in the Garison prevailed which hastened the surrender Windram in the hurry was endeavouring to have made his escape but being discovered was brought back to the Castle for which he had no small reason to bless his kind Stars for that if he should have fallen into the hands of the Rabble in all probability they would have torn him to pieces every body looking upon him as the cause that the Castle held out so long and of all the mischiefs that hapned during the Seige It was also reported that the Duke of Gourdon after the surrender of the Castle solemnly declared that during the time of the Siege he never received any Letter from the late King During this Blokade and siege of the Castle many affairs were transacted and brought to perfection in Order to the settlement of the Government Among other things the Convention appointed a Committee to draw up an Answer to the King of Englands Letter which being done and the draught of it being read and approved of by the House it was signed by all the Members that were present except three Bishops the rest of the Bishops having before withdrawn themselves from the Convention And as for some others that were not present the Duke of Queensbury the Marquiss of Athol and the Earl of Tweddale desired that the Letter might be sent to their Lodgings to be signed in regard their indisposition of body would not permit them to come to the House But though the three Bishops refused to approve of the Letter the day before yet the next day they agreed that the Lord Ross should be the bearer of it to present it to the King of England At what time the Question being put whi Sir Patrick Hume of Polwart might be admitted a Member of the House notwithstanding his Attainder the three Bishops left the House so that after they had unanimously Voted that Sir Patrick was duly chosen and ought to sit as a Member of the Convention the House were forced to rise that Night without prayers This refusal of the Bishops to approve of the Letter occasion some of the Members to call to mind a passage when the Bishops in the beginning of the Convention vigorously opposed the Convention's approving of the Address of the Nobility and Gentry at London to His Highness the Prince of Orange upon which one of the Members made this Observation That it was no wonder the Bishops opposed the approving the London Address and refused to sign the Letter to the King of England since the House had been so unkind as not to approve of the Bishops famous Address to the late King James The Paper being therefore agreed upon without their consent the Lord Ross was made choice of to deliver to the King It was called an Answer of the Convention of Scotland to the King of England's Letter in these Words May it please your Majesty AS Religion Liberty and Law are the dearest Interests of Mankind so the deep sence of the great hazzards these were exposed to must produce sutable Returns from this Kingdom to your Majesty whom in all sincerity and gratitude we acknowledge to be under God our great and seasonable Deliverer And we heartily congratulate that as God has honoured your Majesty to be an Eminent instrument for the preservation of his Truth so he hath rewarded your endeavours with success and blessed us with deliverance We do likewise acknowledge your Majesties Goodness and care in accepting the Administration of the Publick Affairs of this Kingdom and calling the Estates and we return our most dutiful Thanks to your Majesties Gracious Letter We intend to take every part of it into our consideration and we hope shortly by the Blessing of God to fall upon such Resolutions as may be acceptable to your Majesty and may secure the Protestant Religion and establish the Government Liberties and Laws of the Kingdom upon solid Foundations most agreeable to the interest and genius of the Nation As to the Proposal of the Vnion we doubt not but your Majesty will so settle that matter that there may be an equal Meeting and readiness in the inclination of England We hope the perfecting that great work so often attempted in vain hath been reserved to your Majesty We have hither and shall avoid and lay aside all Animosities or Prejudice which may disturb or impede the Vnity and Considence of our Counsels that as we design the publick good so it may be done with the General Concourse and Approbation of the Nation In the mean time we humbly intreat the Continuation of your Majesties Care and Protection to us in all our Concerns whereof the Kindness expressed in your Royal Letter gives us full Assurance We do pray the Almighty God who has fitted and raised you up to be a Defence to the Protestant Religion always to protect and preserve your Majesty Subscribed in our Name the Estates of the Kingdom of Scotland by our President Hamilton This Answer being thus dispatched away for England the Convention judging it most necessary in the first place to secure the Peace of the Kingdom against all attempts of the dis-affected Party and Favourers of the late Kings Arbitrary designs gave order to Sir John Hall Mr. George Stirling and Mr. William Hamilton or any two of them to see the Oath Administered to such as had any Military office in and about Edinburough and to bring in an Accompt of such Arms as were in the several Garrisons And whereas several persons were seen coming Arm'd from the Borders of England therefore the respective Magistrates and Officers of the Militia in the Bordering Counties were ordered to seize such persons in Arms until they gave a good accompt of their business or if they could give no good accompt of themselves that the Magistrates or Officers who should seize such persons should have their Horses and Arms for their Reward At the same time also they gave their approbation of an Order given by the Earl of Tweddale in January to William Drummond for the delivery of Forty barrels of Powder to Mr. Hamilton Merchant of London-derry for the use of the Protestants in Ireland and ordered farther that the President should have power to dispatch such persons as he should judge necessary either for Ireland or such other places as the Present exigency of affairs required Nor were they less vigilant in giving out their Commands for the securing all suspected Persons and keeping of strong Guards in Sea-port Towns and at all the Bridges Ferries and other Passes throughout the Kingdom With these debates fell in at the same time a long consultation about giving Orders in reference to the Militia which took up some time for the naming of Trusty Officers and appointing places for the Musters within the several Counties and care was taken to provide that the Souldiers at those Musters should continue six dayes together in the exercise of their Arms and after that should be ready to march upon
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
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
far humbled as from a proud insulting Enemy to become a Suppliant for Peace well foreseeing that if England joyn with those other Princes whom his Insolence Cruelty and Avarice have so justly Arm'd against him his ruine is inevitable Lastly I beseech you consider what persons they are that would instill this poyson into yee Either such as postponing the Common Good of the Nation are wholly acted by Self-Interest considering that in a Government where Justice and Mercy equally flows Vertue and Merit not Villany will be rewarded Or such as being ignorant of the Nature of Government never examin'd what measures the Law of Nature and Nations have set to Mens Obedience Or such as have been Instrumental toward the enslaving their Country and are afraid if they be call'd to an Account that they must be brought to condign Punishment If such cannot succeed in their designs they hope at least to be overlookt in the General Confusion and if Heav'n fail them they summon Hell to their Aid Not that Love to their Prince but Interest drives those Criminals to such Attempts so that 't is no wonder they take so much pains to sow Division among us But no person of Wit and Judgment nor any good Man truly Protestant will suffer himself to be so grosly imposed upon by such Firebrands who would build their future Imaginary Greatness on the Ruine of our Religion Laws and Countrey Being thus settled to their business for the greater security of their Sitting because of the vast concourse of People from all parts of the Kingdom who were generally arm'd it was thought requisite for the prevention of tumult and disorder to Command all persons from the Town that were not Inhabitants or Retainers to the Members of the Convention In the mean time the Lords having acquitted themselves of their Commission the following Paper was sent from the Duke of Gourdon and read the next day in the Meeting wherein he gave them to understand That he was willing to comply with the Commission he received by the Earles of Lothian and Tweddale as to his removal from the Castle of Edinborough though he could not do so as a Papist that being dangerous and he not convicted For that he hoped that his being in Employment without taking the Test contrary to an Act of Parliament was no Conviction of Popery To this he added That he had received not long ago a Letter from the Prince of Orange desiring he would leave the Castle which he promis'd to do but expected some reasonable things to be first granted to himself and Garrison He hop'd he had not merited so ill of his Country as that he might not be trusted with the Castle until a Return came to that Letter which he expected every Hour But if that could not be granted barely on his promise not to molest or harm any Person especially those of that Illustrious Assembly He proffer'd Hostages of Bayl to the value of Twenty Thousand Pound Sterling for his Peaceable Deportment Otherwise he expected before his removal First a General Indemnity for himself and Friends both Protestants and Papists as likewise absolute security for their Lives and Fortunes in time coming and assurance the same should be ratify'd in the next Parliament Secondly Security for all Protestants in the Garrison who design to stay in it to continue in their Employments and for himself and those who should go out with him either Protestants or Papists to go beyond Sea or to remain within the Kingdom as their occasions should lead them Lastly That the Garrison should be paid off all by-gone Arrears and have Liberty to dispose of their Goods within the Castle as they pleas'd The Convention was quick in their Reply and agreed upon certain Resolves which were sent away forthwith to the Duke to this effect That the Meeting of Estates having consider'd the Paper given in and subscrib'd by the Duke of Gourdon in Answer to their Order did declare That it was not the Mind of the Meeting that the Dukes officiating as Governour of the Castle of Edinborough or any other Imployment or his quitting his command at that time should import any acknowledgment or Conviction against him or those under his Command of his or their being Papists That it was likewise resolved That the Covention would not allow of the Dukes keeping the Castle upon Promise Bail or Hostages until he got a Return of the Letter written by him to the Prince of Orange Then it was farther Resolved That the Indempnity offered by the Meeting of the Estates should only extend to those belonging to the Garrison and their Servants either Protestants or Papists that the Persons who were to have the benefit of the said Indempnity should be named expresly if the Duke desir'd it and that the Indempnity to be granted by the Meeting should have a Clause Inserted that it should be ratified in the next Parliament And as to the last Article It was moreover Resolved That those of the Garrison who were pleased to retire with the Duke should have leave either to go out of the Kingdom or stay in it as they should think fit and should have Liberty to dispose of their Goods and have safe Conduct granted them for that Effect if the same were desired before the dissolution of the Meeting of the Estates But that they should not take out with them any Arms Ammunition or Store but what they should make out to belong properly to themselves And lastly That it was agreed by the Convention That the Officers and Soldiers should be paid their Arrears Nevertheless that the Meeting refused to give them Assurance of their being continued in Employment But notwithstanding these Condescentions for the Convention was willing to have bin rid of such a suspitious Neighbour at any Honourable rate the Duke of Gourdon who was not ignorant of their Fears return'd an Answer to these Resolves so full of new and Extravagant Demands that the Convention was fully satisfied that the Duke was only trifling with them as he had done with His Majesty of England to gain time For King William and Queen Mary had bin Proclaim'd at London ever since the Thirteenth of February before So that the Convention perceiving the Dukes design which was to keep off in expectation of some Attempts which would be made in Scotland in behalf of the late King James and of which he was desirous to see the Issue They order'd the Heralds with the usual Solemnities to Summon him to surrender the Castle under the Penalty of Treason and to proclaim him Traytor in case of refusal and to forbid all people to have any Correspondence with him Which was accordingly performed and Orders also given to block up the Castle Soon after a Letter was deliver'd to the Convention by one Crane who went under the Notion of a servant to the late Queen in France But the Lord President acquainted the Members at the same time that there was a Letter also
become them under the Present Government This Proclamation occasioned the Deprivation of several Ministers and the loss of their Livings for their contempt of the Commanding Authority And so obstinate they were in their contumacy that being cited before the Committees of the Convention and afterwards before the Privy Council many of them not onely refused to pray for King William and Queen Mary but some acknowledged that they had held correspondence and kept intelligence with Dundee Which dis-affection of the Ministers to their present Majesties was more particularly observed in the Diocess of Murray of which one Dr. Hay was Bishop a notable stickler for the late King James for which he was deprived not only of his Bishoprick but of his Benefice of Elgen In this Diocess there were some so inveterate against the Government of the Estates that when the Proclamation of the Convention came to their hands instead of reading it they were so insolent as to throw it into the fire and yet in the foregoing Reigns none so rigorous none greater persecutors of those that yielded not implicite obedience to their Impositions even to the ruin of the most worthy of their Parishioners And thus among others they served the Laird of Boody a Gentleman that never had been at Conventicle in his Life nor ever absented himself from his Parish Church if in the Country and in health Yet because his Lady who had labored long under a lingring disease which had brought her so low that she could not stir abroad was so unfortunate as not to be able to give her attendance at Divine Service the Gentleman by the Information and practises of the Neighbouring Clergy was fined in 2 Thousand pound sterling almost to the ruine of his Affairs and Family and part of the Fine as it was said bestowed upon the Scotch Colledge in Paris Nor was this dislike of the Proceedings of the Convention confined within the Clergy only there were other Malecontents that were laying the Foundations of new Commotions by holding correspondence with the late King in Ireland from whence they were in hopes of great Assistance These Machinations were in part discovered by the seizing of one Brady and Grenoch near Glasgow in his return from Ireland About him were taken several Letters and other Writings more particularly one Letter from the late King and another from the E. of Melfort to Viscount Dundee and the E. of Belcarris referring to Letters formerly Written by them and sent by one Sir Kennedy The substance of the Letters were That the late King had forty Thousand men in Ireland and that he would speedily be in a condition to send them a formidable Assistance that in the mean time he could spare them five thousand foot a hundred Horse and a hundred Dragoons desiring them withal to send an exact accompt of the Countrey and how the Gentry and people stood affected He also farther required them to summon together as many of the Bishops and Burgesses as they could to hold a Convention in his Name As for Melfort he was very crank in the Letters telling his Friends that he hoped to be merry with them once more in Scotland and to have his losses repaired out of the Estates of Forefaulters and declared that he would destroy all the Members of the Convention but as for the Commonalty he was resolved to make them Gibeonites Hewers of Wood and Drawers of Water for the Roman Catholicks the only Israelites indeed Upon reading these Letters the Lord Belcarris Lord Lochore and Lieutenant Collonel Balfore were committed to prison and others put to find good security These fruitless designs and petty strugglings of a gasping Party did but serve to make the Convention more vigilant and to hasten the settlement of the Kingdom So that the Instrument together with the Letters from the Estates to their Majesties and the Instructions to the Commissioners being by this time all ready the E. of Argyle Sir James Montgomery and Sir John Dalrimple the Commissioners were sent away Post with a Tender of the Crown to King William and Queen Mary The Commissioners being arrived at London upon the Eleventh of May met in the Council Chamber at VVhite-hall From whence being attended by most of the Nobility and Gentry then about the City they were conducted by Sir Charles Cottrell Master of the Ceremonies to the Banquetting House where their Majesties with a great Attendance of persons of Quality were prepared to receive them sitting on their Thrones under a Rich Canopy and the Sword being born before them by the Lord of Cardross The Commissioners being entered after the Ceremony of a solemn Obeysance the Earl of Argyle before he presented the Letter from the Meeting of the Estates thus delivered himself May it please your Majesty IT cannot be unknown in how sad and deplorable a Condition the Kingdom of Scotland was not many Months ago The Liberty and Property of the Subject quite destroyed either upon pretence of Law without any Ground or by such Laws as were designed and calculated for inslaving us Our Religion exposed and laid open to be ruined by the Treachery of our Clergy as well as by the complyance of our Rulers And so far had their Popish and Arbitrary designs run us that we were very nigh past hopes of a Recovery when it pleased God to raise up your Majesty to be the Glorious Instrument of Retrieving our Religion Liberty and Property from the very brink of Ruin It is from the Grateful and Dutiful sence and unexpected delivery as well as to the respect due to the blood of their ancient Monarchs that the Estates of Scotland have Commissionated us to make an humble tender to your Majesty and your Royal Consort of that Crown and Kingdom with the firm perswasion and assurance of this rooted in their hearts That the care of Religion Liberty and Property could be no where so well lodged as in the hands of your Majesties their great and Glorious deliverer After the Earl of Argyle had thus expressed himself he presented to the King the Letter following which being delivered back again by His Majesty was read by Mr. Eliot Secretary to the Commissioner purporting THat the settling of the Monarchy and ancient Government of the Kingdom admitting no delay they did upon the Eleventh of April Proclaim His Majesty and His Royal Consort King and Queen of Scotland with so much unanimity that of the whole House there was not one contrary Vote That they had nominated the Earl of Argyle Sir James Montgomery of Skelmorly and Sir John Dalrimple the younger of Stair in their Name to attend Their Majesties with the cheerful offer of the Crown and humbly to present the Petition or Claim of Right of the Subjects of the Kingdom as also to represent some things found grievous to the Nation which they humbly intreated his Majesty to remedy by wholesom Laws in the first Parliament And in Testimony of his Majesties and the Queens Acceptance they
Jurisdiction given to Bishops The 1. Act of 21. Parl. of K. J. 6. concerning the Ratification of the Acts of the Assembly at Glasgow Anno 1610. and the 1. and 2. Acts of the 22. Parl. of K. J. 6. Anno 1617. concerning the Archbishops and Restitution of Chapters and the 1. Act of the 23. Parl. of K. J. 6. An. 1621. about the Ratification of the Articles of the assembly of Perth And all Acts and Constitutions whatever prejudicial to the Church-Government by General Provincial and Presbyterial Assemblies and Kirk-Sessions or so far as they are in favour of Archbishops Bishops Abbots Priors or other Prelates whatever c. or in favor of the civil places and power of Church-men their ruling and voting in Parliament c. by vertue of their Titles or any other pretence whatever c. And all other Acts inconsistent with this present Act. Concluding with an appointment of the Time and Places for the first meeting of the Presbyterial Assemblies and empowring them to choose their Moderator with orders to give him the Oath of Allegiance and to return the Oath taken and subscrib'd to the Clerks of the Privy Council The Act presented by the Lord Cardross was the same for the settling the Church Government by General Assembles Presbyters and Provincial Synods but made no mention of rescinding the many Acts mention'd in the Lord Commissioners draught It was the same for restoring the deprived Ministers but differed in the addition of Clauses for sentencing and depriving all that gave not Obedience to the Act against the owning the late King It also made void all Patronages and Presentations to Churches an Intolerable servitude upon the Church of God with all Laws made in favour of them and particularly the 9th Act of the 1. Parl. of Charles the Second Nevertheless that the Tithes of the said Churches whereof the Patronages were abolished should belong to the Patrons and be inserted in their Infeoffments in lieu of the said Patronages with the burden always of the Ministers Right and Stipend There was also another Clause for suspending all Ministers called Conform Ministers who entered by and still continued under the Prelacy from the Exercise of any part of the Presbyterian Government only that they might continue to exercise their Pastoral Charge within their respective Parishes and hold their Kirk-Sessions for Discipline therein till farther order Declaring in the last place that their Majesties and the Estates would with all conveniency take the advice of such Ministers as were known to be of the Presbyterian Perswasion and by their advice lay down such methods as should be judged most effectual for purging the Church of all Scandalous Erroneous insufficient and disaffected persons and providing for the particular Churches with able and well qualified Ministers and establishing the Exercise of the Presbyterian Government according to the true intent of the Act. While the settling the Church Goverment was thus in debate an Address presented from the Presbyterian Ministers and Professors to the Kings Commissioner was by him given into 〈◊〉 House and there read upon the 〈◊〉 of July Wherein after they had made all due acknowledgements to God and his Majesty for their wonderful and unexpected deliverance from the Great Oppressions which they had suffer'd under the Cruelty and Ambition of the Prelacy of that Kingdom they humbly beseech the Commissioner and the Estates of Parliament seeing the King had declared and their Lordships with him had zealously appeared for the Protestant Religion That they would be graciously pleased by their Civil Sanction to establish and ratifie the late Confession of Faith with the larger and shorter Catechisms which contained the Substance of the Doctrine of the reformed Churches the directory of Worship and Presbyterial Church Government all agreeable to the Word of God and formerly received by the General Consent of the Nation And in regard that Prelacy and all who had entered under Prelacy had been imposed upon the Church without her Consent in any of her free General Assemblies and that Presbyterian Government could not be safe in the hands of those who were of contrary Principles therefore they humbly petitioned that the Church Government might be established in the hands of such only who by their former carriage and sufferings were known to be sound Presbyterians and well affected to His Majesties Government and that those Ministers yet alive who were thrust from their Churches might be restored They also pray that they might be allowed by Civil Sanction to appoint Visitations for the purging out of insufficient and scandalous Ministers and that Patronages which had their Rise from the most corrupt and latter times of Christianism might be abolished and the Church establish'd upon its former good foundations confirmed by many acts of Parliament 1560. And that all Acts ratifying Ceremonies and imposing Punishments upon Presbyterians for Non-conformity might be abolish'd and lastly that their Lordships would take care that learned sound and Godly men might be put into the Universities and Seminaries of Learning humbly submitting to their Lordships wisdom the method of considering and effectuating these their desires But neither did either of the two draughts please neither could the farther consideration of the Address be at that time entered upon For the House had made an order the day before by reason of a Letter from the King to the Privy Council and a Proclamation thereupon by them issued forth for opening the Signet not to proceed any farther in the affair of Church Government till the Letter and Proclamation were considered that in the mean time there should be a stopt put to the opening of the Signet Only they were so farr willing to gratifie the Addressers that they Voted and approved an Act for restoring Presbyterian Ministers to their Churches which was presented by Sir William Hamilton To this effect That whereas in pursuance of the Claim of Right Prelacy c. was abolished and that many Ministers of the Presbyterian perswasion since the first of January 1661. had been deprived of their Churches or banished for not Conforming Therefore their Majesties with advice of the Estates ordained that those Ministers should forthwith have free access to their Churches and exercise the Ministry in those Parishes without any new call thereto and enjoy the benefits and stipends thereto belonging with som reserve to the incumbent of the last years rent as if the Churches were not vacant But then the business of the Lords of the Sessions coming on the Question was put Whither the Nomination of the Lords of the Sessions made by His Majesty in case of a Total vacancy required the Authority of Parliament And whither it were requisite by the consitution of the Colledge of Justice that the President of the Session should be Elected by the Lords of the Session These two Points occasioned a long debate at the end of which the draught of an Act was brought in declaring the methods of naming and admitting the
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
from His Majesty of England Upon which a Debate arose about the reading of the Letters at what time the Earl of Lothian mov'd That since they were met at the Desire of his Majesty of England they ought to give his Letter the Precedence which being put to the Vote was carried in the affirmative and the King of England 's Letter was read the Contents of which were as follow The Direction was To the Meeting of the Estates of Scotland My Lords and Gentlemen WE are very sensible of the Kindness and Concern which your Nation has evidenced toward Vs and Our Vndertaking for the preservation of your Religion and Liberty which were in such imminent Danger Neither can we in the least doubt of your Considence in Vs after having seen how far so many of your Nobility and Gentry have own'd our Declaration countenancing and concurring with us in our Endeavours and desiring Vs that We would take upon us the Administration of Affairs Civil and Military and to call a Meeting of the Estates for securing the Protestant Religion and the Ancient Laws and Liberties of that Kingdom which accordingly we have done Now it lies on You to enter upon such Consultations as are most probable to settle You on sure and lasting foundations which We hope you will set about with all convenient speed with regard to the publick Good and to the General Interest and Inclinations of the People that after so much Trouble and great Suffering they may live happily and in Peace and that you may lay aside all Animosities and Factions that may impede so good a Work We were glad to find that so many of the Nobility and Gentry when here in London were so much inclin'd to a Vnion of both Kingdoms and that they did look upon it as one of the best means for procuring the Happiness of both Nations and settling of a lasting Peace among them which would be advantagious to Both they living in the same Island having the same Language and the same common Interest of Religion and Liberty especially at this Juncture when the Enemies of both are so restless endeavouring to make and increase Jealousies and Divisions which they will be ready to improve to their own Advantage and the Ruin of Britain We being of the same Opinion as to the usefulness of this Vnion and having nothing so much before our Eyes as the Glory of God Establishing the Reformed Religion and the Peace and Happiness of these Nations are resolv'd to use Our Vtmost Endeavours in advancing every thing that may conduce to the effectuating the same So we hid you Heartily Farwell From our Court at Hampton the seventh day of March 1689. His Majesties Letter being thus read the next debate was whither the late King James 's Letter should be read or no. And here to remove all Heats and disputes the Lord Lothian again stept up and propounded an Expedient to which the House agreed That is to say that before the reading of it they should pass an Act which should be subscribed by all the Members That For as much as there was a Letter from King James the Seventh presented to the Meeting of the Estates That they before the Opening thereof declar'd and Enacted That notwithstanding of any thing that might be contain'd in that Letter for dissolving them or impeding their Procedure yet that they were a Free and Lawful Meeting of the Estates and would continue undissolved until they had settled and secur'd the Protestant Religion the Government Laws and Liberties of the Kingdom This Act was sign'd by the whole Meeting except only six or seven and then the following Letter was opened and read overwritten James Rex My Lords and Gentlemen WHereas we have been inform'd that You the Peers and Representatives of the Shires and Boroughs of that our Ancient Kingdom who are to meet together at our good Town of Edinborough some time in this Instant March by the Usurp't Authority of the Prince of Orange We think fit to let you know That we have at all times rely'd upon the Faithfulness and Affection of You our Ancient People so much that in our greatest Misfortunes heretofore we had recourse to your Assistance and that with good success to our Affairs So now again we require of you to support our Royal Interest expecting from you what becomes Loyal and Faithful Subjects Generous and Honest Men that will neither suffer your selves to be cajol'd nor frighted into any Action misbecoming true-hearted Scotchmen And that to support the Honour of the Nation you will contemn the base Example of Disloyal Men and Eternize your names by a Loyalty sutable to the many Professions you have made to us in doing whereof you will choose the safest part since thereby you will evite the danger you must needs undergo the Infamy and Disgrace you must bring upon your selves in this World and the Condemnation due to the Rebellious in the Next and you will likewise have the Opportunity to secure to your selves and your Posterity the gracious Promises which we have so oft made of securing your Religion Laws Properties and Rights which we are still resolved to perform as soon as it is possible for us to meet you safely in a Parliament of our Ancient Kingdom In the mean time fear not to declare for Us your Lawful Soveraign veraign who will not fail on our part to give you such speedy and powerful Assistance as shall not only enable you to defend your selves from any Foreign Attempt but put you in a Condition to assert our Right against our Enemies who have depressed the same by the blackest of Usurpations the most unjust as well as most unnatural of all Attempts which the Almighty God may for a time permit and let the Wicked prosper yet then must bring Confusion upon such Workers of Iniquity We farther let you know that we will pardon all such as shall return to their Duty before the last day of this Month Inclusive and that we will punish with the Rigor of our Lawes all such as shall stand out in Rebellion against Us or our Authority So not doubting that you will declare for us and suppress whatever may oppose our Interest and that you will send some of your number to us with an Accompt of your diligence and the Posture of our Affairs We bid you Heartily Farewell Given on Board the St. Michael March the First 1689. By His Majesties Command Melfort This Letter being directed to Persons at that time sitting who either lay under the Ignominy of his Attainders or had else severely otherwise suffered either themselves or their nearest Relations the dilacerating stripes of his Tyrannical severity could not so soon forget the anguish of their Sufferings as to be sugar'd up into a Reconciliation by the fair Promises of a Person that had lost the Reputation of being true to his Publick Word Besides that there was so little Majesty in the Style of the Letter
besought their Majesties in the presence of the persons by them sent to swear and sign the Oath at the same time presented which the Law had appointed to be taken by their Kings and Queens at their Entry to their Government till such time as the Great Affair should allow that kingdom the happiness of their presence in Order to Their Coronation That they were most sensible of His Majesties Kindness and Fatherly care in both his Kingdoms in promoting their Union which they hop'd had been preserv'd to be accomplish'd by him that as both Kingdoms were united in one Head and Soveraign so they might become one Body Politick one Nation to be represented in one Parliament And to testifie their Readiness to comply with the King in that matter they had nominated Commissioners to treat the Terms of one entire and perpetual Union betwixt the two Kingdoms with reservation to them of their Church Government as it should be establish'd at the Time of the Union Which Commissioners waited onely for His Majesties Approbation and Call to meet and treat with the Commissioners to be appointed for England at what time and place His Majesty should appoint And that if any difficulty should arise upon the Treaty they did on their part refer the determination thereof to His Majesty Moreover that they did assure themselves from His Majesties Prudence and Goodness of a happy conclusion to that Important Affair so that the same might be agreed to and ratified by His Majesty in the first Parliament That they did render likewise to His Majesty their most Dutiful thanks for his gracious Letter brought them by the Lord Râ—ss a Person well affected to his Service and for his Princely care in sending down those Troops which might in the mean time help to preserve them and when the season offer'd might be imploy'd toward the Recovery of Ireland from that deplorable Condition and extream danger to which the Protestants were expos'd Farther That as it was the Interest of England to contribute to secure Scotland from the Common danger so they should not be wanting on their parts to give their Assistance for the reducing of Ireland that all Their Majesties Kingdoms might flourish in Peace and Truth under the Auspicious Influence of their Happy Reigns The Letter of which this was the full substance being thus read the Instrument of Government or the Claim of Right together with the Paper of Grievances which the Estates desired might be redressed and which were afterwards added to the Instrument were presented to the King and being deliver'd back by his Majesty were read in Order by the Secretary Which Instrument of Government imported That whereas James the Seventh being a professed Papist did assume the Regal Power and act as a King without ever taking the Oath required by Law whereby every King at his Access to the Government was oblig'd to swear to maintain the Protestant Religion and to Rule the People according to the Laudable Laws and by the Advice of wicked Counsellors did invade the Fundamental Constitutions of the Kingdom of Scotland and alter'd it from a Legal limited Monarchy to an Arbitrary and Despotick Power and in a publick Proclamation asserted an Absolute power to annul and disable all Laws particularly by arraigning the Laws establishing the Protestant Religion and exerted that Power to the subversion of the Protestant Religion and to the Violation of the Laws and Liberties of the Kingdom By erecting publick Schools and Societies of the Jesuits and not only allowing Mass to be publickly said but also converting Protestant Chappels and Churches to Publick Mass-Houses contrary to the express Law against saying and hearing of Mass By allowing Popish books to be printed and disâ—â—â—sed by a Patent to a Popish Printer designing him Printer to his Majesties Houshold Colledge and Chappel contrary to Law By taking the Children of Protestant Noblemen and Gentlemen sending them abroad to be bred Papists and bestowing Pensions on Priests to pervert Protestants from their Religion by offers of Places and Preferments By disarming Protestants while at the same time he employ'd Papists in Places of greatest Trust both Civil and Military c. and intrusting the Forts and Magazines in their Hands By Imposing Oaths contrary to Law By exacting Money without consent of Parliament or Convention of Estates By Levying and keeping up a standing Army in time of Peace without consent of Parliament and maintaining them upon Free Quarter By employing the Officers of the Army as Judges throughout the Kingdom by whom the Subjects were put to death without Legal Trial Jury or Record By imposing â—â—orbitant Fines to the value of the parties Estates exacting extravagant Bail and disposing Fines and Forfeitures before any Process or Conviction By imprisoning Persons without expressing the Reason and delaying to bring them to Trial. By causing several persons to be prosecuted and their Estates to be forfeited upon stretches of old and forfeited Laws upon weak and frivolous pretences and upon lame and defective Proofs as particularly the late Earl of Argyle to the Scandal of the Justice of the Nation By subverting the Rights of the Royal Burroughs the Third Estate of Parliament imposing upon them not only Magistrates but also the whole Town Council and Clerks contrary to their Liberties and express Charters without any pretence of Sentence Surrender or Consent So that the Commissioners to Parliaments being chosen by the Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament Besides that many of the Magistrates by him put in were Papists and the Burroughs were forc'd to pay Money for the Letters imposing those Illegal Magistrates upon them By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop sine die but also commanding them how to proceed in cases depending before them contrary to the express Laws and by changing the nature of the Judges Patents ad vitam or Culpam into Commission de bene placito to dispose them to a complyance to Arbitrary Courses and turning them out of their Offices if they refus'd to comply By granting personal Protections for Civil Debts contrary to Law All which were Miscarriages of King James utterly and directly contrary to the known Laws Freedoms and Statutes of the Realm of Scotland Upon which Grounds and Reasons the Estates of the Kingdom of Scotland did find and declare That King James the Seventh being a profest Papist did assume the Regal Power c. as at the beginning whereby he had forfeited the Right of the Crown and the Throne was become vacant Therefore in regard his Royal Highness then Prince of Orange since King of England whom it pleas'd God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power by advice of several Lords and Gentlemen of the Scotch Nation then at London did call the Estates of this Kingdom to meet upon the Fourteenth of March last in order to
Majesty would be pleas'd to turn their Meeting into a Parliament All these Papers being read in their Order His Majesty was pleased to express himself briefly to this effect That at his coming from Holland he had a particular regard to Scotland and had emitted a Declaration for that Kingdom as well as for England which he would make effectual to them That he took it very kindly Scotland had express'd so much Confidence in him and should testifie his sence of it in every thing that might be for its Interest and would be ready to redress all Grievances and prevent the like for the future by good and wholsom Laws The latter part of these words are somewhat alter'd in another Relation of this Important Ceremony though much to the same effect That they should find him Willing to assist them in every thing that concern'd the Weal of that kingdom by making what Laws should be necessary for the security of their Religion Property and Liberty and to ease them of what might be justly grievous to them When the King had made an end of speaking the Coronation Oath was tender'd to their Majesties and distinctly pronounc'd word by word by the Earl of Argyle while their Majesties repeated the Sentences after him holding up their Right Hands all the while according to the Custom of Scotland We William and Mary King and Queen of Scotland faithfully promise and swear by this our Solemn Oath in presence of the Eternal God that during the whole Course of our Life we will serve the same Eternal God to the uttermost of our Power according as he has required in his most Holy Word reveal'd and contain'd in the New and Old Testament and according to the same Word shall maintain the True Religion of Christ Jesus the Preaching of his Holy Word and the due and Right Ministration of the Sacraments now receiv'd and preach'd within the Realm of Scotland and shall abolish and gain-stand all false Religion contrary to the same and shall rule the People committed to our Charge according to the Will and Command of God revealed in his above said Word and according to the Loveable Laws and Constitutions received in this Realm no ways repugnant to the said Word of the Eternal God and shall procure to the Vtmost of our Power to the Kirk of God and whole Christian People true and perfit peace in all time coming That we shall preserve and keep inviolated the Rights and Rents with all just Priviledges of the Crown of Scotland neither shall we transfer nor alienate the same That we shall forbid and repress in all Estates and degrees Reif Oppression and all kind of Wrong And we shall Command and procure that Justice and Equity in all Judgements be keeped to all persons without exception as the Lord and Father of all Mercies shall be merciful to Vs And we shall be careful to root out all Hereticks and Enemies to the True Worship of God that shall be convicted by the True Kirk of God of the aforesaid Crimes out of our Lands and Empire of Scotland And we faithfully affirm the Things above-written by our Solemn Oath True it is that the Estates of Scotland had authorized their Commissioners to represent to His Majesty in relation to the Clause in the Oath about the rooting out of Hereticks that the said Clause did not import the destroying of Hereticks for that by the Law of Scotland no man was to be prosecuted for his private Opinion but that even obstinate and convicted Hereticks were only to be denounc'd or outlaw'd Which being represented to His Majesty accordingly when he came to that Clause in the Oath the King declar'd That he did not mean by those words That he was under any Obligation to become a Persecutor To which the Commissioners made answer That neither the meaning of the Oath nor the Law of Scotland did import it Whereupon the King replied That he took the Oath in that sence and called for Witnesses of his so doing the Commissioners and others there present After which Their Majesties concluded the Solemnity by signing the Oath which they had taken The Names of the Commissioners which the Estates of Scotland had made Choice of to treat concerning the Union between the two Kingdoms desir'd in the Letter presented to the King by the Commissioners that deliver'd the Instrument of Government and tendred the Crown and Oath to Their Majesties for so far the Estates had already proceeded in order to that great Affair were The Earls of Argyle Crawford Lowthian Annandale and Tweddale The Lords Ross Cardross and Melvin Barons Skelmorley Ormiston Blackbaronny Racebrigg Polwart Grant Rickartown and Blaire For the Burroughs Sir John Hall Sir J. Dalrimple Sir Char. Hacket Mr. Jam. Ogilvie Provost Fletcher Mr. William Hamilton Mr. John Murray and Provost Muire It seems that before the Address was resolv'd upon for desiring His Majesty to turn the Meeting of the Estates into a Parliament there was some debate whither the King should be address'd to that purpose or else to call a new Parliament Many reasons were urg'd on both sides but in regard that they who were for the Address deliver'd prevail'd the Reasons on that side were onely made publick By which it was alledg'd That because that the present Meeting of the Estates being assembled in a way wholly extraordinary for securing the Protestant Religion and re-establishing the Laws and Liberties of the Kingdom and they having declar'd the Throne Vacant and having also lately conferr'd and settl'd the Crown upon King William and Queen Mary according to the Instrument made for that effect and having likewise agreed upon the Grievances which they expect to be redress'd they ought to be turn'd into a Parliament for the Reasons following First Because the turning of the Meeting into a Parliament was absolutely necessary for attaining the Ends for which it was call'd it being evident that although the Estates had indeed happily laid the Foundations by the settlement they had made yet both the perfecting the Claim of Right and the redressing the Greivances complain'd of did indispensably require a Parliament and by the same Argument of Necessity the turning of the same Meeting into a Parliament in regard the perfecting of that begun work was not to be expected from other hands nor could they in their Circumstances look for it with any probability So that unless the States would incur the Censure of beginning to build but not being able to finish they could not leave the work unaccomplish'd 2. Because their present Circumstances were manifestly such as neither did admit of the delay of calling a new Parliament nor indeed did allow them to hope that new Parliament would perfect the Work begun the imminent threatning of an Invasion from Ireland with the Jealousies and Distractions within the Kingdom being Arguments too palpable to refute the Conceit of calling a new Parliament 3. Because they had the practise of England for a good President
a mind to obtrude upon the Church of Scotland the English Ceremonies in order to the more easie effecting it so wrought with the Parliament in the year 1617. part by fair and part by fowl means that he brought them to allow the Officers of state to sit as supernumeraries without being chosen into the Committee And by that means he forc'd those Innovations commonly known by the name of the five Articles of Pearth upon the Church of Scotland having by those Supernumerary Officers not only so moulded the Committee of Articles as to pass and present them but thereby laid the Foundation of their being enacted in the House King Charles the First quite overthrew the antient Method of Elections of that Committee For whereas by ancient Law and Custom the Lords were to Elect the Lords the Barons to chuse Barons and the Burghers the Burghers he in his Parliament 1633. assumed a power to himself with a right of consigning it over to his Commissioner to choose eight Bishops whom he empowred to choose eight Noblemen restraining to the said Eight Noblemen and Bishops the power of choosing eight Barons and as many Burghers which together with the Officers of State as Supernumeraries were to be the sole Lords of the Articles exclusive of all others and in these was vested the sole Right and Liberty of bringing in all Motions and Overtures for redressing of Wrongs and of proposing means and expedients for the relief and benefit of the Subject Neither was it by the practice of the late Raigns lawful for any Members that were not of that packt Cabal to make the least proposal or Motion for the repealing of an ill Law or the enacting of a good one For this Reason therefore it was that the Convention represented to the King this Committee of Articles so great a Grievance to the Nation of Scotland and that they insisted so earnestly for ejecting the Supernumerary Officers of State out of it unless legally and fairly Chosen And some there were who urg'd that the very contending for the Officers of State to sit as Supernumeraries in their Committees without being elected into them by the Estates in Parliament was both an Aspersion upon the Wisdom of the Parliament as if they knew not how to pay the respect reverence due to those Officers till compell'd to it and a Reflection upon their Loyalty as if no person could be tender of His Majesties Interest among the Committees of Parliament unless under the Influence of Honours and Emoluments The Parliament therefore having heard the Commissioners plea for not passing the Act with their Amendments ordered their Reasons for the passing it in that Manner to be put in Writing and the draught of a Letter to be sent to His Majesty together with their Reasons to be prepar'd and brought into the House by the Committee for Redress of Grievances which being done accordingly both the one and the other were read and approved with some little alterations and so dispatch'd away for England His Majesty having received the Letter and weigh'd the Reasons was pleased to give new Orders to his Commissioner So that upon the Ninth of July his Grace gave into the House a Letter to the Parliament with the draught of an Act for regulating the Articles in the terms of his Instructions in reference to that Grievance by which he was impowred to increase the number from Eight to Eleven out of every Estate besides the Supernumerary Officers of State and allowing the Parliament to Elect them every Month or oftner as they thought fit and to consider of any Matter in Parliament tho' rejected in the Articles as deeming that since the Committee was now no more a constant Committee he had secur'd the Parliament from believing they could be packt or taken off by the Court and that the number being increased from twenty four to thirty three he had removed all fears that eight Men could over-rule three and thirty But the Parliament adherred to their first draught and therefore falling into the debate of the last draught given in by the Committee they read their own and that together and stated the differences between both But could come to no resolution that day The next day being the 10th of July the Commissioner hoping to put them off from the further pursuit of this Affair moved that the settling Church Government and the Forfeitures might be taken into Consideration but against that some of the Members presently moved That the Affair of the Committees might be first adjusted upon which a debate arose which continued for some time For by this some jealousies arose in the House as if the Commissioners had not gone according to their Instructions in the delivery of the Instrument of Government to the King Which caused the Earl of Argyle to make a request to the House That in regard he had been a Commissioner to make the Offer of the Crown to their Majesties and had accordingly acquitted himself of his Commission but was then commanded into the Service of Their Majesties against the Rebels and knew not when he should return therefore that the Parliament would declare their Approbation of what he had done in the Execution of his Commission But then it was moved that before any such Approbation a paper might be read containing certain Interrogatories to be put to the Commissioners who were sent with the Tender of the Crown Upon which it was ordered That the Instructions given in to those Commissioners should be interrogated upon the Parliaments Instructions or upon the Interrogatories then given in But before the point could be determined the High Commissioner ordered an Adjournment till the next day In the Interim a great Discovery was made publick of a dangerous Conspiracy disclos'd in a Letter bearing date the Sixth of July and directed to the High Commissioner from one that subscribed his name in Characters purporting That the same Night about Six of the Clock he was inform'd of certain ill inclined Persons who assuredly designed some wicked Enterprize what it was he knew not but that the particular Persons of which he had undoubted Intimation were Winster Scot Dunbar at Leith Innes one Telster one Wrywhart with many others as by a subscribed Paper which some of them carried about them would appear That there was one Colonel Wilson Butler and Dunbar with some other English and Irish Officers lurking in Edinborough in Black frier Wine as also Captain Dowglass Kelheads Brother Lees Pringle and several others of which he was surely informed With which he thought it his duty in Conscience to acquaint his Grace That they intended to put their design in Execution within a day or two at farthest He desired his Grace not to despise his Advertisement assuring him it was no story as if neglected would be too sadly experienced That he was almost engaged himself by which means he came to understand the Truth and left the whole to the Care of his Grace's wise
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
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
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