that the Officers and Souldiers should take the Oaths of Allegiance which in Scotland comprehends that of Supremacy Which being done in the Year 1672. when the Cabal at Court for the advancement of Popery and Arbitrary Power was in its Ascendent and Matters were come to a manifest Crisis was a shrewd Argument that L. was deep in the Plot. Nor was his Administration in Church Affairs less grievous and terrible to the Nation For that after the extream Distress where into the Episcopal Persecutions had brought the Country had mov'd the Compassion of some more moderate Persons to obtain for it the ease of a small Indulgence in 1669. L. in 1670. commands Conformity again prohibiting Praying to God in any Meeting or Preaching without Licence under Forfeitures of Life and Confiscation of Goods And by other Acts enjoyning all the Kings Subjects to keep to their own Churches and to make discoveries upon Oath of what Conventicles they knew and what Words they heard spoken therein under the pains of Banishment and Imprisonment All which the People lookt upon to be a Tyranny beyond that of the Inquisition Nor is it in the last place to be omitted that he had also enlarg'd the Power of the Lords of the Articles to the subversion of the Rights and Priviledges of the Parliament So that his Administration was not only Cruel and Tyrannical but he had in a manner over-turn'd the whole Frame of the Scotch Government However after he had thus serv'd and assisted in the Popish and Arbitrary Designs then on Foot both to his own Infamy and greatly to the depopulation of his Country yet because he demurr'd to act on still for the eradication of Protestantism and erecting Popery to be the National Religion he was discharged from his Ministry and Offices and grew despis'd and contemn'd in his Person And then it was that the D. of York retiring into Scotland from the Dangers that threaten'd him in England built upon the Foundations that L. had laid and driving on in the concerns of Popery and Slavery with his wonted Phaetonic Fury thought to have compleated his Work but made way for the following Revolution So soon as the Duke got into Scotland a Parliament was summon'd and great Industry us'd to choose the Commons to cajole some of the Lords and to make D. Hamilton believe and trust the Court for the future And so soon as the Parliament sate the Duke of York entred as his Brothers Commissioner without any regard to the Laws of the Realm or the Qualifications necessary for taking the Oaths However his Brothers Indulgence bore him out and when he was in he obtains the succession of the Crown to be confirmed by an Act and gets a Test pass'd by which all were to swear not to endeavour to alter the Government either in Churh or State and all such as refus'd to take it to lose their Employments This Test was generally dislik'd as not conformable to the Scotch Confession of Faith several of the Scotch Synods rejected it and many of the Laity refused it Among the rest the E. of Argyle declin'd the taking it unless he might make his own Explanation of the sense and meaning in which he took it Which being at first allow'd him by the Duke and his Party yet afterwards when he had deliver'd in his Explantion which was no more then what the Privy Council were forc'd to do for the satisfaction of the People The Duke having a particular Animosity to his Person and resolv'd to remove him out of the way as a Grand Obstacle to his Designs caus'd his Interpretation to be scan'd and sifted to that degree with a particular encouragement to his Advocates to try whether it might not be wrested to Treason that at length a latent piece of High-Treason was found in it upon which he was Indicted Arraign'd and Condemn'd and had been put to death had he not made his escape out of Edinborough Castle Popery then began to triumph bare-fac'd in Scotland to that degree that Mass-Houses were publickly erected both in Edinborough and divers other Towns and Cities of that Realm while the Protestant Non-conformists were every where punished with the utmost severity And such was the Dukes inveterate hatred of those People that in his publick Declarations he stigmatiz'd them as a sort of Caitiffs not fit for Human Converse and scrupl'd not to testifie his Resolutions to eradicate them for refusing to conform to his Will and Pleasure as the Pests of Mankind Affirming withal that it would never be well with Scotland till all the Country on this side the Forth were made a Hunting Field Which Rigorous and indeed Inhuman Proceedings in leaving these poor People at the Mercy of his Souldiers to be not only disturb'd in the Exercise of their Divine Worship but to be Arraign'd and Condemn'd by Military Judges without any Form or Process of Law wholly alienated the Affections of a great part of the Scotch Nation from his Person and Government But the Duke encompass'd with a standing Force and encouraged by his continu'd Success in carrying all things before him thought he could meet with no Obstruction which he could not Conquer and therefore resolv'd to remove what ever Impediments that he found in his way Which run him upon that no less Impolitick then unjust and violent Prosecution of the E. of Argyle for the taking away of whose Life he could find no other pretence but his refusal to take an insnaring Test which the generality of the Clergy and Laity refus'd For if the whole Body of Refusers had had but one Neck he might have cut it off for the same Reason as well as the single Head of the Earl Many others also were prosecuted and condemned at the same rate for Crimes made such for their Destruction rather then that they were really so The citing Sir John Scot of Ancrum and bringing him before the Council upon pretence of Treasonable Words alledg'd against him by an avow'd Enemy and which had certainly done his business considering he was lookt upon as a true Lover of his Country had he not been so fortunate as to have four or five Persons of great Worth and Credit by when the Words were pretended to have been spoken who clear'd and acquitted him The seising and putting to the Torture one Hamilton meerly because he was of the contrary Party and consequently barely suspected who nevertheless after his enduring his Torments with an extraordinary Patience was at length acquitted and declar'd Innocent by the Justice Court The putting under Bail or in Prison almost all the Honest Protestant Worthy Gentlemen or forcing them to abscond or withdraw out of the Kingdom of whom the Lord Melvil was one who never could be induced to act in publick under the Government of the Duke but was forc'd to abandon his Relations and Native Country and flie into Holland where and in Germany he remain'd seven Years The sending away of above sixty Men at
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
Determination Upon this Letter and Information were apprehended and Imprisoned The Duke of Gourdon The Earl of Hume Lord Oxenford Lieutenant Colonel Middleton Lieutenant Colonel Wilson Captain Dowglass Captain James Vawchap Captain Dunbar Captain Butler Laird of Larg Gourdon the younger of Auchentrat Mr. Forrester and Mr. Mill Ministers With several others Officers Souldiers and Tradesmen of lesser note to the number of Eight and Thirty in all It was given out at first that their design was to have seiz'd the Commissioner and Members of Parliament and to have set the City on Fire but by their Examinations and Confessions it did not appear that they had any farther design then to have entered into an Association to go and joyn with Dundee But let their design be what it would the detection was considerable whereby so many desperate people were secured from doing mischief and the enemy disappointed of their succour Nor is it to be wondered that such dark contrivances should be so many times as they are so strangely discovered seeing there is a fate hangs over the Head of all those that conspire against Lawful and Just Authority This short Commotion being over the Parliament met the next day being the Eleventh of July at what time His Majesties Commissioner moved again That Church Government might be taken into Consideration To which some of the Members reply'd That the State of the Nation was first to be settled as being that which would be a means to settle the other And so they entered again upon the Officers of State whither to be of the Committee or No which debate continued long but before it came to a result the Earl of Argyle mov'd again for an Act of Exoneration of His Commission adding withall that he was willing to undergo the strictest scrutiny and examination that could be made Upon which it was urged by a Noble Member of the House That if such an Exoneration were desired by the persons concerned in that affair he might have the Liberty to propose some Interrogatories to the Commissioners before the Act of Exoneration past Upon that Motion His Grace desired first to see the Interrogatories and that the Instructions which were given the Commissioners might be Read Which being agreed to His Grace made another Motion That they might be interrogated upon their instructions and no farther But then it was urg'd by some of the House that the interrogatories might be read which was granted Upon which his Grace made a third Motion that they might be asked whether they had delivered the claim or Petition of Right and other Papers in the same order and method which the Estates had appointed To that the Earl of Argyle answered that the Exoneration which he desired was only for himself and that he was willing to answer any proper interrogatories that could be made to him on that head But then it was that the Kings Advocate apprehending that the Motion aimed at him offered to acquit and clear himself of any thing that might be charged upon him as if he had not acted according to his Instructions and Commission given them by the Estates Others insisted that he might be interrogated upon the Instructions given to the Commissoners To which the Advocate made Answer That he had no reason to decline being interrogated upon those Instructions in regard that the Commission granted to them being their Warrant if he had acted according to that he had sufficiently discharged himself of the Trust by that Commission reposed in him But the debate continued so long upon this point that the farther dispute of it was adjourned till the next day Upon the twelfth of July the Earl of Argyle mov'd again that he might have his Exoneration concerning his faithful discharge of his Commission Upon which it being urg'd that the interrogatories that had been given in the last day to be put to the Commissioners from the Convention might be Read in regard it was alledged that some of them had advised the presenting the Grievances after their Majesties had taken the Oath contrary to the order of the Estates But then the Commissioner put in again and renewed his Motion to the House for taking the business of the Church Government into their consideration precedent to any other matter as His Majesty had been pleased to signifie to them in his Gracious Letter On the other side the Earl of Argyle insisted that his Exoneration might take place in regard it had been first brought before the House and consequently ought to be first dispatched This point was insisted upon and argued by several Members and at length the question being put Whether Church Government or the faithfulness and diligence of the Commissioners should be first considered It was carryed by the plurality of Voices that the House should first proceed to consider of the Latter It was then mov'd that the three Commissioners should withdraw out of the House and each of them should be called in and examined separately upon the discharge of their trust which was agreed to and after much debate upon the method and manner of examining them the Instructions were ordered to be read again together with the Act of the late Convention empowring them to tender the Crown Which being done the debate was resum'd at what time it was urged in behalf of the Lord Advocate that the Commission to the three did bear That they should deliver the Petition of Right and see the Oath taken and declare the Grievances which imply'd the Order and Method which the Advocate had advised them to follow To which it was answered on the other side that the Instructions directed them to deliver both the Petition of Right and the Grievances before the Oath But after much debate before they came to any resolution upon the matter the Commissioner ordered the House to be adjourned till the 17th of July nor was any more done in this affair that we find during this Sessions For the next day the Earl of Argyle having obtained his Commission for Fire and Sword against all that adher'd to Dundee or would not joyn with him in the common defence of the Country to secure it from the irruptions of Dundee began his journey Westward carrying along with him some Troops of Horse and several Detachments to joyn his own men and Followers with several others in that Countrey which were in a readiness to come into him upon his appearing in those parts to secure the Western Coasts in case of any invasion from Ireland or any other Insurrections or Commotions on that side the Countrey Having therefore thus prosecuted in a continued series this same stiffly contested business of the Committees as far as it would go we must now return back for accompt of several other transactions both before as well as during this contention and after it was over Before there was nothing else done but after the Parliament had sent away their Reasons and their Letter in reference to
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
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
But notwithstanding he had thus all in a manner granted him that he desired yet it seems upon certain intelligence of the late Kings Landing in Ireland he thought fit to linger a little longer and therefore sent another message soon after to the Convention and the Magistrates of Edinborough to acquaint them that King James was arrived in Ireland and therefore he would not surrender the Castle to the Estates but would set up King James's Standard and give the usual Volleys of Cannon which he desired them not to be afraid of or offended at and accordingly he fired all his Cannon without Bullets though to the great terrour of those that lay under the Mercy of his Bullets The Duke having thus laid aside all thoughts of surrender the Besiegers went on with their Approaches and the besieged managed their defence the best they could though to give the Duke of Gourdon his due he was so sparing to the City that he did not do the City half the mischief he might have done notwithstanding that the besiegers threw their Bombs into the Castle which strangely dis-figured and ruined the Buildings within it Nevertheless the Duke made no shew of Capitulation since his last Monitory message of the 23d of May till the 30th of the same Month at what time he beat a parly and sent a Letter to the Lord Ross desiring to speak with him about some important Affairs which he had to impart to his Lordship With which the Councill being acquainted gave leave to the Lord Ross to meet the Duke upon the Castle Hill but would not permit him to venture into the Castle but the D. refused to meet him there alledging that he could not come out of the Castle to speak or treat with any Person So that missing his design whatever it were he pretended that the old Registers were damnifyed and therefore desired they might be removed But that the Council refused looking upon it as a contrivance to linger away time to get an opportunity to cover the Bartisons and Roofs of the Houses with Earth besides that in the removal of the Registers Letters and other things might be conveighed to and from the Duke advantages which they were resolved not to allow him Till at length the Duke finding himself straitned on every side and having no hopes of relief besides that he destrusted the Souldiers in the Garrison and saw the Trenches of the Besiegers advanced very near the Walls of the Castle as also dreading the Mines which the besiegers had sunk under the Works upon the 13th of June beat a parley and hung out a White flag but the Officer who commanded in the Leaguer told him plainly he would admit of no parley unless it were to surrender the Castle in regard he had so often deluded them with so many frivolous Treaties to no purpose Upon which the Duke declared that he would surrender the Castle upon Honourable Terms onely he desired to know whither he must Treat with the Officer commanding in the Leaguer or with his Grace the Lord Commissioner This point being settled the Duke of Gourdon insisted to have an Honourable capitulation upon which Commissioners were sent up to Treat with him but while they were debating together with the Duke upon the terms which he propounded at first very high and deemed by the Commissioners to be unreasonable a certain Person ran suddainly into the Castle during the Truce and delivered several Letters to the Duke as it was supposed from Dundee or else the late King in Ireland The Commissioners being informed of this Action require to have the Messenger delivered up to them in regard that no man ought to have come into the Castle upon such Errands without their consent This the Duke refused to do alledging That since the Person came to him he was obliged to protect him Upon which the Treaty being broke off the Garrison fired both with their great and small snot all that night upon the City it self and every other way where they imagined they could do mischeif insomuch that several persons were killed others wounded and some Houses were much prejudiced by the Cannon But the next morning the Duke beat another Parley and hung out a white Flag so that Commissioners were again sent to Treat with Him and this Treaty had so good an effect that the Articles for the surrender of the Castle were agreed and confirmed by the Privy Council to the great joy and satisfaction of all good and honest men but to the great trouble and grief of the disaffected party who trusted much to this strong place as being thought impregnable Articles of Surrender June 13th 1689. I. That Lieutenant-Collonel Windram Lieutenant-Governour of the Castle shall submit himself to King William 's Pleasure his Life being secured And all the rest of the Garison shall have their Lives Liberties and Fortunes secured and Passes granted to those that will take Oaths not to bear Arms against the present Government II. The Garison is allowed to march out with their Swords and Baggage belonging properly to themselves III. That all the Gentlemen-Volontiers Servants and others within the Garison shall have the same Capitulation with the rest of the Garison IV. That all manner of Persons shall have the Benefit of the first Article who have kept Correspondence with the Castle and who have not been in Arms and being at present at Edinburgh or in the same County shall be Indemnified and have the benefit of this Capitulation V. That sick Souldiers shall have the Liberty to dispose of themselves as they think best they behaving themselves as becometh VI. That all the Officers Gentlemen Servants and Soldiers shall have the same benefit which others have they Living peaceably VII A Considerable Post within the Castle shall be immediately how soon security is granted to the Garison for the above-written Articles put in Possession of those Forces under the Command of Major-General Lanier After these Articles were confirmed by the Privy Council the Garison marched to the Hill before the Castle where they laid down their Armes and delivered up the Keys of the Castle many thousands of people being got in heaps together to signifie their joy in loud acclamations and prayers for the preservation and happiness of King William and Queen Mary as being now assured to live safely and quietly and enjoy their Religion Laws Liberties and Properties during their prosperous Government At the same time Three hundred Souldiers under the Command of Lieutenant-Colonel Mackey and Major Somerville marched in and took possession of the Castle which was strangely battered and ruined during the Siege by reason of the great Execution that was done by the Bombs It was said that there was some difference between the Duke of Gourdon the Governour and Lieutenant Colonel Windram who was Deputy-Governour of the Castle the Duke inclining to have delivered it up before but Windram urging still to hold it out However at last the Duke and his party
Innerlochy in Lochaber and until such time that Lochaber were reduced and some Fortifications rais'd for the security of the Garrison in Innerlochy he had the Government of Dunstaffage conferr'd on him he is extreamly well affected to their present Majesties and very exquisitely acquainted with all the methods and ways of the Highlanders as well as the places and it was hoped that in a little time he should be able to give as good account of them as when he was Governour there before and had there a Garrison of about eight hundred men having by his knowledg and industry reduc'd it to a regular compliance with the Laws of the Kingdom His Grace Duke Hamilton was about this time made Lord President of His Majesties Council and first Commissioner of the Great Seal the Council having by the majority of Votes put an end to some former disputes about signing Warrants of Council it being Voted now that the subscription of the President alone should in all Orders and Warrants serve as fully as if they had all Signed it The Countess of Arrol having upon the proffer of the Council Liberty upon her Parol of Honour to be any where within ten Miles of Edinburgh would not agree to it which gave a just occasion to have a guard set upon her 'T is the nature of some people to be peevish and stubborn even when they are best us'd they are uneasie in their natures and discontented for trifles and love to be clashing with Authority we have seen very lately the least dislike even of the known irregularities of the Government sufficient to give one an apprehension of being indicted for High Treason and as the sinfulness of one Reign will not nor ought to be made use of as a President for another to tread the same steps so I must be bold to say that the abuse of Mercy in this ought to be as severely prosecuted against some sorts of people as the abuse of Justice in the other The Highlanders upon the approach of the Summer season according to their usual Customs were now preparing to make incursions upon the borders and forming themselves into a body of four or five hundred made a Descent upon Strathglass and assaulted the Garrison of Erchless which was as I aforementioned kept by about two hundred or less of the Laird of Grants Regiment but by the industry courage and zeal of their old plague Sir Thomas Levinstone who commanded a considerable body of Horse and Foot at Inverness they were forc'd from a strong Hold they were possessed of routed pursued and kill'd and a considerable Booty of Cattel recovered these Rebels or rather Robbers or both seeming even from their only pretending to assert the interest of the late king to partake by way of plague of his ill Fortune Though many people were dissatisfi'd with the several adjournments of the Parliament from time to time from whose Meeting they doubted not of all the satisfaction they had so long gaped after yet now upon the certainty of His Majesties Resolutions to let them sit at the time appointed all their fears and scruples vanished in a moment it being on all hands especially confirm'd that his Grace the Lord Commissioner had full and authentick instructions from His Majesty to redress all Grievances and to settle the Church Government as it should appear most suitable to the Will of God expressed in his Word and to the inclinations and usage of the people And they were much better assured of this when at the opening of the Parliament they had fresh assurances of the same from his Majesties own hand in his Royal Letter dated at Kensington the 18th of April within a week after their Meeting Wherein he assures them That it shall be their own fault if they had not all matters of Church and State settled now upon such sure and lasting Foundations as may render them reciprocally happy in one another during His Reign and in all human probability secure from any the like encroachments they lay under for the future And now the long expected day being come the High Commissioner attended by a splendid Train of Coaches of the Nobility and Gentry and followed by His Majesties Life Guards went from the Palace of Holy Rood House about Eleven of the Clock on the Fifteenth day of April 1690. Where after the usual Ceremonies His Grace deliver'd himself in a most Elegant Speech to this effect That though the pressing Affairs of Ireland requiring His Majesties personal Expedition thither had deprived them of the happiness of his Royal presence as he intended yet such was his regard to the inclinations of the good Subjects of that his Ancient Kingdom that he would no longer delay their Meeting to the end such a settlement might be established to that Nation as might be a real security to its most valuable concerns of True Religion and Just Liberty He put them in mind of the great things His Majesty had done under God for the rescuing them by the eminent danger of his own person and fortunes from Popery and Slavery That as his own Expedition and the necessary Defence they were still to make against the remainder of their implacable Enemies were immensly chargeable so he did not doubt now of their ready concurrence in bearing their just parts in the Expence especially since they were assured that all their contributions would be expended for their own security That as at his first coming his chief aim and design was to relieve them from the oppressions they groaned under so he would be willing to pardon all those that would live peaceably and quietly in their several stations He tells them at last that nothing remains but that they laying aside all animosities and private disputes unanimously fall on to the redressing bad and Enacting good Laws to consider how the eyes of all Christendom are upon them expecting in this juncture especially mighty things from them that now it was fully in their own power to propose the surest remedies could be thought on for their future Peace and Happiness and that his most gracious Majesty was ready and willing to approve them The Earl of Crawford seconded the High Commissioner with a most florid and pious Speech wherein after he had set forth and demonstrated the wonderful works of God in his so signal delivery of them from that deluge of misery that was just breaking in upon them he earnestly presseth them to a sincere reliance on the protection of their Majesties and to evidence a true and hearty zeal for his service but above all he exhorts them to moderation in their disputes and unity in their Counsels that their Enemies may never have reason to ground their hopes on their divisions And lastly he tell them that though they have the misfortune to be at some distance from the person of His Majesty yet that he was assur'd they should ever find the influence and comfortable warmth of his favours and therefore if