notice given with twenty days Provision By this the month of March drew toward a conclusion at what time the President moved that a Committee be named to consider the State of the Government and bring in their opinion for the settling of it Which raised a debate whither the matter should be first treated of in a Committee or not which was carryed in the Affirmative After which the names of the Lords Knights and Burgesses that were to be of this Committee were agreed upon according to the following List of the Nobility The Marq. of Athol E. of Argyle E. of Crawford E. of Sutherland Knights Blare Grant Scot of Hordin Pettiver Burgesses Sir John Hall Sir John Dalrimple Sir Charles Hacket Mr. William Hamilton E. of Louthian Viscount Tarbet Lord Cardross Lord Melvin Dunbar of Grange Orminston Polward Sketmorley Mr. Fletcher of Dund Mr. Moore of Acre Mr. Anderson of Glasgow Mr. Smith of Pearch All which persons were selected into this great Committee by the plurality of Fifty Four Voices more then the fourth part of the Meeting When the President moved that this Committee might be named and eight out of every State were adjudged a competent number the Bishops of which six were then present moved that they might have the Priviledge of a State but they were answered that that point was over-ruled and they must joyn with the Nobility Then the Question was mov'd whither every one of these three Bodies or States the Nobility Knights and Burgesses should distinctly choose their eight but it was carried that every Member of the House should give in a List of twenty four being eight out of every State under their hands and that those that had the most Voices should be chosen which fell to be the Lot of the persons above-named These and some other like struglings of the Bishops against the stream and some other discontents which the Convention observ'd in their behaviour were highly disgusted by the generality of Estates insomuch that although they began to have such a mistrust of them that they made a particular Order that the Bishops in their Prayers should not mention or insinuate any thing against their Acts or Proceedings And this disgust against the Bishops was heightned by another accident which happened at the same time for that while the Convention was Voting Major General Mackay to be General the Arch-bishop of Glasgow desired That all the Bishops might be excus'd in regard the House was then upon a Military concern Upon which one of the Members stood up and declared that the Bishops had got a new sight but that he had seen Military Orders signed by the very same Bishop To which when the Archbishop replyed that the Case was different for that then he was Chairman of the Committee the same Member made answer That he knew no difference in the Cafe but onely those Orders were then against Protestant Dissenters and the Order in question against Papists And this was one reason that they who retain'd a Great Reverence for the Order yet had no kindness for the Persons who were then of it Upon the 30th of March the Grand Committee of Twenty four agreed among themselves the Throne to be vacant but came to a Conclusion in nothing else Some there were who seem'd to incline not to insist so much upon the Head of Desertion or Abdication but on that of Male-Administration Others there were who seem'd desirous that the Crown should not be confirm'd by way of Translation but by succession to the Queen of England and to the King in the Right of a Husband only he to have the Adminstration during life Others were for conferring the Care with a Union of both Kingdoms Others were first for settling the Crown and then for treating of the Union But notwithstanding this diversity of Opinions at length the Earls of Tweddale and Calender and Mr. Hugh Brown being added to the Committee they came to an Agreement and it was referr'd to a Sub-Committee to draw up the Reasons for the Vacancy which being brought into the Grand Committee the same were approv'd and pass'd with a Nemine Contradicente Upon the Fourth of April the Reasons for declaring the Throne vacant were read the last time in the House in the following Terms 1. King James the Seventh being a professed Papist did assume the Regal Power and acted as a King without ever taking the Oath requir'd by the Law whereby every King at his Access to the Government is oblig'd to swear to maintain the Protestant Religion and to Rule the People according to the Laudable Lawes 2. That by the Advice of wicked and evil Counsellors he had invaded the Fundamental Constitutions of the Kingdom and alter'd it from a Legal limited Monarchy to an Arbitrary Despotick Power and by publick Proclamation had asserted an Absolute power to annul and disable all the Lawes and particularly arraigning the Laws that established the Protestant Religion by erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but by converting Protestant Chappels and Churches to Publick Mass-Houses contrary to express Laws against saying and hearing of Mass 3. By disarming Protestants while in the Interim he employ'd Papists in the Places of greatest Trust both Civil and Military such as Chancellors Secretaries Privy Counsellors Lords of Sessions thrusting out Protestants to make room for Papists and by entrusting the Forts and Magazines of the Kingin their Hands 4. By allowing Popish books to be printed and dispersed by a Gift to a Popish Printer to his Majesties Houshold and Chappel contrary to the Laws 5. By taking the Children of Noblemen and Gentlemen sending and keeping them abroad to be bred Papists making great Funds and Donations to Popish Schools and Colledges abroad by bestowing Pensions upon Priests and perverting Protestants from their Religion by offers of places and pensions 6. By Imposing Oaths contrary to Law 7. By giving Gifts and Grants for exacting Money without consent of Parliament or Convention of the Estates 8. By Levying and keeping on foot a standing Army in time of Peace without consent of Parliament 9. By employing Officers of the Army as Judges through the Kingdom and imposing them where there were Heritable Offices and Jurisdictions and by them many of the Lieges were put to death Summarily without Legal Trial Jury or Record 10. By using inhuman Tortures without any Evidence and in Ordinary Crimes 11. By imposing exorbitant Fines to the value of the Parties Estates in exacting extravagant Bail and by disposing of Fines and Forfeitures before any Process or Conviction 12. By causing to pursue and forfeit several persons upon old and obsolete Laws upon frivolous and weak pretences and upon lame and defective probation particularly the Earl of Argyle to the Scandal and Reproach of the Justice of the Nation 13. By subverting the Right of the Royal Burroughs the third of the Estates in Parliament imposing not only the Magistrates but also
Majesty would be pleas'd to turn their Meeting into a Parliament All these Papers being read in their Order His Majesty was pleased to express himself briefly to this effect That at his coming from Holland he had a particular regard to Scotland and had emitted a Declaration for that Kingdom as well as for England which he would make effectual to them That he took it very kindly Scotland had express'd so much Confidence in him and should testifie his sence of it in every thing that might be for its Interest and would be ready to redress all Grievances and prevent the like for the future by good and wholsom Laws The latter part of these words are somewhat alter'd in another Relation of this Important Ceremony though much to the same effect That they should find him Willing to assist them in every thing that concern'd the Weal of that kingdom by making what Laws should be necessary for the security of their Religion Property and Liberty and to ease them of what might be justly grievous to them When the King had made an end of speaking the Coronation Oath was tender'd to their Majesties and distinctly pronounc'd word by word by the Earl of Argyle while their Majesties repeated the Sentences after him holding up their Right Hands all the while according to the Custom of Scotland We William and Mary King and Queen of Scotland faithfully promise and swear by this our Solemn Oath in presence of the Eternal God that during the whole Course of our Life we will serve the same Eternal God to the uttermost of our Power according as he has required in his most Holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his Holy Word and the due and Right Ministration of the Sacraments now receiv'd and preach'd within the Realm of Scotland and shall abolish and gain-stand all false Religion contrary to the same and shall rule the People committed to our Charge according to the Will and Command of God revealed in his above said Word and according to the Loveable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the Vtmost of our Power to the Kirk of God and whole Christian People true and perfit peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Priviledges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and degrees Reif Oppression and all kind of Wrong And we shall Command and procure that Justice and Equity in all Judgements be keeped to all persons without exception as the Lord and Father of all Mercies shall be merciful to Vs And we shall be careful to root out all Hereticks and Enemies to the True Worship of God that shall be convicted by the True Kirk of God of the aforesaid Crimes out of our Lands and Empire of Scotland And we faithfully affirm the Things above-written by our Solemn Oath True it is that the Estates of Scotland had authorized their Commissioners to represent to His Majesty in relation to the Clause in the Oath about the rooting out of Hereticks that the said Clause did not import the destroying of Hereticks for that by the Law of Scotland no man was to be prosecuted for his private Opinion but that even obstinate and convicted Hereticks were only to be denounc'd or outlaw'd Which being represented to His Majesty accordingly when he came to that Clause in the Oath the King declar'd That he did not mean by those words That he was under any Obligation to become a Persecutor To which the Commissioners made answer That neither the meaning of the Oath nor the Law of Scotland did import it Whereupon the King replied That he took the Oath in that sence and called for Witnesses of his so doing the Commissioners and others there present After which Their Majesties concluded the Solemnity by signing the Oath which they had taken The Names of the Commissioners which the Estates of Scotland had made Choice of to treat concerning the Union between the two Kingdoms desir'd in the Letter presented to the King by the Commissioners that deliver'd the Instrument of Government and tendred the Crown and Oath to Their Majesties for so far the Estates had already proceeded in order to that great Affair were The Earls of Argyle Crawford Lowthian Annandale and Tweddale The Lords Ross Cardross and Melvin Barons Skelmorley Ormiston Blackbaronny Racebrigg Polwart Grant Rickartown and Blaire For the Burroughs Sir John Hall Sir J. Dalrimple Sir Char. Hacket Mr. Jam. Ogilvie Provost Fletcher Mr. William Hamilton Mr. John Murray and Provost Muire It seems that before the Address was resolv'd upon for desiring His Majesty to turn the Meeting of the Estates into a Parliament there was some debate whither the King should be address'd to that purpose or else to call a new Parliament Many reasons were urg'd on both sides but in regard that they who were for the Address deliver'd prevail'd the Reasons on that side were onely made publick By which it was alledg'd That because that the present Meeting of the Estates being assembled in a way wholly extraordinary for securing the Protestant Religion and re-establishing the Laws and Liberties of the Kingdom and they having declar'd the Throne Vacant and having also lately conferr'd and settl'd the Crown upon King William and Queen Mary according to the Instrument made for that effect and having likewise agreed upon the Grievances which they expect to be redress'd they ought to be turn'd into a Parliament for the Reasons following First Because the turning of the Meeting into a Parliament was absolutely necessary for attaining the Ends for which it was call'd it being evident that although the Estates had indeed happily laid the Foundations by the settlement they had made yet both the perfecting the Claim of Right and the redressing the Greivances complain'd of did indispensably require a Parliament and by the same Argument of Necessity the turning of the same Meeting into a Parliament in regard the perfecting of that begun work was not to be expected from other hands nor could they in their Circumstances look for it with any probability So that unless the States would incur the Censure of beginning to build but not being able to finish they could not leave the work unaccomplish'd 2. Because their present Circumstances were manifestly such as neither did admit of the delay of calling a new Parliament nor indeed did allow them to hope that new Parliament would perfect the Work begun the imminent threatning of an Invasion from Ireland with the Jealousies and Distractions within the Kingdom being Arguments too palpable to refute the Conceit of calling a new Parliament 3. Because they had the practise of England for a good President
and as plain necessity and Reason had hitherto oblig'd the Convention to tread in their Footsteps so those Motives were at present most cogent for their continuance To this it was objected that the thing could not be done by Law seeing the Estates assembled in their own Right from absolute necessity and having already settl'd and surrender'd the Government they were defunct and dissolv'd and the King could no more turn the Meeting into a Parliament than he could at another time constitute a meeting of Men to be a Parliament without a lawful Summons and the Peoples Choice And moreover That Commissioners for Shires and Burroughs have onely their Commissions in the Meeting of the Estates and not in a Parliament And as for the Case of England that they had Presidents but Scotland had none To all which it was answer'd to begin with the last part first That Scotland had Englands practise for a President but that England it self had no President unless that of 1660. the lameest that ever was heard of for that there having been a Meeting call'd without the King and consisting only of a House of Commons when the King returned he added to it the House of Peers and turned it into a House of Peers without any Summons or other Formality And supposing that England might now alledge that for a President yet that Parliament 1660. had no President at all Secondly That it was true that the Estates by the surrender and settlement were defunct at least as to that point Yet what could possibly hinder why the Estates who had made so great a settlement That for to make all the work effectual King William should presently turn the Meeting into a Parliament For that certainly if the Estates had power as no doubt they had to mould and confer the Government as they had done they had power to do this also and indeed that they could not do it without a visible neglect especially seeing that as yet neither the Instrument nor the Commissioners were dispatched Thirdly Though this should be omitted yet the same reason of State and invincible Necessity the principal support of all their late proceedings did with the same force and Evidence require that the Meeting should be turn'd into a Parliament Fourthly That their could be no defect alledged for the Commissions for Shires and Burroughs but what would more strengthen the Argument against what was already done than against what was craved to be done But that in truth the Commissions were full enough beyond all exception Lastly There could be no Treaty about the Vnion without a Commission from King and Parliament So that unless the Treaty were turned into a Parliament the Treaty must for a long time be delay'd and postpon'd By the event it was evident that these Reasons overcame all Obstructions in this Affair for that within a few days after their Majesties had taken the Coronation Oath the King declared his pleasure for turning the Meeting of Estates into a Parliament and having nominated the Duke of Hamilton his Commissioner upon the last day of May sign'd his Commission And in regard that upon Their Majesties Acceptance of the Crown all Commissions Gifts and other Writs supscrib'd by the King were of necessity to be docketed and countersigned by the Secretary of State the King made choice of the Lord Melvil for that Office as being a Person that could never be induced to act in the former Raigns And in regard it was as necessary for him to have an Advocate he named Sir John Dalrimple one of three Commissioners for offer of the Crown to that Employment Moreover because as King of Scotland it was no less requisite for him to have a standing Privy Council His Majesty made choice of the following Persons to act in that High Station Prince G. of Denm D. of Hamilton Marq. of Douglass Marq. of Athol Earl of Drumlanrigg E. of Argyle E. of Crawford E. of Arrol E. of Marshal E. of Sutherland E. of Glencarn E. of Eglington E. of Cassels E. of Lowthian E. of Annandale E. of Tweddale E. of Leven Earl of Dundannald E. of Kintore Lord Yeasters L. Melvil L. Ross L. Cardross L. Carmichel L. Ruthen The Mast of Forbes The Mast of Melvil Sir James Dalrimple of Staire Sir John Dalrimple Sir John Melland Sir Hugh Campbil of Kaddal Skelmorley Polwart Laird of Grant The Privy Council thus chosen made it their first business to take care for the preservation of the Kingdom for the disturbance of which they had Intimation of several Machinations and Conspiracies Insomuch that about the beginning of June the Lord Tarbot's Son was seiz'd the Lord Levar and the Lord Dunmore committed to Custody with some Ladies also of Quality But while the Privy Council were thus prying into the secrets of these dark designs not being able to make any perfect discovery fifteen Men and two Women issued out of the Castle of Edinborough at that time not surrendred the Men having their Muskets Cockt and well charg'd with a brace of Bullets But they were all taken by the Guards that blockt up the Castle except one Woman that escap'd through the Noreloch and brought to the Duke of Hamilton About the Woman there was taken a Pacquet of Letters with many Keys and particularly the Keys of the outer Gate of the Castle and the Key of the Postern Gate Soon after the Woman that made her escape was also taken with a great many more Letters This seasonable discovery was of great Importance For thereby the Council came to understand who they were that were most deeply concern'd in the designs on foot for overturning the Government and the Methods and Instruments they made use of to bring it to pass Among the rest it was found out that many belonging to the Law were concerned and several of the Ministers that refused to pray for the King and the Queen Among the Ladies the Countess Dowager of Arrol was seized and brought up a Prisoner to Edinborough and committed upon this occasion A certain Messenger going in disguise like a Beggar to Viscount Stormont's House with a bag of Meal upon his Shoulders after he had passed several of the Centinels was at last stopped by one who putting his hand into the Bag among the Meal found several Letters and the sum of fifteen pound Sterling in Gold Those Letters discovered the Correspondent and her Orders for the distribution of the Gold among Dundee's Officers So that the Lady and the Gold were sent up to the Council who committed the Countess to prison and ordered the Gold to be employed for the Service of King William In the midst of these Transactions of the Council upon the 5th of June the Duke of Hamilton acquainted the States with his having a Commission sent him from the King to represent His Majesties person in the first Sessions of the Approaching Parliament and in reference to that particular briefly thus delivered himself That His Majesty had been
that about three hundred of the Rebels were slain and not above thirty of Cleelands men in all and the next day some parties that were sent to the Assistance of those who had fought so bravely going out to scowre the Country found several dead bodies of the Rebels strew'd about the Country which made it believ'd that the Slaughter of the Rebels was much greater than it was said to be This defeat of the whole Body of the Rebels created a great dislike of Colonel Cannons conduct among the Highlanders and so discouraged the whole Party that this defeat being given toward the latter end of August by the tenth of September the Lords of the Council had work enough to receive the Submissions of the Highland Lairds and Heads of Clanns who came in and took the Benefit of the Act of Indempnity as did also the Earl of Callendar Lord Duffus and Lord Levingston who took the Oath of Allegiance and gave security for their peaceable Behaviour And as for Colonel Cannon himself he lost his Reputation among the Highlanders to that degree that after he had long lain lurking about Innerlochy to no purpose they told him to his Face they would not any longer obey his Orders as being a man that neither understood their Language nor had any Interest or Fortune in their Country and in a few Nights after robbed him of all he had breaking open his Trunks and taking away his Cloaths and his Money not sparing his purse of Gold wherein he had fourscore Louis d'Or and two and twenty Guinies So that after such bad Usage he thought it his best way to retreat into Ireland with all the Secrecy he could not believing his Life secure among such a barbarous and Thieving Generation of People but for all that he did not go All this while the common Course of Justice in the usual Trials at Law had been at a stand partly through the combustions occasioned by the Viscount of Dundee partly through the Parliaments insisting upon their priviledge of approving the persons nominated for Lords of the Sessions by the King and the Right of choosing the President which they alleadged was to be done by the Members of the same Court But the Troubles of the Rebellion being over and the Parliament before their Adjournment having sent to know the Kings Pleasure in so weighty a Concern his Majesty sent a Letter bearing date the First of October to his Privy Council by whom all matters of State were now transacted signifying That whereas the Estates of Parliament had thought fit to stop the opening of the Signet for some time till he should signifie his pleasure concerning the Nomination of the Lords of the Session therefore upon serious consideration of the Matter and the great Inconveniencies that would arise to his Subject by so long a surcease of Justice he had resolved to make up a compleat nomination of the Lords of the Session and to have the Signet opened that Justice might have it's Course To which purpose he required and authorised his Privy Council to issue forth a Proclamation to certifie the People that the Sessions would sit at the Ordinary time being the first of November ensuing declaring withal that the Sessions should then sit and proceed in the Administration of Justice and for the dispatch of Processes renewed in His and the Queens name and that the Signet should be open at the same time for the expediting of all Summons and Writs in common Form By the same Letter the Privy Council were ordered to give notice to the Lords that had been formerly nominated whose Oaths had been taken by the Earl of Crawford by His Majesties special Order to give their Attendance for the passing Bills of Suspension and all other Bills according to the common Form And whereas Sir James Dalrimple President of the Colledge of Justice and Sir John Baird whom the King had restored to his place and Mr. Alexander Scomtown of Marsington had been tryed as to their Qualifications required by the Acts of Parliament and were accordingly admitted the Privy Council was therefore commanded to appoint them or any two of them to examine the Qualifications of the other persons nominated by His Majesty and to admit them if they found them qualified according to the Acts of Parliament In pursuance of this Letter a Proclamation was issued forth and the Lord Newbaith being called in before the Privy Council took the Oath of Allegiance as one of the Lords of the Session and at the same time both he the Lords Armstown Crossrig and Mersington were ordered to attend the passing the Bills of suspension and the Lords Newbaith and Mersington appointed to examine the rest of the Lords which had been nominated by the King So that in a few days before the end of October the number of the Lords of the Session was fully compleated and were The Lord Stairs President or Lord Chief Justice Lord Newbaith L. Mersington L. Holcraig L. Armstown L. Crossrig L. Arbruthel L. Philiplaugh Lord Fountain-Hall L. Phesdo L. Presmennen L. Ranhillor L. Anstrather L. Steenstown L. Revelrig About the Beginning of December ensuing the several Great Officers of State received their Commissions For the great Seal The Duke of Hamilton Earl of Argyle and Earl of Southerland For the Treasury The Earl of Crawford Earl of Cassils Earl of Tweddale Lord Ruthven Mr. of Melvin For the Privy Seal Lord Belhaven Master of Burleigh Sir Thomas Barnet of Leighs Laird of Parkhay The Earl of Lowthian was made Justice General or Supreme Judge of the Criminal Court The Laird of Cesnoch Lord Justice Clark or Assistant to the Justice General and Sir John Dalrimple was made Lord Advocate The Lords Aberuchel Rankillor Fountain-Hall Phesdo and Crossrigg were made Commissioners of the Kings Justiciary Which Court being opened the first time since the Revolution upon the Twenty seventh of January the Earl of Lowthian express'd himself in a Learned Speech to this effect In the first place by way of Excuse He acknowledged That when he considered the Hight Station wherein His Majesty had placed him the greatness and weight of the Affair and his own want of Experience and many other unfitnesses nothing so much assur'd him as to see such persons so eminent for their Abilities their Integrity and skill in the Laws and Constitutions of the Kingdom to be Assessors with him in the same Court That nothing could be of more Consequence toward the Establishment of the Crown the Peace and flourishing of the Nation and calming the Minds of the People than the Assurance of Impartial Justice which he was perswaded would by the choice of their Lordships have the desir'd Effects He desir'd not to make reflections upon past Miscarriages otherwise then as to be a Beacon to keep men from making Shipwrack upon the same Rocks That the Corruptions of Mankind did often compel Justice it self to incline more to severity then were to be wish'd yet that it ought
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
effecting of them for the encouraging of their Complices and for the discouraging of all good Subjects have published That the Queen hath brought forth a Son though there have appeared both during the Queens pretended Bigness and in the manner in which the Birth was managed so many just and visible grounds of suspition that not only We our selves but all the good Subjects of those Kingdoms do vehemently suspect that the pretended Prince was never born by the Queen And it is notoriously known to all the World that many both doubted of the Queens Bigness and of the Birth of the Child and yet there was not any one thing done to satisfie them or to put an end to their Doubts And since our dearest and most entirely beloved Consort the Princess and likewise We our selves have so great an interest in this matter and such a Right as all the World knows to the Succession of these Kingdoms which those Men have attempted to violate for preventing of all redress of Miseries by the lawful Successors of the Crown Educated by the good Providence of God in the true profession of the Protestant Religion We cannot excuse our selves from espousing the true interest of these Nations in matters of such high consequence and from contributing all that lies in Vs for the defence of the Laws and Liberties thereof the maintaining of the Protestant Religion in them and the securing the People in the enjoyment of their just Rights But that Our Intentions may be so manifest that no person may doubt or pretend to doubt thereof to excuse themselves from concurring with us in this just Design for the Vniversal Good of the Nation We do Declare that the freeing that Kingdom from all hazard of Popery and Arbitrary Power for the future and the delivering it from what at the present doth expose it to both the setling of it by Parliament upon such a solid Basis as to its Religious and Civil concerns as may most effectually redress all the abovementioned Grievances are the true Reasons of our present undertaking as to that Nation And therefore We perswade Our selves that Our Endeavours to give the best Assistance We can for the Relief of so distressed a Kingdom shall not only not be misconstrued but shall also be accompanied with a chearful and universal Concurrence of the whole Nation that even those who have been Instruments for the enslaving of it will now shew their dislike of what they have done by their timous and seasonable diligence for its rescue And that if any shall not give us that Assistance which their Conscience to God and their Respect to their Country oblige them to they shall be justly charged with all the Evils that may be the effects of such a want of their Duty And as We Our selves desire to trust to the Almighty God alone for the Success of Our Arms so we expect all good Men that they will apply themselves most earnestly to him for his blessing upon Our Endeavours that so they may tend to the Glory of his Great Name to the Establishment of the Reformed Churches and to the Peace and Happiness of that Kingdom Given under our Hand and Seal at our Court in the Hague the Tenth of October in the Year of our Lord 1688. William Henry Prince of Orange By His Highnesses special Command C. HVYGENS So soon as this Declaration came to be divulg'd in Scotland the Generality of the Nation soon concurred to joyn against the common Adversaries of their Laws and Religion and to throw themselves into the Protection of the most generous of Princes whom they saw more sollicitous for their welfare and prosperity then mindful of the Hazards into which he engaged his Person to redeem them from the Yoak of their Oppressors His Highness therefore being arriy'd at St. James's the Scotch Nobility and Gentry waited upon him upon the Seventh of January being the day by his Highness appointed for them to attend him So soon as they came his Highness made them a short Speech to let them know That the only reason which induced him to undergo so great an undertaking was that he saw the Laws and Liberties of the Kingdoms overturn'd and the Protestant Religion in imminent danger and therefore seeing there were in Town so many Noblemen and Gentlemen he had call'd them together that he might have their Advice what was to be done for securing the Protestant Religion and restoring their Laws and Liberties according to his Declaration So soon as his Highness retir'd the Lords and Gentlemen went to the Council Chamber at Whitehall and after they had chosen Duke Hamilton their President they fell into Debate what Advice was fit to be given to his Highness upon those weighty Proposals which he had made them and after some hours Deliberation they agreed upon the Heads of what they intended and appointed the Clerks together with their Assistants to draw up in writing what the Assembly thought expedient to propound to his Highness and to bring it to their next Meeting in the Afternoon The next day being Tuesday the eighth of January the writing was brought into the Assembly of Lords and Gentlemen and after some time spent in considering the fittest way to convene a General Meeting of the Estates of Scotland at length they agreeed and appointed the Advice to be written fair over according to the Amendments But as they were about to depart for that time the Earl of Arran proposed to the rest as his Advice That they should move the Prince of Orange to desire the King to return and call a Free Parliament as being the best way to secure the Protestant Religion and Property and to heal all Breaches which seem'd to dissatisfie the whole Meeting even Duke Hamilton himself though he were Father to the Earl But the Assembly breaking up there was then no farther notice taken of it The next day being Wednesday the ninth of January they met again in the Council Chamber at what time Sir Patrick Hume remembring the Proposal made by the Earl of Arran desir'd to know if there was any person present who would second it But no body appearing to do it he said That what the Earl had propos'd was evidently opposite and injurious to his Highness the Prince of Orange's Undertaking his Declaration and his good Intentions of preserving the Protestant Religion and of restoring their Laws and Liberties therein express'd and further desir'd the Meeting to declare the same to be their Opinion of it The Lord Cardross seconded Sir Patrick Humes's Motion but then it was answered by Duke Hamilton President of the Assembly That their business was to prepare an Advice to be tendred to the Prince and the Advice being then ready to be put to the Vote there was no need that the Assembly should give their Opinion of the Earls Proposal which neither before nor after Sir Patrick's Motion any of the Company had pretended to own or second so that it was
quite out of doors besides that the Vote of the Assembly upon the Advice brought in by their Order would sufficiently decare their Opinion which being seconded by the Earl of Sutherland and the Lord Cardoss Sir Patrick acquiesced in it and so the Assembly unanimously Voted the following Advice To His Highness the Prince of Orange WE the Lords and Gentlemen of the Kingdom of Scotland assembled at your Highness's Desire in this extraordinary Conjuncture do give your Highness our humble and hearty Thanks for your pious and generous Vndertaking for preserving of the Protestant Religion and restoring the Laws and Liberties of these Kingdoms In order to the attaining these ends our humble Advice and Desire is That Your Highness take upon You the Administration of all Affairs both Civil and Military the Disposal of all the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing every thing that is necessary for the Preservation of the Peace of the Kingdom until a general Meeting of the States of the Nation which we humbly desire your Highness to call to be holden at Edinborough the Fourteenth day of March next by your Letters or Proclamation to be published at the Market Cross of Edinborough and other Head Boroughs of the several Shires and Stewarties as sufficient Information to all concern'd and according to the Custom of the Kingdom And that the publication of these your Letters or Proclamation be by the Sheriffs or Steward-Clerks for the Free-holders who have the value of Lands holden according to Law for making Elections and by the Town-Clerks of the several Boroughs for the meeting of the Burgesses of the respective Royal Boroughs to make their Elections at least fifteen days before the meeting of the Estates at Edinborough And the respective Clerks to make Intimation thereof at least ten days before the meeting of the Elections And that the whole Elections and Members of the said meeting at Edinborough qualify'd as above express'd be Protestants without any other exception or limitation whatsoever to deliberate and resolve what is to be done for securing the Protestant Religion and restoring the Laws and Liberties of the Kingdom according to Your Highness's Declaration Dated at the Council-Chamber in Whitehall the Tenth day of January 1689. This Advice being subscribed by above Thirty Lords and Fourscore Gentlemen was presented they being all present by Duke Hamilton their President at St. James 's to his Highness the Prince of Orange who return'd them Thanks for the Trust which they had reposed in him but desir'd some time to consider upon so important an Affair Upon the Fourteenth of January His Highness met the same Lords and Gentlemen again at St. James's at what time he thus delivered himself My Lords and Gentlemen IN pursuance of your Avice I will until the Meeting of the States in March next give such Orders concerning the Affairs of Scotland as are necessary for the calling of the said Meeting for preserving of the peace the applying of the publick Revenue to the most pressing Vses and putting the Fortresses into the hands of persons in whom the Nation can have just confidence And I do further assure you that you will always find me ready to concur with you in every thing that may be found necessary for the securing the Protestant Religion and restoring the Laws and Liberties of the Nation At the same time the Eal of Crawfourd made it his Suit to His Highness that himself the Earl of Louthian and others who came to Town since the Advice was presented might have the Liberty to subscribe it also which was done accordingly This Answer of his Highness gave great satisfaction to the Lords and Gentlemen who tendered the Advice so that every thing being prepared in order to the Elections and the several Members being returned according to the Methods prescribed the Convention consisting of the Lords Spiritual and Temporal and Commons of the Kingdom of Scotland assembled at Edinborough the Fourteenth day of March all in one House according to the custom of that Realm The Bishop of Edinborough said Prayers in which he prayed to God to have compassion upon King James wherein he did well had he not gon on with his Supplications to restore him however it shewed the Temper of the Man Upon the choosing of their President and Clerks the Bishops and some others were for the Marques of Aihol to have been President but Duke Hamilton carried it by Forty Voices The first thing they took into consideration was the security and safety of their Sitting in regard the City of Edinborough where they sat was then at the mercy of the Canon of the Castle which was in the hands of the D. of Gourdon a Roman Patholick Thereupon they passed an Act That in regard the Duke of Gourdon and some others of the Popish Religion under him entrusted with the keeping of the Castle of Edinborough were not qualified by the Law of this Kingdom they did therefore grant a Warrant to the Earls of Lothian and Tweddale to repair immediately to the Castle of Edinborough and require both Him and others of his Perswasion there in the Name of the States of the Kingdom to remove out of the said Castle within twenty four Hours after the Intimation and to leave the charge thereof to the next Commanding Officer being a Protestant And he and they doing the same the Estates gave assurance that he and they were and should be exonerated and secured as to any thing they have acted in that or any other Station contrary to Law as being Papists While those Lords were doing their duty in pursuance of the Act of the Convention the Meeting of Estates went on and in the first place named a Committee of Elections consisting of Fifteen that is to say five out of each State This gave an occasion to a debate Whither the Lords Spiritual were a distinct Estate or only a part of the same Estate with the Lords Temporal But in regard the House inclined to the Negative the debate was let fall However by the naming of this Committee the people began to make a Judgment of the Meeting for that of Fifteen which were of it at least twelve were shrewdly supposed to be inclined to follow the methods of England besides that the Houses rejecting a Protestation made against the Earl of Argyle 's sitting among them till his fathers Attainder should be reversed was no small confirmation of what the people conjectured But nothing more availed to give the people a true notion of the Noble designs of the Meeting then the following Speech which was spoken by a Member at the opening of the Convention which being so well received as it was was a clear evidence that they were not met to favour the Interest of King James WE are now said the Gentleman called together by His Highness the Prince of Orange to Consult and deliberate what methods will be most proper to secure our Religion Laws
in the Garison prevailed which hastened the surrender Windram in the hurry was endeavouring to have made his escape but being discovered was brought back to the Castle for which he had no small reason to bless his kind Stars for that if he should have fallen into the hands of the Rabble in all probability they would have torn him to pieces every body looking upon him as the cause that the Castle held out so long and of all the mischiefs that hapned during the Seige It was also reported that the Duke of Gourdon after the surrender of the Castle solemnly declared that during the time of the Siege he never received any Letter from the late King During this Blokade and siege of the Castle many affairs were transacted and brought to perfection in Order to the settlement of the Government Among other things the Convention appointed a Committee to draw up an Answer to the King of Englands Letter which being done and the draught of it being read and approved of by the House it was signed by all the Members that were present except three Bishops the rest of the Bishops having before withdrawn themselves from the Convention And as for some others that were not present the Duke of Queensbury the Marquiss of Athol and the Earl of Tweddale desired that the Letter might be sent to their Lodgings to be signed in regard their indisposition of body would not permit them to come to the House But though the three Bishops refused to approve of the Letter the day before yet the next day they agreed that the Lord Ross should be the bearer of it to present it to the King of England At what time the Question being put whi Sir Patrick Hume of Polwart might be admitted a Member of the House notwithstanding his Attainder the three Bishops left the House so that after they had unanimously Voted that Sir Patrick was duly chosen and ought to sit as a Member of the Convention the House were forced to rise that Night without prayers This refusal of the Bishops to approve of the Letter occasion some of the Members to call to mind a passage when the Bishops in the beginning of the Convention vigorously opposed the Convention's approving of the Address of the Nobility and Gentry at London to His Highness the Prince of Orange upon which one of the Members made this Observation That it was no wonder the Bishops opposed the approving the London Address and refused to sign the Letter to the King of England since the House had been so unkind as not to approve of the Bishops famous Address to the late King James The Paper being therefore agreed upon without their consent the Lord Ross was made choice of to deliver to the King It was called an Answer of the Convention of Scotland to the King of England's Letter in these Words May it please your Majesty AS Religion Liberty and Law are the dearest Interests of Mankind so the deep sence of the great hazzards these were exposed to must produce sutable Returns from this Kingdom to your Majesty whom in all sincerity and gratitude we acknowledge to be under God our great and seasonable Deliverer And we heartily congratulate that as God has honoured your Majesty to be an Eminent instrument for the preservation of his Truth so he hath rewarded your endeavours with success and blessed us with deliverance We do likewise acknowledge your Majesties Goodness and care in accepting the Administration of the Publick Affairs of this Kingdom and calling the Estates and we return our most dutiful Thanks to your Majesties Gracious Letter We intend to take every part of it into our consideration and we hope shortly by the Blessing of God to fall upon such Resolutions as may be acceptable to your Majesty and may secure the Protestant Religion and establish the Government Liberties and Laws of the Kingdom upon solid Foundations most agreeable to the interest and genius of the Nation As to the Proposal of the Vnion we doubt not but your Majesty will so settle that matter that there may be an equal Meeting and readiness in the inclination of England We hope the perfecting that great work so often attempted in vain hath been reserved to your Majesty We have hither and shall avoid and lay aside all Animosities or Prejudice which may disturb or impede the Vnity and Considence of our Counsels that as we design the publick good so it may be done with the General Concourse and Approbation of the Nation In the mean time we humbly intreat the Continuation of your Majesties Care and Protection to us in all our Concerns whereof the Kindness expressed in your Royal Letter gives us full Assurance We do pray the Almighty God who has fitted and raised you up to be a Defence to the Protestant Religion always to protect and preserve your Majesty Subscribed in our Name the Estates of the Kingdom of Scotland by our President Hamilton This Answer being thus dispatched away for England the Convention judging it most necessary in the first place to secure the Peace of the Kingdom against all attempts of the dis-affected Party and Favourers of the late Kings Arbitrary designs gave order to Sir John Hall Mr. George Stirling and Mr. William Hamilton or any two of them to see the Oath Administered to such as had any Military office in and about Edinburough and to bring in an Accompt of such Arms as were in the several Garrisons And whereas several persons were seen coming Arm'd from the Borders of England therefore the respective Magistrates and Officers of the Militia in the Bordering Counties were ordered to seize such persons in Arms until they gave a good accompt of their business or if they could give no good accompt of themselves that the Magistrates or Officers who should seize such persons should have their Horses and Arms for their Reward At the same time also they gave their approbation of an Order given by the Earl of Tweddale in January to William Drummond for the delivery of Forty barrels of Powder to Mr. Hamilton Merchant of London-derry for the use of the Protestants in Ireland and ordered farther that the President should have power to dispatch such persons as he should judge necessary either for Ireland or such other places as the Present exigency of affairs required Nor were they less vigilant in giving out their Commands for the securing all suspected Persons and keeping of strong Guards in Sea-port Towns and at all the Bridges Ferries and other Passes throughout the Kingdom With these debates fell in at the same time a long consultation about giving Orders in reference to the Militia which took up some time for the naming of Trusty Officers and appointing places for the Musters within the several Counties and care was taken to provide that the Souldiers at those Musters should continue six dayes together in the exercise of their Arms and after that should be ready to march upon
become them under the Present Government This Proclamation occasioned the Deprivation of several Ministers and the loss of their Livings for their contempt of the Commanding Authority And so obstinate they were in their contumacy that being cited before the Committees of the Convention and afterwards before the Privy Council many of them not onely refused to pray for King William and Queen Mary but some acknowledged that they had held correspondence and kept intelligence with Dundee Which dis-affection of the Ministers to their present Majesties was more particularly observed in the Diocess of Murray of which one Dr. Hay was Bishop a notable stickler for the late King James for which he was deprived not only of his Bishoprick but of his Benefice of Elgen In this Diocess there were some so inveterate against the Government of the Estates that when the Proclamation of the Convention came to their hands instead of reading it they were so insolent as to throw it into the fire and yet in the foregoing Reigns none so rigorous none greater persecutors of those that yielded not implicite obedience to their Impositions even to the ruin of the most worthy of their Parishioners And thus among others they served the Laird of Boody a Gentleman that never had been at Conventicle in his Life nor ever absented himself from his Parish Church if in the Country and in health Yet because his Lady who had labored long under a lingring disease which had brought her so low that she could not stir abroad was so unfortunate as not to be able to give her attendance at Divine Service the Gentleman by the Information and practises of the Neighbouring Clergy was fined in 2 Thousand pound sterling almost to the ruine of his Affairs and Family and part of the Fine as it was said bestowed upon the Scotch Colledge in Paris Nor was this dislike of the Proceedings of the Convention confined within the Clergy only there were other Malecontents that were laying the Foundations of new Commotions by holding correspondence with the late King in Ireland from whence they were in hopes of great Assistance These Machinations were in part discovered by the seizing of one Brady and Grenoch near Glasgow in his return from Ireland About him were taken several Letters and other Writings more particularly one Letter from the late King and another from the E. of Melfort to Viscount Dundee and the E. of Belcarris referring to Letters formerly Written by them and sent by one Sir Kennedy The substance of the Letters were That the late King had forty Thousand men in Ireland and that he would speedily be in a condition to send them a formidable Assistance that in the mean time he could spare them five thousand foot a hundred Horse and a hundred Dragoons desiring them withal to send an exact accompt of the Countrey and how the Gentry and people stood affected He also farther required them to summon together as many of the Bishops and Burgesses as they could to hold a Convention in his Name As for Melfort he was very crank in the Letters telling his Friends that he hoped to be merry with them once more in Scotland and to have his losses repaired out of the Estates of Forefaulters and declared that he would destroy all the Members of the Convention but as for the Commonalty he was resolved to make them Gibeonites Hewers of Wood and Drawers of Water for the Roman Catholicks the only Israelites indeed Upon reading these Letters the Lord Belcarris Lord Lochore and Lieutenant Collonel Balfore were committed to prison and others put to find good security These fruitless designs and petty strugglings of a gasping Party did but serve to make the Convention more vigilant and to hasten the settlement of the Kingdom So that the Instrument together with the Letters from the Estates to their Majesties and the Instructions to the Commissioners being by this time all ready the E. of Argyle Sir James Montgomery and Sir John Dalrimple the Commissioners were sent away Post with a Tender of the Crown to King William and Queen Mary The Commissioners being arrived at London upon the Eleventh of May met in the Council Chamber at VVhite-hall From whence being attended by most of the Nobility and Gentry then about the City they were conducted by Sir Charles Cottrell Master of the Ceremonies to the Banquetting House where their Majesties with a great Attendance of persons of Quality were prepared to receive them sitting on their Thrones under a Rich Canopy and the Sword being born before them by the Lord of Cardross The Commissioners being entered after the Ceremony of a solemn Obeysance the Earl of Argyle before he presented the Letter from the Meeting of the Estates thus delivered himself May it please your Majesty IT cannot be unknown in how sad and deplorable a Condition the Kingdom of Scotland was not many Months ago The Liberty and Property of the Subject quite destroyed either upon pretence of Law without any Ground or by such Laws as were designed and calculated for inslaving us Our Religion exposed and laid open to be ruined by the Treachery of our Clergy as well as by the complyance of our Rulers And so far had their Popish and Arbitrary designs run us that we were very nigh past hopes of a Recovery when it pleased God to raise up your Majesty to be the Glorious Instrument of Retrieving our Religion Liberty and Property from the very brink of Ruin It is from the Grateful and Dutiful sence and unexpected delivery as well as to the respect due to the blood of their ancient Monarchs that the Estates of Scotland have Commissionated us to make an humble tender to your Majesty and your Royal Consort of that Crown and Kingdom with the firm perswasion and assurance of this rooted in their hearts That the care of Religion Liberty and Property could be no where so well lodged as in the hands of your Majesties their great and Glorious deliverer After the Earl of Argyle had thus expressed himself he presented to the King the Letter following which being delivered back again by His Majesty was read by Mr. Eliot Secretary to the Commissioner purporting THat the settling of the Monarchy and ancient Government of the Kingdom admitting no delay they did upon the Eleventh of April Proclaim His Majesty and His Royal Consort King and Queen of Scotland with so much unanimity that of the whole House there was not one contrary Vote That they had nominated the Earl of Argyle Sir James Montgomery of Skelmorly and Sir John Dalrimple the younger of Stair in their Name to attend Their Majesties with the cheerful offer of the Crown and humbly to present the Petition or Claim of Right of the Subjects of the Kingdom as also to represent some things found grievous to the Nation which they humbly intreated his Majesty to remedy by wholesom Laws in the first Parliament And in Testimony of his Majesties and the Queens Acceptance they
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
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
the Rebels became shame-fac'd and turn'd their backs flying with all the precipitancy imaginable to the Hills and their other Fastnesses leaving us a considerable booty of all sorts of Provision and Forrage for Man and Horse together with some hundreds of Bolls of Oats intended for the use of the Earl of Dumferling At our departure from hence there were left four Companies of Foot under the command of Major Mackay and now the time for the Sitting of the Parliament drawing on we had several flying discourses that the Honourable the Lord Mellvill Secretary of State was preparing hither from England under no less a Character 't is thought than Lord High Commissioner for the ensuing Sessions of Parliament though for sometimes seem'd to hang in dispute between his Grace Duke Hamilton and his Lordship yet the speedy Arrival of his Lordship put it out of all doubt and upon the opening of his Commission he was forthwith Declared High Commissioner for the ensuing Session and accordingly made his entrance into the Town of Edinburgh with a Magnificence suitable to that Character being attended with the Nobility and Gentry and the Kings Guards to his lodging after which Ceremonies the Council sat where his Lordship intimated His Majesties pleasure to them to issue out a Proclamation for the farther adjournment of the Parliament from the eighteenth to the twenty seventh of March instant which was by proclamation adjourn'd accordingly About this time there were four promoted to the dignity of Earls of this Kingdom viz. The Lord Mellvin created Earl of Rith Lieutenant General Dowgiass was created Earl of Dundee Sir James Dalrimple of Stair Lord President of the Sessions was made Earl of Hare and Major General Mackay was made Earl of The Lord High Commissioner with his Majesties most Honourable Privy Council about this time taking into their serious consideration how much the good and welfare of the Kingdom of Scotland depended on the unanimous and wise Counsels of the ensuing Parliament thought fit about this time to issue out their Orders for a day of Humiliation and a general Fast to be held and observed in the South parts of Scotland by all people both in Meeting Houses and Churches to send up their humble supplications and prayers for his blessing on the proceedings of the ensuing Session which was most Religiously and devoutly observ'd in all places and indeed considering the several distractions about matters of Religion in general and particularly about Church Government that had for many years by grievous fits broken out and rag'd in that Government it could not but provoke the most zealous prayers and wishes of that people for the prosperous agreement and good Resolurions of a Parliament on which they look'd as resolv'd to settle matters as they should be found most agreeable and suitable to the genius and inclination of that Kingdom The Rebels all this time received fresh disappointments every day and their Army still dwindled into small inconsiderable parties several of their Friends of Note forsook them and the promises of recruits and assistance of Arms and Ammunition fail'd them Colonel Buchan had gone for Ireland a good while agone from them and though he had promised them speedily to return with sufficient supplies yet they could hear no news of him several of the Highland Clans refus'd to joyn with them and amongst them Sir Donald mac Donald of Sclate who was a man of great interest among them Several that were making their escapes to Dublin to the late King were taken on the Coast of the North of Ireland amongst which were two Sons of the Provost of Bell of Glasgow one Forrester a Clergy-man and one Dunbar that was Gunner in the Castle of Edinburgh when it was summoned by the Estates in the Names of their Majesties King William and Queen Mary all these persons having been obnoxious to the present Government last year by their Plots and Conspiracies to disturb the peace and raise War in the Kingdom were apprehended and laid in Goal and being guarded up to Town by the Earl of Eglinton's Regiment of Horse were brought before the Privy Council and upon their promises of living peacefully hereafter and making what discoveries they could at present they were by their Lordships clemency bail'd and set at liberty The Countess Dowager of Arrol who had been apprehended and sent Prisoner to Dumbarton Castle upon an accusation of her holding Treasonable correspondence with the late King James and others their present Majesties profess'd Enemies was now also upon her petition removed to Edinburgh Castle The Lord Belcarras was bail'd out also who was one that was taken in the North with the Lord Oliphant and Auchintrat all three Roman Catholicks Thus the Government by all the mild applications and endeavours strove to reduce all parties that seem'd disaffected to the happy change that was wrought in this Kingdom or at least to leave them without excuse or complaint that may or shall afterwards be inflicted on them for their obstinacy and wicked perseverance in any of their aforesaid crimes About the latter end of this month of March and within three or four days of the time appointed by his Majesty for the Sitting of the Parliament His Majesty was pleased to signifie again by His Letter His Royal Will and Pleasure for the farther adjournment of the Parliament to the fifteenth day of April next ensuing The Letter was in substance to this purpose That the earnest desire he had of bringing all the counsels and deliberations of the Parliament to a happy close and as much to the general satisfaction as could be had prevail'd with him upon mature considerations to defer the time of their meeting for a small time until some few businesses before them were so prepar'd and some interests so adjusted and disposed as that the unity of their Counsels thereafter might be an encouragement to all good men and an utter disappointment to those who were Enemies as well to them as himself and who endeavoured nothing more than to satisfie their vain hopes by some seeming probabilities of breeding Divisions amongst them That since the urgency of his other Affairs had deprived him of the satisfaction of being himself amongst them for the present he had till a more favourable opportunity should present recommended to them the E. of Mellvill from whose good qualifications he doubted not of those methods that might remove the causes of their evils with their effects and from whose Wisdom he hoped they would find matters so prepar'd for their consideration as should bring his Subjects to that Concord and Unity in his Service as should make that Meeting be called the Happy and Healing Parliament Upon this Letter of his Majesty the Privy Council immediately issu'd their Proclamation for the adjournment of the Parliament to the time aforesaid In the mean time our Army prosecuted the Rebels with vigour and continual success and Colonel Hill was by His Majesties Commission Constituted Governour of