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A92548 The declaration of the Estates of the kingdom of Scotland, containing the claim of right and the offer of the crown to Their Majesties, King William and Queen Mary: together with the grievances represented by the estates; and Their Majesties oath at their acceptance of the crown. Scotland. Convention of Estates. 1689 (1689) Wing S1217A; ESTC R232191 6,093 11

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THE DECLARATION OF THE ESTATES OF THE KINGDOM OF SCOTLAND Containing the Claim of Right and the Offer of the CROWN to Their Majesties King WILLIAM and Queen MARY Together with the Grievances Represented by the Estates and Their Majesties Oath at Their Acceptance of the CROWN Edinburgh Printed by the Heir of Andrew Anderson by Order of Parliament Anno DOM. 1689. The Declaration of the Estates of the Kingdom of Scotland containing the Claim of Right and the Offer of the CROWN to their Majesties King WILLIAM and Queen MARY Edinburgh the Eleventh day of April 1689. WHereas King James the Seventh being a profest Papist did Assume the Regal Power and Acted as King without ever taking the Oath required by Law whereby the King at His Access to the Government is obliged to Swear to maintain the Protestant Religion and to Rule the People according to the Laudable Laws and did by the Advice of Wicked and Evil Counsellers Invade the Fundamental Constitution of this Kingdom and Altered it from a Legal Limited Monarchy to an Arbitrary Despotick Power And in a publick Proclamation asserted an Absolute Power to cass anull and dissable all the Laws particularly Arraigning the Laws establishing the Protestant Religion and did Exerce that Power to the Subversion of the Protestant Religon and to the Violation of the Laws and Liberties of the Kingdom By Erecting Publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also Inverting Protestant Chappels and Churches to publick Mass-Houses contrary to the Express Laws against Saying and Hearing of Mass By allowing Popish-Books to be Printed and dispersed by a Gift to a Popish Printer Designing him Printer to His Majesties Houshold Colledge and Chappel contrary to the Laws By taking the Children of Protestant Noblemen and Gentlemen sending and keeping them abroad to be bred Papists making great Fonds and Dotations to Popish Schools and Colledges abroad bestowing Pensions upon Priests and perverting Protestants from their Religion by offers of Places Preferments and Pensions By dis-arming Protestants while at the same time he Imployed Papists in the Places of greatest Trust Civil and Military Such as Chancellor Secretaries Privy Counsellers and Lords of Session thrusting out Protestants to make Room for Papists and entrusting the Forts and Magazins of the Kingdom in their hands By Imposing Oaths contrary to Law. By giving Gifts and Grants for exacting Money without Consent of Parliament or Convention of Estates By Levying or keeping on Foot a standing Army in time of Peace without Consent of Parliament which Army did exact Locality free and dry Quarters By Imploying the Officers of the Army as Judges through the Kingdom and Imposing them where there were Heretable Offices and Jurisdictions by whom many of the Leidges were put to death summarly without Legal Tryal Jury or Record By Imposing Exorbitant Fines to the Value of the Parties Estates Exacting Extravagant Bale and disposing Fines and Forefaultures before any Process or Conviction By Imprisoning Persons without expressing the Reason and delaying to put them to Tryal By causing Pursue and Forefault several Persons upon stretches of old and obsolete Laws upon frivolous and weak Pretences upon Lame and Defective Probations as particularly the late Earl of Argyl to the Scandal and Reproach of the Justice of the Nation By Subverting the Right of the Royal Burghs the third Estate of Parliament Imposing upon them not only Magistrats but also the whole Town-Council and Clerks contrary to their Liberties and Express Charters without the Pretence either of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrats and Council the King might in effect alse well nominat that entire Estate of Parliament and many of the saids Magistrats put in by him were avowed Papists and the Burghs were forced to pay Money for the Letters Imposing these Illegal Magistrats and Councils upon them By sending Letters to the Chief Court of Justice not only ordaining the Judges to stop and desist sine die to determine Causes but also Ordering and Commanding them how to proceed in Cases depending before them contrary to the Express Laws and by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad beneplacitum to dispose them to Complyance with Arbitrary Courses and turning them out of their Offices when they did not Comply By granting Personal Protections for Civil Debts contrary to Law. All which are utterly and directly contrary to the known Laws Statutes and Freedoms of this Realm Therefore the Estates of the Kingdom of Scotland Find and Declare that King James the Seventh being a Profest Papist did Assume the Regal Power and Acted as King without ever taking the Oath required by Law and hath by the Advice of Evil and Wicked Counsellers Invaded the Fundamental Constitution of the Kingdom and altered it from a Legal Limited Monarchy to an Arbitrary Despotick Power and hath Exercised the same to the Subversion of the Protestant Religion and the Violation of the Laws and Liberties of the Kingdom Inverting all the Ends of Government whereby he hath Forefaulted the Right to the Crown and the Throne is become Vacant And whereas His Royal Highness William then Prince of Orange now King of England whom it hath pleased Almighty GOD to make the Glorious instrument of delivering these Kingdoms from Popery and Arbitrary Power Did by the Advice of Several Lords and Gentlemen of this Nation at London for the time call the Estates of this Kingdom to meet the Fourteenth of March last In Order to such an Establishment as that their Religion Laws and Liberties might not be again in Danger of being Subverted And the saids Estates being now Assembled in a Full and Free Representative of this Nation Taking to their most serious Consideration the best Means for attaining the Ends aforesaid Do in the first Place as their Ancestors in the like Cases have usually done for the Vindicating and Asserting their Ancient Rights and Liberties Declare That by the Law of this Kingdom no Papist can be King or Queen of this Realm nor bear any Office whatsoever therein nor can any Protestant Successor exercise the Regal Power untill He or She Swear the Coronation Oath That all Proclamations asserting an Absolute Power to Cass Annull and Disable Laws the Erecting Schools and Colledges for Jesuits the Inverting Protestant Chappels and Churches to Publick Mass-houses and the allowing Mass to be said are contrary to Law. That the Allowing Popish Books to be Printed and Dispersed is contrary to Law. That the taking the Children of Noble-men Gentle-men and others sending and keeping them abroad to be bred Papists the making Fonds and Dotations to Popish Schools and Colledges the bestowing Pensions on Priests and the perverting Protestants from their Religion by offers of Places Preferments and Pensions are contrary to Law. That the Disarming of Protestants and Imploying Papists in the Places of greatest Trust both