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A65418 Reasons why the Parliament of Scotland cannot comply with the late K. James's proclamation sent lately to that kingdom, and prosecuted by the late Viscount Dundee : containing an answer to every paragraph of the said proclamation, and vindicating the said Parliament their present proceedings against him : published by authority. Welwood, James, 1652-1727.; Graham, John, Viscount Dundee, 1648-1689. 1689 (1689) Wing W1309; ESTC R2126 15,716 35

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Eternal God according as he is revealed in his most Holy Word and shall according to that same Word maintain the true Religion the Preaching of the Holy Word the due Administration of the Sacraments Now received and preached within the Realm of Scotland that is upon the matter the same as to Swear to be of the Reformed Religion since that Religion was established as the Religion of the Nation previous to this Act. Thereafter the King is to Swear by the same Oath That he shall rule the People committed to his charge according to the Command of God and according to the Laws and Constitutions received in this Realm Here I must confess my own weakness in the point of the late King Iames's Accession to the Crown for my reason could never persuade me of any Right he could justly claim to it as long as this Act of Parliament enacting this Coronation Oath to be taken by all succeeding Kings was in force since he neither did nor could Swear it Thus the two fundamental Hinges of the Government of Scotland being First That the Laws the People are to be governed by are such as are made by the King and Parliament And Secondly That the Government be administred by the King according to these Laws from the Obligation of a Coronation Oath If either the King alone or the three Estates by themselves take upon them to make Laws then the one Hinge is broken off and if the Government be not administrated by the King according to these Laws then the other Hinge is broken off also and in either or both of these Cases the Constitution is at an end and our Legal Government ceases Before I come to the other General Head proposed There is one Objection that lies naturally in my way which I judge necessary to be removed When I speak of Laws being only made by the King and the Three Estates of Parliament it will be told me by a certain sort of Men That this late Act of Parliament of their present Majesties Reign Abolishing Episcopacy seems to infringe that fundamental Constitution because one of the Three Estates is thereby removed viz. that of the Bishops This is easily answered when I have told them That before the Reformation the Three Estates of Parliament were thus reckon'd up the Archbishops Bishops Abbats Priors and Commendator of the Order of St. Iohn of Ierusalem made up the First Estate and were named the Lords Spiritual the Temporal Lords made up the Second and the Representatives for Counties and Burroughs together made up the Third But at the Reformation in respect of our being reformed by Presbyters and of the great opposition of the Bishops to the Reformation it self the Parliament was pleased not only to abolish the Errors of the See of Rome but also the Hierarchy of Bishops with all their Privileges and Honours whereof that of being the First of the Three Estates was one The Church of Scotland having continued under the Government of Presbyters for a great many years King Iames the First of England sound a way to restore Episcopacy in spight of the strugling Genius of the Nation And albeit at that time the Bishops by a tacit consent took their places in Parliament yet whether by neglect or design I know not they were never restored to that Privilege of being accounted one of the Three Estates of Parliament but were ever since reputed to make up but a part of one Estate in conjunction with the Temporal Lords the Second being the Representatives of Counties and the Third these of the Burroughs This account I judge the fitter to give that a great many who have not the occasion of being acquainted with the Constitution of our Country are inclinable to think that our reckoning up of the Three Estates is parallel with that of England when indeed there can be nothing more different England owed its Reformation to Bishops whereof some of them had the Glory of Sealing it with their Bloud and that Order has ever since afforded the greatest Luminaries of the Church When Popery was abolished in England the Heirarchy of Bishops was so far from being laid aside that it continued in the same State as to all its Privileges and particularly that of being the first distinct State of Parliament as they found it at the Reformation What I have advanced in point of the present reckoning up of the Three Estates of Scotland will appear farther beyond all doubt if we consider That in most of the Parliaments of King Iames the First his Reign there was none of the order of Bishops the Hierarchy being not yet restored and yet the Validity of these Parliaments were never called in question in any of the succeeding Reigns I come now to the Second General Head proposed viz. Whether or not the late King did forfeit his Right to the Crown by subverting the above-mentioned two fundamental Hinges of the Government and if thereupon the Estates did justly lay him aside In inquiring into this I shall not give the Reader the trouble of enumerating the several Cases in which the greatest Champions of Regal Prerogative allow Kings may forfeit their Right though such a digression might be pardonable being that King Iames's Proclamation insinuates fairly that in no case it can happen I confess I am so great a Friend to Monarchy as being the best of Governments and most suitable to the Genius of our Nation that I could not wish it Precarious nor the Royal Prerogative sunk below what our Parliaments preceding the two last Reigns have determined it And I think the late King Iames had reason to say of the Laws of Scotland the same he was pleased to say of these of England That they were sufficient to make the King as great a Monarch as he could wish There are a great many Arguments that inforce the unreasonableness of that Opinion That Kings may be called to an account for every mis-management and indeed it would seem much safer for the People many times to lie under the incroachments of their Princes then to endeavour a redress by a Remedy that proves often worse than the Disease And therefore it is not mis-managements in general though many and great that unmakes a King but only such as shake and subvert the Essence of the Government and unhinge the fundamental Constitution of the Kingdom And if mis-managements of this kind can be justly charged upon the late King it follows necessarily that immediately upon his so doing our Constitution is at an end and our Legal Government dissolved and thereupon He ceased to be our King and We to be his Subjects And how far the late King is thus chargeable will appear in the following Considerations That the First Fundamental Hinge of our Constitution viz. That the Laws the People are to be governed by be made by the King and Parliament was subverted by the late King is evident in his assuming a Power to annul and disable Laws by his
REASONS WHY THE PARLIAMENT of SCOTLAND Cannot comply with the Late King IAMES ADVERTISEMENT AN Answer to the Late King IAMES's Declaration to all His Pretended Subjects in the Kingdom of England Dated at Dublin Castle May 8. 1689. Ordered by a Vote of the Right Honourable the House of Commons to be burnt by the Common-Hangman REASONS WHY THE Parliament of Scotland Cannot comply with the Late K. IAMES's PROCLAMATION Sent lately to that KINGDOM And Prosecuted by the Late Uiscount Dundee CONTAINING An Answer to every Paragraph of the said Proclamation and vindicating the said Parliament their present Proceedings against him Published by Authority LONDON Printed for Dorman Newman at the King 's Arms in the Poultry MDCLXXXIX TO His GRACE THE Duke of Hamilton c. Their Majesties High Commissioner for the Kingdom of Scotland May it please Your Grace THE following Paper ambitionates no meaner Patron than a Personage who has had the Honour for a great many Years to struggle against the Encroachments made on a Kingdom whereof he himself is the First Peer and who has crown'd all his other Actions with that of giving a mighty and powerful Influence on a Revolution that it s hoped may at last make us Happy Accept of this as a part of that vast acknowledgment Your Countrey owe's You and Pardon the Address of May it please Your Grace Your Grace's Most Humble and Most Obedient Servant I. W. London Aug. 12. 1689. REASONS WHY THE PARLIAMENT OF SCOTLAND Cannot comply with the Late King IAMES c. IF one were to draw the Scheme of one of the most Despotick Governments in the World he needed not go so far as Constantinople Moscow or some of the Eastern Courts for a Copy to Design after Scotland alone might sufficiently furnish him with all the Idea's of Oppression Injustice and Tyranny concentred for the space of Twenty Years and upwards in that Kingdom To display the Tragick Scene of these three Kingdoms in their most lively Colours would require the imitation of that celebrated piece of Antiquity the Sacrifice of Iphiginia where every on-looking Graecian appeared sad and the sadder as they stood in nearer relation to the Royal Victim But the Painter conscious of the weakness of Art to express the grief of Agamemnon chose rather to draw a veil over a disconsolate Father's Face than vainly to endeavour the tracing the sorrows of his Countenance by the Pencil England's dismal State for some years past requires to be exprest in mournful Characters that of Ireland perhaps in more mournful yet but to delineate the unexampled misery of Scotland surpasses the Power of History or the Force of Eloquence To look back upon Athens under the Government of the Thirty Tyrants on Rome under the Triumvirate or on these three Kingdoms under the Usurpation of Cromwel might surnish some weak draughts to take up a Notion of the late condition of that Nation but all of them would fall short of the Scotch Original It were in vain to attempt the History of Scotland under the two last Reigns in a Paper of this kind the Materials being large enough for the most bulky Volume And if ever I should venture upon it apart it is more than probable I might find that Maxim verified at my cost Curae leves loquantur ingentes stupent and the rather that I am not altogether able to divest my self so far of Humanity as to forget my own share in the Ruines of my Country My design at present is only to make some Reflections on a Proclamation issued out by the late King Iames with relation to his pretended Subjects of Scotland dated at Dublin the Fourth of May last Signed by Himself and countersigned by my Lord Melfort in which it's hard to determine whether ill Nature or want of Politicks takes most place both of them outvying one another for Precedency Only upon first view it will be found that the late Conspiracy in that Kingdom is the Native Consequence of this Proclamation and though that Plot had amounted to a design of Assassinating their Majesties High Commissioner and the whole Members of Parliament yet the Actors of such a Villainy are not only by this Proclamation indemnified but fairly invited and required so to do The Proclamation begins thus Iames c. To all our Loving Subjects of our ancient Kingdom of Scotland Greeting Whereas several of our Subjects men of pernicious Principles and wicked Designs have taken upon themselves contrair to the Law of God their Natural Allegiance to Us their Lawful and Undoubted Sovereign the Laws and Acts of Parliament of that Our ancient Kingdom to meet in an Assembly to call themselves the States of that Kingdom and therein treasonably and wickedly to question Our Authority and to judge of Our Proceedings and finally to dispose of Our Imperial Crown which We hold from God alone Usurping Our Power which is not communicable to any whether single Persons or Bodies Collective without Our Authority be interposed thereto And that these Wicked and Lawless Persons still go on to oppress our People by heavy Burdens Imprisonments and other things grievous to Our Subjects contrair to all Law and Equity as well as to Our Royal Right and Prerogative uniting themselves with the Prince of Orange and his Adherents All these blustering Expressions might have a tolerable good Grace in the Mouth of the Grand Segniour or Great Mogul who vainly arrogate to themselves the High-flown Titles of King of Kings but if they can be at any rate excusable in King Iames it must be upon the Supposition of these two Principles First That King Iames as King of Scotland was so far an Arbitrary and Despotick Prince that he was not obliged to govern by Law and could in no case forfeit his Right to the Crown And Secondly That he was unjustly by the States of the Kingdom laid aside Now if it can be made appear That in the first place the Royal Dignity of Scotland is so far from being an Arbitrary and Despotick kind of Government that it carries along with it in its very Essence a mixture of Interests betwixt King and People and an obligation upon the King to govern not by his own Edicts or Will but by the known Laws of the Land which are indeed the two great hinges of the Government And in the second place That King Iames did forfeit his Right to the Crown by subverting these two fundamental Hinges of the Government and thereupon that the States of the Kingdom did justly lay him aside I say if these two General Heads be made appear then necessarily the other two supposed Principles fall in Consequence and the above mentioned Narrative of the Proclamation as built upon them must tumble with them As to the First General Head That the Royal Dignity of Scotland is so far from being an Arbitrary and Despotick kind of Government that it carries along with it in its very Essence a mixture of Interests betwixt King