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
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
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