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<DATE>2010-02-25</DATE>
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<NAME>Taryn Hakala</NAME>
<RESP>MURP</RESP>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>THE DECLARATION OF THE ESTATES OF THE KINGDOM OF SCOTLAND, Containing the Claim of Right, and the Offer of the CROWN to Their <HI>Maje&s;ties,</HI> King <HI>WILLIAM</HI> and Queen <HI>MARY:</HI> Together with the Grievances Repre&s;ented by the E|&s;tates; and Their <HI>Maje&s;ties</HI> Oath at Their Accep|tance of the CROWN.</P>
<P><HI>Edinburgh,</HI> Printed by the Heir of <HI>Andrew Ander&s;on,</HI> by Order of Parliament, <HI>Anno DOM.</HI> 1689.</P>
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<GAP DESC="duplicate" EXTENT="1 page">
</DIV1>
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<BODY>
<DIV1 TYPE="declaration">
<PB REF="3">
<PB N="3" REF="3">
<HEAD>The Declaration of the <HI>E&s;tates</HI> of the Kingdom of <HI>Scot|land,</HI> containing the Claim of Right, and the Offer of the CROWN to their <HI>Maje&s;ties</HI> King <HI>WIL|LIAM</HI> and Queen <HI>MARY.</HI></HEAD>
<OPENER><DATELINE><HI>Edinburgh,</HI> <DATE>the Eleventh day of <HI>April,</HI> 1689.</DATE></DATELINE></OPENER>
<P>WHereas King <HI>James</HI> the Seventh, being a profe&s;t <HI>Papi&s;t,</HI> did A&s;&s;ume the Regal Power, and Acted as King, without ever taking the Oath required by Law, whereby the King, at His Acce&s;s to the Government, is obliged to Swear, to maintain the Prote&s;tant Religion, and to Rule the People according to the Laudable Laws; and did by the Advice of Wicked and Evil Coun&s;ellers, In|vade the Fundamental Con&s;titution of this Kingdom, and Altered it from a Legal Limited Monarchy, to an Arbitrary De&s;potick Power; And in a pub|lick Proclamation, a&s;&s;erted an Ab&s;olute Power, to ca&s;s, anull and di&s;&s;able all the Laws, particularly Arraigning the Laws, e&s;tabli&s;hing the Prote&s;tant Religion, and did Exerce that Power, to the Subver&s;ion of the Prote&s;tant Religon, and to the Violation of the Laws and Liberties of the Kingdom.</P>
<P>By Erecting Publick Schools, and Societies of the <HI>Je&s;uits;</HI> and not only allowing <HI>Ma&s;s</HI> to be publickly &s;aid, but al&s;o Inverting Prote&s;tant Chap|pels and Churches to publick <HI>Ma&s;s-Hou&s;es,</HI> contrary to the Expre&s;s Laws again&s;t Saying and Hearing of <HI>Ma&s;s.</HI></P>
<P>By allowing <HI>Popi&s;h-Books</HI> to be Printed, and di&s;per&s;ed by a Gift to a <HI>Popi&s;h</HI> Printer; De&s;igning him Printer to His <HI>Maje&s;ties</HI> Hou&s;hold, Colledge and Chappel, contrary to the Laws.</P>
<P>By taking the Children of Prote&s;tant Noblemen and Gentlemen, &s;end|ing and keeping them abroad, to be bred <HI>Papists,</HI> making great Fonds and Dotations to <HI>Popi&s;h</HI> Schools and Colledges abroad; be&s;towing Pen&s;ions upon Prie&s;ts, and perverting Prote&s;tants from their Religion, by offers of Places, Preferments and Pen&s;ions.</P>
<P>By di&s;-arming Prote&s;tants, while at the &s;ame time he Imployed <HI>Papi&s;ts</HI> in the Places of greate&s;t Tru&s;t, Civil and Military; Such as Chancellor, Se|cretaries, Privy Coun&s;ellers, and Lords of Se&s;&s;ion, thru&s;ting out Prote&s;tants, to make Room for <HI>Papists,</HI> and entru&s;ting the Forts and Magazins of the King|dom in their hands.</P>
<P>By Impo&s;ing Oaths contrary to Law.</P>
<P>By giving Gifts and Grants for exacting Money, without Con&s;ent of <HI>Par|liament,</HI> or Convention of <HI>Estates.</HI></P>
<P>By Levying, or keeping on Foot a &s;tanding Army in time of Peace, without Con&s;ent of <HI>Parliament,</HI> which Army did exact Locality, free and dry Quarters.</P>
<P>By Imploying the Officers of the Army, as Judges through the King|dom, and Impo&s;ing them where there were Heretable Offices and Juri&s;|dictions, by whom many of the Leidges were put to death &s;ummarly, with|out Legal Tryal, Jury or Record.</P>
<P>By Impo&s;ing Exorbitant Fines, to the Value of the Parties E&s;tates, Ex|acting Extravagant Bale; and di&s;po&s;ing Fines and Forefaultures before any Proce&s;s or Conviction.</P>
<PB N="4" REF="4">
<P>By Impri&s;oning Per&s;ons without expre&s;&s;ing the Rea&s;on, and delaying to put them to Tryal.</P>
<P>By cau&s;ing Pur&s;ue and Forefault &s;everal Per&s;ons upon &s;tretches of old and ob&s;olete Laws, upon frivolous and weak Pretences, upon Lame and Defective Probations; as particularly the late Earl of <HI>Argyl,</HI> to the Scandal and Re|proach of the Ju&s;tice of the Nation.</P>
<P>By Subverting the Right of the Royal Burghs, the third E&s;tate of <HI>Parliament,</HI> Impo&s;ing upon them not only Magi&s;trats, but al&s;o the whole Town-Council, and Clerks, contrary to their Liberties, and Expre&s;s Char|ters without the Pretence either of Sentence, Surrender, or Con&s;ent; So that the Commi&s;&s;ioners to <HI>Parliaments</HI> being cho&s;en by the Magi&s;trats and Council, the King might in effect al&s;e well nominat that entire E&s;tate of <HI>Par|liament;</HI> and many of the &s;aids Magi&s;trats put in by him, were avowed <HI>Pa|pists,</HI> and the Burghs were forced to pay Money for the Letters, Impo&s;ing the&s;e Illegal Magi&s;trats and Councils upon them.</P>
<P>By &s;ending Letters to the Chief Court of Ju&s;tice, not only ordaining the Judges to &s;top and de&s;i&s;t <HI>&s;ine die</HI> to determine Cau&s;es; but al&s;o Ordering and Commanding them how to proceed, in Ca&s;es depending before them, contrary to the Expre&s;s Laws; and by changing the Nature of the Judges Gifts <HI>ad vitam aut culpam,</HI> and giving them Commi&s;&s;ions <HI>ad beneplacitum,</HI> to di&s;po&s;e them to Complyance with Arbitrary Cour&s;es, and turning them out of their Offices, when they did not Comply.</P>
<P>By granting Per&s;onal Protections for Civil Debts, contrary to Law.</P>
<P>All which are utterly and directly contrary to the known Laws, Statutes and Freedoms of this Realm.</P>
<P>Therefore the E&s;tates of the Kingdom of <HI>Scotland,</HI> Find and Declare, that King <HI>James</HI> the Seventh being a Profe&s;t <HI>Papi&s;t</HI> did A&s;&s;ume the Regal Power, and Acted as King, without ever taking the Oath, required by Law, and hath by the Advice of Evil and Wicked Coun&s;ellers, Invaded the Fundamental Con&s;titution of the Kingdom, and altered it from a Legal Limited Monarchy, to an Arbitrary De&s;potick Power, and hath Exerci&s;ed the &s;ame, to the Sub|ver&s;ion of the Prote&s;tant Religion, and the Violation of the Laws and Liber|ties of the Kingdom, Inverting all the Ends of Government, whereby he hath Forefaulted the Right to the Crown, and the Throne is become Vacant.</P>
<P>And whereas His Royal Highne&s;s, <HI>William</HI> then Prince of <HI>Orange,</HI> now King of <HI>England,</HI> whom it hath plea&s;ed Almighty GOD to make the Glori|ous in&s;trument of delivering the&s;e Kingdoms from <HI>Popery,</HI> and Arbitrary Power, Did, by the Advice of Several Lords and Gentlemen of this Nation, at <HI>London</HI> for the time, call the E&s;tates of this Kingdom to meet the Fourteenth of <HI>March</HI> la&s;t, In Order to &s;uch an E&s;tabli&s;hment, as that their Religion, Laws and Liberties might not be again in Danger of being Subverted; And the &s;aids E&s;tates being now A&s;&s;embled, in a Full and Free Repre&s;entative of this Nation, Taking to their mo&s;t &s;erious Con&s;ideration, the be&s;t Means for attaining the Ends afore&s;aid, Do, in the fir&s;t Place, as their Ance&s;tors in the like Ca&s;es have u&s;ually done, for the Vindicating and A&s;&s;erting their Ancient Rights, and Liberties, Declare,</P>
<P>That by the Law of this Kingdom, no Papi&s;t can be King or Queen of this Realm, nor bear any Office what&s;oever therein; nor can any Prote&s;tant Suc|ce&s;&s;or exerci&s;e the Regal Power, untill He or She Swear the Coronation Oath.</P>
<P>That all Proclamations a&s;&s;erting an Ab&s;olute Power, to Ca&s;s, Annull, and Di&s;able Laws, the Erecting Schools and Colledges for <HI>Je&s;uits,</HI> the Inverting Prote&s;tant Chappels and Churches to Publick Ma&s;s-hou&s;es, and the allowing Ma&s;s to be &s;aid, are contrary to Law.</P>
<PB N="5" REF="4">
<P>That the Allowing Popi&s;h Books to be Printed and Di&s;per&s;ed, is contrary to Law.</P>
<P>That the taking the Children of Noble-men, Gentle-men, and others, &s;end|ing and keeping them abroad to be bred Papi&s;ts, the making Fonds and Do|tations to Popi&s;h Schools and Colledges, the be&s;towing Pen&s;ions on Prie&s;ts, and the perverting Prote&s;tants from their Religion, by offers of Places, Prefer|ments, and Pen&s;ions, are contrary to Law.</P>
<P>That the Di&s;arming of Prote&s;tants, and Imploying Papi&s;ts in the Places of greate&s;t Tru&s;t, both Civil and Military, the thru&s;ting out Prote&s;tants, to make room for Papi&s;ts, and the intru&s;ting Papi&s;ts with the Forts and Magazines of the Kingdom, are contrary to Law.</P>
<P>That the Impo&s;ing Oaths without Authority of Parliament, is contrary to Law.</P>
<P>That the giving Gifts or Grants, for rai&s;ing of Money, without the con&s;ent of Parliament, or Convention of E&s;tates, is contrary to Law.</P>
<P>That the imploying the Officers of the Army as Judges through the King|dom, or Impo&s;ing them where there were Heretable Offices and Jurisdictions, and the putting the Leidges to death &s;ummarly, and without Legal Tryal, Ju|ry, or Record, are contrary to Law.</P>
<P>That the Impo&s;ing of extraordinary Fines, the exacting of exorbitant Bale, and the di&s;po&s;ing of Fines, and Forfaultures before Sentence, are contrary to Law.</P>
<P>That the Impri&s;oning Per&s;ons, without expre&s;&s;ing the Rea&s;on thereof, and delaying to put them to Tryal, is contrary to Law.</P>
<P>That the cau&s;ing Pur&s;ue and Forefault Per&s;ons, upon &s;tretches of old and ob&s;olete Laws, upon frivolous and weak pretences, upon lame and defective Probation, as particularly the late Earl of <HI>Argile,</HI> are contrary to Law.</P>
<P>That the Nominating and Impo&s;ing the Magi&s;trats, Councils, and Clerks, upon Burghs, contrary to their Liberties and expre&s;s Charters, is contrary to Law.</P>
<P>That the &s;ending Letters to the Courts of Ju&s;tice, Ordaining the Judges to &s;top or de&s;i&s;t from Determining Cau&s;es, or Ordaining them how to proceed in Cau&s;es depending before them, and the changing the nature of the Judges Gifts <HI>ad vitam aut culpam,</HI> into Commi&s;&s;ions <HI>durante beneplacito,</HI> are contrary to Law.</P>
<P>That the granting Per&s;onal Protections for Civil Debts, is contrary to Law.</P>
<P>That the forcing the Leidges to Depone again&s;t them&s;elves in Capital Crimes, however the puni&s;hment be re&s;tricted, is contrary to Law.</P>
<P>That the u&s;ing Torture without Evidence in ordinary Crimes, is contrary to Law.</P>
<P>That the &s;ending of an Army in an Ho&s;tile manner, upon any part of the Kingdom, in a peaceable time, and exacting of Locality, and any manner of free Quarter, is contrary to Law.</P>
<P>That the Charging of the Leidges with Law-borrows at the King's in&s;tance, and the Impo&s;ing of Bonds without the Authority of Parliament, and the Su&s;pend|ing Advocats from their Imployments, for not Compearing when &s;uch Bonds were offered, were contrary to Law.</P>
<P>That the putting of Garri&s;ons in privat Mens Hou&s;es in time of Peace, with|out their con&s;ent, or the Authority of Parliament, is contrary to Law.</P>
<P>That the Opinions of the Lords of Se&s;&s;ion in the two Ca&s;es following, were contrary to Law, <HI>viz.</HI> 10. That the concealing the demand of a Supply for a Forefaulted Per&s;on, although not given, is Trea&s;on. 20. That Per&s;ons re|fu&s;ing
<PB N="6" REF="5">to di&s;cover what are their privat Thoughts and Judgments, in relation to points of Trea&s;on, or other mens Actions, are guilty of Trea&s;on.</P>
<P>That the Fyning Husbands for their Wives withdrawing from the Church, was contrary to Law.</P>
<P>That Prelacy &amp; the Superiority of any Office in the Church, above Presbyters, is and hath been a great and in&s;upportable grievance and trouble to this Nati|on, and contrary to the Inclinations of the Generality of the People, ever &s;ince the Reformation (they having Reformed from Popery by Presbyters) and therefore ought to be aboli&s;hed.</P>
<P>That it is the Right and Priviledge of the Subjects, to Prote&s;t for Remeed of Law to the King and Parliament, again&s;t Sentences pronounced by the Lords of Se&s;&s;ion, providing the &s;ame do not &s;top Execution of the&s;e Sentences.</P>
<P>That it is the Right of the Subjects to Petition the King, and that all Impri|&s;onments and Pro&s;ecutions for &s;uch Petitioning, are contrary to Law.</P>
<P>That for Redre&s;s of all Grievances, and for the Amending, Strengthning, and Pre&s;erving of the Laws, Parliaments ought to be frequently called, and al|lowed to &s;it, and the freedom of Speech and Debate &s;ecured to the Members.</P>
<P>And they do Claim, Demand, and In&s;i&s;t upon all and &s;undry the Premi&s;&s;es, as their undoubted Right and Liberties, and that no Declarations, Doings, or Proceedings, to the prejudice of the People, in any of the &s;aid Premi&s;&s;es, ought in any wi&s;e to be drawn hereafter, in Con&s;equence or Example, but that all Forefaulturs, Fines, lo&s;s of Offices, Impri&s;onments, Bani&s;hments, Pur|&s;uits, Per&s;ecutions, Tortures, and rigorous Executions be con&s;idered, and the Parties Le&s;ed be Redre&s;&s;ed.</P>
<P>To which Demand of their Rights, and Redre&s;&s;ing of their Grievances, they are particularly encouraged by his Maje&s;ty, the King of <HI>England</HI> His Declarati|on for the Kingdom of <HI>Scotland,</HI> of the day of <HI>October</HI> la&s;t, as being the only means for obtaining a full Redre&s;s and Remedy therein.</P>
<P>Having therefore an entire Confidence, that His &s;aid Maje&s;ty, the King of <HI>England,</HI> will perfect the Deliverance &s;o far advanced by Him, and will &s;till pre&s;erve them from the Violation of their Rights, which they have here A&s;|&s;erted, and from all other Attempts upon their Religion, Laws and Liberties.</P>
<P>The &s;aid E&s;tates of the Kingdom of <HI>Scotland,</HI> Do Re&s;olve that <HI>WILLIAM</HI> and <HI>MARY,</HI> King and Queen of <HI>England, France</HI> and <HI>Ireland,</HI> Be, and be De|clared King and Queen of <HI>Scotland,</HI> to hold the Crown and Royal Dignity of the &s;aid Kingdom of <HI>Scotland,</HI> to Them the &s;aid King and Queen, during Their Lives, and the longe&s;t Liver of Them, and that the Sole and Full Exer|ci&s;e of the Regal Power, be only in, and Exerci&s;ed by Him the &s;aid King, in the Names of the &s;aid King and Queen, during their Joynt Lives, and after their Decea&s;e, the &s;aid Crown and Royal Dignity of the &s;aid Kingdom, to be to the Heirs of the Body of the &s;aid Queen, which failing, to the Prince&s;s <HI>Ann</HI> of <HI>Denmark,</HI> and the Heirs of her Body, which al&s;o failling, to the Heirs of the Body of the &s;aid <HI>WILLIAM</HI> King of <HI>England.</HI></P>
<P>And they do Pray the &s;aid King and Queen of <HI>England</HI> to accept the &s;ame accordingly.</P>
<P>And that the Oath hereafter mentioned, be Taken by all Prote&s;tants, of whom the Oath of Allegiance, and any other Oaths and Declarations might be required by Law, in &s;tead of them, and that the &s;aid Oath of Allegiance, and other Oaths and Declarations may be Abrogated.</P>
<PB N="7" REF="5">
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="oath">
<HEAD>The OATH.</HEAD>
<P><HI>I</HI> A. B. <HI>Do &s;incerely Promi&s;e and Swear, That I will be Faithful, and bear True Allegiance to Their Majesties, King</HI> WILLIAM <HI>and Queen</HI> MARY. <HI>So help me GOD.</HI></P>
<P>And the E&s;tates Do Ordain, That this Declaration be Ingro&s;&s;ed in Parch|ment, and Recorded in the Regi&s;ter Books of Parliament.</P>
</DIV1>
</BODY>
</TEXT></Q>
</DIV1>
<DIV1 TYPE="grievances">
<HEAD>Follows the Grievances Repre&s;ented by the E&s;tates of the Kingdom of <HI>SCOTLAND,</HI> to the KING'S mo&s;t Excellent Maje&s;ty, to be Redre&s;&s;ed in <HI>PARLIAMENT.</HI></HEAD>
<P>THE Estates of the Kingdom of <HI>Scotland,</HI> Do Repre&s;ent, 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 &s;uch as are freely Cho&s;en by the Estates, to prepare Motions and Overtures that are fir&s;t made in the Hou&s;e.</P>
<P>That the fir&s;t Act of Parliament <HI>1669.</HI> Is incon&s;i&s;tent with the Establi&s;h|ment of the Church-Government, now de&s;ired, and ought to be Abrogated.</P>
<P>That Forefaulturs in prejudice of Va&s;sals, Creditors and Heirs of Entail, are a great Grievance.</P>
<P>That the obliging the Liedges to Depone upon Crimes again&s;t Delinquents, otherwayes than when they are Adduced in &s;pecial Proce&s;ses, as Witne&s;&s;es, is a great Grievance.</P>
<P>That A&s;&s;izes of Error are a Grievance, and that Juries be con&s;idered by Parliament.</P>
<P>That the eighteenth Act of Parliament <HI>1681.</HI> Declaring a Cumulative Ju|ri&s;diction, is a Grievance.</P>
<P>That the Commi&s;sariot Courts, as they are now Con&s;titute, are a Grievance.</P>
<P>That the Twenty &s;eventh Act of Parliament <HI>1663.</HI> Giving to the King Power to Impo&s;e Cu&s;tom at plea&s;ure, upon Forraign Import and Trade, is a Grievance, and prejudicial to the Trade of the Nation.</P>
<P>That the not taking an Effectual Cour&s;e to Repre&s;s the Depredations and Rob|beries by the Highland Clans, is a Grievance.</P>
<P>That the Bani&s;hment by the Council of the greate&s;t part of the Advocat from <HI>Edinburgh,</HI> without a Proce&s;s, was a Grievance.</P>
<P>That the most of the Laws Enacted in the Parliament <HI>Anno 1685.</HI> are Impious and Intollerable Grievances.</P>
<P>That the Marriage of a King or Queen of this Realm to a Papi&s;t, is Dan|gerous to the Protestant Religion, and ought to be provided again&s;t.</P>
<P>That the Levying, or Keeping on Foot a Standing Army in time of peace, without Con&s;ent of Parliament, is a Grievance.</P>
<P>That all Grievances relating to the Manner and Mea&s;ure of the Leidges, their Repre&s;entation in Parliament be Con&s;idered and Redre&s;&s;ed in the fir&s;t Par|liament.</P>
<P>That the Grievances of the Burrows be Con&s;idered and Redre&s;sed in the first Parliament.</P>
</DIV1>
<DIV1 TYPE="oath">
<PB N="8" REF="6">
<HEAD>The OATH taken by the King and Queen at Their Ac|ceptance of the Crown of <HI>Scotland.</HI></HEAD>
<P>WE <HI>WILLIAM</HI> and <HI>MARY,</HI> King and Queen of <HI>Scotland,</HI> Faithfully Promi&s;e and Swear by this Our Solemn <HI>OATH,</HI> in pre&s;ence of the Eternal <HI>GOD,</HI> That during the whole Cour&s;e of Our Life, We will Serve the &s;ame Eternal <HI>GOD,</HI> to the utmo&s;t of Our Power, according as He has Required in His mo&s;t Ho|ly Word, Revealed and Contained in the Old and New Te&s;taments; and according to the &s;ame Word, &s;hall Maintain the True Religion of Chri&s;t Je|&s;us, the Preaching of His Holy Word, and the due and right Mini&s;tration of the Sacraments, now Received and Preached within the Realm of <HI>Scotland;</HI> and &s;hall Aboli&s;h and Gain&s;tand all Fal&s;e Religion, contrary to the &s;ame; and &s;hall Rule the People committed to Our Charge, according to the Will and Command of GOD, Revealed in His afore&s;aid Word, and according to the Love-able Laws and Con&s;titutions, Received in this Realm, no wayes Repug|nant to the &s;aid Word of the Eternal GOD, And &s;hall procure to the utter|mo&s;t of Our Power, to the Kirk of GOD, and whole Chri&s;tian People, true and perfect Peace, in all time coming, That We &s;hall pre&s;erve and keep In|violated the Rights and Rents, with all ju&s;t Priviledges of the Crown of <HI>Scot|land;</HI> Neither &s;hall We Transfer nor Alienat the &s;ame; That We &s;hall For|bid and Repre&s;s, in all E&s;tates and Degrees, Reife, Oppre&s;&s;ion, and all kind of Wrong; And We &s;hall Command and Procure, That Ju&s;tice and Equity in all Judgments, be keeped to all per&s;ons without Exception, as the Lord and Father of all Mercies &s;hall be merciful to Us: And We &s;hall be Careful to Root out all Hereticks and Enemies to the true Wor&s;hip of GOD, that &s;hall be Convict by the True Kirk of GOD, of the fore&s;aids Crimes, out of Our Lands and Empyre of <HI>Scotland:</HI> And We Faithfully Affirm the Things above-written by Our Solemn Oath. Signed by Us at <HI>Whitehall,</HI> the Ele|venth Day of <HI>May,</HI> One thou&s;and &s;ix hundred four&s;core and nine years.</P>
<CLOSER><SIGNED>WILLIAM R. MARY R.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="license">
<HEAD>At <HI>Edinburgh,</HI> the 21 of <HI>June</HI> 1689.</HEAD>
<P>HIs Maje&s;ties Commi&s;sioner, and the E&s;tates 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 <HI>William</HI> and Queen <HI>Mary;</HI> With the Grievances Repre&s;ented by the E&s;tates; 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</P>
<CLOSER><SIGNED><HI>AL. GIBSON,</HI> Cls</SIGNED></CLOSER>
<TRAILER>FINIS.</TRAILER>
<PB REF="6">
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
