pleased to send him a Commission to represent his Royal Person in the first Session which he acknowledged to be an Honour far above what he deserved especially at such a time when the Importance and Condition of His Majesties Affairs in the Kingdom of Scotland required the Greatest Trust from his Majesties and the greatest Faithfulness and Ability in his Commissioner which were otherwise necessary in so high a Station And that although the short advertisement of his Majesties Pleasure therein might give him some difficulty in discharging the several duties incumbent on a person in that High Character yet such was the Zeal he had for His Majesties Service and the Good of his Country that he resolved to give all ready and chearful Obedience to His Majesties Commands and to omit nothing in his Power that might advance His Honour and Interest or contribute to the Peace and Security of the Nation That he had received His Majesties Instructions for turning the Meeting into a Parliament and then to adjourn the Parliament to the seventeenth of June and after that to consent to the enacting of such Laws as might not onely redress the particular Articles of the Grievances but to any other Acts which they should advise for securing the Religion Peace and Happiness of the Nation The Duke having thus delivered himself the Kings Commission was read together with the Letter from His Majesty declaring His pleasure to turn them into a Parliament Which being done the Commissioner acquainted the Estates with the Kings farther pleasure that the Earl of Crawford should preside in the ensuing Session of his first Parliament Upon which the Earl came from the Lords Bench to the Presidents Seat before the Throne and made a Speech to the Estates and then moved that the Act for turning the Meeting into a Parliament might be forthwith drawn Upon which the Commissioner named the Earl of Lowthian Viscount Torbat the Lord of Ormiston Sir Patrick Hume of Polwart Mr. William Hamilton and David Spence to be of a Committee for drawing up the Act who thereupon presently withdrawing into the Inner House after a little time returned with the Act drawn up accordingly which being read and debated was without delay both voted and approved as follows The King and Queens Majesties with Advice and Consent of the Estates of this Kingdom at present assembled Enact and Declare That the three Estates now met together the Fifth of June 1689. Consisting of the Noblemen Barons and Burgesses are a Lawful and Free Parliament and are hereby declared enacted and adjudged to be such and to all intents and purposes whatsoever notwithstanding the want of any new Writs or Proclamation for calling the same or the want of any other Solemnity And that all Acts and Statutes to be passed therein shall be received acknowledged and obeyed by the Subjects as Acts of Parliament and Laws of this Kingdom And it is hereby declared That it shall be High Treason for any Persons to disown quarrel or impugn the Dignity and Authority of this Parliament upon any pretence whatever This Act being thus passed and at the same time touch'd with the Scepter the President by Command of the High Commissioner adjourned the Parliament to the Seventeenth of June being Twelve dayes Upon the Seventeenth of June the Parliament met at what time the Commissioner having ordered the Honours to be sent for from the Castle Knighted Mr. William Hamilton Advocate and a Member of the Parliament After which the Commissioner acquainted the Parliament That he had Instructions from their Majesties about redressing the Greivance of the Lords of the Articles as formerly constituted and that their Majesties had ordered him to condescend to the passing an Act for chusing Eight out of every Estate Lords Barons and Burgesses which with the Officers of State should prepare Things for the Parliament And that it should be always in the Power of the Parliament even of those things which the Committee should report if they should think sit so to do Thereupon an Act being drawn to that purpose it was presented by the Commissioner to the Earl of Crawford President of the Parliament who before he gave it to the Clerks deliver'd himself to this Effect That in regard they were now in another Station than they were formerly that is to say the Supreme Court of the Kingdom and so happy in a Prince who preferr'd the just Rights and Interests of his people to his own Prerogative and who crav'd nothing of them but what would make them happy That they should lay aside all Animosities and private differencies and make the Publick Good the only motive and end of their Actings which Things as they were always necessary so especially at that Juncture when they had Religion the Government of the Church and the Just Rights of the Subject to Establish and Greivances to Redress That Christianity taught Verity the King crav'd and the present Juncture made it indispensably necessary and Gods blessing always attended it That the King had put it fully into their power to make such Laws as might secure to them their Religion and Properties wherein if they failed it would be their own fault that the Eyes of their Enemies were upon them waiting for their halting and that nothing could encourage or strengthen them more then Animosities and Divisions among themselves The President having thus spoken delivered in the Act to be Read But then it was mov'd by the Lord Ross that before they went about to consider or Vote any Act that they should all Swear and Subscribe the Oath of Allegiance and that an Act should be made to that Intent Which motion being approv'd the Lord Ross gave in the following draught of an Act in pursuance of what he had mov'd That the Estate of Parliament considering that Their Majesties had accepted the tender of the Crown of this Realm made to them and had taken the Oath appointed to be taken by all Kings and Queens of this Kingdom therefore They with the consent of Their Majesties did Declare Recognize and Assert Their Royal Authority and Right thereto And Ordered all the Members and Clerks of Parliament and all other Persons that at present are in or shall happen to be called hereafter to any place of publick Trust Civil and Military to Swear and Subscribe the Oath hereto subjoyned And they hereby discharge and annual all former Acts of Parliament appointing any other Oaths of Allegiance and Supremacy Declarations Tests or Other publick Oaths whatever to be taken by them henceforward so as they appoint the same to be taken except the Oath de Fideli Administratione To which the Oath subjoyned was this I A. B. Do Solemnly Swear in the Presence of God That I shall bear Faith and True Allegiance to King William and Queen Mary So help me God This Act passed Nemine Contradicente only that the Earl of Kincairden withdrew so that being thus passed and touched with the Scepter all the
the result of their Counsels were not happy to themselves and of national advantage he feared the present opportunity of doing well if neglected would prove a heavy charge against them in the day of their accounts After the Parliament immediately fell on business and the first matters of moment that they insisted on were the two Acts that were read and pass'd in the preceding Session of Parliament but were not touch'd viz. The Act about the Kings Supremacy the second was the Act to repeal and annul the Rescissory Act which abolished Presbytery which Rescissory Act was made presently after King Charles the Seconds Restauration and the question being put after some small debate Whether they should be presently Touch'd or Voted afresh It was carryed they should be presently touch'd which were done accordingly About this time happened an odd adventure at Elgen about 30 miles from Inverness the business thus 4 or 5 Gentlemen being in Company drinking making merry among other discourses they hapned to fall upon the times and some of them being persons not very well affected to the present Government in the heat of their Cups did not stick to express themselves according to their inclinations one was in great expectation of the late King James's speedy return Another very much doubted one believ'd it feazible another declar'd he thought it impossible for the late King to recover or make a Conquest of Scotland again at which expression one Thomas Tullock was so much enraged that upbraiding their diffidence with a great many reproaches he took a Pistol he had in his hand and wish'd that that Pistol might be his death if he the late King James did not return again and be Master of all his own and before he could speak a word more the Pistol went off and discharging it self into his breast shot himself clean thorough the heart which when related with all its circumstances gave cause of astonishment not only to his own Company but to all that heard it The Parliament had had several warm debates of the freedom that belong'd to every of the Estates in Electing their several Members for their Committees and after much time on several days spent therein it was urged that the better to proceed in chusing of the said Committees it was necessary that the Act concerning the repealing the former Committee of Parliament commonly called the Articles should be first sent for and considered in which Act it was agreed that the Officers of State might sit make Overtures and Proposals and debate in the Committee but not to Vote now the House looking on this as a grievance had heretofore in the last Parliment Voted and annulled the said Act and agreed that in lieu thereof the Bench of Noblemen might chuse the Officers of State to be Members of the Committee notwithstanding their being Ministers of State which being a while argu'd was at length carried by the Vote of the house and approv'd of and immediately had the Royal assent After which the Three Estates proceeded to the choice of their several Committees the Estate of Lords as customarily withdrawing into the inner Session house by themselves The Estate of Barons continued in the Parliament house and the Estate of Burroughs retired to the Commissaries Bench in the lower end of the Parliament house Where after a considerable time they chose their several Committees as follow Committee for Election and Freedom of Speech Noblemen The Marquess of Dowglass Earl of Eglingtown Lord Forrester Lord Belhaven Lord Rollo Barons The Laird of Blackbarrony Laird of Cragivar Sir George Munro Sir Andrew Agnew Laird of Dun Burroughs Sir John Hall Sir Robert Mellvill Mr. William Erskine Mr. John Ross Mr. George Gourdon Committee for the Supply Noblemen Duke Hamilton Earl of Argyle Earl of Cassils Earl of Forfar Earl of Tarras Earl of Kintore Barons Sir John Maitland Laird of Anstruthero Laird of Knocks Sir Thomas Burnet Laird of Craigens Laird of Carrick Burroughs Mr. James Fletcher Mr. Alexander Gourdon Mr. James Lawder Mr. John Cuthbert Mr. James Mardock Sir Patrick Murray Committee for settling the Church Government Noblemen The Earl of Crawford Earl of Southerland Viscount of Arbathnet Viscount of Stairs Lord Cardross Laird of Carmichel Barons Sir John Maxwell Sir Patrick Hume Laird of Brody Sir Archibald Cockburn Sir John Munro of Fowlis Mr. Adam Gourdon of Dallfolly Burroughs Sir Thomas Stewart Mr. William Higgins Mr. James Smith Mr. John Anderson Mr. James Kennet Mr. Patrick Mardock Committee for Reducing of Forfaultures and restoring of Fines Noblemen The Earl of Morton The Earl of Lothian The Earl of Leven Viscount of Kenmuire Lord of Bluntire Lord Torpichen Barons Sir Robert Sinclare Laird of Garthland Laird of Grange Dumbar Laird of Culloden Forbes Laird of Pitliver Laird of Rusco Burroughs Mr. James Smallet Laird of Lewchold Mr. John Murray Mr. Robert Cleeland Mr. John Boswell Sir William Hamilton Thus the Committees being settled and return'd to their several places the high Commissioner according to his priviledge appointed them to meet the next day and so to adjourn from time to time in the intervals of Parliament The Rebels in the mean time though they were narrowly watched by their Majesties Forces had yet made a shift to muster up fifteen hundred choice and select men and were come down and and encamped at the Foot of the Hills near Straithspey in the County of Murray commanded in chief by General Buchan and Colonel Canon and during their stay there had sent orders wherein they resolv'd to burn and destroy all that would not come out joyn with them and assist them of which Sir Thomas Levingstone having timely notice without more deliberation took along with him eight hundred Foot six Troops of Dragoons and two Troops of Horse and with all convenient speed marched towards them and encamped that night near Brody where he was forc'd to attend two whole days the coming of his Baggage Horses On the 30th of April he receiv'd a very good account of the Rebels Camp numbers and posture and resolving to take them napping if possible he immediately Decamps and Marching all that night he made a shift before the break of day to reach Ballagh Castle from whence he could easily discern the Enemies Camp by their Fires and having receiv'd a very good account of the nature of the ground and the danger of the Waters which run along the North side of the Enemies Camp and perceiving a resolution in his Souldiers to engage suitable to his own inclinations he thought fit to let them rest for half an hour and refresh themselves then enquiring about the Fords for there were two whereof one lay within two Musket shot of the Rebels Camp and guarded by a strong party of the Enemy the other was near a mile up the River and left unregarded and secure by the Enemy To this he forthwith marches his Army and in all imaginable silence passes without the least opposition having before left
a mind to obtrude upon the Church of Scotland the English Ceremonies in order to the more easie effecting it so wrought with the Parliament in the year 1617. part by fair and part by fowl means that he brought them to allow the Officers of state to sit as supernumeraries without being chosen into the Committee And by that means he forc'd those Innovations commonly known by the name of the five Articles of Pearth upon the Church of Scotland having by those Supernumerary Officers not only so moulded the Committee of Articles as to pass and present them but thereby laid the Foundation of their being enacted in the House King Charles the First quite overthrew the antient Method of Elections of that Committee For whereas by ancient Law and Custom the Lords were to Elect the Lords the Barons to chuse Barons and the Burghers the Burghers he in his Parliament 1633. assumed a power to himself with a right of consigning it over to his Commissioner to choose eight Bishops whom he empowred to choose eight Noblemen restraining to the said Eight Noblemen and Bishops the power of choosing eight Barons and as many Burghers which together with the Officers of State as Supernumeraries were to be the sole Lords of the Articles exclusive of all others and in these was vested the sole Right and Liberty of bringing in all Motions and Overtures for redressing of Wrongs and of proposing means and expedients for the relief and benefit of the Subject Neither was it by the practice of the late Raigns lawful for any Members that were not of that packt Cabal to make the least proposal or Motion for the repealing of an ill Law or the enacting of a good one For this Reason therefore it was that the Convention represented to the King this Committee of Articles so great a Grievance to the Nation of Scotland and that they insisted so earnestly for ejecting the Supernumerary Officers of State out of it unless legally and fairly Chosen And some there were who urg'd that the very contending for the Officers of State to sit as Supernumeraries in their Committees without being elected into them by the Estates in Parliament was both an Aspersion upon the Wisdom of the Parliament as if they knew not how to pay the respect reverence due to those Officers till compell'd to it and a Reflection upon their Loyalty as if no person could be tender of His Majesties Interest among the Committees of Parliament unless under the Influence of Honours and Emoluments The Parliament therefore having heard the Commissioners plea for not passing the Act with their Amendments ordered their Reasons for the passing it in that Manner to be put in Writing and the draught of a Letter to be sent to His Majesty together with their Reasons to be prepar'd and brought into the House by the Committee for Redress of Grievances which being done accordingly both the one and the other were read and approved with some little alterations and so dispatch'd away for England His Majesty having received the Letter and weigh'd the Reasons was pleased to give new Orders to his Commissioner So that upon the Ninth of July his Grace gave into the House a Letter to the Parliament with the draught of an Act for regulating the Articles in the terms of his Instructions in reference to that Grievance by which he was impowred to increase the number from Eight to Eleven out of every Estate besides the Supernumerary Officers of State and allowing the Parliament to Elect them every Month or oftner as they thought fit and to consider of any Matter in Parliament tho' rejected in the Articles as deeming that since the Committee was now no more a constant Committee he had secur'd the Parliament from believing they could be packt or taken off by the Court and that the number being increased from twenty four to thirty three he had removed all fears that eight Men could over-rule three and thirty But the Parliament adherred to their first draught and therefore falling into the debate of the last draught given in by the Committee they read their own and that together and stated the differences between both But could come to no resolution that day The next day being the 10th of July the Commissioner hoping to put them off from the further pursuit of this Affair moved that the settling Church Government and the Forfeitures might be taken into Consideration but against that some of the Members presently moved That the Affair of the Committees might be first adjusted upon which a debate arose which continued for some time For by this some jealousies arose in the House as if the Commissioners had not gone according to their Instructions in the delivery of the Instrument of Government to the King Which caused the Earl of Argyle to make a request to the House That in regard he had been a Commissioner to make the Offer of the Crown to their Majesties and had accordingly acquitted himself of his Commission but was then commanded into the Service of Their Majesties against the Rebels and knew not when he should return therefore that the Parliament would declare their Approbation of what he had done in the Execution of his Commission But then it was moved that before any such Approbation a paper might be read containing certain Interrogatories to be put to the Commissioners who were sent with the Tender of the Crown Upon which it was ordered That the Instructions given in to those Commissioners should be interrogated upon the Parliaments Instructions or upon the Interrogatories then given in But before the point could be determined the High Commissioner ordered an Adjournment till the next day In the Interim a great Discovery was made publick of a dangerous Conspiracy disclos'd in a Letter bearing date the Sixth of July and directed to the High Commissioner from one that subscribed his name in Characters purporting That the same Night about Six of the Clock he was inform'd of certain ill inclined Persons who assuredly designed some wicked Enterprize what it was he knew not but that the particular Persons of which he had undoubted Intimation were Winster Scot Dunbar at Leith Innes one Telster one Wrywhart with many others as by a subscribed Paper which some of them carried about them would appear That there was one Colonel Wilson Butler and Dunbar with some other English and Irish Officers lurking in Edinborough in Black frier Wine as also Captain Dowglass Kelheads Brother Lees Pringle and several others of which he was surely informed With which he thought it his duty in Conscience to acquaint his Grace That they intended to put their design in Execution within a day or two at farthest He desired his Grace not to despise his Advertisement assuring him it was no story as if neglected would be too sadly experienced That he was almost engaged himself by which means he came to understand the Truth and left the whole to the Care of his Grace's wise