A COLLECTION OF PAPERS RELATING TO The Calling and Holding the Convention of ESTATES OF ENGLAND, At Westminster upon the 22d. of January 1688/9.

AND THE MEETING of ESTATES OF SCOTLAND At Edinburgh the 14 of March 1689.

AND TO THE Procedures in the Conveyances of the CROWNS OF GREAT BRITAIN.

To Which is prefixed an INDEX of the said PAPERS.

EDINBURGH, Printed Anno Dom. MDCLXXXIX.

A COLLECTION OF THE PAPERS RELATING TO ENGLAND.

The DECLARATION of the LORDS Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guildhall 11 De­cember 1688.

WE doubt not but the World believes that, in this Great and Dangerous Conjuncture, We are heartily and zea­lously concerned for the Protestant Religion, the Laws of the Land, and the Liberties and Properties of the Subject. And We did reasonably hope, that the King having Issued His Proclamation, and Writs for a Free Parliament, We might have rested Secure under the Expectation of that Meeting: But His Ma­jesty having withdrawn Himself, and as We apprehend, in order to His De­parture out of this Kingdom, by the Pernicious Counsels of Persons ill [Page 2] Affected to Our Nation and Religion; We cannot, without being wanting to Our Duty, be silent under those Calamities, wherein the Popish Coun­sels which so long prevailed, have miserably involved these Realms. We do therefore Unanimously resolve to apply Our Selves to his Highness the Prince of Orange, who with so great Kindness to these Kingdoms, so vast Expence, and so much hazard to his own Person, hath Undertaken, by endeavouring to procure a Free Parliament, to rescue Us, with as little Effusion, as possible, of Christian Blood from the imminent Dangers of Popery and Slavery.

And We do hereby Declare, That We will, with our utmost Endeavours, assist his Highness in the obtaining such a Parliament with all speed, wherein Our Laws, Our Liberties and Properties may be Secured, the Church of England in particular, with a due Liberty to Protestant Dissenters, and in general the Protestant Religion and Interest over the whole World may be Supported and Encouraged, to the Glory of God, the Happiness of the Established Government in these Kingdoms, and the Advantage of all Princes and States in Christendom, that may be herein concerned.

In the mean time, We will Endeavour to preserve, as much as in Us lies, the Peace and Security of these great and populous Cities of London and Westminster, and the parts Adjacent, by taking Care to Disarm all Papists, and Secure all Jesuits and Romish Priests; who are in and about the same.

And if there be any thing more to be performed by Us, for promoting his Highness's Generous Intentions for the publick Good, We shall be ready to do it as occasion shall Require.

  • W. Cant.
  • Tho. Ebor.
  • Pembroke.
  • Dor set.
  • Mulgrave.
  • Thanet.
  • Carlisle.
  • Craven.
  • Ailesbury
  • Burlington.
  • Sussex.
  • Berkeley,
  • Rochester.
  • Newport.
  • Weymouth.
  • P Winchester
  • W. Asaph.
  • Fran. Ely.
  • Tho. Roffen.
  • Tho. Petriburg.
  • P. Wharton.
  • North & Gray.
  • Chandos.
  • Montague.
  • T. Jermyn.
  • Vaughan Carbery
  • Culpeper.
  • Crewe.
  • Osulston.

WHereas His Majesty hath privately this Morning withdrawn Him­self, We the Lords Spiritual and Temporal, whose Names are Subscribed, being assembled at Guildhall in London, having agreed upon, and Signed a Declaration, Intituled, The Declaration of the Lords Spiri­tual and Temporal, in and about the Cities of London and Westminster, [Page 3] assembled at Guildhall, 11 Dec. 1688. Do desire the Right Honourable the Earl of Pembroke, the Right Honourable the Lord Viscount Weymouth, the Reverend Father in God the Lord Bishop of Ely and the Right Honour­able the Lord Culpeper, forthwith to attend his Highness the Prince of Orange with the said Declaration, and at the same time acquaint his High­ness with what We have farther done at the Meeting. Dated at Guildhall the 11th of December 1688.

WE the Peers of this Realm, being assembled with some of the Lords of the Privy Council, Do hereby To Edward Jones Printer at the Savoy. Order and Require You forthwith to print and publish the Declaration herewith sent unto You. At the Council-Cham­ber in Whitehal, the 12th of December 1688.

  • Tho. Ebor.
  • Halifax.
  • Kent.
  • Anglesey.
  • Carlisle.
  • Ailesbury.
  • Sussex.
  • Berkeley.
  • Nottingham.
  • P. Winchester.
  • Tho. Petriburg
  • Tho. Roffen.
  • North and Grey.
  • Chandos.
  • T. Jermyn.
  • Crewe.
  • Osulston.

The LORDS Spiritual and Temporal Assembled at the House of Lords, West­minster December 25. 1688.

WE the Lords Spiritual and Temporal Assembled in this Conjuncture, Do Desire Your Highness to take upon You the Administration of publick Affairs, both Civil and Military, and the Disposal of the pub­lick Revenue, for the preservation of our Religion, Rights, Laws, Liberties and Properties, and of the Peace of the Nation; And that Your Highness will take into Your particular Care, the present condition of Ireland, and endeavour by the most speedy and effectual means, to prevent the Dangers threatning that Kingdom: All which we make our Requests to Your High­ness to undertake, and exercise, till the Meeting of the intended Conven­tion, the Two and twentieth of January next; in which we doubt not such proper Methods will be taken, as will conduce to the Establishment of these things upon such sure and Legal Foundations, that they may not be in Dan­ger of being again subverted

Dated at the House of Lords, Westminster, December the five and twentieth, 1688.

WE the Lords Spiritual and Temporal Assembled at Westminster in this Extraordinary Conjuncture, Do humbly Desire Your High­ness to cause Letters to be written, subscribed by Your self, to the Lords Spiritual and Temporal, being PROTESTANTS, and to the several Counties, Universities, Cities, Boroughs, and Cinque ports of England, Wales, and Town of Berwick upon Twede; the Letters for the Counties to be directed to the Coroners of the respective Counties; or any of them, and in Default of the Coroners the Clerk of the Peace of the respective Counties; and the Letters for the Universities to be directed to the re­spective Vice-Chancellors; and the Letters to the several Cities, Bo­roughs, and Cinque-ports, to be directed to the chief Magistrate of each respective City, Borough and Cinque-port, containing directions for the choosing in all such Counties, Cities, Universities, Boroughs and Cinque­ports, within ten Days after the receipt of the said respective Letters, such a number of persons to represent them as are of right to be sent to Parlia­ment; of which Elections, and the times and places thereof, the respective Officers shall give notice within the space of five Days at least. Notice of the intended Elections for the Counties to be published in the Churches im­mediately after the time of Divine-Service, and in all Market-Towns with­in the respective Counties; and notice of the intended Elections for the Cities, Universities, Boroughs, and Cinque-ports, to be published within the said respective places. The said Letters and the Execution thereof to be returned by such an Officer and Officers, who shall excute the same, to the Clerk of the Crown in the Court of Chancery, so as the persons so to be chosen may meet and sit at Westminster on the two and twentieth Day of January next.

Dated at the House of Lords, Westminster, December the 25th. 1688,

Both which were Signed by all the Lords Spiritual and Temporal then Assembled, and presented to His Highness the Prince of ORANGE the same day at St. James's.

His Highness the Prince of ORANGE'S Answer to the Lords Spiritual and Temporal, at St. James's December 28. 1688.

MY LORDS,

I Have considered of Your Advice, and as far as I am able, I will endea­vour to secure the Peace of the Nation, until the Meeting of the Con­vention [Page 5] in January next, for the Election whereof I will forthwith issue out Letters according to your Desire; I will also take care to apply the publick Revenue to the most proper Ʋses, that the present Affairs require; and likewise endeavour to put Ireland into such a Condition as that the PROTE­STANT RELIGION, and the English Interest may be Maintained in that Kingdom: And I farther assure you, That as I came hither for the preser­vation of the PROTESTANT RELIGION, and the Laws and Liberties of these Kingdoms, so I shall always be ready to Expose myself to any Ha­zard for the Defence of the same.

Die Martis, 12 Februarii, 1689.

The Declaration of the Lords Spiritual and Temporal, and Commons Assembled at Westminster, Presented to the King and Queen by the Right Honourable the Marquess of Hallifax Speaker to the House of Lords. With His Majesty's most Gracious Answer thereunto.

WHereas the late King James the Second, by the Assistance of divers Evil Counsellors, Judges, and Ministers Employ'd by Him, did endeavour to Subvert and Extirpate the Protestant Religion, and the Laws and Liberties of this Kingdom;

By Assuming and Exercising a Power of Dispensing with, and Suspend­ing of Laws, and the Execution of Laws, without Consent of Parliament

By Committing and Prosecuting divers worthy Prelates, for humbly Pe­titioning to be Excused from concurring to the said assumed Power.

By issuing, and causing to be Executed, a Commission under the Great Seal for erecting a Court called. The Court of Commissioners for Ecclesiasti­cal Causes.

By Levying Money for and to the Use of the Crown, by pretence of Pre­rogative, for other time, and in other manner, than the same was granted by Parliament.

By raising and keeping a standing Army within this Kingdom in time of Peace, without Consent of Parliament; and Quartering Souldiers contrary to Law.

By causing several Good Subjects, being Protestants, to be Disarmed at the same time, when Papists were both Armed and Imployed contrary to Law.

By violating the Freedom of Election of Members to serve in Parliament.

By prosecutions in the Court of Kings-Bench for Matters and Causes cognizable only in Parliament; and by divers other Arbitrary and Illegal Courses.

And whereas of late years Partial, Corrupt, and Unqualified Persons, have been returned and served on Juries in Trials, and particularly divers Jurors in Trials for High Treason, which were not Freeholders.

And Excessive Bail hath been required of persons committed in Criminal Cases, to elude the benefit of the Laws made for Liberty of the Subjects.

And Excessive Fines have been imposed.

And Illegal and Cruel Punishments inflicted.

And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the persons upon whom the same were to be levied.

All which are utterly and directly contrary to the known Laws and Sta­tutes, and Freedom of this Realm.

And whereas the said late King James the Second, having Abdicated the the Government, and the Throne being thereby vacant,

His Highness the Prince of Orange (whom it hath pleased Almighty God to make the Glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power) did (by the Advice of the Lords Spiritual and Temporal, and divers principal persons of the Commons) cause Letters to be written to the Lords Spiritual and Temporal, being Prote­stants, and other Letters to the several Counties, Cities, Universities, Bur­roughs, and Cinque ports, for the chusing such persons to represent them, as were of Right to be sent to Parliament, to Meet and Sit at Westminster upon the 22d. day of January in this year 1688 9 in order to such an Esta­blishment, as that their Religion, Laws and Liberties, might not again be in danger of being Subverted: Upon which Letters Elections having been accordingly made;

And thereupon the said Lords Spiritual and Temporal, and Commons, pursuant to their respective Letters and Elections, being now Assembled in a Full and Free Representative of this Nation, taking into their most serious Consideration the best Means for attaining the Ends aforesaid, do in the first place (as their Ancestors in like Case have usually done) for the Vindica­ting and Asserting their Antient Rights and Liberties, Declare,

That the pretended power of Suspending Laws, or the Execution of Laws, by Regal Authority, without Consent of Parliament, is Illegal.

That the pretended Power of Dispensing with Laws, or the Execution of Laws, by Regal Authority, as it hath been assumed and exercised of late, is Illegal.

That the Commission for erecting the late Court of Commissioners for Ec­clesiastical Causes, and all other Commissions and Courts of the like nature, are Illegal and Pernicious.

That levying Money for or to the Use of the Crown, by pretence of Prerogative, without Grant of Parliament, for longer time, or in other manner, than the same is or shall be granted, is Illegal.

That it is the Right of the Subjects to Petition the King, and all Com­mitments and Prosecutions for such Petitioning are Illegal.

That the raising or keeping a standing Army within the Kingdom in time of Peace, unless it be with Consent of Parliament, is against Law.

That the Subjects which are Protestants may have Arms for their De­fence suitable to their Condition, and as allowed by Law.

That Election of Members of Parliament ought to be free.

That the Freedom of Speech, and Debates or Proceedings in Parlia­ment, ought not to be impeached or questioned in any Court or place out of Parliament.

That Excessive Bail ought not to be required, nor Excessive Fines impo­sed, nor cruel and unusual Punishments inflicted.

That Jurors ought to be duly empannell'd and return'd, and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders.

That all Grants and Promises of Fines and Forfeitures of particular per­sons before Conviction, are Illegal and Void.

And that for redress of all Grievances, and for the amending, strengthen­ing and preserving of the Laws, Parliaments ought to be held frequently.

And they do claim, demand, and insist upon all and singular the Premi­ses, as their undoubted Rights and Liberties; and that no Declarations, Judgments, Doings, or Proceedings, to the prejudice of the people in any of the said premises, ought in any wise to be drawn hereafter into Con­sequence or Example.

To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange. as being the only means for obtaining a full redress and remedy therein.

Having therefore an intire Confidence, that His said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him, and will [Page 8] still preserve them from the violation of their Right, which they have here asserted, and from all other Attempts upon their Religion, Rights, and Liberties;

The said Lords Spiritual and Temporal, and Commons assembled at Westminster do resolve.

That William and Mary Prince and Princess of Orange be, and be de­clared, King and Queen of England, France, and Ireland, and the Do­minions thereunto belonging, to hold the Crown and Royal Dignity of the said Kingdoms and Dominions, to Them the said Prince and Princess, du­ring their Lives, and the Life of the Surviver of them; And that the sole and full Exercise of the Regal Power be only in, and executed by, the said Prince of Orange, in the Names of the said Prince and Princess during their joint Lives; and after their Deceases, the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess; and for default of such Issue, to the Princess Ann of Denmark, and the Heirs of Her Body; and for default of such Issue, to Heirs of the Body of the said Prince of Orange.

And the said Lords Spiritual and Temporal, and Commons, do pray the said Prince and Princess of Orange to accept the same accordingly.

And that the Oaths hereafter mentioned be taken by all persons of whom the Oaths of Allegiance and Supremacy might be required by Law, instead of them; and that the said Oaths of Allegiance and Supremacy be Ab­rogated.

I A. B. do sincerely promise and swear, That I will be faithful, and bear true Allegiance to Their Majesties King WILLIAM and Queen MARY.

So help me God.

I A. B. do swear, That I do from my heart Abhor, Detest, and Ab­jure, as Impious and Heretical, this Damnable Doctrine and Position,That Princes Excommunicated or Deprived by the Pope, or any Autho­rity of the See of Rome, may be Deposed or Murthered by their Subjects, or any other whatsoever. And I do declare, That no Foreign Prince, Person, Prelate, State, or Potentate, hath, or ought to have any Juris­diction, Power, Supremacy, Pre-eminence, or Authority Ecclesiastical or Spiritual, within this Realm.

So help me God.

Jo. Brown, Cleric' Parl.
Die Veneris 15 Feb. 1688.

His Majesties Gracious ANSWER to the DECLARATION of Both HOUSES.

My Lords and Gentlemen,

THis is certainly the greatest proof of the Trust you have in Us, that can be given, which is the thing that maketh Us value it the more; and We thankfully Accept what you have Offered. And as I had no o­ther Intention in coming hither, than to preserve your Religion, Laws and Liberties; so you may be sure, That I shall endeavour to support them, and shall be willing to concur in any thing that shall be for the good of the Kingdom, and to do all that is in My power to Advance the Welfare and Glory of the Nation.

The Names of the LORDS Spiritual and Temporal, who Deserted, (not Protested) against the Vote in the House of PEERS, the sixth Instant against the Word Abdicated, and the Throne Vacant, in the same Method as they Entred their Names in the Journal-Book.

  • Somerset.
  • Exeter.
  • Clarendon.
  • Bp. of Winchester.
  • A. Bp. of York.
  • Bp. of Lincoln.
  • Aylsbury.
  • Bp. of Norwich.
  • Bp. of Chichester.
  • Bp. of Bath and Wells.
  • Bp. of St. Davids.
  • Bp. of Peterborough.
  • Bp. of Gloucester.
  • Nottingham.
  • Litchfield.
  • Rochester.
  • Feversham.
  • Berckley.
  • Bp. of Landaff.
  • Dartmouth.
  • Griffin.
  • Bp. of Bristol.
  • Pembrook.
  • Ormond.
  • [Page 10]Beauford.
  • Brook.
  • Germayne.
  • Scarsdale.
  • Maynard.
  • Northumberland,
  • Arundel.
  • Chandois.
  • Leigh.
  • Delaware.
  • Grafton.
  • Abingdon.
  • Craven.

The Form of the Intended CORONATION OATH Agreed upon by the COMMITTEE.

A Bish

WILL You solemnly promise and Swear to Govern the Peo­ple of this Kingdom of England, and the Dominions there­to belonging, according to the Statutes in Parliament agreed on, and the Laws and Customes of the same?

King

I solemnly promise so to do.

A. Bish.

Will You to Your Power cause Law and Justice in Mercy to be Executed in all Your Judgements?

King

I will.

A. Bish.

Will You to the utmost of Your Power Maintain the Laws of God, the true profession of the Gospel, and the Protestant Reformed Reli­gion [Page 12] Established by Law? And will You preserve unto the Bishops and Clergy of this Realm, and to the Churches committed to their Charge, all such Rights and Priviledges as by Law do, or shall appertain unto them, or any of them?

King

All this I will promise to do.

After this the King laying His Hand upon the Holy-Gospel, shall say,
King.

All things which I have here before Promised, I will perform and keep.

So help me God.

Then the King shall Kiss the Book.
FINIS.

A COLLECTION OF THE PAPERS RELATING TO SCOTLAND.

Warrand of Conveening the Nobility and Gentry of Scotland at London for the Time.

THese are to Require you William Spence, to Advertise the Lords and Gentlemen of the Kingdom of Scotland, whose Names are con­tain'd in a List given to you That We desire Them to meet Us at St. James's, upon Monday the seventh Instant January by Three of the Clock in the Afternoon. Given at St. James's the 5th. day of Janu­ary, 1688 9.

Sic Subscribitur
W. H. PRINCE of ORANGE.

A DECLARATION By His Highness the Prince of Orange; for the keeping of the Peace, &c, in the Kingdom of SCOTLAND.

WILLIAM HENRY, By the Grace of GOD, Prince of Orange. &c.

WHEREAS the Lords and Gentlemen of the Kingdom of Scot­land met at Whitehall at Our Desire, to advise Us what was to be done for Securing the Protestant Religion, and Restoring the Laws and Liberties of that Kingdom, Have desired us to call a Meeting of the Estates in March next, and in the mean while to take upon us the Administration of publick Affairs, both Civil and Military, the disposal of the publick Revenue and Fortresses, and the doing every thing that is necessary for the preserv­ing of the Peace.

We being desirous to Omit nothing that may tend to the publick Good and Happiness of that Kingdome, Have (in pursuance of the said Advice) Issued forth Our Orders for the Calling of the said Meeting of the Estates; And to the end that in the mean time the publick peace, and the Fortresses may be Secured, and the Revenue Collected, we do hereby will and Require all Persons being Protestants that are at present in the Pos­session of the Offices of Sheriffs, Justices of the Peace, Magistrats of Burghs, Baillies of Regalities, Stewards of Sewartries, Governours or Lieu­tenants of Fortresses, keepers of Prisons or Prisoners, or in the Possession of any inferior Offices and Places of the like nature; and likewayes all Per­sons being Protestants that are in the possession of any office or Imployment, in Collecting, Receiving, Managing or ordering of the publick revenue, to take upon them, and to continue in the Exercise of the saids Offices and plac­es Respectively, Doing and Ordering every thing, which the Trust reposed [Page 19] in them, according to the Nature of the saids Offices, requires to be done, and ordered in the usual Manner, Form and Method; and we do in a parti­cular manner Authorize, Impower and Require, such of them to whom the Care of preserving the Peace and Quiet of the Nation belongs; To use all dili­gence for Supressing all Routs, Tumults, Disorders, Violences, and such other Unwarrantable Practices as are contrary to it: And we do hereby expresly prohibit and discharge all Disturbance and Violence upon the account of Religion, or the Exercise thereof, or any such like pretence, and that no Inter­ruption be made, or if any hath been made, that it Cease, in the Free and peaceable Exercise of Religion, whether it be in the Churches, or in the pub­lick and private meetings, of those of a different Perswasion. Requiring, Likeas we do hereby Require all Protestants, as they love the Good of their Countrey, and Religion, and are willing in their several Stations, and Ca­pacities to concurre with Us, in our Endeavours to bring Matters to a Hap­py and Desireable Settlement, that they will live peaceably together, and without Disquieting or Molesting one another; Enjoy their several Opinions and Forms of Worship, whether according to Law or otherwayes, with the same Freedom, and in the same manner, in which they did Enjoy them in the Month of October last, till such time, as by Regular and Legal Methods a due Temper may be fallen on, for Composing and Settling those Differen­ces: And to the End; that the Peace may be the more effectually Secured; We Require all Men, or Numbers of Men in Arms, by vertue of any order or Authority, and under any Title and Designation whatsoever, whether they be standing Forces, or Militia Forces, Modelled into Regular Troups, and kept on Foot, as standing Forces, to Separat, Dismiss, and Disband themselves; Likeas we do hereby Disband them, and appoint them to Retire to their respective Dwellings, with full assurance to them, that care shall be taken in due time for their having their Pay, if any shall be found due to them. And we do farther prohibite and Discharge, all persons in time com­ing to take Arms, or to continue in Arms upon any pretence whatsoever, without a commission, or an Express order from Us. Excepting from what is above Written, Likeas, We do hereby Except the Garisons of the For­tresses, and the Company of Foot entertained by the Town of Edin­burgh, for the Guard of the said Town, whom we do appoint to con­tinue in the Exercise of their duty (they being Protestants) in the saids Garisons and Town. And whereas, several Roman Catholicks have been, and are still in the possenssion of the Places and Offices above­mentioned: [Page 20] We do hereby Require them to leave the said Offices and Places; and to retire to their several Dwelling-houses, where we forbid and Discharge all Persons to Disquiet, Disturb, or Molest them any manner of way: And We appoint the next immediat Protestant Officers in the Fortresses, where Governours, Deputy-Governours, or other Officers are Roman Catholicks, to take upon them the Custody of the saids Fortresses, and in the same manner that the Protestants concerned in the Collecting and Managing of the Reve­nue, and the Keeping of the Peace, do Supply by their Diligence, the Va­cancies that are, or may happen to be in places of the like nature; This Our Declaration to be of force, and to take effect till the said Meeting of the Estates in March next; and to be without prejudice to any other Orders we may think fit to give to any Person, or Persons, for the ends above-mention­ed, And we do farther order this our Declaration to be Printed and Pub­lished at Edinburgh, and Printed Copies of the same to be given, or sent to the Shirreffs, and Stewart-Clerks of the several Shires and Stewartries, whom we do hereby Require to publish the same upon the first Mercat-day after the receipt thereof, at the Crosses of the Head Burghs of their respective Shires and Sewartries, in the due and usual manner.

Given at St. Jame's the Sixth day of February, in the Year of our Lord, One thousand six hundred eighty eight and nine.
W. H. Prince of Orange.

COPY of the LETTERS by the Prince of ORANGE to the three Estates of Scotland, for Sitting in the Meeting of Estates at Edinburgh 14 March 1689.

LETTER to the BISHOPS and LORDS.Locus Sigilli

MY LORD,

WHEREAS the Lords and Gentlemen of the Kingdom of Scot­land, met at Whitehall at Our Desire, to Advise what is to be done for Securing the Protestant Religion, and Restoring the Laws and Li­berties [Page 21] of that Kingdom according to Our Declarations, have for the attain­ing of these Ends Desired Us to call a Meeting of the Estates to be holden at Edinburg in March next. and to make sufficient Intimation of the same by Our Letters to all Persons who of Right ought to be at the said Meeting, We being Desirous to do every Thing that may Tend to the Publick Good and Happiness of that Kingdom; In pursuance of the said Advice, Do by this Our Letter, Desire your Lordship to Meet and Sit in the said Meeting of the Estates at Edinburgh the 14th Day of March next.

Given at St. James' s the Fifth of February in the Year of Our Lord 1689.
To the Lord [...]
Sic Subscribitur W. H. PRINCE of ORANGE.

LETTER to the SHIRES.Locus Sigilli

WHEREAS the Lords and Gentlemen of the Kingdom of Scot­land, met at White-Hall, at Our Desire, to Advise Us what is to be done, for Securing the Protestant Religion, and Restoring the Laws and Liberties of that Kingdom, according to Our Declarations, have de­sired Us, for the attaining of these Ends, to call a Meeting of the Estates, to be holden at Edinburgh, in March next.

We being desirous to do every thing that may tend to the Publick Good and Happiness of that Kingdom, have resolved to call the said Meeting a­gainst the fourteenth day of the said Month of March: And do therefore, in Pursuance, and according to the Tenor of the said Advice, require you, upon the receipt of this Our Letter, to give publick Intimation of the same, upon the first Mercat Day, at the Cross of the Head Burrough, of the Shire of in the due and usual manner; and to appoint a day to be at least eight Days after the said Intimation, for the Meeting of the Freeholders, at the Head Burrough of the said Shire, to choose their Com­missioners for the Meeting of the Estates at Edinburgh the said fourteenth day of March, and to leave a Copy hereof; and of your Intimation, con­taining [Page 22] the said day for Elections, affixed on the said Cross: The Free­holders being Protestants, and having the value of Lands, required by the Law, for making Elections; And the Commissioners being Prote­testants, without any other Exception or Limitation And We do far­ther Require you to take care, I hat the Letters herewith sent to you, be delivered to the Bishops and Lords, to whom they are directed within the said Shire: Or, in their Absence, to be left at their Dwelling Houses, be­fore Witnesses, and an Attest to be returned thereupon to the Convention:

Given at St. James's the fifth day of Feb in the year of our Lord, 1689.
Sic Subscribitur W. H. PRINCE of ORANGE.
To the Sheriff-Clerk of the Shire of [...]

LETTER to the BURROUGHS.

Locus Sigilli

WHEREAS the Lords and Gentlemen of the Kingdom of Scot­land, me at Whitehall, at Our desire, to Advise Us what is to be done, for Securing the Protestant Religion, and Restoring the Laws and Liberties of that Kingdom, according to Our Declarations, have desired Us, for the attaining these Ends, to call a Meeting of the Estates, to be holden at Edinburgh, in March next.

WEE being Desirous to do every Thing that may Tend to the publick Good and Happiness of that Kingdom, have Resolved to call the said Meet­ing against the Fourteenth Day of the said Month of March next; and do therefore in pursuance, and according to the Tenor of the said Advice, Re­quire you upon the Receipt of this Our Letter, to make publick Intimation of the some on the first Mercat Day at the Cross of the Royal Burrough of [...] in the usual manner, and to appoint a Day, to be at least Five Days after the said Intimation for the whole Burgesses to meet and chuse their Commissioners for the said Meeting of the Estates at Edinburgh the said Fourteenth Day of March, a Copy of this Our Letter and of your Intimation, containing the Day of Election to be left affixt on the said Cross. The Burgesles and Commissioners being Protestants, without any [Page 23] other Exception or Limitation. And that you Report your Diligence here­in to the Convention.

Given at St. James's the fifth day of Feb. in the Year of Our Lord 1689.
Sic Subscribitur W. H. PRINCE of ORANGE.
To the Town Clerk of the Town of [...]

A PROCLAMATION, Declaring WILLIAM and MARY KING and QUEEN of England, to be KING and QUEEN of Scotland Edinburgh, April 11th. 1689.

WHereas the Estates of the Kingdom of Scotland, by their Act of the date of these Presents, have Resolved, that William and Mary, King and Queen of England, France and Ireland, Be, and be Declared King and Queen of Scotland. to hold the Crown and Royal Dignity of the said Kingdom of Scotland, to them the said King and Queen during their Lives, and the longest Liver of them, and that the Sole and Full Exercise of the Regal Power, be only in, and Exercised by, the said King, in the Names of the said King and Queen, during their joint Lives. As also, the Estates having resolved, and enacted an Instrument of Government, or claim of Right, to be presented with the offer of the Crown, to the said King and Queen. They do Statute and Ordain, That William and Mary King and Queen of England, France and Ireland; be accordingly forthwith proclaim­ed King and Queen of Scotland, at the Mercat-Cross of Edinburgh, by the Lyon King at Arms, or his Deputs, his Brethren Heraulds, Macers and Pursevants, and at the Head-Burghs of all the Shires, Stewartries, Baillia­ries, and Regalities within the Kingdom, by Messengers at Arms.

Extract­ed forth of the Records of the Meeting of the Estates, by me
JA. DALRYMPLE, Cls.

GOD Save KING WILLIAM and QUEEN MARY.

The DECLARATION of the Estates of the Kingdom of Scotland, Containing the Claim of Right, and the Offer of the CROWN to their Majesties King WILLIAM and Queen MARY. Together with the Grievances Represented by the Estates, and Their MAJESTIES Oath at Their Acceptance of the CROWN.

Edinburgh, the Eleventh day of April. 1689.

WHereas King James the Seventh, being a profest Papist, did As­sume the Regal Power, and Acted as King, without ever taking the Oath Required by Law, whereby the King, at His Access to the Govern­ment, is oblidged to Swear, to maintain the Protestant Religion, and to Rule the People According to the Laudable Laws; and did by the Advice of Wicked and Evil Counsellers, Invade the Foundamental Constitution of this Kingdom, and Altered it from a Legal Limited Monarchy, to an Arbitrary Despotick Power; And in a Publick Proclamation, asserted an Absolute Power, to cass, annul and dissable all the Laws, Particularly Arrainging the Laws, establishing the Protestant Religion, and did Exerce that Power, to the Subversion of the Protestant Religion, and to the Violation of the Laws and Liberties of the Kingdom.

By Erecting Publick Schools, and Societies of the Jesuits; and not only allowing Mass to be publickly said, but also inverting Protestant Chap­pels and Churches to publick Mass-Houses, contrary to the Express Laws against Saying and hearing of Mass.

By allowing Popish-Books to be Printed, and dispersed by a Gift to a Popish Printer; Designing him Printer to his Majesties Houshold, Colledge and Chappel, contrary to the Laws.

By taking the Children of Noblemen and Gentlemen, sending and keep­ing them abroad, to be bred Papists, making great Fonds and Dotations to Popish Schools and Colledges abroad; bestowing Pensions upon Priests, and Perverting Protestants from their Religion, by offers of Places, Preferments and Pensions.

By dis-arming Protestants, while at the same time he Imployed Papists in the Places of greatest Trust, Civil and Military; Such as Chancellor, Se­cretaries, Privy Counsellers, and Lords of Session, Thrusting out Protestants, [Page 25] to make Room for Papists, and entrusted the Forts and Magazins of the Kingdom in their Hands.

By Imposing Oaths contrary to Law.

By giving Gifts and Grants for Exacting Money, without Consent of Parliament, or Convention of Estates.

By Levying or keeping on Foot a standing Army in time of Peace with­out Consent of Parliament, which Army did exact Locality, free and dry Quarters.

By Imploying the Officers of the Army, as Judges through the Kingdom, and Imposing them where there were Heretable Offices and Jurisdictions, by whom many of the Leidges were put to Death summarly, without Legal Tryal, Jury or Record.

By Imposing Exorbitant Fines, to the Value of the Parties Estates, Ex­acting Extravagant Baile; and disposing Fines and Forefeitures before any Process or Conviction.

By Imprisoning persons without expressing the Reason, and delaying to put them to Tryal.

By causing Pursue and Forefeit several Persons upon stretches of old and obsolete Laws, upon frivolous and weake Pretences, upon Lame and De­fective Probations; as particularly the late Earle of Argyl, to the Scandal and Reproach of the Justice of the Nation.

By Subverting the Right of the Royal Burghs, the third Estate of Parlia­ment, Imposing upon them not only Magistrats, but also the whole Town-Council, and Clerks, contrary to their Liberties, and Express Charters without the Pretence either of Sentence, Surrender, or Consent; So that the Commissioners to Parliaments being chosen by the Magistrats and Council, the King might in effect as well nominat that intire Estate of Par­liament, and many of the saids Magistrats put in by him, were avowed Pa­pists, and the burghs were forced to pay Mony for the Letters, Imposing these Illegal Magistrats and Councils upon them.

By sending Letters to the Chief Court of Justice, not only ordaining the Judges to stop and desist sine die to determine Causes; but also ordaining and Commanding them how to proceed, in Cases depending before them, con­trary to the Express Laws; and by changing the Nature of the Judges Gifts advitam aut culpam, and giving them Commissions ad beneplacitum, to dispose them to compliance with Arbitrary Courses, and turning them out of their Officis when they did not Comply.

By granting Personal Protections for Civil Debts, contrary to Law.

All which are utterly and directly contrary to the known Laws, Statutes and Freedoms of this Realm.

Therefore the Estates of the Kingdom of Scotland, Find and Declare, that King James the Seventh being a Profest Papist, did assume the Regal Power, and Acted as King, without ever taking the Oath required by Law, and hath by the Advice of Evil and Wicked Counsellers, Invaded the Fun­damental Constitution of the Kingdom, and altered it from a Legal Limi­ted Monarchy, to an Arbitrary Despotick Power, and hath Exercised the same, to the Subversion of the Protestant Religion, and the Violation of the Laws and Liberties of the Kingdom, Inverting all the ends of Govern­ment, whereby he hath Forefeited the Right to the Crown, and the Throne is become Vacant.

And whereas His Royal Highness, William then Prince of Orange, now King of England; whom it hath pleased Almighty GOD to make the Glorious Instrument of delivering these Kingdoms from Popery, and Arbi­trary Power, Did, by the Advice of Several Lords and Gentlemen of this Nation, at London for the time, call the Estates of this Kingdom to meet the Fourteenth of March last, In Order to such an Establishment, as that their Religion, Laws and Liberties might not be again in Danger of being Subverted; And the saids Estates being now Assembled, in a Full and Free Representative of this Nation, Taking to their most serious Consideration, the best Means for attaining the Ends aforesaid, Do, in the first place, as their Ancestors in the like Cases have usually done, for the Vindicating and Asserting their Antient Rights, and Liberties, Declare.

That by the Law of this Kingdom, no Papist can be King or Queen of this Realm, nor bear any Office whatsoever therein; nor can any Prote­stant Successor exercise the Regal Power, until He or She Swear the Coro­nation Oath.

That all Proclamations aslerting an Absolute Power, to Cass, Annull, and Disable Laws, the Erecting Schools and Colledges for Jesuits, the In­verting Protestant Chappels and Churches to publick Mass-Houses, and the allowing Mass to be said, are contrary to Law.

That the Allowing Popish Books to be Printed and Dispersed, is con­trary to Law.

That the taking the Children of Noblemen, Gentlemen, and others, sending and keeping them abroad to be bred Papists, the making Fonds and Dotations ro Popish Schools and Colledges, the bestowing Pensions on Priests, and the perverting Protestants from their Religion, by offers of Places, Preferments, and Pensions, are contrary to Law.

That the Disarming of Protestants, and Imploying of Papists in the places of greatest Trust, both Civil and Military, the thrusting out of Pro­testants, to make room for Papists, and the intrusting Papists with the Forts and Magazines of the Kingdom, are contrary to Law.

That the Imposing Oaths without Authority of Parliament, is contrary to Law.

That the giving Gifts or Grants for raising of Money, without the con­sent of Parliament, or Convention of Estates is contrary to Law

That the Imploying the Officers of the Army as Judges through the Kingdom, or Imposing them where there were Heretable Offices and Ju­risdictions, and the putting the Leidges to death summarly, and without Legal Tryal, Jury, or Record, are contrary to Law.

That the Imposing of extraordinary Fines, the exacting of exorbitant Baile, and the disposing of Fines, and Forfeitures before Sentence, are contrary to Law.

That the Imprisoning persons, without expressing the Reason thereof, and delaying to put them to Tryal, is contrary to Law.

That the causing Pursue and Forfeit persons, upon stretches of old and obsolete Laws, upon frivolous and weak pretences, upon lame and defective Probation, as particularly the late Earl of Argile, are contrary to Law.

That the Nominating and Imposing the Magistrates, Councils, and Clerks, upon Burghs, contrary to their Liberties, and express Charters, is contrary to Law

That the sending Letters to the Courts of Justice, Ordaining the Judges to stop or desist from Determining Causes, or Ordaining them how to pro­ceed in Causes depending before them, and the changing the nature of the Judges Gifts ad vitam aut culpam, into Commissions dur ante beneplacito, are contrary to Law.

That the granting Personal Protections for Civil Debts, is contrary to Law.

That the forcing the Leidges to Depone against themselves in Capital Crimes, however the punishment be restricted, is contrary to Law

That the using Torture without Evidence, or in ordinary Crimes, is con­trary to Law.

That the sending of an Army in an Hostile manner, upon any part of the Kingdom, in a peaceable time, and exacting of Locality, and any man­ner of free Quarters, is contrary to Law.

That the Charging of the Leidges with Law-borrows at the King's in­stance, and the Imposing of Bonds without the Authority of Parliament, and the Suspending Advocats from their Imployment for not Compearing when such Bonds were offered, were contrary to Law.

That the putting of Garisons in private Mens Houses in time of eace, without their consent, or the Authority of Parliament, is contrary to Law.

That the Opinions of the Lords of Session in the two Cases following, were contrary to Law, viz. 1st. That the concealing the demand of a Supply for a Forefeited Person although not given, is Treason. 2d. That Persons refusing to discover what are their private Thoughts and Judg­ments, in relation to points of Treason, or other mens Actions, are guilty of Treason.

That the Fining Husbands for their Wives withdrawing from the Church, was contrary to Law.

That Prelacy and the Superiority of any Office in the Church, above Presbyters, is and hath been a great and insupportable Grievance and Trouble to this Nation, and contrary to the Inclinations of the Generality of the People, ever since the Reformation (they having Reformed from Popery by Presbyters) and therefore ought to be Abolished.

That it is the Right and Priviledge of the Subjects, to protest for Remeed of Law to the King and Parliament, against Sentences pronounced by the Lords of Session, providing the same do not stop Execution of these Sentences.

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

That for Redress of all Grievances, and for the Amending, Strengthning, and Preserving of the Laws, Parliaments ought to be frequently called, and allowed to sit, and the freedom of Speech and Debate secured to the Members.

And they do Claim, Demand, and Insist upon all and sundry the Pre­misses, as their undoubted Rights and Liberties, and that no Declarations Doings, or Proceedings, to the prejudice of the people, in any of the saids Premisses, ought in any wise to be drawn hereafter, in Consequence or Example, but that all Foreseiturs, Fines, loss of Offices, Imprisonments, Banishments, Pursuits, Persecutions, Tortures, and rigorous Executions be considered, and the Parties Lesed be Redressed,

To which Demand of their Rights, and Redressing of their Grievances, they are particularly encouraged by his Majesty, the King of England His Declaration for the Kingdom of Scotland, of the day of October last, as being the only means for obtaining a full Redress and Remedy therein.

Having therefore an entire Confidence, that His said Majesty, the King of England, will perfect the Deliverance so far advanced by Him, and will still preserve them from the Violation of their Rights, which they have here Asserted, and from all other Attempts upon their Religion, Laws and Li­berties.

The said Estates of the Kingdom of Scotland, Do Resolve WILLIAM and MARY, King and Queen of England, France and Ireland, Be, and be Declared King and Queen of Scotland, to hold the Crown and Royal Dignity of the said Kingdom of Scotland, to Them the said King and Queen, during their Lives, and the longest Liver of them, and that the Sole and Full Exercise of the Regal Power, be only in, and Exercised by Him the said King, in the Names of the said King and Qeen, during their Joynt Lives, and after their Decease, the said Crown and Royal Dignity of the said Kingdom, to be to the Heirs of the Body of the said Queen, which failing, to the Princess Ann of Denmark, and the Heirs of her Body, which also failing to the Heirs of the Body of the said WILLIAM King of England.

And they do Pray the said King and Queen of England to accept the same accordingly.

And that the Oath hereafter mentioned, be Taken by all Protestants of whom the Oath of Allegiance, and any other Oaths and Declarations might be required by Law, in slead of them, and that the said Oath of Allegiance, and other Oaths and Declarations may be Abrogated.

[Page 30]

The OATH.

I. A. B. Do sincerely Promise and Swear, That I will be Faithful, and bear True Allegiance to Their Majesties, King WILLIAM and Queen MARY.

So help me God.

And the Estates do Ordain, That this Declaration be Ingrossed in Parch­ment, and Recorded in the Register Books of Parliament.

Follows the Grievances Represented by the Estates of the Kingdom of SGOTLAND, to the KING s most Excellent Majesty, to be Redressed in PARLIAMENT.

THe Estates of the Kingdome 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.

That the first Act of Parliament 1669. Is inconsistent with the Establish­ment of the Church Government, now desired, and ought to be Abrogat­ed.

That Forefeitures in prejudice of Vassals, Creditors and Heirs of Entail, are a great Grievance.

That the obliging the Liedges to Depone upon Crimes against Delin­quents, otherwayes than when they are Adduced in special processes, as Witnesses, is a great Grievance.

That Assizes of Error are a Grievance, and that Juries be considered by Parliament.

That the eighteenth Act of Parliament 1681. Declaring a Cumulative Ju­risdiction, is a Grievance.

That the Commisiariot Courts, as they are now Constitute, are a Grie­vance.

That the Twenty seventh Act of Parliament 1663. Giving to the King Power to Impose Custom at pleasure, upon Forraign import and Trade, is a Grievance and prejudicial to the Trade of the Nation.

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

That the Banishment by the Council of the greatest part of the Advocats from Edinburgh, without a process, was a Grievance.

That the most of the Laws Enacted in the Parliament Anno 1685. are Im­pious and Intollerable Grievances.

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

That the Levying, or keeping on Foot a standing Army in time of Peace, without consent of Parliament, is a Grievance.

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

That the Grievances of the Burrows be considered and Redressed in the first Parliament.

The OATH taken by the King and Queen at Their Acceptance of the Grown of Scotland.

WE WILLIAM and MARY, King and Queen of Scotland, Faith­fully Promise and Swear by this Our Solemn OAIH, in presence of the Eternal GOD, That during the whole Course of Our Life, We will Serve the same Eternal GOD, to the utmost of our Power, according as He has Required in his most Holy Word, Revealed and Contained in the Old and New Testaments; and according to the same Word, shall Main­tain the True Religion of Christ Jesus, the Preaching of His Holy Word, and the due and right Ministration of the Sacraments, now Received and Preached within the Realm of Scotland; and shall Abolish and Gainstand all False Religion, contrary to the same; and shall Rule the People com­mitted to Our Charge, according to the Will and Command of GOD, Re­vealed in His aforesaid Word, and according to the Love able Laws and [Page 32] Constitutions, Received in this Realm, no ways Repugnant to the said Word of the Eternal GOD, and shall procure to the uttermost of Our Power, to the Kirk of God, and whole Christian People, true and perfect Peace, in all time coming, That We shall preserve and keep Inviolated the Rights and Rents, with all just priviledges of the Crown of Scotland; Nei­ther shall We Transfer nor Alienat the same; That We shall Forbid and Repress, in all Estates and Degrees, Reif, Oppression, and all kind of Wrong; And We shall command and procure, That Justice and Equity in all Judgments, be keeped to all persons without Exception, as the Lord and Father of all Mercies shall be merciful to Us: And We shall be Careful to Root out all Hereticks and Enemies to the true Worship of GOD, that shall be Convict by the True Kirk of GOD, of the foresaids Crimes, out of Our Lands and Empire of Scotland And We Faithfully Affirm the Things above written by Our Solemn Oath.

Signed by Us at Whitehall, the Eleventh Day of May, one thousand six hundred fourscore and nine years.
  • WILLIAM R.
  • MARY R.
At Edinburgh, the 21 of June 1689.

HIs Majesties Commissioner, and the Estates of Parliament, Do ordain the Declaration of the Estates of this Kingdom, containing the claim of Right, and the offer of the Crown to their Majesties King William and Queen Mary; with the Grievances Represented by the Estates, and the Oath taken and Signed by the King and Queen, at their acceptance of the Crown, to be Printed.

Extracted out of the Records of Parliament, by
AL. GIBSON Cls.
[...]INIS.

THE INDEX. PAPERS Relating to ENGLAND.

  • THe Declaration of the Lords Spiritual and Temporal in and about the Cities of London and Westminster Assembled at Guild hall 11 December 1688. Page 1
  • The Lords Spiritual and Temporal Assembled at the House of Lord's Westminster December 25. 1688. Their desire to the Prince of Orange to take upon Him the Administration of publick Affairs till the meeting of the Convention. p. 3.
  • The saids Lords their Desire to his Highness to Issue out Writs for calling a Convention of Estates the 22 January 1689. p. 4
  • His Highness the Prince of Orange's Answer to the Lords Spiritual and Temporal at St. James's December 28. 1688. Ibid.
  • The Grievances of England, together with the offer of the CROWN to the Prince and Princess of Orange. With the Oath of Allegiance and Su­premacy. p. 5
  • His Majesties Gracious Answer thereto. p. 9
  • The Names of the Lords Spiritual and Temporal, who Deserted (not Protested) against the Word Abdicated and the Throne Vacant. Ibid.
  • An Account of the Proclaiming the King and Queen. p. 10
  • The Coronation Oath. p. 11

THE INDEX. PAPERS Relating to SCOTLAND:

  • W and for Conveening the Nobility and Gentry of Scotland, at London for the time. page 13.
  • The Prince of Orange his Speech to the Scots Lords and Gentlemen, with their Address and his Highness Answer. With a true Account of what past at their Meeting in the Council Chamber at Whitehall Jan. 7 1689. p. 14
  • A Declaration by his Highness the Prince of Orange for keeping of the Peace, &c. In the Kingdom of Scotland. p. 18
  • Copy of the Letters by the Prince of Orange to the three Estates of Scot­land for Sitting in the Meeting of Estates at Edinburgh 14 March 1689 p. 20
  • A Proclamation declaring William and Mary King and Queen of England to be King and Queen of Scotland. p. 23
  • The Declaration of the Estates of the Kingdom of Scotland; containing the Clam of Right and the Offer of the CROWN to their Majesties King William and Queen Mary. Together with the Grievances represented by the Estates, and their Majesties Oath at their Acceptance of the CROWN. p. 24
FINIS

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