pleasant Schene is turned into Confusion and some who doubted of their Interest to be preferred by their Princes Favour to that Share and Interest in the Government they designed they run about hoping to force Him to take them off for fear of their mischief whose Actings shew they resolve rather to disturb that Peace which is not yet well Confirmed to Embroyle the Nation Shake the Throne hazard Religion and all to a Revolution than fall short of their pretensions as if they had said Flectere sinequeo superos acheronta movebo and they have endeavoured to Amuse the unwarry multitude with the specious Pretexts of Law and Liberty and that their Grievances are so far from being Redressed that there are new Invasions made upon them and so in stead of taking their Relief which the King hath offered to all the Grievances represented by the Estates they fall upon new Complaints not formerly pretended to nor thought just or worthy to be insisted on for which some have Addrest to the King with great peremptoriness hindring their native Countrey from receiving the benefit of these Concessions which His Majesty offers in His Instructions But that I may not seem to impose upon you in this matter I will fairly set down both the Grievances and the Redress offered by His Majesty in the Instructions to His Commissioner with some short Notes that you may better understand the nature of the Grievâ—nce and the fulness of the Relief that is offered by the Instructions â—nd in regard the Instructions contain moe things than the Grievâ—nces do such as the turning the States into a Parliament and the â—ike they do not follow the same Method or Answer the numâ—er Therefore I shall repeat every Article of the Grievances with â—he particular Instruction relating to it together and then come to â—our Questions Article First Grievance THe Estates of the Kingdom of Scotland do Represent that the Committee of Parliament calâ—ed the Articles is a great Grievance to the Nation and that there â—ught to be no Committees of Parliament but such as are freely Chosen â—y the Estates to prepare Motions and Overtures that are first made â—n the House This is Answered by the second Article of the Instructions â—nstrustion â—econd YOu are to pass an Act for Regulating the Articles to consist of Twenty four Persons besides the Officers â—f State whereof Eight are to be Chosen by the Noblemen of their Eâ—tate Eight by the Barons and Eight by the Burrows out of their Eâ—tates and in case of the death of any of these Persons that Estate out â—f which the Person Deceased shall supply the same These are to prepare Matters and Acts for the Parliament but not to exclude the Parliaâ—ent to take any Matter into their Consideration though it hath been thrown out and Rejected in the Articles and all former Acts specially the first Act Parliament first Session third Charles the Second inconsistent herewith are to be Rescinded The Parliament of Scotland doth consist of Three Estates who all meet in one House and by the ancient Laws and Custom of that Kingdom there was a select number of Persons Chosen out of the Three Estates who with the Officers of State were called Domini ad Articulos because they did prepare Articles or Proposals and Framed Acts which were brought in to be Considered in Parliament And this Committee for Articles hath been as Antient as we find any Records of Parliament in that Kingdom and the Officers of State were alwayes Members The great Weight in the Mannagement of Affairs was committed to this Committee And in Antient times after the Articles were once Constitute the Parliament did Adjourn to a certain day till all things were prepared by the Articles which were to be proposed in Parliament The Policy of that Kingdom had introduced and maintained this Constitution of the Articles upon weighty aad solid Reasons as 1o. To preserve the different Interests of the Three Estates among themselves the several Estates having no Negatives in the Parliament for though one State were intirely opposit the plurality of the whole doth Determine and Decide And the Estates not being equal in number a greater State Combining might overthrow the Interest of another especially since the State of the Nobility being increased at the Kings Pleasure there are at present as many Lords in Scotland as do equal or exceed the number of the Commissioners for Shires and Burrows together As also the number of the Royal-Burrows may be increased at the King's Pleasure But the Shires remaining the same the Estate of the Burrows which hath the greatest part of the Property and visible Estate of the Nation they may have the fewest Votes in the Parliament But in the Articles every State hath an equal number whereby in the Projecting and Framing of the Laws each State hath an equal Interest 2o. All the Estates meeting in one House and there being no Negatives in the Parliament of Scotland a suddain Vote would put the Kings of Scotland to this strait and difficulty either to consent to a Law whereof they might be ignorant as to its Design and Framing or else to refuse the Royal Assent and so a Breach or Difference were Stated betwixt the King and People and there could be nothing more expedient for preventing these Inconveniencies than the Choosing of a select number for each Estate who with the Officers of State for the King did Prepare Digest and Adjust all Matters which were to be brought in to the Parliament In the Parliament of England there are two Houses and their Forms of Proceeding are flow and Cautious whereby the King may understand whatever is under the Deliberation of the one House before it come to the other and by Conference betwixt the two Houses Matters use to be Adjusted before they come the Kings length for the Royal Assent But in Scotland the Procedure is quick and the Forms of Parliament are Expedit and Summar besides the Temper and Genious of the Nation which is ready not to say Prefervidum Scotorum Ingenium whereby Matters of the greatest Importance may be Stated and Determined at one Sitting in the Parliament of Scotland And therefore as Matters in England do proceed by Bills from the Houses to the King so in Scotland Business did Commense from the Articles in which both the King and People had their shares of Members Of late there hath Excesses and Abuses crept in to the Articles both as to the manner of their Constitution and Power of Pâ—…miting the Parliament And since the Year 1633. The Bishops did chuse Eight Noblemen and the Noblemen did chuse Eight Bishops these did chuse Eight of the Commissioners for Shires and Eight of the Commissioners for Burrows who with the Officers of State made up the Articles by this method both the small Barons and Burrows were excluded from any Interest in chusing the Articles and they had not so much as a Vote in chusing these persons who
were to Represent their particular Estates in the Articles And it being the King's Prerogative to name all the Bishops in effect the King had the sole Power or Influence to make the whole Articles 2o. In stead of a Preparatory Committee for Ordering all things that were to be brought to Parliament the Articles did assume a Power that what they once rejected could not be brought in to plain Parliament But yet by the express Act of Parliament foresaid the 1. Act Sess 3. Parl. 1. K. Charl 2. The Articles is Constitute in the manner above-mentioned to be a perpetual Law in all time coming which was justly represented as a Grievance to the King but there is not the least mention of Officers of State though that point was spoken of and under Consideration in the Meeting by this Instruction the King did most Graciously and Fully Redresse these Errors and Corruptions of the Artieles by allowing every State to choise it s own Representatives and Declaring that the Articles shall not have Power to Pre-limit the Parliament but that even these things that have been rejected in the Articles may be brought in in plain Parliament whereby the interest of the Estates are equal and intire and the Parliament can never be imposed upon nor precluded It might have been expected that so Gracious a Concession from the King and His parting with so important a Jewel should have satisfied every man that the King designed no Arbitrary Power and that He verified that Clause of His Letter to the Estates That He would never put His Greatness or the Advantage the Crown had got in the Ballance with the True Interest of the Nation Yet this Concession did not please but some men insisted That there should be no Articles or constant Committee at all having now taken up a prejudice against the Name as well as the Excess of the Thing though the Grievance calls it the Articles and mentions not one word against a constant Committee But now they would make an Inference from the Custom of England though the Constitution of the two Parliaments are totally different And next they did Object against the Officers of State though this was no Incroachment or Corruption but they were Members of the Articles in the most Antient Constitutions And these last hundred and fifty years the Officers of State are named together in a Colum by themselves as distinct Supernumerary persons for the Interest of the Crown and as the Officers of State are not mentioned in the Grievance So the meaning of the Articles can not be extended to reach them for they being Supernumerary and for the King are not to be chosen nor can Re-present any State of the Parliament because they are Members of Parliament as Officers of State and are called and ranked though they be but Gentlemen before the Commissioners for Shires and Burrows It cannot but appear a great extremity that whereas by the present standing Law the King hath the whole Power and Influence in making the Articles that in an instant He shall be reduced to have no Interest at all and whereas every Estate hath an equal share of Members in this Committee for preparing Things to the Parliament the King shall have none for Him and every Body knows what Advantage may be made in the Framing and Wording of an Act where the Matter may be plausible and it were hard that the first Notice or Advertisement the King or His Commissioner might have of a Law designed were to hear it Read and Voted in the House and so be put on a sudden to give His Consent or interpose His Negative after the Parliament has engaged themselves by a Vote this Rock Our Ancestors have always shunned and there never was a Vote in the Parliament of Scotland before this time till the Matter was first subjected to the Kings Consideration and that His Commissioner was previously Instructed or knew it to be agreeable to the Kings Inclinations And there being a Law standing that all Matters to be determined in Parliament must be first brought in to the Articles till that Law be Repealled at least these Votes which were pressed in the Address were both unnecessary and preposterous But the King was so far from taking any occasion of Displeasure that he did Conced a further step by an Additional Instruction dated at Hampton-Court the Fourth day of July last which the Commissioner Read in Parliament WILLIAM R. Additional Instructions to Our Right Trusty and Right Entirely beloved Cousin and Councellor William Duke of Hamilton Our Commissioner 1. BY the Second Article of your Instructions Dated the Thirty One day of May last you was impower'd to pass an Act for regulating the Committee Called the Articles which were to consist of Twenty four persons besides the Officers of State Notwithstanding of which These are to Authorize you to pass an Act for them to consist of Thirtie three persons besides the Officers of State whereof Eleven to be chosen out of every Estate according to your former Instructions who are to prepare Matters as is therein expressed not excluding the Parliament to take Matters into their Consideration though it hath been rejected in the Committee nor to prevent their moving of any thing and regulating of it to them and the said eleven out of every Estate to be chosen Monthly or oftner if the Parliament think it fit and all former Acts especially the first Act Charl. 2. Sess 3. inconsistent with this are to be Rescinded 2. You are to pass what Acts stall be proposed sor settling the Church-Government according to your former Instructions 3. You are to pass an Act Rescinding all Forfeitures past against any of Our Subjects either in Parliament or Criminal Court since the first day of January 1665 which shal be thought fit by the Parliament to be Rescinded Likewise you are to consent to what Our Parliament shall propose for Restitution to be made of Fines or Compositions for Fines or Forfeitures from those who had the Benefit of them and you are to Rescind such Acts as were made in the years 1681 and 1685 as are justly grievous Although the first of the above Instructions is not complyed with yet you are to move the other two and have them past before any Adjournment Given under Our Royal Hand and Signet at Our Court at Hampton Court the Fourth day of July 1689. And of Our Reign the First Year By His Majesties Command Melvill The King did hereby Consent that the Articles should not be a constant Committee as they are now by Law but that the Estates might change their Representatives as oft as they please so that they could not be packed nor taken off by the Court and that each State in stead of Eight might choose Eleven Members whereby the Officers of State could never over-rule or determine them The whole Number of the Officers of State extends only to Eight whereof the Lord Secretary is ordinarly at Court and
the desires of His People or to shift them off upon the Generality of their Desires But what they plainly desire He gives a distinct Instruction to it and when they point at any thing which they do not distinctly Express He Remits the whole Affair to themselves and in this Case because there was no necessity of Adjusting Narratives but only to Rescind some Acts of that Parliament therefore the King doth not Require His Commissioner to Transmit the Proposals as in many other Articles but Authorizeth him to give the Royal Assent in this Matter and in the Settling of Church-Government and in Redressing of Fines and Restoring of Forfaultures which were the greatest Tokens of his Intire Confidence in the Parliament and that He did not Proceed Cautiously or Narrowly with them Who could have expected such unsuitable Returns that some persons should press to proceed to Votes in Matters new not offered in their Grievances without Representing to His Majesty any thing of the Matter before they were previously engaged and put the King to the necessity of a Refusal But that you may have a Swatch of the Acts of that Parliament and how far our Great Men did Outvey one another to Depress the Nation and Raise the Prerogative I have set down the Second Act of that Parliament by which you will see that they have not rested in the Doctrine of Passive Obedience but for what I see we owne Active Obedience without Reserve and yet I am told this Act passed with very few or no contrary Votes A Declaration and Offer of Duty by the Kingdom of Scotland with an Annexation of Excise to the Crown April 28. 1685. THe Estates of Parliament now Conveened by His Majesties Soveraign Authority Taking into their Confideration how the Nation hath continued now upwards of 2000 years in the unaltered Form of our Monarchical Government and uninterupted Line of 111 Kings whose Sacred Authority and Power hath been upon all Signal Occasions so Owned and Assisted by Almighty God that Our Kingdom hath been Protected from Conquest Our Possessions Defended from Strangers Our Civil Commotions brought into Wished Events Our Laws Vigorously Executed Our Properties Legally Fixed and Our Lives Securely Preserved so that We and Our Ancestors have Enjoyed those Securities and Tranquillities which the greater and more Flourishing Kingdoms have frequently wanted Those great Blessings We Owe in the first place to Divine Mercy and in Dependance on that to the Sacred Race of Our Glorious Kings and to the Solid Absolute Authority wherewith they were Invested by the First and Fundamental Laws of Our Monarchy Nor can either Our Records or Our Experience Instance Our being Deprived of those happy Effects But when a Rebellious Party did by Commotions and Seditions Invade the Kings Sacred Authority which was the Cause of Our Prosperity yet so far hath Our Primitive Constitution and Fundamental Laws Prevailed against the Innovations and Seditions of Turbulent Men as that these Interuptions never Terminated but either in the Ruine or at least the Suppression of these who at any time did Rebell or Rise in Opposition to Our Government And since so many Ages hath Assured to Us the great Advantages that flow down to all Ranks of People from the happy Constitution of Our Monarchy and that all Our Calamities hath ever arisen from Seditious Invasions upon these Sacred Rights Therefore the Estates of Parliament for Themselves and in Name of the whole Kingdom Judge Themselves Obliged to Declare and They Do Declare to the World that they Abhor and Detest not only the Authors and Actors of all preceeding Rebellions against the Soveraign but likewise all Principles and Positions which are Contrary or Derogatory to the Kings Sacred Supreme Absolute Power and Authority which none whether Persons or Collective Bodies can Participat of any manner of Way or upon any Pretext but in Dependance on Him and Commission from Him and as Their Duty formerly did Bind them to Owne and Assert the Just and Legal Succession of the Sacred Line as Unalterable by any Humane Jurisdiction so now they Hold Themselves on this Occasion Obliged for Themselves and the whole Nation Represented by Them in most Humble and Dutiful Manner to Renew the Hearty and Sincere Offer of their Lives and Fortunes to Assist Support Defend and Maintain King James the 7th their present Glorious Monarch and his Heirs and Lawful Successors in the Possession of Their Crowns Soveraignty Prerogatives Authority Dignity Rights and Possessions against all Mortals And withall to Assure all His Enemies who shall Adventure on the Disloyalty of Disobeying His Laws or on the Impiety of Invading His Rights that such shall sooner weary of their Wickedness than they of their Duty And they firmly Resolve to give their intire Obedience to His Majesty without Reserve and to Concur against all His Enemies Forreign or Intestine and they solemnly Declare that as they are Bound by Law so they are voluntarly and firmly Resolved that all of this Nation betwixt Sixty and Sixteen Armed and Provided according to their Abilities shall be in Readiness for His Majesties Service where and as oft as it shall be His Royal Pleasure to Require them And since the Excise of In-land and Forreign Commodities Granted to King Charl. 2 of ever blessed Memory by the 14th Act of the Parliament 1661 during all the days of his Lifetime and Prorogat by the 8th Act of the Parliament 1681 for five years thereafter will shortly Terminat And the Estates of Parliament Considering the Usefulness of this Grant to Support the Interest of the Crown Do as the first Evidence of their Sincerity in the foresaid Tender of their Duty Humbly and Unanimously Offer to His most Sacred Majesty King James the 7th their present Monarch and to His Lawful Heirs and Successors in the Imperial Crown of Scotland the said Excise of In-land and Forreign Commodities exprest in the said 14th Act of Parliament 1661 to be Collected in the manner Prescribed by the said 8th Act of the Parliament 1681 for ever And His Majesty and Estates of Parliament by the force of this Act have United Annexed and Incorporated and Unites Annexes and Incorporats the same to the Crown of this Realm to Remain therewith in Annexed Property in all time coming And in respect that the Alteration in the method of Collecting the In-land Excise from what it was by the Act 1661 to that Prescribed by the 8th Act of the Parliament 1681 will require some time to establish it in Collection Therefore His Majesty with Consent of the Estates continues the Collection Prescribed by the 14th Act of the Parliament 1661 for the said In-land Excise for six Moneths from the first of May next allenarly Art. 12. Griev THat the Marriage of a King or Queen of this Realm to a Papist is dangerous to the Protestant Religion and ought to be provided against This is Answered by the Fourteenth Instruction Instruct 14. YOu are to pass an Act that
men who make such a noise about the Authority of the Grievances that the King must satisfie them and yet when they please to bring in any little Overture it must take place and justle out the other 2º As to the Vote of Incapacities it is indeed a Vote incapacitating the King to imploy any person in his service but whom they please for the Terms are so lax and the Nation so universally involved that there are few men of Business Fortune or parts but they may be reached and most part of the Addressers themselves as far as they are capable they are guilty but when a man turns upon that side the most abominable and monstrous faults are covered whereas trifles are mustered and magnified if a man be on the King's side And I cannot forget the last Member of the incapacities that all who have obstructed the designs of the House after they came the length of Votes shall be incapable of Publick Trust though the Royal consent neither is nor I believe will perhaps ever be adhibited so they are no Laws but abortive Attempts which never had a precedent and it may be will never have a parallel So it was above measure hard to inflict the severest pain of incapacity where there was no Law Transgressed as appears by the words of the Statute Act 3. Par. 1. K. Ch. 2d So no Acts Sentences or Statutes to be past in any Parliament can be binding upon the people or have the Authority and force of Laws without the special Authority and Approbation of the King's Majesty or His Commissioner interpon'd thereto at the making thereof the punctual observance thereof is injoyned that none offer to call in question impugn or do any deed to the contrair hereof under the pain of Treason 3. As to that Article concerning the Session I have already told you how it was thrown out by the Committee of the Estates I dare say to you upon my reputation that there is not one word in our Law giving the Parliament any power in Tryal or Admission of the Lords of Session I shall refer you to two short Acts in Anno 1661 the second eleventh Acts of the first Session first Parliament K. Ch. 2d Where the King 's Right in this point is as clearly stated as can be exprest These Acts are as follows ACT and Acknowledgment of His Majesties Prerogative in the choise of His Officers of State Counsellors and Judges THE Estates of Parliament considering the great obligations that do ly upon them from the Law of God the Law of Nations the Municipal Laws of the Land and their Oaths of Allegiance to maintain and defend the Soveraign Power and Authority of the King's Majesty and the sad consequences that do accompany any incroachments upon or diminutions thereof do therefore from their sence of duty declare that it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Realm to have the sole choise and appointment of the Officers of State and Privy Counsellors and nomination of the Lords of Session as in former times preceeding the year 1637. And that the King 's Sacred Majesty and his Heirs and Successors are for ever by vertue of that Royal Power which they hold from God Almighty over this Kingdom to enjoy and have the full exercise of that Right And therefore the King's Majesty with Advice and Consent of his Estates of Parliament doth hereby Rescind all Acts Statutes or Practices to the contrair Follows the acknowledgment of His Majesties Prerogative FOrasmuch as the Estates of Parliament of this Kingdom by their several Acts of the 11th and 25th of January last have from the sense of their humble duty and in recognizance of His Majesties just Right declared that it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choise and appointment of the Officers of State Privy Counsellors and Lords of Session c. I shall only tell you that the Session is sitten down with as great satisfaction as ever it did and several of the most eminent Lawers have accepted whose Practice was much better than their Sallaries and you must allow me to say since they must know the Law they are great fools if they be not safe And I am sure the greatest Lawers that did oppose this would have been content to have run the hazard of the Parliaments censure if they could but procured the King's Commission and would have parted with the Club to the Boot when they had got their own Staik And as to that part of the Vote that the President should be chosen by the Lords this did not concern the Parliament since the Lords did not complain And the five last successive Presidents are named by the King in the same manner Besides my Lord Stairs is not made of new President but restored to an Office whereunto He had been formerly Admitted by the Lords conform to the King's Declaration from which he was unjustly thrust out And withal the Lords did unanimously by a Vote acquiesce in His Majesties nomination and reponing the President and declared if the matter had been intire to themselves they would all and every one of them have chosen him so this dust has been very idly raised 4o. I must again take notice of that grief they express for the want of that Church-government they themselves hindered to be established and the design of the Address is to Imprint in the apprehensions of the people that the King is slow or backward in that matter 5o. As to the Apology for not giving Cess it is very pleasant they did not refuse it absolutely but till some things were first exped which might give them satisfaction that is to say they would give no Cess or Subsistence for the Kings Troops though they must quit the Countrey if he withdraw them till such time as the King shall renounce the remainder of his Soveraignty And I shall not say that he hath been prodigal of his Prerogative but I am sure he hath been so liberal of it that it might at this time have given contentment for once It is needless in this case to remember either the obligations we owe to our King or the necessity we have of his Protection but I shall offer two things to show the ingratitude and foolishness of refusing this Supply 1o. The King hath expended above Threescore thousand pounds upon his Troops in Scotland out of his own Pocket for our defence and in sending Arms Ordnance and Ammunition thither and if he should abandon us this Winter the best part of the Nation would be forced to leave the Countrey 2o. By a standing Law the Parliament settled Eight Months Cess upon King James during his lifetime which we payed pleasantly for supporting that Government was it discretion to refuse the King four Months Cess which is but 24000 Pounds
in absence of the party concerned to sugest any thing for clearing of himself the privat Informers became engaged to hold by what they had once Declared under the pain and disgrace of Perjury by this Instruction which is fuller than the Grievance His Majesty consents to secure His Subjects from such Inquisitions But in regard of the Machinations and Plots which may be necessar for the Government to be discovered at this present Juncture Therefore His Majesty doth Remit to the Parliament to Consider what is proper at this time that they might fall upon some Temporary Remeid as the Parliament of England had done in relation to the Habeas Corpus or Suspending the Commensment of this Law for some time Article 5. Grievance THat Assises of Error are a Grievance and that Juries be considered by Parliament This Article is Answered by the seventh Instruction Instruction 7. YOu are to pass an Act either to take away Assises of Error or otherwaies that they shall take place as well against the Jurie that Condemns as against the Jurie that AssoilÈies any Pannel By the Law and Custom of Scotland the Criminal Judge doth Cognosce and Determine the Relivancy of an Inditement and the Jury doth only Consider the Probation adduced and give their Verdict whether the Pannel be guilty or not guilty And this is a singular Custom in Scotland that when upon the Juries Verdict the Pannel or Party accused is Absolved that Jury was lyable to be Conveened before a Grand Jury and the persons might be found guilty as Temere Jurantes super Assisam for acquiting â—he Criminal but in case they did Condemn the Jury was not lyable to an Assise of Error This hath been introduced in the simplicity of antient times when Juries were more prone to Mercy than Severity because it was presumed no man would pass upon a Jury willingly to Condemn his Neighbour if he did thereby expose himself But in the latter times this has been found a great Inconveniency and Juries may be affrighted and imposed upon to Condemn persons because the King's Advocat may Protest for Assise of Error in case they acquit whereas they are secure if they Condemn and therefore the King hath consented that the Parliament make their own choice whether they will take away Assise of Error in all cases or if they will make Juries lyable for Condemning as well as acquitting Pannels Article 6. Grievance THat the 18 Act of Parliament 1681. Declaring a Cumulative Jurisdiction is a Grievance This sixth Article of the Grievance is Answered by the eight Instruction thus Instruction 8. YOu are to pass an Act Rescinding the eighteenth Aâ—… of Parliament 1681. Asserting the Prerogative iâ— point of Jurisdiction This sixth Article of the Grievances and eighth Instruction iâ— Answer thereto will be best understood by the Act it self to whicâ— they relate Follows the Act. ACT Asserting His Majesties Prerogative in point of Jurisdiction September 16. 1681. THe Estates of Parliament Considering That all Goveenment anâ— Jurisdiction within this His Majesties Antient Kingdom oâ— Scotland does originally Reside in His Sacred Majesty Hiâ— lawful Heirs and Successors And though His Majesty and His Royal Predecessors have bestowed Offices and Jurisdictions upon severals oâ— His well deserving Subjects yet these are not privative of His Jurisdiction They do therefore in a dutiful and humble Recognisance of His Majesties Royal Right and Prerogative as to this Point Declare That notwithstanding of these Jurisdictions and Officeâ— His Sacred Majesty may by Himself or any Commissionat by Him take Cognisance â—nd Decision of any Cases or Causes He pleases Shortly after this Act there was a Commission under the Great Seal to the Lords of Session rendring their places Arbitrary and â—d placitum in which the Lord Stair President of the Session Lord Newbyth and others were left out These the King hath now Restored to their places according to His Declaration and even Heretable Jurisdictions were Invaded and not only matters Civil but the highest Points of Criminal Jurisdiction were commitâ—ed to Soldiers and other persons who were Impowered Summarly to Execute to the Death free Subjects without any formality of Process or Jury and many persons were taken off that way whereby the ordinary Legal Judicatures might be rendred â—neffectual And the King had Power to Judge every Scots-man either for his Life or Fortune by himself or such persons as he pleased to appoint and to Avocat Causes to be Cognosced by His Courtiers at Whitehall This gave the King the greatest latitude â—f Arbitrary Power imaginable and more than is practised in any â—lace of Europe And when such Laws are once Established in â—avours of the Crown we seldom see Princes willing to Renounce â—hem but only to moderat the Execution in ordinary Cases reâ—erving alwayes the Power and Capacity to themselves But by â—his Instruction our King was willing to part with this extravagant Power and it is matter of Surprise that He was not taken at His Word Article 7. Grievance THat the Commissariot Courts as they are now Constitute are a Grievance This is Answered by the ninth Instruction â—nstruction 9. YOu are to pass an Act for Regulating the Abuses in the Commissary Courts and all other inferior Courts The Commissars were a most Antient Constitution the Nomination of them was committed to Church-men but after the Reformation the Bishops being excluded the Nomination of the Commissars did fall to the King and after the Restitution of Episcopacy in Anno 1606 the Nomination of the Commissars was given to the Bishops as their Officials and they are the sole Judges in the first Instance of Scandel Matrimony Divorce and several other Matters which have alwayes been reserved in the hands of the Clergy as the Confirmation of Testaments and ordering the performance of the Wills and Legacies of Defuncts and the Provisions of Relicts and Orphans In this Grievance it is Represented That there are Errors according to the present Constitution of this Court yet these Errors are not specified Neverthelesâ— the King remits it to the Parliament to Rectifie whatsoever they thought amiss in this Court and the Instruction is much larger thaâ— the Grievance for thereby the King Remits it to the Parliamenâ— to Regulat all inferior Courts Article 8. Grievance THat the 27 Act of the Parliament 1663. Giving thâ— King power to Impose Custom at His Pleasure upoâ— Forraign Import and Trade is a Grievance anâ— prejudicial to the Trade of the Nation This is Answered by the seventeenth Instruction Instruction 17. YOu are to endeavour to procure an Act or Actâ— for the encouragment of Trade and if the 2â— Act of the Parliament 1663. be found incoâ—venient it may be Regulat or Rescinded and when the Propâ—sals are Adjusted you are to transmit them to Us that you maâ— receive Our Instructions thereanent For the better understanding of this Grievance I have set dowâ— the Act it self ACT Asserting His Majesties Prerogative in the Ordering and
desire The King can imploy no more Actors than our Stage can hold He hath not put any Stranger nor any Scots-man that served Him abroad in any Scottish Imployment if the Nation could make a larger Fond no doubt He would be willing to intertain more persons for it s not likely the King intends to put up any Scots Money in His pocket at present He hath allowed no multiplication of Offices in one person but by putting the great and lucrative Offices into Commissions there are twice as many persons imployed in this Government as ever can be instanced in former Establishments In the whole Parliament of Scotland for all this noise there are not twenty persons as I do verily believe who are at bottom ill affected to their Majesties Service and Government but there are very many who have been seduced and have been imposed upon wholly under gross mistakes which have transported them beyond the bounds of Discretion or Duty There are persons amongst us who have their Thoughts so much set upon getting into the Government and Lucrative Places of the Kingdom that they are resolved to disquiet the Government and discontent the people before they fail of their pretensions and they turn themselves into all shapes and plyevery Wind to Deceive and amuse the people their influence is not so much because they are able and Leading Men as that they are restless and implacable Spirits and they have gotten this ascendent over a great part of the Parliament two or three wayes 1o. The most part of the Parliament have been kept ignorant of the King's Inctructions and there was no Artifice wanting to possess every State and Person that the King had refused Satisfaction or Redress to these points of the Grievances which were most material and I know to my experience that the Ministers and also several Members of Parliament who came up here with the loudest Complaints upon a sight of His Majesties Instructions they were surprised and convinced and the like success may be expected throughout the whole Kingdom and Parliament after a competent time to be informed and peruse the Instructions and that they may return to their former temper and shew that affection they had for His Majesty and the Deference and Submission to His Mannagement of Affairs 2o. These persons who are so insatiable for preferment and places they did very dexterously start and mannage an unnecessary Debate whether or not the King was obliged by their Offer and His acceptance of the Crown to Redress all Grievances and whatever Conclusions they were pleased to draw from them as their meaning though these be neither obvious nor exprest and albeit it be very true that the Grievances are not obligator upon the King as they are represented further than the King in His Wisdom shall find the things Complained upon to be truly prejudicial to the Nation and in so far as Father of the Countrey He is obliged to give His people Relief but Their Majesties were Declared Recognised and Proclaimed King and Queen of Scotland before the Grievances were Framed and so they could be no Condition or Quality of Their Right but being humbly represented to the King's Majesty from the Estates to be Redressed by Him in Parliament His Majesty did not at all engage Himself in any particular but Declared in general that he would Redress every thing that was truly Grievous to the Nation now while they mannage this disingenious and weak Argument whether the King be obliged to Redress the Grievances they in the mean time have endeavoured to perswade the people that the King hath not at all done it and that he is so far from performance that both he and his Ministers denyes there lyes any obligation upon him so that in this Revolution the people do only observe a change of Masters but no ease of Burden or Redress of Laws now after the publishing of the Instructions this Imposture is so gross and palpable that it can no longer detain the people in ignorance 3o. When the Parliament was willing to proceed according to the Instructions and to have settled their Church-Government These persons brought in always some new Motions which they did pretend to be necessarly previous as first they did pretend the Articles was a Preliminary and therefore nothing could be done till that point was Adjusted Next they did insinuat that it was to no purpose to settle the Church till first the State was purged and all the ill men rendered incapable for if ill men were permitted to come in to the Government they might easily turn the settlement of the Church round and thereupon there was a great Struggle and Debate whether Church Government should be first settled or the State purged by an Act of Incapacities 〈…〉 and it was carryed the Church Government should be delayed and postponed to the purging the State which may demonstrat that these men had more the State than the Church under their prospect Thereafter thesettling of Church Government being brought in they started a fresh Hare and mannaged a Debate with great earnestness that their Commissioners had not done their Duty in the offering of the Crown according to their Commission and Instructions and it was a second time brought to the Vote whether Church Government or the â—xoneration of the Commissioners should first come in It was carryed again to delay Church Government and several dayes being spent upon that Matter it came to nothing and was found to be pestered on groundless malice Thereafter the Church Government was talked of and then it was pretended that so long as the Act of Parliament stood unrepealed anent the Articles nothing could come in legally to the Parliament but from the Articles hereupon the King was pleased to make a further step and he sent down new Instructions which the Commissioner did intimat in plain Parliament bearing his Majesties Consent that Church Government might be settled Fines and Forefaultures considered by the Parliament either with Committees or without Committees as the Parliament pleased and in so far as concerns these points the King did pass from his Right and consented that his Officers of State should have no meddling in the matter but remitted these matters intirely to the Parliament and this Concession being publickly intimat from the Throne it was openly asserted by Lawers and others that albeit the King did pass from the Articles as to these points by an express Instruction to his Commissioner yet the Settlement could not be Legal till either the Articles were Repealed or a draught brought in to the Articles Here I shall intreat you to observe when these men had no mind to bring in a matter then the Articles was so indispensable that the Kings Instructions was not sufficient to warrant the Legality of any matter to be brought into Parliament otherwayes than from the Articles but when ever they resolved to have a matter brought in then there was neither necessity nor use of the