WHEN Charles II. was restored in the Year 1660. to his an­cient Dominions, from which he had been for some time kept out by the Civil Wars, the Joy was no less cor­dial and universal in Scotland then in England: And it may be said, the ex­traordinary favour of Heaven did so second the Constancy of the Scottish Nation's Love to a Prince so long wish'd for, that their great Persuasions of his singular Endowments, without regard to the wary Cautions of scrupulous Pru­dence, were the only measures of their Concessions. They established his Pre­rogative to be absolute and uncontroul­able in the choice of all Officers of [Page 2]State, Counsellors and Judges; and in and over all matters of Peace, War, Leagues, Conventions and Parliaments, with a distinct Exclusion of all Exceptions. They added to his Revenue above double of what he formerly possessed. They de­clared his ordering and disposal of Trade with Foreign Nations, and the laying Restraints and Impositions upon Foreign Imported Commodities, to be­long to his Majesty and his Successors, as an undoubted Prerogative of the Crown. And that it might appear that they placed the Security of all their In­terests more in the confidence of His Majesties Goodness, than on the firmest provision of their best Laws; tho' the Parliament in 1641. was held by King Charles I. then present in person, and many Acts were there pass'd, and sub­scribed by him, for the setling their Religion and Liberties with all the Au­thority of Judgment, that long and well-weigh'd Experience could furnish; yet because their Luster seemed to be somewhat eclipsed by the harsh remem­brance of some previous Contentions, wherein it was their misfortune to have [Page 3]His Majesty differing from them, at one blow they annull'd that Parliament, and without any other reason or distinction, rescinded all its Proceedings. Lastly, to testifie their unparallel'd Submission and Resignation to the King's Pleasure, and how that, according to the usual Flat­tery of those times, all that was dear­est to them was to him surrendred; al­though the Nation, since its first resto­ration from Popery, had in a manner continually oppos'd Prelacy; and after having ejected it with the most rigid Exclusions, had for many years enjoyed a Church Constitution and Ministry, which at last was highly commendable, for the advancing of true Knowledge and Piety, and in the worst of Times appeared the fairest Bulwark of Mo­narchy, yet out of compliance to the King's Will, the Parliament consented, and the People silently acquiesced in the unexpected overthrow of Pres­bytery, and the re-establishment of Pre­lacy; not that the consequences of the Alteration, which afterward ensu'd, were unforeseen; but in short, be­cause that to a King so acceptable to [Page 4]them, and to whom they had already gi­ven all things, they could refuse nothing.

This was the Posture of Affairs in Scotland soon after the Restauration of Charles II. at what time the Earl of M. was the first who was honoured with the King's Commission, wherein he be­stirred himself with extraordinary vi­gour; but over-hastning, as the Cause is given, and over-prizing his Work, he render'd himself at length obnoxious; so that upon the mutual Jealousies be­tween the Duke, tho then but Earl of L. whom he caus'd to be sentenc'd un­capable of publick Trust, L. got the Advantage, and managing it personally at Court, by a crafty insinuation of the Earl of M's Disdain of his unworthy Practices, which perhaps at that time were thought good Services at Court, in a short time prevailed to M's Over­throw; and shaping a course less ob­noxious to Envy, obtain'd his Commis­sion to be given to the Earl of Rothes, whom L. accompanied from Court into Scotland, in order to concluding the Parliament then sitting.

In the last Sessions of which Parlia­ment [Page 5]it was, that by L's Industry, an humble Tender was made of Twenty Thousand Foot and Two Thousand Horse, to be in readiness as they should be call'd for by the King, to march to any part of his Dominions of England, Scotland or Ireland for the suppressing of any Foreign Invasion, Intestin Trou­ble or Insurrection, or for any other Ser­vice wherein the King's Honour, Autho­rity or Greatness might be concern'd; which though it were look'd upon as too superfluous in the Expression, and too suspitious in the Distinctions; yet such was the Style and Humour of those times, as easily shrowded it from par­ticular notice. But what L. who was the chief Contriver of it, intended by it, succeeding time sufficiently discover'd.

For now the Parliament being Dis­solv'd, the new-erected Bishops, find­ing themselves so numerously guarded, and Authoriz'd by the Laws so lately made, drave on like Jehu's, during the years 64, 65, and 66. inforcing Con­formity at such a rate, that in all pro­bability, had not the Earl of Twedale and Sir Robert Murray stept in for the [Page 6]Relief of the oppressed Dissenters, the whole Kingdom might have been re­duced to great extremities, through the Tumults excited and Tragedies act­ed in those years.

In the year 1669. L. himself was made the King's Commissioner, a Grandeur which he had long aim'd at, from the Date of which Commission the Scots are said to calculate the date of all the ensuing mischiefs that caus'd the same Revolu­tion in that Kingdom, as in England: For having undertaken to make the King's Power Absolute and Arbitrary in Scotland, he strain'd the Royal Preroga­tive to all the Excesses imaginable. Com­ing therefore into Scotland, he assum'd to himself a lawless Administration of Af­fairs, which no doubt was readily granted him to exercise, upon the large Promises he had made; and apprehending more the controul of other Men's Officious med­ling, then distrusting his own Abilities, he took particular care and caution to make himself his Majesties Sole Informer, as well as his Sole Secretary; and by that means, not only upon pretence of the King's Prerogative, the Affairs of Scot­land [Page 7]were dispos'd of in the Court of England, without any notice taken of the King's Council in Scotland; but strict Observation was also made of all Scot­tishmen that came to the English Court; and to attempt an Addsess, or Access to his Majesty, otherwise then by L's means, was to hazard his perpetual Re­sentment. By these ways he made himself the only significant person of the whole Scottish Nation; and in Scotland it self procured to himself that Sovereign Au­thority, as to name the Privy Counsel­lors, to place and remove the Lords of the Session and Exchequer, to grant Gifts and Pensions, to levy and dis­band Armies, to appoint General Offi­cers, and to transact all matters of Im­portance, as he thought good to advise and direct. Nor was he less industrious in minding his own Business, which was to inrich Himself, his Kindred and Favo­rites; and where the Law gave any stop, the Kings Prerogative made way. In all which, as there is a necessity to make use of Force and Violence, to which Law must of necessity yield, those breaches of the Law were at­tended [Page 8]with most violent Oppressions of the People, Monopolies and Rapes upon their Priviledges, and other dreadful Miseries, the Concomitants of Tyrannic Rule; which occasioning loud Complaints without redress, drive the Oppressed to Insurrection and Rebelli­on; many times wish'd for by some Tyrants that they may have an oppor­tunity to destroy. Insomuch that the Rebellion which was quell'd at Bothwel-Bridge, was deem'd to be a piece of L's Matchiavilianism, having by his cruel Oppressions of those People, drawn them to seek their own Redress, to the end they might be ruin'd by their ill Success; which the severity of their Persecution after the Defeat sufficiently justified.

In short, The chiefest and most de­serving Glories of L's Administration, as they were represented to the King, were, Ignorant and insufficient Judges, for the most part a light and base Coyn imposed upon the Nation, Gifts of Wards and Marriages, General Gifts of the Pains of Penal Statutes, the Accu­mulation of Great Offices upon single [Page 9]Persons, and those of no Merit, Gifts of the Reversions of Offices, Invasions upon Liberty and Property by the pro­curing of private Letters; unnecessary, long and frequent Adjournments of Parliament, mismanagement and pro­fusion of the Revenue, and the exces­sive greatness of a State-Minister, to the exclusion of all others from free Application to the King; by some of which he did the Kings, by others his own and his Friends Business, tho the People suffered all this while.

But that which L. most valu'd himself upon, was his obtaining a Confirmation of the Kings Supremacy over all Per­sons, and in all Causes within the King­dom of Scotland; and by vertue of that Act, the ordering of the External Government and Policy of the Church, as properly belonging to him and his Successors; and the procuring a new Act of Militia, ordaining that all Per­sons that should be therein enroll'd, should be particularly reserv'd for that Employment; and that the Officers and Souldiers should take the Oaths of Allegiance, which in Scotland compre­hends [Page 10]that of Supremacy; Which be­ing done in the Year 1672. when the Cabal at Court for the advancement of Popery and Arbitrary Power was in its Ascendent, and Matters were come to a manifest Crisis, was a shrewd Argu­ment, that L. was deep in the Plot.

Nor was his Administration in Church Affairs less grievous and terrible to the Nation. For that after the extream Di­stress, where into the Episcopal Perse­cutions had brought the Country, had mov'd the Compassion of some more moderate Persons to obtain for it the ease of a small Indulgence in 1669. L. in 1670. commands Conformity again, prohibiting Praying to God in any Meeting, or Preaching without Licence under Forfeitures of Life and Confisca­tion of Goods: And by other Acts en­joyning all the Kings Subjects to keep to their own Churches, and to make discoveries upon Oath of what Con­venticles they knew, and what Words they heard spoken therein, under the pains of Banishment and Imprisonment. All which the People lookt upon to be a Tyranny beyond that of the In­quisition.

Nor is it in the last place to be omit­ted, that he had also enlarg'd the Power of the Lords of the Articles, to the subversion of the Rights and Priviledges of the Parliament. So that his Administration was not only Cruel and Tyrannical, but he had in a man­ner over-turn'd the whole Frame of the Scotch Government. However, af­ter he had thus serv'd and assisted in the Popish and Arbitrary Designs then on Foot, both to his own Infamy, and greatly to the depopulation of his Country; yet because he demurr'd to act on still for the eradication of Pro­testantism, and erecting Popery to be the National Religion, he was dischar­ged from his Ministry and Offices, and grew despis'd and contemn'd in his Person.

And then it was that the D. of York retiring into Scotland, from the Dan­gers that threaten'd him in England, built upon the Foundations that L. had laid; and driving on in the concerns of Popery and Slavery with his wonted Phaetonic Fury, thought to have com­pleated his Work, but made way for the following Revolution.

So soon as the Duke got into Scot­land, a Parliament was summon'd, and great Industry us'd to choose the Com­mons, to cajole some of the Lords, and to make D. Hamilton believe, and trust the Court for the future. And so soon as the Parliament sate, the Duke of York entred as his Brothers Com­missioner without any regard to the Laws of the Realm, or the Qualifica­tions necessary for taking the Oaths. However his Brothers Indulgence bore him out, and when he was in, he ob­tains the succession of the Crown to be confirmed by an Act, and gets a Test pass'd, by which all were to swear, not to endeavour to alter the Govern­ment either in Churh or State; and all such as refus'd to take it, to lose their Employments.

This Test was generally dislik'd, as not conformable to the Scotch Confessi­on of Faith; several of the Scotch Sy­nods rejected it, and many of the Lai­ty refused it. Among the rest the E. of Argyle declin'd the taking it, un­less he might make his own Explanation of the sense and meaning in which he [Page 13]took it. Which being at first allow'd him by the Duke and his Party, yet afterwards when he had deliver'd in his Explantion, which was no more then what the Privy Council were forc'd to do for the satisfaction of the People; The Duke having a particular Animo­sity to his Person, and resolv'd to re­move him out of the way as a Grand Obstacle to his Designs, caus'd his In­terpretation to be scan'd and sifted to that degree, with a particular encour­agement to his Advocates to try whe­ther it might not be wrested to Trea­son, that at length a latent piece of High-Treason was found in it, upon which he was Indicted, Arraign'd and Condemn'd, and had been put to death, had he not made his escape out of Edinborough Castle.

Popery then began to triumph bare­fac'd in Scotland to that degree, that Mass-Houses were publickly erected both in Edinborough, and divers other Towns and Cities of that Realm, while the Protestant Non-conformists were every where punished with the utmost severity. And such was the Dukes [Page 14]inveterate hatred of those People, that in his publick Declarations he stigma­tiz'd them as a sort of Caitiffs not fit for Human Converse; and scrupl'd not to testifie his Resolutions to eradicate them for refusing to conform to his Will and Pleasure, as the Pests of Man­kind: Affirming withal, that it would never be well with Scotland till all the Country on this side the Forth were made a Hunting Field. Which Rigorous, and indeed Inhuman Proceedings in lea­ving these poor People at the Mercy of his Souldiers, to be not only di­sturb'd in the Exercise of their Divine Worship, but to be Arraign'd and Condemn'd by Military Judges, with­out any Form or Process of Law, wholly alienated the Affections of a great part of the Scotch Nation from his Person and Government. But the Duke encompass'd with a standing Force, and encouraged by his conti­nu'd Success in carrying all things be­fore him, thought he could meet with no Obstruction which he could not Conquer, and therefore resolv'd to re­move what ever Impediments that he [Page 15]found in his way. Which run him up­on that no less Impolitick, then unjust and violent Prosecution of the E. of Argyle; for the taking away of whose Life, he could find no other pretence, but his refusal to take an insnaring Test, which the generality of the Cler­gy and Laity refus'd: For if the whole Body of Refusers had had but one Neck; he might have cut it off for the same Reason, as well as the single Head of the Earl. Many others also were prosecuted and condemned at the same rate, for Crimes made such for their Destruction, rather then that they were really so. The citing Sir John Scot of Ancrum, and bringing him before the Council upon pretence of Treasonable Words alledg'd against him by an avow'd Enemy; and which had certainly done his business, con­sidering he was lookt upon as a true Lover of his Country, had he not been so fortunate as to have four or five Persons of great Worth and Credit by, when the Words were pretended to have been spoken, who clear'd and acquitted him: The seising and putting [Page 16]to the Torture one Hamilton, meerly because he was of the contrary Party, and consequently barely suspected; who nevertheless after his enduring his Torments, with an extraordinary Pa­tience, was at length acquitted, and de­clar'd Innocent by the Justice Court; The putting under Bail or in Prison almost all the Honest Protestant Wor­thy Gentlemen, or forcing them to ab­scond, or withdraw out of the King­dom, of whom the Lord Melvil was one, who never could be induced to act in publick under the Government of the Duke, but was forc'd to aban­don his Relations and Native Country, and flie into Holland, where, and in Ger­many he remain'd seven Years; The sending away of above sixty Men at one time to be sold as Slaves in Vir­giny, for no other Crime but their be­ing apprehended at Conventicles; and the ordering a Vessel at another time to be sunk in the Sea, to the drowning of above fifty Persons, against whom there was no other charge; but their Integrity to God and the Protestant Religion, were among others, suffici­ent [Page 17]Instances of Arbitrary Tyranny, e­nough to provoke an utter detestation of the Authors of the farther Miseries and Depopulations intended against those that remained.

It would be too tedious to make a Collection of the Violences and Op­pressions of those Times; and therefore let the following Epitome suffice to shew the wicked ways, by which Po­pery and Tyranny labour to establish themselves. For during those Years, which were the severest Years of Ar­britrary Power that ever Scotland felt, tho Informing were a Trade then more encourag'd then in the Reign of Tybe­rius; yet Multitudes were arraign'd without Informer or Accuser, and who­soever appear'd not upon Citation, were treated as Criminals.

Many of all Ranks were seiz'd, and detain'd Months and Years, without any signification of the cause of their Imprisonment. However, if the least shadow could be found to prosecute such as mislik'd their Arbitrary Courses, the ruling Grandees precipitated their [Page 18]Process, not allowing them time or means to vindicate their Innocency.

Inquisiitors were sent to all the Pri­sons, and Citizens Houses, to examine whom they pleas'd, upon the most in­tricate Questions of Church and State-Government; and if they refus'd to answer, or gave dissatisfactory Answers, it was enough for the foundation of an Indictment. Others being seiz'd in the Crowd at Executions, and some while they were visiting the Imprison'd, were condemn'd and executed for refusing to justifie the severities of the grand Movers, and disowning their Dagon of Non-resistance.

Spies were frequently sent to Prisons, Cities and Countries, who by dissem­bling their dissatisfaction at the Exorbi­tances of the Government, drew forth Words from the most wary, and so be­came fit Witnesses to take away their Lives.

The Judges themselves were active to suborn Witnesses against the Lives, Estates and Honours of Worthy Peers and Pa­triots; and often made use of Jurors and evidence, that could not purge themselves of Prejudice and Partiality.

Many were indicted, try'd, con­demn'd and executed all in one day; and when intercession has been made for some time to prepare for Death, the Answer was, They should have no time to prepare for Heaven, for that Hell was too good for them. Some they hang'd early in the Morning to prevent the Peoples observation of their Cruelty; and many times Drums were ordered to be beat about the Scaffold, lest the Spectators should hear the dying Words of those that suffer'd.

Some were twice sentenc'd; first to have their Ears cut off, and then re­examin'd and sentenc'd to death.

I omit their imposing of Illegal Oaths, and packing of Juries: But what could be more perfidious, then when some People had made a Candid Confession upon security of the publick Faith, the Kings Honour, and the Act and Oath of the Council, that such their Con­fession should not prejudice them; yet afterwards to bring the same Con­fession, and give it in upon Oath against them?

Lastly, Finding that Forms of Law and Tryals were too slow and trouble­some to bring about their Popish De­signs, which required more hast; and perceiving likewise that publick Exe­cutions tended but the more to con­firm and multiply the Lovers of Reli­gion and Liberty, rather then to di­minish and deter; the D. and his Coun­cil found out a more compendious way of sending out their Souldiers, who were empowr'd to challenge and examine whom they pleas'd, and to tender them Oaths which were re­quir'd by no Law, and to punish such by present Death, who refus'd to swear, or refus'd to answer their insnaring Questions; which Bloody Commissions were so faithfully executed, that with­in a few Weeks above fifty Persons were murder'd after this manner, with­out Tryal or Conviction.

No wonder then, seeing that by such Oppressions as these, the Ancient Laws and Liberties of the Kingdom were not only invaded, but an open attempt made for their utter subversion, that a People exasperated by exorbitant Op­pression, [Page 21]and depriv'd the exercise of their belov'd Religion, took those Me­thods which they thought might prove most successful to deliver them, not on­ly from bodily Bondage, but the Thraldom of their Consciences.

Understanding therefore which course the Nobility and Gentry of England steer'd, they thought it their best way to lay hold of the Opportunity, and follow the same. To which purpose as many of the Nobility and Gentry of Scotland attended His Highness the Prince of Orange in his Expedition for England; so there were others that met him at London, in order to make their Addresses to him, according to the Pattern of the English.

And now the People in Scotland per­ceiving, or at least full of hopes that their Deliverance was at hand, as in all suddain Revolutions, before there can be a settlement of those Disorders oc­casion'd by the causes of the Revolu­tion, the same Accidents fell out in Edinborough, as happen'd in London. It being the custom of the common Sort, in those Interstitiums of Regular [Page 22]Rule, to assume to themselves a kind of Carnival Liberty to indulge their two Passions of Joy and Revenge in the General Confusion, which is the Rabbles Holiday.

Thus as in England, no sooner had King James's Steers-men forsook the Helm of Government, for fear of pe­rishing in the Storm, but the Mobile in Edinborough enter'd upon the Stage. But the stress of their Fury fell upon the Pope and the Papists, which was not a little incens'd by the Students of Edinborough College, who mixing them­selves with the Rabble to fortifie their Power, notwithstanding all the care that was taken to prevent it, effected their Design. To which purpose an Ef­figies of the Pope being ready prepar'd, was brought to the Market Cross of the City, so soon as Day-light was shut in, and blown up in the Air above four Stories high; which made many believe that riper Heads then those of Boys were concern'd in the Action; many People being pleas'd with the counterseit show of what they could wish were done in reality.

Two days after, as if they had be-thought themselves that they had not done legally, to burn the Pope before due conviction, they went to the Par­liament House, crying out No Papist, No Papist, as they passt by the Guard; and getting into the House, the chief of the Multitude taking their places, to retrieve and justifie their mistake, they arraign'd his Holiness before his Judges, and gave him in charge to a Jury, who brought him in Guilty; upon which he was sentenc'd to be burnt, and so the over-sight being made good, they declared for a Free Parliament. Nor did these Tumults cease for many days among the Boys, who at another time got up to the Market Cross, pro­claim'd a Free Parliament, and offer'd two thousand pounds for Melfords Head.

And then it was, that upo the 25th 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 [Page 24]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 [Page 25] 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 [Page 26]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 [Page 27]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 [Page 28]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:

So soon as this Declaration came to be divulg'd in Scotland, the Generality of the Nation soon concurred to joyn against the common Adversaries of their Laws and Religion, and to throw themselves into the Protection of the most generous of Princes, whom they saw more sollicitous for their welfare and prosperity, then mindful of the Hazards into which he engaged his Per­son to redeem them from the Yoak of their Oppressors.

His Highness therefore being arriy'd at St. James's, the Scotch Nobility and Gentry waited upon him upon the Se­venth of January, being the day by his Highness appointed for them to attend him. So soon as they came, his High­ness made them a short Speech to let them know,

That the only reason which induced him to undergo so great an undertaking, was, that he saw the Laws and Liberties of the Kingdoms overturn'd, and the Protestant Religion in imminent danger; and there­fore seeing there were in Town so many No­blemen and Gentlemen, he had call'd them together, that he might have their Advice, [Page 41]what was to be done for securing the Pro­testant Religion, and restoring their Laws and Liberties, according to his Decla­ration.

So soon as his Highness retir'd, the Lords and Gentlemen went to the Council Chamber at Whitehall, and after they had chosen Duke Hamilton their President, they fell into Debate what Advice was fit to be given to his High­ness upon those weighty Proposals which he had made them; and after some hours Deliberation, they agreed upon the Heads of what they intended; and appointed the Clerks, together with their Assistants, to draw up in writing what the Assembly thought ex­pedient to propound to his Highness, and to bring it to their next Meeting in the Afternoon.

The next day being Tuesday, the eighth of January, the writing was brought into the Assembly of Lords and Gentlemen; and after some time spent in considering the fittest way to convene a General Meeting of the E­states of Scotland; at length they agree­ed, and appointed the Advice to be [Page 42]written fair over, according to the A­mendments. But as they were about to depart for that time, the Earl of Arran proposed to the rest as his Ad­vice, That they should move the Prince of Orange to desire the King to return and call a Free Parliament, as being the best way to secure the Protestant Religion and Property, and to heal all Breaches; which seem'd to dissatisfie the whole Meeting, even Duke Hamil­ton himself though he were Father to the Earl. But the Assembly breaking up, there was then no farther notice taken of it.

The next day being Wednesday the ninth of January, they met again in the Council Chamber; at what time Sir Patrick Hume, remembring the Propo­sal made by the Earl of Arran, desir'd to know if there was any person present who would second it. But no body appearing to do it, he said, That what the Earl had propos'd was evidently opposite and injurious to his Highness the Prince of Orange's Undertaking, his Declaration, and his good Intentions of preserving the Protestant Religion, [Page 43]and of restoring their Laws and Liber­ties therein express'd, and further de­sir'd the Meeting to declare the same to be their Opinion of it. The Lord Cardross seconded Sir Patrick Humes's Motion; but then it was answered by Duke Hamilton, President of the As­sembly, That their business was to pre­pare an Advice to be tendred to the Prince; and the Advice being then rea­dy to be put to the Vote, there was no need that the Assembly should give their Opinion of the Earls Proposal, which neither before nor after Sir Patrick's Motion any of the Company had pre­tended to own or second, so that it was 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.

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:

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 [Page 48]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 [Page 49]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 [Page 50]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 and Liberties; in Order to which the first thing that will fall under our consideration, is the settling the Soveraign Power.

I take it for granted that you are fully convinced, that King James the seventh, by his many violations of the Fundamental Laws, by his endeavouring to establish a Despotic and Arbitrary Power, and intro­duce Popery (though he himself had confir­med all the Laws that were enacted in fa­vour of the Protestant Religion) has left [Page 51]us at a time when we needed his Protection most. The Eyes of all Europe are upon us, and it is in our power to make our selves and our Posterity either happy or miserable, by making a choice either to call back K. James, and hazard once more all that men account dear, to his Mercy, or to settle the Government on some other, under whom we may live peaceable lives, without the perpetual Terror of being swallowed up by Popery and Arbitrary Government, which all good Men hoped were now banished; and yet behold a new off-spring is sprung up, which eagerly pleads for both, under the mistaken names of Duty and Allegi­ance. 'Tis strange that any man can be so far degenerate as to prefer Slavery to Li­berty, and that they should be so much in Love with chains, that when they were fairly shaken off, they should run furiously to find them again. As if the Ottoman and French Government were so charming in our Countrey, that we cannot live with­out it, though we have so lately groaned un­der the dismal burden of it. And it might have been supposed that even they who had been instrumental in the Enslaving their Fellow brethren, and were grown fat with [Page 52]sucking the Nations Blood, would have taken another method to reconcile themselves then by perswading us to purchase their safety, at so vast an expence as the ruine of more than three parts of the Nation.

If we do but a little reflect upon the mo­tives, which those men, blinded by self In­terest, make use of to delude the Nation into a security, that wanted but very little of proving fatal to it, and compare them with the strong reasons we have to perswade us from being so imposed on, they will be found so weak and impertinent, that we may judge it next to impossibility, to suffer our selves to be twice deceived. But if the experience of our former Miseries (the very thoughts of renewing which, cause all good men to tremble) has not made us wiser; and be not of Efficacy enough to deter us from venturing another Shipwrack, and exposing all again to the disposal of the Ro­man Catholicks, 'tis more then probable that God has abandoned us to believe strong Delusions.

They will eadeavour to perswade us that Kings are exempted from punishment here on Earth, and that nothing they do can be quarrelled by their Subjects, which indeed [Page 53]might be urged among the Turks, who re­serve nothing from the power of their Sul­tans, and where 'tis death to dispute his Commands though never so Arbitrary and Tyrannical. But with what impudence can such siuff be imposed upon us, who ne­ver admit our Kings to the Government, till they swear to Rule us according to Law and no otherwise? The Laws are the only se­curity we have for our Lives and properties, which if our Soveraigns break, Subjects cannot be blam'd, for making use of the ordinary means to preserve them; and since that cannot be done without withdraw­ing Obedience from such a Magistrate as goes about to destroy them, such an Act can­not be said to punish, because we take no­thing from him to which he has a just claim, but only shun the occasion of making our selves miserable. The Speculative Doctrin of Passive Obedience has done too much mischief among us, and what has befallen the King may be justly attributed to it, for the believing he might do what he pleased without Opposition, encouraged him to take those measures which have drawn all these Misfortunes upon him.

Others are so fond as to believe they may be secure in calling back the King, provid­ed they so limit him, that it may not be in his power to hurt them. But what Re­strictions of our contrivance can bind the King? For most certainly they can never be voluntarily condescended to; and what is constrained and done by force, the Law declares to be null and void; to the assi­stance of which the Popes dispencing Power being joyned, would quickly blow up those Sampsons Cords, and the Royal power would again revive with all its lustre and vigor.

In the next place the King is of a Reli­gion, that in a famous Council has Decreed, That there is no Faith to be kept with He­reticks, much less with Subjects whom the King looks upon as so many Rebels, and will not miss to treat them as such, when ever they give him the Opportunity of doing it. Then we may lament our Miseries, but it will not be in our power to remedy them: For a Prince of Orange will not be al­ways ready to rescue us, with such vast Expence, and so great hazard to his Per­son.

Again, What Argument has the King given us, since he left us, that he will be more faithful in observing his Word and Oaths then hitherto he has been? Does he not in a Letter lately Printed here, ex­presly say he has Ruled so as to give no oc­casion of Complaint to his Subjects? Is not the same Letter signed by one who sacrificed both his Honour & his Conscience to Interest, whose pernicious and headstrong Counsells posted him to his Ruine, though all that has been done cannot make him sensible of it? Is K. James the seventh, by breathing the French Air, become less a Bigot to Popery? It were a Dream to fancy it. For so long as the Vatican Thunders out Excom­munications against all that use not their utmost endeavours to extirpate Heresie, a Roman Catholick must have no Religion at all, if they be not terrible to him.

But say they, the Peace of the Nation cannot be otherwise secur'd, nor Factions and Divisions be extinguished but by calling in the King. But what Factions do you observe but what they themselves foment on purpose to disturb our Harmony? All which would immediately dye if the Go­vernment were settled on those who best de­serv'd. [Page 56]For then if these Fops continued still fond of Tyranny and Popery they would be chastized as disturbers of the publick Peace. If the King return we must burst out into a flame, and England that has already declared will quickly be upon us, an Enemy too Potent and too numerous for us, although we were united; besides that we cut off all hopes of a Ʋnion with that Nation, and deprive our selves of an un­speakable Advantage, which would redound to all sorts of people, and would be the only means to support an impoverisht and sinking Nation.

The happy Success the Prince 's Enter­prize has met with, has made a considerable alteration in the Affairs of Europe. For thereby the Great Enemy of the Protestants, and even of Christianity it self, is so 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 [Page 57]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 'tis 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 [Page 59]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 [Page 60]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 [Page 63]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 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,

This Act was sign'd by the whole Meeting, except only six or seven; and then the following Letter was opened and read, overwritten,

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 altogether precarious, and answera­ble to the Lowness of his Condition, on­ly like a plant at the latter end of Au­tumn putting forth some fruitless Buds of vain Assurances: So that as the one al­together slighted it, so those that were most inclin'd to favour it were altoge­ther out of Countenance to see the [Page 71]Vanity of such an unseasonable Secre­tary Rhetorick. A Committee there­fore was appointed to draw up an An­swer to the King of England's Letter, but no man so much as mov'd for an Answer to that of King James; onely the Man that brought it, beg'd a Pass to go to him in Ireland, where he land­ed the Twelfth of March, at the Port of Kingsale; the Messenger offering Security not to carry to him any Letters or Papers from any Person whatsoever. But neither would that be granted; on the other side he was first secur'd, then enlarged upon Bail, till at length, not thinking him worth the keeping, they dismissed him with a Pass instead of an Answer. Nor indeed could King James expect better, if he may be thought to hope for better, who had no more signi­ficant a Messenger to send to a Conven­tion of Estates of a Kingdom, than some­thing like a Gentleman Usher to his Queen.

While the Answer to His Majesties Letter was drawing, the Meeting fell upon other Business, and ordered a Proclamation to be issue forth for bring­ing [Page 72]in the Arrears of the Publick Reve­nue. The first draught of this Procla­mation did not please, purporting, That the Money was to be employ'd for rai­sing Forces for securing the Protestant Religion; however after some debate, it was agreed that the Alteration should be made by leaving out the Words, For Raising Forces, and so it pass'd.

This Proclamation was the more re­quisite to be one of their first Conside­rations, in regard of the great occasion which then they had to secure them­selves, and beleaguer the Castle which still held out, to which purpose they were forc'd to make use of the City Train'd Bands, and the Country Militia, which could not well be dismiss'd with­out pay or a Generous Gratuity.

But then in pursuance of the main Affair which they were upon, of Ad­dressing themselves to the King, they thought it but requisite, as a forerun­ner of what themselves intended to give their Approbation of the Address and Proceedings of the Nobility and Gentry that had been at London, and had there made it their Request to His Highness, [Page 73]then Prince of Orange to take upon him the Administration of the Government; which was done with that Respect which the Occasion and Quality of the Persons Merited.

And to shew that they were not in the mean time unmindful of the Di­stresses of their Neighbors, upon read­ing some Letters from several Noblemen and Gentlemen in Ireland craving Assi­stance of Arms and Ammunition, Four Thousand Muskets, Two Thousand Fuzee's, and Six Hundred Barrels of Gunpowder were order'd to be bought and sent away.

At the same time the Meeting was in­formed that Viscount Dundee, had stoln the opportunity of a Conference with the Duke of Gourdon at the Postern Gate of the Castle, notwithstanding that the Convention had forbid all correspon­dence with him under the Penalty of Treason; more over that Dundee who now came no more to the Convention, was seen near the City with about fifty Horse. This somewhat alarumed the Convention, so that they immediately ordered him to be summoned; but un­derstanding [Page 74]that he was Marched West­ward toward Linlithgow, which was the Road to Sterling, and fearing least he might have some design to surprize that Castle, which commands the Pass of Communication between the Northern and Southern parts of Scotland they or­dered a Major with fourscore Horse to follow him; and the Earl of Marr, who was then Governour of Sterling Castle, was sent away by their Order to secure that Important Garrison, against any At­tempt or surprize. And well knowing that small sparks many times kindle vio­lent Conflagrations, therefore that they might be in a Posture to make oppositi­on where ever the flame brake out, they ordered all persons from sixteen to sixty to be in a readiness to take Arms when the Convention should find it requisite for the publick safety. Several suspect­ed Officers of the Militia, were turned out, and others put in their places; and Sir Patrick Hume, who was excepted out of the late Kings Indempnity, ordered to command the Militia Horse of his Countrey: And farther, that eight hun­dred Men should be Levyed and Arm'd [Page 75]under the command of the Lord Leven; which was no sooner intimated, but the Men came in within two hours time. Great care was also taken for the Western Countries that lye next to Ireland, where as in all other parts orders were directed for dis-arming the Papists, and settling the Militia in trusty Hands.

But notwithstanding all this care and vigilance, and the extraordinary Unity of the generality of the Nation, the ad­herers to King James were not without hopes of having another game to play for their lost stakes. Which made Dun­dee still dance about the Countrey like a Winter Exhalation to intice unwary followers; which made the Duke of Gourdon, farther perhaps encouraged by some bouncing Promises from Ireland, to send, as he called them his last Pro­posals, and withall a Monitory Letter to the Convention, minding them to what Honours and Dignities K. James's Predecessors had advanced most or ma­ny of them to; and what marks of Royal Favour and Bounty he had conferred upon them, and which ought not to be forgot for the Errours and Miscarriages [Page 76]of poor four years Raign; so that if they would allow him Liberty to go over in­to Ireland, he would endeavour an Ac­commodation between King James and the Estates of the Kingdom, to have Re­ligion, Laws, Liberty and Property re­stored and established. But both the Admonition of the Duke and his under­taking were rejected with that scorn, that they would not suffer the Monitory to be entred in their Journals, to signi­fie that they had either received or read it. His demands were, An Act of In­dempnity for all Papists and Protestants that serv'd under him in the Castle, and for four or five Priests: That he might be secured against all Strangers or Camero­nians, by which he meant the Rabble, in and about the Town, at his coming out, and that he might have a Guard of forty Horses for a safe Convoy.

The Convention, though they slight­ed his Monitories, yet desirous to have the Castle in their own hands, made an­swer to his demands, That they would give security to himself and others in their lives and fortunes, so far as they had acted as Papists; and that the Priests should have [Page 77]Passes to depart the Kingdom, upon condi­tion never to return again.

That he should have the Guard and Con­voy he demanded till he were over the wa­ter to Brunt-Island: And that a like num­ber of Guards should Convoy him from thence homeward, which should be disbanded within twenty four hours after his Arrival, he giving security to live peaceably, and not to disturb the Peace of the Kingdom.

But notwithstanding he had thus all in a manner granted him that he desi­red, yet it seems upon certain intelligence of the late Kings Landing in Ireland, he thought fit to linger a little longer; and therefore sent another message soon after to the Convention, and the Magistrates of Edinborough, to acquaint them, that King James was arrived in Ireland, and therefore he would not surrender the Castle to the Estates, but would set up King James's Standard, and give the usual Volleys of Cannon; which he de­sired them not to be afraid of, or offen­ded at: and accordingly he fired all his Cannon without Bullets, though to the great terrour of those that lay under the Mercy of his Bullets.

The Duke having thus laid aside all thoughts of surrender; the Besiegers went on with their Approaches, and the besieged managed their defence the best they could; though to give the Duke of Gourdon his due, he was so sparing to the City that he did not do the City half the mischief he might have done; not­withstanding that the besiegers threw their Bombs into the Castle, which strangely dis-figured and ruined the Buildings within it. Nevertheless the Duke made no shew of Capitulation since his last Monitory message of the 23d. of May till the 30th. of the same Month, at what time he beat a parly, and sent a Letter to the Lord Ross, de­siring to speak with him about some im­portant Affairs which he had to impart to his Lordship. With which the Coun­cill being acquainted, gave leave to the Lord Ross to meet the Duke upon the Castle Hill, but would not permit him to venture into the Castle; but the D. refused to meet him there, alledging, that he could not come out of the Castle to speak or treat with any Person. So that missing his design, whatever it were, he pretend­ed [Page 79]that the old Registers were damnify­ed, and therefore desired they might be removed. But that the Council refu­sed, looking upon it as a contrivance to linger away time, to get an opportunity to cover the Bartisons and Roofs of the Houses with Earth; besides that in the removal of the Registers, Letters and other things might be conveighed to and from the Duke, advantages which they were resolved not to allow him. Till at length the Duke finding himself straitned on every side, and having no hopes of relief, besides that he destrusted the Souldiers in the Garrison, and saw the Trenches of the Besiegers advanced very near the Walls of the Castle, as also dreading the Mines which the besiegers had sunk under the Works, upon the 13th. of June beat a parley, and hung out a White flag; but the Officer who commanded in the Leaguer told him plainly, he would admit of no parley, unless it were to surrender the Castle, in regard he had so often deluded them with so many frivolous Treaties to no purpose. Upon which the Duke de­clared, that he would surrender the [Page 80]Castle upon Honourable Terms; onely he desired to know whither he must Treat with the Officer commanding in the Leaguer, or with his Grace the Lord Commissioner? This point being settled the Duke of Gourdon insisted to have an Honourable capitulation; up­on which Commissioners were sent up to Treat with him; but while they were debating together with the Duke upon the terms which he propounded, at first very high, and deemed by the Com­missioners to be unreasonable, a certain Person ran suddainly into the Castle du­ring the Truce, and delivered several Letters to the Duke, as it was supposed from Dundee, or else the late King in Ireland. The Commissioners being in­formed of this Action, require to have the Messenger delivered up to them; in regard that no man ought to have come into the Castle upon such Errands with­out their consent. This the Duke refused to do; alledging, That since the Person came to him, he was obliged to protect him. Upon which the Treaty being broke off, the Garrison fired both with their great and small snot all that night upon [Page 81]the City it self, and every other way where they imagined they could do mis­cheif: insomuch that several persons were killed, others wounded, and some Houses were much prejudiced by the Cannon.

But the next morning the Duke beat another Parley, and hung out a white Flag, so that Commissioners were again sent to Treat with Him; and this Trea­ty had so good an effect, that the Arti­cles for the surrender of the Castle were agreed, and confirmed by the Privy Council; to the great joy and satisfacti­on of all good and honest men, but to the great trouble and grief of the dis­affected party, who trusted much to this strong place, as being thought impreg­nable.

Articles of Surrender, June 13th. 1689.

• I. That Lieutenant-Collonel Windram, Lieutenant-Governour of the Castle, shall submit himself to King William 's Pleasure, his Life being secured; And all the rest of the Garison shall have their Lives, Liber­ties, and Fortunes secured, and Passes granted to those that will take Oaths not to bear Arms against the present Government.
• [Page 82]II. The Garison is allowed to march out with their Swords and Baggage, belonging properly to themselves.
• III. That all the Gentlemen-Volontiers, Servants, and others within the Garison, shall have the same Capitulation with the rest of the Garison.
• IV. That all manner of Persons shall have the Benefit of the first Article, who have kept Correspondence with the Castle, and who have not been in Arms, and being at present at Edinburgh, or in the same Coun­ty, shall be Indemnified and have the bene­fit of this Capitulation.
• V. That sick Souldiers shall have the Li­berty to dispose of themselves as they think best, they behaving themselves as becom­eth.
• VI. That all the Officers, Gentlemen, Servants and Soldiers, shall have the same benefit which others have, they Living peace­ably.
• VII. A Considerable Post, within the Castle, shall be immediately, how soon security is granted to the Garison for the above-written Articles, put in Possession of those Forces, under the Command of Major-Gene­ral Lanier.

After these Articles were confirmed by the Privy Council, the Garison march­ed to the Hill before the Castle; where they laid down their Armes, and deli­vered up the Keys of the Castle, many thousands of people being got in heaps together to signifie their joy in loud ac­clamations, and prayers for the preser­vation and happiness of King William and Queen Mary; as being now assu­red to live safely and quietly, and enjoy their Religion, Laws, Liberties and Properties during their prosperous Go­vernment. At the same time Three hun­dred Souldiers under the Command of Lieutenant-Colonel Mackey and Major Somerville marched in and took possessi­on of the Castle; which was strangely battered and ruined during the Siege by reason of the great Execution that was done by the Bombs. It was said, that there was some difference between the Duke of Gourdon, the Governour, and Lieutenant Colonel Windram, who was Deputy-Governour of the Castle; the Duke inclining to have delivered it up before, but Windram urging still to hold it out. However at last the Duke and [Page 84]his party 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 [Page 85]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 [Page 86]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.

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 [Page 89]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 [Page 90]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 notice given with twenty days Provision.

By this the month of March drew to­ward a conclusion, at what time the President moved, that a Committee be named to consider the State of the Government, and bring in their opinion for the settling of it. Which raised a de­bate whither the matter should be first treated of in a Committee or not; which was carryed in the Affirmative.

After which the names of the Lords, Knights and Burgesses, that were to be of this Committee were agreed upon ac­cording [Page 91]to the following List of the No­bility.

• The Marq. of Athol
• E. of Argyle
• E. of Crawford
• E. of Sutherland
• Knights, Blare
• Grant
• Scot of Hordin
• Pettiver
• Burgesses, Sir John Hall
• Sir John Dalrimple
• Sir Charles Hacket
• Mr. William Hamilton
• E. of Louthian
• Viscount Tarbet
• Lord Cardross
• Lord Melvin
• Dunbar of Grange
• Orminston
• Polward
• Sketmorley
• Mr. Fletcher of Dund.
• Mr. Moore of Acre
• Mr. Anderson of Glasgow
• Mr. Smith of Pearch

All which persons were selected into this great Committee by the plurality of Fifty Four Voices, more then the fourth part of the Meeting.

When the President moved that this Committee might be named, and eight out of every State were adjudged a com­petent number, the Bishops of which six were then present, moved that they might have the Priviledge of a State: but they were answered, that that point [Page 92]was over-ruled, and they must joyn with the Nobility. Then the Question was mov'd, whither every one of these three Bodies or States, the Nobility, Knights and Burgesses should distinctly choose their eight? but it was carried that every Member of the House should give in a List of twenty four, being eight out of every State under their hands. and that those that had the most Voices should be chosen; which fell to be the Lot of the persons above­named.

These and some other like struglings of the Bishops against the stream, and some other discontents which the Con­vention observ'd in their behaviour, were highly disgusted by the generality of Estates, insomuch that although they began to have such a mistrust of them, that they made a particular Order, that the Bishops in their Prayers should not mention or insinuate any thing against their Acts or Proceedings.

And this disgust against the Bishops was heightned by another accident which happened at the same time: for that while the Convention was Voting [Page 93]Major General Mackay to be General, the Arch-bishop of Glasgow desired, That all the Bishops might be excus'd, in regard the House was then upon a Military con­cern. Upon which, one of the Mem­bers stood up and declared, that the Bishops had got a new sight; but that he had seen Military Orders signed by the very same Bishop. To which when the Archbishop replyed, that the Case was different, for that then he was Chairman of the Committee, the same Member made answer, That he knew no difference in the Cafe, but onely those Or­ders were then against Protestant Dissen­ters, and the Order in question against Papists. And this was one reason, that they who retain'd a Great Reverence for the Order, yet had no kindness for the Per­sons who were then of it.

Upon the 30th. of March, the Grand Committee of Twenty four, agreed a­mong themselves the Throne to be va­cant, but came to a Conclusion in no­thing else. Some there were who seem'd to incline not to insist so much upon the Head of Desertion or Abdication, but on that of Male-Administration. Others [Page 94]there were who seem'd desirous that the Crown should not be confirm'd by way of Translation, but by succession to the Queen of England, and to the King, in the Right of a Husband, only he to have the Adminstration during life. Others were for conferring the Care with a Union of both Kingdoms. Others were first for settling the Crown, and then for treating of the Union. But not­withstanding this diversity of Opinions, at length, the Earls of Tweddale and Calender, and Mr. Hugh Brown being added to the Committee, they came to an Agreement, and it was referr'd to a Sub-Committee to draw up the Reasons for the Vacancy, which being brought into the Grand Committee, the same were approv'd and pass'd with a Nemine Contradicente.

Upon the Fourth of April the Rea­sons for declaring the Throne vacant were read the last time in the House in the following Terms.

1. King James the Seventh being a professed Papist, did assume the Regal Power and acted as a King, without e­ver taking the Oath requir'd by the [Page 95]Law, whereby every King at his Access to the Government is oblig'd to swear to maintain the Protestant Religion, and to Rule the People according to the Laudable Lawes.

2. That by the Advice of wicked and evil Counsellors he had invaded the Fundamental Constitutions of the King­dom, and alter'd it from a Legal limited Monarchy, to an Arbitrary Despotick Power; and by publick Proclamation had asserted an Absolute power to an­nul and disable all the Lawes, and par­ticularly arraigning the Laws that esta­blished the Protestant Religion, by e­recting publick Schools and Societies of the Jesuits, and not only allowing Mass to be publickly said, but by converting Protestant Chappels and Churches to Publick Mass-Houses, contrary to ex­press Laws against saying and hearing of Mass.

3. By disarming Protestants, while in the Interim he employ'd Papists in the Places of greatest Trust, both Civil and Military; such as Chancellors, Secre­taries, Privy Counsellors, Lords of Ses­sions; thrusting out Protestants to make [Page 96]room for Papists; and by entrusting the Forts and Magazines of the King­in their Hands.

4. By allowing Popish books to be printed and dispersed by a Gift to a Popish Printer to his Majesties Houshold and Chappel contrary to the Laws.

5. By taking the Children of No­blemen and Gentlemen, sending and keeping them abroad to be bred Papists, making great Funds and Do­nations to Popish Schools and Col­ledges abroad, by bestowing Pensions upon Priests, and perverting Protestants from their Religion, by offers of places and pensions.

6. By Imposing Oaths contrary to Law.

7. By giving Gifts and Grants for exacting Money without consent of Parliament, or Convention of the Estates.

8. By Levying and keeping on foot a standing Army in time of Peace, with­out consent of Parliament.

9. By employing Officers of the Ar­my, as Judges through the Kingdom, and imposing them where there were [Page 97]Heritable Offices and Jurisdictions; and by them many of the Lieges were put to death Summarily, without Legal Tri­al, Jury or Record.

10. By using inhuman Tortures, with­out any Evidence, and in Ordinary Crimes.

11. By imposing exorbitant Fines, to the value of the Parties Estates; in exacting extravagant Bail; and by dis­posing of Fines and Forfeitures before any Process or Conviction.

12. By causing to pursue and forfeit several persons upon old and obsolete Laws, upon frivolous and weak pre­tences, and upon lame and defective probation; particularly the Earl of Argyle, to the Scandal and Reproach of the Justice of the Nation.

13. By subverting the Right of the Royal Burroughs, the third of the E­states in Parliament; imposing not only the Magistrates, but also 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 [Page 98]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 [Page 99]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 [Page 100]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 [Page 101]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.

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 [Page 105]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 [Page 106]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, [Page 107]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 [Page 108]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, [Page 109]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.

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 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 [Page 112]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 R [...]ss (a Person well affected to his Ser­vice, [Page 113]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 [Page 115]to the express Law against saying and hearing of Mass.

By allowing Popish books to be printed and dis [...]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 [Page 116]without Legal Trial, Jury or Record.

By imposing [...]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 [Page 117]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 [Page 118]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 such an Establishment, as that their Religion, Laws and Liberties might not again be in danger of being subverted. The said Estates being at that time assembled ac­cordingly in a full and free Representa­tive of the Nation, taking into their most serious Consideration, the best Means for attaining the Ends aforesaid, did in the first place as their Ance­stors in the like Cases had usually done, for the Vindicating and Asserting their Ancient Rights and Liberties, declare, That by the Law of Scotland, no Papist could be King or Queen of the Realm, nor bear any Office whate­ver therein, nor that any Protestant [Page 119]Successor could exercise the Regal power till he or they had sworn the Coronati­on Oath.

That all Proclamations asserting an Absolute Power to nul and disable Laws, in order to the Erecting Schools and Colledges for Jesuits; converting Protestant Churches and Chappels into Mass-Houses, and the allowing Mass to be said.

That the allowing Popish Books to be printed and dispersed was contrary to Law.

That the taking the Children of No­blemen, Gentlemen and others, and keeping them abroad to be bred Papists; the making Funds and Donations to Popish Schools and Colledges, the be­stowing Pensions on Priests, and the seducing Protestants from their Religion by offers of places and preferments was contrary to Law.

That the disarming of Protestants, and the employing Papists in the great­est places of Trust both Civil and Mili­tary, &c. was contrary to the Law.

That the imposing an Oath without Authority of Parliament, was contrary to Law.

That the raising of Money without consent of Parliament or Convention, was contrary to [...].

That the imploying Officers of the Army as Judges, &c. was contrary to Law.

That the Imposing Extraordinary Fines, &c. was contrary to Law.

That the Imprisoning of persons with­out expressing the Reasons, &c. was the same.

That the prosecuting and seizing Mens Estates as forfeited upon stretches of old and obsolete Laws, &c. was con­trary to Law.

That the nominating and Imposing Magistrates, &c. upon Borroughs, con­trary to their express Charters, was the same.

That the sending Letters to the Courts of Justice ordaining the Judges to de­sist from determining of Causes, and or­daining them how to proceed in Causes depending before them, &c. was con­trary to Law.

That the granting of personal pro­tections, &c. was the same.

That the forcing the Subjects to de­pose [Page 121]against themselves in Capital Cau­ses, however the punishment were re­stricted, was contrary to Law.

That the using Torture without Evi­dence, or in Ordinary Crimes was con­trary to Law.

That the sending of an Army in a Ho­stile manner into any part of the King­dom, in time of peace, and exacting Lo­cality and free Quarter was the same.

That the charging the Subjects with Law-burroughs at the Kings instance, and imposing Bonds without Authority of Parliament, and the suspending Ad­vocates for not appearing when Bonds were offer'd, was contrary to Law.

That the putting Garrisons into pri­vate Mens Houses in time of Peace with­out Authority of Parliament was Ille­gal.

That the Opinions of the Lords of the Sessions in the two Cases following were Illegal, viz. That the concerting the demand of supply for a forefaulted per­son, although not given, was Treason. 2. That persons refusing to discover their private thoughts in Relation to points of [Page 122]Treason, or other mens Actions, are guilty of Treason.

That the fining Husbands for their Wives withdrawing from Church, was Illegal.

That Prelacy and Superiority of any Office in the Church above Presbyters is and has been a great and unsupporta­ble burthen to this Nation, and contra­ry to the Inclinations of the Generality of the people, ever since the Reforma­tion; they having reform'd Popery by Presbytery, and therefore ought to be abolish'd.

That it is the Right and Priviledge of the Subject to protest for remedy of Law, to the King and Parliament against Sentences pronounc'd by the Lords of the Sessions, provided the same do not stop Execution of the said Sentences.

That it is the Right of the Subject to Petition the King, and that all Prosecu­tions and Imprisonments for such petiti­oning are and were contrary to Law.

Therefore for the redress of all Grei­vances, and for the amending, streng­thening and preserving the Laws, they claim'd that Parliaments ought to be fre­quently [Page 123]call'd and allow'd to sit, and freedom of Speech and Debate allow'd the Members.

And then they farther claim'd and in­sisted upon all and sundry the premises, as their undoubted Rights and Liber­ties, and that no Declarations or Pro­ceedings to the prejudice of the people in any of the said premisses ought in any wise to be drawn hereafter in Ex­ample; but that all Forfeitures, Fines, Loss of Offices, Imprisonments, Banish­ments, Prosecutions, Persecutions and Rigorous Executions be consider'd and the Parties redress'd.

To which demand of their Rights, and redress of their Grievances, they took themselves to be encouraged by the King of England's Declaration for the Kingdom of Scotland in October last, as being the only means for obtaining a full Redress and Remedy therein.

Therefore, Forasmuch as they had an intire Confidence that His Ma­jesty of England would perfect the Deliverance so farre advanced by [Page 124]him, and would still preserve them the violation of the Rights which they had asserted, and from all other Attempts upon their Religion, Laws and Liber­ties.

The said Estates of the Kingdom of Scotland had resolved, That William and Mary, King and Queen of England, be declared King and Queen of Scotland, to hold the Crown and Royal Dignity of the said Kingdom 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 Power be onely in, and exercis'd by him the said King, in the Names of the said King and Queen, during their Lives. And after their decease, that the said Crown and Royal Dignity of the said Kingdom be to the Heirs of the Body of the said Queen. Which failing to the Princess Ann of Denmark, and the Heirs of her Body; which also failing, to the Heirs of the Body of the said William, King of England.

And then withal they pray'd the said King and Queen to accept to same ac­cordingly.

It was also declar'd by the Instrument that the Oath hereafter mention'd should be taken by all Protestants, by whom the Oath of Allegiance or any other Oaths and Declarations might be requi­red by Law instead of it; and that the Oath of Allegiance, and all other Oaths and Declarations should be abro­gated.

The Oath was but short, and con­formable to that which was prescrib'd in England.

I A. B Do sincerely promise and swear, That I will be faithful and bear true Alle­giance to Their Majesties King William and Queen Mary.

So help me God.

So soon as the Secretary had done reading the Instrument, an Address was also read from the Estates of Scotland, Humbly desiring His Majesty, That for the farther settling and securing the Protestant Religion, the Government, Laws and Liberties of that Kingdom, and redressing the Grievances repre­sented by them, His 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 [Page 128]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 Ʋtmost 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 Ʋs. 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 [Page 129]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 [Page 130]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 [Page 131]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 [Page 132]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, and as [Page 133]plain necessity and Reason had hitherto oblig'd the Convention to tread in their Footsteps; so those Motives were at present most cogent for their continu­ance.

To this it was objected that the thing could not be done by Law, seeing the Estates assembled in their own Right, from absolute necessity; and having al­ready settl'd and surrender'd the Go­vernment; they were defunct and dis­solv'd; and the King could no more turn the Meeting into a Parliament, than he could at another time constitute a meeting of Men to be a Parliament with­out a lawful Summons and the Peoples Choice: And moreover, That Com­missioners for Shires and Burroughs have onely their Commissions in the Meeting of the Estates and not in a Parliament. And as for the Case of England, that they had Presidents, but Scotland had none.

To all which it was answer'd, to be­gin with the last part first, That Scot­land had Englands practise for a Presi­dent, but that England it self had no [Page 134]President, unless that of 1660. the lame­est that ever was heard of; for that, there having been a Meeting call'd with­out the King, and consisting only of a House of Commons, when the King returned he added to it the House of Peers, and turned it into a House of Peers without any Summons or other Formality. And supposing that England might now alledge that for a President, yet that Parliament, 1660. had no Pre­sident at all.

Secondly, That it was true, that the Estates by the surrender and settlement were defunct, at least as to that point: Yet what could possibly hinder, why the Estates who had made so great a set­tlement, That for to make all the work effectual, King William should presently turn the Meeting into a Parliament: For that certainly if the Estates had power (as no doubt they had) to mould and confer the Government, as they had done, they had power to do this also, and indeed that they could not do it without a visible neglect, especially see­ing that as yet neither the Instrument nor the Commissioners were dispatched.

Thirdly, Though this should be o­mitted, yet the same reason of State, and invincible Necessity, the principal sup­port of all their late proceedings, did with the same force and Evidence, re­quire that the Meeting should be turn'd into a Parliament.

Fourthly, That their could be no de­fect alledged for the Commissions for Shires and Burroughs, but what would more strengthen the Argument against what was already done, than against what was craved to be done. But that in truth, the Commissions were full enough beyond all exception.

Lastly, There could be no Treaty a­bout the Ʋnion, without a Commission from King and Parliament: So that un­less the Treaty were turned into a Par­liament, the Treaty must for a long time be delay'd and postpon'd.

By the event it was evident that these Reasons overcame all Obstructions in this Affair: for that within a few days after their Majesties had taken the Co­ronation Oath, the King declared his pleasure for turning the Meeting of E­states into a Parliament, and having no­minated [Page 136]the Duke of Hamilton his Com­missioner, upon the last day of May sign'd his Commission.

And in regard that upon Their Ma­jesties Acceptance of the Crown, all Commissions, Gifts and other Writs sup­scrib'd by the King were of necessity to be docketed and countersigned by the Secretary of State, the King made choice of the Lord Melvil for that Office, as being a Person that could never be in­duced to act in the former Raigns. And in regard it was as necessary for him to have an Advocate, he named Sir John Dalrimple, one of three Commissioners for offer of the Crown, to that Em­ployment.

Moreover because as King of Scotland, it was no less requisite for him to have a standing Privy Council, His Majesty made choice of the following Persons to act in that High Station.

• Prince G. of Denm.
• D. of Hamilton
• Marq. of Douglass
• Marq. of Athol
• Earl of Drumlanrigg
• E. of Argyle
• E. of Crawford
• E. of Arrol
• E. of Marshal
• E. of Sutherland
• E. of Glencarn
• E. of Eglington
• E. of Cassels
• E. of Lowthian
• E. of Annandale
• E. of Tweddale
• E. of Leven
• Earl of Dundannald
• E. of Kintore
• Lord Yeasters
• L. Melvil
• L. Ross
• L. Cardross
• L. Carmichel
• L. Ruthen
• The Mast. of Forbes
• The Mast. of Melvil
• Sir James Dalrimple of Staire
• Sir John Dalrimple
• Sir John Melland
• Sir Hugh Campbil of Kaddal
• Skelmorley
• Polwart
• Laird of Grant

The Privy Council thus chosen made it their first business to take care for the preservation of the Kingdom; for the disturbance of which they had Intima­tion of several Machinations and Con­spiracies. Insomuch that about the be­ginning of June the Lord Tarbot's Son [Page 138]was seiz'd, the Lord Levar, and the Lord Dunmore committed to Custody, with some Ladies also of Quality. But while the Privy Council were thus prying in­to the secrets of these dark designs, not being able to make any perfect discovery, fifteen Men and two Women issued out of the Castle of Edinborough, at that time not surrendred, the Men having their Muskets Cockt and well charg'd with a brace of Bullets. But they were all ta­ken by the Guards that blockt up the Castle, except one Woman, that escap'd through the Noreloch, and brought to the Duke of Hamilton. About the Wo­man there was taken a Pacquet of Letters, with many Keys, and particularly the Keys of the outer Gate of the Castle, and the Key of the Postern Gate. Soon after the Woman that made her escape was also taken with a great many more Letters. This seasonable discovery was of great Importance. For thereby the Council came to understand who they were that were most deeply concern'd in the designs on foot for overturning the Government, and the Methods and Instruments they made use of to bring [Page 139]it to pass. Among the rest it was found out that many belonging to the Law were concerned and several of the Mi­nisters that refused to pray for the King and the Queen. Among the Ladies, the Countess Dowager of Arrol was seized and brought up a Prisoner to Edinbo­rough, and committed upon this occasi­on. A certain Messenger going in dis­guise like a Beggar to Viscount Stor­mont's House, with a bag of Meal upon his Shoulders, after he had passed seve­ral of the Centinels, was at last stopped by one, who putting his hand into the Bag among the Meal, found several Let­ters, and the sum of fifteen pound Ster­ling in Gold. Those Letters discovered the Correspondent, and her Orders for the distribution of the Gold among Dundee's Officers: So that the Lady and the Gold were sent up to the Council, who committed the Countess to prison, and ordered the Gold to be employed for the Service of King William.

In the midst of these Transactions of the Council, upon the 5th. of June, the Duke of Hamilton acquainted the States [Page 140]with his having a Commission sent him from the King, to represent His Ma­jesties person in the first Sessions of the Approaching Parliament, and in refe­rence to that particular briefly thus de­livered himself.

That His Majesty had been 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 [Page 141]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 [Page 142]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. [Page 143]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 [Page 144]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 [Page 145]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 [Page 146]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 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. [Page 148]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 [Page 149]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 [Page 150]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, [Page 151]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 [Page 152]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 [Page 153]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, [Page 154]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 [Page 155]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, [Page 156]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 [Page 157]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 [Page 158]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 [Page 159]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 [Page 160]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 [Page 161]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 [Page 162]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 [Page 163]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 [Page 165]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 [Page 166]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 [Page 167]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 business of supernumerary Officers, the draught of an Act was gi­ven into the House and read, that no persons who were imployed in the late Government and were grievous to the Nation, or had shown their dissatisfacti­on to the happy Change, or had been Retarders or Obstructers of the good designs of the late Meeting, should be allowed to possess, or be admitted to any publick Trust, Place or Employ­ment of any kind under their Majesties within that Kingdom. But this Act like­wise being brought in the 26th. of June, met with several Remora's occasioned by certain clauses, which some thought required explanation. Persons who had onely shewn dissatisfaction, was thought too comprehensive and severe. Those who had been obstructers and Retarders of the Good design of the Estates, was deemed too liable to bad construction. And there were exceptions taken at the [Page 168]words Grievous to the Nation, as being too restrictive, without a farther inter­pretation. But at length upon the se­cond of July, Explanations being added in the Statutory part to every of the clauses excepted against the Act was brought in and passed in the terms that follow.

The King and Queens Majesty, consi­dering that the Estates of this Kingdom, have by their Vote declared their sence and opinion, that such have in the former evil Government been grievous to the Nation or have shewn disaffection to the happy Change by the blessing God now brought about; or have been Retarders or Obstru­ctors of the good designs of the said Estates in their Meeting, are not fit to be employed in the management of the Affairs of this Kingdom, do with the Advice and Con­sent of the Estates in Parliament now As­sembled, Statute and Ordain, that no per­sons of whatsoever rank or degree, who in the said former evil Government have been grievous to the Nation, by acting in the incroachments mentioned in the Articles of the Claim of Right, which are declared to be contrary to Law; or have shown dis­affection [Page 169]affection to the happy Change by the Bles­sing of God now brought about, by acting in opposition thereunto, since the time that the King and Queen now raigning were Pro­claim'd; or who has been a Retarder or or Obstructor of the good designs of the said Estates, viz. The securing the Protestant Religion, the settling the Crown, the esta­blishing the Rights of the Leiges, and re­dressing their Grievances, by acting contra­ry to the good designs, since the time they became publick by Votes and Acts of the Meeting, be allowed to possess, or be ad­mitted into any publick trust, place or im­ployment of whatever kind under their Ma­jesties in this Kingdom.

But whither it were that some persons in power thought themselves too deeply within the reach of the Act, or for what other cause is unknown, neither would this Statute be admitted to the touch of the Royal Scepter: So that instead of a Living Law it only became a dead peice of Writing. Which was a surprize to many that were concern'd in the passing it, as well as to several others, that were zealous for the King and the Kingdoms interest, that there should be men found [Page 170]who could spy out any thing in this Statute which deserv'd to be clamoured at, or was worthy to be complained of: more especially since every line breathed forth that lenity and moderati­on, that it savoured rather of a defect, then any excess of Justice, and that the utmost thereby designed was only a dis­abling a few wicked men from ruining the Nation for the future, but nothing of punishment for what they had done: for that there were none excepted as to Life, onely the few that were designed to be debarred from Offices, were de­scribed and charactered after such a manner, that the very employing them would dishonour their Majesties and dis­grace the Government.

Then a draught of an Act was brought in for abolishing of Prelacy, and all su­periority of any Office in the Church above Presbytery, and for the abroga­ting all former Statutes establishing Pre­lacy and all others contrary to the Act intended. Reserving to their Majesties to settle the Presbyterian Government in the way most agreeable to the peo­ples inclinations, and the Word of God. [Page 171]Which being Read, the Commissioner desired he might see the Act to consider of it against the next day.

The next day being the 3d. of July, the same Act was Read again, together with the Act of Parliament, 1662. For the restoring of Prelacy; with the se­cond Act of the year 1633. and the fourth Act in the year 1681. Which were rescinded by the Act intended, with some amendments in the Narrative part adjusting and fitting it to that Article in the claim of Right to which it rela­ted; and the following clause was ad­ded to the rescinding part, In so far Allenarly as those rescinded Acts are in­consistent with the present Act, and do establish Prelacy, or Superiority of Church Officers above Presbyters. In the next place the Clause in the Act, reserving to their Majesties and the Estates to set­tle the Government of the Church was taken into Consideration, and it being agreed that the Word Presbyterian, should be left out, the Commissioner mov'd that in the room of the Words, To settle the Government of the Church, &c. the alteration might be, to settle such a Government, &c. upon which a debate [Page 172]arose upon the importance of those words, which was put off till the next day.

Then the Act was again brought in and Read with the amendments, and without the paragraph of the rescinded Acts. And after some debate concern­ing the Clause objected against, the set­tling and Government of the Church being exprest in the terms following, That they with the Advice and Consent of this Parliament will settle by Law that Church Governmenu in this Kingdom, which is most agreeable to the Peoples In­clinations, the Act was put to the Vote and Approved. And then the Act ran thus.

‘Whereas the Estates of this King­dom in their Claim of Right, the Eleventh, of April last, declared that Prelacy and Supremacy in any Office in the Church, above Presbytery is and has been a great Grievance to this Nation, and contrary to the inclina­tions of the people since the Refor­mation, they having reform'd from Popery by Presbyters, and therefore ought to be rescinded. Our Sove­raign [Page 173]Lord and Lady the King and Queens Majesties do hereby abolish Prelacy, and Superiority in any Of­fice in the Church above Presbyters, in this Kingdom; and hereby rescind, ease, and annul the First Act of the Second Session of the First Parliament of King Charles the 2d. And the Second Act of the Third Session, of the Second Parliament of King Charles the 2d. And the Fourth Act of King Charles the 2d. and all other Acts, Statutes and Constitutions, in so far allenarly, as they are inconsistent with this Act, and do establish Prelacy, or the Superiority of Church Officers above Presbyters. And the King and Queens Majesties do declare, That They, with the advice of the Estates of this Parliament will settle by Law that Church-Government in this King­dom, which is most agreeable to the inclinations of the People. This Act was touched with the Scepter the 12th. of July.’

There was also another Act which had been made by another Parliament of K. Charles the 2d. in the year sixty nine, [Page 174]whereby the Parliament did enact assert and declare that the supream Autho­thority and Supremacy over all persons, and in all Ecclesiastical causes within the Kingdom of Scotland, by vertue of which the ordering and disposal of the external Government of the Church, was pro­perly lodged in the King and His Suc­cessors as an inherent Right to the Crown. This was lookt upon to be such a Law that never any Law before gave a greater power to a Prince; and the ill use of it in the Execution of King Charle's power by the Bishops of Scot­land, and by King James in claiming by it a power to introduce Popery, made it so terrible to the Generality of the Scotch Nation, that after the Estates had numbered it among the Chief of their Grievances, the Parliament past an Act, immediately after that for abo­lishing Prelacy, whereby they declared, That the first Act of the second Parlia­ment of King Charles the 2d. Intitled An Act asserting His Majesties Supremacy over all persons, and in all causes Ecclesiasti­cal, was inconsistent with the Establish­ment of the Church Government then [Page 175]desired. Therefore their Majesties with the Advice and Consent of the Estates in Parliament, did thereby rescind, abro­gate and annul the foresaid Act, and de­clared the same in all the Heads, Articles and Clauses thereof to be of no force or effect in all time coming.

But notwithstanding this Act past without any contradiction, yet was it never touched with the Scepter. Which was the more wondred at, in regard his Majesties instructions were express to his Commissioner in these words.

You are to pass an Act establishing that Church Government which is most agrea­ble to the Inclinations of the people, rescind­ing the Act of Parliament 1669. and all other Acts inconsistent therewith.

There were two great things more in Agitation during this Session; the one was the settling of the Church Govern­ment since Presbytery was abolished; and the other, about admitting the Lords of the Session, and Electing the President of the Colledge of Justice.

As to the first there were two draughts brought into the House, and form'd in­to Acts for the consideration of the [Page 176]whole Parliament; the One by the Lord Commissioner himself; and the o­ther by the Lord Cardross.

The first which was presented by the High Commissioner the 22th. of July, ran in these Words.

For as much as the King and Queens Majesties and the Estates of Parliament, by their Act of the first of July Instant, A­bolishing Prelacy, &c. did declare, That they would settle that Church Government which is most agreeable to the Inclinations of the People; and considering that Church Government by General, Provincial and Presbyterial Assemblies, with the Sessions of the Kirk, as it was established by the first Act of the twelfth Parliament of King James the sixth, holden in June 1592, is most agreeable to the Inclination of the peo­ple; Therefore the King and Queens Ma­jesties, with the Advice and Consent of the Estates of Parliament, revive and renew the said Act of Parliament in all the Heads, Poynts and Articles thereof, with this express Declaration (That the Ne­cessity of Occasional Assemblies be first represented to His Majesty by humble [Page 177]Supplication) And Statute and ordain, That it shall be lawful for the Presbyters of this Church to admit Ministers upon pre­sentation from the lawful Patrons, or Jure de voluto, which shall happen hereafter, or into Churches which fall not under Patro­nages, but were Mensal and Patrimonial Churches belonging to the Bishops: and ordain all Ministers in this Kingdom to submit and conform to the Church Govern­ment established by the foresaid Act, and to take the Oath of Allegiance, under the pain of being deprived of their Churches, and losing their Benefices.

And it is declared, That all Ministers that shall submit and conform to the fore­said Church-Government, and take the Oaths of Allegiance, without being oblig'd to take any other Oath, shall enjoy their Churches and Benefices, &c. in such man­ner and as freely as they ought or might have done before, by the Act in the Year, 1592. and to do all and every thing which before pertain'd to Presbyters, and were exercised by Bishops; except for Scandal or Insufficiency. But in regard there were several Ministers deprived of their Benefices since the Year 1662. for [Page 178]not conforming to Prelacy, and others since the Year, 1681. for not taking the Test. Therefore seeing that now Prelacy is aboli­shed, and all Acts relating thereto, it is but reasonable that those Ministers should be restored; Therefore the King and Queens Majesties with the advice, &c. Ordain the said Ministers &c. to be restored. And the King and Queens Majesties and Estates declare, That they will take care to provide those Ministers now serving the Cure at the said Churches, with other Be­nefices, as occasion shall offer; they submit­ing and confirming, &c. And it is far­ther declared, that Intrants to the Mini­stry shall not be obliged to take any other Oaths at their admission then that of Alle­giance, and the Oath de Fideli.

And in regard that many Confusions and Scandalous Schisms have happened by Mi­nisters meddling in Matters of State, Their Majesties with advice, &c. do here­by discharge all Ministers of the Gospel to meddle with any State Affairs, under pain of being held dis-affected to the Govern­ment, and to be proceeded against accord­ly. And declare, That the Jurisdiction of the Church consists onely in Preaching [Page 179]the Word of Jesus Christ, correcting of ill Manners by Ecclesiastical Censures, and administration of the Sacraments, confor­mable to the 69th. act of James 6. Parlia­ment 6. And to prevent that nothing be treated in the Church Judicatories that con­cern affairs of State or Civil matters, it is declared that their Majesties, if they think fit, may have always one present, in all the Provincial and Presbyterial Assemblies (as they have their Commissioner present in General Assemblies) to inhibit the pro­ceeding in any such affairs, if it should be offered at, until their Majesties and Privy Council be first acquainted therewith.

And for that there are many things to he settled in relation to the Discipline of the Church, &c. their Majesties declare that they with the advice, &c. will enact such Rules as shall tend most to the curbing Vice and advancement of true Piety and Religion, and the preservation of Peace and Ʋnity.

Their Majesties also, with the advice &c. rescind and annul the 1. Act of the 15. Parl. of King James the 6. for Pre­lates voting in Parliament, and the 2. Act of the 18. Parl. of K. J. 6. for the Restor [Page 180]of Bishops; the 8. Act of 19. Parl. of K. J. 6. about the Chapter of St. Andrews. The 6. Act of 20. Parl. of K. J. 6. concern­ing the 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 Church­men, 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, [Page 181]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 [Page 182]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, [Page 183]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 [Page 184]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 [Page 185]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 [Page 186]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 Lords of the Session; To this effect,

That by the Laws of the Kingdom, when the place of an Ordinary Lord of [Page 187]a Session was vacant, it was to be sup­plyed by the Kings nomination of a fit person for the said Office, and present­ing him to the rest of the Lords of the Session, to be tryed or rejected by them, but that then there was a total vacancy, by reason of the happy Revolution, so that there could be no such Tryal by the Lords: in which case when such to­tal vacancies fell out, the Lords were either nominated by the King and Par­liament joyntly; or if they were nomi­nated by the King, and the Lords so nominated were admitted by the Parlia­ment. Therefore the Act was so drawn that their Majesties would nominate fit persons for the said Office and present them to the Parliament, to be tryed ap­proved or rejected by them.

It was also farther ordained, That at all times hereafter when any such total Vacancy should happen, that the nomi­nation of the Lords of the Session should be in the King and Queen for the time being, or in the Regent, during a Mino­rity, so they should be presented to the Parliament to be tryed, &c. It was also farther Enacted that there should [Page 188]be a Ratification by their Majesties of the 93. Act of the 6th. Parliament of K. J. the VI. concerning the Admission of the Ordinary Lords of Session, and Re­formation of abuses therein. And the 132 Act of the 12th. Parliament of King James the VI. concerning the Jurisdicti­on, Presentation, Qualities and age of the Lords of the Session; in all the heads, clauses and articles of it: as also of the clause contained in the 93 Act of the 6th. Parliament of King James the VI. Declaring that the President of the Colledge of Justice should be Elected by the whole Senate.

This Act as it was drawn into form, was read again the next day, together with the 93 Act of the 6th. Parliament, and the 132 Act of the 12th. Parliament of King James the VI. to which the draught referred. And upon debate for a long time, the Question being put, Whither the Vote of the House in reference to the Act should be stated in the terms, of approve or not approve, Or of Repre­senting to His Majesties, or not? It was carryed that the Vote should be put, approve or not approve; and then the [Page 189]question being put, Whither the Act was Approved or not? It was carried in the affirmative.

The Parliament having proceeded thus farr, thought fit in pursuance of their Vote and Approbation of their Act, to make another Vote, that the stop put to the Signet should be continued, and that an Order should be drawn up for that purpose, till the High Commis­sioner should represent the whole mat­ter to His Majesty, and that he should be pleased to declare his farther pleasure.

But in the Height of this dispute the Parliament was adjourned upon the se­cond of August, to the eight of No­vember next ensuing; and when that day approached from the eighth of October to the twentieth of December following, and from thence again to the first of March, which caused a long Cessation of Parliamentary business. Ha­ving therefore thus brought the Parlia­ment to the end of their City Consultati­ons, it may be time to look into the Field, the rather because it was but a very lit­tle while before the adjournment of the Parliament, that the rebellion of Scot­land came to any thing like a Period.

The main disturbance after the happy Revolution, was raised by the Viscount of Dundee, who as he began with small beginnings, so through the vigilance of the Convention, and the Parliament af­ter them, he never arrived at any num­ber to render him very formidable; only by lurking and roaming up and down in the Fastnesses of the Highlands, he took his opportunities more like a Freebooter, then an Enemy to commit petty mischiefs, that at length brought inglorious ruine upon himself, and those that adher'd to him.

At first he was said to be gone North­ward, and that a Herald was sent after him to summon him before the Conven­tion, but he could not be met with. So that because he refused to appear be­fore the Convention, and for that he kept an Armed Force about his own House, and corresponded with the D. of Gourdon, he was upon the 30th. of March denounced a Rebel by the Vote of the whole Assembly.

Upon the Herald and the Trumpeters being sent after him, he sent a letter to the President of the Convention, to excuse [Page 191]his absence and his not appearing; seem­ing to wonder at it as an extraordinary thing, that a Trumpeter and a Herald should be sent to summon a Man to lay down Arms, that was living peaceably at his own House. That he did not think his person safe among so many E­nemies as he had in Edinburgh, and who as he was well assured, had laid their designs to murder him, and therefore he hop'd the Convention would discharge such a groundless pursuit. That if they thought his appearance necessary, yet it was impossible for him to attend with freedom and safety in regard of the Men of War, and Foreign Troops that lay in his way. Concluding that if the Convention could not be prevailed with to wave his appearance, yet that they would delay it till his Lady was brought to bed, and offering in the mean while, either to give his Parol or Secu­rity not to disturb the peace.

But notwithstanding this Letter, the next news that the Convention heard of him was, that he was gone Northward with a part of Fourscore Horse, and di­rected his March toward the Duke of [Page 192] Gourdons Countrey, where he was in hopes to find more assistance, which caused the Convention to give Orders for a considerable Force to make after him. His first act of Hostility was done against the Town of Innerness, to the In­habitants of which place he sent to de­mand contribution, threatning them with Military execution unless they paid it. But the neighbouring Gentry gathering together a considerable Force got into the Town, and constrained him to be­take himself again to the Hills. After this he attempted to have surprized the Town of Dundee, but he found them so well prepared to receive him, that he was forced to draw off. After which two unsuccessful attempts in a very dark night he entred St. Johnstons, and hav­ing taking the two Lairds of Blaire and Pollock, two Gentlemen of Quality out of their Beds, hastened back to his Fast­nesses.

Several other attempts he made, and ha­ving encreased his strength by the addi­tion of the Mackdonalds, Mackleans and others that came into his party, he be­came above three thousand strong, and [Page 193]threatned to fall into the County of Argyle. Of all which things the Con­vention had daily Intelligence, and there­fore ordered Major General Mackay with a considerable Force to hunt the Rebel out of all his Lurking holes. The Earl of Argyle was also sent to secure the Country of Argyle, and Colonel Ramsey and others to shut up other Passes into the Highlands to prevent the daily Incursions of the Rebels, who lived onely upon the spoil of their Neighbors. Nor was the Major General less Vigi­lant to follow the Rebels, watching all opportunities to get at them, and dis­lodge them out of their Fastnesses either by Surprize or open Force. But as it was found out afterwards Dundee had still Intelligence out of the Kings Army of all the Motions and Designs of the Major General; by which means Dun­dee being continually forewarn'd, fled from one Hill to another, and from one Wood to another to the great vexation and disappointment of the pursuers.

But this Conspiracy was about the middle of June luckily disclosed by the surprize of a Footman, who carried se­veral [Page 194]Letters which discover'd the whole Conspiracy, and all the Conspirators were soon after apprehended; who ap­pear'd to be all Officers and Souldiers of the Scotch Regiment of Dragoons; among whom the most considerable were Lieutenant Colonel Levingston, Cap­tain Lieutenant Creictown, Lieutenant Murray, and several others; of which there were some confest that the bottom of the design was to have betrayed the Army to Dundee, and to have seized up­on the Major General in his Tent; or at least to have gone over to Dundee upon the first engagement that should have happened between Him and the Rebels. For which being Tryed by a Council of War, they all threw them­selves upon the Kings Mercy.

Much about the same time four or five hundred Irish commanded by Colo­nel Cannon, Colonel Vanchap, Colonel Buchon and others, Landed in the Isle of Mull to joyn Dundee. This re-in­forcement was sent by the late King un­der a Convoy of three French Men of War, two of Thirty five Guns apiece, and one of twenty three, and were met [Page 195]by two Scotch Frigats, commanded by Captain Hamilton and Captain Brown, who fought the Three French Men till they had neither powder nor Shot left, and that the two Captains and most of their Men were killed or disabled; so that they both fell into the Enemies hands; though Captain Browns Ship was soon after re-taken by Captain Rook.

But notwithstanding this supply, Ma­jor General Mackay, being resolved to go and find out the Enemy, directed his March as far as Lochaber, through the County of Athol; as well in hopes to joyn a body of Fifteen Hundred Athol Men, which as he was made believe would appear for him, so soon as he came into that Country; as also to take in the Castle of Blair, where one Stuart of Belloghen had planted some Athol Men for Dundee. To this purpose upon Sa­turday the 17th. of July, he marched about sixteen Miles, and got through a narrow pass, where three or four men could hardly go abreast. But by that time Intelligence was brought him, that Dundee was near at hand, and ready to [Page 196]engage him about two Miles from Blair Castle. Upon which he drew up his Men in Battalia, to the number of be­tween three and four thousand foot, two Troops of Horse, and two of Dragoons. On the other side, Dundee came on with about six Thousand Foot, and a Hun­dred Horse. The fight began between four and five in the Afternoon, and last­ed till very near Night. Both sides fought with great Courage and Resolution for some time, till some of the Major Gene­rals Regiments being overpowred by the Enemy, and giving way, put some part of his forces into Disorder, so that he was forced to draw off and retire to­ward Sterling, where he arrived on Monday Night with a Body of Fifteen Hundred Men in very good Order. Ma­ny Men were slain on both sides, but more of the Enemy; and that which most of all augmented their Loss, was the Death of the Lord of Dundee, who was slain with a shot which he received in his left Eye.

Many people believed that there was Treachery in this Business, more especi­ally from the Athol Men, of whom not [Page 197]above sixty came to the Major General, of fifteen Hundred which he expected; and of those few that came to his Assist­ance, some that were sent to bring In­telligence of the Enemies Motions, in­stead of doing their Duty, went and gave the Rebels Advice of all the Major General's Demarches.

Nevertheless, in some measure to re­taliate this Misfortune, soon after the Major General having received Intelli­gence, that a selected Party of the Re­bels to the number of five or six hundred Horse, Foot and Dragoons had a design to fall upon St. Johnston's, to surprize the Stores and Provisions that lay there for the supply of His Majesties Forces, marched out from Sterling with a Party of Horse and Dragoons, and happening to meet with the Rebels, gave them a total Rout; kill'd and took the greatest number of them, and among the rest, Captain Hacket, who commanded the Party.

Dundee being dead, the Earl of Dum­ferlin, and Colonel Cannon contended for the chief Command, and sent into Ireland, for the late King to determine [Page 198]the Contest; by whom it was decided for Colonel Cannon. Not so well done, as some thought to prefer a stranger be­fore a Native so considerable for his Ti­tle: especially considering how natural it is for the Scots to adhere to the Gran­dees of their own Country.

However Cannon hoping to supply that defect by gaining Reputation to his Honour, resolved to signalize himself by some great Exploit. To which pur­pose understanding that Lieutenant Colonel Cleeland lay at Donkel with the Earl of Anguss's Regiment, consisting of Eight Hundred Men, came down from the Hills upon him with all his force that made up the Number of between three and four Thousand Men, besides the Addition of the Country. Cleeland observing the great Disproportion be­tween the Number of his own Party and the Rebels, took his Ground the most advantagiously that the place would give leave, planting his men be­hind Dikes and Ditches which he caused to be cast up, as also within the Walls of the Marquess of Athol's House and Garden, and in the Church and Steeple [Page 199]of the Town. The Highlanders came on in swarms, firing onely once and then running in with their Swords and Tar­gets; but Cleelands men received them so warmly, and plyed them so fast with their small Shot, as they prest on in Throngs and Crowds, that few of the Defendants Bullets flew in vain. In the heat of this Action Cleeland himself was wounded in the head and dy'd imme­diately. The Major of the Regiment was desparately wounded: neverthe­less the Souldiers were so far from being dismayed at the fall of their two chiefest Officers, that they fought with so much the greater Courage, and behaved them­selves with that effectual Resolution, that after a hot dispute of three Hours, the Rebels found themselves constrain'd to fly back to their Hills, leaving a great number of Carcases behind them; inso­much that when some of the Officers of the Rebels would have had them retur­ned and given the Victors the other As­sault, they would not hear of it, crying out, they would not fight against Men both Desperate and Mad. The com­mon report was, that about three hun­dred [Page 200]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 [Page 201]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 [Page 202]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 [Page 203]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 [Page 204]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 [Page 207]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 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 [Page 208]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 [Page 209]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 [Page 210]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 [Page 211]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 [Page 212]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, [Page 213]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 [Page 214]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 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 'tis thought than Lord High Commissioner for the ensu­ing Sessions of Parliament; though for sometimes seem'd to hang in dispute be­tween [Page 215]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 [Page 217]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 [Page 218]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 [Page 219]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 [Page 220]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 [Page 221]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 [Page 222]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. 'Tis 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 [Page 223]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 [Page 224]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 [Page 225]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 [Page 226]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 [Page 227]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 the result of their Counsels were not happy to themselves, and of national advantage, he feared the pre­sent opportunity of doing well, if neg­lected, would prove a heavy charge against them in the day of their accounts. After the Parliament immediately fell on business, and the first matters of moment that they insisted on were the two Acts that were read and pass'd in the pre­ceding Session of Parliament but were not touch'd, viz. The Act about the Kings Supremacy; the second was the Act to re­peal and annul the Rescissory Act, which abolished Presbytery, which Rescissory Act was made presently after King Charles the Seconds Restauration, and the que­stion being put after some small debate, [Page 228] Whether they should be presently Touch'd or Voted afresh? It was carryed they should be presently touch'd, which were done accordingly.

About this time happened an odd ad­venture at Elgen about 30 miles from In­verness, the business thus; 4 or 5 Gentle­men being in Company drinking & ma­king merry, among other discourses they hapned to fall upon the times, and some of them being persons not very well affected to the present Government, in the heat of their Cups did not stick to express themselves according to their in­clinations, one was in great expectation of the late King James's speedy return. Another very much doubted, one be­liev'd it feazible, another declar'd, he thought it impossible for the late King to recover or make a Conquest of Scotland again, at which expression one Thomas Tullock was so much enraged, that up­braiding their diffidence with a great many reproaches, he took a Pistol he had in his hand, and wish'd that that Pistol might be his death if he (the late King James) did not return again, and be Master of all his own, and before he [Page 229]could speak a word more the Pistol went off, and discharging it self into his breast shot himself clean thorough the heart, which when related with all its circumstances gave cause of astonish­ment not only to his own Company but to all that heard it. The Parliament had had several warm debates of the freedom that belong'd to every of the Estates in Electing their several Mem­bers for their Committees, and after much time on several days spent there­in; it was urged that the better to pro­ceed in chusing of the said Committees, it was necessary that the Act concerning the repealing the former Committee of Parliament, commonly called the Arti­cles, should be first sent for and conside­red; in which Act it was agreed that the Officers of State might sit, make O­vertures and Proposals, and debate in the Committee, but not to Vote; now the House looking on this as a grie­vance, had heretofore in the last Parli­ment Voted and annulled the said Act, and agreed that in lieu thereof, the Bench of Noblemen might chuse the Officers of State, to be Members of the [Page 230]Committee notwithstanding their being Ministers of State, which being a while argu'd was at length carried by the Vote of the house, and approv'd of, and im­mediately had the Royal assent. After which the Three Estates proceeded to the choice of their several Committees, the Estate of Lords as customarily, with­drawing into the inner Session house by themselves. The Estate of Barons con­tinued in the Parliament house, and the Estate of Burroughs retired to the Commissaries Bench in the lower end of the Parliament house: Where after a considerable time they chose their seve­ral Committees as follow.

• Noblemen.
  • The Marquess of Dowglass.
  • Earl of Eglingtown
  • Lord Forrester
  • Lord Belhaven
  • Lord Rollo
• [Page 231]Barons.
  • The Laird of Blackbarrony
  • Laird of Cragivar
  • Sir George Munro
  • Sir Andrew Agnew
  • Laird of Dun
• Burroughs.
  • Sir John Hall
  • Sir Robert Mellvill
  • Mr. William Erskine
  • Mr. John Ross
  • Mr. George Gourdon

• Noblemen.
  • Duke Hamilton
  • Earl of Argyle
  • Earl of Cassils
  • Earl of Forfar
  • Earl of Tarras
  • Earl of Kintore
• Barons.
  • Sir John Maitland
  • Laird of Anstruthero
  • Laird of Knocks
  • [Page 232]Sir Thomas Burnet
  • Laird of Craigens
  • Laird of Carrick
• Burroughs.
  • Mr. James Fletcher
  • Mr. Alexander Gourdon
  • Mr. James Lawder
  • Mr. John Cuthbert
  • Mr. James Mardock
  • Sir Patrick Murray

• Noblemen.
  • The Earl of Crawford
  • Earl of Southerland.
  • Viscount of Arbathnet
  • Viscount of Stairs
  • Lord Cardross
  • Laird of Carmichel
• Barons.
  • Sir John Maxwell
  • Sir Patrick Hume
  • Laird of Brody
  • [Page 233]Sir Archibald Cockburn
  • Sir John Munro of Fowlis
  • Mr. Adam Gourdon of Dallfolly
• Burroughs.
  • Sir Thomas Stewart
  • Mr. William Higgins
  • Mr. James Smith
  • Mr. John Anderson
  • Mr. James Kennet
  • Mr. Patrick Mardock

• Noblemen.
  • The Earl of Morton
  • The Earl of Lothian
  • The Earl of Leven
  • Viscount of Kenmuire
  • Lord of Bluntire
  • Lord Torpichen
• Barons.
  • Sir Robert Sinclare
  • Laird of Garthland
  • Laird of Grange Dumbar
  • Laird of Culloden Forbes
  • [Page 234]Laird of Pitliver
  • Laird of Rusco
• Burroughs.
  • Mr. James Smallet
  • Laird of Lewchold
  • Mr. John Murray
  • Mr. Robert Cleeland
  • Mr. John Boswell
  • Sir William Hamilton

Thus the Committees being settled and return'd to their several places, the high Commissioner (according to his privi­ledge) appointed them to meet the next day and so to adjourn from time to time in the intervals of Parliament.

The Rebels in the mean time though they were narrowly watched by their Majesties Forces, had yet made a shift to muster up fifteen hundred choice and select men, and were come down and and encamped at the Foot of the Hills, near Straithspey in the County of Mur­ray, commanded in chief by General Buchan, and Colonel Canon, and during their stay there had sent orders wherein they resolv'd to burn and destroy all that would not come out, joyn with [Page 235]them and assist them; of which Sir Tho­mas Levingstone having timely notice, without more deliberation took along with him eight hundred Foot, six Troops of Dragoons and two Troops of Horse, and with all convenient speed marched towards them, and encamped that night near Brody, where he was forc'd to attend two whole days the coming of his Bag­gage Horses. On the 30th. of April he receiv'd a very good account of the Rebels Camp, numbers and posture, and resolving to take them napping if possible; he immediately Decamps and Marching all that night, he made a shift before the break of day to reach Ballagh Castle, from whence he could easily discern the Enemies Camp by their Fires, and having receiv'd a very good account of the nature of the ground and the danger of the Waters, which run along the North side of the Enemies Camp, and perceiving a resolution in his Souldiers to engage, suitable to his own inclinations he thought fit to let them rest for half an hour and refresh themselves, then enquiring about the Fords, for there were two, whereof one [Page 236]lay within two Musket shot of the Re­bels Camp, and guarded by a strong party of the Enemy; the other was near a mile up the River, and left unregarded and secure by the Enemy. To this he forthwith marches his Army, and in all imaginable silence passes without the least opposition, having before left two hundred Firelocks which he had order­ed, at a convenient time to advance and fire briskly at that part of the Enemy that stood to secure the other pass, on purpose to amuse them, as if the whole Army was on that side coming to charge them, the project was so well laid, and so carefully executed, that our Horse and Dragoons were upon them Pellmell before they perceived them; so that be­ing possest with a pannick fear they could make little or no resistance, but turn'd their backs and fled in all the confusion imaginable. However our Horse and Dragoons pursu'd them so effectually that they left above four hun­dred of them dead upon the spot, and had totally destroyed them and put an end to their Rebellion, if a thick Fog had not put an end to their pursuit. [Page 237]General Buchan and Colonel Cannon their two famous Leaders were so hea­vily alarm'd, that the first was glad to fly without so much as Sword, Coat or Hat, and the other without more com­plement took his leave in his Shirt; nor had the Earl of Dumferling been better Accommodated, but that by some acci­dental business he had removed, and was called away to some other quarter the day before; after our Armies return from the pursuit, Colonel Levingstone received information that the High­landers, General Buchan, had detach'd a small party with several Officers of experience under the Command of a Kinsman of his own, and had given them Orders to possess themselves of an old Castle called Lethindey: our Comman­der thought fit to have it reduced, and forthwith Leading on his men he pre­sently Beleaguered the same. At the first appearance the Garrison seem'd enclined to a vigorous opposition, but our Com­mander perceiving the ground proper, presently lodg'd a Mine under the Wall, which the Enemy understanding they presently beat a parley, and surrender'd [Page 238]themselves at discretion to the Kings mercy.

'Tis hardly credible that in all this Action we had not one man of all our Army kill'd, and not above four or five wounded, and that but slightly neither, we had about half a score Horses killed; and this was all the dammage we su­stained in an action so important, we got all the Enemies Bag and Baggage, their Provision, and great part of it was in Claret, Meal, &c. We took also the Standard which was to have been set up for the late King James; a great many of the Prisoners were men of note amongst them, the chief of them were these.

• Captain Allen Maclean.
• Captain John Maclean
• Lieutenant John Maclean
• Capt. Lieut. Cullo
• Lieut. Halliburton
• Lieut. Middleton
• Lieut. Shewell
• Lieut. Christian
• Lieut. Drummond
• Ensign Ray
• [Page 239]Ensign Dunbarr
• Ensign Macnaughton
• Capt. Hutcheons
• Lieut. Beard
• Capt. James Buchan
• Capt. Brown
• Lieut. Searcher
• Lieut. Braudy
• Lieut. Aughmouty
• Ensign Rose

Some of these were taken in the fight others in the Castle of Lethindey, they were all sent up by strong Guards to Edinburgh and plac'd in the Tollbooth, and the Canigate.

This Defeat as it is by the best judg­ments believ'd, has totally overthrown all the measures of the Rebels for this ensuing Campaign, and indeed consi­dering they were the choicest of their men, and that they are in a rank despair of any seasonable supplies from Ireland. It was thought this misfortune would put them on a necessity of complying with the Government, and of living peaceably hereafter. The greatest in­couragement they had received of late, was from the access of the Earl of Seaforth [Page 240]to them who had lately come from Ireland, and made towards the North, but neither his Interest on one hand to raise either men or money, nor his personal ability on the other was of such significancy, as to encourage them to any great perseverance.

The Highlanders of Scotland are a sort of wretches that have no other con­sideration of honour, friendship, obe­dience, or Government, then as by any alteration of affairs, or revolution in the Government they can improve to them­selves an opportunity of Robbing and plundering their bordering Neighbours. If ther be any smack of religion amongst them, 'tis generally the Roman Catholick perswasion, on which account any dis­affected person that retired among them was something likely to work to an in­clination of assisting the late King James, however it seems the Earl of Seaforth did not meet with that encouragement and acceptance from them as he expect­ed, for after many Harangues, and con­sultations he held with them upon his confident assurance, that the late King was preparing, nay had already ship'd [Page 241]for their assistance of men, money pro­visions, and ammunition, together with the Duke of Berwick his son, and other brave Officers, after he had I say thought to decoy them with all these sweetning words and fine Stories, one of the Ring­leaders among the Highlanders, that had a little more sense than the rest, boldly ask'd the Earl what was become of King William's Army and Fleet in the mean time these preparations were making and sending to them; to which the Earl as foolishly as confidently reply'd, that King William's Fleet were all block'd up in their Harbours by the French: an imposition so gross that the Highlanders ridicul'd and disdain'd the impertinence, and resented the abuse. The Earl of Seaforth hereupon finding matters go ve­ry coldly for King James soon saw his errour and repented his undertaking, and being willing to make the best of a bad market, made what intercession he could by his friends, to be received into the favour of the Government, but as yet the Council or Parliament have de­termined nothing concerning him.

And now the Parliament were very earnestly applying themselves to the settling of the Church Government. They had already passed an Act in a preceding Session of this Parliament, for the abolishing of Prelacy, and all Supe­riority of Church Officers above Presby­ters, this they did in pursuance of the claim of right at their Majesties first ac­cession to the Crown of Scotland, they now proceeded to an Act for the resto­ring those Presbyterians, who since the first of January, one thousand six hun­dred and sixty one, had been thrust from their Churches: the substance of the Act was this.

‘That whereas many Ministers of the Presbyterian perswasion since the year aforesaid had been, for not conform­ing to Episcopacy, or Prelacy, and for not complying with the corrupti­ons of the times, either deprived of their Church, and the benefits there hence accruing, or banished their Na­tive Countrey for the same. Therefore their Majesties with advice and con­sent of the Estates of Parliament assem­bled, [Page 243]ordain and appoint, that all those Presbyterian Ministers afore­said, or as many of them as are yet surviving, shall forthwith have free access to their several respective Chur­ches, that they may presently here­upon in their said Churches exercise their several spiritual functions and Offices in their said Parishes; not needing any new call thereto: and that they should enjoy and receive the whole for the year one thousand six hundred and eighty nine, and shall forthwith enter into their several Churches where they be vacant, and where they are not vacant then they shall be declared to have right and title only to half the benefits and sti­pends, which became due and were payable at Michaelmas last, for the half year immediately preceding, be­twixt Whitsunday and Michaelmas, and that the present possessour shall have right to the other half years be­nefits aforementioned payable for the Witsunday last past: And by the force and authority of this Act, it is decla­red, that the present incumbent with­out [Page 244]let, hindrance or opposition, shall forthwith give way to the rightful Claimants aforesaid, and shall remove themselves, and upon notice and inti­mation thereof shall desist from their Ministry in their said Parishes, and the time allotted for their removal shall be betwixt the time of the passing this Act, and Whitsunday next to come, that the Presbyterian Ministers for­merly excluded may peaceably enter and enjoy the same.’ This Act was immediately put in execution and the Presbyterians that were yet living took possession of their several Chur­ches.—

This was no sooner done but the Par­liament proceeded to consult about a draught of an Act for the settlement of the Church Government, but the Epis­copal Clergy, now being sensible what would be the consequences of these de­liberations, and what they were likely to be reduced to, form'd a Petition forth­with, and with all convenient speed had it presented to the Parliament; wherein they humbly Remonstrated to the 3 Estates, that whereas they submit­ted [Page 245]to the Government of their present Majesties, conformable to the Law of the Land, they did humbly represent to and beseech his Majesties High Commissio­ner and the three Estates of Parliament assembled, that considering they had al­ready and would give assurance of their behaviour, according to the duty of faithful Ministers and peaceable Subjects under the present established Govern­ment, they would be pleased to take them into their gracious consideration, and secure to them that protection as to their lives and fortunes as had been be­fore promised to them, and whereas by an Act now proposed and likely to pass by the application of the Presbyterian Ministers, for the establishment of Presby­terian Church Government in this King­dom, by which all Ecclesiastical juris­diction and authority is so committed un­to them of the said Presbyterian perswa­sion, that thereby those said persons were made Judges of their Life and Doctrine, they humbly represented that this was positively prejudicial to that protection so often promised unto them, since thereby they were not only deprived of [Page 246]all interest in the Ecclesiastical Govern­ment, but upon every turn made liable to the scrutiny and censure of those men, (as to matter of their Life and Doctrine) who might justly be reputed their Ene­mies & parties, & consequently incapable of being their Judges, that tho' they did not fear to stand the Test of an Inquisi­tion into their manners and abilities as to their function, yet they could not but look on it as an hardship to be try­ed and adjudged by persons whose inca­pacities they offered to prove were in all points superiour to what was alledg­ed against them, that they thought the Presbyterian brethren would not be so unequitable as to allow that now in their case, which for sometime they disputed and disallow'd in theirs, to wit, as to the Presbyterians refusing to pay sub­jection in their Synods or Presbyters to any the Episcopal injunctions on the ac­count of their difference in opinion from them. That they heartily griev'd there had been no Ecclesiastical methods us'd for the healing those breaches that have been made in the Church, on the account of difference in opinion about Church [Page 247]Government, that they therefore did humbly beg that that High and Honou­rable Court, as they respected the ho­nour of God, and the advancement of his holy Religion, would take into their gracious consideration, to prepare such healing methods as may best in their great Wisdoms be thought to tend toward the perfect reconciliation of those diffe­rences, which had so long disturbed and broke the peace and unity of the anci­ent Church of that Kingdom: and which now was likely to be oppressive to the Consciences and Interests of so many of their Majesties loyal Subjects, and zea­lous Professours of the true Protestant Religion. This Petition was received and read in Parliament but matters as to the settlement of the Church Govern­ment was too far gone, for any extraordi­nary good consequence to the Episcopal Clergy from it: about this time came a re­port which afterwards prov'd a mistake, of the death of Sir Evan Cameron of Loc­heal, which was said to happen in manner following; The Rebels having agreed to send some considerable men of their party to King James, to represent their [Page 248]condition, and lay before him the necessity of sending some speedy supplies to them, or that otherwise they should not conti­nue in a condition to hold out any lon­ger, amongst them there arose a debate concerning fit persons to be sent, when Sir John Drummond of Machany having said to Macdonald of Glengary, that they that were King James his prose­lites were his ruine, which Glengary be­ing affronted at, replyed very sharply to him calling him some base name, tel­ling him withal he was as good a Pro­testant as he was, whereupon they both drew, and Sir Evan Cameron coming be­tween them to part and reconcile them received an unfortunate wound in the fray, which happened not to be mortal, as was reported.

The Parliament after some debates about considering an Act that was brought in for Liberty of Speech, the D. of Hamilton brought in the proposals for a Supply to be given to their Majesties for the maintaining the Forces, &c. at last they came to a resolution, that there should be a supply of seventy two thou­sand pound granted to the use afore­said [Page 249]and for the support of the Go­vernment for this currant year one thousand six hundred and ninety, to be paid in two equal Moyeties, and that the first payments should be made at Lammas, the other at Martimas next ensuing. And also thirty thousand pound sterling, should be assessed and raised for the three ensuing years, and the better to enable those that are obliged this cur­rent year, they are to have the retention of the sixth part of their annual Rents for this present year; and that all per­sons of all ranks, qualities and degrees should be obliged to pay to this Assesse­ment, and none to be exempted but those that received Alms. There was also now a motion received and appro­ven in the house, whereby it was enact­ed that all Commissioners, Clerks, Re­ceivers and Collectors of the supply granted to their present Majesties, should first be obliged to take the Oaths of Al­legiance to King William and Queen Mary, before they could be impowred to act in their Offices. In the second of June happened an accident which had [Page 250]like to have proved of very fatal conse­quence in the Town of Edinburgh, one Lendal Captain of the main Guard that night, perceiving one Keill a Captain of the Militia or Trained Bands of the Town, us'd him very uncivilly, giving him very opprobrious Language, and taxing him with the beggarly appea­rance of him and his Men, whereupon Keil being provok't, with a lusty Cane he had in his hand struck Lendal to the ground, whereupon some other inferi­our Officers made up, and laying hold of Kiel they presently made him prison­er and carried him forthwith to the Main-Guard: Keil being a man well known and belov'd in the Town, had hundreds of the Mobile presently resort­ing with sticks and staves, and threatn­ing to pull down the Guard-house un­less they did presently release Keil; in the mean time comes up a Magistrate of the town and immediately got Keil releas'd, but the Gentlemen Mobs blood being up they would not be satisfied without doing some injury to the Guard, which occasioned the Souldiers to stand to their Arms, and to threaten extremity to any [Page 251]that would dare to approach; all this however would not serve, but pressing on with vigorous insolence on them, the Centinels were obliged to defend them­selves, and hapned to kill two of the daring Fellows, and wounded others, the Magistrates hereupon went up to the Guard, and prevailed with them to go in and keep themselves close; and in the mean time got two or three Com­panies of the Earl of Levens Regiment, who were quartered in the Cannongate, to come up and immediately shutting the City Gates, they in a little time clear'd the streets, and drove the Sparks into their Houses without further harm, though they were obliged to keep Guards in many parts of the City, for that Night for fear of a relapse. The Captains are both of them confin'd, and 'tis believed he that gave the first pro­vocation will be severely punished.

The Earl of Pearth had been long a Prisoner in the Castle of sterling, for his high misdemeanours in the last Reign, together for his disaffection to the present establishment and but now by the representation of the Earl of [Page 252] Crawford it was mediated that he might have his liberty, provided he would pro­cure the coming back and safe return of the young Lord Drummond his Son, the Earl of Wigtown and his brother, who during the Guardianship of him the said Earl of Pearth, and the Earl of Melfort, were sent over Seas by their especial or­der, on purpose to be bred up in the Romish superstition, and that the Earl of Pearth should give allowable security to do so, as also for his peaceable beha­viour, without plotting or conspiring against the present Government. And now at last the long expected Act for settling of the Church Government came to be passed and touch'd with the Scep­ter. Which is at large as followeth.

Thus after so much disorder, so much Tyranny and Oppression in a King­dom, the ill successes of Rebellion, and the Return of Law and Justice into their ancient Channel, one would think should be sufficient to regain the Affecti­ons of Men wandring after Chimera's, and unite them to a Prince who has laid such Foundations of their Tranquil­lity. But Rebels and Robbers very sel­dom lissen to these charms, let the char­mer charm never so wisely. Which is the reason that the remains of Rebellion cannot yet be extinguish'd; and that their are several Trayterous Conspira­cies and Correspondencies found out of such as make it their business to disturb [Page 260]the peace of the Government. However in regard those Discoveries are not yet ripe for publick view, and that we can say nothing more of the Highlanders, but that they Rob and plunder where they can find any advantage, it is time here to conclude this accompt of the Revolution in Scotland, no less memo­rable then that in England.