THE HISTORY OF THE AFFAIRES OF SCOTLAND FROM The Restauration of King Charles the 2d in the year 1660. And of the late great Revolution in that Kingdom WITH A particular account of the Extraordinary Occurrences which hapned thereupon and the Transactions of the CONVENTION and PARLIAMENT to Midsomer 1690. With a full Account of the Settling of the Church Government there Together with the Act at Large for the Establishing of it Licensed and Entred according to Order LONDON Printed for Tho. Salusbury at the sign of the Temple near Temple-Bar in Fleet-street 1690. TO THE Right Honourable JANE Countess of SUTHERLAND Madam IT was the Custom in former Ages when Offerings were made to various Deities that the Adorer made choice of that same Numen to which he thought his Oblation would be most Grateful The same reason encourages this Address to your Ladiship in hopes the Subject of it will be acceptable to a Personage so eminently fam'd for being so highly concerned in the late Miraculous Revolution and your assisting the Deliverance of these Oppressed Nations To you therefore Madam this Compendium appeals as an accomplished judge of Truth where ' ere you find it or in what ever dress 'T is true Madam the Present is but inconsiderable as is the Quality of the Presenter But Persons in your Station look down as well as upward Which if your Ladiship shall vouchsafe to do with an Eye of favour upon this unworthy Offering it is the chief Happiness aspir'd to by Madam Your Ladyships most faithful and most Humble Servant T. S. TO THE READER PRovidence over-rules all Things but never any Act of Providence so strange and so surprizing as the great Revolution that so lately happened in the two Kingdoms of England and Scotland A Revolution not to be parallel'd in History but seasonable to the British Monarchy the Glory whereof was almost brought to Ruine and Destruction Nor was it to be admired that the desire of such a Change should reach so far as Scotland where the causes were the same and the cries of Oppressions were no less loud then in England For it is too evident that all the Laws Priviledges and Rights of the Kingdom of Scotland had under the late Raigns been not onely encroached upon but subverted and Overthrown In regard that by the gradual enlargements of the Prerogative beyond what was allow'd by the Laws of the Constitution and the Statutes of the Realm the Legal and Regular Monarchy of the Nation was swell'd into an Arbitrary and Despotic Power So that all the Franchises and Rights which by Original Contracts and Subsequent Laws were reserved unto the People were either overthrown or precariously enjoy'd No wonder then it was that as well the Scots and the English sought for speedy Redress and to be freed as well from Spiritual Bondage as Temporal Slavery Which at length they obtained by the auspicious Conduct and Generous Advance of his Present Majesty to their Relief A Story certainly that cannot be otherwise then most grateful to Posterity as being accompanied with such Variety of circumstances such unparallel'd Success and the General Advantage of all Europe It was no easie Thing to reduce into Order a Chaos of Government so dismally mangled and confus'd which being so great a Work and brought to so much Perfection in so short a Time as it shews the Extraordinary Zeal and Prudence of the Artificers so did it no less magnifie the Influences that govern'd and directed all their Actions Insomuch that it may be said of the Most Illustrious King WILLIAM what Suetonius says of the Famous and Best of the Roman Emperours Vespasian Rebellione Trium Principum et caede incertum et quari vagum Imperium suscepit firmavitque Gens Nassovia Popery and Idolatry now droop and the Protestant Religion enjoys a general Freedom under a truly Protestant Defender Vnder whose Auspicious Government soon might these two Nations be happy had we not so many Disturbers of Israel amongst us though it was not well known what they repined and grumbled at till this late detection of complicated Conspiracy for the Restoration of Popery and Tyranny In short there has already an accompt been given of our deliverance in England This is a Prospect of the same Deliverance in Scotland the one no less conducible to be known then the Other especially to those who are desirous to observe the Coherences and Concatenations of Providence I will not say it is a structure embellished with the flourishes of Eloquence as being only designed for plainness and exactness wherein I may he bold to say that diligence has been observed as to compile it in the best manner and method that the Truth of Collection could any way claim as due to it And being laid upon so solid a foundation however it fares of it self it may serve to give Light to politer Pens when they shall be at leisure to be more accurate Though there is no question to be made but that many will be as willing to see the naked Rasters of a History as to view the covered Frame though Japanned over never so curiously The History of the Affairs and late Revolution in Scotland from the Year 1660. to this present Year 1690. WHEN Charles II. was restored in the Year 1660. to his ancient Dominions from which he had been for some time kept out by the Civil Wars the Joy was no less cordial and universal in Scotland then in England And it may be said the extraordinary favour of Heaven did so second the Constancy of the Scottish Nation 's Love to a Prince so long wish'd for that their great Persuasions of his singular Endowments without regard to the wary Cautions of scrupulous Prudence were the only measures of their Concessions They established his Prerogative to be absolute and uncontroulable in the choice of all Officers of State Counsellors and Judges and in and over all matters of Peace War Leagues Conventions and Parliaments with a distinct Exclusion of all Exceptions They added to his Revenue above double of what he formerly possessed They declared his ordering and disposal of Trade with Foreign Nations and the laying Restraints and Impositions upon Foreign Imported Commodities to belong to his Majesty and his Successors as an undoubted Prerogative of the Crown And that it might appear that they placed the Security of all their Interests more in the confidence of His Majesties Goodness than on the firmest provision of their best Laws tho' the Parliament in 1641. was held by King Charles I. then present in person and many Acts were there pass'd and subscribed by him for the setling their Religion and Liberties with all the Authority of Judgment that long and well-weigh'd Experience could furnish yet because their Luster seemed to be somewhat eclipsed by the harsh remembrance of some previous Contentions wherein it was their misfortune to have His Majesty differing from them at one blow they annull'd that Parliament and without any other reason
always affectionate to the Royal Family and govern'd for many Ages by Laws made by the Authority of their Kings and of the Estates of Parliament and by common Customs is reduced to by endeavours that have been used to change the Constitution of the Monarchy Regulate by Laws into a a Despotick and Arbitrary Power which doth evidently appear not only by the actings of Evil Counsellors in Power but by the deliberate and express publick Declarations bearing that the King is an Absolute Monarch to whom Obedience ought to be given in all things without reserve thereby to make way to introduce what Religion they please without so much as the necessity of the Consent of the Nation by their Estates in Parliament Whilst We consider and ponder these things as We cannot but be touched with a tender Sense of those Miseries so the giving such Remedy to them as may be proper and may answer the expectation of all good Men and true Protestants is the great thing which We propose to our selves in this undertaking the Equity whereof will be justified to the World if what hath been acted at the instigation of those Evil Counsellors be further impartially weighed It is well known that the Laws Priviledges and Rights of the Kingdom have been overturned to the great prejudice of King and People whilst thus all Foundation of Confidence and Trust is removed And it is no less known what have been the arbitrary Procedures of an incroaching Privy Council for although by the Laws enacted by the Authority of King and Parliament it is expresly prohibited that the Popish Religion should be professed or Seminary Priests suffer'd within the Kingdom or that the Children of any Noblemen or Gentlemen should be sent'abroad to be Educated in Popish Colleges yet have these Evil Counsellors order'd or suffered young Noblemen to be taken from their Relations and to be sent abroad to be instructed in Jesuits Colleges and have likewise caused Schools to be erected under the conduct of Popish Priests and that in the Capital City of the Kingdom In an open contempt also of the known Laws of the Kingdom Papists are put into Places of highest Trust both Civil and Military and entrusted with all the Forts and Magazines The Rights and Privileges of the Royal Boroughs the third Estate of Parliament having as many Deputies in it as all the Shires in the Kingdom are taken away and they hindred in the free Election of their Magistrates and Town-Councils to the manifest Violation of their Charters Established by Law and immemorial Possession And all this is done by meer Arbitrary Power without any Citation Trial or Sentence And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice upon which Mens Lives and Liberties their Honours and Estates depend yet those Evil Counsellors have subjected these to an Arbitrary and Despotick Power having turned out Judges who by Law ought to continue during their Life or their good Behaviour because they would not conform themselves to their Intentions and put others in their Places who they believe would be more compliant and that without any regard to their Abilities by which it evidently appears that those Evil Counsellors design to render themselves the absolute Masters of the Lives Honors and Estates of the Subjects without being restrained by any Rule or Law By the influence of the same Evil Counsellors hath a most exorbitant Power been exercised in imposing Bonds and Oaths upon whole Shires without any Law or Act of Parliament in permitting Free Quarters to the Soldiers although they had a sufficient Establishment for their Pay whereby the Kingdom was doubly burthened without any redress in Imprisoning Gentlemen without any so much as alledged Reason forcing many to accuse and witness against themselves imposing arbitrary Fines frighting and harassing many parts of the Country with Intercommoning and Justice-Aires making some incur the forfeiture of Life and Fortune for the most general and harmless Converse even with their nearest Relations outlawed And thus bringing a Consternation upon a great part of the Kingdom which when Outlawries and Intercommonings went out against multitudes upon the slenderest pretexts was involved so Vniversally in that danger that those Counsellors themselves were so obnoxious as to find it necessary to have Pardons and Indemnities whilst the poor People were left to mercy impowring Officers and Soldiers to act upon the Subjects living in quiet and full peace the greatest Barbarities in destroying them by Hanging Shooting and Drowning them without any form of Law or respect to Age or Sex not giving some of them time to pray to God for mercy and this for no other reason because they would not answer or satisfie them in such Questions as they proposed to them without any Warrant of Law and against the common Interest of Mankind which frees all Men from being obliged to discover their secret thoughts Besides a great many other Violences and Oppressions to which that poor Nation hath been exposed without any hope of having an end put to them or to have relief from them And that the Arbitrary and Illegal Proceedings of those Evil Counsellors might be justified and supported such a Declaration hath been procured by them as strikes at the Root of the Government and overturns the most sacred Rights of it in making all Parliaments unnecessary and taking away all Defences of Religion Liberty and Property by an assumed and asserted Absolute Power to which Obedience is required without reserve which every good Christian is perswaded to be due to God Almighty alone all whose Commandments are always just and good These Evil Counsellors have used their utmost endeavours to abolish the Penal Laws excluding all who are Protestants from publick Trust which give too great a Check to their Designs For the accomplishing of this a Liberty hath been granted to Dissenters but such an one as that the continuance thereof is plainly insinuated to depend upon their hearty concurrence for Abolishing the above-mentioned Penal Laws the only Legal Defence of their Religion although the Dissenters have just cause of Distrust when they call to mind how some hundreds of their Ministers were driven out of their Churches without either Accusation or Citation The filling of many whole places with Ignorant and Scandalous Persons hath been one great occasion of all those Miseries which that Country for a long time hath groaned under And Dissenters have but small ground to rest on any present ease founded upon a Proclamation which may be recalled every hour and which in the first and second Editions of it gave no relief to them especially considering that not many Months before the greatest of the forementioned Severities and Barbarities had been exercised upon them But to crown all there are great and violent presumptions inducing us to believe that those Evil Counsellors in order to the carrying on of their ill Designs and to the gaining to themselves the more time for the
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
Jurisdiction given to Bishops The 1. Act of 21. Parl. of K. J. 6. concerning the Ratification of the Acts of the Assembly at Glasgow Anno 1610. and the 1. and 2. Acts of the 22. Parl. of K. J. 6. Anno 1617. concerning the Archbishops and Restitution of Chapters and the 1. Act of the 23. Parl. of K. J. 6. An. 1621. about the Ratification of the Articles of the assembly of Perth And all Acts and Constitutions whatever prejudicial to the Church-Government by General Provincial and Presbyterial Assemblies and Kirk-Sessions or so far as they are in favour of Archbishops Bishops Abbots Priors or other Prelates whatever c. or in favor of the civil places and power of Church-men their ruling and voting in Parliament c. by vertue of their Titles or any other pretence whatever c. And all other Acts inconsistent with this present Act. Concluding with an appointment of the Time and Places for the first meeting of the Presbyterial Assemblies and empowring them to choose their Moderator with orders to give him the Oath of Allegiance and to return the Oath taken and subscrib'd to the Clerks of the Privy Council The Act presented by the Lord Cardross was the same for the settling the Church Government by General Assembles Presbyters and Provincial Synods but made no mention of rescinding the many Acts mention'd in the Lord Commissioners draught It was the same for restoring the deprived Ministers but differed in the addition of Clauses for sentencing and depriving all that gave not Obedience to the Act against the owning the late King It also made void all Patronages and Presentations to Churches an Intolerable servitude upon the Church of God with all Laws made in favour of them and particularly the 9th Act of the 1. Parl. of Charles the Second Nevertheless that the Tithes of the said Churches whereof the Patronages were abolished should belong to the Patrons and be inserted in their Infeoffments in lieu of the said Patronages with the burden always of the Ministers Right and Stipend There was also another Clause for suspending all Ministers called Conform Ministers who entered by and still continued under the Prelacy from the Exercise of any part of the Presbyterian Government only that they might continue to exercise their Pastoral Charge within their respective Parishes and hold their Kirk-Sessions for Discipline therein till farther order Declaring in the last place that their Majesties and the Estates would with all conveniency take the advice of such Ministers as were known to be of the Presbyterian Perswasion and by their advice lay down such methods as should be judged most effectual for purging the Church of all Scandalous Erroneous insufficient and disaffected persons and providing for the particular Churches with able and well qualified Ministers and establishing the Exercise of the Presbyterian Government according to the true intent of the Act. While the settling the Church Goverment was thus in debate an Address presented from the Presbyterian Ministers and Professors to the Kings Commissioner was by him given into 〈◊〉 House and there read upon the 〈◊〉 of July Wherein after they had made all due acknowledgements to God and his Majesty for their wonderful and unexpected deliverance from the Great Oppressions which they had suffer'd under the Cruelty and Ambition of the Prelacy of that Kingdom they humbly beseech the Commissioner and the Estates of Parliament seeing the King had declared and their Lordships with him had zealously appeared for the Protestant Religion That they would be graciously pleased by their Civil Sanction to establish and ratifie the late Confession of Faith with the larger and shorter Catechisms which contained the Substance of the Doctrine of the reformed Churches the directory of Worship and Presbyterial Church Government all agreeable to the Word of God and formerly received by the General Consent of the Nation And in regard that Prelacy and all who had entered under Prelacy had been imposed upon the Church without her Consent in any of her free General Assemblies and that Presbyterian Government could not be safe in the hands of those who were of contrary Principles therefore they humbly petitioned that the Church Government might be established in the hands of such only who by their former carriage and sufferings were known to be sound Presbyterians and well affected to His Majesties Government and that those Ministers yet alive who were thrust from their Churches might be restored They also pray that they might be allowed by Civil Sanction to appoint Visitations for the purging out of insufficient and scandalous Ministers and that Patronages which had their Rise from the most corrupt and latter times of Christianism might be abolished and the Church establish'd upon its former good foundations confirmed by many acts of Parliament 1560. And that all Acts ratifying Ceremonies and imposing Punishments upon Presbyterians for Non-conformity might be abolish'd and lastly that their Lordships would take care that learned sound and Godly men might be put into the Universities and Seminaries of Learning humbly submitting to their Lordships wisdom the method of considering and effectuating these their desires But neither did either of the two draughts please neither could the farther consideration of the Address be at that time entered upon For the House had made an order the day before by reason of a Letter from the King to the Privy Council and a Proclamation thereupon by them issued forth for opening the Signet not to proceed any farther in the affair of Church Government till the Letter and Proclamation were considered that in the mean time there should be a stopt put to the opening of the Signet Only they were so farr willing to gratifie the Addressers that they Voted and approved an Act for restoring Presbyterian Ministers to their Churches which was presented by Sir William Hamilton To this effect That whereas in pursuance of the Claim of Right Prelacy c. was abolished and that many Ministers of the Presbyterian perswasion since the first of January 1661. had been deprived of their Churches or banished for not Conforming Therefore their Majesties with advice of the Estates ordained that those Ministers should forthwith have free access to their Churches and exercise the Ministry in those Parishes without any new call thereto and enjoy the benefits and stipends thereto belonging with som reserve to the incumbent of the last years rent as if the Churches were not vacant But then the business of the Lords of the Sessions coming on the Question was put Whither the Nomination of the Lords of the Sessions made by His Majesty in case of a Total vacancy required the Authority of Parliament And whither it were requisite by the consitution of the Colledge of Justice that the President of the Session should be Elected by the Lords of the Session These two Points occasioned a long debate at the end of which the draught of an Act was brought in declaring the methods of naming and admitting the
or distinction rescinded all its Proceedings Lastly to testifie their unparallel'd Submission and Resignation to the King's Pleasure and how that according to the usual Flattery of those times all that was dearest to them was to him surrendred although the Nation since its first restoration from Popery had in a manner continually oppos'd Prelacy and after having ejected it with the most rigid Exclusions had for many years enjoyed a Church Constitution and Ministry which at last was highly commendable for the advancing of true Knowledge and Piety and in the worst of Times appeared the fairest Bulwark of Monarchy yet out of compliance to the King's Will the Parliament consented and the People silently acquiesced in the unexpected overthrow of Presbytery and the re-establishment of Prelacy not that the consequences of the Alteration which afterward ensu'd were unforeseen but in short because that to a King so acceptable to them and to whom they had already given all things they could refuse nothing This was the Posture of Affairs in Scotland soon after the Restauration of Charles II. at what time the Earl of M. was the first who was honoured with the King's Commission wherein he bestirred himself with extraordinary vigour but over-hastning as the Cause is given and over-prizing his Work he render'd himself at length obnoxious so that upon the mutual Jealousies between the Duke tho then but Earl of L. whom he caus'd to be sentenc'd uncapable of publick Trust L. got the Advantage and managing it personally at Court by a crafty insinuation of the Earl of M's Disdain of his unworthy Practices which perhaps at that time were thought good Services at Court in a short time prevailed to M's Overthrow and shaping a course less obnoxious to Envy obtain'd his Commission to be given to the Earl of Rothes whom L. accompanied from Court into Scotland in order to concluding the Parliament then sitting In the last Sessions of which Parliament it was that by L's Industry an humble Tender was made of Twenty Thousand Foot and Two Thousand Horse to be in readiness as they should be call'd for by the King to march to any part of his Dominions of England Scotland or Ireland for the suppressing of any Foreign Invasion Intestin Trouble or Insurrection or for any other Service wherein the King's Honour Authority or Greatness might be concern'd which though it were look'd upon as too superfluous in the Expression and too suspitious in the Distinctions yet such was the Style and Humour of those times as easily shrowded it from particular notice But what L. who was the chief Contriver of it intended by it succeeding time sufficiently discover'd For now the Parliament being Dissolv'd the new-erected Bishops finding themselves so numerously guarded and Authoriz'd by the Laws so lately made drave on like Jehu's during the years 64 65 and 66. inforcing Conformity at such a rate that in all probability had not the Earl of Twedale and Sir Robert Murray stept in for the Relief of the oppressed Dissenters the whole Kingdom might have been reduced to great extremities through the Tumults excited and Tragedies acted in those years In the year 1669. L. himself was made the King's Commissioner a Grandeur which he had long aim'd at from the Date of which Commission the Scots are said to calculate the date of all the ensuing mischiefs that caus'd the same Revolution in that Kingdom as in England For having undertaken to make the King's Power Absolute and Arbitrary in Scotland he strain'd the Royal Prerogative to all the Excesses imaginable Coming therefore into Scotland he assum'd to himself a lawless Administration of Affairs which no doubt was readily granted him to exercise upon the large Promises he had made and apprehending more the controul of other Men's Officious medling then distrusting his own Abilities he took particular care and caution to make himself his Majesties Sole Informer as well as his Sole Secretary and by that means not only upon pretence of the King's Prerogative the Affairs of Scotland were dispos'd of in the Court of England without any notice taken of the King's Council in Scotland but strict Observation was also made of all Scottishmen that came to the English Court and to attempt an Addsess or Access to his Majesty otherwise then by L's means was to hazard his perpetual Resentment By these ways he made himself the only significant person of the whole Scottish Nation and in Scotland it self procured to himself that Sovereign Authority as to name the Privy Counsellors to place and remove the Lords of the Session and Exchequer to grant Gifts and Pensions to levy and disband Armies to appoint General Officers and to transact all matters of Importance as he thought good to advise and direct Nor was he less industrious in minding his own Business which was to inrich Himself his Kindred and Favorites and where the Law gave any stop the Kings Prerogative made way In all which as there is a necessity to make use of Force and Violence to which Law must of necessity yield those breaches of the Law were attended with most violent Oppressions of the People Monopolies and Rapes upon their Priviledges and other dreadful Miseries the Concomitants of Tyrannic Rule which occasioning loud Complaints without redress drive the Oppressed to Insurrection and Rebellion many times wish'd for by some Tyrants that they may have an opportunity to destroy Insomuch that the Rebellion which was quell'd at Bothwel-Bridge was deem'd to be a piece of L's Matchiavilianism having by his cruel Oppressions of those People drawn them to seek their own Redress to the end they might be ruin'd by their ill Success which the severity of their Persecution after the Defeat sufficiently justified In short The chiefest and most deserving Glories of L's Administration as they were represented to the King were Ignorant and insufficient Judges for the most part a light and base Coyn imposed upon the Nation Gifts of Wards and Marriages General Gifts of the Pains of Penal Statutes the Accumulation of Great Offices upon single Persons and those of no Merit Gifts of the Reversions of Offices Invasions upon Liberty and Property by the procuring of private Letters unnecessary long and frequent Adjournments of Parliament mismanagement and profusion of the Revenue and the excessive greatness of a State-Minister to the exclusion of all others from free Application to the King by some of which he did the Kings by others his own and his Friends Business tho the People suffered all this while But that which L. most valu'd himself upon was his obtaining a Confirmation of the Kings Supremacy over all Persons and in all Causes within the Kingdom of Scotland and by vertue of that Act the ordering of the External Government and Policy of the Church as properly belonging to him and his Successors and the procuring a new Act of Militia ordaining that all Persons that should be therein enroll'd should be particularly reserv'd for that Employment and
one time to be sold as Slaves in Virginy for no other Crime but their being apprehended at Conventicles and the ordering a Vessel at another time to be sunk in the Sea to the drowning of above fifty Persons against whom there was no other charge but their Integrity to God and the Protestant Religion were among others sufficient Instances of Arbitrary Tyranny enough to provoke an utter detestation of the Authors of the farther Miseries and Depopulations intended against those that remained It would be too tedious to make a Collection of the Violences and Oppressions of those Times and therefore let the following Epitome suffice to shew the wicked ways by which Popery and Tyranny labour to establish themselves For during those Years which were the severest Years of Arbritrary Power that ever Scotland felt tho Informing were a Trade then more encourag'd then in the Reign of Tyberius yet Multitudes were arraign'd without Informer or Accuser and whosoever appear'd not upon Citation were treated as Criminals Many of all Ranks were seiz'd and detain'd Months and Years without any signification of the cause of their Imprisonment However if the least shadow could be found to prosecute such as mislik'd their Arbitrary Courses the ruling Grandees precipitated their Process not allowing them time or means to vindicate their Innocency Inquisiitors were sent to all the Prisons and Citizens Houses to examine whom they pleas'd upon the most intricate Questions of Church and State-Government and if they refus'd to answer or gave dissatisfactory Answers it was enough for the foundation of an Indictment Others being seiz'd in the Crowd at Executions and some while they were visiting the Imprison'd were condemn'd and executed for refusing to justifie the severities of the grand Movers and disowning their Dagon of Non-resistance Spies were frequently sent to Prisons Cities and Countries who by dissembling their dissatisfaction at the Exorbitances of the Government drew forth Words from the most wary and so became fit Witnesses to take away their Lives The Judges themselves were active to suborn Witnesses against the Lives Estates and Honours of Worthy Peers and Patriots and often made use of Jurors and evidence that could not purge themselves of Prejudice and Partiality Many were indicted try'd condemn'd and executed all in one day and when intercession has been made for some time to prepare for Death the Answer was They should have no time to prepare for Heaven for that Hell was too good for them Some they hang'd early in the Morning to prevent the Peoples observation of their Cruelty and many times Drums were ordered to be beat about the Scaffold lest the Spectators should hear the dying Words of those that suffer'd Some were twice sentenc'd first to have their Ears cut off and then re-examin'd and sentenc'd to death I omit their imposing of Illegal Oaths and packing of Juries But what could be more perfidious then when some People had made a Candid Confession upon security of the publick Faith the Kings Honour and the Act and Oath of the Council that such their Confession should not prejudice them yet afterwards to bring the same Confession and give it in upon Oath against them Lastly Finding that Forms of Law and Tryals were too slow and troublesome to bring about their Popish Designs which required more hast and perceiving likewise that publick Executions tended but the more to confirm and multiply the Lovers of Religion and Liberty rather then to diminish and deter the D. and his Council found out a more compendious way of sending out their Souldiers who were empowr'd to challenge and examine whom they pleas'd and to tender them Oaths which were requir'd by no Law and to punish such by present Death who refus'd to swear or refus'd to answer their insnaring Questions which Bloody Commissions were so faithfully executed that within a few Weeks above fifty Persons were murder'd after this manner without Tryal or Conviction No wonder then seeing that by such Oppressions as these the Ancient Laws and Liberties of the Kingdom were not only invaded but an open attempt made for their utter subversion that a People exasperated by exorbitant Oppression and depriv'd the exercise of their belov'd Religion took those Methods which they thought might prove most successful to deliver them not only from bodily Bondage but the Thraldom of their Consciences Understanding therefore which course the Nobility and Gentry of England steer'd they thought it their best way to lay hold of the Opportunity and follow the same To which purpose as many of the Nobility and Gentry of Scotland attended His Highness the Prince of Orange in his Expedition for England so there were others that met him at London in order to make their Addresses to him according to the Pattern of the English And now the People in Scotland perceiving or at least full of hopes that their Deliverance was at hand as in all suddain Revolutions before there can be a settlement of those Disorders occasion'd by the causes of the Revolution the same Accidents fell out in Edinborough as happen'd in London It being the custom of the common Sort in those Interstitiums of Regular Rule to assume to themselves a kind of Carnival Liberty to indulge their two Passions of Joy and Revenge in the General Confusion which is the Rabbles Holiday Thus as in England no sooner had King James's Steers-men forsook the Helm of Government for fear of perishing in the Storm but the Mobile in Edinborough enter'd upon the Stage But the stress of their Fury fell upon the Pope and the Papists which was not a little incens'd by the Students of Edinborough College who mixing themselves with the Rabble to fortifie their Power notwithstanding all the care that was taken to prevent it effected their Design To which purpose an Effigies of the Pope being ready prepar'd was brought to the Market Cross of the City so soon as Day-light was shut in and blown up in the Air above four Stories high which made many believe that riper Heads then those of Boys were concern'd in the Action many People being pleas'd with the counterseit show of what they could wish were done in reality Two days after as if they had be-thought themselves that they had not done legally to burn the Pope before due conviction they went to the Parliament House crying out No Papist No Papist as they passt by the Guard and getting into the House the chief of the Multitude taking their places to retrieve and justifie their mistake they arraign'd his Holiness before his Judges and gave him in charge to a Jury who brought him in Guilty upon which he was sentenc'd to be burnt and so the over-sight being made good they declared for a Free Parliament Nor did these Tumults cease for many days among the Boys who at another time got up to the Market Cross proclaim'd a Free Parliament and offer'd two thousand pounds for Melfords Head And then it was that upo the 25th of
from His Majesty of England Upon which a Debate arose about the reading of the Letters at what time the Earl of Lothian mov'd That since they were met at the Desire of his Majesty of England they ought to give his Letter the Precedence which being put to the Vote was carried in the affirmative and the King of England 's Letter was read the Contents of which were as follow The Direction was To the Meeting of the Estates of Scotland My Lords and Gentlemen WE are very sensible of the Kindness and Concern which your Nation has evidenced toward Vs and Our Vndertaking for the preservation of your Religion and Liberty which were in such imminent Danger Neither can we in the least doubt of your Considence in Vs after having seen how far so many of your Nobility and Gentry have own'd our Declaration countenancing and concurring with us in our Endeavours and desiring Vs that We would take upon us the Administration of Affairs Civil and Military and to call a Meeting of the Estates for securing the Protestant Religion and the Ancient Laws and Liberties of that Kingdom which accordingly we have done Now it lies on You to enter upon such Consultations as are most probable to settle You on sure and lasting foundations which We hope you will set about with all convenient speed with regard to the publick Good and to the General Interest and Inclinations of the People that after so much Trouble and great Suffering they may live happily and in Peace and that you may lay aside all Animosities and Factions that may impede so good a Work We were glad to find that so many of the Nobility and Gentry when here in London were so much inclin'd to a Vnion of both Kingdoms and that they did look upon it as one of the best means for procuring the Happiness of both Nations and settling of a lasting Peace among them which would be advantagious to Both they living in the same Island having the same Language and the same common Interest of Religion and Liberty especially at this Juncture when the Enemies of both are so restless endeavouring to make and increase Jealousies and Divisions which they will be ready to improve to their own Advantage and the Ruin of Britain We being of the same Opinion as to the usefulness of this Vnion and having nothing so much before our Eyes as the Glory of God Establishing the Reformed Religion and the Peace and Happiness of these Nations are resolv'd to use Our Vtmost Endeavours in advancing every thing that may conduce to the effectuating the same So we hid you Heartily Farwell From our Court at Hampton the seventh day of March 1689. His Majesties Letter being thus read the next debate was whither the late King James 's Letter should be read or no. And here to remove all Heats and disputes the Lord Lothian again stept up and propounded an Expedient to which the House agreed That is to say that before the reading of it they should pass an Act which should be subscribed by all the Members That For as much as there was a Letter from King James the Seventh presented to the Meeting of the Estates That they before the Opening thereof declar'd and Enacted That notwithstanding of any thing that might be contain'd in that Letter for dissolving them or impeding their Procedure yet that they were a Free and Lawful Meeting of the Estates and would continue undissolved until they had settled and secur'd the Protestant Religion the Government Laws and Liberties of the Kingdom This Act was sign'd by the whole Meeting except only six or seven and then the following Letter was opened and read overwritten James Rex My Lords and Gentlemen WHereas we have been inform'd that You the Peers and Representatives of the Shires and Boroughs of that our Ancient Kingdom who are to meet together at our good Town of Edinborough some time in this Instant March by the Usurp't Authority of the Prince of Orange We think fit to let you know That we have at all times rely'd upon the Faithfulness and Affection of You our Ancient People so much that in our greatest Misfortunes heretofore we had recourse to your Assistance and that with good success to our Affairs So now again we require of you to support our Royal Interest expecting from you what becomes Loyal and Faithful Subjects Generous and Honest Men that will neither suffer your selves to be cajol'd nor frighted into any Action misbecoming true-hearted Scotchmen And that to support the Honour of the Nation you will contemn the base Example of Disloyal Men and Eternize your names by a Loyalty sutable to the many Professions you have made to us in doing whereof you will choose the safest part since thereby you will evite the danger you must needs undergo the Infamy and Disgrace you must bring upon your selves in this World and the Condemnation due to the Rebellious in the Next and you will likewise have the Opportunity to secure to your selves and your Posterity the gracious Promises which we have so oft made of securing your Religion Laws Properties and Rights which we are still resolved to perform as soon as it is possible for us to meet you safely in a Parliament of our Ancient Kingdom In the mean time fear not to declare for Us your Lawful Soveraign veraign who will not fail on our part to give you such speedy and powerful Assistance as shall not only enable you to defend your selves from any Foreign Attempt but put you in a Condition to assert our Right against our Enemies who have depressed the same by the blackest of Usurpations the most unjust as well as most unnatural of all Attempts which the Almighty God may for a time permit and let the Wicked prosper yet then must bring Confusion upon such Workers of Iniquity We farther let you know that we will pardon all such as shall return to their Duty before the last day of this Month Inclusive and that we will punish with the Rigor of our Lawes all such as shall stand out in Rebellion against Us or our Authority So not doubting that you will declare for us and suppress whatever may oppose our Interest and that you will send some of your number to us with an Accompt of your diligence and the Posture of our Affairs We bid you Heartily Farewell Given on Board the St. Michael March the First 1689. By His Majesties Command Melfort This Letter being directed to Persons at that time sitting who either lay under the Ignominy of his Attainders or had else severely otherwise suffered either themselves or their nearest Relations the dilacerating stripes of his Tyrannical severity could not so soon forget the anguish of their Sufferings as to be sugar'd up into a Reconciliation by the fair Promises of a Person that had lost the Reputation of being true to his Publick Word Besides that there was so little Majesty in the Style of the Letter
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
besought their Majesties in the presence of the persons by them sent to swear and sign the Oath at the same time presented which the Law had appointed to be taken by their Kings and Queens at their Entry to their Government till such time as the Great Affair should allow that kingdom the happiness of their presence in Order to Their Coronation That they were most sensible of His Majesties Kindness and Fatherly care in both his Kingdoms in promoting their Union which they hop'd had been preserv'd to be accomplish'd by him that as both Kingdoms were united in one Head and Soveraign so they might become one Body Politick one Nation to be represented in one Parliament And to testifie their Readiness to comply with the King in that matter they had nominated Commissioners to treat the Terms of one entire and perpetual Union betwixt the two Kingdoms with reservation to them of their Church Government as it should be establish'd at the Time of the Union Which Commissioners waited onely for His Majesties Approbation and Call to meet and treat with the Commissioners to be appointed for England at what time and place His Majesty should appoint And that if any difficulty should arise upon the Treaty they did on their part refer the determination thereof to His Majesty Moreover that they did assure themselves from His Majesties Prudence and Goodness of a happy conclusion to that Important Affair so that the same might be agreed to and ratified by His Majesty in the first Parliament That they did render likewise to His Majesty their most Dutiful thanks for his gracious Letter brought them by the Lord Râ—ss a Person well affected to his Service and for his Princely care in sending down those Troops which might in the mean time help to preserve them and when the season offer'd might be imploy'd toward the Recovery of Ireland from that deplorable Condition and extream danger to which the Protestants were expos'd Farther That as it was the Interest of England to contribute to secure Scotland from the Common danger so they should not be wanting on their parts to give their Assistance for the reducing of Ireland that all Their Majesties Kingdoms might flourish in Peace and Truth under the Auspicious Influence of their Happy Reigns The Letter of which this was the full substance being thus read the Instrument of Government or the Claim of Right together with the Paper of Grievances which the Estates desired might be redressed and which were afterwards added to the Instrument were presented to the King and being deliver'd back by his Majesty were read in Order by the Secretary Which Instrument of Government imported That whereas James the Seventh being a professed Papist did assume the Regal Power and act as a King without ever taking the Oath required by Law whereby every King at his Access to the Government was oblig'd to swear to maintain the Protestant Religion and to Rule the People according to the Laudable Laws and by the Advice of wicked Counsellors did invade the Fundamental Constitutions of the Kingdom of Scotland and alter'd it from a Legal limited Monarchy to an Arbitrary and Despotick Power and in a publick Proclamation asserted an Absolute power to annul and disable all Laws particularly by arraigning the Laws establishing the Protestant Religion and exerted that Power to the subversion of the Protestant Religion and to the Violation of the Laws and Liberties of the Kingdom By erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also converting Protestant Chappels and Churches to Publick Mass-Houses contrary to the express Law against saying and hearing of Mass By allowing Popish books to be printed and disâ—â—â—sed by a Patent to a Popish Printer designing him Printer to his Majesties Houshold Colledge and Chappel contrary to Law By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists and bestowing Pensions on Priests to pervert Protestants from their Religion by offers of Places and Preferments By disarming Protestants while at the same time he employ'd Papists in Places of greatest Trust both Civil and Military c. and intrusting the Forts and Magazines in their Hands By Imposing Oaths contrary to Law By exacting Money without consent of Parliament or Convention of Estates By Levying and keeping up a standing Army in time of Peace without consent of Parliament and maintaining them upon Free Quarter By employing the Officers of the Army as Judges throughout the Kingdom by whom the Subjects were put to death without Legal Trial Jury or Record By imposing â—â—orbitant Fines to the value of the parties Estates exacting extravagant Bail and disposing Fines and Forfeitures before any Process or Conviction By imprisoning Persons without expressing the Reason and delaying to bring them to Trial. By causing several persons to be prosecuted and their Estates to be forfeited upon stretches of old and forfeited Laws upon weak and frivolous pretences and upon lame and defective Proofs as particularly the late Earl of Argyle to the Scandal of the Justice of the Nation By subverting the Rights of the Royal Burroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to their Liberties and express Charters without any pretence of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament Besides that many of the Magistrates by him put in were Papists and the Burroughs were forc'd to pay Money for the Letters imposing those Illegal Magistrates upon them By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop sine die but also commanding them how to proceed in cases depending before them contrary to the express Laws and by changing the nature of the Judges Patents ad vitam or Culpam into Commission de bene placito to dispose them to a complyance to Arbitrary Courses and turning them out of their Offices if they refus'd to comply By granting personal Protections for Civil Debts contrary to Law All which were Miscarriages of King James utterly and directly contrary to the known Laws Freedoms and Statutes of the Realm of Scotland Upon which Grounds and Reasons the Estates of the Kingdom of Scotland did find and declare That King James the Seventh being a profest Papist did assume the Regal Power c. as at the beginning whereby he had forfeited the Right of the Crown and the Throne was become vacant Therefore in regard his Royal Highness then Prince of Orange since King of England whom it pleas'd God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power by advice of several Lords and Gentlemen of the Scotch Nation then at London did call the Estates of this Kingdom to meet upon the Fourteenth of March last in order to
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
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
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
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