solving the convention, or impeding their procedure, they were a free and lawful meeting of the states; and would continue undissolved, until they should have settled and secured the protestant religion, the government, laws, and liberties of the kingdom. Having taken this precaution, they proceeded to examine the letter of the late sovereign, who conjured them to support his interest as faithful subjects, and eternize their names by a loyalty suitable to their former professions. He said he would not fail to give them such speedy and powerful assistance as would enable them to defend themselves from any foreign attempt; and even to assert his right against those enemies who had depressed it by the blackest usurpations and unnatural attempts, which the Almighty God would not allow to pass unpunished. He offered pardon to all those who should return to their duty before the last day of the month; and threatened to punish rigorously such as should stand out in rebellion against him and his authority.

XIX. This address produced very little effect in favour of the unfortunate exile, whose friends were greatly outnumbered in this assembly. His messenger was ordered into custody, and afterwards dismissed with a pass instead of an answer. James foreseeing this contempt, had, by an instrument, dated in Ireland, authorized the archbishop of Glasgow, the earl of Balcarras, and the viscount Dundee, to call a convention of the estates at Stirling. These three depended on the interest of the marquis of Athol and the earl of Mar, who professed the warmest affection for the late king; and they hoped a secession of their friends would embarrass the convention, so as to retard the settlement of king William. Their expectations, however, were disappointed. Athol deserted their cause; and Mar suffered himself to be intercepted in his retreat. The rest of their party were, by the vigilance of the duke of Hamilton, prevented from leaving the convention, except the viscount Dundee, who retreated to the mountains with about fifty horse, and was pursued by order of the estates. This design being frustrated, the convention approved and recognised, by a solemn act, the conduct of the nobility and gentlemen who had entreated the king of England to take upon him the administration. They acknowledged their obligation, to the

prince of Orange, who had prevented the destruction of their laws, religion, and fundamental constitution; they besought his highness to assume the reins of government for that kingdom: they issued a proclamation, requiring all persons, from sixteen to sixty, to be in readiness to take arms when called upon for that purpose; they conferred the command of their horse militia upon sir Patrick Hume, who was formerly attainted for having been concerned in Argyle's insurrection: they levied eight hundred men for a guard to the city of Edinburgh, and constituted the earl of Leven their commander: they put the militia all over the kingdom into the hands of those on whom they could rely: they created the earl of Mar governor of Stirling castle: they received a reinforcement of five regiments from England, under the command of Mackay, whom they appointed their general; and they issued orders for securing all disaf fected persons. Then they despatched lord Ross, with an answer to king William's letter, professing their gratitude to their deliverer, and congratulating him upon his success. They thanked him for assuming the administration of their affairs, and assembling a convention of their estates. They declared they would take effectual and speedy measures for securing the protestant religion, as well as for establishing the government, laws, and liberties of the kingdom. They assured him they would, as much as lay in their power, avoid disputes and animosities; and desired the continuance of his majesty's care and protection.

§ XX. After the departure of lord Ross, they appointed a committee, consisting of eight lords, eight knights, and as many burgesses, to prepare the plan of a new settlement: but this resolution was not taken without a vigorous opposition from some remaining adherents of the late king, headed by the archbishop of Glasgow; all the other prelates, except he of Edinburgh, having already deserted the convention. After warm debates, the committee agreed in the following vote: "The estates of the kingdom of "Scotland, find and declare, That king James VII. being a professed papist, did assume the royal power, and act "as a king, without ever taking the oath required by law; "and had, by the advice of evil and wicked counsellors, "invaded the fundamental constitution of this kingdom,

"and altered it from a legal and limited monarchy to an "arbitrary despotic power, and had governed the same to “the subversion of the protestant religion, and violation of "the laws and liberties of the nation, inverting all the ends "of government; whereby he had forfeited the right of 66 the crown, and the throne was become vacant." When this vote was reported, the bishop of Edinburgh argued strenuously against it, as containing a charge of which the king was innocent; and he proposed that his majesty should be invited to return to his Scottish dominions. All his arguments were defeated or overruled, and the house confirmed the vote, which was immediately enacted into a law by a great majority. The lord president declared the throne vacant, and proposed that it might be filled with William and Mary, king and queen of England. The committee was ordered to prepare an act for settling the crown upon their majesties, together with an instrument of government for securing the subjects from the grievances under which they laboured.

§ XXI. On the eleventh day of April, this act, with the conditions of inheritance, and the instrument, were reported, considered, unanimously approved, and solemnly proclaimed at the market cross of Edinburgh, in presence of the lord president, assisted by the lord provost and magistracy of the city, the duke of Queensberry, the marquises of Athol and Douglas, together with a great number of the nobility and gentry. At the same time they published another proclamation, forbidding all persons to acknowledge, obey, assist, or correspond with the late king James; or, by word, writing, or sermon, to dispute or disown the royal authority of king William and queen Mary; or to misconstrue the proceedings of the estates, or create jealousies or misapprehensions with regard to the transactions of the government, on pain of incurring the most severe penalties. Then, having settled the coronation oath, they granted a commission to the carl of Argyle for the lords, to sir James Montgomery for the knights, and to sir John Dalrymple for the boroughs, empowering them to repair to London, and invest their majesties with the government. This affair being discussed, the convention appointed a committee to take care of the public peace, and VOL. I. E

adjourned to the twenty-first day of May. On the eleventh day of that month, the Scottish commissioners being introduced to their majesties at Whitehall, presented first a preparatory letter from the estates, then the instrument of government, with a paper containing a recital of the grievances of the nation; and an address, desiring his majesty to convert the convention into a parliament. The king having graciously promised to concur with them in all just measures for the interest of the kingdom, the coronation oath was tendered to their majesties by the earl of Argyle. As it contained a clause, importing, that they should root out heresy, the king declared, that he did not mean by these words, that he should be under an obligation to act as a persecutor: the commissioners replying, that such was not the meaning or import of the oath, he desired them, and others present, to bear witness to the exception he had made,

He

XXII. In the mean time, lord Dundee exerted himself with uncommon activity in behalf of his master. had been summoned by a trumpet to return to the convention, but refused to obey the citation, on pretence that the whigs had made an attempt upon his life; and that the deliberations of the estates were influenced by the neighbourhood of English troops, under the command of Mackay. He was forthwith declared a fugitive, outlaw, and rebel. He was rancorously hated by the presbyterians, on whom he had exercised some cruelties, as an officer under the former government: and for this reason the states resolved to inflict upon him exemplary punishment. Parties were detached in pursuit of him and Balcarras. This last fell into their hands, and was committed to a common prison; but Dundee fought his way through the troops that surrounded him, and escaped to the Highlands, where he determined to take arms in favour of James, though that prince had forbid him to make any attempt of this nature, until he should receive a reinforcement from Ireland. While this officer was employed in assembling the clans of his party, king William appointed the duke of Hamilton commissioner to the convention parliament. The post of secretary for Scotland was bestowed upon lord Melvil, a weak and servile nobleman, who had taken refuge in Hol

land from the violences of the late reigns: but the king depended chiefly for advice upon Dalrymple lord Stair, president of the college of justice, an old crafty fanatic, who for fifty years had complied in all things with all governments. Though these were rigid presbyterians, the king, to humour the opposite party, admitted some individuals of the episcopal nobility to the council board; and this intermixture, instead of allaying animosities, served only to sow the seed of discord and confusion. The Scottish convention, in their detail of grievances, enumer ated the lords of the articles; the act of parliament in the reign of Charles II. by which the king's supremacy was raised so high that he could prescribe any mode of religion according to his pleasure; and the superiority of any office in the church above that of presbyters. The king in his instructions to the lord commissioner, consented to the regulation of the lords of the articles, though he would not allow the institution to be abrogated; he was contented that the act relating to the king's supremacy should be rescinded, and that the church government should be established in such a manner as would be most agreeable to the inclinations of the people.

§ XXIII. On the seventeenth day of June, duke Hamilton opened the Scottish parliament, after the convention had assumed this name, in consequence of an act passed by his majesty's directions; but the members in general were extremely chagrined when they found the commissioners so much restricted in the affair of the lords of the articles, which they considered as the chief grievance. The king permitted that the estates should choose the lords by their own suffrages; and that they should be at liberty to reconsider any subject which the said lords. might reject. He afterwards indulged the three estates with the choice of eleven delegates each, for this com

g The lords of the articles, by the gradual usurpation of the crown, actually constitated a grievance intolerable in a free nation. The king empowered the commissioner to choose eight bishops, whom he authorized to nominate eight noblemen: these together chose eight barons, and eight burgesses; and this whole number, in conjunction with the officers of state as supernumeraries, constituted the lords of the articles. This committee possessed the sole exclusive right and liberty of bringing in motions, making overtures for redressing wrongs, and proposing means and expedients for the relief, safety, and benefit of the subjects.` Proceedings of the Scots Darliament vindicated.