The late proceedings and votes of the Parliament of Scotland contained in an address delivered to the King / signed by the plurality of the members thereof, stated and vindicated.
         Ferguson, Robert, d. 1714.
      
       
         
           1689
        
      
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         Wing F747
         ESTC R36438
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             The late proceedings and votes of the Parliament of Scotland contained in an address delivered to the King / signed by the plurality of the members thereof, stated and vindicated.
             Ferguson, Robert, d. 1714.
          
           63 [i.e. 53] p.
           
             Printed by Andrew Hepburn,
             Glasgow :
             1689.
          
           
             The difference between F746 and F747 is that on the t.p. of F747 the word "Parliament" is spelled "Parliamemt".
             Contains errors in pagination.
             Imperfect: print show-through with loss of print.
             Reproduction of original in the Huntington Library and Harvard University Library.
          
        
      
    
     
       
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         eng
      
       
         
           Scotland. -- Parliament.
           Scotland -- Politics and government -- 1689-1745.
        
      
    
     
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           THE
           LATE
           PROCEEDINGS
           AND
           VOTES
           OF
           THE
           PARLIAMEMT
           of
           SCOTLAND
           ;
           Contained
           in
           an
           ADDRESS
           Delivered
           to
           the
           KING
           ,
           Signed
           by
           the
           Plurality
           of
           the
           Members
           thereof
           ,
           Stated
           and
           Uindicated
           .
        
         
           
             Scilicet
             res
             ipsa
             aspira
             est
             ,
             at
             vos
             non
             timetis
             ;
             sed
             inertia
             &
             mollitia
             animi
             ,
             alius
             alium
             expectantes
             cunctamini
             ;
             videlicet
             diis
             immortalibus
             confisi
             ,
             qui
             hanc
             rempubl
             .
             in
             maximis
             saepe
             periculis
             servavere
             .
             At
             non
             votis
             neque
             suppliciis
             muliebribus
             auxilia
             deorum
             parantur
             ,
             Vigilando
             ,
             agendo
             ,
             bene
             consulendo
             ,
             prospere
             omnia
             cedunt
             :
             ubi
             socordiae
             tete
             atque
             ignaviae
             tradideris
             ,
             nequicquam
             deos
             implores
             ;
             irati
             infestique
             sunt
             .
          
           
             Cato
             apud
             Salust
             .
          
        
         
           GLASGOW
           ,
           Printed
           by
           
             Andrew
             Hepburn
             ,
             Anno
             Dom.
          
           1689.
           
        
      
    
     
       
         
         
         
           THE
           LATE
           Proceedings
           and
           VOTES
           OF
           THE
           PARLIAMENT
           OF
           SCOTLAND
           ,
           &c.
           
        
         
           TO
           remain
           silent
           under
           the
           Aspersions
           which
           some
           busy
           ,
           but
           either
           weak
           or
           ill
           Men
           ,
           are
           endeavouring
           to
           fasten
           ,
           not
           only
           upon
           the
           Proceedings
           ,
           but
           upon
           divers
           of
           the
           most
           Honourable
           and
           Loyal
           Members
           of
           Parliament
           ,
           were
           to
           be
           no
           less
           treacherous
           to
           his
           Majesty
           ,
           than
           careless
           of
           the
           Reputation
           of
           that
           whole
           Illustrious
           Body
           ;
           as
           well
           as
           of
           the
           Integrity
           of
           those
           Persons
           who
           are
           said
           to
           have
           so
           much
           influenced
           the
           Transactions
           of
           it
           ;
           and
           whose
           chief
           Crime
           (
           with
           those
           that
           Malign
           and
           Traduce
           them
           )
           is
           their
           having
           expressed
           so
           much
           Affection
           and
           Zeal
           for
           His
           Majesty's
           Person
           and
           Service
           :
           And
           as
           the
           representing
           their
           Actions
           in
           a
           true
           Light
           ,
           is
           all
           that
           is
           needful
           ,
           both
           to
           justify
           and
           commend
           them
           ;
           so
           whosoever
           will
           be
           at
           the
           pains
           to
           examine
           them
           ,
           will
           find
           them
           adjusted
           to
           all
           the
           Rules
           of
           Law
           ,
           Religion
           ,
           and
           Policy
           .
           And
           as
           it
           is
           not
           to
           be
           doubted
           ,
           but
           that
           whensoever
           the
           Parliament
           Assembles
           ,
           
           they
           will
           both
           vindicate
           their
           Proceedings
           ,
           in
           Customary
           and
           Legal
           Methods
           ,
           and
           exert
           that
           Authority
           which
           is
           essential
           to
           them
           ,
           over
           those
           of
           their
           own
           Members
           ,
           by
           whom
           they
           have
           been
           slandered
           ;
           so
           all
           that
           is
           now
           to
           be
           endeavoured
           in
           their
           behalf
           ,
           is
           to
           vouchsafe
           unto
           the
           English
           Nation
           (
           to
           whom
           they
           have
           been
           misrepresented
           )
           such
           a
           brief
           Account
           of
           their
           Transactions
           ,
           with
           the
           Occasions
           ,
           Reasons
           ,
           and
           Motives
           of
           them
           ;
           as
           may
           not
           only
           manifest
           the
           Wisdom
           and
           Loyalty
           of
           that
           Parliament
           ,
           but
           demonstrate
           beyond
           all
           contradiction
           ,
           that
           the
           only
           design
           they
           have
           been
           pursuing
           ,
           was
           to
           preserve
           and
           maintain
           His
           Majesties
           Honour
           ,
           secure
           and
           establish
           him
           an
           Interest
           in
           the
           Love
           and
           Hearts
           of
           his
           People
           ,
           and
           make
           His
           Throne
           firm
           and
           durable
           .
        
         
           It
           is
           too
           evident
           ,
           either
           to
           be
           denied
           or
           Apologized
           for
           ,
           that
           all
           the
           Laws
           ,
           Priviledges
           ,
           and
           Rights
           of
           the
           Kingdom
           of
           Scotland
           ,
           have
           under
           the
           Late
           Reigns
           ,
           been
           not
           only
           Usurped
           upon
           and
           Invaded
           ,
           but
           Subverted
           and
           Overthrown
           .
           For
           by
           gradual
           Inlargements
           of
           the
           Prerogative
           ,
           beyond
           what
           was
           allowed
           by
           the
           Rules
           of
           the
           Constitution
           ,
           and
           the
           Statutes
           of
           the
           Realm
           ,
           the
           legal
           and
           regular
           Monarchy
           of
           the
           Nation
           ,
           was
           swelled
           into
           an
           Arbitrary
           and
           Despotick
           Power
           .
           So
           that
           all
           the
           Franchises
           and
           Rights
           ,
           which
           by
           Original
           Contracts
           and
           Subsequent
           Laws
           had
           been
           reserved
           unto
           the
           People
           ,
           were
           either
           overthrown
           ,
           or
           enjoyed
           precariously
           .
           And
           we
           are
           compelled
           to
           say
           ,
           that
           the
           Coalition
           of
           Scotland
           with
           England
           ,
           under
           one
           Monarch
           ,
           without
           a
           Union
           between
           the
           Two
           Nations
           into
           one
           Legislative
           Body
           and
           Civil
           Government
           ,
           hath
           given
           great
           advantages
           to
           our
           Late
           Princes
           of
           treating
           us
           with
           a
           Rigour
           and
           Loftiness
           ,
           that
           our
           Ancestors
           were
           not
           accustomed
           unto
           :
           And
           though
           a
           small
           Acquaintance
           with
           the
           Politicks
           might
           have
           instructed
           the
           English
           ,
           that
           whatsoever
           received
           a
           first
           Impression
           amongst
           us
           ,
           would
           sooner
           or
           later
           obtain
           a
           second
           Edition
           amongst
           them
           ;
           yet
           they
           seem'd
           either
           not
           to
           have
           foreseen
           ,
           or
           at
           least
           not
           to
           have
           resented
           it
           ,
           until
           the
           Original
           of
           King
           
           Jame's
           Absolute
           Power
           in
           Scotland
           (
           which
           all
           Men
           were
           bound
           to
           obey
           without
           
           reserve
           )
           was
           copied
           over
           in
           England
           ,
           in
           his
           Claim
           of
           Soveraignty
           ,
           in
           dispensing
           with
           those
           Laws
           ,
           that
           were
           the
           Fence
           about
           their
           Safety
           .
           It
           was
           from
           the
           unconcernedness
           ,
           which
           the
           English
           have
           too
           often
           testified
           ;
           not
           to
           say
           the
           countenance
           they
           have
           given
           ,
           in
           Relation
           to
           the
           Usurpation
           of
           our
           late
           Kings
           over
           the
           Laws
           and
           Liberties
           of
           Scotland
           ,
           that
           those
           Princes
           have
           despised
           the
           Applications
           made
           unto
           them
           ,
           as
           well
           by
           Parliaments
           ,
           as
           by
           the
           Nobility
           and
           Gentry
           ,
           for
           redressing
           ,
           their
           Grievances
           ;
           and
           that
           the
           Nation
           remained
           so
           long
           discouraged
           from
           relieving
           it self
           in
           those
           Methods
           that
           were
           left
           it
           .
           And
           as
           the
           Scots
           did
           for
           many
           Years
           sadly
           feel
           and
           experience
           ,
           into
           what
           Excess
           their
           Kings
           grew
           up
           in
           Usurping
           upon
           their
           Laws
           and
           Liberties
           ;
           from
           a
           hope
           and
           confidence
           of
           being
           justified
           and
           supported
           in
           those
           Invasions
           by
           the
           Strength
           and
           Treasure
           of
           England
           :
           So
           the
           English
           cannot
           be
           altogether
           insensible
           ,
           how
           Charles
           the
           Second
           not
           only
           confronted
           their
           Bill
           of
           Exclusion
           in
           England
           ,
           with
           an
           Act
           in
           Scotland
           for
           the
           Hereditary
           Succession
           of
           his
           Brother
           ,
           but
           what
           large
           Breaches
           he
           was
           encouraged
           to
           make
           upon
           their
           Rights
           and
           Priviledges
           ,
           after
           his
           having
           obtained
           an
           Assistance
           of
           22000
           Men
           ,
           to
           be
           enacted
           and
           granted
           unto
           him
           by
           Law
           in
           Scotland
           ,
           and
           those
           to
           be
           used
           in
           what
           places
           and
           upon
           what
           occasions
           he
           should
           please
           to
           imploy
           them
           .
           Nor
           are
           we
           able
           sufficiently
           to
           express
           our
           Obligations
           to
           His
           Present
           Majesty
           ,
           who
           being
           extremly
           sensible
           ,
           that
           our
           remaining
           disunited
           in
           our
           Governments
           ,
           and
           two
           distinct
           Monarchies
           ,
           though
           link'd
           together
           under
           one
           Monarch
           ,
           hath
           been
           one
           of
           the
           great
           Occasions
           and
           chief
           Sources
           of
           our
           common
           Miseries
           and
           Oppressions
           ;
           and
           being
           desirous
           both
           to
           redeem
           us
           from
           the
           illegal
           Sufferings
           we
           have
           already
           felt
           ,
           and
           to
           obviate
           those
           which
           might
           break
           in
           upon
           us
           under
           future
           Reigns
           ,
           hath
           therefore
           invited
           the
           Nations
           to
           such
           an
           Union
           of
           strength
           ,
           Councils
           and
           Legislative
           Authority
           ,
           as
           may
           render
           them
           a
           Defence
           to
           each
           other
           ;
           and
           not
           Instruments
           and
           Tools
           of
           enslaving
           one
           another
           ,
           and
           a
           mutual
           Prey
           .
           Which
           as
           all
           wise
           and
           good
           Men
           do
           earnestly
           long
           for
           ,
           so
           the
           common
           Interest
           of
           the
           two
           Nations
           obliges
           them
           speedily
           to
           endeavour
           .
        
         
         
           But
           we
           are
           forced
           to
           add
           ,
           that
           besides
           the
           Encouragement
           which
           our
           late
           Princes
           have
           assumed
           unto
           themselves
           ,
           of
           Usurping
           upon
           the
           Rights
           and
           Liberties
           of
           Scotland
           ,
           from
           an
           expectation
           of
           being
           supported
           in
           it
           by
           the
           Power
           and
           Wealth
           of
           England
           ;
           There
           is
           another
           Cause
           ,
           unto
           which
           much
           of
           their
           Invasion
           upon
           the
           
           Scot's
           Priviledges
           is
           to
           be
           ascribed
           ,
           and
           unto
           which
           we
           are
           forced
           to
           resolve
           many
           of
           our
           Miseries
           ,
           as
           the
           Spring
           whence
           they
           have
           flowed
           .
           For
           upon
           the
           Succession
           of
           our
           Kings
           to
           the
           Crown
           of
           England
           ,
           and
           their
           fixing
           their
           Royal
           Abode
           and
           Regal
           Seat
           in
           that
           Kingdom
           ▪
           they
           are
           thereupon
           fallen
           into
           a
           Method
           of
           deriving
           their
           knowledg
           of
           Scotish
           Laws
           and
           Customs
           ,
           of
           being
           informed
           of
           the
           Grievances
           of
           that
           Nation
           ,
           and
           of
           receiving
           Impressions
           of
           Persons
           and
           Things
           from
           one
           or
           two
           Ministers
           chosen
           to
           reside
           about
           them
           ,
           and
           in
           order
           thereunto
           advanced
           into
           Places
           of
           Honour
           and
           Trust
           ;
           and
           who
           too
           often
           have
           been
           found
           to
           want
           either
           the
           Honesty
           ,
           Wisdom
           ,
           or
           Courage
           requisite
           in
           those
           upon
           whom
           so
           much
           comes
           to
           be
           devolved
           .
           Surely
           the
           World
           hath
           had
           sufficient
           Evidence
           in
           the
           Ministry
           of
           the
           late
           Duke
           Lauderdale
           ,
           what
           Mischiefs
           a
           Person
           in
           his
           Post
           about
           the
           King
           may
           be
           instrumental
           in
           bringing
           upon
           the
           Kingdom
           of
           Scotland
           :
           For
           tho
           he
           was
           endowed
           with
           too
           much
           Wit
           and
           Courage
           ,
           to
           be
           either
           hector'd
           or
           wheedl'd
           ,
           to
           be
           any
           Man's
           Tool
           and
           Property
           ;
           yet
           through
           lack
           of
           Probity
           on
           the
           one
           hand
           ,
           and
           excess
           of
           Ambition
           on
           the
           other
           ,
           he
           was
           easily
           prevail'd
           upon
           to
           become
           an
           Instrument
           of
           ruining
           and
           enslaving
           his
           Country
           .
           What
           may
           Scotland
           then
           dread
           ,
           if
           a
           Person
           should
           be
           honoured
           with
           the
           Character
           and
           Trust
           of
           Secretary
           for
           that
           Kingdom
           ,
           in
           whom
           all
           the
           Qualifications
           for
           so
           considerable
           a
           Station
           ,
           were
           the
           sighing
           decently
           ,
           the
           entertaining
           one
           with
           a
           grave
           Nod
           ,
           or
           if
           you
           please
           ,
           a
           Grimace
           instead
           of
           a
           sold
           Reason
           ;
           the
           making
           those
           whom
           he
           judgeth
           Court-Favourites
           ,
           his
           unerring
           Oracles
           ;
           and
           learning
           the
           Customs
           ,
           Rights
           and
           Laws
           of
           his
           Nation
           ,
           from
           them
           that
           never
           did
           ,
           nor
           were
           obliged
           to
           know
           them
           ;
           the
           recommending
           those
           to
           be
           Privy-Councellors
           to
           the
           King
           ,
           who
           withstood
           his
           being
           so
           ;
           the
           favouring
           
           those
           in
           obtaining
           the
           Office
           of
           prosecuting
           Nocents
           ,
           who
           stand
           accused
           for
           endeavouring
           to
           subborn
           Witnesses
           for
           destroying
           the
           Innocent
           ;
           and
           ,
           as
           an
           Addition
           to
           all
           those
           Accomplishments
           ,
           should
           be
           so
           swallowed
           up
           in
           the
           immoderate
           Love
           of
           the
           World
           ,
           that
           instead
           of
           having
           his
           Thoughts
           exercised
           about
           the
           Service
           ,
           Grandeur
           ,
           and
           Safety
           of
           his
           Master
           ,
           should
           be
           wholly
           imploy'd
           how
           to
           ingross
           the
           considerable
           Places
           of
           the
           Kingdom
           ,
           for
           inriching
           his
           Family
           .
           Into
           what
           Inconveniences
           may
           the
           best
           Prince
           be
           easily
           drawn
           ,
           if
           his
           Secretary
           be
           unable
           to
           advise
           him
           what
           he
           may
           legally
           do
           ,
           and
           what
           he
           may
           not
           ?
           With
           what
           Facility
           is
           a
           weak
           and
           easy
           Person
           in
           that
           Post
           ,
           misled
           by
           an
           English
           Minister
           of
           State
           ,
           who
           has
           a
           mind
           to
           be
           revenged
           upon
           Scotland
           for
           rejecting
           Episcopacy
           ?
           How
           may
           a
           Crafty
           and
           Treacherous
           Courtier
           ,
           that
           hath
           a
           purpose
           to
           play
           an
           after-game
           for
           the
           late
           King
           ,
           influence
           a
           Scots
           Secretary
           ,
           unskilled
           in
           the
           Politicks
           ,
           to
           imbroil
           his
           present
           Majesty
           with
           his
           People
           in
           Scotland
           ;
           and
           all
           for
           this
           ,
           that
           the
           Abdicated
           Monarch
           may
           have
           a
           new
           Throw
           for
           his
           Crowns
           again
           ?
           Suppose
           but
           one
           Person
           in
           Office
           about
           the
           King
           for
           the
           Affairs
           of
           Scotland
           ,
           and
           him
           to
           be
           extreamly
           timerous
           ,
           What
           fatal
           Councils
           ,
           under
           the
           fear
           of
           the
           Whip
           ,
           may
           he
           be
           prevail'd
           upon
           to
           suggest
           and
           give
           ?
           Hence
           it
           is
           evident
           what
           Disadvantages
           those
           of
           that
           Nation
           lie
           under
           ,
           of
           having
           both
           their
           Persons
           and
           Actions
           misrepresented
           ,
           and
           their
           Rights
           and
           Liberties
           undermined
           and
           invaded
           ;
           and
           that
           as
           well
           by
           reason
           of
           the
           King
           's
           residing
           constantly
           at
           so
           great
           a
           distance
           from
           them
           ,
           as
           because
           of
           his
           having
           no
           more
           Counsellors
           usually
           about
           him
           ,
           in
           reference
           to
           their
           Affairs
           ,
           than
           who
           (
           as
           a
           French
           King
           was
           pleased
           to
           express
           it
           )
           may
           all
           ride
           upon
           one
           Horse
           .
        
         
           Now
           as
           it
           was
           the
           Oppression
           and
           Slavery
           under
           which
           we
           had
           been
           brought
           ,
           that
           rendred
           His
           Majesties
           Undertaking
           in
           coming
           into
           these
           Kingdoms
           with
           an
           armed
           Force
           ,
           in
           order
           to
           redeem
           them
           ,
           both
           honourable
           and
           just
           :
           So
           it
           was
           the
           hope
           of
           being
           delivered
           by
           him
           from
           Misery
           and
           Bondage
           ,
           that
           encouraged
           us
           first
           to
           invite
           ,
           and
           then
           to
           co-operate
           with
           him
           in
           the
           Prosecution
           and
           Accomplishment
           of
           his
           glorious
           Design
           .
           It
           was
           the
           Invasions
           upon
           our
           Laws
           that
           we
           complained
           of
           ,
           and
           from
           
           which
           we
           desired
           and
           endeavoured
           to
           be
           relieved
           ;
           nor
           had
           we
           any
           Quarrel
           with
           the
           late
           King's
           Counsellors
           ,
           save
           as
           they
           were
           Advisers
           unto
           ,
           and
           Instruments
           of
           overthrowing
           them
           .
           So
           that
           if
           what
           the
           Parliament
           of
           Scotland
           desires
           to
           have
           redressed
           ,
           be
           not
           something
           wherein
           their
           Laws
           have
           been
           invaded
           ,
           and
           their
           Rights
           violated
           ,
           they
           are
           to
           blame
           for
           insisting
           upon
           it
           as
           a
           Claim
           of
           Right
           ;
           and
           should
           rather
           crave
           it
           as
           an
           Act
           of
           Grace
           ,
           if
           they
           find
           the
           want
           of
           it
           prejudicial
           to
           the
           Nation
           .
           But
           if
           what
           is
           required
           do
           either
           appear
           to
           have
           been
           wrested
           from
           the
           Nation
           ,
           or
           that
           through
           their
           not
           obtaining
           it
           ,
           they
           will
           be
           upon
           all
           occasions
           obnoxious
           to
           be
           oppressed
           and
           inthralled
           ,
           we
           may
           then
           assure
           our selves
           ,
           that
           His
           Majesty
           is
           too
           just
           ,
           as
           well
           as
           good
           ,
           to
           deny
           them
           .
           For
           as
           His
           Majesty
           doth
           generously
           acknowledg
           in
           his
           Declaration
           emitted
           at
           the
           Hague
           ,
           for
           the
           restoring
           of
           the
           Laws
           and
           Liberties
           of
           the
           Kingdom
           of
           Scotland
           ,
           
             That
             they
             who
             are
             concerned
             in
             the
             Laws
             ,
             Liberties
             and
             Customs
             established
             by
             Lawful
             Authority
             in
             a
             Nation
             ,
             are
             indispensibly
             bound
             to
             endeavour
             to
             preserve
             and
             maintain
             the
             said
             Laws
             ,
             Liberties
             ,
             and
             Customs
             ;
             so
             he
             doth
             in
             the
             same
             Declaration
             ,
             sacredly
             promise
             ,
             that
             upon
             being
             prosper'd
             in
             what
             he
             was
             then
             undertaking
             ,
             he
             will
             not
             only
             free
             that
             Kingdom
             from
             all
             hazard
             of
             Popery
             and
             Arbitrary
             Power
             for
             the
             future
             ,
             and
             deliver
             it
             from
             what
             at
             that
             time
             did
             expose
             it
             to
             both
             ,
             but
             settle
             it
             by
             Parliament
             upon
             such
             a
             solid
             Basis
             ,
             as
             to
             its
             Religious
             and
             Civil
             Concers
             ,
             as
             should
             most
             effectually
             redress
             all
             the
             Grievances
             under
             which
             it
             had
             groaned
             .
          
           And
           therefore
           as
           we
           are
           not
           to
           imagine
           ,
           that
           a
           Parliament
           ,
           which
           in
           the
           whole
           course
           of
           its
           Proceedings
           hath
           testified
           so
           much
           Love
           ,
           Loyalty
           and
           Zeal
           for
           His
           Majesty
           ,
           both
           in
           advancing
           Him
           unto
           ,
           and
           maintaining
           Him
           in
           the
           Throne
           ,
           will
           abridg
           and
           lessen
           any
           of
           the
           just
           and
           legal
           Prerogatives
           of
           His
           Crown
           ;
           or
           challenge
           any
           Priviledg
           ,
           Right
           or
           Immunity
           ,
           which
           their
           Ancestors
           have
           not
           been
           possessed
           of
           under
           the
           best
           and
           most
           Glorious
           as
           well
           as
           Ancient
           Reigns
           ;
           so
           it
           were
           unpardonable
           to
           think
           ,
           that
           a
           Prince
           of
           so
           much
           Wisdom
           ,
           Goodness
           ,
           Honour
           ,
           Justice
           and
           Truch
           ,
           as
           His
           Majesty
           is
           known
           to
           be
           ,
           should
           either
           insist
           upon
           the
           detaining
           from
           His
           People
           ,
           
           what
           some
           of
           his
           Predecessors
           have
           by
           Fraud
           and
           Violence
           ravished
           from
           them
           ▪
           or
           should
           so
           far
           depart
           from
           His
           Princely
           and
           Sacred
           Word
           ,
           as
           to
           frustrate
           the
           Expectations
           of
           His
           Leiges
           of
           having
           those
           Grievances
           redressed
           ,
           which
           His
           Parliament
           have
           condescended
           upon
           as
           necessary
           to
           be
           remedied
           .
        
         
           But
           as
           His
           Majesties
           delaying
           to
           gratify
           the
           desires
           of
           His
           People
           ,
           is
           not
           the
           effect
           of
           Choice
           and
           Inclination
           ,
           but
           the
           result
           of
           a
           Force
           put
           upon
           him
           through
           the
           sinistrous
           Representations
           given
           him
           of
           their
           Demands
           ,
           both
           as
           illegal
           ,
           and
           as
           incroachments
           upon
           the
           Royal
           Authority
           :
           So
           we
           do
           not
           wonder
           that
           the
           same
           Person
           should
           misreport
           the
           Actions
           of
           a
           Parliament
           ,
           and
           insinuate
           into
           his
           Master
           unjust
           and
           false
           glosses
           of
           their
           Votes
           ,
           who
           hath
           had
           both
           the
           Impudence
           and
           Treachery
           to
           endeavour
           to
           Possess
           the
           King
           with
           Disloyal
           Characters
           of
           his
           most
           dutiful
           ,
           best
           and
           useful
           Subjects
           .
           And
           seeing
           his
           Capacity
           both
           as
           a
           Lawyer
           ,
           and
           His
           Majesties
           Advocate
           ,
           hath
           not
           served
           to
           instruct
           him
           of
           the
           danger
           ,
           nor
           to
           restrain
           him
           from
           Leasing-making
           (
           which
           is
           Treason
           by
           the
           Law
           of
           Scotland
           )
           it
           is
           to
           be
           hop'd
           that
           the
           Persons
           whom
           he
           hath
           criminally
           slandered
           ,
           will
           have
           the
           courage
           to
           Impeach
           him
           ;
           and
           that
           the
           Parliament
           will
           have
           the
           Justice
           to
           condemn
           him
           to
           the
           Punishment
           that
           the
           Law
           adjudgeth
           him
           unto
           .
           Nor
           can
           it
           be
           matter
           of
           Astonishment
           to
           any
           ,
           to
           find
           a
           Person
           imposing
           upon
           His
           Majesty
           in
           reference
           to
           the
           Laws
           ,
           Rights
           ,
           and
           Castoms
           of
           His
           Country
           ,
           who
           has
           had
           the
           Impudence
           as
           well
           as
           Malice
           ,
           to
           brand
           those
           for
           Republicans
           ,
           by
           whose
           Power
           ,
           Zeal
           ,
           and
           Interest
           ,
           the
           Crown
           came
           to
           be
           conferr'd
           upon
           the
           present
           King.
           But
           they
           must
           be
           Persons
           of
           a
           very
           short
           Prospect
           ,
           who
           do
           not
           perceive
           ,
           that
           they
           who
           are
           endeavouring
           to
           restore
           King
           James
           ,
           account
           it
           expedient
           to
           blast
           those
           in
           his
           present
           Majesties
           Esteem
           ,
           under
           the
           reproachful
           name
           of
           Republicans
           ,
           who
           have
           the
           Loyalty
           and
           Courage
           to
           venture
           their
           whole
           for
           his
           Crown
           and
           Dignity
           ,
           and
           to
           withstand
           those
           ill
           Men
           in
           what
           they
           are
           about
           .
           And
           I
           will
           venture
           to
           say
           it
           freely
           ,
           that
           as
           it
           is
           not
           Names
           ,
           but
           Things
           which
           wise
           Men
           seek
           and
           pursue
           :
           So
           there
           is
           no
           more
           required
           to
           the
           freeing
           both
           Scotland
           and
           England
           
           from
           the
           Common-wealths
           Men
           ,
           and
           from
           all
           Republican
           Principles
           ,
           but
           that
           His
           Majesty
           persevere
           in
           preserving
           unto
           his
           People
           their
           Rights
           and
           Liberties
           ;
           Esteem
           Parliaments
           as
           well
           his
           great
           Council
           in
           Arduous
           Affairs
           ,
           as
           the
           Suppliers
           of
           him
           in
           his
           Necessities
           with
           Mony
           ;
           and
           that
           he
           make
           the
           known
           Laws
           the
           Measure
           and
           Standard
           of
           his
           Government
           .
           While
           on
           the
           contrary
           it
           is
           in
           the
           Power
           of
           ill
           Ministers
           (
           if
           His
           Majesty
           hearken
           unto
           them
           )
           to
           withdraw
           nine
           parts
           of
           ten
           of
           the
           People
           in
           six
           Months
           from
           their
           Love
           of
           Monarchy
           ,
           and
           to
           force
           them
           upon
           wishing
           for
           a
           Common-Wealth
           .
           And
           had
           it
           not
           been
           for
           the
           view
           which
           the
           Nations
           under
           the
           last
           Reign
           had
           of
           their
           Royal
           Highnesses
           the
           Prince
           and
           Princesse
           of
           Orange
           ,
           and
           the
           assurance
           they
           entertained
           of
           enjoying
           their
           Laws
           and
           Priviledges
           ,
           under
           their
           Government
           and
           Authority
           ,
           the
           Methods
           which
           the
           late
           King
           took
           ,
           and
           the
           Counsels
           he
           followed
           ,
           would
           instead
           of
           the
           Translation
           of
           the
           Crown
           to
           Their
           present
           Majesties
           ,
           have
           put
           an
           end
           to
           the
           Monarchy
           .
           Nor
           can
           any
           thing
           so
           affright
           considering
           Persons
           from
           addictedness
           to
           Monarchy
           ,
           as
           the
           leaving
           the
           Nations
           under
           the
           Power
           ,
           Conduct
           and
           Authority
           ,
           of
           those
           very
           Men
           ,
           by
           whose
           Counsels
           and
           Management
           the
           late
           King
           came
           to
           forefault
           His
           Crown
           ;
           seeing
           some
           will
           be
           so
           peremptory
           as
           to
           imagine
           ,
           that
           it
           cannot
           be
           upon
           personal
           liking
           that
           they
           come
           to
           be
           used
           ,
           but
           because
           the
           nature
           of
           the
           Government
           requires
           them
           ,
           or
           at
           least
           Persons
           of
           their
           Principle
           ,
           and
           Political
           Complexions
           .
        
         
           But
           forasmuch
           as
           the
           present
           Embarrass
           of
           His
           Majesty
           with
           his
           Parliament
           of
           Scotland
           is
           wholly
           caused
           by
           the
           Advocate
           's
           abusing
           His
           Majesty
           in
           the
           Account
           he
           hath
           given
           him
           ,
           both
           of
           the
           Rights
           and
           Jurisdictions
           of
           the
           Estates
           in
           Parliament
           Assembled
           ,
           and
           of
           the
           Laws
           and
           Customs
           of
           the
           Kingdom
           ;
           I
           shall
           therefore
           in
           Order
           to
           the
           disparaging
           of
           him
           ,
           with
           all
           the
           Wise
           and
           Loyal
           part
           of
           Mankind
           ,
           and
           the
           debarring
           him
           the
           King's
           Ear
           ,
           and
           attracting
           upon
           him
           the
           Royal
           Indignation
           ;
           Publish
           the
           Principle
           upon
           which
           he
           builds
           all
           the
           Advices
           he
           communicateth
           to
           his
           Master
           ,
           and
           with
           which
           he
           seeks
           ▪
           to
           poyson
           and
           corrupt
           His
           Royal
           Mind
           .
           And
           this
           is
           ,
           That
           the
           King
           hath
           a
           separate
           Interest
           from
           his
           People
           ,
           which
           he
           ought
           
           to
           pursue
           in
           distinction
           from
           theirs
           :
           And
           this
           we
           may
           be
           sure
           he
           doth
           not
           fail
           of
           insinuating
           ,
           either
           immediately
           unto
           his
           Majesty
           ,
           or
           at
           least
           to
           those
           about
           him
           ;
           seeing
           he
           had
           the
           Folly
           ,
           as
           well
           as
           the
           Impudence
           ,
           both
           to
           assert
           and
           to
           seek
           to
           justify
           it
           in
           open
           and
           full
           Parliament
           .
           Now
           whosoever
           gives
           himself
           the
           trouble
           of
           examining
           the
           tendency
           of
           this
           Principle
           ,
           will
           find
           the
           natural
           Consequences
           of
           it
           to
           be
           ,
           That
           the
           Prince
           and
           People
           must
           not
           only
           Live
           in
           a
           constant
           jealousy
           and
           dread
           of
           one
           another
           ;
           but
           must
           always
           be
           imbark'd
           in
           an
           intestine
           War.
           Nor
           is
           it
           to
           be
           avoided
           ,
           unless
           either
           by
           the
           King
           's
           arriving
           at
           the
           height
           of
           Tyranny
           ,
           and
           the
           Peoples
           sinking
           into
           the
           Abyss
           of
           Slavery
           ,
           or
           by
           the
           Subjects
           grasping
           the
           whole
           Power
           and
           Authority
           ,
           and
           leaving
           unto
           the
           King
           an
           empty
           Name
           .
           Yea
           ,
           it
           is
           a
           destroying
           of
           the
           very
           end
           for
           which
           Government
           was
           ordained
           of
           God
           ,
           and
           submitted
           unto
           by
           Men
           ;
           seeing
           that
           was
           nothing
           else
           ,
           but
           that
           the
           whole
           Society
           ,
           comprehending
           Ruler
           and
           Ruled
           ,
           might
           have
           but
           one
           Common
           Political
           Interest
           ;
           for
           the
           Defence
           and
           Security
           whereof
           each
           of
           them
           were
           to
           have
           their
           respective
           Duties
           allo●ted
           unto
           them
           :
           
             Nay
             ,
             the
             very
             Prerogative
             acknowledged
             to
             belong
             unto
             the
             King
             ,
             is
             nothing
             save
             a
             Power
             ▪
             trusted
             with
             him
             ,
             in
             Relation
             to
             some
             Cases
             that
             may
             emerge
             ,
             by
             which
             he
             may
             be
             the
             better
             enabled
             to
             preserve
             the
             safety
             of
             the
             Community
             ,
             and
             to
             provide
             for
             the
             benefit
             of
             the
             Publick
             .
          
           Nor
           could
           Sir
           
             J
             —
             D
             —
             le
          
           take
           a
           more
           effectual
           Course
           to
           supplant
           the
           King
           in
           the
           Hearts
           of
           his
           People
           ,
           and
           to
           possess
           them
           with
           a
           Horror
           of
           ,
           and
           an
           Alienation
           from
           his
           Government
           ,
           than
           by
           his
           Proclaiming
           within
           the
           Parliament
           Walls
           ,
           That
           the
           King
           hath
           a
           separate
           Interest
           from
           that
           of
           his
           People
           ,
           and
           by
           Consequence
           that
           he
           is
           to
           promote
           and
           maintain
           it
           ,
           with
           the
           Neglect
           if
           not
           the
           Ruine
           of
           theirs
           ;
           neither
           is
           there
           any
           thing
           more
           propable
           than
           that
           the
           Advocate
           vented
           it
           in
           Treachery
           to
           his
           Majesty
           ,
           whom
           out
           of
           a
           Love
           to
           the
           late
           King
           ,
           and
           a
           Desire
           to
           have
           him
           restored
           ,
           he
           seeks
           to
           undermine
           and
           betray
           .
           For
           he
           hath
           hereby
           so
           alarm'd
           the
           People
           in
           reference
           to
           His
           Majesties
           Government
           ,
           and
           fill'd
           them
           with
           those
           dismal
           Apprehensions
           of
           what
           they
           are
           to
           expect
           ,
           in
           case
           the
           King
           have
           a
           separate
           Interest
           from
           Theirs
           ,
           that
           it
           
           will
           be
           difficult
           either
           :
           to
           allay
           their
           Fears
           ,
           or
           to
           recover
           them
           to
           an
           intire
           Trust
           in
           his
           Majesties
           Justice
           and
           Goodness
           ,
           without
           removing
           that
           Man
           both
           from
           about
           his
           Majesties
           Person
           ,
           and
           out
           of
           his
           Councils
           ,
           who
           hath
           given
           them
           that
           frightful
           Idea
           of
           his
           ensuing
           Reign
           .
        
         
           However
           from
           this
           of
           the
           Advocate
           ,
           as
           well
           as
           from
           innumerable
           Observations
           to
           be
           made
           from
           the
           present
           Behaviour
           and
           Conduct
           of
           those
           who
           are
           received
           into
           his
           Majesties
           Councils
           and
           Service
           ;
           after
           they
           had
           not
           only
           ministered
           to
           King
           James
           through
           the
           whole
           Course
           of
           his
           Reign
           ,
           but
           co-operated
           with
           him
           in
           most
           ,
           if
           not
           all
           the
           Methods
           of
           his
           Tyranny
           ;
           we
           may
           rationally
           venture
           at
           this
           Reflection
           ,
           (
           to
           wit
           )
           That
           they
           are
           either
           endeavouring
           to
           justify
           the
           former
           Reign
           ,
           by
           seeking
           to
           expose
           and
           disgrace
           this
           ,
           Or
           that
           they
           are
           studying
           to
           cover
           themselves
           from
           what
           they
           are
           obnoxious
           unto
           ,
           for
           their
           Crimes
           under
           the
           last
           Government
           ,
           by
           reacting
           and
           repeating
           the
           same
           under
           the
           Connivance
           and
           Indulgence
           of
           the
           present
           .
        
         
           And
           as
           by
           the
           First
           ,
           they
           evidently
           shake
           his
           Majesties
           Throne
           ;
           so
           by
           the
           Second
           ,
           they
           not
           only
           abuse
           the
           Mercy
           of
           the
           Government
           ,
           but
           despise
           its
           Justice
           :
           By
           the
           Last
           ,
           they
           render
           the
           Government
           Vile
           and
           Cheap
           ;
           and
           by
           the
           former
           they
           pursue
           its
           Subversion
           :
           It
           must
           with
           all
           lay
           a
           great
           Prejudice
           upon
           the
           Opinion
           of
           those
           that
           disswade
           his
           Majesty
           from
           gratifying
           his
           People
           in
           these
           Demands
           ,
           about
           which
           so
           much
           noise
           has
           been
           made
           here
           ,
           as
           well
           as
           there
           ,
           that
           they
           were
           judged
           necessary
           for
           his
           Interest
           as
           well
           as
           the
           Kingdoms
           Safety
           ,
           by
           ,
           in
           a
           manner
           ,
           the
           Unanimous
           Vote
           of
           the
           whole
           Parliament
           ;
           and
           of
           which
           it
           may
           be
           modestly
           said
           ,
           that
           it
           is
           not
           only
           one
           of
           the
           wisest
           ,
           but
           constituted
           of
           the
           most
           considerable
           Persons
           for
           Quality
           ,
           Estate
           ,
           and
           Esteem
           in
           their
           Country
           ,
           that
           ever
           Scotland
           had
           :
           For
           even
           the
           Vote
           about
           the
           Lords
           of
           the
           Session
           ,
           which
           is
           most
           censured
           and
           stumbled
           at
           ,
           pass'd
           the
           whole
           House
           without
           any
           more
           dissenting
           Voices
           than
           barely
           four
           ;
           and
           of
           those
           Sir
           
             J.
             D
             —
             ple
          
           ,
           who
           was
           the
           leading
           Man
           amongst
           them
           ,
           sensibly
           biassed
           by
           the
           Consideration
           ,
           that
           ,
           if
           the
           Vote
           obtained
           ,
           his
           Father
           would
           have
           been
           excluded
           from
           the
           Honourable
           ,
           and
           to
           him
           Beneficial
           Place
           of
           President
           ,
           to
           which
           he
           is
           now
           advanced
           .
           Is
           it
           not
           more
           likely
           that
           these
           few
           should
           
           act
           without
           regard
           to
           the
           King
           and
           Kingdom
           's
           Interest
           ,
           and
           depart
           from
           the
           Laws
           ,
           Rights
           and
           Customs
           of
           the
           Realm
           ,
           th●n
           that
           the
           whole
           Body
           of
           the
           Parliament
           should
           be
           unacquainted
           with
           what
           the
           Constitution
           ,
           as
           well
           as
           the
           common
           Safety
           of
           Prince
           and
           People
           ,
           authorize
           them
           to
           claim
           ?
           And
           that
           they
           should
           exceed
           the
           measures
           of
           Law
           ,
           Justice
           ,
           and
           Equity
           ,
           in
           what
           they
           demand
           ?
           Nor
           was
           the
           Parliament
           under
           the
           Influence
           of
           such
           Motives
           for
           encroaching
           upon
           the
           King's
           Prerogative
           ,
           as
           these
           Gentlemen
           were
           for
           betraying
           both
           the
           Jurisdiction
           of
           Parliament
           ,
           and
           the
           Priviledges
           of
           the
           Nation
           .
           For
           having
           sacrificed
           all
           the
           Laws
           and
           Rights
           of
           the
           Kingdom
           ,
           under
           the
           late
           Reign
           ,
           to
           the
           Lust
           and
           Will
           of
           one
           Arbitrary
           and
           Despotical
           Monarch
           ;
           they
           could
           do
           no
           less
           ,
           both
           by
           the
           Rules
           of
           Policy
           and
           Uniformity
           ,
           than
           endeavour
           to
           vest
           his
           present
           Majesty
           in
           the
           Robberies
           of
           former
           Princes
           ;
           there
           being
           no
           such
           way
           for
           Thieves
           to
           escape
           at
           the
           Bar
           ,
           as
           to
           prevail
           with
           the
           Judg
           to
           receive
           and
           harbour
           their
           stolen
           Goods
           .
           And
           for
           the
           King
           to
           rely
           upon
           being
           informed
           by
           Sir
           
             J.
             D
             —
             pie
          
           ,
           what
           is
           the
           Prerogative
           of
           the
           Crown
           ?
           and
           what
           are
           Rights
           and
           Jurisdictions
           of
           Parliament
           ?
           is
           as
           if
           King
           
           James's
           Attorney-General
           were
           to
           be
           made
           the
           Oracle
           of
           the
           Court
           ,
           in
           reference
           to
           what
           Crimes
           and
           Offences
           Peers
           and
           Gentlemen
           were
           to
           be
           condemned
           and
           executed
           for
           ;
           and
           for
           what
           Failures
           and
           Miscarriages
           Cities
           and
           Corporations
           were
           to
           Forefault
           their
           Charters
           ,
           and
           to
           be
           deprived
           of
           their
           Franchises
           .
           Could
           the
           Parliament
           have
           been
           guilty
           of
           so
           Impudent
           ,
           as
           well
           as
           Criminal
           a
           Thing
           ,
           as
           to
           incroach
           upon
           the
           just
           Prerogatives
           of
           the
           Crown
           ,
           and
           to
           rob
           his
           Majesty
           of
           his
           legal
           Rights
           ,
           it
           would
           have
           been
           more
           for
           their
           Profit
           and
           Interest
           to
           have
           effectuated
           it
           in
           relation
           to
           the
           disposal
           of
           Offices
           of
           state
           ,
           and
           of
           Military
           Commands
           ,
           than
           to
           claim
           meerly
           a
           right
           of
           interposing
           ;
           and
           that
           only
           in
           the
           Case
           of
           a
           total
           Vacancy
           of
           the
           Session
           ,
           about
           the
           approving
           of
           Persons
           nominated
           by
           His
           Majesty
           to
           judicial
           Places
           ▪
           For
           whereas
           the
           former
           would
           look
           like
           the
           putting
           themselves
           into
           a
           condition
           of
           giving
           check
           to
           their
           Prince
           ,
           whenever
           a
           Caprici●
           should
           take
           them
           ,
           and
           they
           should
           fancy
           themselves
           agrieved
           ;
           all
           that
           can
           be
           aimed
           at
           ,
           or
           possibly
           compassed
           by
           the
           latter
           ,
           is
           to
           have
           Justice
           equally
           administred
           according
           to
           the
           known
           Laws
           ,
           which
           is
           no
           less
           his
           Majesties
           Interest
           than
           his
           Duty
           ,
           to
           make
           wise
           and
           careful
           Provision
           for
           .
           
           In
           a
           word
           ,
           it
           would
           seem
           to
           command
           as
           well
           as
           to
           bespeak
           belief
           that
           a
           whole
           Parliament
           ,
           who
           in
           all
           other
           Proceedings
           ,
           have
           acted
           with
           the
           highest
           Prudence
           ,
           Temperance
           and
           Justice
           ;
           and
           where
           there
           are
           so
           many
           Persons
           of
           Vertue
           ,
           Honour
           ,
           Probity
           ,
           and
           Knowledg
           of
           the
           Laws
           and
           Customs
           of
           the
           Nation
           ,
           should
           be
           more
           regardful
           of
           voting
           justly
           ,
           and
           challenging
           nothing
           but
           their
           legal
           Rights
           ,
           than
           that
           only
           four
           Men
           should
           be
           found
           insisting
           upon
           what
           is
           Right
           ;
           and
           they
           ,
           such
           as
           most
           of
           them
           ,
           have
           been
           Tools
           and
           Instruments
           in
           the
           Breaches
           made
           upon
           the
           Rights
           and
           Liberties
           of
           the
           Nation
           .
        
         
           And
           as
           the
           whole
           Blame
           is
           to
           be
           intirely
           lodged
           upon
           a
           few
           Ministers
           about
           his
           Majesty
           ,
           both
           as
           to
           the
           delay
           that
           hath
           been
           given
           to
           redress
           any
           of
           the
           Scots
           Grievances
           ,
           and
           as
           to
           the
           disputing
           of
           the
           Equity
           and
           Justice
           of
           actually
           relieving
           them
           from
           some
           ;
           so
           besides
           the
           Confidence
           that
           all
           Good
           Men
           are
           possessed
           with
           ,
           from
           the
           Consideration
           of
           his
           Majesty's
           Wisdom
           and
           Goodness
           ,
           that
           all
           will
           be
           at
           last
           accommodated
           to
           the
           King's
           Honour
           ,
           and
           the
           Peoples
           universal
           Satisfaction
           ;
           the
           Concessions
           his
           Majesty
           hath
           lately
           granted
           ,
           with
           reference
           to
           the
           Articles
           ,
           even
           against
           the
           Opinion
           of
           his
           Ministers
           ,
           is
           as
           an
           Earnest
           and
           Pledg
           what
           his
           People
           may
           exspect
           in
           reference
           to
           the
           rest
           ,
           if
           it
           can
           be
           made
           appear
           ,
           that
           what
           is
           further
           insisted
           upon
           ,
           and
           humbly
           desired
           of
           him
           ,
           is
           the
           relieving
           of
           his
           Subjects
           ,
           and
           not
           the
           robbing
           of
           himself
           ;
           the
           being
           kind
           to
           his
           People
           ,
           and
           not
           unjust
           to
           the
           Crown
           ;
           and
           the
           exercising
           Mercy
           to
           all
           ,
           without
           being
           cruel
           and
           unrighteous
           to
           any
           .
           So
           that
           we
           are
           become
           obliged
           ,
           in
           point
           of
           Duty
           to
           his
           Majesty
           ,
           before
           whom
           our
           Demands
           and
           Claims
           lie
           ,
           and
           from
           the
           Respect
           we
           owe
           to
           the
           English
           Nation
           ,
           among
           whom
           these
           Matters
           are
           both
           publickly
           discoursed
           ,
           and
           differently
           represented
           and
           censured
           :
           And
           finally
           ,
           by
           the
           Justice
           we
           account
           due
           to
           the
           Parliament
           of
           Scotland
           ,
           whose
           Moderation
           is
           not
           only
           questioned
           by
           reason
           of
           their
           Demands
           ,
           but
           also
           their
           Loyalty
           :
           I
           say
           ,
           we
           are
           become
           obliged
           ,
           by
           all
           these
           Motives
           and
           Inducements
           ,
           to
           enter
           into
           a
           detail
           of
           the
           several
           Particulars
           in
           Controversy
           ,
           between
           some
           of
           his
           Majesty's
           Ministers
           ,
           and
           the
           Parliament
           of
           Scotland
           ;
           and
           not
           only
           to
           state
           with
           what
           distinctness
           we
           are
           able
           ,
           the
           several
           heads
           subjected
           to
           debate
           ,
           but
           to
           give
           all
           that
           support
           &
           enforcement
           from
           
           Reason
           ,
           Law
           and
           Custom
           ,
           to
           the
           Expediency
           ,
           as
           well
           as
           Equity
           of
           them
           ,
           that
           we
           judg
           to
           be
           requisite
           ;
           and
           that
           we
           can
           dispatch
           in
           the
           narrow
           room
           which
           we
           have
           confined
           our selves
           unto
           .
        
         
           In
           pursuance
           of
           which
           undertaking
           ,
           We
           will
           begin
           with
           the
           Vote
           to
           which
           the
           Royal
           Assent
           is
           not
           given
           ;
           that
           referreth
           to
           the
           disabling
           and
           precluding
           Persons
           from
           publick
           Trusts
           and
           Imployments
           .
           And
           this
           we
           the
           rather
           do
           ,
           both
           because
           we
           can
           discharge
           our
           Hands
           the
           soonest
           of
           it
           ,
           and
           because
           it
           is
           the
           most
           censured
           by
           some
           of
           the
           English
           ,
           from
           an
           apprehension
           that
           what
           of
           this
           Nature
           passeth
           into
           an
           Act
           at
           Edinburgh
           ,
           may
           be
           drawn
           into
           President
           at
           Westminster
           .
           But
           that
           every
           one
           may
           judge
           of
           it
           ,
           and
           what
           shall
           be
           offered
           in
           the
           Vindication
           of
           the
           Necessity
           and
           Justice
           thereof
           ,
           I
           shall
           present
           the
           Reader
           with
           a
           Transcript
           of
           the
           Vote
           :
           
             The
             King
             and
             Queens
             Majesties
             considering
             that
             the
             Estates
             of
             this
             Kingdom
             ,
             have
             by
             their
             Vote
             ,
             declared
             their
             Sense
             and
             Opinion
             ,
             That
             such
             as
             have
             in
             the
             former
             Evil
             Government
             been
             grievous
             to
             the
             Nation
             ,
             or
             have
             shewed
             Disaffection
             to
             the
             happy
             Change
             ,
             by
             the
             Blessing
             of
             God
             now
             brought
             about
             ,
             or
             have
             been
             Retarders
             and
             Obstructers
             of
             the
             good
             Designs
             of
             the
             said
             Estates
             in
             their
             Meeting
             ,
             are
             not
             fit
             to
             be
             imploy'd
             in
             the
             Management
             of
             the
             Affairs
             of
             this
             Kingdom
             ;
             Do
             with
             Advice
             and
             Consent
             of
             the
             Estates
             of
             Parliament
             now
             Assembled
             ,
             Statute
             and
             Ordain
             ,
             That
             no
             Person
             of
             whatsomever
             Rank
             or
             Degree
             ,
             who
             in
             the
             former
             Evil
             Government
             have
             been
             grievous
             to
             the
             Nation
             ,
             by
             Acting
             in
             the
             Incroachments
             ,
             mentioned
             in
             the
             Articles
             of
             the
             Claim
             of
             Right
             ,
             which
             are
             declared
             to
             be
             contrary
             to
             Law
             ,
             or
             who
             have
             shewed
             Disaffection
             to
             the
             happy
             Change
             ,
             by
             the
             Blessing
             of
             God
             now
             brought
             about
             ,
             by
             acting
             in
             Opposition
             thereunto
             ,
             since
             the
             time
             that
             the
             King
             and
             Queen
             now
             Reigning
             were
             Proclaimed
             ,
             or
             who
             hath
             been
             a
             Retarder
             or
             Obstructer
             of
             the
             good
             Designs
             of
             the
             said
             Estates
          
           ;
           viz.
           
             The
             securing
             the
             Protestant
             Religion
             ,
             the
             setling
             the
             Crown
             ,
             the
             establishing
             the
             Rights
             of
             the
             Leiges
             ,
             and
             the
             redressing
             their
             Grievances
             ,
             by
             Acting
             contrary
             to
             these
             good
             Designs
             ,
             since
             the
             time
             that
             they
             
             became
             publick
             by
             Votes
             ,
             and
             Acts
             of
             the
             Meeting
             ,
             be
             allowed
             to
             possess
             ,
             or
             be
             admitted
             into
             any
             Publick
             Trust
             ,
             Place
             ,
             or
             Imployment
             ,
             under
             Their
             Majesties
             in
             this
             Kingdom
             .
          
        
         
           I
           suppose
           the
           Reader
           by
           this
           time
           surprized
           at
           the
           unreasonableness
           of
           the
           Age
           we
           live
           in
           ,
           that
           there
           should
           be
           Men
           found
           so
           void
           of
           Sense
           and
           Understanding
           ,
           as
           to
           spy
           out
           any
           thing
           here
           ,
           that
           deserves
           to
           be
           clamour'd
           against
           ,
           or
           which
           is
           worthy
           to
           be
           complain'd
           of
           :
           Every
           Line
           breathes
           of
           that
           Lenity
           and
           Moderation
           ,
           that
           it
           savours
           rather
           of
           a
           defect
           of
           Justice
           ,
           than
           of
           any
           excess
           of
           it
           ;
           and
           the
           utmost
           hereby
           designed
           ,
           is
           only
           a
           disabling
           a
           few
           wicked
           Men
           from
           ruining
           us
           for
           the
           future
           ,
           and
           not
           a
           punishing
           of
           them
           for
           what
           they
           have
           done
           ;
           for
           as
           there
           are
           none
           excepted
           as
           to
           Life
           ,
           so
           the
           few
           designed
           to
           be
           debarred
           from
           Offices
           ,
           are
           described
           and
           charactered
           after
           such
           a
           manner
           ,
           that
           the
           very
           employing
           them
           will
           Dishonour
           His
           Majesty
           ,
           and
           Disgrace
           his
           Government
           .
           There
           is
           no
           abridging
           His
           Majesties
           Mercy
           ,
           only
           an
           endeavour
           to
           maintain
           the
           Justice
           of
           his
           Undertaking
           in
           coming
           to
           Deliver
           us
           .
           For
           having
           charged
           the
           late
           King
           's
           Evil
           Counsellors
           ,
           and
           them
           only
           ,
           with
           the
           Crimes
           upon
           which
           he
           grounded
           both
           the
           Righteousness
           and
           the
           Necessity
           of
           his
           Expedition
           :
           Whosoever
           is
           so
           villanous
           as
           to
           advise
           him
           to
           use
           them
           ,
           can
           design
           no
           less
           than
           deriving
           an
           Aspersion
           upon
           his
           Wisdom
           ,
           Justice
           and
           Sincerity
           .
           And
           if
           the
           Nations
           be
           not
           delivered
           from
           those
           against
           whom
           he
           declared
           ,
           how
           shall
           we
           be
           able
           to
           answer
           his
           Enemies
           ,
           who
           accuse
           his
           coming
           hither
           ,
           to
           have
           been
           upon
           another
           Motive
           ?
           For
           what
           his
           Friends
           affirm
           to
           have
           been
           bestowed
           upon
           him
           as
           the
           Reward
           only
           of
           his
           Expedition
           ,
           and
           of
           the
           Deliverance
           he
           wrought
           out
           for
           us
           ;
           his
           Adversaries
           will
           be
           encouraged
           both
           to
           believe
           and
           say
           ,
           was
           the
           Principal
           ,
           if
           not
           sole
           end
           of
           it
           :
           Nor
           is
           it
           meerly
           needful
           in
           order
           to
           the
           Vindication
           of
           His
           Majesties
           glorious
           Undertataking
           in
           coming
           into
           Brittain
           ,
           That
           they
           who
           were
           the
           Instruments
           of
           our
           Slavery
           and
           Oppression
           under
           the
           former
           Government
           ,
           should
           be
           precluded
           from
           all
           share
           of
           
           the
           Administration
           under
           this
           ;
           but
           it
           is
           also
           necessary
           for
           the
           reconciling
           the
           Love
           and
           Obedience
           of
           the
           People
           to
           His
           Majesties
           Person
           and
           Authority
           .
           Courtiers
           may
           fancy
           ,
           that
           if
           one
           be
           able
           ,
           he
           is
           qualified
           ,
           without
           other
           Ingredients
           ,
           to
           be
           a
           Minister
           of
           State
           :
           But
           the
           most
           part
           of
           Mankind
           do
           always
           look
           for
           some
           degrees
           of
           Honesty
           in
           those
           advanced
           into
           the
           chief
           Offices
           in
           the
           Government
           .
           Nor
           will
           People
           easily
           believe
           ,
           that
           they
           who
           betrayed
           their
           Laws
           ,
           Rights
           and
           Priviledges
           ,
           under
           one
           Reign
           ,
           will
           ever
           Administer
           Justice
           equally
           ,
           or
           defend
           them
           in
           their
           Properties
           under
           another
           .
           Men
           may
           have
           present
           ease
           ▪
           but
           they
           will
           be
           always
           in
           fear
           whilst
           they
           remain
           in
           the
           hands
           of
           their
           old
           Oppressors
           .
           It
           is
           impossible
           to
           keep
           up
           in
           the
           minds
           of
           the
           Vulgar
           ,
           honourable
           Thoughts
           of
           King
           
           William's
           Government
           ,
           if
           he
           will
           chuse
           to
           work
           with
           King
           
           James's
           Tools
           .
           Whosoever
           Counsels
           His
           Majesty
           to
           employ
           those
           that
           were
           the
           Instruments
           of
           the
           former
           Tyranny
           ,
           must
           intend
           to
           bring
           him
           under
           a
           Suspicion
           ,
           both
           of
           approving
           that
           ,
           and
           of
           designing
           the
           like
           .
           No
           man
           envieth
           his
           Majesties
           pardoning
           the
           worst
           of
           his
           and
           the
           Kingdoms
           Enemies
           ;
           but
           we
           cannot
           avoid
           pitying
           him
           ,
           and
           bewailing
           our selves
           ,
           that
           he
           is
           persuaded
           to
           use
           them
           ;
           yea
           the
           Royal
           forgiveness
           ought
           to
           confine
           it self
           to
           limits
           ;
           and
           much
           more
           should
           a
           Prince
           set
           Bounds
           to
           himself
           in
           the
           Honours
           and
           Preferments
           which
           he
           is
           pleased
           to
           bestow
           .
           Now
           having
           mentioned
           his
           Majesties
           Grace
           ,
           I
           'll
           venture
           to
           say
           ,
           That
           after
           all
           the
           Mercy
           he
           hath
           exercised
           towards
           his
           own
           and
           his
           Peoples
           Enemies
           ,
           there
           is
           not
           one
           either
           Converted
           to
           his
           Interest
           by
           it
           ,
           or
           that
           reckons
           himself
           obliged
           to
           him
           for
           it
           .
           But
           instead
           of
           attributing
           their
           impunity
           to
           His
           Majesties
           Grace
           ,
           they
           ascribe
           it
           to
           the
           Pusillanimity
           of
           the
           Government
           ;
           and
           in
           the
           room
           of
           being
           brought
           over
           to
           serve
           him
           ,
           they
           are
           emboldened
           to
           go
           on
           in
           their
           Conspiracies
           against
           His
           Person
           and
           Dignity
           .
           Nor
           will
           they
           ever
           account
           themselves
           indebted
           to
           his
           Mercy
           ,
           till
           he
           hath
           made
           some
           of
           them
           the
           Objects
           of
           his
           Justice
           .
           But
           to
           return
           to
           what
           I
           am
           upon
           ;
           should
           not
           such
           an
           easy
           Animadversion
           
           be
           inflicted
           upon
           those
           who
           have
           oppressed
           us
           ,
           as
           the
           being
           shut
           out
           from
           Trusts
           and
           Imploys
           in
           the
           Government
           ,
           We
           should
           both
           tempt
           them
           and
           others
           to
           repeat
           the
           same
           Crimes
           upon
           the
           first
           opportunity
           that
           is
           offer'd
           unto
           them
           .
           Yea
           ,
           if
           instead
           of
           falling
           under
           such
           a
           gentle
           Mortification
           ,
           they
           should
           be
           preferred
           to
           the
           chief
           places
           of
           Honour
           and
           Profit
           in
           the
           Kingdom
           ,
           Villainy
           will
           be
           committed
           in
           order
           to
           Merit
           ;
           and
           Men
           of
           brutal
           and
           Profligate
           Principles
           ,
           will
           seek
           to
           exceed
           in
           Unjustice
           and
           Treachery
           ,
           that
           they
           may
           be
           thought
           to
           excel
           in
           Desert
           .
           And
           though
           through
           the
           Moderation
           ,
           Goodness
           ,
           Wisdom
           and
           Justice
           of
           Their
           Majesties
           ,
           we
           may
           escape
           the
           Consequences
           of
           such
           a
           Method
           during
           Their
           Reign
           ,
           (
           which
           I
           pray
           God
           may
           be
           long
           )
           yet
           Posterity
           will
           lose
           most
           of
           the
           benefit
           of
           this
           Revolution
           ,
           for
           want
           of
           adjudging
           those
           to
           punishment
           ,
           that
           have
           been
           Traytors
           to
           Societies
           ,
           and
           Cannibals
           to
           Mankind
           in
           this
           Age
           ,
           whereby
           to
           deter
           others
           from
           being
           such
           in
           the
           next
           .
           The
           Counsel
           given
           to
           Princes
           by
           the
           Supream
           Sovereign
           by
           whom
           they
           Reign
           ,
           is
           ,
           That
           they
           should
           punish
           exorbitant
           Offenders
           ,
           to
           instruct
           others
           to
           fear
           and
           forbear
           doing
           wickedly
           :
           But
           the
           Advice
           thrust
           upon
           His
           Majesty
           by
           some
           ill
           Men
           about
           him
           ,
           is
           ,
           That
           he
           should
           cherish
           and
           advance
           them
           without
           regard
           to
           the
           effects
           that
           may
           attend
           it
           .
           What
           a
           strange
           Idea
           will
           it
           give
           the
           World
           of
           our
           Government
           ,
           if
           the
           rewards
           of
           Vertue
           be
           made
           the
           recompences
           of
           Crimes
           ?
           And
           how
           shall
           we
           lift
           up
           our
           Faces
           to
           God
           or
           Men
           ,
           if
           the
           Malefactors
           under
           the
           last
           Reign
           ,
           not
           only
           escape
           under
           this
           without
           Chastisements
           ,
           but
           inherit
           the
           Preferments
           and
           Emoluments
           of
           it
           .
           If
           what
           I
           have
           said
           be
           not
           sufficient
           to
           justifie
           both
           the
           expediency
           and
           equity
           of
           the
           forementioned
           Vote
           ,
           I
           hope
           the
           Experience
           the
           King
           hath
           had
           of
           that
           sort
           of
           People
           ,
           since
           he
           received
           them
           into
           his
           particular
           Favour
           ,
           and
           Principal
           Service
           ,
           will
           reconcile
           him
           unto
           a
           better
           Opinion
           of
           it
           ,
           and
           shew
           him
           the
           necessity
           of
           turning
           those
           out
           of
           Office
           whom
           his
           Parliament
           would
           have
           prevented
           his
           taking
           in
           .
           Both
           the
           Nations
           are
           sensible
           
           of
           His
           Majesties
           being
           betray'd
           ,
           both
           in
           his
           Councils
           ,
           and
           in
           his
           Affairs
           ;
           and
           it
           is
           very
           easy
           to
           guess
           by
           whom
           it
           is
           done
           .
           For
           none
           so
           likely
           to
           undermine
           his
           Throne
           ,
           as
           they
           who
           endeavoured
           to
           hinder
           and
           obstruct
           his
           Ascending
           to
           it
           :
           Nor
           can
           any
           Man
           be
           Traytors
           to
           this
           King
           ,
           but
           they
           who
           were
           the
           Instruments
           of
           the
           last
           King's
           Tyranny
           .
           The
           Cobler's
           Auls
           and
           Ends
           are
           unsuitable
           Furniture
           in
           the
           Painter's
           Shop
           .
           Neither
           will
           they
           ever
           serve
           this
           King
           with
           faithfulness
           in
           his
           vindicating
           the
           Kingdoms
           into
           Liberty
           ,
           who
           were
           the
           Sworn
           Vassals
           to
           his
           Predecessors
           Despotical
           Will
           ,
           and
           his
           Tools
           for
           oppressing
           and
           enslaving
           the
           Nations
           .
           Besides
           the
           damage
           they
           have
           brought
           upon
           the
           Nations
           ,
           and
           the
           Treasure
           they
           have
           unprofitably
           wasted
           ,
           They
           have
           been
           the
           Occasion
           of
           losing
           His
           Majesty
           more
           Honour
           in
           one
           Year
           ,
           than
           all
           his
           Foreign
           Campaigns
           ever
           did
           since
           he
           first
           Commanded
           Armies
           ,
           and
           presided
           in
           Councils
           ;
           and
           should
           he
           be
           prevailed
           upon
           by
           the
           Adulation
           and
           Artifice
           of
           any
           about
           him
           to
           trust
           the
           Conduct
           and
           Management
           of
           his
           Affairs
           in
           the
           same
           Hands
           for
           one
           other
           Year
           ,
           it
           may
           be
           easily
           foretold
           ,
           without
           Consulting
           the
           Stars
           ,
           that
           we
           shall
           not
           be
           in
           a
           Condition
           on
           the
           third
           to
           save
           either
           him
           or
           our selves
           .
           And
           as
           we
           have
           no
           distinct
           Interest
           from
           His
           Majesties
           ,
           so
           all
           we
           desire
           is
           ,
           That
           he
           would
           vigorously
           Espouse
           and
           Assert
           his
           own
           ,
           upon
           which
           we
           shall
           both
           believe
           and
           Proclaim
           our selves
           happy
           .
           For
           the
           Vipers
           durst
           not
           hiss
           but
           for
           the
           warmth
           they
           receive
           through
           being
           lodg'd
           in
           his
           Bosom
           .
           But
           to
           conclude
           this
           head
           ;
           I
           am
           extreamly
           mistaken
           ,
           if
           they
           who
           have
           occasioned
           and
           promoted
           the
           Quarrelling
           at
           the
           forementioned
           Vote
           ,
           do
           not
           find
           that
           they
           have
           consulted
           worse
           for
           themselves
           ,
           than
           was
           designed
           or
           intended
           by
           those
           who
           they
           account
           for
           their
           Enemies
           For
           this
           Parliament
           will
           undoubtedly
           at
           their
           next
           Assembling
           ,
           be
           so
           far
           from
           departing
           from
           what
           they
           have
           Voted
           ,
           that
           instead
           of
           acquiescing
           there
           ,
           and
           being
           contented
           with
           the
           having
           the
           betrayers
           of
           their
           Laws
           ,
           the
           Oppressors
           and
           Murderers
           of
           the
           Leiges
           ,
           and
           the
           Obstructors
           of
           the
           King
           and
           Kingdoms
           Establishment
           ,
           
           only
           debarr'd
           and
           excluded
           from
           Places
           of
           Preferments
           ,
           Profit
           and
           Trust
           in
           the
           Government
           ;
           that
           they
           will
           be
           justly
           provoked
           ,
           and
           see
           it
           to
           be
           indispensibly
           necessary
           to
           Impeach
           and
           Proceed
           capitally
           against
           some
           of
           them
           .
           Their
           despising
           as
           well
           as
           refusing
           of
           Lenity
           ,
           will
           derive
           upon
           them
           the
           severities
           their
           Crimes
           at
           first
           deserved
           ,
           but
           which
           that
           Prudent
           ,
           Temperate
           ,
           and
           Indulgent
           Senate
           ,
           were
           will●ng
           to
           have
           mitigated
           by
           exchange
           of
           them
           into
           milder
           .
           And
           as
           we
           are
           fully
           assured
           ,
           that
           so
           wise
           and
           good
           a
           Prince
           as
           His
           Majesty
           ,
           can
           never
           entertain
           either
           mean
           or
           distrustful
           thoughts
           of
           a
           Parliament
           ,
           that
           hath
           given
           him
           so
           many
           and
           eminent
           Testimonies
           of
           their
           Loyalty
           ,
           much
           less
           be
           prevailed
           upon
           to
           Dissolve
           them
           ,
           while
           the
           Nation
           is
           in
           so
           Distressed
           and
           Unsetled
           a
           Condition
           ;
           an
           Armed
           Enemy
           in
           its
           Bowels
           ,
           and
           the
           ferment
           every
           where
           so
           high
           ,
           that
           nothing
           can
           allay
           it
           ,
           but
           their
           being
           continued
           ,
           and
           being
           allowed
           to
           meet
           at
           the
           appointed
           day
           to
           which
           they
           are
           Adjourned
           ;
           so
           we
           are
           no
           less
           assured
           ,
           that
           they
           who
           are
           said
           to
           be
           the
           Zealots
           in
           this
           Parliament
           ,
           and
           to
           have
           the
           chief
           Conduct
           of
           ,
           and
           the
           prevailing
           sway
           in
           all
           Business
           and
           Affairs
           that
           come
           before
           it
           ,
           can
           neither
           miss
           being
           chosen
           into
           ,
           nor
           have
           less
           Interest
           and
           Esteem
           in
           another
           .
           So
           long
           as
           Persons
           of
           Fortune
           ,
           Quality
           ,
           and
           Interest
           ,
           continue
           to
           assert
           the
           Laws
           and
           Rights
           of
           their
           Countrey
           ,
           and
           to
           pursue
           the
           joint
           Interest
           of
           the
           King
           and
           Kingdom
           ;
           the
           Obloquies
           cast
           upon
           them
           by
           such
           as
           dread
           and
           dislike
           their
           Courage
           and
           Integrity
           ,
           will
           only
           increase
           their
           Reputation
           ,
           and
           Oblige
           all
           those
           Senators
           and
           Members
           of
           Parliament
           ,
           that
           are
           honest
           ,
           to
           put
           the
           more
           value
           upon
           them
           .
           But
           to
           Supersede
           all
           fear
           of
           this
           Parliaments
           being
           D●ssolved
           ,
           without
           both
           Assembling
           ,
           and
           Dispatching
           business
           ,
           the
           King
           by
           a
           Law
           ,
           to
           which
           the
           Royal
           Assent
           was
           given
           the
           last
           Session
           ,
           abridged
           himself
           of
           all
           Power
           in
           that
           Matter
           .
           For
           in
           the
           Act
           that
           past
           the
           first
           of
           July
           ,
           whereby
           Prelacy
           and
           the
           Superiority
           of
           any
           Office
           in
           the
           Church
           above
           Presbyters
           ,
           is
           abolished
           ,
           it
           is
           declared
           ,
           
             That
             the
             King
             and
             Queen's
             Majesties
             ,
             with
             the
             Advice
             
             and
             Consent
             of
             the
             Estates
             of
             this
             Parliament
             ,
             will
             settle
             by
             Law
             ,
             that
             Church-Government
             in
             the
             Kingdom
             ,
             which
             is
             most
             agreeable
             to
             the
             Inclinations
             of
             the
             People
             .
          
           So
           that
           whosoever
           shall
           have
           the
           Impudence
           to
           advise
           His
           Majesty
           to
           Dissolve
           this
           Parliament
           ,
           before
           there
           be
           by
           Law
           some
           Government
           erected
           in
           the
           Church
           ,
           Doth
           both
           tempt
           him
           to
           violate
           his
           Faith
           ,
           and
           to
           trample
           upon
           one
           Express
           Statute
           ,
           to
           which
           himself
           hath
           given
           the
           Royal
           Assent
           .
        
         
           The
           next
           contested
           Vote
           that
           we
           are
           to
           Address
           our selves
           unto
           ,
           and
           whereof
           we
           are
           to
           demonstrate
           the
           Legality
           ,
           Reasonableness
           ,
           and
           Necessity
           ,
           is
           that
           which
           relates
           unto
           the
           Privilege
           of
           the
           Estates
           of
           Parliament
           ,
           in
           nominating
           and
           appointing
           Committees
           ,
           of
           which
           I
           do
           here
           subjoin
           an
           Authentick
           Copy
           .
           
             Forasmuch
             as
             the
             meeting
             of
             the
             Estates
             of
             this
             Kingdom
             ,
             did
             by
             their
             Vote
             of
             the
             Eleventh
             of
          
           April
           
             last
             ,
             represent
             among
             other
             Grievances
             ,
             That
             the
             Committee
             of
             Parliament
             called
             the
             Articles
             ,
             is
             a
             great
             Grievance
             to
             the
             Nation
             ,
             and
             that
             there
             ought
             to
             be
             no
             Committees
             of
             Parliament
             ,
             but
             such
             as
             are
             freely
             Chosen
             by
             the
             Estates
             ,
             to
             prepare
             Motions
             and
             Overtures
             that
             are
             first
             Tabled
             in
             the
             House
             :
             Therefore
             Their
             Majesties
             with
             the
             Advice
             and
             Consent
             of
             the
             Estates
             of
             Parliament
             ,
             do
             Enact
             and
             Declare
             ,
             That
             it
             is
             the
             undoubted
             Privilege
             of
             the
             Three
             Estates
             of
             Parliament
             ,
             to
             Nominate
             and
             Appoint
             Committees
             of
             Parliament
             of
             what
             Number
             of
             Members
             they
             please
             ,
             being
             equal
             of
             every
             Estate
             ▪
             and
             Chosen
             by
             the
             respective
             Estates
             ;
             viz.
             the
             Noblemen
             by
             the
             Estate
             of
             the
             Noblemen
             ,
             the
             Barons
             by
             the
             Estate
             of
             the
             Barons
             ;
             and
             the
             Burroughs
             by
             the
             Estate
             of
             the
             Burroughs
             ,
             for
             preparing
             Motions
             and
             Overtures
             that
             are
             first
             made
             in
             the
             House
             ,
             or
             that
             the
             House
             may
             Treat
             ,
             Vote
             ,
             and
             Conclude
             upon
             matters
             brought
             in
             plain
             Parliament
             ,
             without
             remitting
             them
             to
             any
             Committee
             ,
             if
             they
             think
             fit
             :
             Or
             that
             the
             House
             may
             appoint
             Plurality
             of
             Committees
             for
             any
             Motions
             or
             Overtures
             that
             need
             to
             be
             prepared
             or
             digested
             for
             them
             :
             Declaring
             hereby
             ,
             That
             no
             Officers
             of
             State
             are
             to
             be
             Members
             ,
             except
             they
             be
             Chosen
             .
             And
             hereby
             rescinds
             the
             first
             Act
             of
             the
             Third
             Session
             of
             the
             first
             Parliament
             of
             King
          
           Charles
           
             the
             Second
             ,
             and
             all
             other
             Laws
             and
             
             Customs
             ,
             establishing
             the
             manner
             of
             Election
             ,
             and
             Power
             of
             any
             Committees
             of
             Parliament
             ,
             in
             so
             far
             as
             they
             are
             not
             conform
             to
             this
             Act.
          
           So
           sensible
           was
           the
           Meeting
           of
           the
           Estates
           ,
           that
           the
           Committee
           of
           Articles
           was
           according
           to
           late
           Custom
           ,
           Regulation
           ,
           and
           Practice
           ,
           an
           intolerable
           Grievance
           to
           the
           Kingdom
           ,
           and
           a
           high
           Incroachment
           upon
           the
           Liberty
           and
           Jurisdiction
           of
           Parliament
           ;
           that
           before
           the
           disposal
           of
           the
           Crown
           to
           Their
           present
           Majesties
           ,
           they
           made
           their
           being
           relieved
           from
           it
           ,
           one
           of
           the
           Stipulations
           ,
           and
           an
           Article
           of
           Contract
           ,
           upon
           which
           Their
           Majesties
           had
           the
           Crown
           conferred
           upon
           them
           ,
           and
           upon
           which
           the
           People
           agreed
           to
           yield
           them
           Obedience
           and
           Subjection
           .
           For
           among
           several
           things
           which
           they
           covenanted
           as
           well
           as
           provided
           ,
           for
           the
           redressing
           of
           ,
           when
           in
           the
           Name
           both
           of
           themselves
           ,
           and
           of
           the
           whole
           People
           of
           Scotland
           ,
           whom
           they
           represented
           ,
           they
           yielded
           up
           ,
           and
           conveyed
           over
           the
           Crown
           of
           that
           Kingdom
           to
           William
           and
           Mary
           :
           This
           was
           the
           first
           Grievance
           that
           they
           mentioned
           ,
           and
           made
           it
           a
           matter
           of
           Bargain
           and
           Compact
           ,
           as
           well
           as
           of
           Petition
           and
           Desire
           to
           be
           eased
           from
           it
           .
           The
           words
           that
           were
           proposed
           and
           read
           to
           Their
           Majesties
           in
           the
           Banqueting-House
           ,
           upon
           that
           Solemn
           Occasion
           of
           presenting
           Them
           with
           the
           Instrument
           of
           Government
           ,
           are
           as
           followeth
           .
           
             The
             Estates
             of
             the
             Kingdom
             of
          
           Scotland
           
             do
             represent
             ,
             That
             the
             Committee
             of
             Parliament
             ,
             called
             the
             Articles
             ,
             is
             a
             great
             Grievance
             to
             the
             Nation
             ,
             and
             that
             there
             ought
             to
             be
             no
             Committees
             of
             Parliament
             ,
             but
             such
             as
             are
             freely
             chosen
             by
             the
             Estates
             to
             prepare
             Motions
             and
             Overtures
             that
             are
             first
             made
             in
             the
             House
             .
          
           What
           ill
           Men
           must
           they
           now
           be
           ,
           that
           durst
           advise
           a
           Prince
           of
           that
           Honour
           ,
           Veracity
           ,
           and
           inviolable
           Faith
           ,
           as
           His
           Majesty
           is
           universally
           known
           and
           acknowledged
           to
           be
           ,
           to
           delay
           or
           clog
           the
           satisfying
           of
           His
           People
           in
           the
           foregoing
           particular
           :
           Seeing
           the
           meer
           procrastinating
           and
           adjourning
           the
           giving
           them
           contentment
           in
           it
           ,
           hath
           a
           visible
           and
           natural
           tendency
           ,
           if
           possible
           ,
           to
           the
           weakning
           their
           Faith
           and
           Confidence
           both
           in
           his
           Truth
           and
           Goodness
           .
           It
           would
           appear
           ,
           that
           some
           have
           a
           mind
           to
           make
           their
           Master
           seem
           faithless
           ,
           
           to
           justify
           their
           being
           truly
           such
           themselves·
           Or
           else
           they
           have
           a
           design
           to
           vindicate
           King
           
           James's
           breach
           of
           all
           Stipulations
           and
           Promises
           ,
           by
           persuading
           King
           William
           to
           do
           the
           same
           .
           Or
           ,
           which
           is
           extreme
           likely
           ,
           they
           would
           by
           His
           present
           Majesty's
           departure
           from
           that
           seeming
           Compact
           ,
           upon
           which
           he
           received
           the
           Crown
           ,
           reflect
           folly
           and
           injustice
           upon
           the
           Parliaments
           Deposing
           the
           Late
           King
           ,
           for
           his
           violating
           the
           Original
           Contract
           .
        
         
           But
           that
           we
           may
           discourse
           intelligibly
           of
           that
           Committee
           called
           the
           Articles
           ,
           it
           will
           be
           needful
           to
           give
           some
           brief
           account
           both
           of
           what
           it
           originally
           was
           ,
           and
           what
           by
           degrees
           it
           grew
           up
           ,
           or
           rather
           degenerated
           into
           ,
           till
           it
           became
           at
           last
           an
           insupportable
           Grievance
           to
           the
           Nation
           ,
           and
           rendred
           Parliaments
           either
           wholly
           useless
           ,
           or
           mere
           Instruments
           for
           pursuing
           and
           executing
           the
           King
           's
           Will.
           Now
           by
           what
           appeareth
           either
           from
           our
           History
           ,
           Records
           or
           Statute-Books
           ,
           there
           was
           no
           such
           thing
           anciently
           as
           a
           Committee
           ,
           or
           Lords
           of
           Articles
           ,
           but
           every
           thing
           was
           as
           well
           originally
           moved
           as
           debated
           and
           concluded
           in
           full
           Parliament
           .
           For
           the
           first
           mention
           we
           meet
           with
           in
           our
           Records
           ,
           of
           Lords
           of
           the
           Articles
           ,
           is
           in
           the
           Year
           1466.
           
           Under
           the
           Reign
           of
           King
           James
           the
           Third
           :
           Where
           we
           find
           ,
           that
           upon
           the
           Convention
           of
           the
           Estates
           of
           Parliament
           ,
           they
           not
           only
           chose
           so
           many
           from
           among
           themselves
           ,
           to
           be
           Judges
           in
           Civil
           and
           Criminal
           Causes
           ,
           who
           are
           styled
           
             Domini
             ad
             querelas
          
           ,
           there
           being
           then
           no
           Judicial
           Court
           ,
           save
           what
           the
           Parliament
           constituted
           from
           time
           to
           time
           out
           of
           their
           own
           Body
           :
           But
           that
           they
           also
           elected
           three
           Persons
           for
           the
           Clergy
           ,
           three
           for
           the
           Barons
           ,
           and
           three
           for
           the
           Burgesses
           ,
           to
           consider
           of
           ,
           and
           prepare
           matters
           fit
           and
           needful
           for
           the
           House
           to
           bring
           into
           debate
           ,
           and
           to
           come
           to
           Votes
           and
           Resolutions
           about
           .
           By
           which
           it
           seems
           that
           this
           Committee
           of
           the
           Articles
           had
           no
           auspicious
           beginning
           ,
           having
           its
           rise
           under
           one
           of
           the
           worst
           of
           all
           our
           Kings
           ,
           and
           who
           came
           to
           the
           most
           unhappy
           and
           unfortunate
           end
           :
           However
           there
           appears
           no
           such
           thing
           here
           ,
           as
           that
           the
           Officers
           of
           State
           were
           to
           be
           supernumerary
           to
           those
           chosen
           by
           the
           Parliament
           ;
           or
           that
           the
           King
           ,
           either
           
           by
           himself
           ,
           or
           by
           one
           representing
           him
           ,
           chose
           any
           of
           them
           ;
           but
           it
           is
           evident
           from
           the
           Record
           ,
           that
           they
           were
           wholly
           and
           entirely
           elected
           by
           the
           States
           themselves
           in
           Parliament
           assembled
           .
           And
           though
           the
           being
           an
           Officer
           of
           State
           ,
           was
           never
           esteemed
           a
           ground
           disabling
           and
           incapacitating
           a
           Person
           from
           being
           a
           Member
           of
           the
           Committee
           of
           Articles
           ;
           yet
           upon
           a
           perusal
           of
           the
           Records
           ,
           I
           do
           not
           find
           that
           any
           Officers
           of
           State
           made
           a
           part
           of
           the
           Lords
           of
           the
           Articles
           ,
           until
           the
           year
           1567.
           and
           their
           being
           then
           of
           that
           number
           was
           not
           
             ratione
             Officii
          
           ,
           but
           by
           reason
           of
           the
           Parliament's
           having
           elected
           them
           into
           that
           Station
           .
           For
           whosoever
           consults
           the
           Records
           of
           Parliament
           of
           the
           years
           ,
           1467.
           1475.
           1524.
           1526.
           1528.
           1537.
           1542.
           1543.
           will
           find
           that
           the
           Officers
           of
           State
           were
           so
           far
           from
           being
           supernumerary
           in
           the
           Committees
           of
           the
           Articles
           ,
           that
           they
           were
           not
           so
           much
           as
           elected
           into
           that
           Trust
           ,
           nor
           had
           any
           room
           or
           place
           allowed
           them
           there
           ;
           though
           it
           appears
           by
           the
           Records
           of
           all
           those
           Parliaments
           ,
           that
           there
           were
           Members
           chosen
           by
           ,
           and
           out
           of
           the
           respective
           Estates
           ,
           sometimes
           in
           larger
           ,
           and
           sometimes
           in
           lesser
           numbers
           to
           make
           up
           and
           constitute
           such
           Committees
           .
           Yea
           ,
           I
           cannot
           but
           add
           ,
           That
           our
           not
           meeting
           with
           any
           mention
           of
           the
           Lords
           of
           Articles
           of
           the
           Parliaments
           Assembled
           ,
           and
           held
           1469.
           1471.
           1474.
           1481.
           1483.
           1488.
           1489.
           1491.
           1493.
           1505.
           1515.
           1522.
           1535.
           1540.
           1546.
           1551.
           is
           an
           undoubted
           Evidence
           ,
           that
           the
           having
           Committees
           of
           the
           Articles
           was
           not
           a
           thing
           of
           indispensible
           necessity
           ,
           or
           to
           which
           Parliaments
           were
           legally
           obliged
           ;
           but
           that
           it
           was
           a
           matter
           of
           Arbitrary
           Pleasure
           ,
           and
           that
           they
           were
           chosen
           or
           omitted
           ,
           as
           the
           House
           thought
           to
           be
           most
           useful
           and
           convenient
           for
           the
           management
           and
           dispatch
           of
           their
           Affairs
           .
           And
           though
           it
           cannot
           be
           denied
           ,
           but
           that
           after
           the
           year
           1567.
           some
           of
           the
           Officers
           of
           State
           were
           now
           and
           then
           thought
           worthy
           by
           reason
           of
           their
           moral
           and
           intellectual
           abilities
           to
           be
           chosen
           among
           others
           for
           Lords
           of
           the
           Articles
           ,
           as
           in
           the
           Parliaments
           held
           in
           the
           years
           1581.
           and
           1593.
           yet
           it
           is
           most
           evident
           ,
           that
           they
           were
           not
           elected
           into
           that
           Committee
           by
           virtue
           and
           reason
           of
           their
           Offices
           ,
           much
           less
           sat
           there
           as
           supernumerary
           
           to
           those
           chosen
           by
           the
           Estates
           ;
           forasmuch
           as
           in
           other
           Parliaments
           ,
           particularly
           in
           those
           held
           in
           the
           years
           1587.
           1592.
           and
           1594.
           there
           is
           no
           intelligence
           ,
           report
           or
           remembrance
           of
           them
           ,
           in
           the
           Registers
           and
           Lists
           of
           those
           of
           whom
           the
           forementioned
           Committees
           were
           made
           up
           and
           constituted
           .
           And
           that
           which
           puts
           it
           beyond
           all
           possibility
           of
           being
           controuled
           (
           save
           either
           by
           ignorant
           ,
           or
           by
           impudent
           and
           self-condemned
           Men
           )
           that
           no
           Officers
           of
           State
           had
           right
           anciently
           to
           be
           of
           the
           Committee
           of
           Articles
           ,
           unless
           previously
           chosen
           by
           the
           Estates
           of
           Parliament
           ,
           is
           the
           37.
           
           Act
           of
           Parl.
           11.
           of
           James
           the
           Sixth
           :
           Where
           Provision
           being
           made
           by
           Law
           about
           the
           number
           whereof
           that
           Committee
           should
           be
           constituted
           ;
           It
           is
           ,
           without
           the
           least
           mention
           or
           suggestion
           of
           those
           Officers
           of
           State
           ,
           enacted
           and
           ordained
           ,
           
             that
             the
             number
             of
             the
             Lords
             of
             Articles
             be
             equal
             in
             each
             Estate
             ,
             and
             that
             the
             '
             fewest
             number
             of
             every
             Estate
             be
             Six
             ,
             and
             the
             greatest
             number
             Ten.
          
           Yea
           so
           far
           were
           those
           ,
           styled
           Lords
           of
           Articles
           ,
           from
           having
           originally
           the
           sole
           power
           of
           preparing
           matters
           ,
           and
           of
           bringing
           in
           Motions
           and
           Overtures
           ,
           to
           be
           considered
           and
           debated
           in
           Parliament
           ▪
           exclusive
           of
           other
           Members
           of
           the
           House
           ,
           who
           were
           not
           of
           that
           Committee
           ;
           that
           both
           at
           first
           ,
           and
           for
           a
           long
           tract
           of
           time
           afterwards
           ,
           they
           were
           not
           so
           much
           as
           a
           Committee
           of
           Articles
           of
           ,
           and
           to
           that
           Parliament
           by
           which
           they
           were
           chosen
           ,
           and
           of
           which
           they
           were
           Sitting
           and
           actual
           Members
           ;
           but
           were
           only
           so
           in
           reference
           to
           the
           next
           Parliament
           that
           should
           succeed
           ;
           against
           whose
           meeting
           they
           were
           to
           prepare
           such
           things
           as
           they
           should
           judge
           to
           be
           most
           fit
           and
           expedient
           to
           be
           then
           taken
           into
           consideration
           ;
           but
           still
           with
           a
           right
           as
           well
           as
           with
           a
           liberty
           reserved
           to
           that
           future
           Parliament
           ,
           not
           only
           to
           receive
           or
           reject
           what
           should
           be
           thus
           maturated
           and
           offered
           unto
           them
           ;
           but
           to
           admit
           whatsoever
           Overtures
           they
           pleased
           ,
           that
           should
           be
           made
           unto
           any
           of
           the
           Members
           of
           their
           own
           House
           .
           It
           was
           the
           Ancient
           Custom
           and
           Practice
           of
           Scotland
           ,
           that
           the
           Sitting
           Parliament
           antecedently
           to
           its
           Dissolution
           and
           Separating
           ,
           elected
           so
           many
           from
           among
           themselves
           ,
           who
           were
           in
           the
           interval
           betwixt
           that
           and
           the
           next
           Parliament
           ,
           to
           make
           inquiry
           into
           
           the
           necessities
           of
           the
           Lieges
           ,
           and
           into
           the
           State
           of
           the
           Kingdom
           ;
           and
           accordingly
           to
           draw
           up
           and
           prepare
           such
           Overtures
           ,
           as
           should
           carry
           that
           relief
           and
           remedy
           in
           them
           ,
           which
           might
           give
           a
           redress
           unto
           Grievances
           ,
           be
           a
           mean●
           of
           preserving
           the
           Nation
           in
           safety
           ,
           and
           of
           promoting
           the
           prosperity
           of
           the
           Subjects
           .
           Now
           from
           this
           harmless
           beginning
           of
           the
           Committee
           of
           Articles
           ,
           it
           hath
           ,
           through
           the
           Usurpation
           of
           our
           Kings
           ,
           especially
           after
           their
           Succession
           to
           the
           Crown
           of
           England
           ,
           and
           the
           remove
           of
           their
           Royal
           Abode
           thither
           ,
           and
           through
           the
           officiousness
           of
           publick
           Ministers
           to
           the
           Prince
           ,
           and
           treachery
           to
           their
           Countrey
           ,
           grown
           up
           at
           last
           to
           that
           exorbitancy
           ,
           that
           it
           is
           not
           only
           become
           burthensome
           ,
           but
           intolerable
           .
           For
           by
           reason
           of
           the
           Parliaments
           coming
           at
           last
           to
           commit
           the
           inspection
           into
           all
           Affairs
           ,
           and
           preparing
           all
           remedies
           unto
           Grievances
           ,
           into
           a
           few
           hands
           ,
           and
           those
           to
           be
           unchangeable
           during
           a
           whole
           Session
           ;
           Our
           Late
           Monarchs
           obtained
           such
           a
           handle
           whereby
           they
           might
           incroach
           upon
           the
           Jurisdiction
           of
           Parliaments
           ,
           and
           the
           Liberties
           of
           the
           People
           ,
           that
           they
           soon
           improv'd
           it
           to
           the
           eluding
           of
           all
           the
           good
           that
           the
           Kingdom
           was
           to
           expect
           from
           Parliaments
           ,
           and
           to
           the
           making
           those
           who
           were
           designed
           to
           be
           the
           means
           of
           our
           safety
           ,
           become
           the
           Instruments
           of
           our
           Ruin.
           For
           the
           accomplishment
           whereof
           ,
           and
           the
           more
           effectual
           rendring
           the
           Lords
           of
           Articles
           ,
           Vassals
           unto
           the
           Monarch's
           Will
           ,
           and
           Tools
           for
           executing
           his
           Pleasure
           ,
           they
           first
           prevailed
           to
           have
           the
           Officers
           of
           State
           admitted
           into
           that
           Committee
           as
           Supernumeraries
           ,
           and
           that
           ,
           without
           being
           Nominated
           and
           Elected
           by
           the
           Estates
           in
           Parliament
           ,
           they
           should
           have
           a
           right
           to
           sit
           there
           
             Ratione
             Officii
          
           ,
           by
           vertue
           of
           the
           Imployments
           they
           held
           in
           the
           Government
           .
           For
           King
           James
           the
           Sixth
           ,
           being
           by
           the
           adulation
           of
           the
           English
           Bishops
           ,
           brought
           intirely
           over
           to
           their
           Interest
           ,
           as
           well
           as
           to
           their
           Opinions
           ,
           about
           Church
           Discipline
           and
           Worship
           ,
           and
           having
           a
           mind
           in
           requital
           to
           the
           Church
           of
           Scotland
           ,
           for
           all
           the
           kindness
           they
           had
           expressed
           to
           him
           ,
           both
           in
           his
           Infancy
           and
           riper
           years
           ,
           to
           obtrude
           upon
           them
           the
           English
           Ceremonies
           ,
           he
           did
           in
           order
           to
           the
           more
           easie
           effectuating
           
           of
           it
           ,
           flatter
           ,
           cajole
           ,
           and
           bribe
           ,
           as
           well
           as
           huff
           ,
           and
           awe
           the
           Parliament
           Anno
           1621.
           to
           allow
           the
           Officers
           of
           State
           to
           Sit
           as
           Supernumeraries
           ,
           without
           being
           chosen
           in
           the
           Committee
           of
           Articles
           .
           And
           thus
           he
           forced
           those
           Innovations
           ,
           commonly
           known
           by
           the
           Name
           of
           the
           Five
           Articles
           of
           Perth
           ,
           upon
           the
           poor
           Church
           of
           Scotland
           ,
           having
           by
           those
           Supernumerary
           Officers
           ,
           not
           only
           so
           moulded
           the
           Committee
           of
           Articles
           ,
           as
           to
           pass
           and
           present
           them
           ,
           but
           thereby
           laid
           the
           Foundation
           of
           their
           being
           ordained
           and
           enacted
           in
           the
           House
           .
           And
           to
           make
           the
           Lords
           of
           Articles
           yet
           more
           grievous
           and
           intollerable
           .
           King
           Charles
           the
           First
           ,
           (
           whose
           invasions
           upon
           the
           Rights
           and
           Liberties
           of
           his
           People
           ,
           proved
           Fatal
           both
           to
           him
           and
           them
           )
           overthrew
           the
           Ancient
           Method
           of
           their
           Elections
           ,
           and
           brought
           the
           choice
           of
           them
           into
           such
           a
           Channel
           ,
           as
           could
           issue
           in
           no
           less
           than
           Tyranny
           in
           the
           Soveraign
           ,
           and
           Slavery
           in
           the
           Subjects
           .
           For
           whereas
           by
           Law
           and
           Custom
           ,
           the
           Lords
           were
           to
           choose
           the
           Lords
           ,
           and
           the
           Barons
           to
           choose
           the
           Barons
           ,
           
             &c
             Charles
          
           the
           First
           did
           in
           his
           Parliament
           held
           Anno
           1633.
           when
           he
           was
           in
           the
           heigth
           of
           his
           Greatness
           ,
           change
           and
           innovate
           this
           Method
           ,
           and
           having
           divested
           the
           whole
           respective
           Estates
           ,
           of
           choosing
           severally
           their
           respective
           Commissioners
           he
           assumed
           a
           Power
           to
           himself
           ,
           with
           a
           right
           of
           consigning
           it
           over
           to
           his
           Commissioner
           in
           Parliament
           ,
           for
           chusing
           Eight
           Bishops
           consigning
           to
           the
           said
           Eight
           Bishops
           ,
           a
           Power
           of
           chusing
           Eight
           Noblemen
           ,
           and
           restraining
           to
           the
           said
           Eight
           Noblemen
           ,
           together
           with
           the
           aforesaid
           Eight
           Bishops
           ,
           a
           Power
           of
           choosing
           Eight
           Barons
           ,
           and
           Eight
           Burgesses
           ;
           and
           that
           these
           in
           conjunction
           with
           the
           Officers
           of
           State
           as
           Supernumeraries
           ,
           should
           be
           the
           whole
           and
           sole
           Lords
           of
           Articles
           ,
           exclusive
           of
           all
           others
           .
           Finally
           ,
           to
           render
           that
           Committee
           yet
           more
           insupportable
           ,
           the
           sole
           Right
           as
           well
           as
           Liberty
           of
           bringing
           in
           Motions
           ,
           of
           making
           overtures
           for
           redressing
           Wrongs
           ;
           and
           of
           proposing
           means
           and
           expedients
           ,
           either
           for
           the
           relief
           or
           the
           safety
           and
           benefit
           of
           the
           Subject
           ,
           is
           intirely
           restrained
           unto
           ,
           and
           lodged
           wholly
           in
           this
           Committee
           :
           Neither
           is
           it
           by
           our
           late
           Practice
           lawful
           for
           any
           Member
           or
           Members
           ,
           that
           are
           not
           of
           that
           packt
           
           Club
           and
           Society
           ,
           to
           make
           the
           least
           proposal
           or
           motion
           ,
           either
           for
           the
           repealing
           of
           an
           ill
           Law
           ,
           or
           for
           the
           enacting
           of
           a
           good
           .
           So
           that
           I
           would
           now
           hope
           ,
           that
           the
           meer
           representing
           of
           this
           Committee
           of
           Articles
           ,
           as
           it
           is
           now
           transformed
           and
           degenerated
           from
           what
           it
           formerly
           was
           ,
           is
           enough
           to
           justify
           the
           Vote
           of
           the
           present
           Parliament
           ,
           about
           the
           having
           that
           grievance
           redressed
           ,
           and
           to
           vindicate
           them
           from
           the
           Obloquie
           they
           have
           lain
           under
           ,
           for
           insisting
           upon
           having
           Parliaments
           loosened
           from
           those
           Fetters
           .
           For
           where
           is
           the
           Liberty
           of
           Speech
           ,
           and
           Voting
           ,
           essential
           to
           a
           Legislative
           Body
           ,
           if
           Parliaments
           must
           be
           thus
           muzled
           ?
           How-is
           a
           Kingdom
           eluded
           out
           of
           all
           the
           good
           that
           they
           expect
           from
           any
           Parliament
           ,
           if
           their
           Representatives
           may
           neither
           lay
           open
           their
           Sores
           ,
           nor
           offer
           Plaisters
           in
           order
           to
           their
           Cure
           ?
           How
           miserably
           would
           things
           have
           proceeded
           in
           the
           late
           Meeting
           of
           Estates
           ,
           if
           nothing
           was
           to
           have
           been
           before
           them
           ,
           but
           what
           a
           Committee
           ,
           where
           Eight
           Scotch
           Bishops
           were
           to
           have
           the
           Electing
           of
           Eight
           Noblemen
           ,
           and
           they
           together
           the
           chusing
           of
           the
           rest
           ,
           with
           King
           
           James's
           Officers
           of
           State
           Supernumerary
           ,
           that
           should
           have
           prepared
           Overtures
           for
           that
           Great
           and
           Illustrious
           Assembly
           ?
           I
           dare
           say
           ,
           That
           the
           being
           bound
           up
           to
           such
           a
           Method
           ,
           would
           have
           more
           effectually
           secured
           the
           Throne
           to
           King
           James
           ,
           than
           all
           the
           Swords
           of
           his
           Partizans
           .
           Nor
           can
           Parliaments
           be
           designed
           for
           any
           thing
           ,
           under
           such
           a
           Constitution
           of
           a
           constant
           Committee
           ,
           with
           the
           Officers
           of
           State
           Supernumerary
           ,
           but
           to
           enlarge
           the
           Prerogative
           of
           the
           Crown
           ,
           and
           to
           levy
           Money
           from
           the
           People
           .
           But
           Blessed
           be
           God
           ,
           His
           Majesty
           wants
           not
           Inclination
           to
           deliver
           his
           People
           from
           this
           ,
           and
           from
           all
           other
           Grievances
           ,
           but
           only
           wants
           Persons
           about
           him
           ,
           to
           set
           them
           in
           that
           Light
           that
           he
           may
           discern
           them
           .
           Therefore
           we
           complain
           not
           of
           His
           Majesty
           for
           the
           delaying
           the
           Satisfaction
           that
           his
           People
           waited
           for
           ;
           but
           we
           complain
           of
           those
           ill
           Men
           ,
           who
           told
           him
           ,
           That
           to
           part
           with
           the
           Lords
           of
           the
           Articles
           ,
           was
           to
           throw
           away
           the
           brightest
           Jewel
           of
           his
           Crown
           .
           Whereas
           it
           appears
           from
           what
           hath
           been
           said
           ,
           that
           there
           is
           nothing
           desired
           ,
           whereby
           His
           Majesty's
           Legal
           
           Prerogative
           can
           be
           diminished
           and
           lessened
           ,
           but
           that
           all
           which
           is
           humbly
           craved
           ,
           is
           the
           redeeming
           his
           Parliament
           and
           People
           from
           an
           ignominious
           and
           burthensom
           Yoke
           ;
           and
           their
           being
           reliev'd
           from
           the
           Invasion
           and
           Usurpations
           made
           upon
           their
           Laws
           and
           Customs
           ,
           by
           the
           Craft
           and
           Violence
           of
           some
           of
           their
           Monarchs
           .
           Nay
           ,
           the
           very
           contending
           for
           the
           continuing
           the
           Officers
           of
           State
           as
           Supernumerary
           in
           their
           Committees
           ,
           without
           the
           being
           Elected
           unto
           them
           by
           the
           Estates
           in
           Parliament
           ,
           in
           both
           an
           Aspersion
           upon
           the
           Wisdom
           of
           the
           Parliament
           ,
           as
           if
           they
           knew
           not
           how
           to
           pay
           the
           respect
           and
           deference
           due
           to
           those
           Officers
           ,
           till
           compell'd
           unto
           it
           ;
           and
           a
           Reflection
           upon
           their
           Loyalty
           ,
           as
           if
           no
           Persons
           could
           be
           tender
           or
           regardful
           of
           His
           Majesties
           Interest
           among
           the
           Committees
           of
           Parliament
           ,
           unless
           received
           into
           the
           King's
           immediate
           Service
           ,
           and
           brought
           under
           the
           Influence
           of
           Honours
           and
           Emoluments
           .
           But
           whosoever
           suggests
           this
           unto
           the
           King
           ,
           must
           be
           one
           that
           is
           accustomed
           to
           draw
           other
           Mens
           Pictures
           by
           his
           own
           Original
           ;
           and
           who
           by
           acting
           in
           all
           things
           himself
           as
           a
           Mercenary
           ,
           strives
           to
           represent
           the
           rest
           of
           Mankind
           ,
           as
           equally
           Base
           and
           Villanous
           .
           Nor
           can
           that
           Advice
           insinuated
           into
           His
           Majesty
           ,
           of
           having
           the
           Officers
           of
           State
           Supernumerary
           in
           the
           Committees
           of
           Parliament
           ,
           be
           supported
           by
           any
           reason
           ,
           but
           what
           borders
           upon
           Treason
           ;
           which
           is
           the
           King
           's
           having
           and
           being
           obliged
           to
           pursue
           a
           separate
           interest
           from
           that
           of
           his
           People
           ;
           and
           as
           nothing
           would
           more
           Universally
           lose
           His
           Majesty
           the
           Hearts
           of
           his
           People
           ,
           than
           the
           being
           wrought
           into
           a
           belief
           of
           it
           ;
           so
           whatsoever
           is
           likely
           to
           tempt
           them
           into
           such
           a
           persuasion
           ,
           is
           at
           all
           times
           ,
           but
           especially
           at
           this
           ,
           to
           be
           industriously
           avoided
           by
           the
           King.
           
        
         
           The
           only
           thing
           remaining
           ,
           wherein
           His
           Majesty's
           Parliament
           of
           Scotland
           seems
           to
           be
           misunderstood
           by
           him
           ,
           is
           their
           Vote
           concerning
           the
           Nomination
           of
           the
           ordinary
           Lords
           of
           the
           Session
           ,
           and
           the
           Election
           of
           the
           President
           .
           For
           that
           which
           they
           propose
           ,
           both
           as
           required
           by
           ,
           and
           agreeable
           unto
           their
           Laws
           ,
           and
           as
           necessary
           in
           order
           to
           the
           equal
           Administration
           of
           Justice
           ,
           is
           ,
           That
           
           the
           ordinary
           Lords
           being
           in
           a
           total
           Vacation
           nominated
           by
           the
           King
           ,
           they
           are
           to
           be
           Tryed
           ,
           and
           Admitted
           or
           Rejected
           by
           Parliament
           ;
           and
           that
           in
           a
           particular
           Vacation
           ,
           being
           likewise
           nominated
           by
           the
           King
           ,
           they
           are
           to
           be
           Tryed
           and
           Admitted
           or
           Rejected
           by
           the
           other
           Lords
           of
           Session
           ;
           and
           that
           in
           both
           cases
           the
           President
           be
           chosen
           by
           the
           Lords
           of
           Session
           themselves
           .
           Now
           this
           being
           the
           great
           Matter
           wherein
           His
           Parliament
           is
           represented
           unto
           him
           ,
           as
           endeavouring
           to
           encroach
           upon
           ,
           and
           subvert
           His
           Royal
           Prerogative
           ;
           and
           it
           being
           the
           particular
           ,
           in
           reference
           unto
           which
           he
           hath
           been
           prevailed
           upon
           to
           exert
           an
           Authority
           to
           that
           height
           and
           degree
           ,
           that
           there
           seems
           no
           room
           left
           for
           any
           expedient
           ,
           but
           that
           either
           the
           Parliament
           must
           depart
           from
           their
           Vote
           ,
           or
           that
           His
           Majesty
           would
           be
           pleas'd
           to
           part
           with
           those
           ,
           who
           through
           abusing
           his
           Goodness
           ,
           have
           misled
           him
           into
           an
           exercise
           of
           Royal
           Power
           which
           the
           Laws
           cannot
           justifie
           .
           It
           will
           be
           absolutely
           needful
           ,
           that
           the
           Reader
           ,
           in
           order
           to
           his
           being
           inabled
           to
           form
           a
           Right
           and
           impartial
           Judgment
           of
           this
           perplexed
           and
           intangled
           Affair
           ,
           should
           be
           first
           made
           acquainted
           with
           the
           Vote
           it self
           ,
           as
           well
           as
           afterwards
           be
           informed
           of
           what
           is
           to
           be
           said
           in
           the
           Vindication
           of
           it
           .
           The
           Words
           therefore
           of
           the
           Vote
           are
           as
           followeth
           ;
           
             The
             King
             and
             Queen's
             Majesties
             considering
             ,
             That
             by
             the
             Laws
             of
             the
             Kingdom
             ,
             when
             the
             place
             of
             an
             Ordinary
             Lord
             of
             the
             Session
             doth
             Vacate
             ,
             it
             is
             to
             be
             supplied
             by
             the
             King's
             Nomination
             of
             a
             fit
             and
             qualified
             Person
             for
             the
             said
             Office
             ,
             and
             presenting
             him
             to
             the
             rest
             of
             the
             Lords
             to
             be
             tryed
             ,
             and
             admitted
             or
             rejected
             by
             them
             :
             And
             that
             there
             is
             now
             a
             total
             Vacancy
             of
             the
             Lords
             of
             the
             Session
             ,
             by
             the
             happy
             change
             through
             the
             Blessing
             of
             God
             now
             brought
             about
             ,
             so
             that
             there
             can
             be
             no
             such
             Tryal
             by
             the
             Lords
             ;
             and
             that
             when
             such
             total
             Vacancies
             have
             fallen
             out
             ,
             the
             Lords
             were
             either
             nominated
             by
             King
             and
             Parliament
             jointly
             ;
             or
             if
             they
             were
             nominated
             by
             the
             King
             ,
             the
             nomination
             was
             approved
             ,
             and
             the
             Lords
             so
             nominated
             ,
             were
             admitted
             by
             the
             Parliament
             ;
             Therefore
             Their
             Majesties
             do
             Declare
             ,
             That
             they
             will
             nominate
             fit
             and
             qualified
             Persons
             to
             the
             said
             Offices
             ,
             and
             present
             them
             to
             the
             Parliament
             to
             be
             tried
             and
             admitted
             or
             rejected
             by
             them
             :
             Like
             as
             Their
             Majesties
             with
             the
             
             advice
             and
             consent
             of
             the
             Estates
             in
             Parliament
             ,
             Statute
             and
             Ordain
             ,
             that
             in
             all
             time
             hereafter
             ,
             when
             any
             such
             total
             Vacancy
             shall
             occur
             ,
             the
             nomination
             of
             the
             Lords
             of
             the
             Session
             shall
             be
             by
             the
             King
             or
             Queen
             for
             the
             time
             being
             ;
             and
             in
             case
             of
             their
             minority
             ,
             by
             their
             Regent
             ,
             they
             nominating
             fit
             and
             qualifiad
             Persons
             to
             the
             said
             Offices
             ,
             and
             presenting
             them
             to
             the
             Parliament
             to
             be
             tryed
             ,
             and
             admitted
             or
             rejected
             in
             manner
             aforesaid
             .
             Like
             as
             Their
             Majesties
             with
             the
             advice
             and
             consent
             aforesaid
             ,
             ratify
             and
             approve
             the
          
           93
           
             d
             Act
             of
             the
             Sixth
             Parliament
             of
             King
          
           James
           
             the
             Sixth
             ,
             anent
             the
             admission
             of
             the
             Ordinary
             Lords
             of
             Session
             ,
             and
             Reformation
             of
             certain
             Abuses
             therein
             :
             And
             the
          
           132
           
             d
             Act
             of
             the
             Twelfth
             Parliament
             of
             King
          
           James
           
             the
             Sixth
             anent
             the
             Jurisdiction
             ,
             Presentation
             ,
             Qualities
             and
             Age
             of
             the
             Lords
             of
             the
             Session
             ,
             in
             the
             whole
             Heads
             ,
             Clauses
             and
             Articles
             thereof
             ,
             and
             particularly
             the
             Clause
             contained
             in
             the
             said
             two
             Acts
             ,
             Declaring
             that
             in
             all
             times
             thereafter
             ,
             when
             any
             place
             should
             be
             vacant
             in
             the
             Session
             ,
             that
             His
             Majesty
             should
             nominate
             and
             present
             thereunto
             a
             Man
             fearing
             God
             ,
             of
             good
             Literature
             ,
             Practick
             Judgment
             and
             Vnderstanding
             in
             the
             Laws
             ,
             of
             good
             Fame
             ,
             having
             s●fficient
             Living
             of
             his
             own
             ,
             worth
             Twenty
             Chalders
             of
             Victual
             of
             yearly
             Rent
             ,
             and
             who
             can
             make
             good
             expedition
             and
             dispatch
             in
             matters
             touching
             the
             Lieges
             of
             the
             Realm
             ;
             and
             likewise
             that
             Clause
             contained
             in
             the
          
           93
           
             d
             Act
             of
             the
             Sixth
             Parliament
             of
             King
          
           James
           
             the
             Sixth
             ,
             Declaring
             that
             the
             President
             of
             the
             College
             of
             Justice
             shall
             be
             elected
             by
             the
             whole
             Senate
             thereof
             ,
             being
             a
             Man
             of
             the
             Conditions
             and
             Qualities
             above-written
             ,
             for
             chusing
             and
             electing
             of
             whom
             the
             King's
             Majesty
             and
             Estates
             dispence
             with
             that
             first
             part
             of
             the
             Institution
             of
             the
             College
             of
             Justice
             anent
             the
             Election
             of
             the
             President
             ,
             Declaring
             that
             in
             case
             of
             the
             absence
             of
             the
             Chancellor
             and
             President
             for
             the
             time
             ,
             it
             shall
             be
             lawful
             for
             the
             Lords
             to
             chuse
             and
             elect
             any
             one
             of
             their
             own
             number
             ,
             whom
             they
             think
             qualified
             and
             worthiest
             ,
             who
             shall
             be
             called
             Vice-President
             for
             using
             of
             the
             said
             Office
             ,
             ay
             and
             while
             the
             Return
             of
             the
             said
             Chancellor
             and
             President
             .
             Like
             as
             Their
             Majesties
             ,
             with
             advice
             and
             consent
             aforesaid
             ,
             Statute
             and
             Ordain
             ,
             that
             the
             whole
             Qualifications
             abovementioned
             ,
             be
             duly
             observed
             in
             the
             admission
             of
             the
             Lords
             of
             the
             Session
             ,
             in
             all
             time
             coming
             ,
             and
             that
             as
             well
             in
             the
             case
             of
             a
             total
             ,
             as
             of
             a
             single
             Vacancy
             .
          
           This
           being
           the
           Vote
           so
           declaimed
           against
           ,
           and
           in
           contempt
           whereof
           ,
           and
           in
           opposition
           
           whereunto
           ,
           some
           Persons
           having
           surreptitiously
           and
           fraudulently
           obtained
           Warrant
           ,
           Countenance
           and
           Authority
           from
           the
           King
           ,
           are
           so
           vent'rous
           as
           to
           dare
           to
           act
           :
           We
           shall
           ,
           both
           with
           all
           the
           Loyalty
           and
           Modesty
           that
           becomes
           a
           Subject
           ,
           and
           an
           honest
           Man
           ,
           and
           yet
           with
           that
           freedom
           and
           plainness
           ,
           which
           one
           who
           hath
           no
           other
           design
           ,
           save
           to
           serve
           God
           ,
           his
           King
           ,
           and
           his
           Country
           ,
           with
           uprightness
           and
           integrity
           should
           value
           himself
           upon
           ,
           endeavour
           to
           vindicate
           the
           Wisdom
           ,
           as
           well
           as
           the
           Justice
           of
           the
           Parliament
           in
           the
           forementioned
           Vote
           .
           In
           the
           performing
           whereof
           ,
           with
           all
           that
           exactness
           which
           brevity
           will
           allow
           ,
           I
           shall
           begin
           with
           an
           account
           of
           the
           first
           Administration
           of
           Civil
           Justice
           in
           the
           Kingdom
           of
           Scotland
           that
           we
           meet
           with
           in
           our
           Records
           .
           For
           the
           College
           of
           Justice
           consisting
           of
           those
           called
           the
           Lords
           of
           the
           Session
           ,
           not
           having
           been
           institute
           till
           the
           Reign
           of
           King
           James
           the
           Fifth
           ,
           Anno
           1537.
           
           The
           Administration
           of
           Justice
           was
           before
           that
           time
           ,
           not
           only
           ambulatory
           and
           itinerant
           ,
           but
           was
           discharged
           and
           executed
           by
           such
           Members
           of
           Parliament
           as
           the
           Estates
           of
           the
           Kingdom
           ,
           in
           their
           several
           Sessions
           elected
           from
           among
           themselves
           ,
           and
           authorized
           thereunto
           .
           Nor
           had
           they
           only
           their
           whole
           Authority
           from
           the
           Estates
           in
           Parliament
           ,
           but
           to
           speak
           properly
           ,
           they
           were
           Committees
           of
           Parliament
           Authorized
           to
           such
           a
           Work
           and
           Office
           ,
           and
           accountable
           to
           Parliaments
           for
           the
           discharge
           of
           the
           Trusts
           committed
           unto
           them
           ;
           for
           the
           
             Domini
             electi
             ad
             causas
          
           ,
           whom
           we
           so
           often
           meet
           with
           in
           the
           Records
           of
           Parliament
           ,
           particularly
           in
           those
           of
           the
           Years
           1524.
           1526.
           1528.
           were
           such
           Members
           as
           every
           respective
           Parliament
           elected
           from
           within
           their
           own
           Walls
           ,
           for
           the
           Administration
           of
           Justice
           between
           the
           King
           and
           his
           Lieges
           ,
           and
           between
           one
           Subject
           and
           another
           .
           From
           whence
           it
           appears
           ,
           that
           it
           not
           only
           appertained
           unto
           the
           Parliament
           to
           see
           that
           Justice
           was
           duly
           administred
           ,
           but
           that
           the
           Right
           was
           originally
           in
           them
           of
           nominating
           and
           ordaining
           the
           Administrators
           of
           it
           .
           Which
           makes
           it
           very
           improbable
           ,
           that
           after
           rheir
           having
           been
           possessed
           of
           such
           a
           Right
           ,
           Authority
           and
           Jurisdiction
           for
           so
           long
           time
           ,
           they
           should
           so
           wholly
           part
           from
           ,
           and
           intirely
           surrender
           it
           as
           upon
           no
           Occasion
           or
           Emergency
           whatsoever
           to
           leave
           unto
           themselves
           a
           share
           ,
           or
           reserve
           a
           concern
           in
           it
           .
           Let
           us
           add
           to
           this
           ,
           That
           when
           
           the
           College
           of
           Justice
           came
           to
           be
           instituted
           ,
           Anno
           1●37
           .
           Parl.
           5
           King
           James
           the
           5
           th
           .
           Act
           36.
           though
           it
           was
           Established
           and
           Ordained
           by
           the
           Legislative
           Authority
           of
           the
           King
           and
           Estates
           joyntly
           ,
           and
           not
           by
           an
           exertion
           of
           meer
           Royal
           Prerogative
           ,
           yet
           the
           Estates
           in
           Parliament
           then
           Assembled
           ,
           both
           took
           upon
           them
           ▪
           and
           were
           allowed
           the
           Nomination
           and
           Choice
           of
           the
           President
           ,
           as
           well
           as
           of
           all
           that
           were
           then
           called
           forth
           and
           advanced
           to
           be
           Lords
           of
           the
           Session
           ,
           or
           College
           of
           Justice
           ,
           as
           appears
           by
           the
           39.
           and
           41.
           
           Acts
           of
           the
           aforementioned
           Parliament
           .
           Yea
           it
           is
           further
           evident
           from
           the
           Records
           of
           Parliament
           ,
           that
           the
           Estates
           of
           the
           Kingdom
           did
           often
           in
           succeeding
           Parliaments
           Nominate
           ,
           Choose
           and
           Impower
           ,
           those
           very
           Lords
           that
           were
           actually
           of
           the
           Session
           ,
           to
           continue
           in
           the
           Administration
           of
           Justice
           ,
           which
           sheweth
           beyond
           all
           rational
           contradiction
           ,
           that
           they
           could
           much
           less
           ●nter
           upon
           the
           Office
           at
           first
           without
           their
           being
           Chosen
           and
           Approved
           by
           the
           Estates
           〈◊〉
           ●arliament
           .
           Thus
           Anno
           1542.
           being
           the
           first
           of
           Mary
           ,
           we
           find
           the
           President
           with
           the
           rest
           of
           the
           Lords
           of
           Session
           Chosen
           and
           Impowered
           a
           new
           ,
           as
           
             Auditores
             ad
             causas
          
           ,
           for
           the
           hearing
           and
           deciding
           Civil
           and
           Criminal
           Causes
           .
           And
           again
           we
           find
           the
           Parliament
           of
           the
           Second
           of
           
             Mary
             ,
             Anno
          
           1543.
           not
           only
           ratifying
           by
           the
           Legislative
           Authority
           of
           the
           Queen
           and
           Estates
           ,
           the
           Institution
           of
           the
           College
           of
           Justice
           ,
           but
           we
           find
           the
           Estates
           alone
           nominating
           and
           choosing
           
             ad
             causas
          
           ,
           the
           President
           
             cum
             caeteris
             Dominis
             Sessionis
             &
             Collegii
             Justitiae
             .
          
           But
           forasmuch
           as
           there
           was
           a
           change
           given
           afterwards
           by
           Laws
           to
           this
           Course
           and
           Method
           ,
           and
           a
           new
           Regulation
           ordained
           by
           subsequent
           Statutes
           of
           the
           College
           of
           Justice
           ,
           wherein
           both
           the
           qualifications
           of
           those
           that
           are
           to
           be
           Chosen
           Lords
           of
           the
           Session
           ,
           and
           the
           manner
           of
           their
           Approbation
           are
           required
           and
           appointed
           :
           We
           are
           therefore
           obliged
           in
           the
           next
           place
           to
           look
           into
           those
           Laws
           ,
           and
           to
           examine
           whether
           they
           detract
           from
           the
           Prudence
           ,
           and
           weaken
           the
           Justice
           of
           the
           Parliament
           ,
           in
           their
           fore-mentioned
           Vote
           ;
           or
           whether
           they
           not
           only
           Countenance
           and
           Suppport
           ,
           but
           Justifie
           and
           Vindicate
           them
           .
           And
           We
           'll
           begin
           with
           the
           93
           Act
           6
           Parliament
           James
           6
           ▪
           where
           it
           being
           acknowledged
           ,
           That
           the
           Nomination
           
           of
           the
           Lords
           of
           the
           Session
           belongeth
           unto
           the
           King
           ,
           and
           that
           he
           ought
           to
           name
           such
           as
           have
           the
           Qualifications
           there
           required
           ,
           which
           are
           already
           specified
           in
           the
           aforesaid
           Vote
           ;
           It
           is
           further
           added
           ,
           
             That
             in
             all
             time
             coming
             ,
             when
             an
             ordinary
             Place
             becomes
             vacant
             in
             the
             Session
             ,
             the
             Person
             nominated
             thereunto
             by
             the
             King
             ,
             shall
             be
             sufficiently
             tryed
             and
             examined
             ,
             by
             a
             sufficient
             number
             of
             the
             Ordinary
             Lords
             of
             the
             College
             of
             Justice
             ,
             for
             whom
             it
             shall
             be
             Lawful
             to
             refuse
             the
             Person
             presented
             unto
             them
             ,
             and
             that
             the
             King
             in
             that
             Case
             shall
             present
             another
             ,
             and
             that
             so
             often
             until
             the
             Person
             presented
             be
             found
             qualified
             .
          
           But
           seeing
           this
           Act
           may
           be
           said
           to
           have
           passed
           in
           the
           minority
           of
           King
           James
           ,
           and
           the
           force
           of
           it
           be
           thereupon
           endeavoured
           to
           be
           eluded
           ,
           We
           will
           therefore
           consult
           Act
           134.
           
           Parl.
           12.
           
           James
           6.
           wherein
           ,
           besides
           a
           Repetition
           and
           a
           Confirmation
           of
           all
           that
           is
           mentioned
           and
           ordained
           in
           the
           former
           Act
           ,
           there
           is
           further
           added
           ,
           
             That
             none
             shall
             be
             received
             to
             any
             Place
             of
             Senator
             in
             the
             College
             of
             Justice
             ,
             unless
             he
             be
             sufficiently
             tryed
             by
             the
             whole
             College
             of
             Justice
             .
          
           Now
           as
           those
           are
           the
           Laws
           relating
           unto
           ,
           and
           regulating
           the
           Nomination
           ,
           Examination
           and
           Approbation
           of
           the
           Ordinary
           Lords
           of
           the
           College
           of
           Justice
           ,
           the
           Practice
           hath
           been
           in
           all
           Times
           conformable
           thereunto
           .
           So
           that
           the
           First
           Parliament
           of
           King
           Charles
           the
           Second
           ,
           which
           through
           the
           prevailing
           of
           the
           like
           Folly
           and
           Madness
           in
           Scotland
           ,
           which
           then
           reigned
           in
           England
           ,
           rob'd
           the
           Kingdom
           of
           many
           of
           its
           Rights
           and
           Privileges
           ,
           to
           increase
           and
           inlarge
           the
           Prerogative
           of
           the
           Crown
           ;
           yet
           they
           were
           so
           ●ender
           of
           making
           any
           Innovations
           in
           his
           particular
           ,
           that
           by
           their
           Second
           Act
           of
           that
           Parliament
           they
           Ordain
           ,
           
             The
             Nomination
             of
             the
             Lords
             of
             Session
             to
             remain
             as
             in
             former
             Times
             ,
             preceding
             the
             Year
          
           1637.
           
           And
           accordingly
           we
           find
           ,
           as
           there
           have
           been
           several
           ,
           who
           upon
           single
           Vacancies
           in
           Former
           Reigns
           had
           been
           rejected
           by
           the
           Lords
           of
           the
           College
           of
           Justice
           ,
           though
           nominated
           by
           our
           Kings
           :
           So
           there
           was
           one
           Sir
           
             William
             Ballanden
          
           ,
           whom
           Charles
           the
           Second
           had
           nominated
           and
           recommended
           ,
           who
           upon
           examination
           by
           the
           rest
           of
           the
           Lords
           was
           refused
           and
           rejected
           ,
           as
           a
           Person
           not
           Qualified
           according
           to
           the
           Statutes
           of
           the
           Realm
           .
           Is
           it
           not
           therefore
           unreasonable
           to
           be
           
           imagined
           ,
           That
           the
           King
           ,
           who
           upon
           a
           single
           Vacancy
           cannot
           constitute
           one
           Judg
           ,
           till
           he
           be
           examined
           and
           approved
           ,
           should
           nevertheless
           be
           esteemed
           impowered
           to
           constitute
           the
           whole
           Bench
           of
           the
           College
           of
           Justice
           ,
           without
           a
           previous
           Examination
           and
           Approbation
           ?
           How
           improvident
           were
           our
           Parliaments
           ,
           and
           how
           weak
           and
           ridiculous
           are
           our
           Laws
           ,
           if
           all
           that
           is
           provided
           for
           ,
           be
           only
           the
           restraining
           the
           King
           from
           making
           one
           Judg
           that
           is
           unqualified
           ;
           and
           at
           the
           same
           time
           to
           allow
           him
           a
           Power
           and
           Authority
           of
           making
           Fifteen
           that
           are
           unqualified
           ,
           for
           such
           they
           are
           to
           be
           esteemed
           ,
           till
           they
           have
           been
           tried
           and
           approved
           ?
           There
           can
           be
           nothing
           more
           unquestionable
           ,
           than
           that
           they
           who
           are
           nominated
           by
           the
           King
           to
           be
           Judges
           ,
           ought
           ,
           according
           to
           the
           Laws
           of
           Scotland
           ,
           to
           be
           tried
           and
           approved
           before
           they
           be
           accounted
           or
           authorized
           to
           sit
           and
           act
           ;
           and
           therefore
           ,
           there
           being
           upon
           a
           total
           Vacancy
           ,
           no
           Lords
           of
           the
           College
           of
           Justice
           to
           try
           ,
           examine
           and
           approve
           those
           whom
           the
           King
           hath
           nominated
           and
           recommended
           ,
           it
           would
           seem
           to
           be
           uncontroulable
           by
           all
           Persons
           pretending
           to
           reason
           ,
           and
           acquainted
           with
           our
           Laws
           and
           Customs
           ,
           That
           the
           Right
           of
           examining
           ,
           and
           of
           admitting
           or
           rejecting
           them
           ,
           comes
           to
           be
           devolved
           upon
           the
           Parliament
           ;
           which
           is
           the
           whole
           that
           is
           desired
           in
           the
           forementioned
           Vote
           .
           Nor
           is
           there
           any
           mean
           ,
           but
           that
           they
           either
           must
           ascend
           the
           Bench
           without
           undergoing
           a
           Tryal
           ,
           or
           receiving
           an
           Approbation
           ,
           which
           is
           openly
           to
           Affront
           the
           Laws
           ;
           or
           else
           the
           Power
           and
           Right
           of
           approving
           ,
           and
           of
           accepting
           ,
           or
           rejecting
           ,
           must
           be
           acknowledged
           to
           reside
           in
           the
           Estates
           of
           Parliament
           .
           Nor
           was
           this
           ever
           denied
           them
           in
           the
           Case
           of
           a
           total
           Vacancy
           under
           the
           worst
           of
           the
           foregoing
           Reigns
           .
           Which
           makes
           it
           the
           more
           doleful
           as
           well
           as
           Amazing
           ,
           that
           through
           the
           Subornation
           and
           Crafty
           ,
           but
           false
           insinuations
           of
           Evil
           Men
           ,
           there
           should
           be
           an
           endeavour
           of
           wresting
           it
           from
           them
           under
           the
           Reign
           of
           so
           Gracious
           and
           Temperate
           a
           Prince
           ,
           whom
           they
           with
           so
           much
           Affection
           and
           Zeal
           called
           and
           invited
           to
           the
           Throne
           ;
           not
           only
           in
           gratitude
           for
           his
           having
           delivered
           them
           from
           Popery
           ,
           but
           out
           of
           a
           hope
           and
           prospect
           of
           his
           relieving
           them
           from
           all
           their
           other
           Grievances
           .
           It
           hath
           been
           already
           
           proved
           beyond
           the
           p●ssib●lity
           of
           a
           Reply
           ,
           That
           the
           fi●st
           Institution
           of
           the
           College
           of
           Justice
           ,
           and
           the
           Nomination
           as
           well
           as
           Approbation
           of
           those
           that
           were
           then
           advanced
           to
           be
           Lords
           of
           Session
           ,
           was
           by
           the
           Estates
           Assembled
           in
           Parliament
           .
           And
           I
           do
           now
           fur●her
           affirm
           ,
           That
           in
           the
           two
           total
           Vacancies
           ,
           which
           are
           all
           that
           have
           since
           occurred
           ,
           besides
           this
           that
           hath
           now
           fallen
           out
           upon
           the
           late
           happy
           Revolution
           ,
           the
           Estates
           in
           Parliament
           were
           indisputably
           allowed
           the
           Right
           of
           admitting
           ,
           or
           rejecting
           those
           of
           whom
           the
           College
           of
           Justice
           was
           to
           be
           freshly
           ●onstituted
           ;
           for
           upon
           the
           total
           Vacancy
           in
           the
           year
           1641
           ,
           which
           was
           the
           first
           that
           had
           been
           from
           the
           Institution
           of
           the
           Lords
           of
           the
           Session
           ,
           the
           Parliament
           not
           only
           Challenged
           the
           Approving
           ,
           but
           they
           took
           upon
           them
           the
           joynt
           Nomination
           with
           the
           King
           ,
           of
           all
           the
           Persons
           that
           were
           to
           be
           admitted
           into
           ,
           and
           created
           Members
           of
           the
           College
           of
           Justice
           .
           But
           this
           Example
           and
           P●esident
           ,
           I
           will
           not
           insist
           upon
           ,
           seeing
           there
           was
           something
           unjust
           and
           illegal
           in
           it
           ,
           as
           well
           as
           something
           just
           and
           legal
           .
           For
           not
           being
           satisfied
           with
           the
           Right
           of
           admitting
           ,
           to
           which
           Law
           and
           Reason
           gave
           them
           an
           unquestionable
           Title
           ,
           they
           usurped
           upon
           the
           Crown
           ,
           and
           took
           upon
           them
           the
           Power
           of
           nominating
           ,
           which
           had
           been
           granted
           by
           former
           Laws
           unto
           the
           King.
           Let
           us
           therefore
           see
           what
           was
           done
           upon
           that
           other
           total
           Vacancy
           ,
           which
           occurred
           at
           the
           Restauration
           of
           Charles
           II.
           when
           nothing
           would
           have
           been
           departed
           from
           by
           the
           King
           ,
           that
           he
           could
           have
           with
           held
           without
           the
           highest
           Injustice
           ;
           nor
           any
           thing
           either
           claimed
           or
           accepted
           by
           the
           Parliament
           that
           they
           could
           have
           sacrificed
           or
           surrendred
           without
           becoming
           obnoxious
           to
           eminent
           dangers
           ;
           and
           yet
           even
           then
           the
           King
           having
           nominated
           those
           whom
           he
           designed
           for
           the
           Lords
           of
           Session
           ,
           the
           Approbation
           of
           them
           was
           submitted
           unto
           the
           Parliament
           ;
           and
           the
           Esta●es
           having
           in
           full
           Parliament
           consider'd
           them
           ,
           they
           admitted
           and
           received
           them
           .
           It
           is
           true
           that
           the
           Parliament
           did
           not
           bring
           them
           single
           before
           them
           ,
           and
           there
           Try
           and
           Examine
           them
           ,
           not
           because
           they
           might
           not
           have
           done
           it
           ,
           but
           because
           there
           was
           no
           need
           of
           it
           ,
           being
           all
           of
           
           them
           of
           that
           Eminency
           ,
           as
           to
           be
           Universally
           and
           Notoriously
           known
           to
           have
           all
           the
           Qualifications
           required
           by
           the
           Statutes
           .
           Yea
           though
           that
           Parliament
           was
           abundantly
           officious
           towards
           the
           Crown
           ,
           and
           Loyal
           to
           that
           excess
           to
           the
           King
           ,
           as
           to
           be
           Disloyal
           to
           their
           Countrey
           ▪
           and
           unfaithful
           to
           their
           Constituents
           ;
           Yet
           in
           the
           Second
           Act
           of
           their
           first
           Session
           ,
           by
           which
           they
           restore
           to
           the
           King
           what
           had
           been
           wrested
           from
           him
           in
           the
           Parliament
           164●
           ,
           they
           allow
           him
           no
           more
           in
           reference
           to
           the
           Lords
           of
           the
           College
           of
           Justice
           ,
           but
           the
           right
           of
           nomination
           as
           the
           Crown
           had
           enjoyed
           it
           ,
           preceeding
           the
           Year
           16●7
           .
           But
           I
           hear
           there
           are
           some
           ,
           who
           finding
           His
           Majesty
           unalterably
           resolved
           not
           to
           depart
           from
           the
           known
           and
           just
           Laws
           of
           the
           Land
           in
           the
           Governing
           of
           his
           People
           ,
           have
           therefore
           ,
           to
           elude
           the
           force
           of
           what
           hath
           been
           here
           Represented
           ,
           and
           to
           divert
           His
           Majesty
           from
           hearkning
           to
           the
           humble
           desir●s
           of
           his
           Parliament
           in
           this
           matter
           ,
           been
           guilty
           of
           the
           Treachery
           as
           well
           as
           the
           Impudence
           to
           suggest
           unto
           His
           M●jesty
           ,
           That
           there
           is
           not
           now
           a
           total
           Vacancy
           ,
           there
           being
           of
           the
           fift●en
           nominate
           by
           His
           Majesty
           for
           Lords
           of
           the
           Session
           ,
           three
           that
           were
           antecedently
           such
           ;
           and
           that
           it
           belongeth
           unto
           them
           Three
           to
           try
           and
           approve
           the
           others
           ;
           and
           that
           what
           the
           Parliament
           pretends
           unto
           ,
           being
           only
           in
           the
           Case
           of
           a
           total
           Vacancy
           ,
           is
           here
           wholly
           Superceded
           ;
           and
           that
           for
           any
           to
           insist
           upon
           it
           ,
           is
           an
           incroachment
           upon
           the
           Prerogative
           of
           the
           King
           ,
           and
           a
           robbing
           of
           the
           Lords
           of
           Session
           ,
           of
           a
           Privilege
           vested
           in
           them
           by
           Law.
           Now
           tho
           all
           that
           is
           here
           insinuated
           ,
           be
           rather
           the
           Offering
           an
           Affront
           to
           our
           Understandings
           ,
           than
           the
           Accosting
           us
           with
           a
           reasonable
           Objection
           ;
           yet
           we
           will
           so
           far
           condescend
           to
           the
           weakness
           of
           those
           that
           are
           ignorant
           of
           the
           Laws
           and
           Customs
           of
           Scotland
           ,
           as
           to
           return
           such
           a
           Reply
           unto
           it
           ,
           which
           may
           not
           only
           convince
           all
           Mankind
           of
           the
           im●ertinency
           of
           it
           ,
           but
           expose
           those
           that
           are
           the
           Authors
           of
           it
           ,
           to
           be
           either
           loathed
           as
           ill
           men
           ,
           or
           ridiculed
           as
           silly
           .
           For
           First
           ,
           Supposing
           that
           
             S
             —
             ,
             N
          
           —
           ,
           and
           M
           —
           ,
           who
           are
           all
           that
           can
           be
           referred
           unto
           in
           the
           pretended
           Objection
           ,
           did
           still
           remain
           Lords
           of
           the
           College
           of
           Justice
           ,
           by
           Reason
           of
           their
           having
           formerly
           been
           so
           :
           Yet
           they
           are
           too
           few
           to
           constitute
           a
           Session
           ,
           which
           they
           ought
           to
           be
           ,
           before
           they
           
           take
           upon
           them
           to
           Try
           and
           Approve
           such
           as
           are
           recommended
           unto
           them
           by
           the
           Kings
           nomination
           .
           The
           Quorum
           of
           which
           a
           Session
           ought
           to
           consist
           ,
           before
           it
           can
           Exercise
           any
           Legal
           Authority
           ,
           should
           be
           Nine
           ,
           which
           I
           think
           no
           Arithmetick
           will
           make
           Three
           to
           be
           .
           Nor
           will
           my
           Lord
           S
           —
           ,
           and
           his
           Son
           Sir
           
             J.
             D
          
           —
           ,
           find
           that
           Success
           in
           their
           Attempts
           against
           the
           first
           and
           self-evident
           Principles
           of
           natural
           Sciences
           ,
           and
           of
           the
           Mathematicks
           ,
           that
           they
           have
           had
           in
           Undermining
           and
           Subverting
           the
           Laws
           of
           their
           Countrey
           .
           Secondly
           ,
           for
           any
           Person
           named
           by
           the
           King
           in
           order
           to
           the
           being
           received
           as
           a
           Lord
           of
           the
           Session
           to
           be
           examined
           and
           approved
           by
           Three
           ,
           tho
           granted
           to
           be
           Actual
           and
           Sitting
           Lords
           of
           the
           College
           of
           Justice
           ,
           is
           expresly
           repugnant
           to
           an
           Act
           of
           the
           Session
           it self
           ,
           confirmed
           by
           the
           King's
           Letter
           ,
           An.
           1674.
           
           It
           being
           provided
           by
           that
           Act
           ,
           That
           when
           any
           new
           Lords
           of
           Session
           shall
           be
           presented
           by
           His
           Majesty
           for
           Tryal
           of
           their
           Qualifications
           ,
           that
           they
           shall
           be
           present
           one
           day
           in
           the
           Outer-House
           ,
           where
           they
           are
           to
           inspect
           a
           Process
           that
           shall
           be
           carried
           to
           interloquitor
           ,
           and
           from
           thence
           make
           Report
           of
           all
           the
           Points
           therein
           contained
           ,
           to
           the
           whole
           Lords
           of
           Session
           ;
           and
           then
           for
           compleating
           their
           Tryal
           ,
           shall
           sit
           another
           day
           in
           the
           Inner-House
           ;
           and
           after
           the
           bringing
           the
           dispute
           of
           some
           point
           of
           Law
           to
           a
           Period
           ,
           shall
           give
           their
           Opinion
           about
           it
           in
           presence
           of
           all
           those
           Lords
           of
           which
           that
           House
           doth
           then
           consist
           .
           Now
           as
           this
           Order
           and
           Rule
           is
           appointed
           to
           be
           observed
           constantly
           in
           all
           time
           coming
           ,
           about
           the
           Tryal
           of
           Lords
           nominate
           by
           the
           King
           ,
           and
           to
           be
           admitted
           ,
           and
           hath
           been
           accordingly
           observed
           and
           practised
           ever
           since
           ,
           till
           the
           present
           Vacancy
           ;
           so
           it
           is
           evident
           to
           all
           who
           have
           not
           renounced
           common
           sense
           ,
           that
           the
           Regulation
           ,
           Order
           ,
           and
           Method
           of
           Tryal
           ,
           prescribed
           by
           the
           foregoing
           Act
           ,
           is
           altogether
           impracticable
           ,
           where
           the
           Lords
           that
           are
           to
           be
           the
           Tryers
           ,
           and
           Examinants
           ,
           are
           to
           be
           three
           .
           But
           then
           thirdly
           ,
           It
           is
           the
           most
           absurd
           thing
           imaginable
           to
           fancy
           ,
           That
           because
           Three
           of
           the
           Lords
           now
           nominated
           by
           the
           King
           ,
           were
           heretofore
           Lords
           of
           Session
           ,
           that
           therefore
           there
           hath
           not
           been
           a
           total
           Vacancy
           upon
           this
           late
           and
           happy
           Revolution
           .
           I
           am
           sure
           that
           in
           the
           parallel
           Case
           ,
           Anno
           1661.
           the
           Parliament
           in
           the
           Preface
           unto
           the
           Statute
           ,
           by
           which
           
           they
           admitted
           those
           to
           be
           Lords
           of
           the
           Session
           whom
           the
           King
           had
           then
           named
           ,
           they
           call
           it
           a
           new
           and
           intire
           nomination
           ,
           which
           they
           neither
           could
           nor
           would
           have
           done
           ,
           if
           they
           had
           not
           judged
           the
           Vacancy
           to
           be
           total
           ,
           and
           yet
           three
           of
           the
           Lords
           then
           nominated
           by
           Charles
           the
           Second
           ,
           
             viz.
             H
             —
             C
          
           —
           and
           L
           —
           had
           been
           Lords
           of
           Session
           ,
           and
           had
           sate
           in
           the
           College
           of
           Justice
           before
           that
           nomination
           .
           Fourthly
           ,
           If
           
             S
             —
             N
          
           —
           and
           M
           —
           's
           having
           been
           once
           Lords
           of
           Session
           be
           enough
           to
           hinder
           the
           late
           Vacation
           of
           the
           Session
           from
           being
           total
           ;
           then
           I
           challenge
           all
           the
           World
           to
           tell
           me
           what
           can
           either
           make
           a
           single
           ,
           or
           a
           total
           Vacancy
           ;
           yea
           ,
           if
           those
           Gentlemens
           Places
           were
           not
           voided
           after
           what
           had
           befallen
           them
           ,
           and
           the
           placing
           others
           for
           several
           years
           in
           their
           room
           ,
           I
           do
           much
           question
           whether
           their
           death
           can
           make
           their
           Places
           Vacant
           ,
           and
           whether
           they
           may
           not
           be
           as
           well
           said
           ●o
           remain
           Lords
           of
           the
           Session
           ,
           when
           they
           are
           rotting
           in
           their
           Graves
           ,
           as
           to
           have
           continued
           so
           in
           the
           State
           they
           were
           ,
           before
           HIs
           Majesties
           late
           nomination
           of
           them
           .
           For
           as
           they
           all
           had
           their
           Commissions
           during
           pleasure
           ,
           so
           S
           —
           's
           and
           N
           —
           's
           were
           recalled
           and
           reassumed
           by
           King
           Charles
           ,
           of
           whom
           they
           had
           received
           them
           .
           And
           I
           take
           it
           for
           an
           undoubted
           Maxim
           ,
           that
           he
           who
           hath
           Power
           and
           Authority
           to
           give
           ,
           and
           giveth
           not
           during
           life
           ,
           may
           by
           the
           same
           Authority
           take
           away
           at
           Pleasure
           ,
           what
           he
           hath
           given
           .
           And
           as
           for
           M
           —
           who
           had
           his
           Commission
           from
           King
           James
           ,
           if
           his
           Place
           be
           not
           rendered
           Vacant
           by
           his
           Masters
           having
           forefaulted
           the
           Crown
           ,
           nothing
           will
           or
           can
           render
           it
           so
           .
        
         
           Fifthly
           ,
           If
           these
           Gentlemens
           having
           been
           heretofore
           Lords
           of
           the
           College
           of
           Justice
           ,
           hindreth
           the
           late
           Vacancy
           from
           being
           accounted
           total
           ;
           then
           His
           Majesties
           nominating
           them
           afresh
           ,
           was
           not
           only
           superfluous
           in
           it self
           ,
           but
           an
           injury
           unto
           them
           .
           For
           it
           was
           the
           bringing
           them
           to
           hold
           that
           by
           a
           new
           Title
           ,
           which
           they
           had
           a
           claim
           unto
           ,
           and
           ought
           to
           have
           been
           accounted
           possessed
           of
           by
           an
           ancient
           Right
           .
           Nor
           are
           they
           obliged
           for
           their
           Places
           to
           His
           Majesties
           Grace
           and
           Bounty
           ,
           but
           to
           his
           Justice
           .
           Sixthly
           ,
           The
           
           very
           form
           of
           the
           presentation
           by
           which
           their
           nomination
           is
           signified
           ,
           shews
           that
           the
           Vacancy
           was
           taken
           to
           be
           total
           .
           For
           it
           being
           the
           constant
           Custom
           in
           all
           single
           vacancies
           ,
           that
           the
           name
           of
           the
           Person
           succeeded
           unto
           ,
           as
           well
           as
           his
           who
           is
           to
           succeed
           ,
           be
           equally
           expressed
           in
           the
           Presentation
           ,
           and
           there
           being
           no
           such
           form
           ,
           but
           the
           contrary
           observed
           in
           these
           Gentlemens
           Case
           ,
           it
           is
           an
           Argument
           that
           His
           Majesty
           took
           the
           Vacancy
           to
           be
           total
           ,
           whatsoever
           his
           President
           ,
           Secretary
           and
           Advocate
           do
           .
           Seventhly
           ,
           In
           all
           Cases
           where
           the
           Vacancy
           is
           not
           Universal
           ,
           the
           Presentation
           of
           those
           named
           by
           the
           King
           ,
           is
           directed
           to
           tho
           College
           of
           Justice
           ,
           or
           the
           Actual
           Lords
           of
           Session
           ,
           and
           so
           our
           Laws
           ordain
           and
           provide
           it
           should
           be
           .
           But
           the
           Presentation
           of
           those
           now
           named
           to
           be
           received
           and
           advanced
           unto
           the
           Administration
           of
           Justice
           ,
           or
           at
           least
           of
           most
           of
           them
           ,
           was
           directed
           to
           the
           Earl
           of
           C
           —
           who
           never
           was
           a
           Lord
           of
           the
           Session
           ,
           nor
           yet
           is
           :
           Which
           is
           an
           Evidence
           ,
           that
           the
           holding
           the
           late
           Vacancy
           not
           to
           have
           been
           total
           ,
           was
           not
           an
           Opinion
           they
           were
           led
           into
           by
           truth
           ,
           but
           by
           necessity
           ,
           and
           that
           they
           have
           only
           espoused
           it
           to
           justifie
           what
           hath
           been
           illegally
           done
           .
           It
           is
           yet
           further
           alledged
           by
           these
           cunning
           Men
           ,
           that
           have
           first
           endeavoured
           to
           mislead
           His
           Majesty
           ,
           and
           now
           seek
           by
           what
           pretences
           they
           may
           best
           defend
           that
           which
           they
           have
           done
           ;
           That
           though
           ,
           by
           the
           Ancient
           Laws
           ,
           the
           King
           was
           only
           trusted
           with
           the
           nomination
           of
           the
           Lords
           of
           the
           Session
           ,
           and
           the
           tryal
           and
           approbation
           of
           them
           was
           lodged
           elsewhere
           ;
           Yet
           that
           by
           Act
           ,
           11.
           
           Parl.
           1.
           
           Charles
           the
           Second
           ,
           the
           sole
           choice
           and
           appointment
           of
           the
           Lords
           of
           the
           College
           of
           Justice
           is
           given
           unto
           and
           setled
           upon
           the
           King.
           But
           surely
           they
           who
           make
           the
           exception
           must
           be
           Men
           either
           of
           very
           weak
           understandings
           ,
           or
           of
           very
           bad
           consciences
           ,
           and
           they
           must
           think
           they
           have
           to
           do
           with
           a
           very
           credulous
           sort
           of
           People
           ,
           whom
           they
           may
           bubble
           into
           the
           belief
           of
           any
           thing
           ,
           though
           never
           so
           false
           and
           unreasonable
           ,
           otherwise
           they
           would
           never
           talk
           at
           so
           ridiculous
           and
           impertinent
           a
           Rate
           .
           For
           ,
           First
           ,
           there
           is
           nothing
           granted
           unto
           the
           Crown
           by
           that
           Act
           ,
           but
           what
           
           was
           its
           ancient
           and
           undoubted
           right
           :
           instead
           of
           setling
           any
           new
           Prerogative
           upon
           the
           King
           ,
           the
           Parliament
           does
           only
           there
           declare
           what
           was
           anciently
           the
           Inherent
           Privilege
           of
           the
           Crown
           ,
           and
           an
           undoubted
           part
           of
           the
           Royal
           Prerogative
           of
           the
           Kings
           of
           that
           Kingdom
           :
           Which
           I
           am
           sure
           that
           the
           trying
           ,
           approving
           ,
           and
           accepting
           or
           rejecting
           those
           nominated
           for
           Lords
           of
           Session
           never
           was
           ,
           that
           having
           been
           by
           so
           many
           preceding
           Acts
           of
           Parliament
           ,
           which
           we
           have
           mentioned
           ,
           setled
           and
           vested
           in
           other
           hands
           .
           Secondly
           ,
           Whatsoever
           can
           be
           supposed
           to
           be
           granted
           unto
           the
           Crown
           by
           Act
           11.
           
           Parl.
           1.
           
           Charles
           the
           Second
           ,
           it
           doth
           as
           much
           affect
           a
           single
           Vacancy
           as
           a
           total
           ;
           the
           words
           being
           ,
           
             That
             it
             is
             an
             inherent
             Privilege
             of
             the
             Crown
             ,
             and
             an
             undoubted
             part
             of
             the
             Royal
             Prerogative
             of
             the
             Kings
             of
          
           Scotland
           
             to
             have
             the
             sole
             choice
             of
             the
             Lords
             of
             Session
             .
          
           Which
           can
           import
           no
           more
           ,
           save
           that
           they
           have
           the
           sole
           nomination
           of
           them
           ,
           but
           not
           the
           tryal
           of
           their
           qualifications
           ,
           seeing
           all
           along
           since
           ,
           both
           in
           that
           Reign
           ,
           and
           in
           the
           next
           that
           ensued
           ,
           the
           examination
           and
           acceptance
           or
           refusal
           of
           those
           that
           were
           recommended
           by
           the
           two
           last
           Kings
           upon
           emergent
           Vacancies
           to
           be
           Lords
           of
           the
           College
           of
           Justice
           ,
           were
           always
           certified
           to
           the
           Actual
           and
           Sitting
           Lords
           of
           Session
           ,
           to
           be
           by
           them
           tryed
           ,
           and
           admitted
           or
           rejected
           as
           they
           should
           see
           cause
           .
           Thirdly
           ,
           What
           the
           Gentlemen
           who
           make
           this
           Exception
           would
           give
           the
           Crown
           with
           one
           hand
           ,
           they
           take
           away
           with
           the
           other
           .
           For
           while
           they
           would
           Preclude
           the
           Parliament
           from
           taking
           notice
           of
           the
           qualifications
           of
           those
           ,
           who
           upon
           a
           total
           vacancy
           are
           nominated
           by
           the
           King
           ,
           under
           a
           pretence
           that
           the
           sole
           choice
           of
           the
           Lords
           of
           Session
           ,
           is
           by
           the
           forementioned
           Statute
           Declared
           to
           be
           an
           Inherent
           Priviledge
           of
           the
           Crown
           :
           They
           at
           the
           same
           time
           seek
           to
           skreen
           and
           vindicate
           themselves
           from
           the
           Violation
           of
           the
           other
           Laws
           that
           prescribe
           the
           method
           of
           trying
           and
           approving
           those
           who
           are
           nominated
           now
           by
           His
           Majesty
           for
           Lords
           of
           the
           College
           of
           Justice
           ,
           by
           alledging
           ,
           that
           
             S
             —
             N
          
           —
           and
           M
           —
           are
           both
           in
           a
           capacity
           through
           having
           been
           formerly
           Judges
           ,
           and
           are
           
           commissionated
           to
           try
           and
           approve
           them
           .
           Fourthly
           ,
           All
           that
           some
           apprehend
           to
           be
           contained
           in
           the
           11
           Act
           Parl.
           1.
           
           Charles
           the
           Second
           ,
           is
           wholly
           Narratory
           ,
           and
           no
           part
           of
           it
           Statutory
           ,
           at
           least
           so
           far
           as
           our
           concernment
           lies
           in
           it
           ,
           and
           as
           we
           are
           therein
           referred
           unto
           other
           Acts
           for
           the
           knowledge
           of
           what
           is
           Statuted
           and
           Ordained
           :
           So
           upon
           our
           application
           unto
           ,
           and
           consulting
           of
           Act
           2.
           
           Parl.
           1.
           
           Charles
           2.
           all
           we
           find
           there
           enacted
           is
           ,
           
             That
             it
             is
             an
             inherent
             Privilege
             of
             the
             Crown
             ,
             and
             an
             undoubted
             part
             of
             the
             Royal
             Prerogative
             of
             the
             King
             ,
             to
             have
             the
             sole
             Choice
             and
             Appointment
             of
             the
             Officers
             of
             State
             and
             Privy
             Counsellors
             ,
             but
             that
             he
             hath
             only
             the
             Nomination
             of
             the
             Lords
             of
             Session
             ,
             as
             in
             former
             times
             preceding
             the
             year
          
           1637.
           and
           what
           that
           was
           we
           have
           already
           shewed
           ,
           and
           do
           find
           it
           to
           be
           so
           far
           from
           interfering
           with
           ,
           or
           derogating
           from
           what
           the
           Parliament
           doth
           now
           insist
           upon
           and
           demand
           ,
           that
           it
           both
           warrants
           and
           justifieth
           it
           .
           I
           may
           fifthly
           subjoyn
           ,
           That
           upon
           supposition
           that
           the
           Act
           11.
           
           Par.
           1
           Charles
           the
           Second
           were
           Statutory
           ,
           which
           it
           no
           ways
           is
           ;
           yet
           there
           is
           a
           later
           Act
           pass'd
           in
           the
           said
           first
           Parliament
           of
           King
           Charles
           the
           Second
           ,
           though
           unprinted
           ,
           yet
           upon
           Record
           in
           our
           Registers
           of
           Parliament
           ,
           and
           which
           was
           purposely
           made
           for
           the
           Regulation
           of
           the
           College
           of
           Justice
           ,
           and
           about
           the
           admission
           of
           the
           Lords
           of
           Session
           ,
           as
           the
           very
           title
           and
           rubrick
           bears
           ;
           wherein
           all
           that
           we
           find
           Enacted
           ,
           is
           ,
           That
           the
           King
           ,
           instead
           of
           having
           the
           sole
           choice
           of
           the
           Lords
           of
           Session
           ,
           shall
           only
           have
           the
           Nomination
           of
           them
           ,
           as
           the
           Crown
           stood
           possessed
           of
           it
           in
           times
           before
           the
           year
           1637.
           and
           that
           their
           admission
           in
           all
           times
           to
           come
           shall
           be
           according
           to
           the
           Laws
           and
           Acts
           which
           were
           in
           being
           before
           the
           year
           which
           we
           have
           already
           mentioned
           .
           So
           that
           fancy
           what
           they
           will
           beyond
           this
           ,
           granted
           unto
           the
           King
           by
           Act
           11.
           yet
           it
           is
           all
           withdrawn
           ,
           and
           reassumed
           from
           him
           by
           this
           later
           Act
           of
           April
           the
           5
           th
           .
        
         
           All
           that
           now
           remains
           to
           be
           further
           added
           on
           this
           Subject
           ,
           so
           far
           as
           concerns
           the
           controversial
           part
           ,
           is
           to
           inquire
           whether
           the
           King
           hath
           at
           all
           times
           the
           sole
           Power
           and
           Right
           of
           chusing
           and
           appointing
           the
           President
           of
           
           the
           Session
           ?
           And
           we
           presume
           with
           all
           humility
           to
           say
           ,
           that
           by
           the
           Laws
           of
           the
           Kingdom
           ,
           and
           according
           to
           ancient
           Practice
           and
           Custom
           ,
           he
           hath
           it
           not
           ,
           nor
           can
           he
           legally
           lay
           claim
           unto
           it
           ,
           seeing
           by
           Act
           93.
           
           Parl.
           6.
           
           James
           6.
           
           Anno
           1579.
           
           
             It
             is
             Statuted
             and
             Ordained
             ,
             That
             the
             President
             of
             the
             College
             of
             Justice
             shall
             be
             always
             chosen
             by
             the
             whole
             Senators
             of
             the
             said
             College
             .
          
           Which
           Statute
           is
           confirmed
           by
           Act
           134.
           
           Parl.
           12.
           
           James
           6.
           wherein
           it
           is
           expresly
           declared
           ,
           
             That
             the
             King
             with
             advice
             of
             the
             Estates
             ,
             doth
             ratifie
             and
             approve
             all
             the
             Acts
             made
             either
             by
             his
             Majesties
             Predecessors
             ,
             or
             by
             his
             Highness
             himself
             before
             ,
             upon
             the
             Institution
             of
             the
             College
             of
             Justice
             ,
             and
             the
             Reformation
             of
             the
             abuses
             thereof
             .
          
           Nor
           can
           it
           be
           denyed
           ,
           but
           the
           appointing
           that
           the
           President
           should
           be
           chosen
           by
           the
           whole
           Senators
           ,
           was
           designed
           as
           the
           Reformation
           of
           an
           Abuse
           in
           the
           College
           of
           Justice
           ,
           which
           either
           had
           not
           been
           provided
           against
           ,
           and
           obviated
           in
           the
           first
           Institution
           of
           the
           Session
           ,
           or
           which
           had
           crept
           in
           afterwards
           .
           And
           as
           this
           was
           the
           Law
           about
           the
           Election
           of
           the
           President
           ,
           so
           the
           Practice
           was
           always
           conformable
           thereunto
           ,
           until
           that
           my
           Lord
           S
           —
           came
           to
           be
           constituted
           President
           by
           King
           Charles
           the
           Second
           ,
           and
           was
           illegally
           obtruded
           upon
           the
           Lords
           of
           Session
           ,
           without
           the
           being
           either
           chosen
           or
           approved
           by
           them
           .
           For
           from
           the
           time
           of
           the
           making
           the
           Act
           until
           then
           ,
           there
           was
           not
           one
           that
           had
           ever
           sate
           President
           ,
           but
           who
           had
           been
           chosen
           by
           the
           Lords
           of
           the
           College
           of
           Justice
           ,
           except
           Sir
           
             John
             G
          
           —
           ,
           who
           upon
           being
           nominated
           and
           recommended
           by
           the
           King
           in
           the
           Case
           of
           the
           total
           Vacancy
           Anno
           1661.
           was
           approved
           and
           confirmed
           by
           the
           Estates
           in
           Parliament
           .
           But
           for
           the
           Lord
           P
           —
           ,
           the
           Lord
           U
           —
           ,
           the
           Lord
           C
           —
           ,
           Sir
           
             Robert
             S
          
           —
           ,
           and
           the
           Lord
           D
           —
           ,
           who
           were
           all
           that
           had
           been
           Presidents
           from
           1579.
           until
           1661.
           they
           were
           every
           one
           of
           them
           chosen
           and
           admitted
           by
           the
           Lords
           of
           Session
           .
           Nor
           is
           it
           unworthy
           of
           Remark
           ,
           that
           the
           Lords
           of
           Session
           ,
           upon
           every
           Election
           they
           made
           of
           a
           President
           ,
           declared
           that
           they
           did
           it
           in
           conformity
           unto
           ,
           and
           in
           pursuance
           of
           the
           Act
           of
           Parliament
           .
           And
           as
           
           King
           
           Charles's
           departing
           from
           the
           Law
           in
           this
           particular
           ,
           was
           one
           of
           the
           first
           steps
           towards
           Arbitrary
           Power
           ,
           so
           it
           was
           both
           in
           order
           to
           farther
           Incroachments
           upon
           our
           Laws
           and
           Rights
           ,
           and
           prepared
           the
           way
           for
           most
           of
           the
           Tyranny
           that
           he
           exercised
           afterwards
           .
           And
           as
           S
           —
           assuming
           the
           Office
           of
           President
           ,
           upon
           the
           illegal
           choice
           of
           the
           aforementioned
           King
           ,
           was
           both
           an
           Affronting
           ,
           and
           Betraying
           of
           the
           known
           Laws
           of
           the
           Kingdom
           ;
           so
           his
           whole
           Behaviour
           in
           that
           Station
           was
           of
           one
           piece
           and
           complexion
           with
           his
           entring
           upon
           it
           ,
           being
           a
           continued
           Series
           of
           Oppression
           and
           Treachery
           to
           his
           Country
           .
           For
           besides
           that
           all
           his
           Verdicts
           between
           Subject
           and
           Subject
           ,
           were
           more
           ambiguous
           than
           the
           Delphick
           Oracles
           ,
           and
           the
           occasion
           of
           the
           Commencement
           of
           innumerable
           Suits
           in
           place
           of
           the
           determining
           of
           any
           ;
           he
           was
           the
           principal
           Minister
           of
           all
           L
           —
           's
           Arbitrariness
           ,
           and
           of
           King
           
           Charles's
           Usurpations
           .
           Nor
           was
           there
           a
           Rapine
           or
           Murder
           committed
           in
           the
           Kingdom
           under
           the
           countenance
           of
           Royal
           Authority
           ,
           but
           what
           he
           was
           either
           the
           Author
           of
           ,
           the
           Assister
           in
           ,
           or
           ready
           to
           justifie
           .
           And
           from
           his
           having
           been
           a
           Military
           Commander
           ,
           for
           asserting
           and
           vindicating
           the
           Laws
           ,
           Rights
           ,
           and
           Liberties
           of
           the
           Kingdom
           against
           the
           little
           pretended
           Invasions
           of
           Charles
           I.
           he
           came
           to
           overthrow
           and
           trample
           upon
           them
           all
           in
           the
           quality
           of
           a
           Civil
           Officer
           under
           Charles
           II.
           Nor
           is
           there
           a
           Man
           in
           the
           whole
           Kingdom
           of
           Scotland
           ,
           who
           hath
           been
           more
           accessary
           to
           the
           Robberies
           and
           Spoils
           ,
           and
           who
           is
           more
           stained
           and
           died
           with
           the
           Bloody
           Measures
           of
           the
           Times
           ,
           than
           this
           Lord
           S
           —
           ,
           who
           his
           Majesty
           hath
           been
           impos'd
           upon
           to
           constitute
           again
           President
           of
           the
           College
           of
           Justice
           .
           And
           as
           an
           aggravation
           of
           his
           Crimes
           ,
           he
           hath
           perpetrated
           them
           under
           the
           vail
           of
           Religion
           ,
           and
           by
           forms
           of
           Law
           ;
           which
           is
           the
           bringing
           the
           Holy
           and
           Righteous
           God
           to
           be
           an
           Authorizer
           and
           Approver
           of
           his
           Villanies
           ,
           and
           the
           making
           the
           Shield
           of
           our
           Protection
           to
           be
           the
           Sword
           of
           our
           Ruin.
           But
           there
           being
           some
           hopes
           that
           the
           World
           will
           be
           speedily
           furnished
           with
           
           the
           History
           of
           his
           Life
           ,
           I
           shall
           say
           no
           more
           of
           him
           ,
           but
           shall
           leave
           him
           unto
           the
           expectation
           and
           dread
           of
           what
           the
           famous
           Mr.
           
             Robert
             D
          
           —
           foretold
           would
           befal
           them
           him
           in
           his
           Person
           and
           Family
           ,
           and
           of
           which
           having
           tasted
           the
           first
           Fruits
           in
           so
           many
           astonishing
           Instances
           ,
           he
           may
           the
           more
           assuredly
           reckon
           upon
           the
           full
           Harvest
           of
           it
           .
           And
           the
           Method
           he
           hath
           lately
           begun
           to
           steeer
           is
           the
           most
           likely
           way
           imaginable
           to
           hasten
           upon
           him
           and
           his
           ,
           what
           that
           Holy
           ,
           and
           ,
           I
           might
           say
           ,
           Prophetical
           Man
           denounced
           against
           them
           .
           For
           whereas
           the
           Nation
           would
           have
           been
           willing
           upon
           his
           meer
           withdrawing
           from
           Business
           ,
           and
           not
           provoking
           their
           Justice
           by
           crouding
           into
           the
           Place
           in
           which
           he
           had
           so
           heinously
           offended
           ,
           to
           have
           left
           him
           to
           stand
           or
           fall
           at
           the
           great
           Tribunal
           ,
           and
           to
           have
           i●●●mpnify'd
           him
           as
           to
           Life
           ,
           Honour
           and
           Fortune
           here
           ,
           upon
           the
           consideration
           of
           his
           having
           co-operated
           in
           the
           late
           Revolution
           ,
           and
           of
           his
           having
           attended
           upon
           his
           Majesty
           in
           his
           coming
           over
           to
           rescue
           and
           deliver
           the
           Kingdoms
           from
           Popery
           and
           Slavery
           :
           He
           seems
           resolved
           to
           hasten
           his
           own
           Fate
           ,
           and
           through
           putting
           himself
           by
           new
           Crimes
           out
           of
           the
           Capacity
           of
           Mercy
           ,
           to
           force
           the
           Estates
           of
           the
           Kingdom
           to
           a
           punishing
           of
           him
           ,
           both
           for
           them
           and
           for
           the
           old
           .
           But
           to
           return
           to
           what
           we
           are
           upon
           ,
           about
           the
           Right
           of
           Electing
           a
           President
           of
           the
           Colledge
           of
           Justice
           :
           It
           is
           excepted
           ,
           to
           what
           hath
           been
           said
           ,
           in
           proof
           that
           the
           Power
           is
           by
           Law
           in
           the
           Lords
           of
           Session
           to
           choose
           their
           own
           President
           ;
           that
           Sir
           
             John
             G
          
           —
           ,
           was
           ,
           upon
           King
           Charles
           the
           Second's
           nomination
           ,
           approved
           and
           confirmed
           in
           Parliament
           ,
           Anno
           1661.
           which
           was
           a
           divesting
           of
           the
           Lords
           of
           Session
           of
           it
           ,
           and
           a
           vertual
           rescinding
           all
           the
           Laws
           by
           which
           that
           Power
           had
           been
           settled
           upon
           them
           :
           To
           which
           I
           have
           several
           things
           to
           reply
           ,
           that
           will
           discover
           both
           the
           Impertinency
           of
           the
           Objection
           ,
           and
           the
           Treachery
           of
           those
           who
           have
           insinuated
           it
           to
           the
           King.
           
        
         
           First
           ,
           It
           is
           acknowledged
           in
           the
           very
           Exception
           ,
           that
           the
           sole
           Choice
           of
           Sir
           
             John
             G
          
           —
           as
           President
           ,
           was
           not
           
           in
           King
           Charles
           ,
           seeing
           the
           Parliament
           had
           the
           Approving
           ,
           Allowing
           and
           Admitting
           of
           him
           ,
           which
           makes
           that
           case
           to
           differ
           very
           much
           from
           the
           Present
           In
           which
           the
           choosing
           of
           the
           President
           is
           not
           only
           taken
           away
           from
           the
           Lords
           of
           the
           Session
           ,
           but
           the
           approving
           and
           admitting
           of
           him
           is
           denyed
           to
           the
           Estates
           of
           the
           Nation
           in
           Parliament
           assembled
           .
        
         
           Secondly
           ,
           What
           was
           done
           in
           Ordaining
           Sir
           
             John
             G
          
           —
           President
           ,
           was
           not
           a
           repealing
           of
           the
           Laws
           ,
           by
           which
           the
           Choosing
           of
           the
           President
           is
           vested
           in
           the
           Lords
           of
           the
           Session
           ,
           but
           was
           at
           most
           only
           a
           dispensing
           with
           them
           in
           that
           extraordinary
           case
           of
           a
           total
           Vacancy
           ,
           and
           in
           reference
           unto
           a
           Person
           of
           a
           most
           unspotted
           Integrity
           ,
           and
           unpa●allelled
           Knowledge
           in
           the
           Laws
           .
           Nor
           will
           any
           Man
           ,
           pretending
           to
           acquaintance
           with
           Parliamentary
           Customs
           and
           Proceedings
           ,
           reckon
           that
           a
           Law
           is
           therefore
           rescinded
           and
           abrogated
           because
           the
           Parliament
           hath
           seen
           reason
           to
           supersede
           it
           in
           a
           single
           Instance
           ,
           and
           in
           a
           particular
           case
           .
           Laws
           once
           Enacted
           and
           established
           are
           never
           accounted
           to
           be
           abrogated
           ,
           unless
           by
           particular
           future
           Laws
           formally
           repealing
           them
           ,
           or
           by
           posterior
           general
           Statutes
           inconsistent
           with
           ,
           and
           destructive
           of
           them
           .
           Nor
           do
           Two
           or
           Three
           particular
           Instances
           ,
           varying
           from
           ,
           and
           repugnant
           unto
           them
           ,
           bring
           them
           so
           much
           as
           into
           disuse
           and
           desuetude
           ;
           but
           even
           in
           order
           to
           that
           ,
           there
           must
           be
           immemorial
           Prescription
           against
           them
           ,
           and
           that
           without
           being
           disallowed
           or
           complained
           of
           in
           Parliament
           .
        
         
           Thirdly
           ,
           What
           the
           Parliament
           did
           ,
           Anno
           1661.
           in
           the
           Case
           of
           Sir
           
             John
             G
          
           —
           ,
           it
           was
           not
           properly
           done
           by
           them
           in
           their
           Legislative
           capacity
           ,
           but
           as
           a
           part
           of
           the
           Supream
           Authority
           of
           the
           Kingdom
           ,
           concurring
           with
           the
           King
           in
           an
           Act
           and
           Deed
           of
           the
           
             Supremum
             imperium
          
           ,
           and
           illimited
           Power
           of
           the
           Government
           ,
           which
           the
           appointing
           of
           Judges
           for
           the
           equal
           administration
           of
           Justice
           came
           to
           be
           at
           that
           season
           and
           conjuncture
           ,
           by
           reason
           of
           the
           total
           Vacancy
           ▪
           and
           the
           impossibility
           that
           thereupon
           ensued
           of
           Choosing
           and
           Ordaining
           the
           Lords
           
           of
           Session
           ,
           whereof
           the
           President
           is
           always
           one
           ,
           in
           the
           ordinary
           Legal
           and
           Established
           Methods
           .
           What
           the
           King
           and
           the
           Estates
           of
           Parliament
           did
           in
           the
           case
           of
           that
           Vacancy
           of
           the
           Colledge
           of
           Justice
           ,
           was
           much
           of
           the
           Nature
           of
           ,
           and
           parallel
           unto
           ,
           what
           the
           Estates
           alone
           have
           done
           upon
           the
           late
           Vacancy
           of
           the
           Throne
           ;
           wherein
           they
           acted
           not
           in
           the
           way
           of
           a
           Legislative
           Body
           ,
           but
           in
           the
           Vertue
           of
           that
           illimited
           Power
           which
           resided
           in
           them
           ,
           as
           Representatives
           of
           the
           whole
           People
           ,
           and
           who
           knew
           no
           other
           Measures
           whereby
           to
           act
           ,
           but
           what
           lay
           most
           in
           a
           tendency
           to
           the
           Publick
           Safety
           .
        
         
           Fourthly
           ,
           The
           King
           's
           having
           a
           Right
           to
           choose
           the
           President
           of
           the
           Session
           ,
           is
           disclaimed
           and
           ridicul'd
           by
           those
           very
           Persons
           that
           have
           advised
           him
           to
           challenge
           it
           :
           For
           my
           Lord
           S
           —
           ,
           in
           whose
           Favour
           ,
           and
           in
           pursuance
           of
           whose
           Advice
           ,
           his
           Majesty
           hath
           claimed
           a
           Right
           ,
           and
           exerted
           an
           Authority
           of
           appointing
           a
           President
           ,
           hath
           ,
           by
           the
           Method
           of
           his
           entring
           upon
           that
           Office
           and
           Station
           ,
           renounced
           the
           Legality
           of
           his
           Majesty's
           acting
           in
           that
           particular
           ,
           and
           declared
           that
           he
           holds
           not
           his
           Place
           by
           vertue
           of
           the
           King's
           Choice
           and
           Designation
           .
           For
           after
           he
           had
           prevailed
           upon
           the
           King
           to
           elect
           and
           send
           him
           down
           President
           of
           the
           Session
           ,
           the
           first
           thing
           he
           did
           at
           their
           Meeting
           ,
           and
           that
           in
           order
           to
           the
           throwiag
           the
           blame
           upon
           his
           Majesty
           of
           all
           that
           had
           been
           transacted
           before
           ,
           was
           to
           wheedle
           that
           over-aw'd
           and
           pack'd
           Bench
           ,
           to
           choose
           him
           for
           President
           of
           the
           Colledge
           of
           Justice
           :
           which
           as
           it
           shews
           the
           Disloyalty
           and
           Treachery
           of
           the
           Man
           ,
           so
           it
           testifieth
           and
           publisheth
           his
           Folly.
           For
           how
           could
           they
           be
           in
           a
           capacity
           as
           Lords
           of
           Session
           to
           choose
           him
           for
           a
           President
           ,
           that
           were
           not
           antecedently
           ,
           legally
           ,
           tryed
           and
           approved
           themselves
           ?
           And
           who
           knowing
           their
           own
           unqualifiedness
           ,
           both
           as
           to
           Literature
           and
           good
           Fame
           ,
           made
           his
           Majesty's
           having
           nominated
           them
           ,
           an
           excuse
           from
           their
           undergoing
           a
           Tryal
           .
           For
           though
           it
           be
           both
           required
           by
           the
           Laws
           ,
           and
           was
           accordingly
           given
           out
           all
           along
           here
           ,
           that
           they
           should
           be
           tryed
           ;
           yet
           Five
           of
           
           them
           being
           conscious
           unto
           themselves
           how
           little
           they
           answered
           the
           Qualifications
           prescribed
           in
           the
           Statutes
           ,
           refused
           to
           submit
           to
           be
           examin'd
           ,
           under
           a
           Pretence
           that
           they
           would
           not
           thereby
           weaken
           his
           Majesty's
           Right
           and
           Authority
           in
           his
           having
           elected
           them
           .
           And
           thus
           the
           King's
           Authority
           is
           doubly
           exposed
           ,
           by
           those
           who
           call
           themselves
           the
           Ordinary
           Lords
           of
           Session
           ,
           in
           excusing
           themselves
           from
           a
           Tryal
           ,
           which
           was
           never
           designed
           they
           should
           do
           ,
           seeing
           
             S
             —
             ,
             M
          
           —
           and
           N
           —
           ,
           were
           both
           appointed
           ,
           and
           said
           to
           be
           in
           a
           capacity
           to
           examine
           them
           :
           And
           then
           by
           him
           who
           is
           stiled
           President
           ,
           through
           its
           being
           made
           a
           Stale
           for
           his
           obtaining
           the
           Name
           ,
           and
           renounced
           for
           the
           Choice
           of
           the
           Bench
           ,
           as
           that
           which
           alone
           must
           give
           him
           a
           Legal
           Title
           .
           Whereas
           if
           the
           King's
           Choice
           of
           him
           be
           not
           according
           to
           Law
           ,
           and
           sufficient
           to
           justifie
           his
           entrance
           upon
           his
           Office
           ,
           Why
           did
           he
           abuse
           his
           Majesty
           in
           telling
           him
           that
           it
           was
           ?
           And
           if
           it
           be
           the
           King
           's
           Right
           ,
           and
           a
           part
           of
           his
           Prerogative
           ,
           to
           elect
           the
           President
           ,
           Why
           hath
           he
           sacrificed
           his
           Majesty's
           Honour
           ,
           and
           given
           away
           his
           Legal
           Power
           ,
           in
           the
           submitting
           to
           hold
           the
           Office
           by
           any
           other
           Tenure
           ?
           Howsoever
           we
           are
           come
           to
           be
           Gainers
           by
           this
           Carriage
           of
           S
           —
           ,
           how
           much
           soever
           the
           King
           is
           a
           looser
           by
           it
           .
           For
           his
           surendring
           from
           the
           King
           the
           Right
           of
           choosing
           a
           President
           ,
           is
           a
           Vindication
           of
           the
           Justice
           of
           the
           Parliaments
           Vote
           and
           Demand
           .
           Besides
           ,
           here
           is
           an
           end
           put
           to
           that
           Pretence
           which
           they
           have
           been
           endeavouring
           to
           sham
           upon
           the
           World
           ,
           viz.
           That
           S
           —
           was
           only
           restored
           to
           the
           Presidency
           of
           which
           he
           was
           violently
           dispossessed
           ,
           and
           that
           he
           was
           not
           chosen
           unto
           it
           as
           unto
           a
           Place
           whereunto
           he
           had
           not
           a
           Right
           .
           So
           that
           either
           the
           Choice
           made
           at
           Edinburgh
           overthrows
           the
           Plea
           used
           at
           London
           ,
           about
           his
           beeing
           meerly
           restored
           ;
           or
           else
           that
           whereby
           they
           do
           here
           seek
           to
           justifie
           his
           Majesty's
           Proceedings
           in
           reference
           to
           S
           —
           's
           being
           President
           ,
           condemns
           what
           the
           Proteus
           hath
           there
           betaken
           himself
           unto
           ,
           of
           being
           elected
           by
           those
           called
           the
           Lords
           of
           the
           Colledge
           of
           Justice
           .
           To
           which
           I
           shall
           only
           add
           ,
           
           That
           as
           he
           was
           never
           legally
           President
           before
           ,
           so
           he
           is
           as
           little
           President
           now
           .
           His
           assuming
           the
           Office
           then
           ,
           when
           he
           was
           not
           chosen
           by
           the
           Bench
           ,
           as
           the
           Law
           ordains
           ,
           made
           him
           an
           Usurper
           ;
           and
           his
           entring
           upon
           the
           Place
           again
           ,
           upon
           the
           Choice
           of
           those
           that
           are
           not
           Judges
           ,
           by
           reason
           of
           their
           not
           being
           tryed
           as
           the
           Statutes
           appoint
           ,
           leaves
           him
           under
           the
           same
           Crime
           and
           Imputation
           .
        
         
           So
           that
           having
           now
           dispatched
           ,
           all
           that
           is
           either
           Historical
           or
           Argumentative
           about
           the
           several
           Heads
           in
           difference
           between
           the
           Parliament
           of
           Scotland
           ,
           and
           a
           few
           unadvised
           or
           ill
           designing
           Men
           about
           His
           Majesty
           :
           I
           shall
           shut
           up
           this
           Discourse
           with
           some
           Political
           Reflections
           upon
           the
           whole
           .
           Whereof
           the
           first
           is
           ,
           That
           it
           is
           not
           the
           having
           barely
           a
           good
           King
           that
           renders
           a
           People
           happy
           ,
           but
           much
           of
           it
           must
           arise
           from
           his
           having
           good
           Ministers
           about
           him
           .
           For
           no
           Nation
           had
           ever
           a
           better
           Prince
           than
           we
           at
           present
           have
           ,
           and
           yet
           we
           find
           there
           is
           cause
           of
           complaint
           ,
           by
           reason
           of
           the
           Ill
           Counsellors
           that
           possess
           his
           ear
           .
           We
           do
           not
           think
           that
           he
           entertains
           them
           out
           of
           choice
           ,
           yet
           that
           will
           not
           give
           his
           People
           ease
           ,
           though
           it
           may
           for
           a
           while
           suppress
           their
           Murmurings
           .
           His
           Majesties
           being
           so
           little
           acquainted
           with
           Men
           at
           his
           first
           coming
           over
           ,
           might
           lay
           him
           open
           to
           be
           misled
           in
           the
           choice
           of
           His
           Officers
           :
           But
           to
           continue
           to
           use
           them
           after
           he
           hath
           had
           sufficient
           means
           as
           well
           as
           opportunity
           of
           knowing
           their
           Characters
           ,
           will
           leave
           an
           imputation
           not
           only
           upon
           his
           Goodness
           ,
           but
           upon
           his
           Wisdom
           .
           For
           as
           the
           People
           have
           no
           other
           way
           of
           judging
           of
           the
           goodness
           of
           their
           Prince
           ,
           but
           by
           finding
           his
           Officers
           and
           chief
           Ministers
           to
           be
           such
           :
           so
           if
           these
           be
           not
           ,
           they
           may
           possibly
           acknowledg
           William
           to
           be
           a
           good
           Man
           ,
           but
           they
           will
           never
           beleive
           that
           the
           King
           is
           so
           .
           And
           
           Machiavel's
           observation
           ,
           That
           a
           wise
           King
           will
           always
           find
           wise
           Ministers
           ,
           is
           no
           more
           than
           what
           every
           Man
           is
           perswaded
           of
           upon
           the
           first
           Principles
           of
           Reason
           ,
           and
           of
           common
           sense
           ▪
           I
           do
           acknowledg
           ,
           that
           ill
           Men
           have
           ways
           of
           thrusting
           themselves
           upon
           Princes
           ,
           which
           they
           that
           are
           vertuous
           think
           too
           unworthy
           and
           below
           them
           to
           use
           .
           For
           whereas
           the
           later
           are
           always
           modest
           ,
           and
           seek
           no
           recommendations
           
           but
           from
           their
           own
           Merit
           ;
           the
           former
           are
           importunate
           ,
           &
           can
           both
           flatter
           &
           bribe
           Favorites
           to
           speak
           well
           of
           them
           .
           It
           was
           a
           severe
           Prediction
           as
           well
           as
           Observation
           ,
           which
           the
           late
           Prince
           of
           Conde
           made
           upon
           the
           News
           of
           King
           Charles
           the
           Second's
           Death
           ,
           and
           of
           his
           Brothers
           succeeding
           him
           ,
           viz.
           That
           he
           was
           like
           to
           be
           well
           served
           ,
           through
           having
           none
           about
           him
           ,
           but
           his
           own
           Fools
           ,
           and
           his
           Predecessors
           Knaves
           .
           How
           many
           Wise
           Men
           then
           imagine
           his
           Present
           Majesty
           is
           like
           to
           be
           served
           ,
           who
           though
           he
           hath
           not
           the
           Fools
           of
           the
           last
           Reign
           about
           him
           ,
           yet
           he
           hath
           both
           the
           Knaves
           of
           that
           and
           of
           the
           former
           ?
           Nor
           is
           it
           of
           any
           great
           advantage
           at
           least
           to
           Scotland
           to
           be
           delivered
           from
           the
           Fools
           of
           the
           last
           Government
           ,
           seeing
           there
           are
           weak
           Men
           enough
           besides
           those
           ,
           and
           some
           of
           them
           trusted
           with
           the
           chief
           conduct
           of
           the
           Scotch
           Affairs
           .
           For
           how
           else
           could
           it
           be
           ,
           that
           of
           all
           the
           Publick
           Orders
           remitted
           thither
           ,
           there
           hath
           not
           been
           one
           ,
           which
           either
           the
           meeting
           of
           Estates
           ,
           the
           Parliament
           ,
           or
           the
           Privy
           Council
           have
           not
           voted
           to
           be
           illegal
           ?
           In
           reference
           unto
           which
           ,
           as
           we
           do
           acquit
           the
           King
           from
           all
           blame
           ,
           seeing
           he
           cannot
           be
           supposed
           to
           be
           acquainted
           yet
           ,
           either
           with
           the
           Scotch
           Laws
           ,
           or
           with
           their
           Forms
           ,
           and
           does
           only
           sign
           what
           others
           pepare
           for
           ,
           and
           offer
           unto
           him
           ;
           so
           we
           are
           not
           willing
           to
           ascribe
           it
           so
           much
           to
           the
           Treachery
           and
           Malice
           of
           his
           Minister
           ,
           as
           to
           his
           simplicity
           and
           weakness
           :
           Who
           though
           he
           may
           possibly
           be
           an
           honest
           Man
           ,
           and
           indifferently
           versed
           in
           common
           Affairs
           ,
           yet
           he
           hath
           no
           great
           knowledge
           of
           the
           Laws
           ,
           and
           is
           but
           a
           Puny
           in
           the
           Politicks
           ,
           by
           reason
           of
           which
           he
           comes
           to
           rely
           upon
           other
           Mens
           advice
           ,
           who
           instead
           of
           instructing
           and
           assisting
           him
           to
           serve
           the
           King
           ,
           make
           him
           a
           Tool
           for
           promoting
           ends
           and
           designs
           directly
           opposite
           to
           His
           Majesties
           Service
           and
           Interest
           .
           But
           then
           I
           should
           observe
           ,
           Secondly
           ,
           That
           one
           illegal
           stop
           doth
           lead
           to
           many
           :
           Nor
           is
           one
           Arbitrary
           thing
           to
           be
           supported
           but
           by
           another
           .
           It
           hath
           been
           hitherto
           taken
           for
           an
           undoubted
           Truth
           ,
           That
           though
           the
           Estates
           Assembled
           in
           Parliament
           have
           not
           alone
           a
           Legislative
           Power
           ,
           so
           as
           to
           enact
           Laws
           without
           the
           King
           ,
           yet
           that
           they
           have
           the
           
           Supream
           and
           Uncontrovertible
           Power
           of
           declaring
           the
           Meaning
           ,
           and
           Sense
           of
           those
           Laws
           that
           are
           already
           Enacted
           and
           Established
           .
           So
           that
           when
           the
           Parliament
           hath
           once
           declared
           the
           Sense
           and
           Meaning
           of
           any
           Law
           ,
           all
           Courts
           of
           Judicature
           ,
           as
           well
           as
           particular
           Persons
           ,
           are
           bound
           to
           acquiesce
           in
           their
           explanation
           of
           that
           Law.
           And
           to
           divest
           the
           Parliament
           of
           this
           ,
           is
           to
           strip
           them
           of
           one
           of
           their
           chiefest
           Priviledges
           ,
           and
           to
           detract
           from
           and
           diminish
           their
           Authority
           ,
           which
           is
           Treason
           by
           the
           Law
           of
           Scotland
           .
           For
           it
           is
           expresly
           declared
           by
           Act
           130.
           
           Parl.
           8.
           
           James
           6.
           
           
             That
             whosoever
             in
             time
             coming
             shall
             take
             upon
             him
             ,
             to
             impung
             the
             Dignity
             and
             Authority
             of
             the
             three
             Estates
             ,
             or
             shall
             seek
             or
             procure
             the
             innovation
             or
             diminution
             of
             the
             Power
             and
             Authority
             of
             the
             Three
             Estates
             ,
             or
             of
             any
             of
             them
             ,
             shall
             be
             guilty
             of
             Treason
             .
          
           Yet
           when
           the
           Present
           Parliament
           had
           declared
           the
           sense
           of
           the
           ancient
           Laws
           to
           be
           ,
           that
           the
           King
           in
           a
           total
           Vacancy
           could
           not
           appoint
           Judges
           without
           their
           being
           admitted
           by
           Parliament
           ,
           the
           advance
           that
           had
           been
           made
           against
           our
           Laws
           ,
           in
           His
           Majesties
           assuming
           a
           Right
           of
           Electing
           and
           Authorizing
           them
           ,
           hath
           been
           seconded
           with
           an
           impugning
           ,
           despising
           ,
           and
           subverting
           that
           Authority
           of
           Parliament
           which
           we
           have
           been
           speaking
           of
           .
           Nor
           hath
           the
           Invasion
           upon
           Parliamentary
           Rights
           and
           Priviledges
           terminated
           here
           ,
           but
           there
           hath
           been
           a
           further
           assault
           made
           upon
           them
           ,
           both
           by
           the
           Councils
           assuming
           the
           Cognizance
           of
           that
           ,
           which
           was
           lodged
           before
           the
           Parliament
           ,
           and
           by
           their
           Actings
           determining
           in
           it
           contrary
           to
           the
           Vote
           ,
           and
           Declaration
           of
           the
           Estates
           ,
           who
           are
           the
           Supream
           Judicature
           ,
           and
           in
           conjunction
           with
           the
           King
           ,
           the
           one
           Legislative
           body
           of
           the
           Kingdom
           .
           For
           it
           is
           an
           unquestioned
           Maxim
           ,
           That
           when
           a
           matter
           is
           once
           brought
           and
           tabled
           before
           the
           Parliament
           ,
           so
           as
           they
           have
           laid
           their
           hands
           upon
           it
           ,
           it
           is
           not
           afterwards
           to
           fall
           under
           the
           Cognizance
           ,
           or
           Determination
           of
           the
           Council
           ,
           or
           of
           any
           inferior
           Judicature
           ,
           unless
           remitted
           expresly
           unto
           them
           by
           the
           Parliament
           it self
           .
           And
           therefore
           the
           Parliament
           having
           given
           a
           stop
           to
           the
           opening
           of
           the
           Signet
           ,
           and
           to
           the
           sitting
           of
           the
           Session
           ,
           till
           
           the
           King
           's
           further
           pleasure
           was
           made
           known
           to
           them
           ,
           and
           until
           that
           matter
           should
           be
           brought
           to
           such
           an
           Accommodation
           ,
           as
           was
           consistent
           with
           the
           preservation
           of
           the
           Laws
           of
           the
           Kingdom
           ,
           it
           was
           a
           high
           Invasion
           upon
           the
           Authority
           and
           Jurisdiction
           of
           the
           Parliament
           ,
           for
           the
           Council
           to
           meddle
           in
           it
           .
           But
           this
           they
           were
           aw'd
           unto
           by
           those
           who
           had
           given
           the
           King
           advice
           to
           chuse
           the
           Lords
           of
           Session
           and
           President
           ,
           and
           who
           knew
           no
           way
           to
           justifie
           one
           illegality
           but
           by
           another
           .
           Yea
           ,
           our
           Ministers
           ,
           in
           order
           to
           make
           the
           first
           Act
           of
           Invasion
           upon
           the
           Laws
           which
           they
           had
           thrust
           the
           King
           upon
           successful
           ,
           and
           to
           prevent
           their
           receiving
           a
           baffle
           upon
           their
           first
           setting
           out
           on
           the
           road
           of
           Arbitrariness
           ,
           sent
           menacing
           Letters
           to
           those
           that
           were
           nominated
           Lords
           of
           Session
           ,
           threatning
           them
           with
           ruin
           if
           they
           did
           not
           sit
           at
           the
           time
           that
           they
           were
           appointed
           ;
           and
           had
           it
           not
           been
           for
           those
           Letters
           ,
           several
           had
           forborn
           to
           act
           ,
           as
           knowing
           they
           could
           not
           lawfully
           do
           it
           .
           And
           as
           the
           sending
           those
           Letters
           sheweth
           that
           the
           Ministers
           here
           were
           convinced
           that
           they
           had
           counselled
           the
           King
           to
           an
           illegal
           Thing
           ,
           but
           which
           was
           to
           be
           supported
           in
           the
           same
           manner
           :
           So
           these
           Gentlemen
           of
           the
           long
           Robe
           ,
           who
           contrary
           to
           their
           own
           Judgment
           ,
           were
           influenced
           to
           sit
           ,
           and
           to
           transgress
           known
           Laws
           ,
           have
           declared
           how
           Unworthy
           and
           Unqualified
           they
           are
           to
           be
           received
           and
           approved
           by
           Parliament
           ,
           as
           Lords
           of
           the
           College
           of
           Justice
           .
           And
           to
           Crown
           all
           these
           Miscarriages
           in
           Government
           with
           one
           more
           ,
           his
           Majesties
           Ministers
           being
           fully
           sensible
           ,
           that
           they
           whom
           they
           call
           Lords
           of
           Session
           ,
           were
           neither
           legally
           appointed
           ,
           nor
           could
           legally
           meet
           and
           sit
           ,
           they
           therefore
           resolved
           forcibly
           to
           support
           what
           they
           had
           unjustly
           begun
           and
           done
           ;
           and
           accordingly
           ,
           against
           the
           day
           and
           time
           those
           Gentlemen
           were
           to
           sit
           ,
           they
           ordered
           all
           the
           Forces
           ,
           which
           were
           drawn
           in
           unusual
           Numbers
           about
           Edenburgh
           ,
           to
           be
           in
           a
           readiness
           upon
           beat
           of
           Drum
           ,
           that
           what
           they
           had
           Arbitrarily
           begun
           ,
           might
           be
           Violently
           maintained
           .
           Which
           as
           it
           was
           an
           applying
           ,
           and
           using
           of
           his
           Majesties
           Troops
           ,
           upon
           a
           much
           differing
           
           Design
           ,
           than
           that
           for
           which
           the
           Parliament
           had
           consented
           to
           their
           being
           raised
           and
           paid
           :
           So
           it
           had
           been
           much
           more
           for
           his
           Majesties
           Honour
           ,
           and
           the
           Benefit
           of
           his
           Kingdom
           ,
           that
           they
           had
           been
           all
           imploy'd
           against
           Cannon
           ,
           who
           is
           still
           making
           Inroads
           ,
           and
           committing
           Robberies
           upon
           several
           of
           his
           Majesties
           Loyal
           Subjects
           ;
           and
           who
           by
           the
           ill
           Conduct
           and
           treasonable
           Counsel
           of
           some
           of
           his
           Majesties
           Ministers
           ,
           seems
           to
           have
           been
           connived
           at
           and
           forborn
           ,
           since
           the
           last
           defeat
           that
           was
           given
           him
           ,
           for
           no
           other
           reason
           ,
           but
           that
           there
           may
           be
           a
           stand
           for
           other
           Rebels
           in
           due
           time
           to
           go
           unto
           .
           But
           that
           which
           I
           would
           observe
           ,
           Thirdly
           ,
           and
           in
           the
           last
           place
           ,
           is
           ,
           That
           his
           Majesty
           for
           his
           own
           Honour
           and
           Safety
           ,
           and
           for
           the
           Peace
           and
           Welfare
           of
           his
           People
           ,
           ought
           to
           make
           some
           Change
           and
           Alteration
           of
           his
           Ministers
           .
           For
           it
           is
           evident
           ,
           That
           they
           who
           are
           imployed
           as
           Instruments
           of
           Oppression
           ,
           Rapine
           and
           Murder
           ,
           under
           an
           ill
           Government
           ,
           can
           never
           be
           of
           use
           unto
           ,
           nor
           for
           the
           reputation
           of
           a
           good
           .
           It
           is
           evident
           ,
           That
           he
           is
           betrayed
           ,
           nor
           is
           it
           so
           difficult
           to
           know
           by
           whom
           ,
           and
           how
           .
           For
           Things
           speak
           ,
           when
           Men
           either
           dare
           not
           ,
           or
           will
           not
           .
           And
           Advices
           are
           not
           to
           be
           judg'd
           of
           by
           the
           Quality
           and
           Profession
           of
           the
           Persons
           that
           give
           them
           ,
           but
           by
           the
           tendency
           of
           the
           Counsels
           that
           are
           given
           .
           For
           example
           ,
           They
           cannot
           design
           well
           unto
           his
           Majesty
           ,
           who
           tell
           him
           ,
           That
           he
           must
           not
           make
           haste
           to
           conquer
           his
           Enemies
           ,
           until
           he
           have
           first
           screw'd
           up
           his
           Prerogative
           ;
           and
           that
           he
           is
           to
           improve
           the
           dread
           his
           People
           are
           under
           of
           King
           James
           ,
           for
           wresting
           from
           them
           what
           he
           can
           ,
           before
           he
           attack
           him
           .
           Again
           ,
           they
           cannot
           intend
           his
           Majesties
           Interest
           ,
           who
           would
           have
           him
           overlook
           the
           Crimes
           and
           Treasons
           that
           are
           daily
           committed
           against
           him
           ,
           seeing
           the
           conniving
           at
           Rebels
           can
           only
           be
           to
           incourage
           Rebellion
           .
           Again
           ,
           they
           who
           advise
           him
           to
           be
           King
           only
           of
           a
           Party
           ,
           and
           not
           of
           the
           whole
           People
           ,
           have
           a
           mind
           he
           should
           be
           King
           of
           none
           .
           And
           to
           counsel
           him
           either
           not
           to
           use
           those
           in
           his
           Service
           who
           are
           both
           willing
           to
           serve
           him
           ,
           and
           would
           do
           it
           with
           the
           utmost
           Fidedelity
           ;
           or
           to
           use
           those
           whose
           Carriage
           speaks
           them
           to
           be
           
           in
           the
           Interest
           of
           his
           Enemies
           ,
           it
           is
           to
           have
           him
           betrayed
           instead
           of
           being
           served
           .
           Nor
           can
           they
           be
           for
           his
           Continuing
           upon
           the
           Throne
           ,
           who
           would
           have
           hindred
           his
           Ascent
           unto
           it
           .
           And
           whosoever
           embarrasseth
           him
           with
           his
           Parliaments
           ,
           and
           by
           it
           retards
           Succours
           for
           the
           Support
           of
           the
           War
           ,
           can
           mean
           no
           less
           than
           that
           his
           Majesty
           and
           his
           Kingdom
           should
           become
           a
           Prey
           to
           King
           James
           ,
           and
           to
           his
           Brother
           of
           France
           .
           And
           they
           who
           counsel
           him
           to
           go
           on
           where
           his
           Predecessor
           left
           off
           ,
           have
           a
           mind
           to
           see
           a
           new
           Abdication
           ,
           though
           they
           were
           not
           for
           the
           Old.
           But
           what
           might
           be
           said
           upon
           this
           Head
           ,
           requireth
           rather
           an
           intire
           Discourse
           ,
           than
           to
           be
           confined
           unto
           a
           short
           Remark
           .
           And
           therefore
           all
           I
           shall
           add
           is
           ,
           That
           as
           his
           Majesty
           must
           be
           infallibly
           lost
           ,
           without
           a
           speedy
           Change
           as
           to
           some
           of
           his
           Ministers
           ,
           so
           he
           needs
           not
           to
           fear
           them
           ,
           if
           they
           be
           but
           once
           thrust
           out
           of
           his
           Councils
           ;
           seeing
           all
           the
           hurt
           that
           they
           are
           able
           to
           do
           him
           ,
           is
           through
           their
           being
           there
           .
           And
           if
           he
           will
           but
           own
           himself
           ,
           and
           assert
           his
           own
           Interest
           ,
           he
           will
           have
           enough
           of
           those
           to
           stand
           by
           him
           ,
           who
           have
           no
           Interest
           but
           what
           is
           his
           .
        
         
           FINIS
        
      
       
         
         
           AN
           ADDRESS
           Sign'd
           by
           the
           greatest
           Part
           of
           the
           MEMBERS
           of
           the
           Parliament
           OF
           SCOTLAND
           ,
           AND
           Deliver'd
           to
           His
           MAJESTY
           at
           Hampton-Court
           ,
           the
           15
           th
           .
           day
           of
           October
           ,
           1689.
           
        
         
         
         
           TO
           THE
           KING'S
           Most
           Excellent
           Majesty
           :
           The
           Humble
           Representation
           of
           the
           Lords
           and
           Commissioners
           of
           Shires
           and
           Burroughs
           of
           the
           Kingdom
           of
           SCOTLAND
           ,
           Under
           subscribers
           ,
           and
           Members
           of
           this
           Current
           Parliament
           ,
           now
           Adjourned
           till
           the
           Eight
           of
           October
           next
           .
        
         
           NOthing
           save
           the
           great
           and
           general
           Surprize
           of
           this
           long
           distressed
           and
           at
           present
           unsettled
           Kingdom
           ,
           upon
           the
           late
           Adjournment
           of
           Your
           most
           Loyal
           Parliament
           for
           so
           long
           a
           time
           ,
           and
           in
           so
           critical
           a
           season
           ,
           with
           the
           deep
           Concern
           of
           Your
           Royal
           Interest
           therein
           ,
           could
           possibly
           have
           induced
           us
           to
           this
           so
           necessary
           a
           Petition
           .
           But
           the
           visible
           Consternation
           and
           Discouragement
           of
           thousands
           of
           Your
           good
           Subjects
           ,
           delayed
           in
           the
           Relief
           and
           Comfort
           which
           at
           this
           time
           they
           assuredly
           expected
           ,
           with
           the
           Advantages
           that
           We
           apprehend
           Your
           Majesties
           Enemies
           ,
           both
           within
           and
           without
           the
           Kingdom
           ,
           may
           think
           to
           reap
           by
           such
           an
           Interruption
           ,
           
           being
           our
           only
           Motives
           ,
           We
           cannot
           ,
           We
           dare
           not
           be
           silent
           .
           And
           therefore
           to
           prevent
           these
           evil
           Consequences
           ,
           We
           in
           the
           first
           place
           most
           solemnly
           Protest
           and
           Declare
           ,
           in
           the
           Presence
           of
           God
           and
           Men
           ,
           Our
           constant
           and
           inviolable
           Fidelity
           and
           Adherence
           to
           Your
           Majesties
           Royal
           Title
           ,
           Right
           and
           Interest
           ,
           so
           frankly
           and
           chearfully
           recognosced
           by
           Us
           in
           this
           Current
           Parliament
           ,
           wishing
           and
           praying
           for
           nothing
           more
           under
           the
           Sun
           than
           Your
           long
           and
           prosperous
           Reign
           ,
           as
           that
           wherein
           the
           Security
           of
           all
           our
           Lives
           and
           Liberties
           ,
           and
           also
           of
           our
           Holy
           Religion
           ,
           more
           dear
           to
           Us
           than
           both
           ,
           is
           infallibly
           included
           .
           It
           was
           the
           Perswasion
           we
           had
           of
           the
           Justice
           ,
           as
           well
           as
           the
           Necessity
           ,
           of
           Your
           Majesty's
           Heroic
           Undertaking
           for
           the
           Delivery
           of
           these
           Kingdoms
           ,
           with
           the
           Conviction
           of
           the
           Divine
           Confirmation
           that
           appeared
           in
           its
           Glorious
           Success
           ,
           that
           moved
           most
           ,
           if
           not
           all
           of
           Us
           ,
           to
           endeavour
           and
           concur
           most
           heartily
           in
           the
           late
           Meeting
           of
           Estates
           ,
           for
           the
           Advancement
           and
           Establishment
           of
           Your
           Majesty
           upon
           the
           Throne
           ,
           when
           some
           discovered
           their
           Disaffection
           ,
           and
           were
           too
           open
           Retarders
           and
           Obstructers
           of
           that
           good
           Design
           :
           And
           it
           is
           from
           the
           same
           true
           Affection
           and
           Zeal
           ,
           that
           we
           do
           now
           most
           heartily
           make
           the
           above-mentioned
           Protestation
           ,
           to
           obviate
           all
           the
           Misconstructions
           Your
           Enemies
           may
           make
           in
           this
           Juncture
           .
        
         
           Nor
           are
           we
           less
           assured
           of
           Your
           Majesties
           most
           sincere
           and
           gracious
           Intentions
           ,
           to
           perform
           for
           us
           to
           the
           utmost
           ,
           all
           that
           the
           Estates
           of
           the
           Kingdom
           have
           either
           demanded
           ,
           or
           represented
           as
           necessary
           and
           expedient
           for
           securing
           the
           Protestant
           Religion
           ,
           restoring
           their
           Laws
           and
           Liberties
           ,
           and
           redressing
           of
           their
           Grievances
           ,
           according
           to
           Your
           Majesties
           Declaration
           for
           this
           Kingdom
           .
           Neither
           can
           it
           be
           imagined
           ,
           that
           so
           wise
           and
           just
           a
           King
           as
           Your
           Majesty
           ,
           will
           ever
           be
           perswaded
           ,
           that
           so
           Loyal
           a
           Parliament
           as
           this
           ,
           can
           be
           induced
           either
           to
           wish
           or
           design
           any
           Prejudice
           to
           ,
           or
           Diminution
           of
           Your
           true
           Interest
           and
           Prerogative
           ;
           but
           such
           as
           have
           slavishly
           served
           and
           flattered
           Arbitrary
           Power
           and
           Tyranny
           ,
           will
           be
           always
           studying
           for
           
           their
           own
           sinister
           Ends
           ,
           to
           state
           a
           separate
           Interest
           betwixt
           King
           and
           People
           ,
           a
           Practice
           which
           we
           are
           confident
           Your
           Majesty
           abhors
           .
        
         
           But
           that
           we
           may
           clear
           our selves
           upon
           this
           present
           occasion
           to
           Your
           Majesty's
           full
           satisfaction
           ,
           and
           refuting
           of
           all
           Misrepresentations
           we
           can
           incur
           on
           any
           hand
           ,
           we
           shall
           briefly
           rehearse
           to
           Your
           Majesty
           ,
           the
           Votes
           pass'd
           in
           this
           present
           Parliament
           ,
           to
           which
           the
           Royal
           assent
           is
           not
           given
           ,
           with
           such
           short
           Reflections
           ,
           as
           we
           hope
           may
           tend
           to
           the
           better
           Vindication
           of
           all
           concern'd
           .
        
         
           The
           First
           Act
           upon
           which
           the
           Vote
           of
           Parliament
           has
           pass'd
           ,
           is
           ,
           That
           declaring
           the
           Priviledge
           of
           the
           Estates
           of
           Parliament
           
             to
             Nominate
             and
             Appoint
             Committees
          
           ,
           as
           they
           shall
           think
           fit
           ;
           and
           excluding
           therefrom
           the
           Officers
           of
           State
           ,
           unless
           they
           be
           chosen
           :
           And
           omitting
           what
           the
           Parliament
           hath
           already
           represented
           to
           Your
           Majesty
           as
           reasons
           of
           their
           Vote
           ;
           it
           is
           humbly
           conceived
           ,
           that
           this
           Act
           is
           exactly
           framed
           to
           the
           extent
           of
           that
           Grievance
           ,
           which
           together
           with
           the
           rest
           ,
           is
           desired
           in
           the
           
             Instrument
             of
             Government
          
           ,
           to
           be
           redressed
           unto
           us
           in
           Parliament
           .
        
         
           The
           Second
           ,
           was
           an
           Act
           Abrogating
           the
           Act
           of
           Parliament
           1669
           ,
           asserting
           
             the
             Kings
             Supremacy
          
           over
           all
           Persons
           ,
           and
           in
           all
           Causes
           Ecclesiastical
           ;
           and
           this
           Act
           is
           so
           exactly
           conform
           to
           the
           Second
           Article
           of
           the
           abovementioned
           Grievances
           ;
           and
           the
           foresaid
           Act
           of
           Supremacy
           in
           it self
           is
           so
           dangerous
           to
           the
           Protestant
           Religion
           ,
           as
           well
           as
           inconsistent
           with
           the
           Establishment
           of
           any
           Church-Government
           ,
           that
           we
           doubt
           not
           Your
           Majesty
           will
           ever
           approve
           all
           that
           voted
           to
           it
           .
        
         
           The
           Third
           ,
           is
           an
           Act
           anent
           
             Persons
             not
             to
             employed
             in
             publick
             Trusts
          
           ;
           and
           all
           the
           Ruins
           and
           Distresses
           of
           this
           Kingdom
           ,
           have
           so
           certainly
           flowed
           from
           the
           Persons
           therein
           noted
           ,
           especially
           ,
           such
           as
           by
           their
           contriving
           of
           ,
           and
           concurring
           in
           the
           Dispensing
           Power
           ,
           have
           thereby
           eminently
           indangered
           our
           Religion
           ,
           and
           overturned
           all
           the
           Fences
           of
           our
           Liberties
           and
           Properties
           (
           which
           we
           have
           good
           Ground
           to
           believe
           the
           Parliament
           
           would
           have
           extended
           but
           to
           few
           Persons
           )
           And
           your
           Majesty
           in
           Your
           Declaration
           ,
           hath
           so
           justly
           charged
           the
           same
           upon
           evil
           and
           wicked
           Counsellors
           (
           the
           only
           Persons
           pointed
           at
           in
           this
           Act
           )
           that
           we
           are
           perswaded
           that
           You
           will
           find
           it
           absolutely
           necessary
           for
           attaining
           all
           the
           Ends
           of
           Your
           Majesty's
           glorious
           Undertaking
           for
           our
           Relief
           .
        
         
           The
           Fourth
           ,
           is
           an
           Act
           concerning
           the
           
             Nomination
             of
             the
             ordinary
             Lords
             of
             Session
             ,
          
           and
           the
           
             Election
             of
             the
             President
          
           ,
           To
           wit
           ,
           that
           in
           a
           total
           Vacation
           they
           be
           tryed
           ,
           and
           admitted
           or
           rejected
           by
           Parliament
           ,
           and
           in
           a
           particular
           Vacation
           they
           be
           tryed
           and
           admitted
           ,
           or
           rejected
           by
           the
           other
           Lords
           :
           And
           that
           the
           President
           be
           chosen
           by
           the
           Lords
           themselves
           ,
           conform
           to
           our
           old
           Practique
           and
           express
           Statute
           .
           And
           this
           Act
           is
           so
           agreeable
           to
           Practique
           Laws
           and
           Acts
           of
           Parliament
           ,
           and
           so
           necessair
           for
           the
           true
           and
           equal
           Administration
           of
           Justice
           (
           the
           great
           security
           of
           all
           Kingdoms
           )
           that
           Your
           Majesty
           will
           unquestionably
           approve
           it
           .
        
         
           The
           Fifth
           and
           last
           is
           an
           Act
           Ordaining
           the
           
             Presbyterian
             Ministers
             yet
             alive
          
           ,
           who
           were
           thrust
           out
           since
           the
           First
           of
           January
           1661
           ,
           for
           not
           Conforming
           to
           Prelacy
           ,
           and
           not
           complying
           with
           the
           Courses
           of
           the
           Time
           ,
           to
           be
           restored
           .
           And
           this
           Act
           is
           in
           it self
           so
           just
           and
           so
           consequential
           from
           the
           Claim
           of
           Right
           ,
           and
           agreeable
           to
           Your
           Majesties
           Declaration
           ,
           that
           less
           in
           common
           Equity
           could
           not
           be
           done
           .
           And
           here
           Your
           Majesty
           may
           be
           pleased
           to
           consider
           ,
           That
           tho'
           Prelacy
           be
           now
           by
           Law
           abolished
           ,
           yet
           these
           few
           Ministers
           ,
           not
           exceeding
           Sixty
           ,
           (
           tho'
           restored
           ,
           as
           they
           are
           not
           ,
           for
           want
           of
           the
           Royal
           Assent
           to
           the
           foresaid
           Act
           )
           would
           be
           all
           the
           Presbyterian
           Ministers
           legally
           established
           and
           provided
           for
           in
           Scotland
           .
        
         
           It
           is
           not
           unknown
           to
           Your
           Majesty
           what
           have
           been
           the
           sad
           Confusions
           and
           Disorders
           of
           this
           distressed
           Country
           under
           Prelacy
           ,
           and
           for
           want
           of
           its
           ancient
           Presbyterian
           Government
           ;
           and
           now
           the
           whole
           West
           ,
           and
           many
           other
           Parts
           of
           Scotland
           ,
           are
           at
           present
           desolate
           and
           destitute
           ,
           having
           only
           Ministers
           
           called
           by
           the
           People
           upon
           the
           late
           Liberty
           ,
           without
           any
           Benefice
           or
           Living
           ,
           or
           convenient
           Place
           to
           Preach
           in
           .
           It
           is
           also
           certain
           ,
           that
           there
           are
           many
           Hundreds
           of
           forefaulted
           and
           sined
           Persons
           who
           are
           yet
           waiting
           to
           be
           restored
           and
           refounded
           ,
           according
           to
           the
           Claim
           of
           Right
           ,
           and
           Your
           Majesties
           Gracious
           Instructions
           thereanent
           .
        
         
           It
           is
           true
           ,
           the
           last
           Thing
           proposed
           by
           Your
           Majesties
           Commissioner
           in
           Parliament
           ,
           was
           a
           Supply
           of
           Money
           for
           Maintenance
           of
           the
           Forces
           so
           necessary
           for
           our
           present
           Defence
           ;
           and
           We
           should
           have
           proven
           our selves
           ungrateful
           to
           Your
           Majesty
           ,
           and
           false
           to
           our
           own
           Interest
           and
           Security
           ,
           if
           We
           had
           absolutely
           refused
           it
           :
           But
           there
           being
           a
           sufficient
           and
           certain
           Fund
           to
           maintain
           all
           the
           Forces
           ,
           and
           support
           all
           other
           incident
           Charges
           of
           the
           Government
           for
           some
           Months
           ;
           all
           that
           we
           demanded
           was
           ,
           That
           some
           things
           visibly
           necessair
           for
           Satisfaction
           of
           the
           Country
           ,
           and
           the
           better
           enabling
           and
           disposing
           them
           to
           pay
           the
           said
           Supply
           ,
           might
           be
           first
           expeded
           .
           We
           are
           confident
           that
           the
           Vote
           of
           Parliament
           ,
           which
           was
           only
           for
           a
           short
           Delay
           ,
           will
           not
           give
           Your
           Majesty
           the
           least
           ground
           of
           Offence
           .
        
         
           And
           now
           having
           presumed
           to
           lay
           these
           Things
           before
           Your
           Majesty
           with
           all
           humble
           Submission
           ,
           purely
           out
           of
           Duty
           for
           preventing
           the
           evil
           Constructions
           of
           Your
           Majesties
           Enemies
           ,
           and
           for
           our
           own
           just
           Vindication
           ;
           We
           most
           humbly
           beseech
           Your
           Sacred
           Majesty
           Graciously
           to
           Consider
           what
           is
           here
           represented
           ;
           and
           in
           Prosecution
           of
           Your
           Majesties
           Acceptance
           of
           the
           Claim
           of
           Right
           ,
           and
           Your
           Declaration
           emitted
           for
           this
           Kingdom
           ,
           to
           take
           such
           Courses
           as
           You
           in
           Your
           Royal
           Wisdom
           shall
           think
           fit
           ,
           for
           Passing
           the
           foresaid
           Acts
           of
           Parliament
           ,
           and
           Redressing
           all
           our
           other
           Grievances
           .
           And
           We
           Your
           Majesties
           most
           humble
           Petitioners
           and
           faithful
           Subjects
           ,
           shall
           ,
           as
           in
           Duty
           bound
           ,
           every
           Pray
           for
           Your
           long
           and
           prosperous
           Reign
           over
           Us.
           
        
         
           FINIS
           .