State tracts, being a farther collection of several choice treaties relating to the government from the year 1660 to 1689 : now published in a body, to shew the necessity, and clear the legality of the late revolution, and our present happy settlement, under the auspicious reign of their majesties, King William and Queen Mary.

The Declaration of the Estates of Scotland concerning the Mis∣government of King James the Seventh, and filling up the Throne with King William and Queen Mary.

THAT King James the 7th had acted irregularly.

1. By His Erecting publick Schools and Societies of the Jesuits; and not only allowing Mass to be publickly said, but also inverting Protestant Chapels and Churches, to Publick Mass-houses, contrary to the express Laws against saying and hearing of Mass.

2. By allowing Popish Books to be Printed and Dispersed, by a Gift to a Popish Printer, designing him Printer to his Majesties Houshold, College and Chapel, con∣trary to the Laws.

3. By taking the Children of Protestant Noblemen and Gentlemen, sending them abroad to be bred Papists, making great Funds and Donations to Popish Schools and Colleges abroad; bestowing Pensions on Priests, and perverting Protestants from their Religion, by Offers of Places, Preferments and Pensions.

4. By disarming Protestants, while at the same time he employed Papists in the Places of greatest Trust, Civil and Military, such as Chancellor, Secretaries, Privy Councellors, and Lords of Session, thrusting out Protestants, to make room for Pa∣pists, and intrusting the Forts and Magazines of the Kingdom in their hands.

5. By Imposing Oaths contrary to Law.

6. By giving Gifts and Grants for exacting of Mony without Consent of Parlia∣ment, or Convention of Estates.

7. By Levying and keeping on foot a standing Army in time of Peace, without con∣sent of Parliament; which Army did exact Locality, free and day Quarters.

8. By Employing the Officers of the Army, as Judges through the Kingdom, and imposing them where there were held Offices and Jurisdictions, by whom many of the Leiges were put to Death summarily without legal Tryal, Jury or Record.

9. By imposing exorbitant Fines to the Value of the Parties Estates, exacting extra∣vagant Bail, and disposing Fines and Forfaulture before any Process or Conviction.

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

11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws, upon frivolous and weak pretences, upon lame and defective Probations; as particularly the late Earl of Argyle, to the scandal and reproach of the Justice of the Nation.

12. By Subverting the Right of the Royal Boroughs, the Third Estate of Parliament, imposing upon them not only Magistrates, but also the whole Town Council and Clerks, contrary to the Liberties and express Charters, without the pretence either of Sentence, Surrender or Consent: So that the Commissioners to Parliaments being chosen by the Magistrates and Councils, the King might in effect as well nominate that entire Estate of Parliament; many of the said Magistrates put in by him were avowed Papists; and the Burghs were forced to pay Mony for the Letters, imposing these Illegal Magistrates and Council upon them.

13. By sending Letters to the chief Courts of Justice, not only ordering the Judges to stop and desist sine die, to determine Causes, but also ordering 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, ad vitam aut culpam, and giving them Commissions ad bene placitum, to dispose them to compliance by Arbitrary Courses, turning them out of their Offices when they did not comply.

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

All which are utterly and directly contrary to the known Laws, Freedoms and Statutes 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 a King, without ever taking the Oath required by Law; and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom, and al∣tered it from a Legal, limited Monarchy, to an Arbitrary and 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 forfaulted 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 the Almighty God to make the glorious Instrument of delivering these Kingdoms from Popery and Arbitrary Power, did, by advice of se∣veral 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 Establish∣ment, as that their Religion, Laws and Liberties might not be again in danger of being subverted. And the said Estates being now assembled, in a full and free Repre∣sentative 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 Ancient Rights and Liberties, declare,

That by the Law of this Kingdom no Papist can be King or Queen of the 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 asserting an Absolute Power, to cass, annul and disable Laws; the erecting Schools and Colleges for Jesuits; the inverting Protestant Chapels 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 Funds and Donations to Popish Schools and Colleges; the bestowing Pensions on Priests, and the perverting Prote∣stants from their Religion by offers of Places, Preferments and Pensions, are contra∣ry to Law.

That the disarming of Protestants, and imploying Papists in the Places of greatest Trust, both Civil and Military; the thrusting out Protestants to make room for Pa∣pists, and the entrusting 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 Mony without the Consent of Parlia∣ment, or Convention of Estates, is contrary to Law.

That the employing Officers of the Army as Judges through the Kingdom, or im∣posing them where there were several Offices and Jurisdictions, and the putting the Lieges to death summarily, and without legal Tryal, Jury or Record, are contrary to Law.

That the imposing extraordinary Fines, the exacting of exorbitant Bail, and the disposing of Fines and Forfaultures before Sentence, are contrary to Law.

That the Imprisoning Persons, without expressing the reason thereof, and delaying to put them to Tryal, are contrary to Law.

That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws, upon frivolous and weak Pretences, upon lame and defective Probation, as particularly the late Earl of Argyle, are contrary to Law.

That the nominating and imposing Magistrates, Councils and Clerks upon Burghs, contrary to the 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 depend∣ing before them; and the changing the Nature of the Judges Gifts ad vitam aut culpam, unto Commissions Durante bene placito, are contrary to Law.

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

That the forcing the Lieges to depone against themselves in Capital Crimes, how∣ever 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 a Hostile 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.

That the charging the Lieges with Law-burroughs at the King's instance, and the imposing of Bands without the Authority of Parliament, and the suspending the Ad∣vocates from their Imployments for not compearing when such Bands were offered, were contrary to Law.

That the putting of Garisons on private Mens Houses in a time of peace, without the consent of the Authority of Parliament, is contrary to Law.

That the opinion of the Lords of Session in the two Causes following, were contrary to Law (viz.) 1. That the concerting the demand of a Supply for a Forfaulted Per∣son, although not given, is Treason. (2.) 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 Superiority of any Office in the Church above Presbyters, is and hath been a great and unsupportable Grievance and Trouble to this Nation, and con∣trary 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 Privilege of the Subjects to protest for remand of Law to the King and Parliament, against Sentences pronounced by the Lords of Session, pro∣viding the same do not stop execution of the said Sentences.

That it is the Right of the Subjects to Petition the King, and that all Imprison∣ments and Prosecutions for such Petitions are contrary to Law.

That for redress of all Grievances, and for the amending, strengthning and preser∣ving 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 and demand and insist upon all and sundry the Premisses, as their undoubted Right and Liberties, and that no Declarations, Doings or Proceedings to the prejudice of the People in any of the said Premisses, ought in any ways to be drawn hereafter in consequence and example, but that all Forfaultures, Fines, loss of Offices, Imprisonments, Banishments, Pursuits, Persecutions and Rigorous Executi∣ons be considered, and the Parties seized, be redressed.

To which demand of the Rights, and Redressing of their Grievances, they are particularly incouraged 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 remead therein.

Having therefore an entire Confidence, That his said Majesty the King of England, will perfyte the Deliverance so far advanced by him, and will still preserve them from the Violation of the 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, That William and Mary, King and Queen of England, France and Ireland, ••e and Be Declared King and Queen of Scotland; to Hold the Crown and Royal Dignity of the said Kingdom of Scot∣land, 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 Royal Power, be only in, and exer∣cised by him the said King, in the Names of the said King and Queen, during their joynt lives: And after their deceases, 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 instead thereof. And that the said Oath of Allegiance, and other Oaths and Declara∣tions, may 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.