Sterling which he was willing to accept in stead 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 grudge him one years Cess for the relief of the rest There was more heat in this matter than consideration 6o. I cannot but admire their confidence in pretending to be surprised with the sudden Adjournment of the Parliament most men did wonder it sat so long and every body knew it was to rise that Week that strange Vote in refusing Four Months Supply after all the rest that had passed made it evident there was no better to be expected and when they had formerly refused to proceed upon the Instructions how could any man think that they should not be Adjourned As to your last Question where these mens strength lyes and whether the Presbyterians will desert the King and joyn with them I tell you plainly my thoughts these men play upon the Presbyterian Staik and though the Sticklers be persons who have little concern in Religion or regard to Church-government and when Episcopacy was formerly abolished and all the Laws establishing it Rescinded in consequence the Laws made at the Reformation in favours of the Presbyterian Government were redintegrat and revived the same might now have been done but thir same Addressers did oppose it and did add a Clause in the House declaring the Church-government was yet to be established upon this project that if Presbytery were once established they knew the Presbyterians needed no more depend upon them whereas the Presbyterians must either support them or else they will turn about and fall in with the Cavaleer Party against them for they Front to all Sides but to the King and in the mean time they render the Presbyterians jealous of the King and tell them that the Civil Magistrate likes always to have the Church in his power and that the King to oblige the Church of England will in the end abandon them whereas they are willing to establish Presbytery in what terms they can desire and to go the length of a Covenant and League with the Dissenters in England But after all I can hardly believe that the Presbyterians will be so imposed upon and whidled out of their Interest by persons they know to have no concern for Religion but to raise themselves by it And therefore I think the following Considerations will secure the Presbyterians First All the Presbyterian Lords in Scotland who have been all along of that Perswasion and have suffered for it have all to a Man stood firm to the King in this Parliament against the Club and they are almost all actually imployed in His Service Now it is not possible that any rational or sober Presbyterian will part with their old and great Friends who are able to do them good for new Undertakers whereof some have been lately their Persecutors and the Presbyterians have no safe retreat King James will neither trust nor forgive them Will they be Neuters and Associat again as the Five Western Shires did in Anno 1650. when they refused to joyn either with King Charles's Army or Cromwel's This design was both foolish and fatal they were quickly broken at Hamiltoun Secondly I can hardly believe that the Presbyterians will forget the regard the King had to their sufferings that he hath revived and restored them and will certainly settle the Government of the Church of Scotland by Presbyters and imploy them where they are capable in the Civil Government if they themselves do not hinder him For though I do not believe that the King either is or should be of a Party yet their circumstances lyes together his suscess and their deliverance For in Scotland though we had Bishops who were Tools for the Civil Government and led Horses for the State yet we never admitted Canons Service or any Forms in our Church so that even in time of Bishops the Nation was Presbyterian And whereas the Church and Bishops of England before this Revolution were standing in the Gap and suffering and the King in His Speech to the Parliament did avouch them to be a Bulwark to the Protestant Religion yet at that time our Bishops in Scotland in their Address to King James not only pray so his success and prosperity in that Expedition but they pray that God may give him the necks of his Enemies after they knew that the King then Prince of Orange was Embarqued and had set Sail for Britain This may conciliat a greater confidence and regard from the King to the Presbyterians of Scotland without giving any discouragement or displeasure to the Church of England For a Prince that hath different Countreys and Nations may maintain distinct Religions and much more distinct Forms of Government professing the same Religion without affecting or neglecting any man upon that account Thirdly As it is duty and gratitude for the Presbyterians to stand firm by the King they ly under a suspition to be difficile and uneasie under any Government and that their Principles are more suited to a Common-wealth than Monarchy they have now an opportunity to retrive and vindicate themselves from these aspersions and if they be such fools as to suffer themselves to be seduced to quite the King for the Club there are many that are now looking after their halting who will not be wanting to represent to the King that he hath neglected a far greater interest in looking after the Dissenters whom he could not manage These and other such considerations will certainly oblige the Presbyterians to look to their interest and foresee their danger if they should either ly by or prove unkind And if they do not support and sustain this Club it will fall to nothing and the Nation will return to some better temper and see their folly in not closing with the King's Instructions Sir I have been carried far beyond my design in giving you an account of my thoughts in this matter But without further I am Your most humble Servant London Dec. 1. 1689. ERRATA Page 1. Line 19. read as any p. 6. l 29. r. Barons p. 33. l. 29. r. who ly p. 38. l. 4. r. mystery
were to Represent their particular Estates in the Articles And it being the King's Prerogative to name all the Bishops in effect the King had the sole Power or Influence to make the whole Articles 2o. In stead of a Preparatory Committee for Ordering all things that were to be brought to Parliament the Articles did assume a Power that what they once rejected could not be brought in to plain Parliament But yet by the express Act of Parliament foresaid the 1. Act Sess 3. Parl. 1. K. Charl 2. The Articles is Constitute in the manner above-mentioned to be a perpetual Law in all time coming which was justly represented as a Grievance to the King but there is not the least mention of Officers of State though that point was spoken of and under Consideration in the Meeting by this Instruction the King did most Graciously and Fully Redresse these Errors and Corruptions of the Artieles by allowing every State to choise it s own Representatives and Declaring that the Articles shall not have Power to Pre-limit the Parliament but that even these things that have been rejected in the Articles may be brought in in plain Parliament whereby the interest of the Estates are equal and intire and the Parliament can never be imposed upon nor precluded It might have been expected that so Gracious a Concession from the King and His parting with so important a Jewel should have satisfied every man that the King designed no Arbitrary Power and that He verified that Clause of His Letter to the Estates That He would never put His Greatness or the Advantage the Crown had got in the Ballance with the True Interest of the Nation Yet this Concession did not please but some men insisted That there should be no Articles or constant Committee at all having now taken up a prejudice against the Name as well as the Excess of the Thing though the Grievance calls it the Articles and mentions not one word against a constant Committee But now they would make an Inference from the Custom of England though the Constitution of the two Parliaments are totally different And next they did Object against the Officers of State though this was no Incroachment or Corruption but they were Members of the Articles in the most Antient Constitutions And these last hundred and fifty years the Officers of State are named together in a Colum by themselves as distinct Supernumerary persons for the Interest of the Crown and as the Officers of State are not mentioned in the Grievance So the meaning of the Articles can not be extended to reach them for they being Supernumerary and for the King are not to be chosen nor can Re-present any State of the Parliament because they are Members of Parliament as Officers of State and are called and ranked though they be but Gentlemen before the Commissioners for Shires and Burrows It cannot but appear a great extremity that whereas by the present standing Law the King hath the whole Power and Influence in making the Articles that in an instant He shall be reduced to have no Interest at all and whereas every Estate hath an equal share of Members in this Committee for preparing Things to the Parliament the King shall have none for Him and every Body knows what Advantage may be made in the Framing and Wording of an Act where the Matter may be plausible and it were hard that the first Notice or Advertisement the King or His Commissioner might have of a Law designed were to hear it Read and Voted in the House and so be put on a sudden to give His Consent or interpose His Negative after the Parliament has engaged themselves by a Vote this Rock Our Ancestors have always shunned and there never was a Vote in the Parliament of Scotland before this time till the Matter was first subjected to the Kings Consideration and that His Commissioner was previously Instructed or knew it to be agreeable to the Kings Inclinations And there being a Law standing that all Matters to be determined in Parliament must be first brought in to the Articles till that Law be Repealled at least these Votes which were pressed in the Address were both unnecessary and preposterous But the King was so far from taking any occasion of Displeasure that he did Conced a further step by an Additional Instruction dated at Hampton-Court the Fourth day of July last which the Commissioner Read in Parliament WILLIAM R. Additional Instructions to Our Right Trusty and Right Entirely beloved Cousin and Councellor William Duke of Hamilton Our Commissioner 1. BY the Second Article of your Instructions Dated the Thirty One day of May last you was impower'd to pass an Act for regulating the Committee Called the Articles which were to consist of Twenty four persons besides the Officers of State Notwithstanding of which These are to Authorize you to pass an Act for them to consist of Thirtie three persons besides the Officers of State whereof Eleven to be chosen out of every Estate according to your former Instructions who are to prepare Matters as is therein expressed not excluding the Parliament to take Matters into their Consideration though it hath been rejected in the Committee nor to prevent their moving of any thing and regulating of it to them and the said eleven out of every Estate to be chosen Monthly or oftner if the Parliament think it fit and all former Acts especially the first Act Charl. 2. Sess 3. inconsistent with this are to be Rescinded 2. You are to pass what Acts stall be proposed sor settling the Church-Government according to your former Instructions 3. You are to pass an Act Rescinding all Forfeitures past against any of Our Subjects either in Parliament or Criminal Court since the first day of January 1665 which shal be thought fit by the Parliament to be Rescinded Likewise you are to consent to what Our Parliament shall propose for Restitution to be made of Fines or Compositions for Fines or Forfeitures from those who had the Benefit of them and you are to Rescind such Acts as were made in the years 1681 and 1685 as are justly grievous Although the first of the above Instructions is not complyed with yet you are to move the other two and have them past before any Adjournment Given under Our Royal Hand and Signet at Our Court at Hampton Court the Fourth day of July 1689. And of Our Reign the First Year By His Majesties Command Melvill The King did hereby Consent that the Articles should not be a constant Committee as they are now by Law but that the Estates might change their Representatives as oft as they please so that they could not be packed nor taken off by the Court and that each State in stead of Eight might choose Eleven Members whereby the Officers of State could never over-rule or determine them The whole Number of the Officers of State extends only to Eight whereof the Lord Secretary is ordinarly at Court and
the King or Queens of that Realm shall not marrie 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 poisoned 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 Attaqued 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 Eyse Aberdeen and Mid-Lothian and others where it shall be found Convenient may send three or four Commssiioners 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 Leidge-Lord Jurae Coronae is not only Invested in the Kingdom and hath the Dominium directum as Superior as well as King of the whole but likeways 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 befals 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 Antient Custom of Scotland every Free-Holder that is to say not as in England he who is Seased of a Proportion of Lands belonging to Him in Property but he who Holds a parcel of Lands in Capite or immediatly of the King is understood a Free or Noble Holder in Scotland and because the Divisions and Multiplication of Baronies hath rendred many of the Free-Holders small so that their Attendance in Parliament was Chargeable and Burdensome to them and it was a Disparagement to the Kings 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 moe 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 Kings 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 which 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 Representation 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 Rights in Electing their own Magistrats 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