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
to be dispensed with such Moderation that the Sentence it self might convince the world that there was not wanting in it both Mercy and Favour That it was not the Goodness or Fertility of the Climate nor the Goodness of the Laws that made a Kingdom happy but their passing through those impure Channels whose Ambition Luxury and Pride rendered them fit Tools for Tyrannical Arbitrary Men that was to be prevented So that if their Lordships did but make it their Duty Honour and Interest to imitate their Religious Prudent Valiant and just Prince and Deliverer the Nation would be the most happy in the World Insomuch that for his part if he could be so Fortunate as to add but one Grain to the Scale of Equity he should esteem it his greatest Advantage and himself overpaid for all the pains he could ever he capable of This Speech of the Earl of Lothian as it was received with a deserved applause by the other Lords and Officers so the Subjects of Scotland in General quickly perceived the difference between the Arbitrary proceedings of the late Reign and the legal and easie administration of Justice since the happy Revolution and the late settlement of the justiciary here a particular instance of this may be seen in the permitting the Lady Castle-Haven to enter a Protestation against a Decree even of the Lords of the Session pronounced in a case before their Lordships betwixt the said Countess and the Lord Collington her son in Law wherein she declared her resolution to seek her remedy in the next ensuing Session of Parliament a Liberty which for many years before has been disallowed and found impracticable by the Scottish Subjects But yet notwithstanding the many signal advantages accruing to this Kingdom by the redress of those Grievances under which they had for several years lay there were found several ill affected persons who both by publick and private practices endeavoured to disturb and bring into confusion the present well settled Government About the beginning of February eighty nine five Gentlemen of the Shire of Angus were apprehended and brought away prisoners for committing a Riot that by the circumstances produc'd and prov'd against them of an Insolence not often parallel'd It seems they being at a Countrey Wedding they amongst other Healths began and drank that of the late King not at the same time omitting some scandalous Reflections on the present management of Affairs and not content with their own crimes were resolved to force others of their Company to a commission of the same and accordingly drawing their Swords set them the to refusers breasts threatning immediate death without their compliance their names were Durham of Omaghie Graham of Duntreath with his two brothers and Guthrick of that Title but being carried before the Privy Council after a full hearing the two first were sentenced and adjudged the one to pay one hundred pounds the other five hundred Marks and to be imprisoned till the payment thereof And now his Majesty having in a Letter bearing date the thirteenth of February intimated his kind acceptance of the Lords of his Privy Councils humble invitation that His Majesty would be pleased to be present at the next Session of Parliament which was to be holden the first of March next ensuing he gives them many reiterated assurances of his Gracious designs and resolutions to perfect the delivery of the Protestant Religion in general from the many dangers and encroachments it lay under and in particular of the Church and Kingdom of Scotland but that upon mature consideration that the many urgent and great matters that concerned the common good of the Protestant interest throughout his Kingdoms and elsewhere did indispensably require him to meet his people of England in a Parliament to be held on the twentieth day of March he thought fit to continue the adjournment of the Parliament of that his ancient Kingdom to some longer time and therefore required them to issue out in his Majesties name a Proclamation for the adjournment of the said Parliament of Scotland from the first to the eighteenth of March ensuing betwixt and which time he would endeavour to lay down such measures and give such instructions to his High Commissioner till his Affairs would permit his own presence as he doubted not would give satisfaction to his people graciously expressing to them that he should always prefer their safety to his own quiet and repose Assuring them that he esteemed the governing by Law to be the greatest and furest of his Prerogatives Upon the receipt of His Majesties Gracious Letter the Privy Council forthwith issu'd their Proclamation in His Majesties name to adjourn the Parliament from the first to the eighteenth of March following About this time one Strachan who was suspected to have held and carryed on a correspondence with the late King James was apprehended at Greenock by a party of the Earl of Argyle's Regiment and brought Prisoner to Endinburgh he was examined before a Committee of the Privy Council to whom after a promise of his Life made to him he confessed all that he knew of the matter he owned he was a Roman Catholick and that he had lately come from Dublin with several Letters Commissions and Papers from the late King which with other things he had delivered to one Gourdon a Regent of Philosophy in the Colledge of Glasgow Gourdon thereupon by the application of the Earl of Argyle was forthwith siezed and brought up to Town and upon search there were several Treasonable Papers and Commissions found about him his contrivance to conceal them was by sowing them up in the soles of his shoes the directions were to several suspected persons and an order to apprehend them was immediately issued forth These Papers were thought to make an ample discovery of the late Kings designs on the Kingdom of Scotland and of most of the persons that were to be made instruments for the bringing them about nor were the publick and hostile endeavours of the Rebels less unfortunate or successful than the private intrigues and managements of some disaffected persons in this Kingdom For Sir Thomas Levingston about the latter end of this Moneth being advertised that several Partys of the Rebels designed to Rendevouze about the Castle of Erchless belonging to the Chisholm of Strathglass he presently orders a detachment of seven Companies of Foot of the Lord Strathnavers Regiment two of the Laird of Grants Regiment two Companies out of the Garrisons of Castlehead and Braan with two Troops of Horse all under the command of Lieutenant Colonel Lumsdane to advance to Strathglass and Erchless with instructions to use Military Execution on all that opposed them and because the Castle of Erchless seem'd to stand convenient for the settling a Garrison which might overawe and restrain the incursions and Robberies of the Highlanders they were order'd to leave a sufficient number for that purpose and to make good the place Upon the first approach of our Forces
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
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