CROWN VOTED VACANT, AND AN ACT OF SETTLEMENT PASSED.
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 profest 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 forfaulted the right of 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.
WILLIAM AND MARY, 1688—1701.
THE CROWN TENDERED TO WILLIAM.
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 Queensbury, the marquisses 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 earl 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 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.
THE CONVENTION STATE THEIR GRIEVANCES.
In the meantime lord Dundee exerted himself with uncommon activity in behalf of his master. He had been summoned by a trumpet to return to the convention, 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 pres-byterians, 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 Holland from the violence 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 forty years had complied in all things with all governments. Though these were rigid pres-byterians, 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 seeds of discord and confusion. The Scottish convention, in their detail of grievances, enumerated 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.