quite out of doors besides that the Vote of the Assembly upon the Advice brought in by their Order would sufficiently decare their Opinion which being seconded by the Earl of Sutherland and the Lord Cardoss Sir Patrick acquiesced in it and so the Assembly unanimously Voted the following Advice To His Highness the Prince of Orange WE the Lords and Gentlemen of the Kingdom of Scotland assembled at your Highness's Desire in this extraordinary Conjuncture do give your Highness our humble and hearty Thanks for your pious and generous Vndertaking for preserving of the Protestant Religion and restoring the Laws and Liberties of these Kingdoms In order to the attaining these ends our humble Advice and Desire is That Your Highness take upon You the Administration of all Affairs both Civil and Military the Disposal of all the Publick Revenues and Fortresses of the Kingdom of Scotland and the doing every thing that is necessary for the Preservation of the Peace of the Kingdom until a general Meeting of the States of the Nation which we humbly desire your Highness to call to be holden at Edinborough the Fourteenth day of March next by your Letters or Proclamation to be published at the Market Cross of Edinborough and other Head Boroughs of the several Shires and Stewarties as sufficient Information to all concern'd and according to the Custom of the Kingdom And that the publication of these your Letters or Proclamation be by the Sheriffs or Steward-Clerks for the Free-holders who have the value of Lands holden according to Law for making Elections and by the Town-Clerks of the several Boroughs for the meeting of the Burgesses of the respective Royal Boroughs to make their Elections at least fifteen days before the meeting of the Estates at Edinborough And the respective Clerks to make Intimation thereof at least ten days before the meeting of the Elections And that the whole Elections and Members of the said meeting at Edinborough qualify'd as above express'd be Protestants without any other exception or limitation whatsoever to deliberate and resolve what is to be done for securing the Protestant Religion and restoring the Laws and Liberties of the Kingdom according to Your Highness's Declaration Dated at the Council-Chamber in Whitehall the Tenth day of January 1689. This Advice being subscribed by above Thirty Lords and Fourscore Gentlemen was presented they being all present by Duke Hamilton their President at St. James 's to his Highness the Prince of Orange who return'd them Thanks for the Trust which they had reposed in him but desir'd some time to consider upon so important an Affair Upon the Fourteenth of January His Highness met the same Lords and Gentlemen again at St. James's at what time he thus delivered himself My Lords and Gentlemen IN pursuance of your Avice I will until the Meeting of the States in March next give such Orders concerning the Affairs of Scotland as are necessary for the calling of the said Meeting for preserving of the peace the applying of the publick Revenue to the most pressing Vses and putting the Fortresses into the hands of persons in whom the Nation can have just confidence And I do further assure you that you will always find me ready to concur with you in every thing that may be found necessary for the securing the Protestant Religion and restoring the Laws and Liberties of the Nation At the same time the Eal of Crawfourd made it his Suit to His Highness that himself the Earl of Louthian and others who came to Town since the Advice was presented might have the Liberty to subscribe it also which was done accordingly This Answer of his Highness gave great satisfaction to the Lords and Gentlemen who tendered the Advice so that every thing being prepared in order to the Elections and the several Members being returned according to the Methods prescribed the Convention consisting of the Lords Spiritual and Temporal and Commons of the Kingdom of Scotland assembled at Edinborough the Fourteenth day of March all in one House according to the custom of that Realm The Bishop of Edinborough said Prayers in which he prayed to God to have compassion upon King James wherein he did well had he not gon on with his Supplications to restore him however it shewed the Temper of the Man Upon the choosing of their President and Clerks the Bishops and some others were for the Marques of Aihol to have been President but Duke Hamilton carried it by Forty Voices The first thing they took into consideration was the security and safety of their Sitting in regard the City of Edinborough where they sat was then at the mercy of the Canon of the Castle which was in the hands of the D. of Gourdon a Roman Patholick Thereupon they passed an Act That in regard the Duke of Gourdon and some others of the Popish Religion under him entrusted with the keeping of the Castle of Edinborough were not qualified by the Law of this Kingdom they did therefore grant a Warrant to the Earls of Lothian and Tweddale to repair immediately to the Castle of Edinborough and require both Him and others of his Perswasion there in the Name of the States of the Kingdom to remove out of the said Castle within twenty four Hours after the Intimation and to leave the charge thereof to the next Commanding Officer being a Protestant And he and they doing the same the Estates gave assurance that he and they were and should be exonerated and secured as to any thing they have acted in that or any other Station contrary to Law as being Papists While those Lords were doing their duty in pursuance of the Act of the Convention the Meeting of Estates went on and in the first place named a Committee of Elections consisting of Fifteen that is to say five out of each State This gave an occasion to a debate Whither the Lords Spiritual were a distinct Estate or only a part of the same Estate with the Lords Temporal But in regard the House inclined to the Negative the debate was let fall However by the naming of this Committee the people began to make a Judgment of the Meeting for that of Fifteen which were of it at least twelve were shrewdly supposed to be inclined to follow the methods of England besides that the Houses rejecting a Protestation made against the Earl of Argyle 's sitting among them till his fathers Attainder should be reversed was no small confirmation of what the people conjectured But nothing more availed to give the people a true notion of the Noble designs of the Meeting then the following Speech which was spoken by a Member at the opening of the Convention which being so well received as it was was a clear evidence that they were not met to favour the Interest of King James WE are now said the Gentleman called together by His Highness the Prince of Orange to Consult and deliberate what methods will be most proper to secure our Religion Laws
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
December his Holiness was burnt in a true orderly manner by the Students themselves marching with their Swords in their Hands every Classis under their particular Captain and the College Mace carry'd before them by the Under-Porter bare the Haut-boys playing all the while besides the Honour which the Privy Council and City Magistrates did them to be Spectators of their Show But in the attempt of the Multitude the next day upon the Abby which is the Kings House wherein there was at that time a Popish Chappel they had at first but course Entertainment For the Chancellor of Scotland tho he found Edinborough too hot to hold him yet such was his Kindness being himself a Papist for the Popish Relicks which he left behind that he gave particular order to one Captain Wallace to defend the Abby with his Company which the Captain with a true Papistical Zeal readily undertook to do So that when the Boys went thither tho without any other Arms then their Links and Battoons upon their pressing too close upon him the Captain ordred his Men to let fly among 'em so that many were wounded and some died of their Wounds Of which complaint being made to the Council they sent six Heralds to command Wallace and his Men to lay down their Arms and surrender themselves and the Guard of the Place to the Magistrates of the City But the Heralds were answer'd in the same Language with the Boys Thereupon the Council ordred a sufficient number of the Train'd Bands to remove him by force who accordingly fell upon Wallace and constrain'd both him and his Men to betake themselves to flight And then it was that the Boys to revenge the loss of their Mates broke in pell-mell into the Abby and burnt all that they found in the Chappel fir'd the Jesuites College the Popish Printing-House the Abby Church and in a word all that they found in the Papists Houses in the Suburbs and Cannigate sparing nothing but what was purloyn'd away by such as bore them Company with a design to plunder During these Extravagances in Edinborough the Chancellor of Scotland had withdrawn himself to Castle-Drummond but not thinking himself safe there he resolv'd for France and with that resolution with all the secresie imaginable himself in Womans Habit and his Wife in Mans Apparrel upon the 10th of December got on board a Vessel bound from the Frith of Castle-Drummond and was just under Sale with a fair Wind. At what time a certain Person on Horse-back riding by Kirkalden where the Seamen us'd to walk call'd to them and inform'd them That there was a good Prize in the Ship which they saw under Sale meaning the Chancellor of Scotland Thereupon about six and thirty common Sea-men commanded by one Wilson that had been a Buccaneer in Jamaica furnish'd themselves with Muskets and having got a light Boat without any Provision only a little Brandy and without any otder from any Magistrate set sail immediately and coming up with the Ship that Night boarded her and enquir'd for the Chancellor who was at first denied to be in the Ship but after some little search they found Him and his Lady in the disguise already mention'd Upon which they brought the Ship back and carry'd the Prisoners together with one Nicholson a Priest and Regent of the Colledge at Glasgow to the Prison of Kirkaldy from whence the Council order'd the Chancellor to be remov'd to Sterling Castle The face of Affairs being thus alter'd in Scotland as well as in England there was only a Council of the prime Persons of that Kingdom to watch over the safety of the Nation at such a Ticklish Conjuncture Nevertheless they took care that several Personages of the highest rank in the Kingdom of Scotland and most eminent for their Zeal for the Protestant Religion should be in a readiness in England to make their Address to the most Excellent of Princes his Highness the Prince of Orange so soon as he arriv'd in London This was the least Deference that could be expected they should give to a Prince who by a particular Declaration to the People of that Kingdom had signify'd his Resolutions to be no less careful to restore the Laws and Liberties of Scotland and to maintain the Protestant Religion there then he was to pursue the ends of his Declaration to the people of England Nor is the recital of that Declaration to be here omitted as being so full and generally satisfactory to all the good People of Scotland that there was nothing more welcom to their Ears nor any thing next under God wherein they more entirely placed the Assurances of their Deliverance more espcially when they saw it attended with an armed Force under the Conduct of Prudence and Fortitude to make it good The Declaration it self ran thus The Declaration of His Highness William Henry by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms for preserving of the Protestant Religion and for Restoring the Laws and Liberties of the ancient Kingdom of Scotland IT is both certain and evident to all men that the publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs established by the Lawful Authority in it are openly Transgressed and Annulled More especially where the alteration of Religion is endeavoured and that a Religion which is contrary to Law is endeavoured to be introduced Vpon which those who are most immediately concerned in it are indespensably bound to endeavour to preserve and maintain the Established Laws Liberties and Customs and above all the Religion and Worship of God that is Established amongst them And to take such an effectual care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights Which is so much the more necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact Observation and Maintenance of these their Laws Libertie and Customs Vpon these grounds it is that We cannot any longer forbear to declare That to Our great Regret We see that those Counsellors who have now the chief Credit with the King have no other Design but to overturn the Religion Laws and Liberties of those Realms and to subject them in all things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect ways but in such an open and undisguised manner that their Designs are now become visible to all that consider them And indeed the lamentable Effects of an Arbitrary Power and of Evil Counsels are so manifest in the deplorable State of the Kingdom of Scotland that both our Reason and Conscience do prompt us to an Abhorrence of them For when We consider the sad Condition of that Nation though
the whole Town-Council and Clerks contrary to their Liberties and Express Charters without the pretence either of Sentence Surrender or Consent and the Commissioners in Parliament being chosen by these Magistrates and Councils the King might in effect as well nominate that entire Estate of Parliament and many of the said Magistrates put in by him were avow'd Papists and the Burroughs forc'd to pay Money for Letters imposing these Illegal Magistrates upon them 14. By sending Letters to the Chief Courts of Justice not only ordering the Judges to stop and desist sine dic to determine Causes but also ordering them and Commanding them how to proceed in Causes depending before them contrary to the express Laws and by changing the Nature of the Judges Gifts ad vitam aut culpam and giving them Commissions ad bene placitum to dispose them to compliance with Arbitrary Courses and turning them out of their Offices when they did not comply and particularly those who in Parliament opposed the abrogating the Laws made for security of the Protestant Religion 15. By granting personal Protections of Civil Debts contrary to Law notwithstanding the Representation of the Privy Council to the contrary The said Reasons upon reading were debated one by one which being done the following Declaration as it was prepar'd and voted by the Grand Committee was also read to this effect That the Estates of the Kingdom of Scotland did find and declare That King James the Seventh being a Profest Papist did assume the Royal Power and acted as King without ever taking the Oath requir'd by Law And had by the Advice of wicked and evil Counsellors invaded the Fundamental Constitutions of the Kingdom and alter'd it from a Legal Limited Monarchy to an Absolute and Despotick Power and had exercis'd the same to the subversion of the Protestant Religion and the violation of the Laws and Liberties of the Nation inverting all the Ends of Government whereby he had forefaulted the Right of the Crown and the Throne was become Vacant The foregoing reasons and this Declaration being thus read and consider'd were approved by the whole Convention except Twelve of which number seven were Bishops being all that were present Which being done a Vote passed that an Act should be brought in by the Committee for settling the Crown upon William and Mary King and Queen of England and to consider the Terms of the Destination of the Heirs to the Crown as also to prepare an instrument of Government to be offered with the Crown for securing the people from the Grievances of the last Reigns When all the business of the day was over one of the Bishops offered to say Prayers according to Custom Upon which it was moved that King James being then no longer King of Scotland that the Bishop should be admonished not to pray for him at his peril Which the Bishop observing to avoid the incurring a penalty very discreetly said only the Lords Prayer and so the House adjourned The Convention having made this Progress the Grand Committee for settling the Government were ordered to proceed in perfecting the instrument which was set on foot for that purpose containing a Claim of the Peoples Rights and a Representation of such Grievances as were thought proper to be redressed In the mean time a Proclamation issued forth for the Declaring William and Mary King and Queen of England to be King and Queen of Scotland and accordingly upon the Eleventh of April the same day that they were Crowned in England they were Proclaimed at the Market-Cross in Edinborough with all the joy and sincerity that could be exprest The Proclamation ran in this Form WHereas the Estates of the Kingdom of Scotland by their Act of the Date of these Presents have Resolved that William and Mary King and Queen of England France and Ireland be and be declared King and Queen of Scotland to hold the Crown of Royal Dignity of the said Kingdom of Scotland to them the said King and Queen during their Lives and the longest Liver of them and that the sole and full exercise of the Regal power be only in and exercised by the said King in the name of the said King and Queen during their Joynt Lives As also the Estates having Resolved and Enacted an Instrument of Government or Claim of Right to be presented with the offer of the Crown to the said King and Queen they do Statute and Ordain That William and Mary King and Queen of England France and Ireland be accordingly forthwith Proclaimed King and Queen of Scotland at the Market Cross of Edinborough by Lion King at Arms or his Deputy his Bretheren Heralds Macers Pursevants and at the head Burghs of all the Shires Stewarties Baillaries and Regalities within the Kingdom by Messengers at Arms. And because the States did not think it sufficient to Proclaim William and Mary King and Queen of Scotland unless the Authority of James the seventh were quite abolished in that Kingdom they put forth another Proclamation against the owning of the late King J. withall commanding public Prayers to be said for King William and Queen Mary to this effect That the Estates of the Kingdom of Scotland having Proclaimed and Declared William and Mary King and Queen of England France and Ireland to be King and Queen of Scotland They have thought it also fit by publick Proclamation to certifie the Subjects̄ that none did presume to own or acknowledge the late King James the seventh for their King nor obey accept or assist any Commissions or Orders that might be emitted by him and that none did presume upon their highest peril by word writing in sermons or in any other manner or way to impugn or disown the Royal Authority of William and Mary King and Queen of Scotland But that all the people should render their dutiful obedience to their Majesties and that none should presume to misconsture the Proceedings of the Estates or to create jealousies or misapprehensions of the Actings of the Government but that all the Ministers of the Gospel within the Kingdom should publicly Pray for King William and Queen Mary as King and Queen of the Realm And the Estates did farther require the Ministers within the city of Edinborough to read the Proclamation publickly from their Pulpits upon the next Sunday being the 14th Instant at the end of their forenoons Sermon And the Ministers on this side of the river Tay to read the same upon the Sunday after that being the 21th instant and those be North Tay upon the 28th of April under the pain of being deprived and losing their Benefices Discharging withall the Proclamation of the Council dated Septemb. 16th 1686. to be read any more in Churches And the Estates did also farther prohibit and discharge any injury to be offered by any person whatsoever to any Minister of the Gospel either in Churches or Meeting Houses who were presently in the Possession and exercise of their ministry there they behaving themselves as
Members that were present took the Oath with uplifted hands and then the President administred it to the Clerks and the next day they all subscribed it It was at the same time mov'd by the Earl of Cassils that all the Clergy should take the same Oath but that was wav'd till it were farther considered what other persons or whither all in the Kingdom should take the same and so that debate being laid aside they all took the other Oath de Fideli Administratione The next day being the eighteenth of June the whole House subscribed the Oath and such of the Members who were absent the day before both swore and subscribed it also Which done they proceeded to Read the Act for redressing the Grievance of the Lords of the Articles which appointed a constant Committee of Eight Persons out of every Estate with the Officers of state to be in place of the Lords of the Articles But this first draught of the Act did no way please the Generality of the Parliament insomuch that upon the 25th of June the draught of the Act was again presented and read with an Amendment that the Members of the Committees should be chosen by the Respective Estates the Noblemen out of the Nobility the Barons from among the Barons and the Burgesses by the Burgess Estate Which being agreed to they came to a new debate Whither the Officers of State should be supernumerary in those Committees and after much arguing the Question being put to the Vote it was carryed in the Negative and a Clause ordered to be added to the Act Declaring That the Officers of State were not to be Members of the Committees unless they should be chosen With which addition the Act was again Read Voted and Approved in the following terms Forasmuch as the Meeting of the Estates of this Kingdom did by their Vote of the Seventh of April last represent among other Grievances that the Committee of Parliament called the Articles was and is a great Grievance to the Nation and that there ought to be no Committees of Parliament but such as are freely chosen by the Estates to prepare motions and overtures that are first tabled in the House Therefore Their Majesties with the Advise and Consent of the Estates in Parliament do Enact and Declare That it is the undoubted Priviledge of the three Estates in Parliament to nominate and appoint Committees of Parliament of what number of Members they please being equal of every Estate and chosen by the respective Estates viz. The Noblemen by the Estate of the Noblemen the Barons by the Estate of the Barons and the Burghers by the Estate of the Buroughs for preparing motions and Overtures that are first made in the House or that the House may treat Vote and Conclude upon matters brought in plain Parliament without remitting them to any Committee if they think fit Or that the House may appoint plurality of Committees for Motions and Overtures that need to be prepared or digested for them Declaring hereby That no Officers of State are to be Members except they be chosen And hereby rescinding the first Act of the third Session of the first Parliament of King Charles the second and all other Lawes and Customs establishing the manner of Election and Power of any Committees of Parliament so far as they are not conformable to this Act. But when this Act was offered to be touched by the Scepter the High Commissioner signified to the House that their Vote not being in the terms of the Instrument which he had received from the King he could not give the Royal Assent thereto until he had acquainted His Majesty For the first Instructions to the High Commissioner were in these words You are to pass an Act for regulating the Articles to consist of twenty four persons besides the Officers of State whereof Eight are to be chosen by the Noblemen out of their Estate Eight by the Barons and Eight by the Burroughs out of their Estates But this Concession was not thought sufficient and it so much the more displeased because it was looked upon as a delay to the satisfying the People in the first and most important Grievance for the redress of which they had so solemnly stipulated with His Majesty It was urged that by the ancient Records of several Parliaments it appeared that the Officers of State were so far from being supernumerary in the Committees of the Articles that they were not so much as Elected into that trust nor had any room allowed them there though it appeared by the same Records that there were Members chosen by and out of the respective Estates sometimes in larger sometimes in lesser numbers to constitute such Estates And although after the year 1567. Some of the Officers of State were now then by reason of their great Abilities thought fit to be chosen among others for Lords of the Articles yet they were not Elected into those Committees by vertue of their Offices much less that they sate there as persons supernumerary to those that were chosen Besides that in the 37 Act in the Eleventh year of James the sixth where provision was made for the number of those that were to constitute this Committee it was only Enacted that the number of the Lords of the Articles should equal in each Estate and that the fewest out of each Estate should be six and the greatest number not above Ten. This was the state of the Court of Articles as being constituted at first for the ease of the Parliament in the dispatch of business till through the Usurpations of the Kings of Scotland especially after their succession to the Crown of England and the removal of their Royal Residence thither and through the officiousness of publick Ministers to the Prince and their Treachery to their Countrey it grew up at length to that exorbitancy that it became not only burthensom but intollerable For by reason of the Parliaments coming at last to commit the inspection into all affairs and preparing all remedies for Greivances into the hands of a few and those unchangeable during a whole Session the late Monarchs of Scotland obtained such an opportunity to incroach upon the Jurisdiction of Parliaments and the Liberties of the People that they soon improved it to the eluding all the good that the Kingdom was to expect from Parliaments and making those that were design'd to be the means of the peoples safety the instruments of their ruin For the accomplishment of which and the more easie rendring the Lords of the Articles Vassals to the Monarchs will and tools for executing his pleasure they first prevailed to have the Officers of State admitted into this Committees as supernumerary without being nominated and elected by the Estates in Parliament as having a right to sit there by vertue of their employments For King James the Sixth being by the Adulation of the English brought over intirely to their interest as well as to their Opinions and having
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