the King had no mind to evade the desires of his People or to shift them off upon the Generality of their Desires But what they plainly desire He gives a distinct Instruction to it and when they point at any thing which they do not distinctly Express He remits the whole Affair to themselves and in this Case because there was no necessity of Adjusting Narratives but only to Rescind some Acts of that Parliament therefore the King doth not Require his Commissioner to Transmit the Proposals as in many other Articles but Authorizeth him to give the Royal Assent in this Matter and in the Settling of Church Government and in Redressing of Fines and restoring of Forfaultures which were the greatest Tokens of his Intire Confidence in the Parliament and that he did not Proceed Cautiously or narrowly with them Who could have expected such unsutable Returns that some Persons should press to proceed to Votes in Matters new not offered in their Grievances without Representing to His Majesty any thing of the Matter before they were previously engaged and put the King to the necessity of a Refusal as when His Majesty had opened the Signet by His Proclamation that Law and Justice might have its course that it should have been Countermanded and stopt by a Vote of Parliament which the World must have considered as the last Effects of the highest Jealousie and Difference to the Disreputation of His Affairs and the Endangering the Common Interest But that you may have a Snatch of the Acts of that Parliament and how far our Great Men did Outvey one another to Depress the Nation and Raise the Prerogative I have set down the Second Act of Parliament by which you will see that they have not rested in the Doctrine of Passive Obedience but for what I see we own Active Obedience without Reserve and yet I am told this Act passed with very few or no contrary Votes A Declaration and Offer of Duty by the Kingdom of Scotland with an Annexation of Excise to the Crown April 28 1685. THe Estates of Parliament now Conveened by His Majesties Soveraign Authority Taking into their Consideration how the Nation hath continued now upwards of 2000 years in the unaltered Form of our Monarchical Government and uninterrupted Line of 111 Kings whose Sacred Authority and Power hath been upon all Signal Occasions so Owned and Assisted by Almighty God that Our Kingdom hath been Protected from Conquest Our Possessions Defended from Strangers Our Civil Commotions brought into Wished Events Our Laws Vigorously Executed Our Properties Legally Fixed and Our Lives Securely Preserved so that We and Our Ancestors have Enjoyed those Securities and Tranquillities which the greater and more Flourishing Kingdoms have frequently wanted Those great Blessings We Owe in the first place to Divine Mercy and in Dependance on that to the Sacred Race of Our Glorious Kings and to the Solid Absolute Authority wherewith they were Invested by the First and Fundamental Laws of Our Monarchy Nor can either Our Records or Our Experience Instance Our being Deprived of those happy Effects But when a Rebellious Party did by Commotions and Seditions Invade the Kings Sacred Authority which was the Cause of Our Prosperity yet so far hath Our Primitive Constitution and Fundamental Laws Prevailed against the Innovations and Seditions of Turbulent Men as that these Interruptions never Terminated but either in the Ruine or at least the Suppression of those who at any time did Rebel or Rise in Opposition to Our Government And since so many Ages hath Assured to Us the great Advantages that flow down to all Ranks of People from the happy Constitution of Our Monarchy and that all Our Calamities hath ever arisen from Seditious Invasions upon these Sacred Rights Therefore the Estates of Parliament for Themselves and in Name of the whole Kingdom Judge Themselves Obliged to Declare and They Do Declare to the World That they Abhor and Detest not only the Authors and Actors of all preceeding Rebellions against the Soveraign but likewise all Principles and Positions which are Contrary or Derogatory to the Kings Sacred Supream Absolute Power and Authority which none whether Persons or Collective Bodies can Participate of any manner of Way or upon any Pretext but in Dependance on Him and Commission from Him and as Their Duty formerly did Bind them to Own and Assert the Just and Legal Succession of the Sacred Line as Unalterable by any Humane Jurisdiction so now they Hold Themselves on this Occasion Obliged for Themselves and the whole Nation Represented by Them in most Humble and Dutiful Manner to Renew the Hearty and Sincere Offer of their Lives and Fortunes to Assist Support Defend and Maintain King James the 7th their present Glorious Monarch and his Heirs and Lawful Successors in the Possessions of Their Crowns Soveraignty Prerogatives Authority Dignity Rights and Possessions against all Mortals And withall to Assure all His Enemies who shall Adventure on the Disloyalty of Disobeying His Laws or on the Impiety of Invading His Rights that such shall sooner be weary of their Wickedness than they of their Duty and they firmly Resolve to give their intire Obedience to His Majesty without Reserve and to Concur against all His Enemies Foreign or Intestine and they solemnly Declare that as they are bound by Law so they are voluntarly and firmly Resolved that all of this Nation betwixt Sixty and Sixteen Armed and Provided according to their Abilities shall be in Readiness for His Majesties Service where and as oft as it shall be His Royal Pleasure to Require them And since the Excise of In-land and Foreign Commodities Granted to King Charles II. of ever blessed Memory by the 14th Act of the Parliament 1661 during all the days of his Life-time and Prorogat by the 8th Act of the Parliament 1681 for five years thereafter will shortly Terminate And the Estates of Parliament Considering the Usefulness of this Grant to support the Interest of the Crown Do as the first evidence of their Sincerity in the aforesaid Tender of their Duty humbly and unanimously offer to His most Sacred Majesty King James the VII their present Monarch and to his lawful Heirs and Successors in the Imperial Crown of Scotland The said Excise of In-land and and Foreign Commodities exprest in the said 14th Act of Parliament 1661 to be Collected in the manner Prescribed by the said 8th Act of the Parliament 1681. for ever And His Majesty and Estates of Parliament by the force of this Act have United Annexed and Incorporated and Unites Annexes and Incorporates the same to the Crown of this Realm to Remain therewith in Annexed Property in all time coming And in respect that the Alteration in the method of Collecting the In-land Excise from what it was by the Act 1661. to that prescribed by the 8th Act of the Parliament 1681. will require some time to establish it in Collection Therefore His Majesty with Consent of the Estates continues the Collection
Prescribed by the 14th Act of the Parliament 1661. for the said In-land Excise for six Months from the first of May next allenarly Art 12. Griev THat the Marriage of a King or Queen of this Realm to a Papist is dangerous to the Protestant Religion and ought to be provided against This is Answered by the Fourteenth Instruction Instruct 14. YOu are to pass an Act that the King or Queens of that Realm shall not marry with Papists under this Certification that a Popish Queen Consort or the Husband of a Soveraign Queen shall not be capable to enjoy the benefit or advantage of any Provisions which the Law provides or particular Contracts or Agreements may have secured to them This is a most just Grievance and at this Port much Mischief hath been Landed to these Nations and a great Danger to our Religion in general No Popish Princes do Marry with Protestants but all the Daughters of Popish Princes are assumed into the Throne of Protestant Kingdoms whereby the Royal Issue to sad experience may be poisened with Popish Principles from the Mother and her Priests which is unavoidable if a Papist can be a Queen If the Grievance had proposed any particular Remedy the King would not have refused His Consent who is above all Suspition in this Matter and therefore the King hath proposed in His Instruction to make a Law Disabling the King or Soveraign Queens of Scotland to Marry with Papists as to which at present they are under no Limitation by any former Law and for a further Penalty to deter all Papists to Marry with them it was to be declared That the Popish Husband of a Soveraign Queen or a Popish Queen Consort should be incapable to enjoy any Provision or Benefit either by Law or Paction during the Marriage or after its Dissolution and if the Parliament could fall upon any further Securities it would be worthy of their pains to fortifie this Passage yet further which is in so great probability to be Attack'd and hath so great opportunity to sink the Interest of these Nations and endanger the Protestant Religion thorow the World Article 13. Griev THat the levying or keeping on Foot a standing Army in time of Peace without Consent of Parliament is a Grievance This Thirteenth Article of the Grievances is Answered by the Nineteenth Instruction Instruct 19. YOu are to pass an Act against a standing Army in time of Peace but so as Guards Garisons and necessary Standing-Forces may be continued By this Instruction tho' the King hath the Power yet He is Content to pass a Law against a Standing-Army in time of Peace beyond His Guards Garisons and necessary Standing-Forces Article 14. Griev THat all Grievances relating to the Manner and Measure of the Leidges their Representation in Parliament be Considered and Redressed in the first Parliament This Fourteenth Article of the Grievance is Answered by the Fifteenth Instruction Instruct 15 YOu are to pass an Act that the greater Shires of that Kingdom such as Lanark Air Perth Fyfe Aberdeen and Mid-Lothian and others where it shall be found Convenient may send three or four Commissioners to Parliament that the Representation may be the more equal The Parliament of Scotland is a Feudal Representation of the whole Nation wherein every bit of Land within the Kingdom is represented The King as Leidg-Lord Jurâ—… Coronae is not only invested in the Kingdom and hath the Dominium directum as Superior as well as King of the whole but likewise has the particular Patrimony of the Crown and whatever falls to the King Jure privato by Succession Emption Excambion or any other Title and also what befalls to him by Confiscation or what is Caduciary or where the King Succeeds as Vltimus Haeres nam quod nullius est Regis est The great Barons or Lords they Sat in Parliament for their Lordships and Baronies whether they be Bishops or Temporal Lords And by the Ancient Custom of Scotland every Free-Holder that is to say not as in England he who is Seised of a Proportion of Lands belonging to Him in Property but he who Holds a parcel of Lands in Capite or immediately of the King is understood a Free or Noble-Holder in Scotland and because the Divisions or Multiplication of Baronies hath rendred many of the Free-Holders small so that their Attendance in Parliament was Chargeable and Burdensom to them and it was a Disparagement to the King 's great Court of Parliament that the Mean Free-holders should be Pares Curiae with the Nobility or Peers therefore the small Barons who do not hold an Hundred Merk Land of the King are allowed to send their Commissioners to the Parliament and the Barons of each Shire are allowed to send two or more Commissioners to the Parliament The Royal Burrows make up the Third Estate to the Parliament and each Royal Burrow doth send One Commissioner but Edinburgh which sendeth Two to Represent in Parliament the Lands given out by the King to their respective Burrows to be holden of him Burgage whereby unaquaeque Gleba every Bit of the Kingdom is represented in Parliament But the Number of the Lords being Increased at the King's pleasure they are now become as many as the Commissioners of Shires and Burrows if they were all present and it hath been the custom of our Kings to Erect Royal Burrows as they think fit the Shires always remaining the same The Commissioners for Shires who do represent the greatest part of the Property of the Nation they are not proportional in Number and they have made many Attempts that the Shires being unequal in Extent Value or Number of Inhabitants that therefore the great Shires might be allowed to send more Commissioners which is agreeable to the Act of Parliament to send two or more that the Representation in Parliament of the Nation might be the more equal This Design hath been always obstructed by the Lords or great Barons that they might have more Votes and Influence in the Parliament as also the Court hath considered the Barons as that part of the Parliament wich could be least pack'd or influenced being persons generally of the best Sense and Substance as being chosen by the rest of the Barons to represent them Therefore the Court hath never favoured this adjusting of the Representations having greater Influence upon the Royal Burrows who are weaker and upon the Noblemen who are generally more necessitous and so more easily brought over to the Sentiments and Designs of the Court But this King regarding Equity and Justice more than Power he hath consented that the Representation in Parliament be rendred as equal as can be and that the greater Shires shall have a greater Number of Representatives Article 15. Griev THat the Grievance of the Burrows be Considered and Redressed in the first Parliament This is Answered by the Sixteenth Instruction Instruct 16. YOu are to pass an Act Ratifying the Priviledges of the Burrows and Securing their
had been of so great importance why were they then forgot And if they be of less importance than the Grievance why do they make such a bustle to press in these points of less moment and stop these things which are of far greater consideration which were first Tabled by a representation from the States and granted by the Kings Instructions And its pretty odd to see men who make such a noise about the Authority of the Grievances that the King must satisfie them and yet when they please to bring in any little Overture it must take place and justle out the other 2. As to the Vote of Incapacities it is indeed a Vote incapacitating the King to imploy any person in his service but whom they please for the Terms are so lax and the Nation so universally invovled that there are few men of Business Fortune or parts but they may be reached and most part of the Addresses themselves as far as they are capable they are guilty but when a man turns upon that side the most abominable and monstrous faults are covered whereas trifles are mustered and magnified if a man be on the Kings side And I cannot forget the last Member of the incapacities that all who have obstructed the designs of the House after they came the length of Votes shall be incapable of Publick Trust though the Royal consent neither is nor I believe will perhaps ever be adhibited so they are no Laws but abortive Attempts which never had a precedent and it may be will never have a parallel 3. As to that Article concerning the Session I have already told you how it was thrown out by the Committee of the Estates I dare say to you upon my reputation that there is not one word in our Law giving the Parliament any power in Tryal or Admission of the Lords of Session I shall refer you to two short Acts in Anno 1661 the second and eleventh Acts of the first Session first Parliament K. Ch. 2d Where the King 's Right in this point is as clearly stated as can be exprest These Acts are as follows ACT and Acknowledgment of His Majesties Prerogative in the choise of His Officers of State Counsellors and Judges THE Estates of Parliament considering the great obligations that do ly upon them from the Law of God the Law of Nations the Municipal Laws of the Land and their Oaths of Allegiance to maintain and defend the Sovereign Power and Authority of the Kings Majesty and the sad consequences that do accompany any incroachments upon or diminutions thereof do therefore from their sence of duty declare that it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Realm to have the sole choice and appointment of the Officers of State and Privy Counsellors and nomination of the Lords of Session as in former times preceeding the year 1637. And that the Kings Sacred Majesty and his Heirs and Successors are for ever by vertue of that Royal Power which they hold from God Almighty over this Kingdom to enjoy and have the full exercise of that Right And therefore the Kings Majesty with Advice and Consent of his Estates of Parliament doth hereby rescind all Acts Statutes or Practices to the contrair Follows the acknowledgment of His Majesties Prerogative FOrasmuch as the Estates of Parliament of this Kingdom by their several Acts of the 11th and 25th of January last have from the sense of their humble duty and in recognizance of His Majesties just Right declared that it is an inherent priviledge of the Crown and an undoubted part of the Royal Prerogative of the Kings of this Kingdom to have the sole choice and appointment of the Officers of State Privy Counsellors and Lords of Session c. I shall only tell you that the Session is sitten down with as great satisfaction as ever it did and several of the most eminent Lawyers have accepted whose Practice was much better than their Sallaries and you must allow me to say since they must know the Law they are great fools if they be not safe And I am sure the greatest Lawers that did oppose this would have been content to have run the hazard of the Parliaments censure if they could but procured the Kings Commission and would have parted with the Club to the Boot when they had got their own Staik And as to that part of the Vote that the President should be chosen by the Lords this did not concern the Parliament since the Lords did not complain And the five last successive Presidents are named by the King in the same manner Besides my Lord Stairs is not made of new President but restored to an Office whereunto He had been formerly Admitted by the Lords conform to the Kings Declaration from which he was unjustly thrust out And withal the Lords did unanimously by a Vote acquiesce in His Majesties nomination and reponing the President and declared if the matter had been intire to themselves they would all and every one of them have chosen him so this dust has been very idly raised 4. I must again take notice of that grief they express for the want of that Church-government they themselves hindered to be established and the design of the Address is to Imprint in the apprehensions of the people that the King is slow or backward in that matter 5. As to the Apology for not giving Cess it is very pleasant they did not refuse it absolutely but till some things were first exped which might give them satisfaction that is to say they would give no Cess or Subsistence for the Kings Troops though they must quit the Countrey if he withdraw them till such time as the King shall renounce the remainder of his Soveraignty And I shall not say that he hath been prodigal of his Prerogative but I am sure he hath been so liberal of it that it might at this time have given contentment for once It is needless in this case to remember either the obligations we owe to our King or the necessity we have of his Protection but I shall offer two things to show the ingratitude and foolishness of refusing this Supply 1. The King hath expended above threescore thousand pounds upon his Troops in Scotland out of his own Pocket for our defence and in sending Arms Ordnance and Ammunition thither and if he should abandon us this Winter the best part of the Nation would be forced to leave the Countrey 2. By a standing Law the Parliament settled Eight Months Cess upon King James during his life time which we payed pleasantly for supporting that Government was it discretion to refuse the King four Months Cess which is but 24000 Pounds Sterling which he was willing to accept instead of demanding the Eight Months during King James's life And supposing that he had redeemed us from that Eight Months Cess as well as many other miseries was it grateful or just to
so much as a Vote in chusing these persons who were to Represent their particular Estates in the Articles And it being the King's Prerogative to name all the Bishops in effect the King had the sole Power or Influence to make the whole Articles 2o. Instead of a Preparatory Committee for Ordering all things that were to be brought to Parliament the Articles did assume a Power that what they once rejected could not be brought in to plain Parliament But yet by the express Act of Parliament foresaid the 1. Act Sess 3. Parl. 1. K. Charl. 2. The Articles is Constitute in the manner above-mentioned to be a perpetual Law in all time coming which was justly represented as a Grievance to the King but there is not the least mention of Officers of State though that point was spoken of and under Consideration in the Meeting by this Instruction the King did most Graciously and Fully Redress these Errors and Corruptions of the Articles by allowing every State to choose its own Representatives and Declaring that the Articles shall not have Power to Pre-limit the Parliament but that even these things that have been rejected in the Articles may be brought in in plain Parliament whereby the interest of the Estates are equal and intire and the Parliament can never be imposed upon nor precluded It might have been expected that so Gracious a Concession from the King and His parting with so important a Jewel should have satisfied every man that the King designed no Arbitrary Power and that He verified that Clause of His Letter to the Estates That he would never put His Greatness or the Advantage the Crown had got in the Ballance with the True Interest of the Nation Yet this Concession did not please but some men insisted That there should be no Articles or constant Committee at all having now taken up a prejudice against the Name as well as the Excess of the Thing though the Grievance calls it the Articles and mentions not one word against a constant Committee But now they would make an Inference from the Custom of England though the Constitution of the two Parliaments are totally different And next they did Object against the Officers of State though this was no Incroachment or Corruption but they were Members of the Articles in the most Ancient Constitutions And these last hundred and fifty years the Officers of State are named together in a Column by themselves as distinct supernumerary Persons for the Interest of the Crown and as the Officers of State are not mentioned in the Grievance so the meaning of the Articles cannot be extended to reach them for they being Supernumerary and for the King are not to be chosen nor can represent any State of the Parliament because they are Members of Parliament as Officers of State and are called and ranked though they be but Gentlemen before the Commissioners for Shires and Burrows It cannot but appear a great Extremity that whereas by the present standing Law the King hath the whole Power and Influence in making the Articles that in an instant He shall be reduced to have no Interest at all and whereas every Estate hath an equal share of Members in this Committee for preparing Things to the Parliament the King shall have none for Him and every Body knows what Advantage may be made in the Framing and Wording of an Act where the Matter may be plausible and it were hard that the first Notice or Advertisement the King or His Commissioner might have of a Law designed were to hear it Read and Voted in the House and so be put on a sudden to give His Consent or interpose His Negative after the Parliament has engaged themselves by a Vote this Rock Our Ancestors have alwaies shunned and there never was a Vote in the Parliament of Scotland before this time till the Matter was first subjected to the King's Consideration and that His Commissioner was previously Instructed or knew it to be agreeable to the King's Inclinations And there being a Law standing that all Matters to be determined in Parliament must be first brought into the Articles till that Law be Repealed at least these Votes which were pressed in the Address were both unnecessary and preposterous But the King was so far from taking any occasion of Displeasure that he did Conced a further step by an Additional Instruction Dated at Hampton-Court the Fourth day of July last which the Commissioner Read in Parliament WILLIAM R. Additional Instructions to Our Right Trusty and Right Entirely beloved Cousin and Councellor William Duke of Hamilton Our Commissioner 1. BY the Second Article of your Instructions Dated the Thirty One day of May last you was impower'd to pass an Act for regulating the Committee Called the Articles which were to consist of Twenty Four Persons besides the Officers of State Notwithstanding of which These are to Authorize you to pass an Act for them to consist of thirty three persons besides the Officers of State whereof Eleven to be chosen out of every Estate according to your former Instructions who are to prepare Matters as is therein expressed not excluding the Parliament to take Matters into their Consideration though it hath been rejected in the Committee nor to prevent their moving of any thing and regulating of 〈◊〉 to them and the said eleven out of every Estate to be chosen Monthly or oftner if the Parliament think it fit and all former Acts especially the first Act Char. 2. Sess 3. inconsistent with this are to be Rescinded 2. You are to pass what Acts shall be proposed for setling the Church-Government according to your former Instructions 3. You are to pass an Act Rescinding all Forfeitures past against any of Our Subjects either in Parliament or Criminal Court since the first day of January 1665. which shall be thought fit by the Parliament to be Rescinded Likewise you are to consent to what Our Parliament shall propose for Restitution to be made of Fines or Compositions for Fines or Forfeitures from those who had the Benefit of them and you are to Rescind such Acts as were made in the years 1681 and 1685 as are justly grievous Although the first of the above Instructions is not complyed with yet you are to move the other two and have them past before any Adjournment Given under Our Royal Hand and Signet at Our Court at Hampton-Court the Fourth day of July 1689. And of Our Reign the First Year By His Majesties Command Melvill The King did hereby Consent that the Articles should not be a constant Committee as they are now by Law but that the Estates might change their Representatives as oft as they please so that they could not be packed nor taken off by the Court and that each State instead of Eight might choose Eleven Members whereby the Officers of State could never over-rule or determine them The whole Number of the Officers of State extends only to Eight whereof the Lord
Secretary is ordinarily at Court and in this present Parliament the King had but one Officer of State But Concessions to persons that are not resolved to take satisfaction have never good effects This Overture was rejected and some persons must have all or nothing But all that are indifferent must be convinced that the King had fairly retrenched his Interest in the Parliament having not only consented to the Parliaments Abolishing of the Bishops but he was willing to have taken the Sting out of the Articles and secured the Nation for ever that the Articles could never be packt nor the Parliament imposed upon Article 2. Grievance That the first Act of Parliament 1669 is inconsistent with the Establishment of the Church-Government now desired and ought to be Abrogate This second Article of the Grievance is Answered by the Fourth Instruction thus Instruct 4. YOu are to pass an Act Establishing that Church-Government which is most agreeable to the Inclinations of the People Rescinding the Act of Parliament 1669 and all other Acts inconsistent therewith By the Instruction the King doth entirely Remit to the Parliament to Establish what kind of Church Government was most agreeable to their Inclinations as the Representative of the People without proposing Qualification or Limitation And because the Act of Parliament 1669 doth Recognize and Declare an extraordinary Power in the Kings of Scotland without Consent of Parliament in relation to Ecclesiastical Affairs whereby any Government of the Church Established by Act of Parliament might be changed by the King therefore the King Condescends to Rescind that Law and to pass from the Prerogative of the Crown as it is Established and Asserted by that Act whereof the Tenor follows ACT Asserting His Majesties Supremacy over all Persons and in all Causes Ecclesiastical November 16. 1669. THe Estates of Parliament having seriously Considered how necessary it is for the good and peace of the Church and State that His Majesties Power and Authority in relation to Matters and Persons Ecclesiastical be more clearly Asserted by an Act of Parliament Have therefore thought fit it be Enacted Asserted and Declared Iakeas His Majesty with Advice and Consent of His Estates of Parliament Doth hereby Enact Assert and Declare that His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom and that by vertue thereof the ordering and disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors as an Inherent Right to the Crown and that His Majesty and His Successors may Settle Enact and Emit such Constitutions Acts and Orders concerning the Administration of the External Government of the Church and the Persons employed in the same and concerning all Ecclesiastical Meetings and Matters to be Proposed and Determined therein as They in Their Royal Wisdom shall think fit Which Acts Orders and Constitutions being Recorded in the Books of Council and duly Published are to be Observed and Obeyed by all His Majesties Subjects any Law Act or Custom to the contrary notwithstanding Likeas His Majesty with Advice and Consent foresaid doth Rescind and Annul all Laws Acts and Clauses thereof and all Customs and Constitutions Civil or Ecclesiastick which are contrary to or inconsistent with His Majesties Supremacy as it is hereby Asserted and Declares the same Void and Null in all time coming Never did Law give a King such a Power nor ever did a King part with such a Law There was an Act brought in and Voted for Rescinding the Act of Supremacy it was not Touched which cannot be Imputed to the King there being an express Instruction for Rescinding that Act. Article 3. Grievance THat Forefaultures in prejudice of Vassals Creditors and Heirs of Entail are a great Grievance This Article is answered by the Sixth Instruction Instruction 6. YOu are to pass an Act that Forefaultures shall only be extended to what Interest the Rebel had and that innocent Vassals or lawful Creditors for Debts upon Record shall not be prejudged nor such Heirs of Entail whose Rights of Succession are established by publick Infeftment The Laws of Scotland in relation to Treason are very many and therefore Forefaultures there are too frequent the Feudal Laws and Customs takes place in Forefaultures and Treason being the greatest Ingratitude the Rebels Fee returns to the King in that same condition that it was Originally given out without the burden of his Debt or Regard to any Deed done by the Rebel after committing of the Crime or to any Deeds or Alienations made before the Crime which were not consented to or Confirmed by the Superior and rendred Real and Publick by Infeftment and not only Heirs of Entail are cut off from their hope of Succession for the Delinquency of the Fiar but the Rebels innocent Vassals who are not Confirmed by the Confiscation of the Dominium Directum which was in the Rebel the Dominium utile falls in consequence There have been so many sad instances of the severe effects of Forefaultures in Scotland to the Ruine of many Families who had no accession to the Treason that of late this single Concession would have been purchas'd by that Nation at the dearest rate but Courtiers and Ministers who had hopes to make advantage and procure Gifts of Forefaultures they have always resisted the good design of Restricting the prodigious effects of Forefaultures till now that the King hath resolved Never to consider his own Advantage and Greatness in opposition to the Interest and Ease of his Subjects He hath by this Instruction secured lawful Creditors whose Debts are not Collusive but upon Record and innocent Vassals though not Confirmed and likewise Heirs of Entail whose Rights of Succession are not Private and Clandestine and so might be antedated though they were truly made after or in prospect of Rebellion but where the Rights are nottour and publick which must be Recorded in that case even the Rebels Heirs are safe which is one of the most considerable and universal Favours which could be done to that Nation Article 4. Grievance THat the obliging the Leidges to Depone upon Crimes against Delinquents otherwise than when they are adduced in special Process as Witnesses is a great Grievance This Article is answered by the Tenth Instruction Instruction 10. WE are satisfied that an Act should be past for securing the Leidges against Inquiries by way of Inquisition but in respect of the present Juncture of Affairs this matter would be well Considered by the Parliament and therefore when the Terms of this Act shall be Adjusted you are to transmit the same to Vs that We may give you particular Instructions thereanent By the Custom of Scotland any Person might be examined summarily in relation to other persons against whom there was no Process depending and without confronting the Persons And albeit such Expiscations did not amount to a Pâ—…ation except these Depositions had been renewed in presence of the
Jury yet being taken upon Oath in absence of the Party concerned to suggest any thing for clearing of himself the private Informers became engaged to hold by what they had once Declared under the pain and disgrace of Perjury by this Instruction which is fuller than the Grievance His Majesty consents to secure His Subjects from such Inquisitions But in regard of the Machinations and Plots which may be necessary for the Government to be discover'd at this present Juncture therefore His Majesty doth Remit to the Parliament to Consider what is proper at this time that they might fall upon some Temporary Remeid as the Parliament of England had done in relation to the Habeas Corpus or Suspending the Commensment of this Law for some time Article 5. Grievance THat Assises of Error are a Grievance and that Juries be considered by Parliament This Article is answered by the Seventh Instruction Instruction 7. YOu are to pass an Act either to take away Assises of Error or otherwaies that they shall take place as well against the Jury that Condemns as against the Jury that AssoilÈies any Pannel By the Law and Custom of Scotland the Criminal Judge doth Cognosce and Determine the Relivancy of an Indictment and the Jury doth only Consider the Probation adduced and give their Verdict whether the Pannel be guilty or not guilty And this is a singular Custom in Scotland that when upon the Juries Verdict the Pannel or Party Accused is Absolved that Jury was liable to be Conveened before a Grand Jury and the persons might be found Guilty as Temere Jurantes super Assisam for acquitting the Criminal but in case they did Condemn the Jury was not liable to an Assise of Error This hath been introduced in the simplicity of ancient times when Juries were more prone to Mercy than Severity because it was presumed no Man would pass upon a Jury willingly to Condemn his Neighbour if he did thereby expose himself But in the latter times this has been found a great Inconveniency and Juries may be affrighted and impos'd upon to Condemn Persons because the King's Advocate may Protest for Assise of Error in case they acquit whereas they are secure if they Condemn and therefore the King hath consented that the Parliament make their own choice whether they will take away Assises of Error in all cases or if they will make Juries liable for Condemning as well as acquitting Pannels Article 6. Grievance THat the 18 Act of Parliament 1681. Declaring a Cumulative Jurisdiction is a Grievance This Sixth Article of the Grievance is answered by the Eighth Instruction thus Instruction 8. YOu are to pass an Act Rescinding the Eighteenth Act of Parliament 1681. Asserting the Prerogative in point of Jurisdiction This Sixth Article of the Grievances and Eighth Instruction in Answer thereto will be best understood by the Act it self to which they relate Follows the Act. ACT Asserting His Majesty's Prerogative in point of Jurisdiction September 16. 1681. THe Estates of Parliament considering That all Government and Jurisdiction within this His Majesty's Ancient Kingdom of Scotland does originally Reside in His Sacred Majesty His Lawful Heirs and Successors And though His Majesty and His Royal Predecessors have bestowed Offices and Jurisdictions upon severals of His well deserving Subjects yet these are not privative of His Jurisdiction They do therefore in a dutiful and humble Recognisance of His Majesty's Royal Right and Prerogative as to this Point Declare That notwithstanding of these Jurisdictions and Offices His Sacred Majesty may by Himself or any Commissionate by Him take Cognisance and Decision of any Cases or Causes He pleases Shortly after this Act there was a Commission under the Great Seal to the Lords of Session rendring their places Arbitrary and ad placitum in which the Lord Stair President of the Session Lord Newbyth and others were left out These the King hath now restored to their places according to his Declaration and even Heretable Jurisdictions were invaded and not only matters Civil but the highest Points of Criminal Jurisdiction were committed to Souldiers and other persons who were impowered Summarly to Execute to the Death free Subjects without any Formality of Process or Jury and many persons were taken off that way whereby the ordinary Legal Judicatures might be rendred ineffectual And the King had Power to Judge every Scots-man either for his Life or Fortune by himself or such persons as he pleased to appoint and to Avocat Causes to be Cognosced by his Courtiers at Whitehall This gave the King the greatest latitude of Arbitrary Power imaginable and more than is practised in any place of Europe And when such Laws are once Established in favours of the Crown we seldom see Princes willing to Renounce them but only to moderate the Execution in ordinary Cases reserving always the Power and Capacity to themselves But by this Instruction our King was willing to part with this extravagant Power and it is matter of Surprise that He was not taken at His Word Article 7. Grievance THat the Commissariot Courts as they are now Constitute are a Grievance This is Answered by the Ninth Instruction Instruction 9. YOu are to pass an Act for Regulating the Abuses in the Commissary Courts and all other inferiour Courts The Commissars were a most Antient Constitution the Nomination of them was committed to Church-men but after the Reformation the Bishops being excluded the Nomination of the Commissars did fall to the King and after the Restitution of Episcopacy in Anno 1606 the Nomination of the Commissars was given to the Bishops as their Officials and they are the sole Judges in the first Instance of Scandal Matrimony Divorce and several other Matters which have alwaies been reserved in the hands of the Clergy as the Confirmation of Testaments and ordering the performance of the Wills and Legacies of the Defuncts and the Provisions of Relicts and Orphans In this Grievance it is Represented That there are Errors according to the present Constitution of this Court yet these Errors are not specified nevertheless the King remits it to the Parliament to Rectifie whatsoever they thought amiss in this Court and the Instruction is much larger than the Grievance for thereby the King Remits it to the Parliament to Regulate all inferior Courts Article 8. Grievance THat the 27 Act of the Parliament 1663. Giving the King power to Impose Custome at His Pleasure upon Forraign Import and Trade is a Grievance and prejudicial to the Trade of the Nation This is Answered by the seventeerth Instruction Instruction 17. YOu are to endeavour to procure an Act or Acts for the encouragement of Trade and if the 27 Act of the Parliament 1663 be found inconvenient it may be Regulat or Rescinded and when the Proposals are Adjusted you are to transmit them to Vs that you may receive our Instructions thereaneut For the better understanding of this Grievance I have set down the Act it self ACT Asserting His Majesties
Prerogative in the Ordering and Disposal of Trade with Foreigners THe Estates of Parliament Considering That during the late Troubles divers Invasions were made upon the Royal Prerogatives of the Crown and that in a just abhorrence thereof and in a due sense of the Happiness they enjoy under His Majesties Government They are obliged on all occasions to Vindicate and Assert the same in the several Branches thereof And since the Ordering and Disposal of Trade with Foreign Countreys and the laying of Restraints and Impositions upon Foreign Imported Merchandises is by the Law of Nations acknowledged to be proper to and Inherent in the Persons of all free Princes as an undoubted Prerogative of the Crown They therefore in a Dutiful and Humble Recognisance of His Majesties Prerogative Royal Do Declare That the Ordering and Disposal of Trade with Foreign Nations and the laying of Restraints and Impositions upon Foreign Imported Commodities doth belong to His Majesty and His Successors as an undoubted Priviledge and Prerogative of the Crown and that by Vertue thereof they may lay such Impositions and Restraints upon Imported Foreign Commodities and so Order and Dispose upon the Trade of them as they shall judge fit for the good of the Kingdom Likeas the King's Majesty with Advice and Consent of His Estates of Parliament Doth hereby Rescind and Annul all Acts Statutes Constitutions and Customs to the contrary and Declares the same void and null in all time coming This Grievance doth acknowledge that the King hath power by Law to Impose what Custom or Duty he pleases upon Foreign Trade but it States the King in a Legal Capacity without Consent of Parliament to exact as great Summs as the Nation is able to furnish for every Country needs something from another either of absolute necessity or conveniency especially such Countries as do not abound with Manufactures and Artisens and in the Northern Countries Spiceries and Drugs are become almost as necessary as Air and Dier besides Iron Wine Pitch Tar and an hundred things wherewith Scotland doth not furnish it self and by Imposing such exorbitant Duties upon these as the French King doth upon Salt the Kings of Scotland might Supply themselves without being beholden to Their Parliaments and People for their Aids and it is impossible to suspect that a King who is willing to part with this Power which the Law Declares to be an Inherent Priviledge of His Crown can be uneasie to His People in any thing and it is amasing that since the effect of this Law is understood and hath been acknowledged in the Grievances how any persons could be so cruel to their Native Country as to obstruct the Relief which the King offered them in this Concession And if this opportunity were never renewed how justly might this Age and the succeeding Generations blame them Article 9. Grievance THe not taking an effectual Course to Repress the Depredations and Robberies by the Highland Clans is a Grievance This is Answered by the eleventh Instruction Instruction 11. YOu are to endeavour to procure an Act for an effectual Course to Repress the Depredations and Robberies by the Highland Clans and when this matter is Digested you are to transmit the Proposals to Vs that you may get particular Instructions thereanent The Depredations by the Highlanders is certainly a great inconvenience to the Kingdom whereby the Inhabitants to the Low Lands are not only obliged to keep numbers of armed Men to watch and guard the Passages and Descents from the Highlands but likewise to pay considerable Compositions to these Robbers to procure their Protection and Assurance which the Law discharges and this Acknowledgment is called Black-mail whereby these Thieves are sustained without Industry or Vertue who are hard to be reduced or brought to Justice because of the unaccessableness of the Mountains and that Forces are not able to find Subsistance there nor march as far in two or three days in a Body as the Highlanders can do in one and therefore the Grievance is just But there is no Method proposed for accomplishing the Redress Therefore the King doth remit to the Parliament to consider and digest effectual Courses for repressing the Highlanders which are to be transmitted to His Majesty that He may give particular Instructions to His Commissioner Likeas in the mean time though the Parliament did refuse to grant a Supply yet the King hath maintained a considerable Army upon his own Charge this Summer and hath planted considerable Garrisons round the Verge of the Mountains to secure the Low-Grounds and if His Majesty should withdraw or Disband these Forces which He hath not been able to pay the Highland Clans being now combined in Arms and open Rebellion against the Government they would quickly destroy that Kingdom and might raise such a Flame in England as might have fatal Effects before it could be quenched Article 10. Grievance THat the banishing by the Council of the greatest part of the Advocates from Edinbourg without a Process was a Grievance This is Answered by the thirteenth Instruction Instruction 13. YOu are to pass an Act that no persons be Banished out of the Kingdom or from any part thereof summary without a Process It is not worth the while to trouble you with the Detail of this matter But you may think it strange how the Privy Council comes to be charged with it and it is acknowledged that it was a Grievance now if it be not presently a Grievance how can it be Redressed by the King Besides either the Sentence of Banishment was just or not if it was just it cannot be quarrelled if it was unjust and illegal that is not a a Grievance that must be Redressed by the making of a new Law for the standing Law must give Relief to every thing that is against Law But here there was more Resentment of single Persons than Injury to the Nation And though the King might have slighted this Matter being stated in that manner that it was incapable to be Redressed yet he gently cover and passeth it over that none of the Grievances should want a satisfactory Answer He condescends that an Act be made that no Person be Banished without a Process which is the Law there already and in all other Civilised Nations Article 11. Grievance THat most of the Laws Enacted in the Parliament 1685 are impious and intollerable Grievances This is Answered by the Twelfth Instruction Instruct 12. YOu are to pass an Act Rescinding such Acts of the Parliament 1685 as are justly grievous to the People If this Grievance had condescended upon the particular Acts as it might â—…e King had given particular Instructions to Rescind them But this general of the most part left them uncertain what Acts were mean'd to be impious intollerable and grievous and the King being willing in every thing to satisfie his People He has subjected the whole Acts of that Parliament to the Power of this present Parliament which must convince you that
Rights in Electing their own Magistrates for the future and that the Burrows of Glasgow and St. Andrews shall have the Electing of their own Provosts Baillies and Town-Council as the other Royal Burrows of that Kingdom have The Royal Burrows have a peculiar Interest in the King for as Burghs of Barony and Regality are Incorporations belonging to Noblemen and Gentlemen so the Royal Burrows are in a particular manner the King 's own Burrows holding immediately and directly of the King and the Law doth not allow the interposition of any Nobleman or Baron to have interest in the Magistracy of Burrows but only such as are of their own Community Of late the Royal Burrows were extreamly incroached upon and in the last Reigns the Magistrates of Burghs were nominat by Letters from the King though by their Charters the Incorporation and Town-Council had Right to chuse their own Magistrates His Majesty then Prince of Orange in his Declaration for Scotland takes special notice of the Injury done to the Royal Burrows and therefore though the Grievance in relation to the Purrows be altogether general yet His Majesty hails an opportunity to redress and gratifie them and therefore he impowers his Commissioner to make a Law Ratifying all their Priviledges whereby the Commissioner was obliged to give the Royal Assent to any thing that the Parliament should determine to be the Right and Priviledge of the Burrows 2. His Majesty offers to secure to the Burrows that they shall never be invaded for the future and that they shall have the sole and free Choice of their own Magistrates 3. By the Abolishing of Episcopacy the King being come in the place of the Arch-Bishops of St. Andrews and Glasgow he had in their Right the Power of naming the Provost and Magistrates of these Burghs whereby Glasgow though it be the second Burgh in the Kingdom yet it hath not the ordinary Priviledges of the meanest Burgh-Royal and the King to signifie his Gracious Intentions to the Burrows in general he gives them all that is in his Power and allows these two Burrows to chuse their own Magistrates albeit some have represented this Concession to be prejudicial to the Crown and that it is fit for the Crown that the King retain in his own hand the chusing of the Magistrates of Glasgow as an Awe-band over that numerous people or that he commit this Power to some great Family about them who may keep that City in order 4. Trade being the great concern of the Burrows the King hath allowed his Commissioner to pass Acts one or more what the Parliament shall think fit for the Encouragement of Trade which give a sufficient Rise and Warrant for Repairing the Royal Burrows against any Invasions that had been made upon their Rights in the point of Trade so that they should not be obliged to pay for a Priviledge they did not enjoy Here is a notable Evidence how far the most gracious Concessions of a Prince may be mistaken and slighted The Royal Burrows were abused by the Industry of some persons and made believe that the King by his Instructions had given them no Relief and that he had not regarded the Grievance in relation to the Royal Burrows upon this Imposture they did combine in the Parliament to refuse a Supply to oppose any thing that was brought in in pursuance of the King's Instructions and to concur in all the Votes that was brought in against him which they did accordingly only a few Burgesses being excepted and certainly if they had understood the King's Gracious Intentions towards them they could never have been guilty of such Transports against both their Duty and their Interest and when they come to be informed it will oblige them for the future to be more cautious not to take up an ill Report rashly to doubt their Soveraign or destroy themselves and the Royal Burrows being further sham'd to send up these same persons who had abused them with an Address to His Majesty desiring an Answer to that Grievance which did concern them His Majesty pitying their Innocence gave an Answer in Writing that it might be sure to come to their Hands signifying That he had remembred their Concerns very particularly from the beginning and that they had no reason to doubt his Care desired them not to suffer themselves to be further abused to mistake their own Interest but that they might believe he would redress all the just Grievances of the Nation and specially of the Royal Burrows in whom he owned a peculiar Interest This Goodness and Forbearance in the King cannot fail to produce suitable effects of Duty and Gratitude and when the Burrows shall be sufficiently informed they will certainly take occasion to have a new Convention and return his Majesty an humble acknowledgment of their mistakes and a dutiful sense of his Favours as well as the Concessions in his Instructions Now you see that the King hath given a particular Gracious Answer to every one of the Grievances and besides these there is an Instruction for the Regulation of the Universities And after all the King concludes with a general Instruction If there be any thing else that may be necessary for the good of that Kingdom to be past into Laws You are to acquaint Us from time to time with such Overtures that you may be Authorised with particular Instructions thereanent This admits no Paraphrase it was impossible for a Prince to say more this was a Catholicon for curing all the Grievances that either were or could be represented and what a strange Return was it not to transmit their Overtures but to proceed to Votes straiten and manacle the Royal Authority in its most necessary and undoubted Powers Since I have given you the Grievances and Instructions together you are able to Judge and I do submit to your Judgment whether my Reflections be Genuine or no and I shall conclude That Nation lies under the pressure of most heavy and grievous Laws 2. The King hath done all upon his part that was possible to render that Nation happy and since he must be acquitted by all indifferent Judgments I will not give myself the trouble to tell you who are guilty since the Instructions are so full the Ministers of State must be innocent By this time I think you may be able to resolve your own Questions 1. If the King hath done his part and be not to blame how comes the Majority of the Parliament to be discontented 2. Why did not the Parliament accept these Concessions pro tanto and turn them into Laws and then ask what more they thought necessary 3. What is the meaning of so many Addresses and particularly the last which is Printed 4. Upon what grounds does these men build their hopes who do so pertinaciously oppose the King and what may be expected whether the Presbyterians will joyn with them or not I must confess your Doubts are highly reasonable but they may be Resolved