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A58710 The history of the affaires of Scotland from the restauration of King Charles the 2d. in the year 1660, and of the late great revolution in that kingdom : with a particular account of the extraordinary occurrences which hapned thereupon, and the transactions of the convention and Parliament to Midsomer, 1690 : with a full account of the settling of the church government there, together with the act at large for the establishing of it. T. S. 1690 (1690) Wing S164; ESTC R32344 93,166 272

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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
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