Reasons why the Parliament of Scotland cannot comply with the late K. James's proclamation sent lately to that kingdom, and prosecuted by the late Viscount Dundee : containing an answer to every paragraph of the said proclamation, and vindicating the said Parliament their present proceedings against him : published by authority.
         Welwood, James, 1652-1727.
      
       
         
           1689
        
      
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             Reasons why the Parliament of Scotland cannot comply with the late K. James's proclamation sent lately to that kingdom, and prosecuted by the late Viscount Dundee : containing an answer to every paragraph of the said proclamation, and vindicating the said Parliament their present proceedings against him : published by authority.
             Welwood, James, 1652-1727.
             Graham, John, Viscount Dundee, 1648-1689.
          
           [6], 29 p.
           
             Printed for Dorman Newman ...,
             London :
             1689.
          
           
             Reproduction of original in Huntington Library.
             Attributed to James Welwood. cf. NUC pre-1956.
             Epistle dedicatory signed: J.W.
          
        
      
    
     
       
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         eng
      
       
         
           James -- II, -- King of England, 1633-1701. -- Proclamation against adherents of the Prince of Orange, 4 May 1689.
           Scotland. -- Parliament.
           Scotland -- Politics and government -- 1689-1745.
        
      
    
     
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           REASONS
           WHY
           THE
           PARLIAMENT
           of
           SCOTLAND
           Cannot
           comply
           with
           the
           Late
           King
           IAMES
           .
        
      
       
         
         
           ADVERTISEMENT
           .
        
         
           AN
           Answer
           to
           the
           Late
           King
           
           IAMES's
           Declaration
           to
           all
           His
           Pretended
           Subjects
           in
           the
           Kingdom
           of
           England
           ,
           Dated
           at
           Dublin
           Castle
           ,
           May
           8.
           1689.
           
           Ordered
           by
           a
           Vote
           of
           the
           Right
           Honourable
           the
           House
           of
           Commons
           ,
           to
           be
           burnt
           by
           the
           Common-Hangman
           .
        
      
       
         
         
           REASONS
           WHY
           THE
           Parliament
           of
           Scotland
           Cannot
           comply
           with
           the
           Late
           K.
           
           IAMES's
           PROCLAMATION
           ,
           Sent
           lately
           to
           that
           KINGDOM
           ,
           And
           Prosecuted
           by
           the
           Late
           
             Uiscount
             Dundee
          
           .
        
         
           CONTAINING
        
         
           An
           Answer
           to
           every
           Paragraph
           of
           the
           said
           Proclamation
           ;
           and
           vindicating
           the
           said
           Parliament
           their
           present
           Proceedings
           against
           him
           .
        
         
           
             Published
             by
             Authority
          
           .
        
         
           LONDON
           :
           Printed
           for
           
             Dorman
             Newman
          
           ,
           at
           the
           
           King
           's
           -
           Arms
           in
           the
           Poultry
           .
           MDCLXXXIX
           .
        
      
       
         
         
         
           TO
           His
           GRACE
           THE
           
             Duke
             of
             Hamilton
          
           ,
           &c.
           
        
         
           Their
           Majesties
           High
           Commissioner
           for
           the
           Kingdom
           of
           Scotland
           .
        
         
           
             May
             it
             please
             Your
             Grace
             ,
          
        
         
           THE
           following
           Paper
           ambitionates
           no
           meaner
           Patron
           ,
           than
           a
           Personage
           who
           has
           had
           the
           Honour
           ,
           for
           a
           great
           many
           Years
           ,
           to
           struggle
           against
           the
           Encroachments
           made
           on
           a
           Kingdom
           ,
           whereof
           he
           himself
           is
           the
           First
           Peer
           ;
           and
           who
           has
           crown'd
           all
           his
           other
           Actions
           with
           that
           of
           giving
           
           a
           mighty
           and
           powerful
           Influence
           ,
           on
           a
           Revolution
           that
           ,
           it
           s
           hoped
           ,
           may
           at
           last
           make
           us
           Happy
           .
           Accept
           of
           this
           as
           a
           part
           of
           that
           vast
           acknowledgment
           Your
           Countrey
           owe's
           You
           ;
           and
           Pardon
           the
           Address
           of
        
         
           
             May
             it
             please
             Your
             Grace
             ,
          
           
             Your
             Grace's
             Most
             Humble
             ,
             and
             Most
             Obedient
             Servant
             ,
             I.
             W.
             
          
           
             London
             ,
             
               Aug.
               12.
               1689.
               
            
          
        
      
    
     
       
         
         
           REASONS
           WHY
           THE
           PARLIAMENT
           OF
           SCOTLAND
           Cannot
           comply
           with
           the
           Late
           King
           IAMES
           ,
           &c.
           
        
         
           IF
           one
           were
           to
           draw
           the
           Scheme
           of
           one
           of
           the
           most
           Despotick
           Governments
           in
           the
           World
           ,
           he
           needed
           not
           go
           so
           far
           as
           
             Constantinople
             ,
             Moscow
          
           ,
           or
           some
           of
           the
           Eastern
           Courts
           ,
           for
           a
           Copy
           to
           Design
           after
           ;
           Scotland
           alone
           might
           sufficiently
           furnish
           him
           with
           all
           the
           
           Idea's
           of
           Oppression
           ,
           Injustice
           and
           Tyranny
           ,
           concentred
           for
           the
           space
           of
           Twenty
           Years
           and
           upwards
           in
           that
           Kingdom
           .
           To
           display
           the
           Tragick
           Scene
           of
           these
           three
           Kingdoms
           in
           their
           most
           lively
           Colours
           ,
           would
           require
           the
           imitation
           
           of
           that
           celebrated
           piece
           of
           Antiquity
           ,
           
             the
             Sacrifice
             of
             Iphiginia
          
           ,
           where
           every
           on-looking
           Graecian
           appeared
           sad
           ,
           and
           the
           sadder
           as
           they
           stood
           in
           nearer
           relation
           to
           the
           Royal
           Victim
           :
           But
           the
           Painter
           ,
           conscious
           of
           the
           weakness
           of
           Art
           ,
           to
           express
           the
           grief
           of
           Agamemnon
           ,
           chose
           rather
           to
           draw
           a
           veil
           over
           a
           disconsolate
           Father's
           Face
           ,
           than
           vainly
           to
           endeavour
           the
           tracing
           the
           sorrows
           of
           his
           Countenance
           by
           the
           Pencil
           .
           
           England's
           dismal
           State
           ,
           for
           some
           years
           past
           ,
           requires
           to
           be
           exprest
           in
           mournful
           Characters
           ,
           that
           of
           Ireland
           perhaps
           in
           more
           mournful
           yet
           ;
           but
           to
           delineate
           the
           unexampled
           misery
           of
           Scotland
           ,
           surpasses
           the
           Power
           of
           History
           ,
           or
           the
           Force
           of
           Eloquence
           .
           To
           look
           back
           upon
           Athens
           under
           the
           Government
           of
           the
           Thirty
           Tyrants
           ,
           on
           Rome
           under
           the
           Triumvirate
           ,
           or
           on
           these
           three
           Kingdoms
           under
           the
           Usurpation
           of
           Cromwel
           ,
           might
           surnish
           some
           weak
           draughts
           ,
           to
           take
           up
           a
           Notion
           of
           the
           late
           condition
           of
           that
           Nation
           ;
           but
           all
           of
           them
           would
           fall
           short
           of
           the
           
             Scotch
             ▪
          
           Original
           .
           It
           were
           in
           vain
           to
           attempt
           the
           History
           of
           Scotland
           ,
           under
           the
           two
           last
           Reigns
           ,
           in
           a
           Paper
           of
           this
           kind
           ;
           the
           Materials
           being
           large
           enough
           for
           the
           most
           bulky
           Volume
           :
           And
           if
           ever
           I
           should
           venture
           upon
           it
           apart
           ,
           it
           is
           more
           than
           probable
           ,
           I
           might
           find
           that
           Maxim
           verified
           at
           my
           cost
           ,
           
             Curae
             leves
             loquantur
             ,
             ingentes
             stupent
          
           ;
           and
           the
           rather
           ,
           that
           I
           am
           not
           altogether
           able
           to
           divest
           my self
           so
           far
           of
           Humanity
           ,
           as
           to
           forget
           my
           own
           share
           in
           the
           Ruines
           of
           my
           Country
           .
        
         
           My
           design
           ,
           at
           present
           ,
           is
           only
           to
           make
           some
           Reflections
           
             on
             a
             Proclamation
             issued
             out
             by
             the
             late
             King
          
           Iames
           ,
           
             with
             relation
             to
             his
             pretended
             Subjects
          
           
           of
           Scotland
           ,
           dated
           at
           Dublin
           the
           Fourth
           of
           May
           last
           ,
           Signed
           by
           Himself
           ,
           and
           countersigned
           by
           my
           Lord
           Melfort
           ;
           in
           which
           it's
           hard
           to
           determine
           ,
           whether
           ill
           Nature
           ,
           or
           want
           of
           Politicks
           ,
           takes
           most
           place
           ,
           both
           of
           them
           outvying
           one
           another
           for
           Precedency
           .
           Only
           upon
           first
           view
           it
           will
           be
           found
           ,
           that
           the
           late
           Conspiracy
           in
           that
           Kingdom
           ,
           is
           the
           Native
           Consequence
           of
           this
           Proclamation
           ;
           and
           though
           that
           Plot
           had
           amounted
           to
           a
           design
           of
           Assassinating
           their
           Majesties
           High
           Commissioner
           ,
           and
           the
           whole
           Members
           of
           Parliament
           ;
           yet
           the
           Actors
           of
           such
           a
           Villainy
           are
           not
           only
           by
           this
           Proclamation
           indemnified
           ,
           but
           fairly
           invited
           and
           required
           so
           to
           do
           .
        
         
           The
           Proclamation
           begins
           thus
           :
           Iames
           ,
           &c.
           
           
             To
             all
             our
             Loving
             Subjects
             of
             our
             ancient
             Kingdom
             of
          
           Scotland
           ,
           
             Greeting
             .
             Whereas
             several
             of
             our
             Subjects
             ,
             men
             of
             pernicious
             Principles
             and
             wicked
             Designs
             ,
             have
             taken
             upon
             themselves
             ,
             contrair
             to
             the
             Law
             of
             God
             ,
             their
             Natural
             Allegiance
             to
             Us
             their
             Lawful
             and
             Undoubted
             Sovereign
             ,
             the
             Laws
             and
             Acts
             of
             Parliament
             of
             that
             Our
             ancient
             Kingdom
             ,
             to
             meet
             in
             an
             Assembly
             ,
             to
             call
             themselves
             the
             States
             of
             that
             Kingdom
             ,
             and
             therein
             treasonably
             and
             wickedly
             to
             question
             Our
             Authority
             ,
             and
             to
             judge
             of
             Our
             Proceedings
             ;
             and
             finally
             to
             dispose
             of
             Our
             Imperial
             Crown
             ,
             which
             We
             hold
             from
             God
             alone
             ,
             Usurping
             Our
             Power
             which
             is
             not
             communicable
             to
             any
             ,
             whether
             single
             Persons
             ,
             or
             Bodies
             Collective
             ,
             without
             Our
             Authority
             be
             interposed
             thereto
             :
             And
             that
             these
             Wicked
             and
             Lawless
          
           
           
             Persons
             still
             go
             on
             to
             oppress
             our
             People
             by
             heavy
             Burdens
             ,
             Imprisonments
             ,
             and
             other
             things
             grievous
             to
             Our
             Subjects
             ,
             contrair
             to
             all
             Law
             and
             Equity
             ,
             as
             well
             as
             to
             Our
             Royal
             Right
             and
             Prerogative
             ,
             uniting
             themselves
             with
             the
             Prince
             of
          
           Orange
           
             and
             his
             Adherents
          
           .
           All
           these
           blustering
           Expressions
           might
           have
           a
           tolerable
           good
           Grace
           in
           the
           Mouth
           of
           the
           
             Grand
             Segniour
          
           ,
           or
           
             Great
             Mogul
          
           ,
           who
           vainly
           arrogate
           to
           themselves
           the
           High-flown
           Titles
           of
           
             King
             of
             Kings
          
           ;
           but
           if
           they
           can
           be
           at
           any
           rate
           excusable
           in
           King
           Iames
           ,
           it
           must
           be
           upon
           the
           Supposition
           of
           these
           two
           Principles
           .
           First
           ,
           
             That
             King
          
           Iames
           ,
           
             as
             King
             of
          
           Scotland
           ,
           
             was
             so
             far
             an
             Arbitrary
             and
             Despotick
             Prince
             ,
             that
             he
             was
             not
             obliged
             to
             govern
             by
             Law
             ,
             and
             could
             in
             no
             case
             forfeit
             his
             Right
             to
             the
             Crown
             .
          
           And
           Secondly
           ,
           
             That
             he
             was
             unjustly
             ,
             by
             the
             States
             of
             the
             Kingdom
             ,
             laid
             aside
             .
          
           Now
           if
           it
           can
           be
           made
           appear
           ,
           That
           in
           the
           first
           place
           ,
           
             the
             Royal
             Dignity
             of
          
           Scotland
           
             is
             so
             far
             from
             being
             an
             Arbitrary
             and
             Despotick
             kind
             of
             Government
             ,
             that
             it
             carries
             along
             with
             it
             ,
             in
             its
             very
             Essence
             ,
             a
             mixture
             of
             Interests
             betwixt
             King
             and
             People
             ,
             and
             an
             obligation
             upon
             the
             King
             to
             govern
             ,
             not
             by
             his
             own
             Edicts
             ,
             or
             Will
             ,
             but
             by
             the
             known
             Laws
             of
             the
             Land
          
           ;
           which
           are
           indeed
           the
           two
           great
           hinges
           of
           the
           Government
           :
           And
           in
           the
           second
           place
           ,
           
             That
             King
          
           Iames
           
             did
             forfeit
             his
             Right
             to
             the
             Crown
             ,
             by
             subverting
             these
             two
             fundamental
             Hinges
             of
             the
             Government
             ,
             and
             thereupon
             that
             the
             States
             of
             the
             Kingdom
             did
             justly
             lay
             him
             aside
             :
          
           I
           say
           ,
           if
           these
           two
           General
           Heads
           be
           made
           appear
           ,
           then
           necessarily
           the
           other
           two
           supposed
           Principles
           fall
           in
           Consequence
           ,
           and
           the
           above
           mentioned
           Narrative
           of
           
           the
           Proclamation
           as
           built
           upon
           them
           ,
           must
           tumble
           with
           them
           .
        
         
           As
           to
           the
           First
           General
           Head
           ,
           
             That
             the
             Royal
             Dignity
             of
          
           Scotland
           
             is
             so
             far
             from
             being
             an
             Arbitrary
             and
             Despotick
             kind
             of
             Government
             ,
             that
             it
             carries
             along
             with
             it
             ,
             in
             its
             very
             Essence
             ,
             a
             mixture
             of
             Interests
             betwixt
             King
             and
             People
             ,
             and
             an
             obligation
             upon
             the
             King
             to
             govern
             according
             to
             Law.
          
           Here
           I
           shall
           not
           run
           up
           the
           length
           that
           our
           Histories
           have
           with
           any
           probability
           traced
           the
           Affairs
           of
           our
           Nation
           ,
           where
           we
           may
           ,
           upon
           the
           one
           Hand
           ,
           find
           our selves
           one
           of
           the
           most
           Ancient
           Kingdoms
           of
           the
           World
           ,
           under
           one
           Line
           of
           Kings
           ;
           So
           on
           the
           other
           ,
           we
           shall
           meet
           all
           along
           the
           clearest
           prints
           of
           a
           bounded
           and
           mixed
           Government
           :
           Nor
           shall
           we
           be
           able
           ,
           in
           all
           the
           changes
           of
           our
           Monarchy
           ,
           to
           instance
           one
           of
           our
           Kings
           ,
           that
           pretended
           to
           such
           an
           Absolute
           Power
           over
           his
           Subjects
           ,
           
             as
             every
             one
             of
             them
             was
             to
             obey
             without
             reserve
          
           ;
           the
           new
           coining
           of
           these
           Words
           ,
           and
           the
           making
           use
           of
           the
           thing
           signified
           by
           them
           ,
           being
           reserved
           for
           the
           Reign
           of
           the
           late
           King
           Iames
           :
           Nor
           will
           I
           presume
           to
           pass
           Censure
           upon
           some
           Acts
           of
           Parliament
           made
           of
           late
           ,
           that
           have
           stretch'd
           the
           Prerogative
           of
           the
           King
           ,
           and
           the
           Obedience
           of
           the
           Subject
           beyond
           their
           ordinary
           limits
           ;
           Acts
           of
           Parliament
           being
           ,
           in
           my
           Opinion
           ,
           only
           subject
           to
           the
           Censure
           of
           those
           that
           can
           unmake
           them
           .
           I
           shall
           only
           (
           to
           put
           this
           General
           Head
           beyond
           question
           )
           take
           a
           short
           hint
           of
           the
           Nature
           of
           the
           Government
           of
           Scotland
           ,
           as
           it
           is
           agreed
           to
           by
           all
           Parties
           ;
           and
           then
           fix
           upon
           that
           particular
           Constitution
           ,
           by
           which
           the
           King
           is
           obliged
           to
           govern
           according
           to
           the
           Laws
           of
           the
           Kingdom
           .
        
         
         
           That
           the
           Government
           of
           Scotland
           ,
           notwithstanding
           all
           the
           Acts
           of
           Parliament
           made
           in
           the
           last
           two
           Reigns
           ,
           in
           favour
           of
           the
           Prerogative
           ,
           was
           and
           is
           a
           mixed
           sort
           of
           Government
           ,
           is
           clear
           from
           this
           part
           of
           its
           constitution
           ,
           That
           the
           three
           Estates
           of
           Parliament
           ,
           and
           every
           one
           of
           them
           ,
           are
           equally
           as
           necessary
           and
           essential
           to
           the
           making
           of
           Laws
           ,
           as
           the
           King
           is
           .
           It
           is
           the
           King
           ,
           and
           the
           three
           Estates
           of
           Parliament
           all
           together
           ,
           that
           make
           Laws
           ,
           and
           not
           the
           King
           alone
           ,
           nor
           the
           three
           Estates
           ,
           nor
           the
           King
           with
           any
           one
           or
           two
           of
           the
           three
           Estates
           :
           Here
           there
           is
           one
           Negative
           Vote
           lodged
           in
           the
           King
           ,
           and
           another
           lodged
           in
           the
           Parliament
           ;
           for
           albeit
           the
           King
           ,
           or
           his
           Commissioner
           ,
           should
           bring
           in
           a
           Bill
           in
           Parliament
           ,
           stampt
           with
           the
           Royal
           Assent
           ,
           the
           Estates
           of
           Parliament
           ,
           by
           their
           Negative
           Vote
           ,
           may
           deny
           their
           Concurrence
           ,
           and
           thereupon
           it
           proves
           an
           Abortive
           ;
           so
           on
           the
           other
           hand
           ,
           what-ever
           Sanctions
           are
           enacted
           by
           the
           Estates
           of
           Parliament
           ,
           they
           amount
           no
           higher
           than
           so
           many
           dead
           Letters
           ,
           till
           once
           the
           King
           withdraw
           his
           Negative
           ,
           and
           imprint
           upon
           them
           his
           enlivening
           Assent
           .
        
         
           This
           being
           the
           Native
           uncontroverted
           Constitution
           of
           our
           Government
           ,
           I
           would
           fain
           know
           what
           becomes
           of
           our
           new
           coin'd
           
             Absolute
             Power
             ,
             which
             all
             were
             to
             obey
             without
             reserve
          
           ;
           since
           a
           Power
           in
           the
           People
           ,
           to
           deny
           their
           Concurrence
           with
           the
           King
           ,
           in
           making
           of
           Laws
           ,
           is
           an
           uncontroverted
           essential
           part
           of
           the
           Original
           Constitution
           .
        
         
           And
           to
           place
           this
           in
           as
           clear
           a
           light
           as
           possible
           ,
           let
           us
           suppose
           the
           King
           should
           cause
           be
           presented
           to
           the
           Parliament
           ,
           somewhat
           in
           form
           of
           an
           Act
           ,
           and
           should
           back
           it
           with
           a
           Command
           to
           the
           Estates
           ,
           to
           
           give
           their
           Concurrence
           ;
           in
           this
           case
           ,
           by
           
             the
             Absolute
             Power
             we
             are
             to
             obey
             without
             reserve
             ,
          
           the
           Parliament
           is
           directly
           obliged
           to
           concur
           ;
           and
           thereby
           
             that
             essential
             part
          
           of
           the
           Government
           ,
           which
           gives
           them
           a
           Negative
           Vote
           in
           making
           of
           Laws
           ,
           is
           totally
           unhinged
           :
           Yea
           farther
           ,
           though
           the
           King
           should
           ,
           without
           consulting
           his
           Parliament
           ,
           lay
           his
           Commands
           upon
           his
           Subjects
           ,
           in
           matters
           that
           natively
           require
           a
           Parliamentary
           Sanction
           ,
           such
           as
           Taxes
           ,
           and
           the
           like
           ;
           this
           late
           assumed
           
             Absolute
             Power
          
           does
           as
           much
           inforce
           obedience
           thereto
           ,
           as
           if
           there
           were
           an
           Act
           of
           Parliament
           concurring
           ;
           because
           ,
           if
           it
           should
           be
           pretended
           that
           such
           a
           Sanction
           is
           illegal
           ,
           as
           not
           done
           in
           Parliament
           ;
           that
           very
           pretence
           it self
           is
           a
           reserve
           upon
           their
           Obedience
           ,
           and
           
             all
             reserves
          
           whatever
           ,
           King
           Iames
           was
           pleased
           to
           exclude
           .
           In
           fine
           ,
           if
           a
           Man
           be
           obliged
           to
           obey
           without
           reserve
           ,
           then
           all
           Laws
           and
           Acts
           of
           Parliament
           ,
           cease
           
             ipso
             facto
          
           to
           become
           obligatory
           ,
           when
           once
           the
           King
           takes
           it
           upon
           him
           ,
           by
           Vertue
           of
           this
           Absolute
           Power
           ,
           to
           command
           the
           contrary
           .
        
         
           As
           the
           Government
           of
           Scotland
           is
           in
           it self
           a
           
             mixed
             Government
          
           ,
           so
           likewise
           our
           Ancestors
           have
           been
           so
           careful
           to
           preserve
           it
           in
           an
           equal
           poize
           ,
           that
           they
           have
           thought
           fit
           
             ex
             superabundante
          
           ,
           to
           bind
           up
           the
           King
           from
           invading
           the
           fundamental
           Constitution
           ,
           or
           venturing
           on
           an
           unlimited
           Power
           ,
           by
           the
           most
           Sacred
           Tye
           among
           Men
           ,
           a
           
             Solemn
             Oath
          
           and
           Promise
           at
           his
           Coronation
           ,
           
             to
             govern
             according
             to
             the
             Laws
             of
             the
             Land
             ,
          
           that
           is
           ,
           these
           made
           by
           the
           
           King
           and
           Parliament
           :
           And
           
             this
             Obligation
             upon
             the
             the
             King
             to
             govern
             according
             to
             Law
             ,
          
           I
           take
           to
           be
           
             the
             second
             fundamental
             Hinge
          
           of
           our
           Government
           .
        
         
           That
           there
           was
           a
           Contract
           betwixt
           the
           King
           and
           People
           ,
           equivalent
           to
           a
           Coronation
           Oath
           ,
           at
           the
           very
           first
           founding
           of
           our
           Monarchy
           ,
           we
           have
           considerable
           Vestiges
           in
           our
           History
           :
           And
           in
           
           Corbred's
           time
           ,
           he
           is
           said
           to
           have
           Sworn
           ,
           
             Se
             majorum
             consiliis
             aquieturum
          
           :
           i.
           e.
           
             That
             he
             should
             be
             determined
             by
             the
             advice
             of
             the
             Elders
          
           ;
           which
           at
           that
           time
           must
           needs
           be
           something
           of
           the
           Nature
           of
           Parliaments
           :
           And
           Gregory
           ,
           named
           the
           Great
           in
           our
           Antiquaries
           ,
           was
           Sworn
           
             to
             maintain
             the
             Liberties
             of
             the
             Christian
             Religion
             :
          
           And
           Mackbeth
           another
           of
           our
           Kings
           ,
           is
           said
           to
           be
           Sworn
           
             to
             maintain
             the
             Commons
             of
             the
             Realm
             .
          
           Yea
           ,
           the
           Kings
           of
           Scotland
           were
           so
           far
           from
           pretending
           to
           an
           unlimited
           Power
           over
           their
           Subjects
           ,
           That
           we
           find
           in
           
           Finnanus's
           Reign
           ,
           the
           Tenth
           of
           our
           Kings
           ,
           a
           formal
           Stipulation
           betwixt
           him
           and
           the
           People
           in
           these
           ▪
           Words
           ,
           
             That
             the
             Kings
             in
             time
             coming
             ,
             should
             do
             nothing
             of
             any
             great
             Concernment
             without
             the
             Authority
             of
             their
             publick
             Counsel
             ;
             that
             he
             should
             manage
             no
             publick
             business
             which
             belonged
             to
             the
             Kingdom
             ,
             without
             the
             advice
             and
             conduct
             of
             the
             Elders
             ,
             nor
             should
             make
             Peace
             or
             War
             ,
             nor
             enter
             into
             Leagues
             ,
             or
             break
             them
             by
             himself
             ,
             without
             concurrence
             of
             these
             Elders
             ,
             and
             the
             Heads
             of
             the
             Tribes
             .
          
           This
           continued
           a
           fundamental
           Law
           of
           the
           Kingdom
           for
           a
           great
           many
           Ages
           ;
           and
           the
           breach
           of
           it
           prov'd
           
           fatal
           to
           a
           great
           many
           succeeding
           Kings
           .
           This
           I
           mention
           ,
           not
           because
           that
           I
           approve
           so
           narrow
           boundaries
           of
           the
           Royal
           Prerogative
           ,
           as
           to
           be
           divested
           of
           the
           Power
           of
           entring
           into
           Leagues
           ,
           and
           of
           making
           Peace
           and
           War
           ;
           but
           to
           evince
           ,
           that
           there
           was
           an
           express
           Contract
           betwixt
           the
           King
           and
           People
           ,
           and
           that
           the
           King
           did
           not
           pretend
           to
           hold
           his
           Imperial
           Crown
           of
           
             God
             alone
          
           ,
           as
           the
           Penner
           of
           King
           Iames
           his
           Declaration
           expresses
           it
           .
        
         
           The
           Coronation
           Oath
           of
           Scotland
           ,
           during
           the
           time
           of
           Popery
           ,
           was
           express
           ,
           
             as
             to
             governing
             the
             People
             according
             to
             the
             Laws
             of
             the
             Land
          
           ;
           but
           because
           it
           also
           contained
           an
           obligation
           to
           maintain
           the
           Heirarchy
           and
           Errors
           of
           Rome
           ,
           it
           was
           altered
           at
           the
           Reformation
           ,
           and
           made
           to
           relate
           to
           the
           Reformed
           Religion
           ,
           as
           then
           established
           by
           Law
           ,
           and
           was
           enacted
           to
           be
           taken
           by
           all
           the
           succeeding
           Kings
           of
           Scotland
           ,
           at
           their
           Coronation
           :
           By
           it
           
             they
             are
             to
             Promise
             and
             Swear
             ,
             as
             in
             the
             presence
             of
             the
             Eternal
             God
             ,
             That
             they
             shall
             during
             the
             whole
             course
             of
             their
             Life
             ,
             serve
             the
             same
             Eternal
             God
             ,
             according
             as
             he
             is
             revealed
             in
             his
             most
             Holy
             Word
             ;
             and
             shall
             ,
             according
             to
             that
             same
             Word
             ,
             maintain
             the
             true
             Religion
             ,
             the
             Preaching
             of
             the
             Holy
             Word
             ,
             the
             due
             Administration
             of
             the
             Sacraments
             ,
             
               Now
               received
               and
               preached
               within
               the
               Realm
               of
            
          
           Scotland
           ;
           that
           is
           ,
           upon
           the
           matter
           ,
           the
           same
           as
           to
           Swear
           to
           be
           of
           the
           Reformed
           Religion
           ,
           since
           that
           Religion
           was
           established
           ,
           
           as
           the
           Religion
           of
           the
           Nation
           ,
           previous
           to
           this
           Act.
           Thereafter
           the
           King
           is
           to
           Swear
           by
           the
           same
           Oath
           ,
           
             That
             he
             shall
             rule
             the
             People
             committed
             to
             his
             charge
             ,
             according
             to
             the
             Command
             of
             God
             ,
             and
             
               according
               to
               the
               Laws
               and
               Constitutions
               received
               in
               this
               Realm
               .
            
          
           Here
           I
           must
           confess
           my
           own
           weakness
           ,
           in
           the
           point
           of
           the
           late
           King
           
           Iames's
           Accession
           to
           the
           Crown
           ;
           for
           my
           reason
           could
           never
           persuade
           me
           of
           any
           Right
           he
           could
           justly
           claim
           to
           it
           ,
           as
           long
           as
           this
           Act
           of
           Parliament
           ,
           enacting
           this
           Coronation
           Oath
           to
           be
           taken
           by
           all
           succeeding
           Kings
           ,
           was
           in
           force
           ;
           since
           he
           neither
           did
           ,
           nor
           could
           Swear
           it
           .
        
         
           Thus
           the
           two
           fundamental
           Hinges
           of
           the
           Government
           of
           Scotland
           ,
           being
           First
           ,
           That
           
             the
             Laws
             the
             People
             are
             to
             be
             governed
             by
             ,
             are
             such
             as
             are
             made
             by
             the
             King
             and
             Parliament
             :
          
           And
           Secondly
           ,
           That
           
             the
             Government
             be
             administred
             by
             the
             King
             according
             to
             these
             Laws
             from
             the
             Obligation
             of
             a
             Coronation
             Oath
             :
          
           If
           either
           the
           King
           alone
           ,
           or
           the
           three
           Estates
           by
           themselves
           ,
           take
           upon
           them
           to
           make
           Laws
           ,
           then
           the
           
             one
             Hinge
          
           is
           broken
           off
           ;
           and
           if
           the
           Government
           be
           not
           administrated
           by
           the
           King
           according
           to
           these
           Laws
           ,
           then
           the
           
             other
             Hinge
          
           is
           broken
           off
           also
           ;
           and
           in
           either
           or
           both
           of
           these
           Cases
           ,
           the
           Constitution
           is
           at
           an
           end
           and
           our
           Legal
           Government
           ceases
           .
        
         
         
           Before
           I
           come
           to
           the
           other
           General
           Head
           proposed
           ,
           There
           is
           one
           Objection
           that
           lies
           naturally
           in
           my
           way
           ,
           which
           I
           judge
           necessary
           to
           be
           removed
           .
           When
           I
           speak
           of
           Laws
           being
           only
           made
           by
           the
           King
           and
           the
           Three
           Estates
           of
           Parliament
           ,
           it
           will
           be
           told
           me
           by
           a
           certain
           sort
           of
           Men
           ,
           That
           this
           late
           Act
           of
           Parliament
           of
           their
           present
           Majesties
           Reign
           ,
           
             Abolishing
             Episcopacy
          
           ,
           seems
           to
           infringe
           that
           fundamental
           Constitution
           ;
           because
           one
           of
           the
           Three
           Estates
           is
           thereby
           removed
           ,
           viz.
           that
           of
           the
           Bishops
           .
           This
           is
           easily
           answered
           ,
           when
           I
           have
           told
           them
           ,
           That
           before
           the
           Reformation
           ,
           the
           Three
           Estates
           of
           Parliament
           were
           thus
           reckon'd
           up
           ,
           the
           Archbishops
           ,
           Bishops
           ,
           Abbats
           ,
           Priors
           ,
           and
           Commendator
           of
           the
           Order
           of
           St.
           Iohn
           of
           Ierusalem
           ,
           made
           up
           the
           First
           Estate
           ,
           and
           were
           named
           the
           
             Lords
             Spiritual
          
           ;
           the
           Temporal
           Lords
           made
           up
           the
           Second
           ;
           and
           the
           Representatives
           for
           Counties
           and
           Burroughs
           together
           ,
           made
           up
           the
           Third
           :
           But
           at
           the
           Reformation
           ,
           in
           respect
           of
           our
           being
           reformed
           by
           Presbyters
           ,
           and
           of
           the
           great
           opposition
           of
           the
           Bishops
           to
           the
           Reformation
           it self
           ,
           the
           Parliament
           was
           pleased
           not
           only
           to
           abolish
           the
           Errors
           of
           the
           See
           of
           Rome
           ,
           but
           also
           the
           Hierarchy
           of
           Bishops
           ,
           with
           all
           their
           Privileges
           and
           Honours
           ,
           whereof
           that
           ,
           of
           being
           the
           First
           of
           the
           ▪
           Three
           Estates
           ,
           was
           one
           .
           The
           Church
           of
           Scotland
           having
           continued
           under
           the
           Government
           of
           Presbyters
           ,
           for
           a
           great
           many
           years
           ,
           King
           Iames
           the
           First
           of
           England
           ,
           sound
           a
           way
           to
           restore
           Episcopacy
           ,
           in
           spight
           of
           the
           strugling
           Genius
           of
           the
           Nation
           :
           And
           albeit
           at
           that
           
           time
           the
           Bishops
           ,
           by
           a
           
             tacit
             consent
          
           ,
           took
           their
           places
           in
           Parliament
           ;
           yet
           ,
           whether
           by
           neglect
           or
           design
           I
           know
           not
           ,
           they
           were
           never
           restored
           to
           that
           Privilege
           ▪
           of
           being
           accounted
           one
           of
           the
           Three
           Estates
           ▪
           of
           Parliament
           ;
           but
           were
           ever
           since
           reputed
           to
           make
           up
           but
           a
           part
           of
           one
           Estate
           ,
           in
           conjunction
           with
           the
           Temporal
           Lords
           ;
           the
           Second
           being
           ▪
           the
           Representatives
           of
           Counties
           ;
           and
           the
           Third
           these
           of
           the
           Burroughs
           .
           This
           account
           I
           judge
           the
           fitter
           to
           give
           ,
           that
           a
           great
           many
           ,
           who
           have
           not
           the
           occasion
           of
           being
           acquainted
           with
           the
           Constitution
           of
           our
           Country
           ,
           are
           inclinable
           to
           think
           ,
           that
           our
           reckoning
           up
           of
           the
           Three
           Estates
           ,
           is
           parallel
           with
           that
           of
           England
           ;
           when
           indeed
           there
           can
           be
           nothing
           more
           different
           .
           England
           owed
           its
           Reformation
           to
           Bishops
           ,
           whereof
           some
           of
           them
           had
           the
           Glory
           of
           Sealing
           it
           with
           their
           Bloud
           ;
           and
           that
           Order
           has
           ever
           since
           afforded
           the
           greatest
           Luminaries
           of
           the
           Church
           .
           When
           Popery
           was
           abolished
           in
           England
           ,
           the
           Heirarchy
           of
           Bishops
           was
           so
           far
           from
           being
           laid
           aside
           ,
           that
           it
           continued
           in
           the
           same
           State
           ,
           as
           to
           all
           its
           Privileges
           ,
           and
           particularly
           that
           
             of
             being
             the
             first
             distinct
             State
             of
             Parliament
             ,
          
           as
           they
           found
           it
           at
           the
           Reformation
           .
           What
           I
           have
           advanced
           in
           point
           of
           the
           present
           reckoning
           up
           of
           the
           Three
           Estates
           of
           Scotland
           ,
           will
           appear
           farther
           beyond
           all
           doubt
           ,
           if
           we
           consider
           ,
           That
           in
           most
           of
           the
           Parliaments
           of
           King
           Iames
           the
           First
           his
           Reign
           ,
           there
           was
           none
           of
           the
           order
           of
           Bishops
           ,
           the
           Hierarchy
           being
           not
           yet
           restored
           ;
           and
           yet
           the
           Validity
           of
           these
           Parliaments
           were
           never
           
           called
           in
           question
           ,
           in
           any
           of
           the
           succeeding
           Reigns
           .
        
         
           I
           come
           now
           to
           the
           Second
           General
           Head
           proposed
           ,
           
             viz.
             Whether
             or
             not
             the
             late
             King
             did
             forfeit
             his
             Right
             to
             the
             Crown
             ,
             by
             subverting
             the
             above-mentioned
             two
             fundamental
             Hinges
             of
             the
             Government
             ,
             and
             if
             thereupon
             the
             Estates
             did
             justly
             lay
             him
             aside
             .
          
           In
           inquiring
           into
           this
           ,
           I
           shall
           not
           give
           the
           Reader
           the
           trouble
           of
           enumerating
           the
           several
           Cases
           ,
           in
           which
           the
           greatest
           Champions
           of
           Regal
           Prerogative
           allow
           ,
           Kings
           may
           forfeit
           their
           Right
           ;
           though
           such
           a
           digression
           might
           be
           pardonable
           ,
           being
           that
           King
           
           Iames's
           Proclamation
           insinuates
           fairly
           ,
           that
           
             in
             no
             case
             it
             can
             happen
             .
          
           I
           confess
           ,
           I
           am
           so
           great
           a
           Friend
           to
           Monarchy
           ,
           as
           being
           the
           best
           of
           Governments
           ,
           and
           most
           suitable
           to
           the
           Genius
           of
           our
           Nation
           ▪
           that
           I
           could
           not
           wish
           it
           Precarious
           ,
           nor
           the
           Royal
           Prerogative
           sunk
           below
           what
           our
           Parliaments
           ,
           preceding
           the
           two
           last
           Reigns
           ,
           have
           determined
           it
           :
           And
           I
           think
           the
           late
           King
           Iames
           had
           reason
           to
           say
           of
           the
           Laws
           of
           Scotland
           ,
           the
           same
           he
           was
           pleased
           to
           say
           of
           these
           of
           England
           ,
           That
           
             they
             were
             sufficient
             to
             make
             the
             King
             as
             great
             a
             Monarch
             as
             he
             could
             wish
             .
          
           There
           are
           a
           great
           many
           Arguments
           that
           inforce
           the
           unreasonableness
           of
           that
           Opinion
           ,
           That
           Kings
           may
           be
           called
           to
           an
           account
           for
           every
           mis-management
           ;
           and
           indeed
           ,
           it
           would
           seem
           much
           safer
           for
           the
           People
           ,
           many
           times
           ,
           to
           lie
           under
           the
           incroachments
           of
           their
           
           Princes
           ,
           then
           to
           endeavour
           a
           redress
           by
           a
           Remedy
           ,
           that
           proves
           often
           worse
           than
           the
           Disease
           :
           And
           therefore
           it
           is
           not
           mis-managements
           in
           general
           ,
           though
           many
           and
           great
           ,
           that
           unmakes
           a
           King
           ,
           but
           only
           such
           as
           shake
           and
           subvert
           the
           Essence
           of
           the
           Government
           ,
           and
           unhinge
           the
           fundamental
           Constitution
           of
           the
           Kingdom
           .
           And
           if
           mis-managements
           of
           this
           kind
           can
           be
           justly
           charged
           upon
           the
           late
           King
           ,
           it
           follows
           necessarily
           ,
           that
           immediately
           upon
           his
           so
           doing
           ,
           our
           Constitution
           is
           at
           an
           end
           ,
           and
           our
           Legal
           Government
           dissolved
           ▪
           and
           thereupon
           He
           ceased
           to
           be
           our
           King
           ,
           and
           We
           to
           be
           his
           Subjects
           .
           And
           how
           far
           the
           late
           King
           is
           thus
           chargeable
           ,
           will
           appear
           in
           the
           following
           Considerations
           .
        
         
           That
           the
           First
           Fundamental
           Hinge
           of
           our
           Constitution
           ,
           
             viz.
             That
             the
             Laws
             the
             People
             are
             to
             be
             governed
             by
             ,
             be
             made
             by
             the
             King
             and
             Parliament
             ,
          
           was
           subverted
           by
           the
           late
           King
           ,
           is
           evident
           ,
           in
           his
           assuming
           a
           Power
           
             to
             annul
             and
             disable
             Laws
          
           ,
           by
           his
           two
           Proclamations
           
             for
             a
             toleration
             ,
             Anno
          
           1686.
           
           For
           a
           Power
           
             to
             ease
             ,
             annul
             ,
             and
             disable
          
           Laws
           ,
           is
           as
           much
           a
           part
           of
           the
           Legislature
           ,
           as
           a
           Power
           to
           make
           Laws
           ;
           since
           properly
           ,
           none
           can
           unmake
           Laws
           ,
           but
           those
           that
           made
           them
           ;
           Yea
           ,
           it
           would
           seem
           ,
           that
           Power
           to
           annul
           Laws
           ,
           should
           be
           greater
           than
           that
           which
           made
           them
           ,
           considering
           that
           all
           Nations
           by
           their
           Practice
           have
           agreed
           to
           this
           ,
           as
           a
           Principle
           in
           Politicks
           ,
           
           That
           to
           abrogate
           an
           ancient
           Custom
           or
           Law
           ,
           is
           one
           of
           the
           greatest
           stretches
           of
           the
           Legislature
           ,
           and
           should
           be
           the
           Result
           of
           the
           most
           deliberate
           and
           sedate
           Consultations
           .
           So
           that
           the
           Late
           King
           ,
           by
           assuming
           a
           power
           to
           
             annul
             Laws
          
           ,
           made
           by
           King
           and
           Parliament
           ,
           did
           at
           the
           same
           time
           arrogate
           to
           himself
           a
           power
           ,
           at
           least
           as
           great
           ,
           if
           not
           greater
           ,
           than
           that
           of
           both
           King
           and
           Parliament
           together
           .
           Moreover
           ,
           That
           the
           annulling
           of
           Laws
           is
           equivalent
           to
           the
           making
           of
           Laws
           ,
           is
           plain
           ,
           in
           the
           Case
           before
           us
           ;
           for
           there
           are
           a
           great
           many
           Laws
           incapacitating
           Roman-Catholicks
           to
           enjoy
           publick
           Offices
           and
           Benefices
           :
           Now
           when
           King
           Iames
           assum'd
           a
           power
           to
           annul
           these
           Laws
           ,
           and
           from
           an
           absolute
           Power
           ,
           
             which
             every
             one
             was
             to
             obey
             without
             reserve
             ,
          
           was
           pleas'd
           to
           capacitate
           these
           Persons
           ,
           whom
           the
           Laws
           made
           by
           King
           and
           Parliament
           had
           incapacitated
           ,
           This
           was
           equivalent
           ,
           in
           the
           opinion
           of
           both
           the
           Giver
           and
           Receiver
           ,
           and
           had
           the
           same
           effects
           ,
           as
           if
           there
           had
           been
           an
           Act
           of
           Parliament
           expresly
           made
           in
           their
           favours
           .
        
         
           But
           not
           only
           did
           the
           Late
           King
           in
           his
           Declarations
           for
           Liberty
           of
           Conscience
           ,
           by
           annulling
           of
           Laws
           ,
           take
           upon
           him
           a
           power
           equivalent
           to
           that
           of
           making
           of
           Laws
           ,
           but
           did
           in
           
             a
             direct
             and
             express
             manner
          
           invade
           the
           Legislature
           lodged
           in
           King
           and
           Parliament
           ,
           
             by
             his
             imposing
             on
             his
             Subjects
             an
             Oath
             contrary
             to
             Law
             ,
          
           and
           ,
           which
           even
           the
           King
           and
           Parliament
           together
           could
           not
           impose
           ,
           because
           it
           was
           in
           it self
           a
           subversion
           of
           the
           Constitution
           ,
           as
           being
           an
           obligation
           to
           support
           a
           Power
           directly
           destructive
           to
           
             both
             the
             fundamental
             hindges
          
           of
           the
           Government
           .
           By
           this
           Oath
           the
           Subjects
           were
           oblig'd
           
             to
             the
             utmost
             of
             their
             power
             ,
             to
             defend
             ,
             assist
             ,
             and
             maintain
             the
             King
             and
             his
             Successors
             in
             the
             exercise
             of
             their
             Absolute
             Power
          
           ;
           and
           thus
           ,
           as
           the
           
           Oath
           was
           created
           by
           this
           Absolute
           Power
           ,
           so
           the
           Absolute
           Power
           must
           be
           supported
           by
           this
           Oath
           ,
           and
           thereby
           all
           the
           remnants
           of
           natural
           Liberty
           ,
           or
           a
           Legal
           Government
           ,
           were
           extinguish'd
           ,
           being
           the
           Subjects
           were
           oblig'd
           by
           oath
           to
           maintain
           the
           exercise
           of
           that
           which
           plainly
           destroy'd
           them
           .
        
         
           Some
           have
           been
           at
           a
           loss
           to
           find
           out
           the
           Reason
           of
           the
           difference
           of
           Styles
           in
           the
           Late
           King's
           
             Declaration
             for
             liberty
             of
             Conscience
             in
             England
             ,
          
           and
           that
           of
           Ours
           ;
           the
           Imperial
           Language
           of
           
             annulling
             and
             disabling
             of
             Laws
          
           being
           left
           out
           in
           the
           English
           one
           ,
           and
           in
           their
           stead
           ,
           the
           softer
           words
           of
           
             dispensing
             with
             Laws
          
           ,
           made
           use
           of
           .
           I
           confess
           I
           know
           no
           other
           reason
           of
           this
           different
           Conduct
           ,
           but
           that
           we
           were
           brought
           to
           that
           state
           of
           Slavery
           ,
           that
           it
           was
           not
           worth
           the
           while
           to
           dissemble
           his
           Designs
           against
           us
           ;
           and
           the
           English
           requir'd
           to
           be
           somewhat
           better
           smooth'd
           over
           ,
           because
           they
           had
           not
           been
           so
           fully
           accustomed
           to
           an
           Arbitrary
           Government
           .
        
         
           Thus
           I
           have
           made
           out
           ,
           that
           King
           Iames
           ,
           both
           
             by
             consequence
          
           ,
           and
           directly
           ,
           did
           invade
           
             the
             Legislature
          
           ,
           which
           is
           
             the
             main
             hindge
             of
             the
             Constitution
             ,
          
           and
           thereby
           subverted
           the
           Government
           :
           And
           if
           the
           Government
           was
           subverted
           ,
           it
           must
           necessarily
           follow
           ,
           that
           the
           Kingly
           Power
           was
           subverted
           with
           it
           ;
           and
           all
           our
           Tyes
           of
           Allegiance
           ,
           whether
           founded
           
             upon
             oath
          
           ,
           or
           otherwise
           ,
           are
           extinguish'd
           ,
           when
           the
           Constitution
           we
           were
           oblig'd
           to
           maintain
           ,
           is
           dissolved
           ;
           and
           the
           King
           of
           himself
           had
           divested
           himself
           of
           that
           Authority
           ,
           which
           we
           were
           to
           defend
           and
           obey
           .
           And
           if
           it
           be
           necessary
           to
           determine
           the
           time
           when
           this
           Dissolution
           happen'd
           ;
           I
           answer
           ,
           That
           albeit
           for
           these
           many
           years
           our
           Slavery
           was
           design'd
           ,
           and
           a
           great
           many
           steps
           made
           to
           it
           ,
           which
           ,
           perhaps
           ,
           taken
           all
           together
           ,
           
           might
           amount
           to
           
             a
             Consequential
             Subversion
          
           of
           the
           Government
           ;
           yet
           without
           all
           doubt
           ,
           in
           that
           Declaration
           
             for
             Liberty
             of
             Conscience
          
           ,
           dated
           the
           12th
           of
           February
           1686
           ▪
           which
           asserted
           an
           Absolute
           Power
           ,
           
             which
             every
             one
             was
             to
             obey
             without
             reserve
          
           ;
           and
           thereupon
           a
           power
           to
           
             disable
             Laws
          
           ,
           the
           Late
           King
           finisht
           his
           Design
           ,
           and
           our
           Ruine
           :
           And
           from
           that
           
             Critical
             Moment
          
           I
           must
           fix
           the
           Epocha
           of
           the
           Subversion
           of
           the
           Scotch
           Government
           .
        
         
           But
           because
           there
           are
           some
           People
           so
           ridiculously
           fond
           of
           Slavery
           ,
           that
           they
           cannot
           endure
           to
           hear
           that
           any
           of
           the
           Kings
           of
           Scotland
           can
           forfeit
           his
           Right
           ,
           which
           I
           beg
           leave
           to
           say
           ,
           is
           nonsense
           to
           deny
           ,
           in
           the
           case
           of
           a
           total
           subversion
           of
           the
           Government
           ,
           as
           this
           in
           question
           is
           .
           I
           would
           sain
           know
           why
           such
           a
           thing
           as
           forfaulture
           should
           be
           lookt
           upon
           as
           so
           monstrous
           in
           Scotland
           ?
           We
           find
           that
           the
           Late
           King
           did
           not
           only
           assume
           a
           Prerogative
           to
           annul
           and
           disable
           Laws
           ,
           and
           such
           a
           power
           as
           we
           were
           not
           only
           to
           
             obey
             without
             reserve
          
           ,
           but
           
             to
             swear
             to
             maintain
          
           .
           We
           find
           that
           by
           virtue
           of
           this
           Prerogative
           and
           Power
           thus
           assumed
           ,
           He
           did
           actually
           
             annul
             and
             disable
          
           a
           great
           many
           Laws
           for
           security
           of
           our
           Religion
           .
           Now
           suppose
           he
           had
           been
           pleas'd
           to
           impose
           Taxes
           upon
           his
           People
           without
           a
           Parliament
           ,
           and
           had
           levied
           them
           by
           his
           own
           Army
           or
           Dragoons
           borrowed
           from
           
             the
             Invincible
             Monarch
          
           ,
           and
           had
           to
           boot
           annulled
           all
           our
           Laws
           made
           for
           the
           security
           of
           our
           Rights
           and
           Properties
           :
           And
           in
           fine
           ,
           Suppose
           he
           had
           been
           pleas'd
           to
           lay
           aside
           the
           whole
           body
           of
           our
           Laws
           ,
           by
           one
           of
           these
           Royal
           Edicts
           ,
           
             which
             all
             were
             to
             obey
             without
             reserve
             .
          
           I
           would
           willingly
           know
           of
           these
           Gentlemen
           ,
           By
           what
           name
           to
           call
           such
           Practices
           ;
           and
           whether
           in
           this
           case
           ,
           we
           are
           patiently
           to
           suffer
           a
           King
           to
           subvert
           the
           whole
           frame
           of
           
           our
           Government
           ,
           and
           to
           render
           Bondslaves
           those
           that
           were
           born
           free
           Subjects
           to
           the
           protection
           and
           privilege
           of
           Laws
           .
           And
           such
           suppositions
           are
           both
           possible
           ,
           and
           ,
           perhaps
           might
           have
           been
           actually
           existent
           ,
           if
           some
           had
           continued
           at
           the
           Helm
           a
           year
           or
           two
           longer
           .
        
         
           I
           might
           here
           resume
           some
           things
           with
           relation
           to
           this
           Absolute
           Power
           assum'd
           by
           the
           Late
           King
           ;
           and
           the
           word
           
             Invincible
             necessity
          
           ,
           mention'd
           in
           his
           first
           Declaration
           for
           Liberty
           of
           Conscience
           ,
           which
           I
           had
           occasion
           to
           hint
           at
           in
           my
           Answer
           to
           the
           late
           Declaration
           to
           his
           Pretended
           Subjects
           of
           
             England
             ,
             &c.
          
           but
           I
           am
           not
           so
           fond
           of
           my
           own
           Notions
           ,
           as
           to
           repeat
           them
           twice
           ;
           and
           the
           rather
           ,
           that
           the
           entertainment
           the
           World
           was
           pleas'd
           to
           give
           that
           Paper
           ,
           infinitely
           beyond
           what
           it
           deserved
           ,
           makes
           me
           think
           ,
           that
           This
           can
           come
           to
           the
           hands
           of
           few
           ,
           who
           have
           not
           seen
           the
           other
           .
           Only
           I
           must
           say
           this
           ,
           I
           take
           no
           pleasure
           to
           aggravate
           the
           faults
           of
           any
           ,
           or
           make
           the
           Consequences
           of
           them
           look
           more
           ghastly
           than
           they
           are
           in
           themselves
           ;
           much
           less
           would
           I
           be
           guilty
           of
           such
           a
           thing
           toward
           Crown'd
           Heads
           .
           However
           ,
           I
           am
           not
           able
           to
           alter
           the
           just
           appearance
           of
           this
           ,
           That
           the
           publick
           Safety
           can
           never
           be
           secured
           in
           any
           Constitution
           whatsoever
           ,
           and
           that
           the
           Ends
           of
           the
           Government
           are
           quite
           lost
           ,
           if
           the
           Person
           who
           subverts
           it
           ,
           doth
           not
           at
           the
           same
           time
           destroy
           and
           forfeit
           his
           own
           share
           in
           it
           .
        
         
           I
           come
           to
           the
           second
           member
           of
           the
           second
           general
           Head
           ,
           
             viz.
             To
             inquire
             whether
             or
             not
             the
             Late
             King
          
           Iames
           
             did
             subvert
             that
             other
             main
             hinge
             of
             the
             Government
             of
          
           Scotland
           ,
           
             which
             I
             have
             explain'd
             to
             be
             an
             obligation
             to
             govern
             by
             the
             Laws
             made
             by
             the
             King
             and
             Parliament
          
           ;
           and
           thereupon
           ,
           
             if
             the
             Estates
             of
             the
             Kingdom
          
           
           
             did
             justly
             lay
             him
             aside
          
           ?
           This
           Inquiry
           is
           indeed
           no
           difficult
           ,
           though
           an
           ungrateful
           and
           meloncholly
           task
           .
           For
           what
           man
           that
           loves
           his
           Countrey
           ,
           can
           look
           back
           upon
           its
           ruines
           ,
           without
           emotions
           of
           tenderness
           !
           To
           enumerate
           all
           the
           dismal
           Instances
           of
           the
           subversion
           of
           
             this
             hinge
          
           of
           our
           Government
           ,
           for
           the
           space
           of
           many
           years
           ,
           requires
           such
           a
           Pen
           as
           sung
           the
           Fall
           of
           Troy
           ,
           or
           the
           Destruction
           of
           Thebes
           .
           And
           as
           the
           Subject
           merits
           to
           be
           set
           beyond
           the
           power
           of
           Oblivion
           ,
           I
           cannot
           but
           hope
           that
           this
           fertile
           Age
           will
           produce
           some
           one
           ,
           that
           shall
           dare
           to
           imitate
           
           Sueton's
           Character
           ,
           by
           writing
           the
           Lives
           of
           
             some
             of
             the
             Great
             ,
             tanquam
             ipsi
             vixerint
          
           ;
           and
           handle
           down
           to
           Posterity
           the
           fatal
           Methods
           us'd
           for
           enslaving
           a
           free-born
           People
           .
           And
           rather
           than
           the
           memory
           of
           these
           Transactions
           should
           perish
           for
           want
           of
           a
           better
           Historian
           to
           perpetuate
           them
           ,
           I
           may
           perhaps
           be
           induc'd
           to
           venture
           my
           own
           Reputation
           in
           doing
           it
           ,
           short
           of
           what
           the
           Tragick
           Theme
           may
           bear
           ,
           than
           that
           it
           shoud
           not
           be
           done
           at
           all
           .
        
         
           But
           to
           confine
           this
           Head
           to
           as
           few
           words
           as
           possible
           ;
           It
           's
           equally
           evident
           ,
           that
           the
           Late
           King
           Iames
           did
           subvert
           this
           Fundamental
           of
           the
           Government
           ,
           as
           well
           as
           the
           former
           ;
           For
           so
           far
           was
           he
           from
           governing
           according
           to
           the
           Laws
           made
           by
           King
           and
           Parliament
           ,
           that
           his
           whole
           Government
           ,
           especially
           since
           the
           time
           of
           his
           assuming
           a
           dispencing
           and
           
             annulling
             Power
          
           ,
           was
           a
           continned
           downright
           opposition
           to
           Laws
           .
           Here
           I
           need
           do
           no
           more
           ,
           but
           refer
           the
           Reader
           to
           the
           Printed
           
             Instrument
             of
             Government
          
           for
           setling
           the
           Crown
           of
           Scotland
           upon
           their
           present
           Majesties
           ;
           in
           which
           we
           have
           contain'd
           a
           Summary
           of
           the
           Late
           King
           's
           more
           palpable
           and
           gross
           breaches
           of
           this
           Fundamental
           of
           the
           Constitution
           ,
           and
           which
           I
           shall
           only
           explain
           a
           
           little
           ,
           for
           the
           benefit
           of
           those
           that
           are
           Strangers
           to
           our
           Countrey
           .
        
         
           King
           Iames
           did
           not
           only
           lay
           aside
           a
           great
           many
           Laws
           and
           Acts
           of
           Parliament
           made
           against
           
             saying
             of
             Mass
             ▪
          
           and
           against
           Iesuits
           and
           
             Seminary
             Priests
          
           ,
           but
           would
           needs
           ,
           in
           the
           greatest
           and
           most
           publick
           Cities
           of
           the
           Kingdom
           ,
           erect
           
             publick
             Schools
          
           and
           Societies
           for
           Iesuits
           and
           Seminary
           Priests
           ,
           and
           did
           apply
           no
           inconsiderable
           part
           of
           the
           Publick
           Revenue
           to
           that
           use
           .
           And
           farther
           ,
           He
           was
           pleas'd
           frankly
           to
           invade
           the
           Property
           of
           the
           Subjects
           ,
           by
           inverting
           summarly
           ,
           without
           any
           previous
           Sentence
           ,
           several
           Protestant
           Churches
           and
           Chappels
           into
           publick
           Mass-houses
           ,
           and
           particularly
           the
           great
           Church
           of
           Hollyroodhouse
           within
           the
           Capital
           City
           of
           the
           Kingdom
           ,
           the
           ancient
           Burying-place
           of
           our
           Kings
           ,
           that
           had
           been
           a
           Paroch
           Church
           ever
           since
           the
           Reformation
           .
        
         
           In
           spite
           of
           Law
           ,
           He
           not
           only
           caus'd
           to
           be
           erected
           Popish
           Printing-houses
           for
           printing
           Popish
           Books
           ,
           but
           refus'd
           to
           allow
           the
           Printing
           of
           Protestant
           ones
           ,
           merely
           
             because
             ▪
             they
             were
             against
             the
             King's
             Religion
             .
          
        
         
           He
           not
           only
           did
           Invade
           the
           Laws
           of
           the
           Land
           ,
           but
           the
           most
           Tender
           part
           of
           the
           Law
           of
           Nature
           ,
           in
           taking
           Protestant
           Noblemen
           and
           Gentlemens
           Children
           from
           their
           Parents
           and
           Friends
           ,
           to
           be
           Educated
           in
           Foreign
           Popish
           Universities
           :
           As
           ▪
           particularly
           the
           Earl
           of
           Wigton
           ,
           and
           his
           only
           Brother
           ,
           two
           of
           the
           most
           hopeful
           Gentlemen
           ,
           and
           one
           of
           the
           Noblest
           and
           Ancientest
           Families
           of
           Scotland
           ,
           were
           Ravish'd
           from
           the
           Arms
           of
           their
           Mother
           the
           Countess
           of
           Crawford
           ,
           where
           neither
           the
           Prayers
           nor
           Tears
           of
           the
           young
           Noblemen
           
           themselves
           ,
           nor
           the
           Generous
           Offer
           of
           the
           Earl
           of
           Crawford
           ,
           to
           Educate
           them
           upon
           his
           own
           Charges
           ,
           were
           able
           to
           prevent
           so
           hard
           a
           Fate
           ,
           Lundie
           ,
           one
           of
           the
           most
           Antient
           Families
           of
           the
           Gentry
           of
           the
           Kingdom
           ,
           and
           who
           had
           the
           honour
           to
           be
           among
           the
           first
           Reformers
           from
           Popery
           ,
           tho
           of
           an
           Age
           that
           made
           him
           Master
           of
           himself
           ,
           was
           searched
           for
           ,
           in
           order
           to
           be
           sent
           the
           same
           Errand
           ;
           and
           that
           in
           a
           manner
           only
           becoming
           the
           Action
           .
        
         
           In
           open
           Defiance
           of
           a
           great
           many
           Laws
           to
           the
           contrary
           ,
           the
           Late
           King
           Iames
           was
           pleased
           to
           fill
           up
           some
           of
           the
           most
           Important
           Places
           of
           the
           Government
           with
           
             Roman
             Catholicks
          
           ;
           such
           as
           
             Chancellor
             ,
             Secretaries
             of
             State
             ,
             Commissioners
             of
             the
             Thesaury
             ,
             Lords
             of
             Privy-Council
             ,
             Session
             ,
             and
             Exchequer
             .
          
           He
           was
           pleased
           to
           commit
           the
           Great
           Magazine
           of
           the
           Kingdom
           ,
           the
           Government
           of
           the
           Castle
           of
           Edinburgh
           ,
           and
           the
           Custody
           of
           the
           Regalia
           ,
           to
           one
           of
           that
           Religion
           ;
           and
           to
           fill
           up
           a
           great
           many
           Important
           Places
           of
           the
           Army
           ,
           with
           the
           same
           Men
           that
           the
           Laws
           had
           render'd
           Incapable
           .
        
         
           Our
           Laws
           have
           wisely
           adapted
           the
           measure
           of
           Punishment
           to
           the
           Nature
           of
           the
           Crime
           ;
           some
           infering
           the
           loss
           of
           Chattels
           ,
           and
           others
           the
           loss
           of
           Life
           and
           whole
           Estate
           ,
           whether
           in
           Lands
           or
           Chattels
           ;
           and
           this
           last
           ,
           our
           Law
           calls
           a
           Forfaulture
           ,
           and
           is
           only
           inflicted
           upon
           the
           most
           Attrocious
           Criminals
           ;
           King
           Iames
           did
           so
           far
           Subvert
           this
           Reasonable
           part
           of
           our
           Constitution
           ,
           that
           some
           of
           his
           Ministers
           did
           impose
           upon
           some
           Thousands
           of
           People
           ,
           Fines
           that
           far
           exceeded
           their
           whole
           Estates
           ,
           and
           consequently
           amounted
           to
           a
           Forfeiture
           ;
           and
           all
           this
           ,
           upon
           such
           Imaginary
           Crimes
           as
           this
           ,
           Because
           the
           Wife
           went
           not
           to
           Church
           once
           in
           three
           Weeks
           ,
           tho
           the
           Husband
           did
           
           it
           ;
           and
           I
           am
           able
           to
           instance
           above
           400
           thus
           Fin'd
           ,
           or
           rather
           Forfeited
           ,
           for
           the
           like
           
             Minute
             Crimes
          
           ,
           within
           the
           Bounds
           of
           one
           single
           County
           .
        
         
           It
           's
           an
           uncontroverted
           Principle
           of
           our
           Law
           ,
           That
           no
           man
           can
           be
           condemn'd
           to
           die
           ,
           but
           upon
           his
           being
           found
           guilty
           of
           the
           Crime
           by
           a
           Iury
           of
           Fifteen
           Men.
           Notwithstanding
           of
           this
           great
           Security
           of
           our
           Lives
           and
           Fortunes
           ,
           King
           Iames
           was
           pleased
           to
           grant
           Commissions
           to
           Military
           Officers
           ,
           impowering
           them
           to
           put
           to
           Death
           without
           either
           Iury
           ,
           Tryal
           ,
           or
           Record
           ;
           and
           which
           Commissions
           were
           as
           boldly
           put
           in
           Execution
           .
        
         
           Nothing
           seems
           more
           directly
           founded
           on
           the
           Law
           of
           Nature
           ,
           than
           that
           a
           Man
           should
           not
           be
           depriv'd
           of
           his
           Liberty
           ,
           without
           showing
           him
           a
           Cause
           for
           it
           ;
           yet
           how
           many
           hundreds
           have
           been
           in
           a
           manner
           buried
           alive
           in
           a
           sort
           of
           Dungeons
           ,
           for
           several
           years
           ,
           without
           being
           told
           to
           this
           very
           day
           ,
           what
           was
           their
           Crime
           .
        
         
           The
           Burroughs
           of
           Scotland
           were
           always
           reputed
           as
           one
           of
           the
           Estates
           of
           the
           Kingdom
           ,
           and
           by
           their
           Charters
           ratified
           in
           Parliament
           ,
           were
           Vested
           with
           a
           Power
           to
           Elect
           their
           own
           Magistrats
           ;
           yet
           King
           Iames
           did
           so
           far
           trample
           upon
           the
           Liberties
           of
           this
           Third
           Estate
           ,
           that
           without
           the
           pretence
           of
           either
           
             Surrender
             ,
             Consent
          
           or
           Sentence
           ,
           he
           was
           pleased
           to
           Impose
           upon
           them
           for
           Magistrates
           ,
           those
           that
           were
           Strangers
           ,
           and
           not
           Free
           of
           their
           Corporations
           ,
           and
           a
           great
           many
           of
           them
           
             Roman
             Catholicks
          
           .
        
         
           It
           were
           in
           vain
           to
           endeavour
           to
           confine
           to
           this
           Paper
           ,
           all
           the
           Instances
           of
           King
           Iames
           his
           Subverting
           
             this
             Hinge
          
           of
           our
           Constitution
           ,
           
             viz.
             The
             obligation
             to
             Govern
             according
             to
             Law
             :
          
           I
           shall
           conclude
           with
           one
           Paramount
           Instance
           ,
           that
           entails
           an
           Eternal
           Blot
           
           upon
           the
           Government
           of
           the
           Late
           King
           ,
           and
           upon
           the
           late
           Iustice
           of
           our
           Nation
           ;
           I
           mean
           ,
           the
           Indictment
           of
           high
           Treason
           against
           that
           
             Noble
             Person
          
           the
           late
           Earl
           of
           Argyle
           ;
           of
           whom
           ,
           to
           say
           too
           much
           were
           impossible
           ;
           and
           to
           say
           too
           little
           ,
           were
           a
           Crime
           .
           It
           's
           true
           ,
           this
           Affair
           was
           Transacted
           in
           the
           Late
           King
           Charles
           his
           Reign
           ,
           but
           it
           justly
           merits
           the
           glory
           of
           being
           accounted
           one
           of
           King
           
           Iames's
           Managements
           ,
           since
           he
           was
           his
           Brother's
           Commissioner
           ,
           and
           upon
           the
           place
           at
           the
           time
           ,
           and
           the
           source
           and
           promoter
           of
           that
           great
           Person
           's
           Ruine
           .
           One
           would
           think
           that
           it
           needs
           must
           have
           been
           some
           horrid
           Crime
           that
           could
           obliterate
           all
           the
           eminent
           Services
           done
           by
           this
           Nobleman
           to
           the
           Crown
           ,
           even
           in
           its
           lowest
           figure
           ,
           that
           could
           provoke
           Iustice
           to
           convict
           him
           of
           no
           less
           than
           High
           Treason
           ,
           
             to
             taint
             his
             Blood
          
           ,
           and
           declare
           his
           Family
           Ignoble
           ;
           to
           forfeit
           his
           Estate
           ;
           to
           extinguish
           his
           Honour
           ,
           the
           first
           of
           its
           Rank
           in
           the
           Kingdom
           ;
           and
           to
           sentence
           Himself
           to
           die
           the
           death
           of
           a
           Traytor
           ,
           and
           all
           this
           to
           happen
           within
           a
           few
           weeks
           after
           that
           he
           had
           been
           seen
           to
           move
           in
           the
           highest
           Orb
           of
           favour
           ,
           and
           to
           entertain
           the
           then
           Duke
           of
           York
           with
           the
           greatest
           magnificence
           at
           his
           House
           in
           Stirling
           .
           King
           Charles
           had
           reason
           to
           call
           this
           Crime
           of
           the
           Earl
           of
           
           Argyle's
           ,
           a
           Metaphysick
           kind
           of
           Treason
           ,
           and
           a
           thing
           he
           could
           never
           make
           sense
           of
           .
           But
           that
           those
           who
           are
           strangers
           to
           our
           Kingdom
           ,
           may
           have
           a
           short
           hint
           of
           this
           
             unintelligible
             Affair
          
           ,
           I
           beg
           leave
           to
           inform
           them
           ,
           That
           in
           the
           Parliament
           ,
           where
           the
           Late
           King
           Iames
           represented
           his
           Brother
           as
           High
           Commissioner
           ,
           there
           was
           an
           Oath
           or
           Test
           enacted
           to
           be
           taken
           by
           all
           Persons
           in
           publick
           Offices
           ;
           in
           which
           Test
           ,
           there
           were
           some
           things
           
           contained
           so
           hard
           of
           digestion
           ,
           and
           of
           
             apparent
             contradiction
             in
             it self
          
           ,
           that
           a
           great
           many
           Persons
           of
           all
           Ranks
           ,
           scrupled
           it
           upon
           that
           score
           .
           Yea
           ,
           the
           universal
           dislike
           of
           it
           at
           first
           was
           such
           ,
           as
           oblig'd
           the
           Bishop
           of
           Edinburgh
           ,
           and
           afterward
           the
           
             Privy
             Council
             it self
          
           ,
           to
           emit
           a
           publick
           explanation
           of
           this
           Test
           ,
           and
           therein
           to
           piece
           up
           ,
           in
           the
           best
           manner
           possible
           ,
           the
           seeming
           Contradictions
           contained
           in
           it
           .
           Notwithstanding
           of
           all
           this
           ,
           and
           that
           most
           of
           the
           Clergy
           ,
           especially
           of
           the
           North
           ,
           did
           take
           this
           Test
           and
           Oath
           ,
           with
           ,
           and
           under
           
             express
             Explanations
          
           ,
           and
           were
           by
           Authority
           allowed
           them
           ;
           yet
           the
           Earl
           of
           Argyle
           had
           his
           Life
           ,
           Honour
           ,
           and
           Fortune
           sacrific'd
           ,
           for
           venturing
           on
           that
           which
           the
           meanest
           Countrey
           Minister
           was
           permitted
           .
           But
           that
           the
           Ages
           to
           come
           ,
           may
           know
           
             the
             very
             words
          
           ,
           wherein
           this
           Chymereal
           Treason
           lay
           ,
           and
           thereby
           be
           the
           better
           capacitate
           to
           have
           a
           true
           value
           of
           the
           Learning
           and
           Integrity
           of
           those
           Gentlemen
           that
           had
           the
           honour
           of
           finding
           it
           out
           .
           I
           shall
           repeat
           the
           very
           Expressions
           which
           were
           declared
           by
           the
           plurality
           of
           his
           judges
           to
           be
           in
           themselves
           High-Treason
           :
           which
           are
           these
           ,
           according
           as
           they
           are
           set
           down
           in
           the
           Indictment
           ,
           upon
           which
           he
           was
           found
           guilty
           .
           
             I
             have
             considered
             the
             Test
             ,
             and
             am
             very
             desirous
             to
             give
             obedience
             as
             far
             as
             I
             can
             .
             I
             am
             confident
             the
             Parliament
             never
             intended
             to
             impose
             contradictory
             Oaths
             ,
             and
             therefore
             I
             think
             no
             man
             can
             explain
             it
             but
             for
             himself
             ,
             and
             reconcile
             it
             as
             it
             is
             genuine
             ,
             and
             agrees
             in
             its
             own
             sense
             ;
             and
             I
             take
             it
             in
             so
             far
             as
             it
             is
             consistent
             with
             the
             Protestant
             Religion
             ,
             and
             it self
             :
             And
             I
             do
             declare
             ,
             I
             mean
             not
             to
             bind
             up
             my self
             in
             my
             Station
             ,
             and
             in
             a
             lawful
             way
             ,
          
           
           
             to
             wish
             ,
             and
             endeavour
             any
             alteration
             I
             think
             to
             the
             advantage
             of
             Church
             or
             State
             ,
             and
             not
             repugnant
             to
             the
             Protestant
             Religion
             ,
             and
             my
             Loyalty
             ;
             And
             this
             I
             understand
             as
             a
             part
             of
             my
             Oath
             .
          
        
         
           Behold
           the
           transcendent
           Crime
           that
           brought
           one
           of
           the
           Greatest
           and
           Ancientest
           Families
           of
           our
           Nation
           to
           ruine
           ,
           and
           at
           last
           ,
           one
           of
           the
           greatest
           and
           best
           of
           its
           Subjects
           to
           the
           Block
           ;
           and
           therein
           an
           unexampled
           Instance
           of
           an
           Arbitrary
           Power
           ,
           that
           scorn'd
           to
           be
           bounded
           by
           the
           mean
           and
           weak
           Bonds
           of
           Iustice
           and
           Law
           ,
           but
           could
           boldly
           venture
           upon
           all
           that
           uses
           to
           be
           sacred
           among
           men
           ,
           when
           it
           was
           found
           needful
           to
           sacrifice
           to
           Revenge
           any
           that
           might
           have
           the
           honour
           to
           oppose
           the
           Design
           of
           introducing
           Popery
           ,
           and
           Arbitrary
           Power
           .
           It
           's
           to
           be
           regretted
           ,
           that
           Death
           has
           exempted
           from
           a
           Temporal
           Bar
           the
           rest
           of
           this
           Nobleman's
           Iudges
           ,
           that
           gave
           their
           vote
           against
           him
           ,
           and
           has
           left
           us
           behind
           but
           one
           of
           them
           ;
           
             B.
             of
             F.
          
           a
           Person
           Iustice
           must
           stoop
           to
           ,
           before
           she
           can
           meet
           him
           ;
           and
           whom
           Heaven
           has
           denied
           any
           Qualities
           that
           might
           render
           him
           a
           suitable
           Victim
           for
           the
           atonement
           of
           so
           Illustrious
           Blood.
           
        
         
           Here
           it
           is
           but
           reasonable
           ,
           that
           I
           should
           mention
           with
           honour
           a
           great
           many
           noble
           and
           generous
           Persons
           ,
           who
           merit
           to
           have
           their
           Names
           affixt
           
             on
             the
             Temple
             of
             Fame
          
           to
           After-ages
           ,
           for
           the
           glory
           of
           daring
           to
           make
           what
           opposition
           they
           could
           to
           the
           enslaving
           their
           Countrey
           :
           Some
           of
           whom
           ,
           neither
           
             Places
             of
             Preferment
          
           ,
           nor
           the
           
             honour
             of
             sitting
             at
             the
             Council-board
             ,
          
           and
           
             on
             the
             Bench
          
           ,
           could
           tempt
           to
           
           betray
           the
           Liberties
           of
           the
           Nation
           ;
           and
           of
           whom
           others
           were
           proof
           against
           
             the
             Frowns
             of
             Princes
          
           ,
           and
           could
           not
           be
           frighted
           by
           the
           loss
           of
           Imployments
           and
           Disgraces
           ,
           from
           their
           Duty
           .
           But
           this
           fertile
           Subject
           I
           leave
           to
           a
           better
           Pen.
           
        
         
           Thus
           ,
           I
           hope
           ,
           I
           have
           made
           it
           appear
           ,
           That
           the
           two
           great
           Hinges
           of
           the
           Government
           of
           Scotland
           are
           ,
           
             that
             the
             Laws
             the
             People
             are
             governed
             by
             ,
             be
             made
             by
             King
             and
             Parliament
             :
          
           And
           
             that
             the
             Government
             be
             administred
             according
             to
             these
             Laws
             .
          
           I
           have
           also
           prov'd
           ,
           That
           the
           Late
           King
           
             Iames
             has
             subverted
             both
             these
             two
             Hinges
             of
             the
             Government
          
           ;
           and
           thence
           ,
           that
           
             our
             Constitution
             was
             dissolv'd
          
           ,
           and
           our
           Obligations
           of
           Obedience
           ,
           and
           
             Oaths
             of
             Allegiance
          
           to
           that
           King
           ,
           are
           extinguish'd
           ,
           and
           at
           an
           end
           .
           From
           all
           which
           it
           must
           follow
           by
           a
           necessary
           Consequence
           ,
           without
           necessity
           of
           proving
           it
           ,
           That
           the
           Estates
           of
           the
           Kingdom
           did
           justly
           fill
           up
           the
           Throne
           ,
           vacant
           by
           the
           dissolution
           of
           the
           Government
           ;
           and
           thereby
           the
           above-mentioned
           Narrative
           of
           King
           
           Iames's
           Proclamation
           has
           now
           no
           more
           force
           than
           a
           Bull
           of
           Excommunication
           in
           Countreys
           where
           the
           Thunders
           of
           the
           Vatican
           have
           lost
           their
           force
           .
        
         
           There
           is
           but
           one
           Objection
           that
           can
           be
           made
           with
           any
           shadow
           of
           reason
           against
           King
           
             Iames
             his
             obligation
             to
             govern
             by
             Law
             ,
          
           and
           it
           is
           so
           trivial
           ,
           that
           it
           scarce
           requires
           an
           Answer
           ;
           and
           it
           's
           this
           ,
           That
           he
           never
           took
           the
           Coronation-Oath
           ,
           and
           therefore
           cannot
           be
           charged
           with
           unhinging
           that
           part
           of
           our
           Constitution
           ,
           
             To
             govern
             according
             to
             Law.
          
           To
           this
           ,
           
           all
           I
           shall
           say
           ,
           is
           first
           ,
           He
           was
           obliged
           to
           take
           it
           ,
           as
           being
           an
           Oath
           enacted
           to
           be
           taken
           by
           all
           the
           Kings
           of
           Scotland
           ;
           and
           it
           were
           most
           unreasonable
           ,
           that
           his
           Fault
           in
           not
           taking
           it
           ,
           should
           put
           him
           in
           a
           better
           Condition
           ,
           or
           us
           in
           a
           worse
           ,
           than
           if
           he
           had
           taken
           it
           .
           Secondly
           ,
           Whoever
           accepts
           the
           Regal
           Dignity
           in
           right
           of
           Succession
           ,
           is
           thereby
           understood
           to
           assume
           the
           Government
           with
           ,
           and
           under
           the
           same
           Conditions
           and
           Limitations
           that
           his
           Predecessors
           were
           under
           :
           So
           that
           King
           Iames
           ,
           by
           accepting
           the
           Crown
           of
           Scotland
           in
           Right
           of
           Succession
           to
           his
           Brother
           ,
           That
           very
           Right
           that
           entail'd
           upon
           him
           the
           Crown
           which
           was
           once
           his
           Brother's
           ,
           does
           at
           the
           same
           time
           entail
           also
           upon
           him
           the
           necessary
           and
           Essential
           Conditions
           of
           the
           Government
           ,
           as
           they
           were
           stated
           in
           his
           Brother's
           time
           .
        
         
           The
           rest
           of
           the
           Proclamation
           runs
           thus
           .
           
             By
             all
             which
             they
             have
             incurr'd
             the
             guilt
             and
             pains
             of
             High-Treason
          
           (
           meaning
           the
           Parliament
           ,
           as
           mentioned
           in
           the
           former
           part
           )
           
             and
             Rebellion
             against
             Us
             ,
             and
             Our
             Authority
             .
             Therefore
             We
             hereby
             declare
             the
             saids
             wicked
             Persons
             assembled
             ,
             as
             aforesaid
             ,
             consenting
             to
             such
             Proceedings
             ,
             Rebels
             and
             Traytors
             :
             Willing
             and
             requiring
             you
             ,
             and
             all
             our
             Good
             Subjects
             to
             take
             notice
             hereof
             ,
             that
             you
             give
             them
             no
             obedience
             ▪
             concourse
             ,
             or
             assistance
             ;
             But
             that
             to
             the
             utmost
             of
             your
             power
             you
             rise
             in
             Arms
             against
             ,
             assault
             ,
             attach
             and
             destroy
             them
             ,
             their
             Assistants
             and
             Abettors
             ,
             and
             to
             take
          
           
           
             and
             apprehend
             them
             ,
             and
             bring
             them
             to
             condign
             punishment
             ,
             according
             to
             the
             Laws
             and
             Acts
             of
             Parliament
             of
             that
             Kingdom
             ;
             their
             Estates
             and
             Goods
             to
             seize
             ,
             and
             imploy
             for
             Our
             use
             ,
             or
             your
             own
             subsistence
             ,
             in
             Our
             Service
             .
             And
             for
             whatever
             shall
             happen
             in
             prosecution
             of
             this
             Our
             Will
             and
             Pleasure
             ,
             This
             shall
             be
             to
             you
             ,
             and
             all
             others
             concern'd
             ,
             a
             sufficient
             Warrand
             and
             Command
             :
             And
             for
             all
             blood-shed
             ,
             slaughter
             ,
             mutilation
             ,
             fire-raising
             ,
             or
             other
             damage
             done
             to
             these
             Rebels
             ,
             their
             Accomplices
             ,
             Assisters
             ,
             Abettors
             ,
             their
             Lands
             ,
             and
             Inheritances
             ,
             Goods
             ,
             or
             Possessions
             ,
             a
             sufficient
             Indemnity
             ,
             Pardon
             ,
             Warrand
             and
             Approbation
             ,
             for
             now
             and
             ever
             :
             The
             which
             all
             our
             Iudges
             are
             to
             explain
             in
             the
             most
             favourable
             and
             extensive
             sense
             the
             words
             can
             bear
             ,
             in
             favours
             of
             Our
             saids
             Subjects
             ,
             obeying
             Our
             said
             Order
             as
             aforesaid
             .
             Declaring
             ,
             We
             will
             make
             good
             to
             Our
             Subjects
             whatever
             We
             promis'd
             them
             in
             Our
             Declarations
             in
             favours
             of
             the
             Protestant
             Religion
             ,
             and
             Liberty
             of
             Conscience
             ,
             to
             all
             who
             will
             live
             peaceably
             ,
             and
             Rights
             and
             Properties
             of
             our
             People
             .
          
           Given
           at
           
             Dublin
             ;
             &c.
          
           
           I
           would
           not
           have
           been
           at
           the
           pains
           to
           transcribe
           these
           Expressions
           ,
           if
           I
           did
           not
           think
           that
           the
           very
           reading
           of
           these
           unexampled
           Invitations
           to
           Slaughter
           ,
           Fire-raising
           ,
           &c.
           should
           excite
           a
           just
           horror
           in
           the
           minds
           of
           all
           men
           ,
           of
           what
           we
           are
           to
           expect
           ,
           if
           ever
           Heaven
           ,
           for
           the
           punishment
           of
           our
           Ingratitude
           ,
           should
           suffer
           
           us
           to
           fall
           under
           the
           Power
           of
           the
           Prince
           that
           uses
           them
           .
           And
           I
           have
           chose
           rather
           to
           pass
           them
           over
           with
           a
           bare
           repeating
           of
           them
           ,
           than
           by
           such
           an
           Answer
           as
           perhaps
           they
           require
           ,
           add
           Reflections
           upon
           a
           Prince
           ,
           who
           has
           his
           Fortune
           too
           much
           sunk
           already
           ,
           and
           whom
           a
           great
           many
           Considerations
           obliges
           me
           always
           to
           treat
           with
           all
           possible
           Respect
           .
        
         
           FINIS
           .
        
      
    
     
       
         
           ADVERTISEMENTS
           .
        
         
           
             A
             Seasonable
             Discourse
             wherein
             is
             Examined
             what
             is
             Lawful
             during
             the
          
           Confusions
           and
           Revolutions
           
             of
             Government
             ;
             Especially
             in
             the
             Case
             of
             a
             King
             deserting
             his
             Kingdoms
             :
             And
             how
             far
             a
             Man
             may
             lawfully
             conform
             to
             the
             Powers
             and
             Commands
             of
             those
             ,
             who
             with
             Various
             Successes
             hold
             Kingdoms
             .
             Whether
             it
             be
             Lawful
             ▪
          
           I.
           
             In
             Paying
          
           Taxes
           .
           II.
           
             In
             Personal
          
           Service
           .
           III.
           
             In
             Taking
          
           Oaths
           .
           IV.
           
             In
             giving
             himself
             up
             to
             a
             final
          
           Allegiance
           .
           
             As
             also
             ,
             Whether
             the
             Nature
             of
             War
             be
             Inconsistent
             with
             the
             Nature
             of
             the
             Christian
             Religion
             .
          
           Sold
           by
           
             Rich.
             Ianeway
          
           ,
           in
           
             Queen's-Head
             Court
          
           in
           Pater-Noster-Row
           .
        
         
           
             Ioannis
             Georgii
             Graevii
          
           Oratio
           de
           Auspicatissima
           Expeditione
           Britannica
           .
           Cum
           Potentissimus
           &
           Invictissimus
           Guilielmus
           Arausionensis
           Princeps
           ,
           
             Angliae
             ,
             Galliae
          
           &
           Hiberniae
           Rex
           inauguraretur
           ,
           Die
           xi
           Aprilis
           ,
           Auctoritate
           Praepotentium
           &
           Illustrium
           Ordinum
           Trajectinae
           Dioeceseos
           ,
           Habita
           1689.
           
           Impensis
           
             D.
             Newman
          
           ,
           ad
           
             Insignia
             Regalia
          
           in
           Vico
           vulgo
           vocato
           
             the
             Poultry
          
           .