An Account of the affairs of Scotland in answer to a letter written upon the occasion of the address lately presented to His Majesty by some members of the Parliament of that kingdom.

An Account of the Affairs of Scotland, In Anſwer to a Letter Written upon the occaſion of the Addreſs lately Preſented to His Majeſty by ſome Members of the Parliament of that Kingdom. SIR,

I Will comply with your Deſires, in giving you a view of the Scottiſh-Affairs, and before I make particular Anſwers to your Queſtions, I will lay open the whole matter of Fact which hath occurred in the Meeting of Eſtates, in Their Majeſties Acceptance of the Crown, and the Inſtructions given by His Majeſty to His Commiſſioner for holding of the Parliament, that you may be the better able to make a Judgment how far His Majeſty hath made Conceſſions to ſatisfie the Minds, and eaſe the Grievances of that Nation, by His Offers in His Inſtructions, to quite voluntarily theſe Advantages which the Crown hath inſenſibly got over the People ever ſince the Union of the two Kingdoms, whereby Scotland is as much in the Power and Mercy of their Kings, as moſt of the Nations in Europe, by a Legal Conſtitution, and the Conſent of the People in Parliament.

It may be then Surpriſing if this great Opportunity hath not been Imbraced, and theſe offered Conceſſions turned into perpetual Laws. But the Ambition of ſome, and the Selfiſh-Deſigns of others hath Obſtructed the Happineſs which that Nation could only expect from this Revolution, and have kept it under the Power of theſe ſevere Laws and ſtretched Prerogatives which His Majeſty was willing to have parted with.

A conſiderable number of the Nobility and Gentry of Scotland did Attend His Majeſty in His Expedition for Britain, and many moe having Met Him at London, they did Addreſs to His Majeſty, then Prince of Orange, to Aſſume the Government, till the Meeting of the Eſtates, which they deſired Him to Call. The Procedure in that Meeting was with a great deal of Diſcretion and Diſpatch, till the Country was put in a poſture of Defence againſt an Invaſion they had reaſon to apprehend from Ireland, and till the Inſtrument of Government was finiſhed, which is almoſt in the ſame terms with that of England.

Upon the Eleventh day of April laſt, the Eſtates did Proclaim Their Majeſties King WILLIAM and Queen MARY, King and Queen of Scotland, with all the Joy and Sincerity that could be Expreſt, the ſame day Their Majeſties were Crowned in England.

Upon the Eighteenth day of the ſaid Moneth the Eſtates did proceed to the Conſideration of ſome Grievances to be Repreſented to His Majeſty, which they humbly deſired might be Redreſſed in His Majeſties firſt Parliament. The Inſtrument of Government doth contain what the Eſtates did Aſſert to be the Peoples Right, and the ſeveral Facts condeſcended upon are declared Illegal and the higheſt Violations of Law, for which the Throne was declared Vacant. The Grievances do acknowledge the things complained upon to be Legal, but that the Laws introducing or allowing them are grievous, and therefore there was neceſſity of applying to the King for Reſcinding and taking off theſe Laws.

Upon the Twenty Fourth of April, all the Grievances were concluded, and three Commiſſioners, being one for each Eſtate of the Kingdom, were diſpatched with the offer of the Crown to their Majeſties.

Upon the Eleventh of May, the Commiſſioners did preſent a Letter from the Eſtates of Scotland to His Majeſty, which wa • Read firſt, then the Inſtrument of Government, then the Grievances, and laſt a Deſire from the Eſtates to be turned into a Parliament. The King Anſwered the Commiſſioners in theſe Terms. When I engaged in this Ʋndertaking, I had particular Regard and Conſideration for Scotland, and therefore I did Emit a Declaration for that, as well as to this Kingdom, which I intend to make good and effectual to them. I take it very kindly that Scotland hath expreſt ſo much Confidence in Me, and Affection to Me; They ſhall find Me willing to Aſſist Them in every thing that concerns the Well and Interest of that Kingdom, by making what Laws ſhall be neceſſary for the Security of Their Religion, Property and Liberty, and to Eaſe them of what may be juſtly grievous to Them. Then Their Majeſties took the Coronation Oath, and within ſome few days the King declared His Pleaſure for turning the Meeting of Eſtates into a Parliament at their own deſire, and He did Nominat the Duke of Hamilton His Commiſſioner, and upon the Thirty One day of May, His Majesty did Sign his Inſtructions.

Upon Their Majeſties acceptance of the Crown, all Commiſſions, Gifts, and other Writs Superſcribed by the King, muſt of neceſſity be Docueted and Counter-ſigned by His Secretary of State; The King made choice of my Lord Melvil for that Office, a perſon who could never be induced to act in the Publick, during the former Reigns, who had been Forefault, and forced to abandon his Relations, and native Countrey, and flee to Holland, where, and in Germany, he remained ſeven years; of whoſe Integrity and Sufficiency the King had good proof abroad, and of his ſincere Inclinations for the intereſt of Religion, and His Majeſties Undertaking: It was likewiſe neceſſary for His Majeſty to have an Advocat, and He did name Sir John Dalrymple, one of the three Commiſſioners which the States had ſo much recommended, and conſidered, as to Signalize and Intruſt Them with a Matter of the higheſt Credit and Reputation, as the offer of the Crown, and receiving the Coronation Oath; The reſt of the Offices His Majeſty did not ſupply, that He might have more opportunity to know who were Habile, and Deſerving Perſons for theſe Imployments. Hitherto Matters were Mannaged with Calmneſs and Concord; But now when the other Offices of Honour and Profit began to be Diſpoſed on, many who formerly did pretend to be behind with none for their Zeal, in Their King and Countreys Service, they quickly forgot the ſenſe of their Deliverance, and that Duty and Gratitude they owe to their Deliverer. It had been moved in the Grand Committee of the Meeting of the Eſtates, that it might be ſpecially Provided in the Inſtrument of Government, That the King ſhould not have Power to Name the Judges, Privy Counſellors, or Officers of State, but with Conſent of Parliament; This Motion was univerſally Rejected, and thrown out with Deteſtation, as an unreaſonable Incroachment upon the Monarchy; and there were only three in that whole Meeting, who did favour the Propoſal, of whom, ſome have worthily Retrited themſelves, by owning the King's Right in this Point, when it was afterwards called in queſtion; but what was univerſally Conſidered as an intollerable Invaſion on the Royalty, when there was no Government, hath been ſince owned for Law, and a Matter of the higheſt Importance, this alteration of ſome mens Sentiments, fell out Critically at that period, when the King came to diſpoſe of the Honourable, or Advantagious Poſts of the State, then every man began to value himſelf, and to believe he was better Judge of his own fitneſs for theſe Offices than the King, whoſe Right it is to Diſpoſe on them; and thus our pleaſant Schene is turned into Confuſion, and ſome who doubted of their Intereſt to be preferred by their Princes Favour to that Share and Intereſt in the Government they deſigned, they run about, hoping to force Him to take them off, for fear of their miſchief, whoſe Actings ſhew they reſolve rather to diſturb that Peace which is not yet well Confirmed, to Embroyle the Nation, Shake the Throne, hazard Religion, and all to a Revolution, than fall ſhort of their pretenſions; as if they had ſaid, Flectere ſinequeo ſuperos acheronta movebo; and they have endeavoured to Amuſe the unwarry multitude, with the ſpecious Pretexts of Law and Liberty; and that their Grievances are ſo far from being Redreſſed, that there are new Invaſions made upon them, and ſo in ſtead of taking their Relief, which the King hath offered to all the Grievances repreſented by the Eſtates; they fall upon new Complaints, not formerly pretended to, nor thought juſt, or worthy to be inſiſted on, for which ſome have Addreſt to the King with great peremptorineſs, hindring their native Countrey from receiving the benefit of theſe Conceſſions, which His Majeſty offers in His Inſtructions. But that I may not ſeem to impoſe upon you in this matter, I will fairly ſet down both the Grievances, and the Redreſs offered by His Majeſty, in the Inſtructions to His Commiſſioner, with ſome ſhort Notes, that you may better underſtand the nature of the Griev • nce, and the fulneſs of the Relief that is offered by the Inſtructions; • nd in regard the Instructions contain moe things than the Griev • nces do, ſuch as the turning the States into a Parliament, and the • ike, they do not follow the ſame Method, or Anſwer the num • er; Therefore I ſhall repeat every Article of the Grievances, with • he particular Instruction relating to it together, and then come to • our Queſtions.

Article. Firſt Grievance.

THe Estates of the Kingdom of Scotland do Repreſent, that the Committee of Parliament, cal • ed the Articles, is a great Grievance to the Nation, and that there • ught to be no Committees of Parliament, but ſuch as are freely Choſen • y the Eſtates to prepare Motions and Overtures, that are first made • n the Houſe.

This is Anſwered by the ſecond Article of the Inſtructions.

• nſtruſtion • econd.

YOu are to paſs an Act for Regulating the Articles, to conſist of Twenty four Perſons, beſides the Officers • f State, whereof Eight are to be Choſen by the Noblemen of their E • tate, Eight by the Barons, and Eight by the Burrows, out of their E • tates; and in caſe of the death of any of theſe Perſons, that Eſtate, out • f which the Perſon Deceaſed, ſhall ſupply the ſame. Theſe are to prepare Matters and Acts for the Parliament, but not to exclude the Parlia • ent, to take any Matter into their Conſideration, though it hath been thrown out, and Rejected in the Articles, and all former Acts, ſpecially the first Act, Parliament first, Seſſion third, Charles the Second, inconſiſtent herewith, are to be Reſcinded.

The Parliament of Scotland doth conſiſt of Three Eſtates, who all meet in one Houſe, and by the ancient Laws and Cuſtom of that Kingdom, there was a ſelect number of Perſons Choſen out of the Three Eſtates, who with the Officers of State, were called, Domini ad Articulos, becauſe they did prepare Articles, or Propoſals, and Framed Acts, which were brought in to be Conſidered in Parliament; And this Committee for Articles hath been as Antient as we find any Records of Parliament in that Kingdom; and the Officers of State were alwayes Members. The great Weight in the Mannagement of Affairs, was committed to this Committee: And in Antient times, after the Articles were once Conſtitute, the Parliament did Adjourn to a certain day, till all things were prepared by the Articles, which were to be propoſed in Parliament.

The Policy of that Kingdom had introduced, and maintained this Conſtitution of the Articles, upon weighty aad ſolid Reaſons, as 1o. To preſerve the different Intereſts of the Three Eſtates among themſelves, the ſeveral Eſtates having no Negatives in the Parliament; for though one State were intirely oppoſit, the plurality of the whole doth Determine and Decide; And the Eſtates not being equal in number, a greater State Combining, might overthrow the Intereſt of another, eſpecially ſince the State of the Nobility being increaſed at the Kings Pleaſure, there are at preſent as many Lords in Scotland, as do equal, or exceed the number of the Commiſſioners for Shires and Burrows together: As alſo, the number of the Royal-Burrows may be increaſed at the King's Pleaſure; But the Shires remaining the ſame, the Eſtate of the Burrows, which hath the greateſt part of the Property, and viſible Eſtate of the Nation, they may have the feweſt Votes in the Parliament: But in the Articles, every State hath an equal number, whereby in the Projecting, and Framing of the Laws, each State hath an equal Intereſt. 2o. All the Eſtates meeting in one Houſe, and there being no Negatives in the Parliament of Scotland, a ſuddain Vote would put the Kings of Scotland to this ſtrait and difficulty, either to conſent to a Law, whereof they might be ignorant as to its Deſign and Framing, or elſe to refuſe the Royal Aſſent, and ſo a Breach or Difference were Stated betwixt the King and People, and there could be nothing more expedient for preventing theſe Inconveniencies, than the Chooſing of a ſelect number for each Eſtate, who with the Officers of State for the King, did Prepare, Digeſt, and Adjuſt all Matters which were to be brought in to the Parliament.

In the Parliament of England, there are two Houſes, and their Forms of Proceeding are flow and Cautious, whereby the King may underſtand whatever is under the Deliberation of the one Houſe, before it come to the other, and by Conference betwixt the two Houſes, Matters uſe to be Adjuſted before they come the Kings length for the Royal Aſſent: But in Scotland, the Procedure is quick, and the Forms of Parliament are Expedit and Summar; beſides the Temper and Genious of the Nation, which is ready, (not to ſay, Prefervidum Scotorum Ingenium) whereby Matters of the greateſt Importance may be Stated, and Determined at one Sitting in the Parliament of Scotland; And therefore as Matters in England do proceed by Bills from the Houſes to the King; ſo in Scotland, Buſineſs did Commenſe from the Articles, in which, both the King and People had their ſhares of Members.

Of late there hath Exceſſes and Abuſes crept in to the Articles, both as to the manner of their Conſtitution, and Power of P •… miting the Parliament. And ſince the Year 1633. The Biſhops did chuſe Eight Noblemen, and the Noblemen did chuſe Eight Biſhops, theſe did chuſe Eight of the Commiſſioners for Shires, and Eight of the Commiſſioners for Burrows, who with the Officers of State, made up the Articles; by this method, both the ſmall Barons and Burrows were excluded from any Intereſt in chuſing the Articles, and they had not ſo much as a Vote in chuſing theſe perſons who were to Repreſent their particular Eſtates in the Articles. And it being the King's Prerogative to name all the Biſhops, in effect the King had the ſole Power, or Influence to make the whole Articles. 2o. In ſtead of a Preparatory Committee for Ordering all things that were to be brought to Parliament, the Articles did aſſume a Power, that what they once rejected, could not be brought in to plain Parliament: But yet by the expreſs Act of Parliament foreſaid, the 1. Act, Seſſ. 3. Parl. 1. K. Charl: 2. The Articles is Conſtitute in the manner above-mentioned, to be a perpetual Law in all time coming, which was juſtly repreſented as a Grievance to the King; but there is not the leaſt mention of Officers of State, though that point was ſpoken of, and under Conſideration in the Meeting: by this Instruction the King did moſt Graciouſly and Fully Redreſſe theſe Errors and Corruptions of the Artieles, by allowing every State to choiſe its own Repreſentatives, and Declaring that the Articles ſhall not have Power to Pre-limit the Parliament, but that even theſe things that have been rejected in the Articles, may be brought in, in plain Parliament, whereby the intereſt of the Eſtates are equal and intire, and the Parliament can never be impoſed upon, nor precluded.

It might have been expected, that ſo Gracious a Conceſſion from the King, and His parting with ſo important a Jewel, ſhould have ſatisfied every man, that the King deſigned no Arbitrary Power, and that He verified that Clauſe of His Letter to the Eſtates, That He would never put His Greatneſs, or the Advantage the Crown had got, in the Ballance with the True Interest of the Nation; Yet this Conceſſion did not pleaſe, but ſome men inſiſted, That there ſhould be no Articles, or conſtant Committee at all; having now taken up a prejudice againſt the Name, as well as the Exceſs of the Thing, though the Grievance calls it the Articles, and mentions not one word againſt a conſtant Committee; But now they would make an Inference from the Cuſtom of England, though the Conſtitution of the two Parliaments are totally different. And next, they did Object againſt the Officers of State, though this was no Incroachment, or Corruption, but they were Members of the Articles in the moſt Antient Conſtitutions; And theſe laſt hundred and fifty years, the Officers of State are named together in a Colum by themſelves, as diſtinct Supernumerary perſons for the Intereſt of the Crown; and as the Officers of State are not mentioned in the Grievance; So the meaning of the Articles can not be extended to reach them, for they being Supernumerary, and for the King, are not to be choſen, nor can Re-preſent any State of the Parliament, becauſe they are Members of Parliament, as Officers of State, and are called and ranked, though they be but Gentlemen, before the Commiſſioners for Shires and Burrows.

It cannot but appear a great extremity, that whereas by the preſent ſtanding Law, the King hath the whole Power and Influence in making the Articles, that in an inſtant He ſhall be reduced to have no Intereſt at all; and whereas every Eſtate hath an equal ſhare of Members in this Committee for preparing Things to the Parliament, the King ſhall have none for Him; and every Body knows what Advantage may be made in the Framing and Wording of an Act where the Matter may be plauſible, and it were hard that the firſt Notice or Advertiſement the King or His Commiſſioner might have of a Law deſigned, were to hear it Read and Voted in the Houſe, and ſo be put on a ſudden to give His Conſent, or interpoſe His Negative after the Parliament has engaged themſelves by a Vote, this Rock Our Anceſtors have always ſhunned: and there never was a Vote in the Parliament of Scotland before this time, till the Matter was firſt ſubjected to the Kings Conſideration, and that His Commiſſioner was previouſly Inſtructed, or knew it to be agreeable to the Kings Inclinations: And there being a Law ſtanding, that all Matters to be determined in Parliament, muſt be firſt brought in to the Articles, till that Law be Repealled, at leaſt theſe Votes which were preſſed in the Addreſs were both unneceſſary and prepoſterous. But the King was ſo far from taking any occaſion of Diſpleaſure, that he did Conced a further ſtep by an Additional Inſtruction, dated at Hampton-Court the Fourth day of July laſt, which the Commiſſioner Read in Parliament.

WILLIAM R. Additional Inſtructions to Our Right Truſty, and Right Entirely beloved Couſin and Councellor, William Duke of Hamilton, Our Commiſſioner.

1. BY the Second Article of your Inſtructions, Dated the Thirty One day of May laſt, you was impower'd to paſs an Act for regulating the Committee, Called the Articles, which were to conſiſt of Twenty four perſons, beſides the Officers of State; Notwithſtanding of which, Theſe are to Authorize you, to paſs an Act for them to conſiſt of Thirtie three perſons, beſides the Officers of State, whereof Eleven to be choſen out of every Eſtate, according to your former Inſtructions, who are to prepare Matters, as is therein expreſſed, not excluding the Parliament to take Matters into their Conſideration, though it hath been rejected in the Committee, nor to prevent their moving of any thing, and regulating of it to them, and the ſaid eleven out of every Eſtate to be choſen Monthly, or oftner, if the Parliament think it fit, and all former Acts, eſpecially the first Act Charl. 2. Seſſ. 3. inconſiſtent with this, are to be Reſcinded.

2. You are to paſs what Acts ſtall be propoſed ſor ſettling the Church-Government, according to your former Inſtructions.

3. You are to paſs an Act, Reſcinding all Forfeitures paſt against any of Our Subjects, either in Parliament, or Criminal Court, ſince the firſt day of January 1665, which ſhal be thought fit by the Parliament to be Reſcinded: Likewiſe you are to conſent to what Our Parliament ſhall propoſe for Reſtitution to be made of Fines, or Compoſitions for Fines, or Forfeitures, from thoſe who had the Benefit of them, and you are to Reſcind ſuch Acts as were made in the years 1681, and 1685, as are juſtly grievous.

Although the firſt of the above Inſtructions is not complyed with yet, you are to move the other two, and have them paſt before any Adjournment.

Given under Our Royal Hand and Signet, at Our Court at Hampton Court, the Fourth day of July, 1689. And of Our Reign the Firſt Year. By His Majeſties Command, Melvill.

The King did hereby Conſent, that the Articles ſhould not be a conſtant Committee as they are now by Law, but that the Eſtates might change their Repreſentatives as oft as they pleaſe, ſo that they could not be packed nor taken off by the Court, and that each State in ſtead of Eight might chooſe Eleven Members, whereby the Officers of State could never over-rule or determine them. The whole Number of the Officers of State extends only to Eight, whereof the Lord Secretary is ordinarly at Court, and in this preſent Parliament the King had but one Officer of State: But Conceſſions to perſons that are not reſolved to take ſatisfaction, have never good effects. This Overture was rejected, and ſome perſons muſt have all or nothing. But all that are indifferent muſt be convinced, that the King had fairly retrinched his Intereſt in the Parliament, having not only conſented to the Parliaments Aboliſhing of the Biſhops, but he was willing to have taken the Sting out of the Articles, and ſecured the Nation for ever, that the Articles could never be packt, nor the Parliament impoſed upon.

Article 2. Grievance.

THat the firſt Act of Parliament 1669, is inconſiſtent with the eſtabliſhment of the Church-Government now deſired, and ought to be Abrogate.

This ſecond Article of the Grievance is Anſwered by the Fourth Inſtruction thus,

Inſtruct. 4.

YOu are to paſs an Act, Eſtabliſhing that Church-Government which is moſt agreeable to the Inclinations of the People, Reſcinding the Act of Parliament 1669, and all other Acts inconſiſtent therewith.

By the Inſtruction, the King doth entirely Remit to the Parliament, to eſtabliſh what kind of Church-Government was moſt agreeable to their Inclinations, as the Repreſentative of the People without propoſing Qualification or Limitation. And becauſe the Act of Parliament 1669, doth Recognize and Declare an extraordinary Power in the Kings of Scotland, without Conſent of Parliament, in relation to Eccleſiaſtical Affairs, whereby any Government of the Church, eſtabliſhed by Act of Parliament, might be changed by the King; therefore the King Condeſcends to Reſcind that Law, and to paſs from the Prerogative of the Crown, as it is eſtabliſhed and aſſerted by that Act, whereof the Tenor follows,

ACT Aſſerting His Majesties Supremacy over all Perſons, and in all Cauſes Eccleſiaſtical. November 16. 1669.

THe Eſtates of Parliament having ſeriouſly Conſidered, how neceſſar it is for the good and peace of the Church and State, that His Majeſties Power and Authority in relation to Matters and Perſons Eccleſiaſtical, be more clearly Aſſerted by an Act of Parliament; Have therefore thought fit it be Enacted, Aſſerted and Declared, Likeas His Majeſty with Advice and Conſent of His Eſtates of Parliament, Doth hereby Enact, Aſſert and Declare, that His Majeſty hath the Supreme Authority and Supremacy over all Perſons and in all Cauſes Eccleſiaſtical within this His Kingdom, and that by vertue thereof, the ordring and diſpoſal of the External Government and Policy of the Church doth properly belong to His Majeſty and His Succeſſors, as an Inherent Right to the Crown, and that His Majeſty and His Succeſſors may Settle, Enact, and Emit ſuch Conſtitutions, Acts and Orders concerning the Adminiſtration of the External Government of the Church, and the Perſons employed in the ſame, and concerning all Eccleſiaſtical Meetings, and Matters to be Propoſed and Determined therein, as they in their Royal Wiſdom ſhall think fit: Which Acts, Orders and Conſtitutions being Recorded in the Books of Council, and duly Publiſhed, are to be Obſerved and Obeyed by all His Majeſties Subjects, any Law, Act or Cuſtom to the Contrary notwithſtonding. Likeas His Majeſty, with Advice and Conſent foreſaid, Doth Reſcind and Annul all Laws, Acts and Clauſes thereof, and all Cuſtoms and Conſtitutions Civil or Eccleſiaſtick, which are contrary to, or inconſiſtent with His Majeſties Supremacy as it is hereby Aſſerted, and Declares the ſame Void and Null in all time coming.

Never did Law give a King ſuch a Power, nor ever did a King part with ſuch a Law. There was an Act Brought in and Voted for, Reſcinding the Act of Supremacy, it was not Touched, which cannot be Imputed to the King, there being an expreſs Inſtruction for Reſcinding that Act.

Article 3. Grievance.

THat Forefaultures in prejudice of Vaſsals Creditors, and Heirs of Entail, are a great Grievance.

This Article is Anſwered by the fixth Inſtruction.

Inſtruction 6.

YOu are to paſs an Act that Forefaultures ſhall only be extended to what Intereſt the Rebel had, and that innocent Vaſſals or lawful Creditors, for Debts upon Record ſhall not be prejudged, nor ſuch Heirs of Entail, whoſe Rights of Succeſſion are eſtabliſhed by publick Infeftment.

The Laws of Scotland in relation to Treaſon are very many, and therefore Forefaultures there are too frequent; the Feudal Laws and Cuſtomes takes place in Forefaultures, and Treaſon being the greateſt Ingratitude, the Rebels Fee returns to the King, in that ſame condition that it was Originally given out, without the burden of his Debt, or regard to any Deed done by the Rebel, after committing of the Crime, or to any Deeds or Alienations made before the Crime, which were not conſented to, or Confirmed by the Superior, and rendred Real and Publick by Infeſtment, and not only Heirs of Entail are cut off from their hope of Succeſſion, • or the Delinquency of the Fiar, but the Rebels innocent Vaſſals who are not Confirmed, by the Confiſcation of the Dominium Directum, which was in the Rebel, the Dominium utile falls in conſequence. There have been ſo many ſad inſtances of the ſevere effects of Forefaultures in Scotland, to the Ruin of many Families, who had no acceſſion to the Treaſon, that of late this ſingle Conceſſion would have been purchaſt by that Nation at the deareſt rate; but Courtiers and Miniſters, who had hopes to make advantage, and procure Gifts of Forefaultures, they have alwayes reſiſted the good deſign of Reſtricting the prodigious effects of Forefaultures, till now that the King hath reſolved, Never to conſider His Own Advantage, and Greatneſſe, in oppoſition to the Intereſt and Eaſe of His Subjects: He hath by this Instruction ſecured lawful Creditors, whoſe Debts are not Colluſive, but upon Record, and innocent Vaſſals, though not Confirmed, and likewiſe Heirs of Entail, whoſe Rights of Succeſſion are not Privat and Clandeſtine, and ſo might be antedated, though they were truly made after, or in proſpect of Rebellion; but where the Rights are nottour and publick, which muſt be Recorded, in that caſe, even the Rebels Heirs are ſafe, which is one of the moſt conſiderable, and univerſal Favours which could be done to that Nation.

Article 4. Grievance.

THat the obliging the Leidges to Depone upon Crimes againſt Delinquents, otherwiſe than when they are adduced in ſpecial Proceſs, as Witneſſes, is a great Grievance.

This Article is Anſwered by the tenth Inſtruction.

Inſtruction 10.

WE are ſatisfied that an Act ſhould be paſt for ſecuring the Leidges againſt Inquiries, by way o • Inquiſition, but in reſpect of the preſent Junctur • of Affairs, this Matter would be well Conſidered by the Parliament; an • therefore when the Terms of this Act ſhall be Adjuſted, you are to Tranſmit the ſame to Ʋs, that We may give you particular Inſtructions thereanent.

By the Cuſtom of Scotland, any perſon might be examined ſummarly, in relation to other perſons, againſt whom there was no Proceſs depending, and without confronting the perſons; And albeit ſuch Expiſcations did not amount to a Probation, except theſe Depoſitions had been renued in preſence of the Jury; yet being taken upon Oath, in abſence of the party concerned, to ſugeſt any thing for clearing of himſelf, the privat Informers became engaged to hold by what they had once Declared, under the pain and diſgrace of Perjury; by this Instruction, which is fuller than the Grievance, His Majeſty conſents to ſecure His Subjects from ſuch Inquiſitions; But in regard of the Machinations and Plots which may be neceſſar for the Government, to be diſcovered at this preſent Juncture; Therefore His Majeſty doth Remit to the Parliament to Conſider what is proper at this time, that they might fall upon ſome Temporary Remeid, as the Parliament of England had done, in relation to the Habeas Corpus, or Suſpending the Commenſment of this Law for ſome time.

Article 5. Grievance.

THat Aſſiſes of Error are a Grievance, and that Juries be conſidered by Parliament.

This Article is Anſwered by the ſeventh Inſtruction.

Inſtruction 7.

YOu are to paſs an Act, either to take away Aſſiſes of Error, or otherwaies that they ſhall take place, as well against the Jurie that Condemns, as againſt the Jurie that Aſſoilȝies any Pannel.

By the Law and Cuſtom of Scotland, the Criminal Judge doth Cognoſce and Determine the Relivancy of an Inditement, and the Jury doth only Conſider the Probation adduced, and give their Verdict, whether the Pannel be guilty, or not guilty; And this is a ſingular Cuſtom in Scotland, that when upon the Juries Verdict, the Pannel, or Party accuſed is Abſolved, that Jury was lyable to be Conveened before a Grand Jury, and the perſons might be found guilty, as Temere Jurantes ſuper Aſſiſam, for acquiting • he Criminal, but in caſe they did Condemn, the Jury was not lyable to an Aſſiſe of Error; This hath been introduced in the ſimplicity of antient times, when Juries were more prone to Mercy than Severity, becauſe it was preſumed, no man would paſs upon a Jury willingly to Condemn his Neighbour, if he did thereby expoſe himſelf: But in the latter times, this has been found a great Inconveniency, and Juries may be affrighted, and impoſed upon to Condemn perſons, becauſe the King's Advocat may Proteſt for Aſſiſe of Error, in caſe they acquit, whereas they are ſecure if they Condemn, and therefore the King hath conſented that the Parliament make their own choice, whether they will take away Aſſiſe of Error in all caſes, or if they will make Juries lyable for Condemning, as well as acquitting Pannels.

Article 6. Grievance.

THat the 18 Act of Parliament 1681. Declaring a Cumulative Juriſdiction is a Grievance.

This ſixth Article of the Grievance is Anſwered by the eight Inſtruction, thus.

Inſtruction 8.

YOu are to paſs an Act Reſcinding the eighteenth A •… of Parliament 1681. Aſſerting the Prerogative i • point of Juriſdiction.

This ſixth Article of the Grievances, and eighth Instruction, i • Anſwer thereto, will be beſt underſtood by the Act it ſelf, to whic • they relate. Follows the Act.

ACT, Aſſerting His Majeſties Prerogative in point of Juriſdiction. September 16. 1681.

THe Estates of Parliament Conſidering, That all Goveenment an • Juriſdiction within this His Majeſties Antient Kingdom o • Scotland, does originally Reſide in His Sacred Majeſty, Hi • lawful Heirs and Succeſſors: And though His Majeſty and His Royal Predeceſsors have beſtowed Offices and Juriſdictions upon ſeverals o • His well deſerving Subjects, yet theſe are not privative of His Juriſdiction; They do therefore in a dutiful and humble Recogniſance of His Majeſties Royal Right and Prerogative, as to this Point; Declare, That notwithſtanding of theſe Juriſdictions and Office • , His Sacred Majeſty, may by Himſelf, or any Commiſſionat by Him, take Cogniſance • nd Deciſion of any Caſes, or Cauſes, He pleaſes.

Shortly after this Act, there was a Commiſſion under the Great Seal, to the Lords of Seſſion, rendring their places Arbitrary, and • d placitum, in which the Lord Stair, Preſident of the Seſſion, Lord Newbyth, and others were left out; Theſe the King hath now Reſtored to their places, according to His Declaration; and even Heretable Juriſdictions, were Invaded, and not only matters Civil, but the higheſt Points of Criminal Juriſdiction were commit • ed to Soldiers, and other perſons, who were Impowered Summarly to Execute to the Death, free Subjects, without any formality of Proceſs, or Jury, and many perſons were taken off that way, whereby the ordinary Legal Judicatures might be rendred • neffectual; And the King had Power to Judge every Scotſ-man, either for his Life, or Fortune, by himſelf, or ſuch perſons as he pleaſed to appoint, and to Avocat Cauſes to be Cognoſced by His Courtiers at Whitehall. This gave the King the greateſt latitude • f Arbitrary Power imaginable, and more than is practiſed in any • lace of Europe; And when ſuch Laws are once Eſtabliſhed, in • avours of the Crown, we ſeldom ſee Princes willing to Renounce • hem, but only to moderat the Execution in ordinary Caſes, re • erving alwayes the Power and Capacity to themſelves: But by • his Inſtruction, our King was willing to part with this extravagant Power, and it is matter of Surpriſe that He was not taken at His Word.

Article 7. Grievance.

THat the Commiſſariot Courts as they are now Conſtitute, are a Grievance.

This is Anſwered by the ninth Inſtruction.

• nſtruction 9.

YOu are to paſs an Act for Regulating the Abuſes in the Commiſſary Courts, and all other inferior Courts.

The Commiſſars were a moſt Antient Conſtitution, the Nomination of them was committed to Church-men, but after the Reformation, the Biſhops being excluded, the Nomination of the Commiſſars did fall to the King; and after the Reſtitution of Epiſcopacy in Anno 1606, the Nomination of the Commiſſars was given to the Biſhops, as their Officials, and they are the ſole Judges in the firſt Inſtance of Scandel, Matrimony, Divorce, and ſeveral other Matters, which have alwayes been reſerved in the hands of the Clergy, as the Confirmation of Teſtaments, and ordering the performance of the Wills and Legacies of Defuncts, and the Proviſions of Relicts, and Orphans. In this Grievance, it is Repreſented, That there are Errors according to the preſent Conſtitution of this Court, yet theſe Errors are not ſpecified; Nevertheleſ • the King remits it to the Parliament to Rectifie whatſoever they thought amiſs in this Court, and the Inſtruction is much larger tha • the Grievance, for thereby the King Remits it to the Parliamen • to Regulat all inferior Courts.

Article 8. Grievance.

THat the 27 Act of the Parliament 1663. Giving th • King power to Impoſe Cuſtom at His Pleaſure upo • Forraign Import and Trade, is a Grievance, an • prejudicial to the Trade of the Nation.

This is Anſwered by the ſeventeenth Inſtruction.

Instruction 17.

YOu are to endeavour to procure an Act, or Act • for the encouragment of Trade; and if the 2 • Act of the Parliament 1663. be found inco • venient, it may be Regulat, or Reſcinded, and when the Prop • ſals are Adjuſted, you are to tranſmit them to Us, that you ma • receive Our Inſtructions thereanent.

For the better underſtanding of this Grievance, I have ſet dow • the Act it ſelf.

ACT, Aſſerting His Majesties Prerogative in the Ordering and Diſpoſal of Trade with Forreigners.

THe Eſtates of Parliament Conſidering, That during the late Troubles, divers Invaſions were made upon the Royal Prerogatives of the Crown, and that in a juſt abhorrence of thereof, and in a due ſenſe of the Happineſs they enjoy under His Majeſties Government, They are oblidged on all occaſions to Vindicat and Aſſert the ſame in the ſeveral Branches thereof: And ſince the Ordering and Diſpoſal of Trade with Forraign Countreys, and the laying of Reſtraints and Impoſitions upon Forraign Imported Merchandiſes, is by the Law of Nations acknowledged to be proper to, and Inherent in the Perſons of all free Princes, as an undoubted Prerogative of the Crown: They therefore in a Dutiful and Humble Recogniſance of His Majeſties Prerogative Royal, Do Declare, That the Ordering and Diſpoſal of Trade, with Forraign Nations, and the laying of Reſtraints and Impoſitions upon Forraign Imported Commodities, doth belong to His Majeſty and His Succeſſors, as an undoubted Priviledge, and Prerogative of the Crown; and that by vertue thereof, they may lay ſuch Impoſitions and Reſtraints upon Imported Forraign Commodities, and ſo Order and Diſpoſe upon the Trade of them, as they ſhall judge fit for the good of the Kingdom: Likeas, the King's Majeſty, with Advice and Conſent of His Eſtates of Parliament, Doth hereby Reſcind and Annul all Acts, Statutes Conſtitutions and Cuſtoms to the contrary, and Declares the ſame void and null in all time coming.

This Grievance doth acknowledge that the King hath power by Law, to Impoſe what Cuſtom or Duty He pleaſes upon Forraign Trade, but it States the King in a Legal Capacity, without Conſent of Parliament, to exact as great Sums as the Nation is able to furniſh, for every Countrey needs ſomething from another, either of abſolute neceſſity, or conveniency, eſpecially ſuch Countreys as do not abound with Manufacturies, and Artiſens: and in a Northern Countrey, Spiceries, and Drugs are become almoſt as neceſſar as Air and Diet, beſides Iron, Wine, Pitch, Tar, and an hundred things, wherewith Scotland doth not furniſh it ſelf; and by Impoſing ſuch exorbitant Duties upon theſe, as the French King doth upon Salt, the Kings of Scotland might Supply themſelves without being beholden to Their Parliaments, and People for their Aids; and it is impoſſible to ſuſpect, that a King who is willing to part with this Power, which the Law Declares to be an Inherent Priviledge of His Crown, can be uneaſie to His People in any thing; and it is amaſing, that ſince the effect of this Law is underſtood, and hath been acknowledged in the Grievances, how any perſons could be ſo cruel to their Native Countrey, as to obſtruct the Relief, which the King offered them in this Conceſſion? And if this opportunity were never renewed, how juſtly might this Age, and the ſucceeding Generations blame them.

Article 9. Grievance.

THe not taking an effectual Courſe to Repreſs the Depredations and Robberies by the Highland Clans, is a Grievance.

This is Anſwered by the eleventh Inſtruction.

Inſtruction 11.

YOu are to endeavour to procure an Act for an effectual Courſe to Repreſs the Depredations and Robberies by the Highland Clans, and when this Matter is Digeſted, you are to Tranſmit the Propoſals to Ʋs, that you may get particular Instructions thereanent.

The Depredations by the Highlanders is certainly a great inconvenience to the Kingdom, whereby the Inhabitants of the Low Lands are not only obliged to keep numbers of Armed Men to Watch and Guard the Paſſages and Deſcents from the Highlands; but likewiſe to pay conſiderable Compoſitions to theſe Robbers, to procure their Protection and Aſſurance, which the Law Diſcharges, and this Acknowledgment is called Black-mail, whereby theſe Thieves are Suſtained without Induſtry or Vertue, who are hard to be Reduced or brought to Juſtice, becauſe of the unacceſſableneſs of the Mountains, and that Forces are not able to find Subſiſtance there, nor March as far in two or three dayes in a Body, as the Highlanders can do in one; and therefore the Grievance is juſt. But there is no Method propoſed for accompliſhing the Redreſs; Therefore the King doth Remit to the Parliament to Conſider, and Digeſt effectual Courſes for Repreſſing the Highlanders, which are to be Tranſmitted to His Majeſty, that He may give particular Inſtructions to His Commiſſioner. Likeas in the mean time, though the Parliament did Refuſe to grant a Supply, yet the King hath maintained a conſiderable Army upon his own Charge this Summer, and hath planted conſiderable Garriſons round the Verge of the Mountains, to ſecure the Low-Lands; and if His Majeſty ſhould withdraw, or Disband theſe Forces, which He hath not been enabled to pay, the Highland Clans being now Combined in Arms, and open Rebellion againſt the Government, they would quickly deſtroy that Kingdom, and might raiſe ſuch a Flame in England, as might have fatal Effects, before it could be quenched.

Article 10. Grievance.

THat the baniſhing by the Council of the greateſt part of the Advocats from Edinburgh without a Proceſs, was a Grievance.

This is Anſwered by the thirteenth Inſtruction.

Instruction 13.

YOu are to paſs an Act that no perſons be Baniſhed out of the Kingdom, or from any part thereof ſummarly, without a Proceſs.

It is not worth the while to trouble you with the Detail of this Matter; But you may think it ſtrange how the Privy Council comes to be charged with it, and it is acknowledged that it was a Grievance, now if it be not preſently a Grievance, how can it be Redreſſed by the King.

Beſides either the Sentence of Baniſhment was juſt or not, if it was juſt, it cannot be quarrelled, if it was unjuſt and illegal, that is not a Grievance that muſt be Redreſſed by the making of a new Law, for the ſtanding Law muſt give Relief to every thing that is againſt Law. But here there was more Reſentment of ſingle perſons, than Injury to the Nation. And though the King might have ſlighted this Matter, being ſtated in that manner, that it was incapable to be Redreſſed; yet He gently covers and paſſeth it over, that none of the Grievances ſhould want a ſatisfactory Anſwer, He condeſcends, that an Act be made, that no perſon be Baniſhed without a Proceſs, which is the Law there already, and in all other Civiliſed Nations.

Article 11. Grievance.

THat moſt of the Laws Enacted in the Parliament 1685, are impious and intollerable Grievances.

This is Anſwered by the Twelfth Inſtruction.

Inſtruct. 12.

YOu are to paſs an Act, Reſcinding ſuch Acts of the Parliament 1685, as are justly grievous to the People.

If this Grievance had condeſcended upon the particular Acts, as it might, the King had given particular Inſtructions to Reſcind them: But this general (of the moſt part) left them uncertain what Acts were mean'd to be impious, intollerable and grievous; and the King being willing in every thing to ſatisfie his People, He has ſubjected the whole Acts of that Parliament to the Power of this preſent Parliament, which muſt convince you, that the King had no mind to evade the deſires of His People, or to ſhift them off upon the Generality of their Deſires: But what they plainly deſire, He gives a diſtinct Instruction to it, and when they point at any thing which they do not diſtinctly Expreſs, He Remits the whole Affair to themſelves: and in this Caſe, becauſe there was no neceſſity of Adjuſting Narratives, but only to Reſcind ſome Acts of that Parliament; therefore the King doth not Require His Commiſſioner to Tranſmit the Propoſals, as in many other Articles, but Authorizeth him to give the Royal Aſſent in this Matter, and in the Settling of Church-Government, and in Redreſſing of Fines, and Reſtoring of Forfaultures, which were the greateſt Tokens of his Intire Confidence in the Parliament, and that He did not Proceed Cautiouſly or Narrowly with them. Who could have expected ſuch unſuitable Returns, that ſome perſons ſhould preſs to proceed to Votes in Matters new, not offered in their Grievances, without Repreſenting to His Majeſty any thing of the Matter, before they were previouſly engaged, and put the King to the neceſſity of a Refuſal. But that you may have a Swatch of the Acts of that Parliament, and how far our Great Men did Outvey one another to Depreſs the Nation, and Raiſe the Prerogative, I have ſet down the Second Act of that Parliament, by which you will ſee that they have not reſted in the Doctrine of Paſſive Obedience, but for what I ſee, we owne Active Obedience without Reſerve, and yet I am told, this Act paſſed with very few or no contrary Votes.

A Declaration and Offer of Duty by the Kingdom of Scotland, with an Annexation of Exciſe to the Crown. April 28. 1685.

THe Eſtates of Parliament now Conveened by His Majeſties Soveraign Authority, Taking into their Confideration, how the Nation hath continued now upwards of 2000 years, in the unaltered Form of our Monarchical Government, and uninterupted Line of 111 Kings, whoſe Sacred Authority and Power, hath been upon all Signal Occaſions, ſo Owned and Aſſiſted by Almighty God, that Our Kingdom hath been Protected from Conqueſt, Our Poſſeſſions Defended from Strangers, Our Civil Commotions brought into Wiſhed Events, Our Laws Vigorouſly Executed, Our Properties Legally Fixed, and Our Lives Securely Preſerved, ſo that We and Our Anceſtors have Enjoyed thoſe Securities and Tranquillities, which the greater and more Flouriſhing Kingdoms have frequently wanted. Thoſe great Bleſſings We Owe in the firſt place to Divine Mercy, and in Dependance on that, to the Sacred Race of Our Glorious Kings, and to the Solid, Abſolute Authority wherewith they were Inveſted by the Firſt and Fundamental Laws of Our Monarchy: Nor can either Our Records, or Our Experience Inſtance Our being Deprived of thoſe happy Effects; But when a Rebellious Party, did by Commotions and Seditions, Invade the Kings Sacred Authority, which was the Cauſe of Our Proſperity; yet ſo far hath Our Primitive Conſtitution, and Fundamental Laws Prevailed againſt the Innovations and Seditions of Turbulent Men, as that theſe Interuptions never Terminated, but either in the Ruine, or at leaſt the Suppreſſion of theſe who at any time did Rebell or Riſe in Oppoſition to Our Government. And ſince ſo many Ages hath Aſſured to Us, the great Advantages that flow down to all Ranks of People from the happy Conſtitution of Our Monarchy; and that all Our Calamities hath ever ariſen from Seditious Invaſions upon theſe Sacred Rights, Therefore the Eſtates of Parliament, for Themſelves, and in Name of the whole Kingdom, Judge Themſelves Obliged to Declare, and They Do Declare to the World, that they Abhor and Deteſt, not only the Authors and Actors of all preceeding Rebellions againſt the Soveraign; but likewiſe all Principles and Poſitions which are Contrary, or Derogatory to the Kings Sacred, Supreme, Abſolute Power and Authority; which none, whether Perſons, or Collective Bodies, can Participat of, any manner of Way, or upon any Pretext, but in Dependance on Him, and Commiſſion from Him; and as Their Duty formerly did Bind them to Owne and Aſſert the Juſt and Legal Succeſſion of the Sacred Line, as Unalterable, by any Humane Juriſdiction; ſo now they Hold Themſelves on this Occaſion Obliged, for Themſelves, and the whole Nation, Repreſented by Them, in moſt Humble and Dutiful Manner, to Renew the Hearty and Sincere Offer of their Lives and Fortunes, to Aſſiſt, Support, Defend and Maintain King James the 7th, their preſent Glorious Monarch, and his Heirs and Lawful Succeſſors, in the Poſſeſſion of Their Crowns, Soveraignty, Prerogatives, Authority, Dignity, Rights and Poſſeſſions, againſt all Mortals: And withall, to Aſſure all His Enemies who ſhall Adventure on the Diſloyalty of Diſobeying His Laws, or on the Impiety of Invading His Rights, that ſuch, ſhall ſooner weary of their Wickedneſs, than they of their Duty; And they firmly Reſolve, to give their intire Obedience to His Majeſty, without Reſerve, and to Concur againſt all His Enemies, Forreign, or Inteſtine; and they ſolemnly Declare, that as they are Bound by Law, ſo they are voluntarly and firmly Reſolved, that all of this Nation, betwixt Sixty and Sixteen, Armed and Provided, according to their Abilities, ſhall be in Readineſs for His Majeſties Service, where, and as oft as it ſhall be His Royal Pleaſure to Require them.

And ſince the Exciſe of In-land and Forreign Commodities, Granted to King Charl. 2, of ever bleſſed Memory, by the 14th Act of the Parliament 1661, during all the days of his Lifetime, and Prorogat by the 8th Act of the Parliament 1681, for five years thereafter, will ſhortly Terminat. And the Eſtates of Parliament Conſidering the Uſefulneſs of this Grant, to Support the Intereſt of the Crown: Do as the firſt Evidence of their Sincerity, in the foreſaid Tender of their Duty, Humbly and Unanimouſly Offer to His moſt Sacred Majeſty, King James the 7th, their preſent Monarch, and to His Lawful Heirs and Succeſſors, in the Imperial Crown of Scotland, the ſaid Exciſe of In-land and Forreign Commodities, expreſt in the ſaid 14th Act of Parliament 1661, to be Collected in the manner Preſcribed by the ſaid 8th Act of the Parliament 1681, for ever. And His Majeſty and Eſtates of Parliament, by the force of this Act, have United, Annexed and Incorporated; and Unites, Annexes and Incorporats the ſame to the Crown of this Realm, to Remain therewith in Annexed Property, in all time coming. And in reſpect that the Alteration in the method of Collecting the In-land Exciſe, from what it was by the Act 1661, to that Preſcribed by the 8th Act of the Parliament 1681, will require ſome time to eſtabliſh it in Collection. Therefore His Majeſty, with Conſent of the Eſtates, continues the Collection Preſcribed by the 14th Act of the Parliament 1661, for the ſaid In-land Exciſe, for ſix Moneths, from the firſt of May next allenarly.

Art. 12. Griev.

THat the Marriage of a King or Queen of this Realm to a Papiſt, is dangerous to the Proteſtant Religion, and ought to be provided against.

This is Anſwered by the Fourteenth Inſtruction.

Inſtruct. 14.

YOu are to paſs an Act, that the King or Queens of that Realm ſhall not marrie with Papists, under this Certification, that a Popiſh Queen Conſort, or the Husband of a Soveraign Queen, ſhall not be capable to enjoy the benefit or advantage of any Proviſions which the Law provides, or particular Contracts or Agreements may have ſecured to them.

This is a moſt juſt Grievance, and at this Port much Miſchief hath been Landed to theſe Nations, and a great Danger to our Religion in general. No Popiſh Princes do Marry with Proteſtants, but all the Daughters of Popiſh Princes are aſſumed into the Throne of Proteſtant Kingdoms, whereby the Royal Iſſue, to ſad experience, may be poiſoned with Popiſh-Principles from the Mother and her Prieſts, which is unavoidable, if a Papiſt can be a Queen. If the Grievance had propoſed any particular Remedy, the King would not have refuſed His Conſent, who is above all Suſpition in this Matter; and therefore the King hath propoſed in His Inſtruction, to make a Law, Diſabling the King or Soveraign Queens of Scotland to Marry with Papiſts, as to which at preſent they are under no Limitation by any former Law: and for a further Penalty to deter all Papiſts to Marry with them, it was to be Declared, that the Popiſh Husband of a Soveraign Queen, or a Popiſh Queen Conſort, ſhould be incapable to enjoy any Proviſion or Benefit, either by Law or Paction, during the Marriage, or after its Diſſolution; and if the Parliament could fall upon any further Securities, it would be worthy of their pains to fortifie this Paſſage yet further, which is in ſo great probability to be Attaqued, and hath ſo great opportunity to ſink the Intereſt of theſe Nations, and endanger the Proteſtant Religion thorow the World.

Article 13. Griev.

THat the levying, or keeping on Foot a Standing-Army in time of Peace, without Conſent of Parliament, is a Grievance.

This Thirteenth Article of the Grievances, is Anſwered by the Nineteenth Inſtruction.

Inſtruct 19.

YOu are to paſs an Act againſt a Standing-Army in time of Peace, but ſo as Guards, Gariſons, and neceſſary Standing-Forces may be Continued.

By this Inſtruction, tho the King hath the Power, yet He is Content to paſs a Law againſt a Standing-Army in time of Peace, beyond His Guards, Gariſons, and neceſſary Standing-Forces.

Article 14. Griev.

THat all Grievances relating to the Manner and Meaſure of the Leidges their Repreſentation in Parliament, be Conſidered and Redreſſed in the firſt Parliament.

This Fourteenth Article of the Grievance is Anſwered by the Fifteenth Instruction.

Instruct. 15.

YOu are to paſs an Act, that the greater Shires of that Kingdom, ſuch as Lanark, Air, Perth, Eyſe, Aberdeen, and Mid-Lothian, and others where it ſhall be found Convenient, may ſend three or four Commſſiioners to Parliament, that the Repreſentation may be the more equal.

The Parliament of Scotland, is a Feudal Repreſentation of the whole Nation, wherein every Bit of Land within the Kingdom is repreſented: The King as Leidge-Lord, Jurae Coronae, is not only Inveſted in the Kingdom, and hath the Dominium directum as Superior, as well as King of the whole, but likeways has the particular Patrimony of the Crown, and whatever falls to the King Jure privato, by Succeſſion, Emption, Excambion, or any other Title; and alſo what befals to Him by Confiſcation, or what is Caduciary, or where the King Succeeds as Ʋltimus Haeres, Nam quod nullius est Regis eſt. The great Barons or Lords, they Sat in Parliament for their Lordſhips and Baronies, whether they be Biſhops or Temporal Lords: And by the Antient Cuſtom of Scotland, every Free-Holder, that is to ſay, (not as in England he who is Seaſed of a Proportion of Lands belonging to Him in Property) but he who Holds a parcel of Lands in Capite, or immediatly of the King, is underſtood a Free or Noble Holder in Scotland; and becauſe the Diviſions and Multiplication of Baronies hath rendred many of the Free-Holders ſmall, ſo that their Attendance in Parliament was Chargeable and Burdenſome to them; and it was a Diſparagement to the Kings great Court of Parliament, that the Mean Free-Holders ſhould be Pares Curiae with the Nobility or Peers; therefore the ſmall Barons who do not Hold an Hundred Merk Land of the King, are Allowed to Send their Commiſſioners to the Parliament, and the Barons of each Shire are Allowed to Send two or moe Commiſſioners to the Parliament. The Royal Burrows make up the Third Eſtate to the Parliament; and each Royal Burrow doth Send One Commiſſioner, but Edinburgh which Sendeth Two to Repreſent in Parliament, the Lands given out by the King to their reſpective Burrows, to be holden of Him Burgage, whereby unaquaeque Gleba, every Bit of the Kingdom is repreſented in Parliament: But the Number of the Lords being Increaſed at the Kings pleaſure, they are now become as many as the Commiſſioners of Shires and Burrows, if they were all preſent, and it hath been the cuſtom of our Kings to Erect Royal Burrows, as they think fit, the Shires always remaining the ſame. The Commiſſioners for Shires, who do Repreſent the greateſt part of the Property of the Nation, they are not proportional in Number, and they have made many Attempts, that the Shires being unequal in Extent, Value or Number of Inhabitants, that therefore the great Shires might be Allowed to Send more Commiſſioners, which is agreeable to the Act of Parliament, to Send Two or More, that the Repreſentation in Parliament of the Nation might be the more equal. This Deſign hath been always Obſtructed by the Lords, or great Barons, that they might have more Votes and Influence in the Parliament; as alſo, the Court hath Conſidered the Barons, as that part of the Parliament, which could be leaſt Pack'd or Influenced, being perſons generally of the beſt Senſe and Subſtance, as being choſen by the reſt of the Barons to Repreſent them: Therefore the Court hath never Favoured this Adjuſting of the Repreſentation, having greater Influence upon the Royal Burrows, who are Weaker, and upon the Noblemen, who are generally more Neceſſitous, and ſo more eaſily brought over to the Sentiments and Deſigns of the Court. But this King Regarding Equity and Juſtice, more than Power, He hath Conſented that the Repreſentation in Parliament be rendred as equal as can be, and that the greater Shires ſhall have a greater Number of Repreſentatives.

Article 15. Griev.

THat the Grievance of the Burrows be Conſidered and Redreſſed in the firſt Parliament.

This is Anſwered by the Sixteenth Inſtruction.

Inſtruct. 16.

YOu are to paſs an Act, Ratifying the Priviledges of the Burrows, and Securing their Rights, in Electing their own Magiſtrats for the Future, and that the Burrows of Glaſgow and St. Andrews ſhall have the Electing of their own Provoſts, Baillies, and Town Council, as the other Royal Burrows of that Kingdom have.

The Royal Burrows have a peculiar Intereſt in the King, for as Burghs of Barony and Regality, are Incorporations belonging to Noblemen and Gentlemen, ſo the Royal Burrows are in a particular manner the King's own Burrows, Holding immediatly and directly of the King; and the Law doth not allow the interpoſition of any Nobleman, or Baron, to have intereſt in the Magiſtracy of Burrows, but only ſuch as are of their own Community: Of late, the Royal Burrows were extreamly Incroached upon; and in the laſt Reigns, the Magiſtrats of Burghs were nominat by Letters from the King, though by their Charters, the Incorporation, and Town Council had Right to chooſe their own Magiſtrats. His Majeſty, then Prince of Orange, in His Declaration for Scotland, takes ſpecial notice of the Injury done to the Royal Burrows; and therefore, though the Grievance in relation to the Burrows, be altogether general, yet His Majeſty hails an opportunity to Redreſs and Gratifie them; and therefore He Impowers His Commiſſioner to make a Law, Ratifying all their Priviledges, whereby the Commiſſioner was obliged to give the Royal Aſſent to any thing that the Parliament ſhould Determine to be the Right and Priviledge of the Burrows. 2o. His Majeſty offers to ſecure to the Burrows, that they ſhall never be Invaded for the future, and that they ſhall have the ſole and free Choiſe of their own Magiſtrats. 3o. By the Aboliſhing of Epiſcopacy, the King being come in the place of the Arch-Biſhops of St. Andrews and Glaſgow, he had in their Right, the Power of naming the Provoſt and Magiſtrats of theſe Burghs, whereby Glaſgow, though it be the ſecond Burgh in the Kingdom, yet it hath not the ordinary Priviledges of the meaneſt Burgh Royal; And the King, to ſignifie His Gracious Intentions to the Burrows in general, He gives them all that is in His Power, and allows theſe two Burrows to chooſe their own Magiſtrats; albeit ſome have repreſented this Conceſſion to be prejudicial to the Crown, and that it is fit for the Crown, that the King retain in His own Hand, the chooſing of the Magiſtrats of Glaſgow, as an Aw-band over that numerous people, or that He Commit this Power to ſome great Family about them, who may keep that City in Order. 4o. Trade being the great concern of the Burrows, the King hath allowed His Commiſſioner to paſs Acts, one, or moe, what the Parliament ſhall think fit for the Encouragement of Trade, which give a ſufficient Riſe and Warrant for Repairing the Royal Burrows, againſt any Invaſions that had been made upon their Rights in the point of Trade; So that they ſhould not be obliged to pay for a Priviledge they did not enjoy: Here is a notable Evidence, how far the moſt Gracious Conceſſions of a Prince may be miſtaken, and ſlighted. The Royal Burrows were abuſed by the Induſtry of ſome perſons, and made believe, that the King by His Inſtructions, had given them no Relief, and that He had not regarded the Grievance, in relation to the Royal Burrows, upon this Impoſture they did Combine in the Parliament, to refuſe a Supply, to oppoſe any thing, that was brought in, in purſuance of the King's Inſtructions, and to concur in all the Votes that was brought in againſt Him, which they did accordingly, only a few Burgeſſes being excepted, and certainly, if they had underſtood the King's Gracious Intentions towards them, they could never have been guilty of ſuch Tranſports againſt both their Duty and their Intereſt; and when they come to be informed, it will oblige them for the future to be more cautious, not to take up an ill Report, raſhly to doubt their Soveraign, or deſtroy themſelves; and the Royal Burrows being further ſham'd to ſend up theſe ſame perſons who had abuſed them with an Addreſs to His Majeſty, deſiring an Anſwer to that Grievance which did concern them: His Majeſty pitying their Innocence, gave an Anſwer in Writing, that it might be ſure to come to their Hands; ſignifying, That He had remembred their Concerns very particularly from the beginning, and that they had no reaſon to doubt His Care, deſired them not to ſuffer themſelves to be further abuſed, to miſtake their own Intereſt, but that they might believe He would Redreſs all the juſt Grievances of the Nation, and ſpecially of the Royal Burrows, in whom He owned a peculiar Intereſt. This Goodneſs and Forbearance in the King, cannot fail to produce ſuitable Effects of Duty and Gratitude, and when the Burrows ſhall be ſufficiently Informed, they will certainly take occaſion to have a new Convention, and return His Majeſty an humble acknowledgment of their miſtakes, and a dutiful ſenſe of His Favours, as well as the Conceſſions in His Inſtructions.

Now you ſee that the King hath given a particular Gracious Anſwer to every one of the Grievances; and beſides theſe, there is an Inſtruction for the Regulation of the Univerſities: And after all, the King concludes with a general Inſtruction, If there be any thing elſe that may be neceſſary for the good of that Kingdom, to be paſt into Laws: You are to acquaint Us from time to time, with ſuch Overtures, that you may be Authoriſed with particular Inſtructions thereanent. This admits no Paraphraſe, it was impoſſible for a Prince to ſay more, this was a Catholicon for curing all the Grievances, that either were, or could be repreſented; and what a ſtrange Return was it, not to Tranſmit their Overtures, but to proceed to Votes, Straiten and Manacle the Royal Authority, in its moſt neceſſary and undoubted Powers.

Since I have given you the Grievances and Inſtructions together, you are able to Judge, and I do ſubmit to your Judgment, whether my Reflections be Genuin or no; and I ſhall conclude, 1o. That Nation lyes under the preſſure of moſt heavy and grievous Laws. 2o. The King hath done all upon His part that was poſſible, to render that Nation happy; and ſince He muſt be acquitted by all indifferent Judgments, I will not give my ſelf the trouble to tell you who are guilty, ſince the Inſtructions are ſo full, the Miniſters of State muſt be innocent.

By this time, I think you may be able to reſolve your own Queſtions. 1o. If the King hath done His part, and be not to blame, how comes the Majority of the Parliament to be diſcontented? 2o. Why did not the Parliament accept theſe Conceſſions pro tanto, and turn them into Laws, and then ask what more they thought neceſſary? 3o. What is the meaning of ſo many Addreſſes, and particularly, the laſt which is Printed? 4o. Upon what grounds does theſe men build their hopes, who do ſo pertinaciouſly oppoſe the King, and what may be expected, whether the Presbyterians will joyn with them or not?

I muſt confeſs, your Doubts are highly reaſonable, but they may be Reſolved, by what hath been already clearly Stated, and what I ſhall further tell you; great expectation is a mighty enemy to Contentment, if there were leſs ſelfiſhneſs amongſt us, there would be more Satisfaction; people did expect the return of the Golden Age, or the beginning of the Thouſand years from this Revolution, and their Impatience is like to hinder them to enjoy what they deſire. The King can imploy no more Actors than our Stage can hold: He hath not put any Stranger, nor any Scotſman that ſerved Him abroad in any Scottiſh Imployment; if the Nation could make a larger Fond, no doubt He would be willing to intertain more perſons, for its not likely the King intends to put up any Scots Money in His pocket at preſent, He hath allowed no multiplication of Offices in one perſon, but by putting the great and lucrative Offices into Commiſſions, there are twice as many perſons imployed in this Government, as ever can be inſtanced in former Eſtabliſhments.

In the whole Parliament of Scotland, for all this noiſe, there are not twenty perſons, as I do verily believe, who are at bottom ill affected to their Majeſties Service, and Government, but there are very many who have been ſeduced, and have been impoſed upon, wholly under groſs miſtakes, which have tranſported them beyond the bounds of Diſcretion or Duty.

There are perſons amongſt us, who have their Thoughts ſo much ſet upon getting into the Government, and Lucrative Places of the Kingdom, that they are reſolved to diſquiet the Government, and diſcontent the people, before they fail of their pretenſions, and they turn themſelves into all ſhapes, and plyevery Wind to Deceive, and amuſe the people, their influence is not ſo much becauſe they are able and Leading Men, as that they are reſtleſs and implacable Spirits, and they have gotten this aſcendent over a great part of the Parliament, two or three wayes. 1o. The moſt part of the Parliament have been kept ignorant of the King's Inctructions, and there was no Artifice wanting, to poſſeſs every State and Perſon, that the King had refuſed Satisfaction, or Redreſs to theſe points of the Grievances which were moſt material, and I know, to my experience, that the Miniſters, and alſo ſeveral Members of Parliament, who came up here with the loudeſt Complaints, upon a ſight of His Majeſties Inſtructions, they were ſurpriſed and convinced; and the like ſucceſs may be expected throughout the whole Kingdom and Parliament after a competent time to be informed, and peruſe the Inſtructions, and that they may return to their former temper, and ſhew that affection they had for His Majeſty, and the Deference and Submiſſion to His Mannagement of Affairs. 2o. Theſe perſons who are ſo inſatiable for preferment and places, they did very dexterouſly ſtart and mannage an unneceſſary Debate, whether or not the King was obliged by their Offer, and His acceptance of the Crown, to Redreſs all Grievances, and whatever Concluſions they were pleaſed to draw from them, as their meaning, though theſe be neither obvious nor expreſt; and albeit it be very true, that the Grievances are not obligator upon the King as they are repreſented, further than the King in His Wiſdom ſhall find the things Complained upon, to be truly prejudicial to the Nation, and in ſo far as Father of the Countrey, He is obliged to give His people Relief; but Their Majeſties were Declared, Recogniſed, and Proclaimed King and Queen of Scotland before the Grievances were Framed, and ſo they could be no Condition or Quality of Their Right, but being humbly repreſented to the King's Majeſty from the Eſtates, to be Redreſſed by Him in Parliament, His Majeſty did not at all engage Himſelf in any particular, but Declared in general, that he would Redreſs every thing that was truly Grievous to the Nation; now while they mannage this diſingenious and weak Argument, whether the King be obliged to Redreſs the Grievances, they in the mean time have endeavoured to perſwade the people that the King hath not at all done it, and that he is ſo far from performance, that both he and his Miniſters denyes there lyes any obligation upon him, ſo that in this Revolution, the people do only obſerve a change of Maſters, but no eaſe of Burden, or Redreſs of Laws; now after the publiſhing of the Inſtructions, this Impoſture is ſo groſs and palpable, that it can no longer detain the people in ignorance, 3o. When the Parliament was willing to proceed according to the Inſtructions, and to have ſettled their Church-Government; Theſe perſons brought in always ſome new Motions, which they did pretend to be neceſſarly previous, as firſt, they did pretend the Articles was a Preliminary; and therefore nothing could be done till that point was Adjuſted. Next they did inſinuat that it was to no purpoſe to ſettle the Church till firſt the State was purged, and all the ill men rendered incapable, for if ill men were permitted to come in to the Government, they might eaſily turn the ſettlement of the Church round, and thereupon there was a great Struggle and Debate, whether Church Government ſhould be firſt ſettled, or the State purged by an Act of Incapacities 〈…〉 , and it was carryed, the Church Government ſhould be delayed and poſtponed to the purging the State, which may demonſtrat that theſe men had more the State than the Church under their proſpect; Thereafter theſettling of Church Government being brought in, they ſtarted a freſh Hare and mannaged a Debate with great earneſtneſs, that their Commiſſioners had not done their Duty in the offering of the Crown, according to their Commiſſion and Inſtructions, and it was a ſecond time brought to the Vote, whether Church Government, or the • xoneration of the Commiſſioners ſhould firſt come in. It was carryed again, to delay Church Government, and ſeveral dayes being ſpent upon that Matter, it came to nothing, and was found to be peſtered on groundleſs malice: Thereafter the Church Government was talked of, and then it was pretended that ſo long as the Act of Parliament ſtood unrepealed anent the Articles, nothing could come in legally to the Parliament, but from the Articles, hereupon the King was pleaſed to make a further ſtep, and he ſent down new Inſtructions, which the Commiſſioner did intimat in plain Parliament, bearing his Majeſties Conſent, that Church Government might be ſettled, Fines and Forefaultures conſidered by the Parliament, either with Committees, or without Committees, as the Parliament pleaſed, and in ſo far as concerns theſe points, the King did paſs from his Right, and conſented that his Officers of State ſhould have no meddling in the matter, but remitted theſe matters intirely to the Parliament; and this Conceſſion being publickly intimat from the Throne, it was openly aſſerted by Lawers and others, that albeit the King did paſs from the Articles, as to theſe points by an expreſs Inſtruction to his Commiſſioner, yet the Settlement could not be Legal, till either the Articles were Repealed, or a draught brought in to the Articles. Here I ſhall intreat you to obſerve when theſe men had no mind to bring in a matter, then the Articles was ſo indiſpenſable, that the Kings Inſtructions was not ſufficient to warrant the Legality of any matter to be brought into Parliament, otherwayes than from the Articles, but when ever they reſolved to have a matter brought in, then there was neither neceſſity nor uſe of the Articles, but they durſt adventure to proceed in all theſe Votes contained in the Addreſs, without ever acquainting the King, or procuring an Inſtruction to his Commiſſioner, or Tabling theſe matters before the Articles, which they would never allow to be choſen, according to the ſtanding Law: By this you may gueſs at the Ingenuity of their Procedure, and if it were not tedious, I could give you many ſuch inſtances; The Eſtates did apply to the King to be turned into a Parliament, that no time might be loſt by the Indiction of the Parliament; the King had no ſooner granted it, but a Committee of the Eſtates did Addreſs to Him to delay the Diet of the Parliament, till ſome of them might come up (which was to ſecure their Intereſt in getting Offices and Places in the State) which took off the reaſon they had preſſed to be turned into a Parliament, rather than that a new one ſhould be called. Likewiſe that Committee did take upon them to give good Injunctions to the King, not to be haſty in diſpoſing of Places, till His Majeſty might take Information from ſome perſons whom they did recommend: And accordingly His Majeſty did neither at that time, nor till now, diſpoſe of any place, but what was abſolutely neceſſary: And in the nomination of the Lords of Seſſion, the King did not deſign the whole number, but only Ten to make a full Quorum, which might do all buſineſs while he were further informed for naming the other Five. This was no ſooner done then it was quarrelled as a Nullity in the Nomination, becauſe it was not compleat. The King by Three ſeveral Inſtructions preſſed the ſettling of the Church-government, and did allow it to be done in any way they pleaſed, with Committees, or without them. And ſicklike, for conſidering Fines and Forefaultures, which was as oft ſhifted by thoſe perſons who offered the Addreſs, and at laſt it was declared to be impracticable; and yet they have the confidence to ſpend a great deal of their Paper, complaining for the not ſettling of Presbyterian Government, and reſtoring Fines and Forefaultures, as if the fault had lyen upon the King, and that he needed to be puſht to it, whereas they themſelves have been the only obſtructers. And I am credibly informed, that while they run about to amuſe every body, they tell thoſe who are of the Church of England, to ingratiat with them, that what they did in relation to the aboliſhing of Epiſcopacy, was nothing of their own inclinations, but to comply with the King's Inſtructions, who was engaged in that matter before he came from Holland, which is ſufficiently confuted by the Inſtructions themſelves.

As to your ſecond Queſtion, you have great reaſon to wonder why a Prince having made ſo great Conceſſions, they were not accepted by every body, and that it had been a better ſeaſon afterwards to have demanded more. But the miſery lyes here, if once the Inſtructions had been underſtood, and been reduced into Laws, that muſt have given ſo univerſal a ſatisfaction to the People, and procured ſo much affection and gratitude to the King, that all the Addreſſes, Hopes and Endeavours had been in vain to creat Jealouſie, and maintain Faction and Mutiny: For the benefits and eaſe the Nation ſhould have received, would have been ſo ſenſible and freſh, that the Whiſperer or Backbiter would have found no place or admittance; whereas now the Nation remaining under its Fetters, there being nothing done for its advantage or ſatisfaction, every body is ſenſible of the miſery it feels, but few can make a Judgment of the Cauſe and the Author, and they have been eaſily impoſed upon to believe, that theſe who keep them in ſlavery are their Champions, and that he who promiſed, and from whom they expected relief, hath deſerted them: And to make theſe ſurmiſes paſs the more plauſible, they give it out that the King is peſtered with ill Counſellors, and that the Malignants, and theſe who ruined the Nation formerly, are to be aſſumed into the Government, that they may act their former part, or a worſe over again; whereas almoſt all the Places and Commiſſions are filled with perſons as have either never been in the Government, or have acted moſt inoffenſively there.

As to your third Queſtion, there came three Addreſſes to the King, one from the Clergy, deſiring their Church-government to be eſtabliſhed; I am confident upon the ſight of the Inſtructions, and their application to the King, the Miniſters were convinced and ſatisfied that the King had done all that was proper for him, and that it was their intereſt and duty to ſtand firm by the King, and that their Party had no hopes or ſecurity under God but in him.

There was another Addreſs from the Burrows, deſiring the King to give Inſtructions in relation to their Grievance; I cannot ſay that their Commiſſioners were ſatisfied, becauſe they were men who went up upon another deſign than to take ſatiſfaction, unleſs they got places, and therefore they got their Anſwer in Writing; but I hope the Burrows do already, or ſhall ſhortly underſtand how they were abuſed: Thus far they did only choiſe a Trafequing Burgeſs, who might be concerned in the intereſt of that State, next day they were Whidled to choiſe the two Lawers, whoſe errand was none of their buſineſs, and yet they were to bear their Charges.

There was a third Addreſs from a great many of the Members of Parliament, I need not tell you what undue practices was uſed to procure and mendicat Subſcriptions, after the Parliament was up, and to very little purpoſe; for except it had been to inſult the King, as ſome few have done in all the ſteps of their management. Could an Addreſs out of Parliament import more than a Vote of Parliament? except it were to convince the King of their peremptorineſs, and that they were incorrigible, and that nothing was to be expected from the Parliament, when it ſhould meet again, tho I do not believe that the King needs to fear this; for when the generality of the Parliament comes to be informed, and ſhall ſee the Inſtructions, they will perceive clearly the ſelfiſh and implacable deſigns of ſome men, and their falſe ſurmizes, that they will quite and fall off from theſe men, and leave them to themſelves, to double out their pretenſions for places, in which the Countrey hath little concern. I need not tell you the matter of the Addreſs, ſince it is Printed; I ſhall make ſome ſhort reflections upon it. 1o. Theſe Votes which were ſo unſeaſonably brought in, and ſo peremptorly preſſed, have no relation to the Grievances. Now if they had been of ſo great importance, why were they then forgot? And if they be of leſs importance than the Grievance, why do they make ſuch a buſtle to preſs in theſe points of leſs moment, and ſtop theſe things which are of far greater conſideration, which were firſt Tabled by a repreſentation from the States, and granted by the King's Inſtructions? And its pretty odd to ſee men who make ſuch a noiſe about the Authority of the Grievances, that the King muſt ſatisfie them, and yet when they pleaſe to bring in any little Overture, it muſt take place, and juſtle out the other. 2o: As to the Vote of Incapacities, it is indeed a Vote incapacitating the King to imploy any perſon in his ſervice but whom they pleaſe; for the Terms are ſo lax, and the Nation ſo univerſally involved, that there are few men of Buſineſs, Fortune, or parts, but they may be reached, and moſt part of the Addreſſers themſelves, as far as they are capable they are guilty; but when a man turns upon that ſide, the moſt abominable and monſtrous faults are covered, whereas trifles are muſtered and magnified, if a man be on the King's ſide. And I cannot forget the laſt Member of the incapacities, that all who have obſtructed the deſigns of the Houſe, after they came the length of Votes, ſhall be incapable of Publick Truſt, though the Royal conſent neither is, nor I believe will perhaps ever be adhibited; ſo they are no Laws, but abortive Attempts, which never had a precedent, and it may be will never have a parallel; So it was above meaſure, hard to inflict the ſevereſt pain of incapacity, where there was no Law Tranſgreſſed, as appears by the words of the Statute, Act 3. Par. 1. K. Ch. 2d. So no Acts, Sentences, or Statutes to be past in any Parliament, can be binding upon the people, or have the Authority and force of Laws, without the ſpecial Authority and Approbation of the King's Majeſty, or His Commiſsioner interpon'd thereto, at the making thereof, & the punctual obſervance thereof is injoyned, & that none offer to call in queſtion, impugn, or do any deed to the contrair hereof, under the pain of Treaſon. 3. As to that Article concerning the Seſſion, I have already told you how it was thrown out by the Committee of the Eſtates. I dare ſay to you upon my reputation, that there is not one word in our Law, giving the Parliament any power in Tryal or Admiſſion of the Lords of Seſſion. I ſhall refer you to two ſhort Acts in Anno 1661, the ſecond & eleventh Acts of the firſt Seſſion, firſt Parliament K. Ch. 2d. Where the King's Right in this point is as clearly ſtated, as can be expreſt. Theſe Acts are as follows,

ACT and Acknowledgment of His Majesties Prerogative, in the choiſe of His Officers of State, Counſellors and Judges.

THE Eſtates of Parliament conſidering the great obligations that do ly upon them from the Law of God, the Law of Nations, the Municipal Laws of the Land, and their Oaths of Allegiance, to maintain and defend the Soveraign Power and Authority of the King's Majeſty, and the ſad conſequences that do accompany any incroachments upon, or diminutions thereof; do therefore from their ſence of duty, declare, that it is an inherent priviledge of the Crown, and an undoubted part of the Royal Prerogative of the Kings of this Realm, to have the ſole choiſe and appointment of the Officers of State, and Privy Counſellors, and nomination of the Lords of Seſſion, as in former times, preceeding the year 1637. And that the King's Sacred Majeſty, and his Heirs and Succeſſors, are for ever, by vertue of that Royal Power, which they hold from God Almighty over this Kingdom, to enjoy and have the full exerciſe of that Right: And therefore the King's Majeſty, with Advice and Conſent of his Eſtates of Parliament, doth hereby Reſcind all Acts, Statutes, or Practices to the contrair.

Follows the acknowledgment of His Majeſties Prerogative.

FOraſmuch as the Eſtates of Parliament of this Kingdom, by their ſeveral Acts of the 11th and 25th of January laſt, have from the ſenſe of their humble duty, and in recognizance of His Majeſties juſt Right, declared, that it is an inherent priviledge of the Crown, and an undoubted part of the Royal Prerogative of the Kings of this Kingdom, to have the ſole choiſe and appointment of the Officers of State, Privy Counſellors, and Lords of Seſſion, &c.

I ſhall only tell you, that the Seſſion is ſitten down with as great ſatisfaction as ever it did, and ſeveral of the moſt eminent Lawers have accepted, whoſe Practice was much better than their Sallaries; and you muſt allow me to ſay, ſince they muſt know the Law, they are great fools if they be not ſafe: And I am ſure the greateſt Lawers that did oppoſe this, would have been content to have run the hazard of the Parliaments cenſure, if they could but procured the King's Commiſſion, and would have parted with the Club to the Boot, when they had got their own Staik. And as to that part of the Vote, that the Preſident ſhould be choſen by the Lords, this did not concern the Parliament, ſince the Lords did not complain: And the five laſt ſucceſſive Preſidents are named by the King in the ſame manner; Beſides, my Lord Stairs is not made of new Preſident, but reſtored to an Office whereunto He had been formerly Admitted by the Lords, conform to the King's Declaration, from which he was unjuſtly thruſt out: And withal, the Lords did unanimouſly by a Vote acquieſce in His Majeſties nomination and reponing the Preſident, and declared, if the matter had been intire to themſelves, they would all and every one of them have choſen him; ſo this duſt has been very idly raiſed. 4o. I muſt again take notice of that grief they expreſs for the want of that Church-government they themſelves hindered to be eſtabliſhed; and the deſign of the Addreſs is to Imprint in the apprehenſions of the people, that the King is ſlow or backward in that matter. 5o. As to the Apology for not giving Ceſs, it is very pleaſant, they did not refuſe it abſolutely, but till ſome things were firſt exped which might give them ſatisfaction; that is to ſay, they would give no Ceſs or Subſiſtence for the Kings Troops, though they muſt quit the Countrey if he withdraw them, till ſuch time as the King ſhall renounce the remainder of his Soveraignty: And I ſhall not ſay that he hath been prodigal of his Prerogative, but I am ſure he hath been ſo liberal of it, that it might at this time have given contentment for once. It is needleſs in this caſe to remember either the obligations we owe to our King, or the neceſſity we have of his Protection; but I ſhall offer two things to ſhow the ingratitude and fooliſhneſs of refuſing this Supply. 1o. The King hath expended above Threeſcore thouſand pounds upon his Troops in Scotland, out of his own Pocket, for our defence, and in ſending Arms, Ordnance and Ammunition thither; and if he ſhould abandon us this Winter, the beſt part of the Nation would be forced to leave the Countrey. 2o. By a ſtanding Law, the Parliament ſettled Eight Months Ceſs upon King James, during his lifetime, which we payed pleaſantly, for ſupporting that Government, was it diſcretion to refuſe the King four Months Ceſs, which is but 24000 Pounds Sterling, which he was willing to accept, in ſtead of demanding the Eight Months during King James's life? And ſuppoſing that he had redeemed us from that Eight Months Ceſs, as well as many other miſeries, was it grateful or juſt to grudge him one years Ceſs, for the relief of the reſt? There was more heat in this matter than conſideration. 6o. I cannot but admire their confidence, in pretending to be ſurpriſed with the ſudden Adjournment of the Parliament; moſt men did wonder it ſat ſo long, and every body knew it was to riſe that Week; that ſtrange Vote in refuſing Four Months Supply after all the reſt that had paſſed, made it evident there was no better to be expected; and when they had formerly refuſed to proceed upon the Inſtructions, how could any man think that they ſhould not be Adjourned?

As to your laſt Queſtion, where theſe mens ſtrength lyes, and whether the Presbyterians will deſert the King, and joyn with them? I tell you plainly my thoughts, theſe men play upon the Presbyterian Staik; and though the Sticklers be perſons who have little concern in Religion, or regard to Church-government, and when Epiſcopacy was formerly aboliſhed, and all the Laws eſtabliſhing it Reſcinded, in conſequence the Laws made at the Reformation, in favours of the Presbyterian Government, were redintegrat and revived; the ſame might now have been done, but thir ſame Addreſſers did oppoſe it, and did add a Clauſe in the Houſe, declaring the Church-government was yet to be eſtabliſhed, upon this project, that if Presbytery were once eſtabliſhed, they knew the Presbyterians needed no more depend upon them; whereas the Presbyterians muſt either ſupport them, or elſe they will turn about and fall in with the Cavaleer Party againſt them: for they Front to all Sides but to the King, and in the mean time they render the Presbyterians jealous of the King, and tell them, that the Civil Magiſtrate likes always to have the Church in his power, and that the King to oblige the Church of England, will in the end abandon them, whereas they are willing to eſtabliſh Presbytery in what terms they can deſire, and to go the length of a Covenant and League with the Diſſenters in England. But after all, I can hardly believe that the Presbyterians will be ſo impoſed upon, and whidled out of their Intereſt, by perſons they know to have no concern for Religion, but to raiſe themſelves by it: And therefore I think the following Conſiderations will ſecure the Presbyterians. Firſt, All the Presbyterian Lords in Scotland, who have been all along of that Perſwaſion, and have ſuffered for it, have all to a Man ſtood firm to the King in this Parliament, againſt the Club, and they are almoſt all actually imployed in His Service. Now it is not poſſible that any rational or ſober Presbyterian will part with their old and great Friends, who are able to do them good, for new Undertakers, whereof ſome have been lately their Perſecutors, and the Presbyterians have no ſafe retreat, King James will neither truſt, nor forgive them. Will they be Neuters, and Aſſociat again, as the Five Weſtern Shires did in Anno 1650. when they refuſed to joyn either with King Charles's Army, or Cromwel's: This deſign was both fooliſh and fatal, they were quickly broken at Hamiltoun. Secondly, I can hardly believe that the Presbyterians will forget the regard the King had to their ſufferings, that he hath revived and reſtored them, and will certainly ſettle the Government of the Church of Scotland by Presbyters, and imploy them where they are capable, in the Civil Government, if they themſelves do not hinder him. For though I do not believe that the King either is, or ſhould be of a Party, yet their circumſtances lyes together, his ſusceſs, and their deliverance. For in Scotland, though we had Biſhops who were Tools for the Civil Government, and led Horſes for the State, yet we never admitted Canons, Service, or any Forms in our Church; ſo that even in time of Biſhops the Nation was Presbyterian: And whereas the Church and Biſhops of England before this Revolution, were ſtanding in the Gap, and ſuffering; and the King in His Speech to the Parliament, did avouch them to be a Bulwark to the Proteſtant Religion, yet at that time our Biſhops in Scotland, in their Addreſs to King James, not only pray ſo his ſucceſs and proſperity in that Expedition, but they pray that God may give him the necks of his Enemies, after they knew that the King, then Prince of Orange was Embarqued, and had ſet Sail for Britain. This may conciliat a greater confidence and regard from the King to the Presbyterians of Scotland, without giving any diſcouragement or diſpleaſure to the Church of England; For a Prince that hath different Countreys and Nations, may maintain diſtinct Religions, and much more diſtinct Forms of Government, profeſſing the ſame Religion, without affecting or neglecting any man upon that account. Thirdly, As it is duty and gratitude for the Presbyterians to ſtand firm by the King, they ly under a ſuſpition to be difficile and uneaſie under any Government, and that their Principles are more ſuited to a Commonwealth than Monarchy; they have now an opportunity to retrive and vindicate themſelves from theſe aſperſions; and if they be ſuch fools as to ſuffer themſelves to be ſeduced to quite the King for the Club, there are many that are now looking after their halting, who will not be wanting to repreſent to the King, that he hath neglected a far greater intereſt, in looking after the Diſſenters, whom he could not manage. Theſe and other ſuch conſiderations will certainly oblige the Presbyterians to look to their intereſt, and foreſee their danger, if they ſhould either ly by, or prove unkind: And if they do not ſupport and ſuſtain this Club, it will fall to nothing, and the Nation will return to ſome better temper, and ſee their folly, in not cloſing with the King's Inſtructions. Sir, I have been carried far beyond my deſign, in giving you an account of my thoughts in this matter. But without further, I am,

Your moſt humble Servant. London Dec. 1. 1689.