by their Majesties Forces had yet made a shift to muster up fifteen hundred choice and select men and were come down and and encamped at the Foot of the Hills near Straithspey in the County of Murray commanded in chief by General Buchan and Colonel Canon and during their stay there had sent orders wherein they resolv'd to burn and destroy all that would not come out joyn with them and assist them of which Sir Thomas Levingstone having timely notice without more deliberation took along with him eight hundred Foot six Troops of Dragoons and two Troops of Horse and with all convenient speed marched towards them and encamped that night near Brody where he was forc'd to attend two whole days the coming of his Baggage Horses On the 30th of April he receiv'd a very good account of the Rebels Camp numbers and posture and resolving to take them napping if possible he immediately Decamps and Marching all that night he made a shift before the break of day to reach Ballagh Castle from whence he could easily discern the Enemies Camp by their Fires and having receiv'd a very good account of the nature of the ground and the danger of the Waters which run along the North side of the Enemies Camp and perceiving a resolution in his Souldiers to engage suitable to his own inclinations he thought fit to let them rest for half an hour and refresh themselves then enquiring about the Fords for there were two whereof one lay within two Musket shot of the Rebels Camp and guarded by a strong party of the Enemy the other was near a mile up the River and left unregarded and secure by the Enemy To this he forthwith marches his Army and in all imaginable silence passes without the least opposition having before left
pleased to send him a Commission to represent his Royal Person in the first Session which he acknowledged to be an Honour far above what he deserved especially at such a time when the Importance and Condition of His Majesties Affairs in the Kingdom of Scotland required the Greatest Trust from his Majesties and the greatest Faithfulness and Ability in his Commissioner which were otherwise necessary in so high a Station And that although the short advertisement of his Majesties Pleasure therein might give him some difficulty in discharging the several duties incumbent on a person in that High Character yet such was the Zeal he had for His Majesties Service and the Good of his Country that he resolved to give all ready and chearful Obedience to His Majesties Commands and to omit nothing in his Power that might advance His Honour and Interest or contribute to the Peace and Security of the Nation That he had received His Majesties Instructions for turning the Meeting into a Parliament and then to adjourn the Parliament to the seventeenth of June and after that to consent to the enacting of such Laws as might not onely redress the particular Articles of the Grievances but to any other Acts which they should advise for securing the Religion Peace and Happiness of the Nation The Duke having thus delivered himself the Kings Commission was read together with the Letter from His Majesty declaring His pleasure to turn them into a Parliament Which being done the Commissioner acquainted the Estates with the Kings farther pleasure that the Earl of Crawford should preside in the ensuing Session of his first Parliament Upon which the Earl came from the Lords Bench to the Presidents Seat before the Throne and made a Speech to the Estates and then moved that the Act for turning the Meeting into a Parliament might be forthwith drawn Upon which the Commissioner named the Earl of Lowthian Viscount Torbat the Lord of Ormiston Sir Patrick Hume of Polwart Mr. William Hamilton and David Spence to be of a Committee for drawing up the Act who thereupon presently withdrawing into the Inner House after a little time returned with the Act drawn up accordingly which being read and debated was without delay both voted and approved as follows The King and Queens Majesties with Advice and Consent of the Estates of this Kingdom at present assembled Enact and Declare That the three Estates now met together the Fifth of June 1689. Consisting of the Noblemen Barons and Burgesses are a Lawful and Free Parliament and are hereby declared enacted and adjudged to be such and to all intents and purposes whatsoever notwithstanding the want of any new Writs or Proclamation for calling the same or the want of any other Solemnity And that all Acts and Statutes to be passed therein shall be received acknowledged and obeyed by the Subjects as Acts of Parliament and Laws of this Kingdom And it is hereby declared That it shall be High Treason for any Persons to disown quarrel or impugn the Dignity and Authority of this Parliament upon any pretence whatever This Act being thus passed and at the same time touch'd with the Scepter the President by Command of the High Commissioner adjourned the Parliament to the Seventeenth of June being Twelve dayes Upon the Seventeenth of June the Parliament met at what time the Commissioner having ordered the Honours to be sent for from the Castle Knighted Mr. William Hamilton Advocate and a Member of the Parliament After which the Commissioner acquainted the Parliament That he had Instructions from their Majesties about redressing the Greivance of the Lords of the Articles as formerly constituted and that their Majesties had ordered him to condescend to the passing an Act for chusing Eight out of every Estate Lords Barons and Burgesses which with the Officers of State should prepare Things for the Parliament And that it should be always in the Power of the Parliament even of those things which the Committee should report if they should think sit so to do Thereupon an Act being drawn to that purpose it was presented by the Commissioner to the Earl of Crawford President of the Parliament who before he gave it to the Clerks deliver'd himself to this Effect That in regard they were now in another Station than they were formerly that is to say the Supreme Court of the Kingdom and so happy in a Prince who preferr'd the just Rights and Interests of his people to his own Prerogative and who crav'd nothing of them but what would make them happy That they should lay aside all Animosities and private differencies and make the Publick Good the only motive and end of their Actings which Things as they were always necessary so especially at that Juncture when they had Religion the Government of the Church and the Just Rights of the Subject to Establish and Greivances to Redress That Christianity taught Verity the King crav'd and the present Juncture made it indispensably necessary and Gods blessing always attended it That the King had put it fully into their power to make such Laws as might secure to them their Religion and Properties wherein if they failed it would be their own fault that the Eyes of their Enemies were upon them waiting for their halting and that nothing could encourage or strengthen them more then Animosities and Divisions among themselves The President having thus spoken delivered in the Act to be Read But then it was mov'd by the Lord Ross that before they went about to consider or Vote any Act that they should all Swear and Subscribe the Oath of Allegiance and that an Act should be made to that Intent Which motion being approv'd the Lord Ross gave in the following draught of an Act in pursuance of what he had mov'd That the Estate of Parliament considering that Their Majesties had accepted the tender of the Crown of this Realm made to them and had taken the Oath appointed to be taken by all Kings and Queens of this Kingdom therefore They with the consent of Their Majesties did Declare Recognize and Assert Their Royal Authority and Right thereto And Ordered all the Members and Clerks of Parliament and all other Persons that at present are in or shall happen to be called hereafter to any place of publick Trust Civil and Military to Swear and Subscribe the Oath hereto subjoyned And they hereby discharge and annual all former Acts of Parliament appointing any other Oaths of Allegiance and Supremacy Declarations Tests or Other publick Oaths whatever to be taken by them henceforward so as they appoint the same to be taken except the Oath de Fideli Administratione To which the Oath subjoyned was this I A. B. Do Solemnly Swear in the Presence of God That I shall bear Faith and True Allegiance to King William and Queen Mary So help me God This Act passed Nemine Contradicente only that the Earl of Kincairden withdrew so that being thus passed and touched with the Scepter all the
in this Kingdom which is most agreeable to the inclinations of the People This Act was touched with the Scepter the 12th of July There was also another Act which had been made by another Parliament of K. Charles the 2d in the year sixty nine whereby the Parliament did enact assert and declare that the supream Authothority and Supremacy over all persons and in all Ecclesiastical causes within the Kingdom of Scotland by vertue of which the ordering and disposal of the external Government of the Church was properly lodged in the King and His Successors as an inherent Right to the Crown This was lookt upon to be such a Law that never any Law before gave a greater power to a Prince and the ill use of it in the Execution of King Charle's power by the Bishops of Scotland and by King James in claiming by it a power to introduce Popery made it so terrible to the Generality of the Scotch Nation that after the Estates had numbered it among the Chief of their Grievances the Parliament past an Act immediately after that for abolishing Prelacy whereby they declared That the first Act of the second Parliament of King Charles the 2d Intitled An Act asserting His Majesties Supremacy over all persons and in all causes Ecclesiastical was inconsistent with the Establishment of the Church Government then desired Therefore their Majesties with the Advice and Consent of the Estates in Parliament did thereby rescind abrogate and annul the foresaid Act and declared the same in all the Heads Articles and Clauses thereof to be of no force or effect in all time coming But notwithstanding this Act past without any contradiction yet was it never touched with the Scepter Which was the more wondred at in regard his Majesties instructions were express to his Commissioner in these words You are to pass an Act establishing that Church Government which is most agreable to the Inclinations of the people rescinding the Act of Parliament 1669. and all other Acts inconsistent therewith There were two great things more in Agitation during this Session the one was the settling of the Church Government since Presbytery was abolished and the other about admitting the Lords of the Session and Electing the President of the Colledge of Justice As to the first there were two draughts brought into the House and form'd into Acts for the consideration of the whole Parliament the One by the Lord Commissioner himself and the other by the Lord Cardross The first which was presented by the High Commissioner the 22th of July ran in these Words For as much as the King and Queens Majesties and the Estates of Parliament by their Act of the first of July Instant Abolishing Prelacy c. did declare That they would settle that Church Government which is most agreeable to the Inclinations of the People and considering that Church Government by General Provincial and Presbyterial Assemblies with the Sessions of the Kirk as it was established by the first Act of the twelfth Parliament of King James the sixth holden in June 1592 is most agreeable to the Inclination of the people Therefore the King and Queens Majesties with the Advice and Consent of the Estates of Parliament revive and renew the said Act of Parliament in all the Heads Poynts and Articles thereof with this express Declaration That the Necessity of Occasional Assemblies be first represented to His Majesty by humble Supplication And Statute and ordain That it shall be lawful for the Presbyters of this Church to admit Ministers upon presentation from the lawful Patrons or Jure de voluto which shall happen hereafter or into Churches which fall not under Patronages but were Mensal and Patrimonial Churches belonging to the Bishops and ordain all Ministers in this Kingdom to submit and conform to the Church Government established by the foresaid Act and to take the Oath of Allegiance under the pain of being deprived of their Churches and losing their Benefices And it is declared That all Ministers that shall submit and conform to the foresaid Church-Government and take the Oaths of Allegiance without being oblig'd to take any other Oath shall enjoy their Churches and Benefices c. in such manner and as freely as they ought or might have done before by the Act in the Year 1592. and to do all and every thing which before pertain'd to Presbyters and were exercised by Bishops except for Scandal or Insufficiency But in regard there were several Ministers deprived of their Benefices since the Year 1662. for not conforming to Prelacy and others since the Year 1681. for not taking the Test Therefore seeing that now Prelacy is abolished and all Acts relating thereto it is but reasonable that those Ministers should be restored Therefore the King and Queens Majesties with the advice c. Ordain the said Ministers c. to be restored And the King and Queens Majesties and Estates declare That they will take care to provide those Ministers now serving the Cure at the said Churches with other Benefices as occasion shall offer they submiting and confirming c. And it is farther declared that Intrants to the Ministry shall not be obliged to take any other Oaths at their admission then that of Allegiance and the Oath de Fideli And in regard that many Confusions and Scandalous Schisms have happened by Ministers meddling in Matters of State Their Majesties with advice c. do hereby discharge all Ministers of the Gospel to meddle with any State Affairs under pain of being held dis-affected to the Government and to be proceeded against accordly And declare That the Jurisdiction of the Church consists onely in Preaching the Word of Jesus Christ correcting of ill Manners by Ecclesiastical Censures and administration of the Sacraments conformable to the 69th act of James 6. Parliament 6. And to prevent that nothing be treated in the Church Judicatories that concern affairs of State or Civil matters it is declared that their Majesties if they think fit may have always one present in all the Provincial and Presbyterial Assemblies as they have their Commissioner present in General Assemblies to inhibit the proceeding in any such affairs if it should be offered at until their Majesties and Privy Council be first acquainted therewith And for that there are many things to he settled in relation to the Discipline of the Church c. their Majesties declare that they with the advice c. will enact such Rules as shall tend most to the curbing Vice and advancement of true Piety and Religion and the preservation of Peace and Vnity Their Majesties also with the advice c. rescind and annul the 1. Act of the 15. Parl. of King James the 6. for Prelates voting in Parliament and the 2. Act of the 18. Parl. of K. J. 6. for the Restor of Bishops the 8. Act of 19. Parl. of K. J. 6. about the Chapter of St. Andrews The 6. Act of 20. Parl. of K. J. 6. concerning the
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
him very uncivilly giving him very opprobrious Language and taxing him with the beggarly appearance of him and his Men whereupon Keil being provok't with a lusty Cane he had in his hand struck Lendal to the ground whereupon some other inferiour Officers made up and laying hold of Kiel they presently made him prisoner and carried him forthwith to the Main-Guard Keil being a man well known and belov'd in the Town had hundreds of the Mobile presently resorting with sticks and staves and threatning to pull down the Guard-house unless they did presently release Keil in the mean time comes up a Magistrate of the town and immediately got Keil releas'd but the Gentlemen Mobs blood being up they would not be satisfied without doing some injury to the Guard which occasioned the Souldiers to stand to their Arms and to threaten extremity to any that would dare to approach all this however would not serve but pressing on with vigorous insolence on them the Centinels were obliged to defend themselves and hapned to kill two of the daring Fellows and wounded others the Magistrates hereupon went up to the Guard and prevailed with them to go in and keep themselves close and in the mean time got two or three Companies of the Earl of Levens Regiment who were quartered in the Cannongate to come up and immediately shutting the City Gates they in a little time clear'd the streets and drove the Sparks into their Houses without further harm though they were obliged to keep Guards in many parts of the City for that Night for fear of a relapse The Captains are both of them confin'd and 't is believed he that gave the first provocation will be severely punished The Earl of Pearth had been long a Prisoner in the Castle of sterling for his high misdemeanours in the last Reign together for his disaffection to the present establishment and but now by the representation of the Earl of Crawford it was mediated that he might have his liberty provided he would procure the coming back and safe return of the young Lord Drummond his Son the Earl of Wigtown and his brother who during the Guardianship of him the said Earl of Pearth and the Earl of Melfort were sent over Seas by their especial order on purpose to be bred up in the Romish superstition and that the Earl of Pearth should give allowable security to do so as also for his peaceable behaviour without plotting or conspiring against the present Government And now at last the long expected Act for settling of the Church Government came to be passed and touch'd with the Scepter Which is at large as followeth An Act Ratifying the Confession of Faith and Settling Presbyterian Church-Government in Scotland In a Parliament at Edinburgh the 7th of June 1690. OUR Soveraign Lord and Lady the King and Queens Majesties and Three Estates of Parliament Conceiving it to be their bound Duty after the great Deliverance that God hath lately wrought for this Church and Kingdom As first To settle and secure therein the true Protestant Religion according to the truth of Gods Word as it hath of a long time been professed within this Land as also the Government of Christ's Church within this Nation agreeable to the Word of God and most condusive to the advancement of true Piety and Godliness and the Establishing of Peace and Tranquillity within this Realm And that by an Article of the Claim of Right it is Declared That Prelacy and the Superiority of any Office in the Church above Presbyters is and hath been a great and insupportable Grievance and Trouble to this Nation and contrary to the Inclinations of the generality of the People ever since the Reformation they having Reformed from Popery by Presbyters and therefore ought to be abolished Likewise by an Act of the last Sessions of this Parliament Prelacy is Abolished Therefore their Majesties with the Advice and Consent of the said three Estates do hereby Revive Ratifie and perpetually Confirm all Laws Statutes and Acts of Parliament made against Popery and Papists and for the Maintainance and Preservation of the true Reformed protestant Religion and for the true Church of Christ within this Kingdom in so far as they confirm the same or are made in favour thereof Likewise they by these presents Ratify and Establish the Confession of Faith now read in their presence and Voted and Aproved by them as the Publick and a vowed Confession of this Church containing the sum and substance of the Doctrine of the Reformed Churches which confession of Faith is subjoyned to this present Act. As also they do Establish Ratify and Confirm the Presbyterian Church-Government and Discipline That is to say the Government of the Church by Kirk-Sessions Presbyteries Provincial Synods and General Assemblies Ratified and established by the 114 Act Ja. 6. Parl. 12. Anno 1592. Intituled Ratification of the Liberty of the true Kirk c. And thereafter received by the General consent of this Nation to be the only Government of Christs Church within this Kingdom Reviving Renewing and confirming the foresaid Act of Parliament in the whole Heads thereof except that part of it relating to Patronages which is hereafter to be taking into Consideration And Rescining Annulling and making void the Acts of Parliament following Act anent Restitution of Bishops Ja. 6. Par. 18. Cap. 2. Act Ratifying the Acts of the Assembly 1610. Ja. 6. Par. 21. Cap. 1. Act anent the Election of Arch-Bishops and Bishops Ja. 6. Par. 22. Cap. 1. Act Intituled Ratification of the five Articles of the General Assembly at Pearth Jam. 6. Par. 23. Cha. 1 Act Intituled For the Restitution and Re-stablishment of the antient Government of the Church by Arch-Bishops and Bishops Cha. 2. Par. 1. Sess 2. Act 1st Act anent the Constitution of a National Synod Ch. 2. Par. 1. Sess 3. Act 5. Act against such as refuse to Depone against Delinquents Charles 2. Par. 2. Sess 2. Act Intituled Act Acknowledging and an Asserting the Right of Succession to the Imperial Crown of Scotland Ch. 2. Par. 3. Act. 2. Act Intituled Act anent Religion and the Test Ch. 2. Par. 3. Act. 6. With all other Acts Laws Statues Ordinances and Proclamations and that in so far allenary as the said Acts and others generally and particularly above-mentioned are contrary or prejudicial to inconsistent with or derogatory from the Protestant Religion and Presbyterian Government now Established and Allowing and declaring That the Church Government be Established in the hands of and exercised by these Prebyterian Ministers who were Outed since the first of January 1661. for Nonconformity to Prelacy or not complying with the Courses of the Time and are now Restored by the late Act of Parliament and such Ministers and Elders only as they have admitted or received or shall hereafter admit or receive And also that all the said Presbyterian Ministers have and shall have Right to the Maintenance Rights and other Priviledges by Law provided to the
the whole Town-Council and Clerks contrary to their Liberties and Express Charters without the pretence either of Sentence Surrender or Consent and the Commissioners in Parliament being chosen by these Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament and many of the said Magistrates put in by him were avow'd Papists and the Burroughs forc'd to pay Money for Letters imposing these Illegal Magistrates upon them 14. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine dic to determine Causes but also ordering them and Commanding them how to proceed in Causes depending before them contrary to the express Laws and by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance with Arbitrary Courses and turning them out of their Offices when they did not comply and particularly those who in Parliament opposed the abrogating the Laws made for security of the Protestant Religion 15. By granting personal Protections of Civil Debts contrary to Law notwithstanding the Representation of the Privy Council to the contrary The said Reasons upon reading were debated one by one which being done the following Declaration as it was prepar'd and voted by the Grand Committee was also read to this effect That the Estates of the Kingdom of Scotland did find and declare That King James the Seventh being a Profest Papist did assume the Royal Power and acted as King without ever taking the Oath requir'd by Law And had by the Advice of wicked and evil Counsellors invaded the Fundamental Constitutions of the Kingdom and alter'd it from a Legal Limited Monarchy to an Absolute and Despotick Power and had exercis'd the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Nation inverting all the Ends of Government whereby he had forefaulted the Right of the Crown and the Throne was become Vacant The foregoing reasons and this Declaration being thus read and consider'd were approved by the whole Convention except Twelve of which number seven were Bishops being all that were present Which being done a Vote passed that an Act should be brought in by the Committee for settling the Crown upon William and Mary King and Queen of England and to consider the Terms of the Destination of the Heirs to the Crown as also to prepare an instrument of Government to be offered with the Crown for securing the people from the Grievances of the last Reigns When all the business of the day was over one of the Bishops offered to say Prayers according to Custom Upon which it was moved that King James being then no longer King of Scotland that the Bishop should be admonished not to pray for him at his peril Which the Bishop observing to avoid the incurring a penalty very discreetly said only the Lords Prayer and so the House adjourned The Convention having made this Progress the Grand Committee for settling the Government were ordered to proceed in perfecting the instrument which was set on foot for that purpose containing a Claim of the Peoples Rights and a Representation of such Grievances as were thought proper to be redressed In the mean time a Proclamation issued forth for the Declaring William and Mary King and Queen of England to be King and Queen of Scotland and accordingly upon the Eleventh of April the same day that they were Crowned in England they were Proclaimed at the Market-Cross in Edinborough with all the joy and sincerity that could be exprest The Proclamation ran in this Form WHereas the Estates of the Kingdom of Scotland by their Act of the Date of these Presents have Resolved that William and Mary King and Queen of England France and Ireland be and be declared King and Queen of Scotland to hold the Crown of Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Regal power be only in and exercised by the said King in the name of the said King and Queen during their Joynt Lives As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the offer of the Crown to the said King and Queen they do Statute and Ordain That William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Market Cross of Edinborough by Lion King at Arms or his Deputy his Bretheren Heralds Macers Pursevants and at the head Burghs of all the Shires Stewarties Baillaries and Regalities within the Kingdom by Messengers at Arms. And because the States did not think it sufficient to Proclaim William and Mary King and Queen of Scotland unless the Authority of James the seventh were quite abolished in that Kingdom they put forth another Proclamation against the owning of the late King J. withall commanding public Prayers to be said for King William and Queen Mary to this effect That the Estates of the Kingdom of Scotland having Proclaimed and Declared William and Mary King and Queen of England France and Ireland to be King and Queen of Scotland They have thought it also fit by publick Proclamation to certifie the Subjects̄ that none did presume to own or acknowledge the late King James the seventh for their King nor obey accept or assist any Commissions or Orders that might be emitted by him and that none did presume upon their highest peril by word writing in sermons or in any other manner or way to impugn or disown the Royal Authority of William and Mary King and Queen of Scotland But that all the people should render their dutiful obedience to their Majesties and that none should presume to misconsture the Proceedings of the Estates or to create jealousies or misapprehensions of the Actings of the Government but that all the Ministers of the Gospel within the Kingdom should publicly Pray for King William and Queen Mary as King and Queen of the Realm And the Estates did farther require the Ministers within the city of Edinborough to read the Proclamation publickly from their Pulpits upon the next Sunday being the 14th Instant at the end of their forenoons Sermon And the Ministers on this side of the river Tay to read the same upon the Sunday after that being the 21th instant and those be North Tay upon the 28th of April under the pain of being deprived and losing their Benefices Discharging withall the Proclamation of the Council dated Septemb. 16th 1686. to be read any more in Churches And the Estates did also farther prohibit and discharge any injury to be offered by any person whatsoever to any Minister of the Gospel either in Churches or Meeting Houses who were presently in the Possession and exercise of their ministry there they behaving themselves as
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-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
Ministers of Christ's Church within this Kingdom as they are or shall be Legally admitted to particular Churches Likewise in pursuance of the Premisses Their Majesties do hereby appoint the first meeting of the General Assembly of this Church as above Established to be at Edinburgh the third Thursday of October next to come in this instant year 1690. And because many conform Ministers either have deserted or were removed from Preaching in their Churches preceding the thirteenth day of April 1689. And others were Deprived for not giving Obedience to the Act of the Estates made the said 13 of April 1689. Intituled a Proclamation against the owning of the late K. J. and appointing publick Prayers for King William and Queen Mary Therefore Their Majesties with Advice and Consent foresaid do hereby Declare all the Churches either deserted or from which the Conform-Ministers were Removed or Deprived as is said to be vacant and that the Presbyterian Ministers exercising their Ministery within any of these Parishes or where the last Incumbent is dead by the Desire or Consent of the Paroch shall continue their Possession and have Right to the Benefices and Stipends according to their Entry in the year 1689 and in the time coming ay while the Church as now Establish take further Course therewith And to the Effect the Disorders that have hapned in this Church may be Redressed Their Majesties with Advice and Consent foresaid do hereby allow the General Meeting and Representatives of the foresaid Presbyterian Ministers and Elders in whose hands the Exercise of the Church Government is Established either by themselves or by such Ministers and Elders as shall be appointed and Authorised Visitors by them according to the Custom and Practice of Presbyterian Government throughout the whole Kingdom and several parts thereof to try and purge out all insufficient Negligent Scandalous and Erroneous Ministers by due course of Ecclesiastical Process and Censures And likewise for Redressing all other Church-Disorders And farther It is hereby provided that whatsoever Minister being Convened before the said General Meeting and Representatives of the Presbyterian Ministers and Elders or the Visitors to be Appointed by them shall either prove Contumacious in not appearing or be found Guilty and shall be therefore Censured whether by Suspension or Deposition they shall Ipso Facto be Suspended from or Deprived of their Stipends and Benefices And Ordains this Act to be Printed and Published Extracted out of the Records of Parliament by me Th. Burnet Cls. Reg. Thus after so much disorder so much Tyranny and Oppression in a Kingdom the ill successes of Rebellion and the Return of Law and Justice into their ancient Channel one would think should be sufficient to regain the Affections of Men wandring after Chimera's and unite them to a Prince who has laid such Foundations of their Tranquillity But Rebels and Robbers very seldom lissen to these charms let the charmer charm never so wisely Which is the reason that the remains of Rebellion cannot yet be extinguish'd and that their are several Trayterous Conspiracies and Correspondencies found out of such as make it their business to disturb the peace of the Government However in regard those Discoveries are not yet ripe for publick view and that we can say nothing more of the Highlanders but that they Rob and plunder where they can find any advantage it is time here to conclude this accompt of the Revolution in Scotland no less memorable then that in England FINIS Books lately Printed and Sold by Tho. Salusbury at the sign of the Temple near Temple-Bar in Fleet-street 1690. THE History of the late Great Revolution in England with the Causes and Means by which it was accomplish'd Together with the Settlement thereof under their most Serene Majesties King William and Queen Mary by the Lords and Commons assembled in the late Parliament With an exact List of the Members of both Houses then Sitting The Second Edition To which is added the Effigies of their Present Majesties curiously Engraven on a Copper Plate A new Art of Brewing Beer Ale and other sorts of Liquors so as to render them more healthful to the Body and agreeable to Nature and to keep them longer from souring with less trouble and charge then generally practised which will be a means to prevent those torturing Distempers of the Stone Gravel Gout and Dropsie With easie Experiments for making excellent Drinks with Apples Currans Goosberries Cherries Herbs seeds Hay c. and the way to preserve Eggs 5 or 6 Months from being musty or rotten With an Appendix how to make Fruit-trees constantly fruitful Miscellany Poems viz. I. Remarks on the Death of K. C. II. II. On the Success of K. J. II. III. Upon Faith IV. Upon Patience V. Ambitioh VI. To the University of Oxford VIII The Soul to a good a Conscience VII The Soul to a bad Conscience By J. Whitehall The Declaration and Manifesto of the Protestants of the Vallies of Piedmont called the Vaudois to all Christian Princes and States of the Reasons of their taking up Arms against the Duke of Savoy And why they have put themselves under the protection of WILLIAM King of Great Britain and of the Evangelick Cantons of Switzerland An exact Collection of many Wonderful prophesies relating to the Government of England c. Since the first year of the Reign of K. James I. to this present time 1690. All which have been truly fulfilled and accomplished Also many Prophesies yet foretelling what Government is to succeed to make this Kingdom happy With the certain time of the Downfal of Antichrist throughout the World Remarks upon the Dream of the late abdicated Q. of England and upon that of Madam the D. of La Valiere late Mistress to the French King c.