pr SX .’-*" :K*% l |py^ mmr. k & f.k^i fc\aSTSy;iL ii IjlPr A: ac; c wm^cM pp Hf/j yj ; jpyif«r 2& -v*^ > . ; '^/ IS?5<£ H |j|iv ■» s -pj^. C"*-^3 rrwvytr^ 'f ns^an 'M JPIffiSaa 072 >^VVtf jffSij-^S &4SI5SS3BWI F i f Digitized by the Internet Archive in 2018 with funding from Princeton Theological Seminary Library https://archive.org/details/historyofsufferi04wodr_0 Published bit ft Untie t'l'Uar'pn Sr Cc Glasgcw. ■S’ • A. FuHarton, k P° Erh'nburok- THU HISTORY OR THE SUFFERINGS # » OF THE “ >% CHURCH OF SCOTLAND * FROM THE RESTORATION TO THE REVOLUTION BY THE REY. ROBERT WODROW MINISTER OF THE GOSPEL AT EASTWOOD. WITH AN ORIGINAL MEMOIR OF THE AUTHOR, EXTRACTS FROM HIS CORRESPONDENCE, A PRELIMINARY DISSERTATION, AND NOTES, BY THE REV. ROBERT BURNS, D.D. F. A. S.E. ■ MINISTER OF ST. GEORGE'S, PAISLEY; AUTHOR OF HISTORICAL DISSERTATIONS ON THE POOn . • OF SCOTLAND ; TREATISE ON PLURALITIES, ETC. IN FOUR VOLUMES. VOL. IV. GLASGOW: PUBLISHED BY BLACKIE, FULLARTON, & CO. AND A. FULLARTON & CO., EDINBURGH. M.DCCC.XXX. , ■ . CONTENTS OF VOLUME FOURTH. BOOK III. from 1684 to 1688. Chap. VIII. Of the state and sufferings of presbyterians during the year 1684, 1. Sect. 1. Of the procedure of the council re¬ lative to the sufferings this year, 2 — proclama¬ tion with a list of fugitives, May 5th, 1684, 12 — proclamation against rebels, July 22d, 1684, 31. Sect. 2. Of the sufferings of particular per¬ sons, noblemen, gentlemen, ministers, and others, not to death, this year, 37. Sect. 3. Of the proceedings of the criminal court, forfeitures, and public executions this year, 57. Sect. 4. Of the council and criminal processes against the laird of Cesnock, the earl of Low- don, Mr Spence, the reverend Mr William Carstairs, the laird of Jerviswood, and others, alleged to be concerned in the plot this year, 71 — Cesnock’s indictment, 72 — Ces- nock’s advocate’s defences, 75 — king’s advo¬ cate’s answers, 78 — Cesnock’s lawyers’ du¬ plies, 80 — Sir George Lockhart’s triplies to Cesnock’s advocates, 83 — Cesnock’s lawyers’ quadruples, 84. Sect. 5. Of the procedure at the circuit courts, October, 1684, 113 — proclamation for the oaths of masters of vessels, September 15th, 1684, 116 — proclamation for passes, September 16th, 1684, 117. Sect. 6. Of the exorbitant fining, and long imprisonment of a considerable number of gen¬ tlemen after those courts, November and De¬ cember, 1684, 136. Sect. 7. Of the apologetical declaration emit¬ ted by the society people, the murder at Swine Abbey, and the severe procedure, commissions and proclamations following thereupon, Novem¬ ber and December, 1684, 147 — society people’s declaration, especially against informers and in¬ telligencers, November 8th, 1684, 148 — procla¬ mation against a treasonable declaration, Decem¬ ber 30th, 1684, 160. Sect. 8. Some general hints of the persecution, particular hardships and murders in the fields, with some other accounts which came not so well in upon the former sections this year, 168 — proclamation for lieutenant in Tarbet and the Highlands, May 5th, 1684, 179. Chap. IX. Of the state and sufferings of presbyterians during the year 1685, 181. Sect. 1. Of the persecution this year on the score of the society’s declaration, 182. Sect. 2. Of the procedure of the council, and their committees, till the king’s death, 187. Sect. 3. Of king Charles his death, February 6th, the accession of his brother, with the more general procedure of the council, during the fol¬ lowing part of this year, 1 99 —Secretary’s letter to the council upon the king’s death, Feb¬ ruary 6th, 1685, 201 — proclamation, king James VII. Edinburgh, February 10th, 1685, ib. — king’s indemnity, February 26th, and March 2d, 1685, 205 — commission to Colonel Douglas, March 27th, 1685, 207. Sect. 4. Of the sufferings and treatment of particular persons this year, before the privy council, 211. Sect. 5. Of the procedure of the justiciary court this year, 224. Sect. 6. Of the murders in the fields, the bar¬ barous drowning of women within the sea mark, the murder at l’olmadie, and others this year, 239. Sect. 7. Of the searchings, oppressions, and harassings through the country, and other suf¬ ferings of Presbyterians, not unto death, till the parliament this year, 1685, 253 — proclamation, magistrates of Edinburgh, January 9th, 1685, ib. Sect. 8. Of the actings of the parliament con¬ vened April 23d, as far as they relate to the church, 259 — king’s letter to parliament, com¬ missioner and chancellor’s speech, with the par¬ liament’s answer, April 28th, 1685, ib. — parlia¬ ment’s offer of duty, April 28th, 1685, 266 — proclamation for putting the kingdom in a pos¬ ture of defence, April 28th, 1685, 267 — act for the test, May 13th, 1685, 274 — act anent justices of the peace, 275 — act for regularity, 279. Sect. 9. Of the unsuccessful attempt of the Earl of Argyle, May, 1685, to rescue the nation and church from the burdens they were under, with some account of his taking, trial, and mar¬ tyrdom, 282 — declaration of the earl of Argyle, with the noblemen, gentlemen, &c. 1685, 286 — ■ Argyle’s declaration to his vassals, 290. Sect. 10. Of the acts of parliament against the earl of Argyle, the execution of Rumbold and Mr Thomas Archer, and the forfeitures and great trouble others were brought to for this un¬ successful attempt, 308 — proclamation against traitors and fugitives, June 24th, 1685, 311. Sect. 11. Of the sufferings and hardships en¬ dured by the prisoners sent to Dunotter, May, this year, with some further view of severities exercised through the country during the sitting of parliament, and after the earl of Argyle’s at¬ tempt, 321. Sect. 12. Of the hardships of the prisoners transported to America with Pitlochie, in Sep¬ tember, particularly those of the laird of Bar- magechan, 331. Sect. 13. Of the sufferings and deaths of which I have not the particular dates, with some other incidental things this year, 1685, not formerly noticed, 336 — act, magistrates of Edinburgh, October 28tb, 1685, 346. Chap. X. Of the state and sufferings of pres¬ byterians in the year 1686, 353. IV CONTENTS. Sect. 1. Of the procedure of the justiciary, murders in the fields, and othev branches of the persecution this year, 1686, 351. Sect. 2. Of the proceedings of the parliament which met April 29th, this year, with the dis¬ appointment of the project for rescinding of the penal statutes, 358 — king’s letter to the parlia¬ ment, with the parliament’s answer, and the commissioner’s speech, April 29th, 1686, 359 — act anent the penal statutes, 1686, 366 — reasons why none who own the present government, can consent to abolish the penal statutes, 1686, 367 — reasons for abrogating the penal statutes, 371 — answer to a paper writ for abrogating the penal statutes, 375 — letter from the free¬ holders of the shires of - , to their commis¬ sioners to the parliament, 1686, 381. Sect. 3. Of the king’s remarkable letter after the rising of the parliament, the state of Mr lien wick and his followers, some proclamations, and other things this year, which came not in so naturally upon the former sections, 388 — Robert Catheart’s information against Mr Ren- wick and his party, 1686, 393 — Irish proclama¬ tion against treasonable speeches, February 26tb, 1686, 398 — king’s letter to the archbishops, with directions to preachers, March 1686, 399 — pro¬ clamation against slanderers and leasing-makers, June 16th, 1686, 401 — proclamation pardoning the shire of Argyle, September 16th, 1686, 402. Chap. XI. Of the state and circumstances of presbyterians during the year 1687, 402. Sect. 1. Of the procedure of the justiciary and council, with the general state of the per¬ secution through the country, this year 1687, 404— criminal letters against Dr Gilbert Bur¬ net, 1687, 406 — Dr Burnet’s answer, 408 — Dr Burnet’s second citation, 411 — proclamation against conventicles, 1687, 413. Sect. 2. Of the various acts of indulgence granted this year, and particularly that liberty in July, which presbyterian ministers fell into, with some remarks, 416 — king’s letter to the council, February 12th, 1687, 417 — proclama¬ tion, February 12th, 1687, for first indulgence, ib. — some reflections on the foresaid proclama¬ tion, 420 — council’s answer to the king, February 24th, 1687, 423 — king’s letter to the council, March 31st, 1687, or the second toleration, 424 — king’s declaration for liberty of conscience in England, April 4th, 1687, ib. — proclamation, June 28tb, and July 5th, 1687, or the third to¬ leration, 426 — the presbyterian ministers’ ad¬ dress of thanks, July 21st, 1687, 428 — address of the inhabitants of Edinburgh and Canongate, 1687, ib. Chap. XII. Of the state of matters in the year 1688, when the sufferings of presbyterians ended by the happy and glorious revolution, 437. Sect. 1. Of the procedure of the justiciary, and acts and proclamations of council this year, 1688, 437 — act, January 17th, 1688, for a thanks¬ giving upon the queen’s being with child, 439 — proclamation, May 15th, 1688, or the fourth in¬ dulgence, 440 — act for a thanksgiving, June 14th, 1688, 441 — proclamation against Mr David Houstoun, June 12th, 1688, 442 — proclamation, August 15th, against books and pamphlets, 443. Sect. 2. Of the taking, trial, and public exe¬ cution of Mr James Renwick, in February this year, 445. Sect. 3. Of some particular instances of pres¬ byterian ministers, and others, their sufferings, not unto death, this year, 454. Sect. 4. Of some other things which passed this year, with the council’s procedure, and other remarkables more immediately preceding the glorious and never to be forgotten Revolution, November, 1688, 461 — rules of the schools at Holyrood-house, ib. — proclamation for raising the militia, and setting up beacons, September 1688, 463 — king’s answer to the council, October 1688, 465 — proclamation calling out heritors, October 3d, 1688, 466 — act anent the militia* October 9th, 1688, 467 — letter from the Scots bishops to the king, November 3d, 16S8, 468 — king’s answer to the former, November 15th, 16S8,469 — proclamation, November 10th, against spreaders of false news, ib. — proclamation, De¬ cember 14th, 1688, anent papists, 475 — procla¬ mation, December 24th, 1688, calling forth the heritors, ib. — first draught of an address to the prince of Orange, 477 — address from the meet¬ ing of presbyterian ministers, to the prince of Orange, 481 — claim of right, 482 — act abolish¬ ing prelacy, July 22d, 1689, 484 — draught of an act of parliament excluding persons from public trust, 485 — act of parliament, April 25th, 1690, restoring presbyterian ministers, ib. — act of parliament, June 7th, 1690, ratifying the con¬ fession of faith, and settling presbyterian church government, ib. — reasons for rescinding the for¬ feitures, 487 — act of parliament rescinding lines and forfeitures, 489. Appendix, 495. THE HISTORY OF THE SUFFERINGS OF THE CHURCH OF SCOTLAND. BOOK THIRD CONTINUED. FROM BOTHWELL TO THE REVOLUTION. CHAP. VIII. Of the state and sufferings of presbyterians, during the year 16S4. The nature of persecution is pro- gressive and growing, and it can scarce be otherwise ; one sin is a native inlet unto another, and the wicked wax worse and worse. Malice, envy, and enmity, against religion and its followers, are insa¬ tiable ; and the Lord in the depth of his righteous judgment, suffers sinners to har¬ den themselves, and go on from evil to worse, till their cup fill. Success in sin embolden- eth the actors, and thirst after blood, like a fever, still increases till a crisis happen. Accordingly, the reader will find a cruel oppressive spirit mightily upon the increase in Scotland, this year : the work is turning easy, hardships upon presbyterians ordinary, and the trade is gainful to not a few. To¬ wards the end of the year, a vast many gentlemen-, formerly out of their reach, were attacked, and the prospect of having a share of swinging fines, as good, if not bet¬ ter, as forfeitures, made the sentences go glibly on. Some of the best of the nation were attacked, and the duke of York had every thing going in Scotland, according to his iv. wish. We have this year a new scene of blood, and public executions were fre¬ quent; and, during this summer, murders in cold blood in the fields are beginning, and we shall meet with great numbers of them next year. The universal pressing of the test, was a noble handle for persecution. Fines and banishments are most frequent. The garrisons and lesser courts, by citations and searches, harass the country; and the larger circuits bring persons of better quality to a great deal of trouble. Great numbers of gentlemen of note and rank, are most ex¬ orbitantly fined, to the value of their real estates ; and this year is shut up with the martyrdom of that excellent and extraor¬ dinary person the laird of Jerviswood. In this heap of matter, where the rigour and severity of the persecution is indeed far be¬ yond any notion I can give, or the lame accounts that now, after so many years, can be had, I cannot observe that order I could desire ; yet to essay this as much as the vastness and variety of the matter will allow, I shall give some account of the procedure of the council this year, from the records, both more generally in their acts and com¬ missions, and more particularly in their pro¬ cesses against gentlemen, ministers, and A o THE HISTORY OF THE SUFFERINGS [BOOK III. others: and next, I design to lay before the reader, the processes be¬ fore the criminal courts, and the forfeitures and deaths enacted by them, with a more distinct account of the processes with rela¬ tion to the alleged plot. Then natively will follow the procedure at the circuits, and the exorbitant fines after them, with some other hints which came not in so well on the for¬ mer heads. This will afford matter for eight sections. SECT. i. Of the procedure of the council, relative to the sufferings this year 1G8+. The privy council, as influenced now, not only by the clergy, but a habit of severity, heightened by gain and incomes from the fines, was the great spring of all the perse¬ cution, and therefore I begin with distinct accounts of their procedure, as the founda¬ tion of the other branches of persecution. There was not much need of any new acts, but a vigorous prosecution of those made, and giving commissions to particular per¬ sons, with a council and justiciary power. As I have done on the former years, I here just run through what they did, in the order of time it fell out. Fines were one of the sore oppressions the poor country came under in the former years, as we have heard ; the most part of them were pocketted and squandered away in profanity, and it was but a small part of them that ever was accounted for. The duke of Queensberry and others of the prime managers had observed this, and grudged it ; wherefore last year a letter was impetrate from the king upon this sub¬ ject, which was read and recorded in the council-books, January 3d this year, and follows. “ Charles R. Right trusty, &c. Whereas we are informed, that since the indemnity, granted by us soon after the rebellion at Botliwell-bridge was defeated by the bless¬ ing of God upon our forces, a great number of fines were imposed by several of our judges and magistrates, in that our ancient kingdom, upon heritors, on the account of fa¬ natic irregularities and disorders, whereof a part hath been uplifted by them, or others by their appointment. It is now our will and pleasure, and we hereby authorize and require you forthwith to call all such j udges and magistrates to an account of what fines, or any part thereof, they, or any others by their order have received, and to take care that with all convenient and legal diligence, all, or such a part of the said fines not yet raised, as our privy council there shall think fit to determine, be uplifted and received from the said heritors, to the end that the same, as well as what is already received, may be brought into our exchequer, to be disposed of to such uses, and in such manner as we shall hereafter think fit to appoint. Providing always, that the remainder of such fines be not discharged, but left as an awband over their heads, for their good be¬ haviour in time coming, accordingly to be raised, or not, hereafter, as our said privy council shall think fit for our service : and in regard it is reasonable and just, that such of the officers of our forces as are or shall be employed in the extraordinary com¬ missions granted, or to be granted in rela¬ tion to fanatic disorders, have not only their charges allowed, but a reward given them for their good behaviour, we require our treasurer-principal, and our chancellor, to transmit to us an account of all such charges as our officers are at, and of such sums as they judge reasonable to be be¬ stowed on them, to the end that we may declare our further pleasure. Given at Whitehall, April 5th, and of our reign the thirty fifth year. “ Murray.” This letter is directed to the lord marquis of Queensberry, lord high treasurer-princi¬ pal, and lord treasurer-depute, and was re¬ mitted to a committee, who were to bring in a report. And, January 10th, the com¬ mittee about the fines reported, “ that hav¬ ing considered his majesty’s letter, and the council’s remit, it is their opinion, that a distinction cannot be made of persons guilty or less guilty, or altogether free, or who shall deserve his majesty’s favour or not, till the persons decerned upon the decreets, and their particular case be considered upon their application; and that therefore let¬ ters of horning, under the council’s signet, CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 3 should be direct upon the sentence of the sheriff-depute of Renfrew, as to the heritors of that shire in the first place, to make pay¬ ment of their fines in fifteen days, being the ordinary term of law ; and that they or any of them who shall make application, shall be heard before the council ; and that after the discussing of that shire, such another shire may be discussed as the council shall think fit.” The council approve, and order the per¬ sons charged to be heard on their applica¬ tion, by way of suspension. According to this act, we shall, in the following section, find a good many of the heritors of Ren¬ frew, Matthew Stuart, Falside, Balgray, Brisbane, and others, have suspensions and reductions of their decreets granted them. Sir John Maxwell of Nether Pollock, and others of the presbyterian gentlemen of that shire, were in dependance before the justice- court, and at the end of the year came un¬ der most unaccountable fines. Meanwhile, February 12th, Mr Ezekiel Montgomery, sheriff-depute, is ordered to be seized for many malversations in his office; some of them we have heard, and more will fall in. Whether the council went on to examine the procedure about fines in other shires, I know not. All I meet with further in the registers upon this head, is a petition from Hugh Wallace his majesty’s cash-keeper, April 17th, showing, “That the council, by their late act, were pleased to ordain letters of horning to be direct against all the magistrates within this kingdom, who had not made report of their diligence, against such as were guilty of ecclesiastical disor¬ ders, and to deliver in their decreets and sentences to the lord treasurer, treasurer- depute, or your petitioner in their name, to the effect diligence may be done against the persons liable for such a part of those fines as belong to his majesty. Conform there¬ unto the magistrates of Edinburgh have been charged to give in their decreets, which they having done, it appears the fines received by them extend to £8349. 12s. Scots given in at the bar. The magistrates are ordained to pay the said sum to his majesty’s cash-keeper. And upon a peti¬ tion from the late magistrates, to have some allowance for the expenses and trouble they were at, in putting the laws in execu¬ tion against the delinquents, the conn- 1 cil allowed them to retain the sum of two hun¬ dred pounds sterling, which is to be distri¬ buted among the late magistrates for their care in that matter ; that the council may ordain the superplus to be paid into the cash-keeper.” They do so and appoint it to remain in his hands, till it be considered what part belongs to the king, as having a right to heritors’ fines, and what to the town, as being the fines of burgesses and others not heritors. I meet with no more about this act. If it was put in execution with relation to the other burghs and shires, where fines were uplifted, it would amount to a prodigious sum ; and we may see what large allowances were made to the magis¬ trates, who were severe in execution of the laws about fines. January 23d, the council send a letter to the king by the earl of Perth, seeking lib¬ erty to dispense in some cases with the fines imposed upon husbands, for the disorders of their wives. The case came natively in upon the forementioned act, and therefore I annex it here. “May it please your Majesty, — Your majesty’s parliament did wisely foresee, that withdrawing from the church would leave your majesty’s subjects to be de¬ luded with rebellious principles, and ne¬ cessarily occasion these field-conventicles, which have proved to be actual rebellion, and are by your parliament, called the ren¬ dezvouses of rebellion, and therefore they ordained all persons who withdrew to be fined. And such who are intrusted to put the laws in execution, against that or other ec¬ clesiastical disorders, having on all occasions represented to your privy council, that women were the chief fomenters of these disorders, and that nothing could restrain them except making husbands liable for their fines : they considering, that in all other cases of the like nature, husbands w ere liable by your acts of parliament for the fines of their wives; and that therefore, by the analogy of law, and parity of reason, the best interpreters of all law, they ought to be so in this case also, did, upon those and many other considerations herewith represented to your majesty, find the 4 THE HISTORY OF THE SUFFERINGS IBOOK III. 1684 ^us^an^s accordingly to be liable. ' But because in matters of govern¬ ment, and laws relating to it, your sacred ma¬ jesty, as the fountain of all justice as well as power, is the best interpreter, and your appro¬ bation adds much vigour to the law, and en¬ courages such as are to put it in execution, we have sent the earl of Perth your justice- general to represent the whole case to your majesty, who will inform you fully of all the reasons and occasions of our procedure, and answer such questions as your majesty may desire to be satisfied in, as to this or any other matters relating to your government here, which could not be done by a letter. And we do, with sub¬ mission to your royal pleasure, desire an approbation of what we have done in this particular, with power to dispense with the fines of loyal husbands, as are no ways to be suspected of connivance with their obstinate wives, but are content to deliver them up to be punished. We are your most, &c. “ J. Drummond, Geo. Mackenzie, Jam Fowlis, And. Ramsay, J. Lockhart, J. Graham, Tweedale, Balcarras, Livingstone, Jo. Edinburgh, Elphinston, Kinnaird, J. Falconer, Aberdeen Cancel. Alex. St Andrews, Arthur Glasgow, Queensberry, Hamilton, Montrose, Linlithgow.” Follows the tenor of the reasons mentioned in the foregoing letter , which induced the council to be of opinion, that husbands should be liable for their wives' fines in case of delinquences. “ 1. By act 7. pari. 2. sess. 2. Char. II. the parliament appoints every person to be fined who shall withdraw, which certainly must include men and women ; and there¬ fore there being no other punishment im¬ posed but that of fining, that fining behoved to be effectual, else the law resolved in nothing. But so it is, that except husbands be liable for the fines, the fine was no punish¬ ment, because women, who were the great transgressors in this point, have no estate out of which they can pay fines. “ 2. The goods during the marriage being in communion, and the husband having the power over them, he should therefore, in the construction of the com¬ mon law, be liable in the payment of the fines imposed by act of parliament, with¬ out expressing this particularly, though sometimes it be expressed. “ 3. The parliament having consented, that the wives should be fined, they con¬ sented consequentially that the husbands should pay it ; for it is a common rule in law, when any thing is granted, every thing is granted, without which that cannot be made effectual. “ 4. Laws are to be interpreted by analogy for that is the presumed will of the law¬ givers, which has been usually allowed in all other cases of this nature ; but so it is, that in all other cases husbands are made liable for their wives’ fines. Act 104. pari. 7. Jam. VI. papists are ordained to pay the fines of their wives using popish supersti¬ tions; and by the 38th act. pari. 1. sess. 2. husbands are ordained to pay their wives’ fines for swearing and cursing. And many other acts, such as those against conven¬ ticles and others, husbands are also liable, and parents are also liable for their children, where there is no act for it. “ 5. Laws are to be interpreted by parity of reason ; but so it is, there is as great reason for their being liable for their wives’ fines in this as in any thing else.” “ 6. Public interest, and the necessity of the government, is by all lawyers thought a good reason for extending laws by parity of reason ; and without husbands being liable, it is impossible to preserve the peace, or prevent rebellion. “It was urged -by lawyers for the defen¬ ders, that it was hard that husbands in that case should be liable for their wives. To which it is answered, that rebellion is a harder case, and that has not been con¬ sidered, in the like cases which were as hard, by the parliament. “ 2. That the former immediate law made the husbands liable, and therefore must be presumed to have omitted this designedly. To which it is answered, that having in other acts expressed this, they needed not here, or at least that this was but an omis¬ sion, which in a thousand other cases is supplied from a parity of reason, and pub¬ lic interest, being universal laws. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 5 “ 3. That this law may be made practica¬ ble by imprisonment of wives. To which it is answered, that neither has the law ap¬ pointed imprisonment, and if we must recur to inferences and consequences, the one is as reasonable as the other : but it is impos¬ sible to make the act practicable by impri¬ sonment, for offenders know we cannot imprison so many as may be guilty ; but lines is a present punishment, and so terri¬ ble, the one makes the husband active to persuade the wife, but the other does not ; and if a fine once become a debt by a sen¬ tence, no woman can be imprisoned for debt during marriage. “ 4. This may be dangerous to loyal hus¬ bands. To which it is answered, that the case by experience is known to occur sel¬ dom : for before this way of execution there were many offenders ; yet it is now known there are very few honest men in those circumstances, and if they be, they are in the mercy of a king, who is compassionate even to rebels, and his majesty may empower his council as to this.” The occasion of this letter was a petition from Sir William Scot of Harden, who, we heard, was most exorbitantly fined last year, and continued in prison for his lady’s irre¬ gularities. It would seem, the bulk of the council were not for insisting on the fine as to him. This will come in afterwards on his sufferings, and yet the matter was put over upon the king, and this letter and reasons appointed to be sent him, and the lords of the clergy, such counsellors as are lawyers, and duke Hamilton were appoint¬ ed to draw them. An answer from the king comes down, February 12th bearing, “ that his majesty approves husbands being fined for their wives, but authorizes the council to dispense with the fines on loyal husbands, who do not connive at their ob¬ stinate wives’ ways, and are willing to deliv¬ er them prisoners.”* * The following plain statements by bishop Burnet confirm and illustrate the account given of this matter by our historian. “ The churches were now all well kept by the men: but their wives not being named in the act of parliament, none of them went to church. The matter was laid before the council: and a debate arose upon it ; whether, man and wife making one person in law, husbands should not be fined for their wives' offences, as well as for In the entry of this year new commissions are granted to the fol- lowing persons. This method saved them the charges and solemnity of a circuit, and did their business as effectually and more arbitrarily. January 3d commission is granted as follows. “ Charles R. To all our loving subjects : forasmuch as we being in¬ formed, that divers desperate rebels do haunt and frequent about Glasgow, Dum¬ fries, and other places in the shire of Lan¬ ark, and other western shires, some whereof are apprehended and imprisoned for being in the late rebellion, who treasonably justi¬ fy the same, or deny and disown our author¬ ity and sovereignty: and we finding it necessary for our service, that justice be done upon the place upon such desperate and malicious rebels, which may be more expeditely done, and of greater example, we, with advice of our privy council, here¬ by give and grant full power and authority, and express commission to the present pro¬ vost of Glasgow, the bailie of the regality there, the sheriff-depute of Lanark, Sir James Turner and lieutenant-colonel their own. Lord Aberdeen stood upon this, that the act did not mention the wives : it did indeed make the husbands liable to a fine, if their wives went to conventicles ; for they had it in their power to restrain them : and since the law provided in the one case, that the husband should suffer for his wife’s fault, but had made no provision in the other case, as to their going to church, he thought the fining them on that account could not be legally done. Lord Queens- berry was for every thing that would bring money into the treasury ; so since, in those parts, the ladies had for many years withdrawn wholly from the churches, he reckoned the setting fines on their husbands to the rigour would make all the estates of the country be at mercy ; for the selling them outright would not have answered this demand for the offences of so many years. The earl of Perth struck in with this, and seemed to set it up for a maxim, that the pres- byterians could not be governed, but with the extremity of rigour; and that they were irre- concileable enemies to the king and the duke, and that therefore they ought to be extirpated. The ministry in Scotland being thus divided, they referred the decision of the point to the king : and lord Perth came up to have his re¬ solution upon it. The king determined against the ladies ; which was thought very indecent : for in dubious cases the nobleness of a prince’s temper should always turn him to the merciful side. This was the less expected from the king, who had all his life time expressed as great a i neglect of women’s consciences, as esteem for I their persons.” — Hist, of His Oivn Time, vol. ii. [ pp. 994, 995.12mo. edit. London 1725.— Ed. 6 THE HISTORY OF THE SUFFERINGS [ROOK 111. Windram, or any three of them, as our 1 684 J ’ ' judges in that part, forjudging the per¬ sons guilty of the said crimes, who are or shall he apprehended, in the shires of Lanark or Dumbarton or jurisdictions within the same, they not being heritors. And to James Alex¬ ander sheriff-depute of Dumfries, the eldest bailie for the time there, James Johnston of Westeraw stewart-depute of Annandale, Thomas Lidderdale of Isle stewart-depute of Kirkcudbright, David Graham brother to Claverhouse, Brace of Ab- botshall, captain Strachan, William Graham cornet to Claverhouse, or any three of them, for trying and judging such persons in Dumfries, Kirkcudbright, Wigton, and Annandale. With power to meet when and where they please, to hold courts, create members, call before them the per¬ sons foresaid not being heritors, and put them to the trial of an assize, and pass sen¬ tence, and see justice done accordingly, conform to law, and this commission to continue till recalled, recommending to the advocate and the clerk of the justice-court, to send fit and qualified persons to serve as deputes for them, before our said justices, promitten, to hold firm and stable. “ D. Falconer, Montrose, Jam. Fovvlis, Linlithgow, Suothesk, Aberdeen Cancel. Livingstone, Queensberry, Jo. Edinburgh, Athole.” Douglas, February 19th I find another commission granted in the very same terms, and with the same powers, only Renfrew and Ayrshire are included, to the Lord Ross, the provost of Glasgow, Sir Wil¬ liam Fleming of Ferm, lieutenant-colonel Windram, lieutenant- colonel Buchan, Sir James Turner, Somerwell of Spittle, and William Stirling bailie of the regality of Glasgow, or any five of them. Several persons were condemned, by virtue of this commission, at Glasgow, in March, and I scarce think they would spare all who came before them at Dum¬ fries, the commissioners being a set of the most violent persecutors of that time, yet I have no accounts of their procedure. The account of those executed at Glasgow, I shall delay till the third section, where the public executions will come in. Meanwhile I find those commissioners corresponding with the council, and re¬ ceiving directions from them. February 28th ‘ The lords of his majesty’s privy council, having considered a letter from the commissioners of justiciary at Glasgow, containing some doubts and queries as to their procedure against the persons indicted before them, in the cases where pannels are silent, or make no direct answers, or such who. albeit guilty, yet offer to take the test. In those the lords allow them to de¬ lay procedure against them, and adminis¬ ter the test to such as desire it, and to ac¬ quaint the council with their particular causes and repentance, that they may give particular directions therein. And the lords expect, where probation is clear as to any who were actually in the rebellion, and assert treasonable principles, that they will proceed against such, and cause j ustice be done according to their commission.’ The same orders are repeated to the justices at Dumfries, with this alteration, that when the pannels refuse to answer, and there is no probation, the justices send them into Edinburgh. And upon another case, which offered as to persons without the bounds specified in their commission, April 22d the council declare, * That their commis¬ sioners for judging rebels in the several shires, ought to proceed against rebels without the bounds of their commission, wherever they formerly lived, or were ap¬ prehended, as against those within the same shire, they being brought to them, and to proceed in all respects, as if this had been a clause of their commission.’ This is all I meet with as to these justiciary com¬ missions. They are plain instances of the bloodiness of this time. There had been very lately circuits, the justice court was sitting at Edinburgh, and this year we shall meet with new circuits : yet to awe the poor country, and to despatch the peo¬ ple they had apprehended in their searches, and were daily catching, this power is granted, and was exercised with much se¬ verity. Perhaps it might be to prepare matters for this country justiciary, that the laird of Meldrum, January 14th, gets com¬ mission to make trial for rebels in Lanark¬ shire. The reason given is, the council CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 7 was informed of some disorders and inso- lencies committed in Carstairs and Lesma- liago, by stabbing some dragoons’ horses, and taking away some goods and corns belonging to rebels. It seems, all their diligence for recover¬ ing the lines got into the hands of under¬ magistrates, and the uplifting of what was not paid, had little effect through the coun¬ try. And therefore a new commission to colonel Thomas Buchan, is granted by the council, to upiift those fines in the shire of Ayr, much in the same terms of some granted last year. That same day, April last, the council make another act, which was the occasion of further sore oppression of the country. ‘ The lords of council being informed, that since the justice court (the circuits I suppose are meant) divers of these rebels denounced for not appearing before the justices, have been harboured, reset, entertained by several disaffected persons in the western shires, to the great en¬ couragement of them to persist in those rebellious courses, give orders to the sher¬ iffs and other deputes, and the ordinary magistrates and officers of the army, to inform themselves of the persons guilty of the reset of rebels, and to lead probation for proving thereof before themselves, and where they find the same proven, to search for and apprehend the persons guilty of the reset of rebels, and imprison them till they be brought to justice; recommending to the commissioners of the justiciary in the several shires, to do justice upon some of those, not being heritors, most guilty, and the heritors to he tried and judged by the justice court ; and recommend it to the lord treasurer and treasurer-depute, to com- missionate some fit persons in the country, to sequestrate, secure, sell, and dispose upon the goods and moveables of these re¬ setters, whether heritors or not, after they shall be found guilty as aforesaid, and have subscribed lists of their names from those who shall adduce probation against them, to be made forthcoming for his majesty’s use. It hath been frequently observed, that nonconformity, reset, and converse are at this time the two great pretexts made use of for persecution, the most part of such who were actually in the risings being ^ either cut off, or out of the country ; and we see how carefully the managers prose¬ cute both. This last, of reset and converse, was what the whole country were one way or other engaged in, since people concerned in the risings were overlooked for two or three years, and frequented fairs and markets, and all other public meetings, undisturbed. Arid now by this act, the leading probation against, and trial of such persons, is com¬ mitted to the officers of the army, with power to search for, apprehend, and im¬ prison persons guilty. Thus the execution of the laws and justice is committed to the army, the consequences of which need not be insisted upon. We shall have a view of them in the general hints of persecution this year, to be cast together in the last section. I only remark as to the persecu¬ tion for nonconformity, it turned more ex¬ tensive, by the turning out of the indulged ministers, which was almost completed this year, and so the persecutors had new matter to work on, in many parishes for¬ merly not open to them. Another thing the council are taken up with, is the banishment and transportation of a great many of the meaner sort, and some others to the plantations. Indeed, by the methods we have heard of, the prisons were overstocked, and there was not room for these they were daily apprehending : therefore, in a letter to the king, April 11th, they humbly offer to his majesty’s consi¬ deration, whether it be not fit to empower his council to send abx-oad such of the rebels as appear penitent, though they take not the test, because the prisons are full, and ships are going to the plantations, and they have reason to believe, that if this be granted, it will encourage other planters to free the nation of such persons. To this request comes an answer, dated April 24th, ‘ Wherein the king declares it is his plea¬ sure, that such of the rebels as are found penitent, be sent to the plantations, tliough they have not taken the test, within the time prescribed by act of parliament. In pursuance of this, May 5th they write to the commissioners, appointed anent disord¬ ers in several shires, for accounts of the condition of the prisoners, men or women, 8 THE HISTORY OF THE SUFFERINGS [BOOK. III. 1 and who they are, who have harbour¬ ed and reset, conversed, or corres¬ ponded with rebels, and require distinct ac¬ counts of them to be sent in to the clerks of council, with the names of witnesses, or their own confessions. Great multitudes were at this time sent away to the plantations, by vir¬ tue of this power. I cannot so much as do justice to a great many of these good peo¬ ple, by recording their names : as far as the council-records go, I have noticed them, but there were many sent away from Glas¬ gow and other places of the country, that I have no distinct account of. However, I shall here set down what I meet with for some months, as to banishments in the re¬ gisters, and add some few hints from some other accounts come to my hand, that the reader may have some view of this part of the council’s procedure. The council, May 17th banish to the plantations, William Laing in Hawick, James White in Douglas, John Harper in Fenwick, Gavin Muirhead in Cambusnethan, John Gardner in Monkland, David Jamison a sweet-singer, James Balfour in Fife. Their alleged crimes are rebellion and reset of rebels. And, May 22d two Balfours, imprisoned as concerned in the killing the bishop of St Andrews, but had exculpate themselves of that, are ordered to be tran¬ sported, and the persons to transport them, were to give 10,000 merks bonds for each of them, that they should safely carry them to the plantations. After the managers had agreed for the transportation of such as were banished, with Walter Gibson merchant in Glas¬ gow, May 27th the council make the following act granting prisoners to him. “ Forasmuch as the king’s majesty, by his letter April 24th last, signified that it is his royal pleasure, that such of the rebels as are now in prison, and appear penitent, though they have not taken the test within the time prescribed by his majesty’s pro¬ clamation, be sent abroad to the plantations, and by the said letter authorized the said lords to do or cause the same to be done, at such times and in such manner as to them should seem most fit and proper. And whereas the lords of his majesty’s privy council are informed, there are divers of the rebels in the prisons of Glasgow, Dum¬ fries, and other prisons in the west, where they have granted commissions forjudging- and trying of them, according to law ; they, to the effect that such of them as appear penitent, may taste and share of his ma¬ jesty’s great clemency and mercy, do hereby, in pursuance of his majesty’s said letter, fullycommissionate, empower, and authorize the persons formerly commissionate by them, at Glasgow or Dumfries, and their quorum, for putting the laws in execution against such rebels, to sentence and banish such of them as appear penitent, to the plan¬ tations in America, in the ship belonging to Walter Gibson merchant in Glasgow, bound thither, he still finding caution to them for transporting the said persons to the plantations, and for returning a certi¬ ficate of their landing, under the hand of the governor there, to be reported to the clerks of the council, before November 1st 1685, and that under the penalty of 1000 merks, for ilk one of the said rebels who shall be sentenced and delivered to him, in case of failie, (sea-hazard and pirates being always excepted.) And as to such of the said rebels who do not appear penitent, the said lords do authorize the said commis¬ sioners to proceed according to their com¬ mission, according to law ; with power to the said commissioners, to sentence and banish in manner and upon the terms fore- said, such persons rebels, not being heritors or ministers, as are or shall be hereafter imprisoned, and do appear penitent, con¬ form to his majesty’s said letter.” It is a knack peculiar, I think, to this period, to pretend kindness and grace in the greatest severities inflicted by them : thus last year and this, the taking the test was pretended to be a favour, and yet the coun¬ try was forced into it, and now banishment to the plantations is another act of grace and favour to penitents, much the same with the Coup de grace in France. June 1 9th Sir William Paterson, who had been west at Glasgow Upon the conventi¬ cles we shall presently hear of, reports to the council, that two-and-twenty persons, prisoners in the tolbooth of Glasgow, are now banished to the plantations, and ordered to be transported in Walter Gibson’s ship. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 0 And the same diet at Edinburgh, the lords t by sentence appoint James M'Gachin in Dairy, John Creichton in Kirkpatrick, John Matthison in Closeburn, John M‘Chis- holm in Spittle, libelled for reset and con¬ verse with rebels, found guilty by their confession judicially adhered to, to be trans¬ ported to the plantations. And August 15th about fifteen more are ordered to the same place. This is all I have observed in the coun¬ cil-books this summer. From other papers upon this head, I find March 4th, James Forrest younger, John Collin, James Gour- lay, Dennis Gilcreof, Thomas Jackson, George Jackson, were before the commit¬ tee for public affairs, and, as they say in their joint testimony before me, the chan¬ cellor after a long speech aggravating their rebellious principles, reset, &c. declared to them, that they w ere banished to West Flanders, never to return on pain of death. In their testimony they vindicate them¬ selves from the imputation of disloyalty and rebellion, and leave their testimony for the scriptures, confession, and covenants, against popery, prelacy, &c. And John Colin hath a separate paper by himself, likewise before me, wherein he gives the reason why he could not say God save the king, and tells, he desired the committee to let him know the meaning of those words, which they did, by telling him, it imported an owning his person and government, and the law's and present actings, which, adds he, satis¬ fied me much, and I think no serious Christian w'ould approve those. I have likewise some original letters of John Dick, dated April and June this year, with his interrogatories without date ; but I take them to have been in April, at Glas¬ gow'. He w as in June banished to Caro¬ lina. Some of his interrogatories and answers deserve a room here, he being a very sensible knowing person. “ Being asked, if it was lawful to bear arms, answ'ered, he thought it law'ful for the defence of religion, that is, when people are oppressed for adhering to their prin¬ ciples, pressed to deny them, and killed for not denying them, and for personal defence against robbers and murderers. He was further asked, but what if the IV. t king should carry on a course con- trary to the word of God, may he be 1 opposed by arms? he answered, he might, w hen no other means could prevail. The bi¬ shop, or professor of divinity, he does not mind which, said, But I’ll make it plain to you from the word of God, that though the king carry on a course contrary to scripture, he ought not to be opposed. John inter¬ rupting him, said, the w'orld will never do that, for it is a setting scripture against it¬ self, and the like of it was never heard. Then it was asked, if he would kill one of the king’s guards if he found them in the w ay. He answered, he was of no such murdering principles. They were very close upon him, as to his praying for the king ; and after many questions this way, they asked. Can you now pray for him ; he said, 1 can as he hath a soul, and hath not sinned the unpardonable sin, but to pray for him as he is king, and for the pros¬ perity of his courses, I cannot do.” He notices the bishop, with a great deal of pains and cunning, essayed to bring him to some acknowledgment that might have been matter of libel, but he endeavoured to bear off. In his original letters, he excuses their entering into terms with Walter Gibson for transportation, and expresses his doubts, how far they were obliged to propale their principles, when they could not be proven against them, and w'hether silence or shifting were not lawful with¬ out making compliances, and presses so¬ briety, which he complains there is but little of, and peremptoriness against all sin- The original testimony of about two and twenty, who were banished to Carolina, at Glasgow, probably by the court there, is before me. That day they received their indictment, as they say in their paper, for not ow'ning the king’s supremacy (and indeed it was that most of the country people meant when they refused to owrn his authority) their declining to call Both- well-bridge rebellion, and refusing to renounce the covenants. The names of the persons signing this joint testimony are, “ James M'Clintock, John Buchanan, William Inglis, Gavin Black, Adam Allan, John Galt, Thomas Marshal, William Smith, Robert Uric, Thomas Brice, John B 10 THE HISTORY OF THE SUFFERINGS [BOOK III. Syme, Hugh Syme, William Syme, John Alexander, John Marshal, Matthew Machen, John Paton, John Gibson, John Young, Arthur Cunningham, George Smith, and John Dowart. Two of them, John Buchanan and Arthur Cunningham, add to their names a confession, that they had fainted in giving consent to their own banishment. The matter stood thus, as far as I can gather it from the accounts before me. Most part of them had been picked up at searches and otherwise, in Glasgow, Eastwood, Eaglesham, and other places round about, and had continued in prison some months. Walter Gibson and his brother were sending off a ship to Carolina, and had come to some of them, asking if they were willing to go with them to the plantations ; promising if so be they would go with them, they would make interest and get then- lives spared, and if not, they assured them they would be publicly executed. Some of them yielded to this, but afterwards when it was represented by some as an owning of guilt, and having a share in their own banishment, they acknowledge it as a step of fainting : So hardly put to it were these honest good people upon all hands. John Dick, in the forementioned letter, very modestly vindicates this step, and observes that their sentence had no relation to this dealing with Gibson, neither was it at all judicially considered. Those persons, with some others, after sentence, were given to the Gibsons, and this year were trans¬ ported to Carolina. I have letters written by several of them, and their particular testimonies, with some of their examina¬ tions ; but they all running upon the ordinary topics at this time, the king’s supremacy, popery and prelacy, &c. I do not swell this work with them. I find them lying in Greenock road, ready to sail towards the beginning of July. There is before me a particular account of the hardships they met with in their passage, of which I shall insert an abstract, if once 1 had noticed, that it was in this same ship, I suppose, the Reverend Mr William Dun¬ lop, formerly mentioned, whom I can never name without the greatest regard to his memory, transported himself, and voluntari¬ ly withdrew from the iniquity of this time And, if I mistake not, the excellent and truly noble lord Cardross left his native country at the same time. Captain James Gibson commanded the vessel, and is represented to have been very rude to the poor prisoners, who were about thirty-two. And his seamen and under¬ officers, were yet harsher. Any small mo¬ ney their friends had scraped together for them before they sailed, was taken from them, and they could have no redress. They were disturbed when at worship under deck, and threatened, and whenever they began to sing psalms, the hatches were closed up¬ on them. They had their water given them in very scanty measure : one man was al¬ lowed only a mutchkin in twenty-four hours. And when there happened to be a mutchkin or less over, it was carefully distributed among them all, or they would parcel it out by spoonfuls to such as were most necessi¬ tous. All this was really from ill nature, for there was no strait. When they came ashore in Carolina, they had fourteen hogs¬ heads of water to cast out, besides a good number of hogsheads of beer remaining. At the beginning of their voyage, every eight of them had a Scots pint of pottage allowed them, and a little beer : their other food was salt beef, with a few pease, three or four years old, sodden in salt water ; this they had literally by weight, two ounces and a half to every two of them, with a biscuit which was old enough. Their bread was indeed so ill, that they could not eat it, but bartered it with the seamen for the rain¬ water they gathered. The sick were mis¬ erably treated, and had no other thing al¬ lowed them but what the rest had. Some of the prisoners Avho were sick, desired to be put ashore at Bermudas, offering all se¬ curity to captain Gibson, if they recovered, to come to Carolina. At first the captain promised, but, when he found so many sick, altered his mind. The very ship’s crew were like to mutiny for want of water, and John Alexander died of thirst, as was thought. When they landed in Carolina, all the prisoners almost were sick; they were taken out, and put into houses under a guard : some cloth and other things given by their friends in Scotland, to be sold at CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 11 the best advantage, and distributed among them in Carolina, was otherwise disposed of, and they had none of it. John Dick, formerly mentioned, having paid his freight to thirty shillings, though he offered his bond for it, and a comrade of his offered to serve in his room, till that remainder of his freight was paid, yet the captain would in nowise yield to it, but forced him up the country with him as his servant, where he died. His case differed from the rest of the prisoners, because of the contract he had entered into with the captain, but no faith was kept to him. Two of the prisoners, John Smith and John Paton, offering to make their escape, were discovered, and most barbarously used, being beaten eight times every day, and condemned to perpe¬ tual servitude. My account of banishments this year, shall be ended with an instance of severity great enough. When these prisoners were lying ready to sail from Clyde, Elizabeth Linning, yet alive, attesting this account, came down to visit the prisoners, some of them being her relations ; when she came aboard, captain Gibson ordered her to be kept and taken with them, though he had nothing to charge her with : she perceiving this, took an opportunity, when those who were watching her were asleep, to get ashore. She was soon missed, and the captain ordered most of the crew ashore in search of her; they found her and brought her back, and carried her to Carolina with them. After they arrived there, and the prisoners were set ashore, she fell indispos¬ ed. One day she heard the captain say, when he did not know she was within hearing, “ Since she is sickly, let her go a- shore, but see that she come aboard every night till we get her sold.” Upon this she took the first opportunity to get ashore, and went straight to the governor, and ac¬ quainted him how she was forced to that place, and what she had heard. The governor was very civil, and caused cite the captain to the next court-day, where he ap¬ pearing was interrogate, if he brought the girl from Scotland without sentence, or her own consent; the captain owned he had, and trumped up a story, which she utterly refused, that she had come with letters to the prisoners, and means were . . - 1684. essaying to procure their escape, though he had given bond to the coun¬ cil of Scotland for two and thirty of them at a thousand merks per piece. The gov¬ ernor told him, that could not be, since, as he was informed, she was taken after she made her escape. To this he answered nothing, but that he had an order from lieutenant-colonel Windram to keep her, for she was such a rebel as ought not to be permitted to stay in the nation. The gov¬ ernor desired him to produce this order, the other answered he had it only by word of mouth. Whereupon the court ordered her liberation, and allowed her the following extract. At a council held at Charleston, October 17th, 1684. “ Upon the reading of the petition of Elizabeth Linning, against captain James Gibson, commander of the Carolina merchant, in a full council, it was ordered as follows. Whereas upon the confession of Captain Gibson, that the within written Elizabeth Linning, was, without the consent of the said Elizabeth, brought to this province by force, and by a pretended order from lieutenant-colonel John Windram, but the said Gibson produc¬ ing none, it is ordered that the said Eliza¬ beth be set at liberty as a free woman.” In short, most part of the prisoners died in Carolina, and scarce half a dozen of them ever returned to their native land ; and a great many years after, their commander, with the ship he was in, perished in the American seas, after a most unfortunate voyage. Many others were banished this and the following year, of whom I shall be scarce able to give any account : but I now return to the proceedings of council at Ed¬ inburgh. Toward the end of April, in the vacation of the session, a good many of the managers were in the country, and yet they were not willing any sist should be in the perse¬ cution, therefore the following order is made, April 22d. “ The counsellors who are in town, are appointed to meet in the intervals of council, and empowered to do every thing they shall find necessary for his majesty’s service, the exigence of the gov¬ ernment, and peace of the country, and re¬ ceive accounts from magistrates of burghs 12 THE HISTORY OF THE SUFFERINGS [BOOK III. and officers of the army, and give or- 1684 • J ° ‘ ders; with power to them to convene the council.” That same day the council re¬ commend it to general Dalziel, “ to ordain lieutenant-colonel Buchan, with five com- j panies of foot, and the lord Ross’ troop, to march to the shire of Ayr, and that half of the troop of guards march thither also ; that colonel Graham be ordered to post his own troop at Dumfries, or where he thinks most convenient in that country, and to post the two troops of dragoons in the garrisons of Kaitloch, Ballagan, Kenmuir, Machrimore, or Monigaff ; that colonel Graham com¬ mand all the forces in Ayrshire while there, and having power to quarter them in the shire of Ayr and Renfrew, or where most convenient for the king’s service ; that captain Cleland’s troop be put into the houses of Covington and Blackwood, till Strathaven be ready.” May 5th, the council “appoint a garrison at Kenmuir, and because the lady is to lie in, the soldiers are for the time dispersed to Barscob, Water- head, Knockgray, and Kaitloch.” Other accounts at this time bear, that the garrisons were increased, especially in the south, so that much of Scotland was, as if it had been a country conquered by an enemy. That strong garrison at Kaitloch was continued, two were set up in the parish of Carsphairn, another in Lesmahago, and one in Craw- ford-muir, besides those at New-mills, and several other places. Parties from those garrisons were the great instruments of many of the murders in the fields in cold blood, which now were a beginning ; and to them likewise the country owed the gravaminous searchings at this time so common, and continually almost parties were traversing from the Waterhead of Deugh to Lesmahago, or Crawford-muir, or down to Newmills, and other places, so that the wanderers were very hard put to it. Those searches were most uneasy to good people through the country in the summer, and they were mostly in towns and cities in the winter. Last year we heard, that the print¬ ing the fugitive rolls was delayed from time to time : now, May 5th, the council publish them, and a proclama¬ tion before them; I have annexed both in the note below.* Remarks need not be made on the proclamation, after the many such papers we have met with. The rebellion is represented as the * Proclamation, with a list of Fugitives, May bth, 1684. Charles, by the grace of God, king of great Britain, France, and Ireland, defender of the faith : to our lovits, macers of our privy council, and messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting. F'orasmuch as we, considering the frequent rebellions that have been lately raised by rebellious and unnatural sub¬ jects, within this our ancient kingdom, contrary to their native allegiance, to the destruction of our government, and the peace and quiet of all our good people, and the extravagant and impious principles, which have been the necessary and fatal consequences thereupon ensuing, we did, amongst other remedies, ordain these who were in arms, and these who had reset them, to be le¬ gally cited before our justices, to the effect they might be tried : and notwithstanding that all fair and legal opportunities of defending their own innocence had been offered them ; yet many of them being now denounced rebels and fugitives from our laws, we are resolved to prosecute them, till they be brought to condign punishment ; and therefore we have appointed an exact roll of the said persons, sodenounced, tobe printed, requiring all our subjects, not only not to comfort, or har¬ bour the said persons, but likewise to do their utmost endeavours to apprehend them, as far as in their power, and to give notice to our next i sheriffs, bailies of baileries and regalities, stew- arts of stewartries, and magistrates of burrows, and other officers and ministers of our law, and to the officers of our army, when they know that any of them lurk in their bounds: as also, in case there be any contained in the said rolls and list, that have been denounced through their negligence or ignorance, although they have subscribed the bond, or taken the test, as was prescribed by our former proclamations, there¬ fore, we, with advice of our privy council, yet allow any of the said persons who shall, betwixt and the first of August next ensuing, clear to our justices, that they have taken the bond or test in due time, to be thereupon relaxed gratis, before our justices; and our justices are hereby allowed to desert the diet against them, they compearing, and being relaxed, as said is. And to the end it may be better cleared who have taken the said bond and test, all persons, who were commissionate to administrate the same, are hereby required and commanded to send in, to the clerks of our privy council, the bond and test so taken before them, betwixt and the said first day of August next, certifying them, if they fail, letters of horning shall be direct against them, under the signet of our privy council, to that ef¬ fect, upon a charge of six days, under the pain of rebellion, &c. And to the effect our pleasure in the premises may be made known, our will is and we charge you straitly, and command, that incontinent, these our letters seen, ye pass to the market-cross of Edinburgh, and remanent mar¬ ket-crosses of the head burghs of the shires oi this kingdom, and other places needful, and there, by open proclamation- make publication ot CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 13 great matter upon which they were cited who are fugitated, hut it was hut very few of them who had been in the rising, and they were only guilty of the alleged reset of persons who had been there ; and if the reader look hack on what hath 1 been said, he will see, that none in the west or south were free of converse with such the premises, that all persons concerned may have notice thereof. Given under our signet, at Edinburgh, the fifth day of May, one thousand six hundred eighty and four years, and of our reign the thirtieth and sixth year. Per actum Daminorum secreli conci/ii. Will. Paterson, Cl. Seer. Concilii. God save the King. Follows the List o f the said Fugitives, to which the Proclamation relates. Fife. John Henryson servant in Kinkel Mr Arthur Cowpar in Abereromby Thomas Abereromby servitor to Alexander Young in Muircambus James Gellie weaver in Falside Magnus Gourlie in Over- pratus John Duncan in Muircambus-mill James Kiuuier, servant to Hackston of Rathillet James Stevenson in Cowkecky Thomas Miller in Pitdonnie John Brown, servant to Henry Craichin Innerkeithing Patrick Robertson in Linkton Walter White in Craigow Pride in Muircambus in Samford Mr William Reid, a field preacher John Scot in Fafield, or Lathons Donald Clerk in Inverkeithing Robert Bogie in Newbigging William Robertson in Kinneuchar Thomas Beil in Beilston, tailor in Largo Fugitives for reset in Fifed lire John Hederwick tenant to Riras Margaret Norie, mother to John Duncan in Muircambus Alexander Young in Muircambus Margaret Dennie in Pitdennie John Eider shoemaker in Anstrutlier Easter Thomas Bruce Webster in Anstrutlier Wester James Finlay in Balehristie Kinross. Alexander Dae in Gallach John Flucker in Meikle Tiliry John Smith in Tilliwbally Walter White in Tiliry George Simson there Robert Kirk at the mills of Forth Perth, William Anderson in Abernethie George Condie in Forteviot Stirling. John Clarkson son to Andrew Clarkson, portioner of Holehouse Robert Rainie in Falkirk Robert Chiesly in Slamanno-moor William Sutherland shoemaker in Falkirk John Wilson tailor there Edward Marshall of Kae-moor George Mothrie fiar of Stone-rig John Auld portioner of Balmitchel John Steel smith in Boghil Peter Gellies in Walkmill of Woodside John Hastie of Bogohaugh Thomas Chiesly in Bogoknows James Muir son to Thomas Muir in Morvinside Alexander Robertson in Torwood-liead William Clark in Larbert William Young feuar of Seamores John Stark elder of Banknock Mattbie in Kilmaronock Mr Thomas Forrester sometime minister Donald Connel in Buclilyvie James Ure of Shargarton Mr Patrick Rollo in Shargarton, in Kippen parish Andrew Buchanan in Shargarton James Forrester son to Robert Forrester there Mr John Dougal son to Arthur Dougal in Ardmanvel John Maclum in Ardmanvel John Meiklehose in the parish thereof James Johnston in the said parish Robert Wilson in Arnprior-burn John Munoch in Arnprior George Buchanan in Easter-Carden Thomas Miller in Buclilyvie John Risk in Killearn John Key in Glens Thomas Ure in the parish of Balfron James Paterson weaver in Balglass William Binnie in Balmore in Baldornock Humphrey Stevenson in Balglass or Killearn William Cunningham younger in Fiunick Thomas Brass in New Kilpatrick John Hart in Throsk James Brown son to James Brown pigmaker there Henry Greenlaw mason in Baunockburn William Thomson schoolmaster at Grange Mr Hugh White, brother to Alexander White of Kill Patrick Walker in Drumcria Alexander Arthur son to George Arthur in RashiehiLl George Russel in Balcastle Thomas Walker there James Falconer servitor to Robert Russel in Mill-rig William and John Flemings in Moorside, or Morvinside Lauchlan M‘Lauchlan in Provanton John Leckie servant to John Miller in Bucklair James Buchanan servant to Bartholomew Park there John Graham in Millguy Brice Blair of Fiunick John Galbraith in Stonehouse, in Larbor parish William Thomson there Michael Colvil there John Risk in Galbraith John Johnston in Cloehrabrae John Paterson in Elphingston John Ronald a tenant’s son in Touch Hugh Montgomery in Jawcraig John Paterson in Golden-hove Robert Forrester in Shargarton William Carrick son to Patrick Carrick in Armore Robert Ure in Wester Arngiven David Forrester sometime of Culraore, not being David Forrester, who is now heritor of Culmore, and writer in Edinburgh Resetters in the said shire. John Stark younger of Banknock John Monteith portioner of Seamores Dumbarton James Brownlie feuar in Newton of Cumbernauld j Robert Allan son to Robert Allan of Waterhpa j John Balloch in Cumbernauld Alexander Arthur there James, John, and George Russels sons to John Russel in Garbethills 14 THE HISTORY OF THE SUFFERINGS [BOOK III. who were at Bothwell, since good 1684 b numbers of them were never staged for some years, and openly frequented all ordinary places of public meeting. The Donald Bryce in Newton John Young weaver in Kildrum George Mochrie son to James Mochrie, wadsetter of Easter Barloch Thomas Smellie in Tarbrax James Ker smith in Kirkintilloch John Bryce there James Wilson in Kilmaainny John Graham in the town of Buchanron in Kilpatrick parish Andrew Campbell mason in Dumbarton John Stark younger of Kilermout in Kilpatrick parish Rober Balloch in Temple in Barscob John Mitchel in Hole William Mackay in Newton of Cumbernauld John Leckie in Bucklair in Easter Kilpatrick Renfrew. John Maxwell son to John Maxwell of Bogton James Maxwell of Williamswood John Wallace in Longside Robert M'Ewen in Cathcart John Anderson servitor to John Thomson, tenant to Dovehill William Urie in Bridge-end John Dunlop servant to John Mitchell in Longside John Mader servitor to John Thomson in Path-head Thomas Cock weaver in Longside James Greig son to James Greig in Castlemearns Alexander Syme in Alas-bridge William Jackson in Ardoch - Stevenson shoemaker at east end of Poogton John Jackson in Pollockshaws James Shepherd in Longside Robert Jackson in Eastwood, in Pollock Maxwell’s land Robert Pollock servitor to John Allison in Fleuder William Wilson in the parish of Mearns John M’Ewen in Eastwood, in Pollock Maxwell’s land Robert Taylor in Darnlie Arthur Cunningham there John Stuart in Kennished in Eastwood parish John Gilmour in Mearns parish James Murdoch in Kirkton John Young there - Holm son to George Holm, officer to Duchil John Laing in Braeside John Andrew, son to John Andrew in Torhil, in Kil- barchan parish Humphrey Atkiu in Barmushloch Atkin in the hill of Barscob in Erskine parish Robert Fulton in Barrantree James Young in Carswell in Neilson parish John Govau in Caldwell James Spreul in Uplaw James Glen heritor in Renfrew John Houston there Thomas Storie servitor to William Robertson in Walk- inshaw John Colquhoun in Barskeven Cristopher Strang merchant in Paisley John Wood in Killellan parish, in Pollock town Hugh Love in Middleton in'Lochwinnoch parish Stuart his master for resetting him James Niven in the Risk Robert Orr in Newdykes William Scott in Greenock James Mowat there design of printing the roll, is alleged to be to prevent harbouring them, and to stir up every body to persecute them. It allows such as are wrong insert to the first of Mr James Smith in Carsedyke Kelso in Greenock town James Love in Burtries James Caldwell in Risk George Stevenson in Anchinbathie James Wallace there John Fowlis in Newton of Mearns George Pollock in Pollock town John Syme in Shavock James Rankin brother to John Rankin in Tofts of Eaglesham Lanark. New Monkland parish. John Thomson feuar in Gartqueen John Russell portioner of Eastfield, forfeited William Craigie in Airdrie mill John Thomson son to James Thomson in Airdrie muii John Keddar in Airdrie town, now cottar in Rashbush Gavin Black in Craigneuk, in Monk land’s lan John Thomson in Shiels of Auchingray John Gardiner in Gartley, son to John Gardiner there Samuel Yuill in Laend John Martin in Drumbowie John Martin his son Patrick Yuill in Brackenhirst, son to Alexander i inn there Thomas Gentles in Habiesdub William Ker in Rochsoles, now weaver in Airdrie William Waddel in Riding Alexander Martin in Overshank' Russel younger in Meadowhead William Dobie Webster in Blackbog Bothwell parish. Robert Corse wadsetter in Uddingston John Muirhead in Fulzet in Laucliop’s land James Hamilton of Parkhead, forfeited Mr Thomas Hamilton of Reath, forfeited John Lawrie son to John Lawrie in Aulderston Arthur Cleland in Westfield, in Lauchop’s land John Buchanan in Sydrig Matthew Johnston in Carnbrewhill William Nimmock son to James Nimmock, gardener in Orbiston John Lawrie in Leidingston William Corsbie in Old-mill Old Monkland. John, Scott son to John Scott, portioner of Kenmuir John Morton in Neuk of Fascan Robert Wark son to John Wark of Rinnis James Johnston in Calder parish Adam Cullan in Garturk John Paton near to Roadfoot Christian Johnston, for resetting Matthew Johnston in Cairnbrewhill Gavin Witherspoon of Heathryknow, now forfeited John Corse in Stanie-rig William Nicol in Mill-folds James Baird of Dungeon-hill, forfeited Thomas Matthie in Barrachrie Alexander Crawford in Garturk Thomas Donald brother to John Donald smith in Car- mile William Kirkwood in Craeliead of Fascan John Stirling in Langline Shots. John Steel servitor to Andrew Clark in Westermoffat John Gilkerson in Bothwellshields CHAP. VIII.] OF THE CHURCH OF SCOTLAND, 15 August, to get their relaxation gratis, by production of evidences ot their having ta¬ ken the bond or test ; and there seems to be a prorogation of the time for taking the David Bryce in Auchinlie John Russel in Langbyres James Lennox in Hill of Murdiston John Forrest in Muirraealing David Newlands there John Inglis in Huntershill, now in Darngavil’s Land John Brownlie in Windy-edge James Miller in Bothwell-shieis John Brown in Moffathilis, now in Meadow-head James Jamie son in Kittarie of Shots Gavin Muirhead in Shaws James Muirhead in Castle-hill James Inglis servant to David Newlands in Meiklehare- sliaw David Newlands for resetting the said James William Allan son to Thomas Allan portioner of For- restburn John Watson in Muirhouse of Murdiston Alexander Yuill in Brackenlierst William Calderhead in Windy-edge, for resetting his son James Whitelaw in James Cather in Burn John Paterson in Bothwell-shieis John Waddel in Bedshaw George Leslie in Dunsyston, now in Bedlornie Andrew Storie son to Thomas Storie in Peperthill Gavin Paterson feuar in Bothwellshiels Alexander Gray son to Alexander Gray in Bowhouse- bog Robert Russel portioner of Windy-edge Robert Manwel son to Richard Manwel of Easter-cal- derhead Crawford. Alexander Moffat merchant in Crawford Gilbert Watson sometime in Ormingil Alexander Thomson servitor to the lady Gilkerscleugli John Williamson in Leadhill James Muir there Mr John Menzies in Wintercleugh Gavin Wallace in Leadhill. Edward Atkin younger in Abington, in Crawford-john parish James Tod merchant chapman, now in Lanark Edward Atkin in Netherton of Crawford-john William M'Caithness in Gilkerscleugh John Thomson in Mosscastle John Weir younger in Strangcleugh Douglas. John Haddow heritor in Douglas James Wilson in Townhead of Douglas Adam Thomson in Madingil Matthew Fleming in Douglas James White in Scrogtownhead Archibald Wilson in Townhead of Douglas William Cleland son to Thomas Cleland in Douglas Thomas Cleland for reset of his son William Robertson in Cotes John White in Scrogtownhead William Chapman merchant in Sandielands Christopher Umphray merchant James White son to Andrew White in Dinnan James Gilkerson weaver in Rodinhouse John Alston in Blackwood-mill Joseph Thomson in Douglas Adam Hodgean there test to that day, if I understand the proclamation. I make no remarks on the rolls ; there are many mistakes in them, but they contain a list of very good Lesmahago. Thomas Steel of Auchlochan James Weir younger of Johns-hill David Steel in Cummerhead John Steel in Waterhead John Meikle in Burtries Robert Fleming in Wester-Brackenrig John Swan in Broompark William Steel in Skellihill Thomas White in Stockbridges James White his brother John Carscallan in Auchlochan Gavin Hamilton in Meadow Gavin Weir in Waterside Andrew Leiper John White in Neuk Thomas Weir brother to James Weir in Johns-hili James Lawson in Auchnotroch John Telfer weaver in Lesmahago Thomas Yuil in Newbigging David Cleland son to Andrew Cleland in How-mains George Young in Auchnotroch George Waddel in Lin-mill Thomas Brown sou to William Brown in Town-foot of Auchlochan Thomas Weir in Auchlochan James Forrest son to John Forrest in Tlirepwood Adam Muir in Crossford Thomas Muir servitor to Archibald Forrest at the Boat thereof John Muir servitor to John Forrest in Threpwood Adam Weir in Crossford John Templeton in Threpwood John Cleland in Crossford-boat John Stobo servitor to Janet Weir in Holmhead Matthew Hamilton servitor to Craignethan John Harvie in Holm of Carse, beneath Niviland Robert Hamilton in Threpwood George Jackson in Brackenrig James Williamson in Burn John Stuart in Underbank Robert Stobo in Drafltn Coulter. Robert Atkin merchant in Biggar Alexander Smith weaver there Thomas Weir in Lammington Robert Brown smith in Hillhead of Covington Archibald Falconer in Meadow-flat James Thomson in Murrays of Thank erton William Scot sometime in Pettinain David Johnston in Clowburn Thomas Simpson in Mill-hill Quodquhan. John Liddel in Bitland Andrew Gilry in town of Walston John Meek in Angelwood John Newbigging in Carstairs Town Thomas Stark there William Pillans in Ryflat in Carstairs parish Robert Muir in Netherton of Moss- flat Thomas Johnston in Carstairs Hugh Somerwell in Quodquhan John Walker there William Denholm of West-shiels Lanark. Robert and John Alstons, son to Thomas Alston tn Lanark 16 THE HISTORY OF THE SUFFERINGS [BOOK III people persecuted for conscience’ ersinthetolbooth, who have been long there ltiS4,‘ sake. i without any probation:’ Upon their report May 17th, ‘the council having appointed a the council order eight or ten to be libex*- conunittee to consider the case of the prison- ate, on promise to keep their parish-church ; Andrew Lockhart in Nemphlar Robert Logan son to James Logan litster in Lanark William Scot son to William Scot in Byrehead, now in Holmhead Richard Martin brother to John Martin in Nether-shiel James Chalmers in Lanark Archibald Simpson there James Lockhart in Nemplhar Gideon Weir gunsmith in Lanark Mr Thomas Pillans there, forfeited James Park weaver there John Semple mason there Thomas Inglis shoemaker there John Umphray merchant Thomas Henselwood there John Howison there James Howison weaver there John Morison shoemaker there William Fergusson heritor in Lanark Michael Lamb in Lanark Robert Bruce in Nemphlar Carluke. John Gilkerson smith in Over-Kirkton William Cadjow portioner of Wester-Cadjow William Purdie collier to Sir Daniel Carmichael John Cleland portioner of Yuilshiels James Gray 'son to Archibald Gray Alexander Hamilton in Langrig John Hamilton there John Weir tailor in Cumnock John Fleming son to Robert Fleming in Fletchergate Richard Meikle in Tweedyside John Walker in Stonehouse James Smellie in Milton of Dalziel, and parish thereof James Campbell in Dalziel Gavin Jack son to Andrew Jack in Arbles of Dalziel Gavin Hamilton in Baron’s Mains of Dalziel Cambusnethan. Robert Steel portioner of Stain John Stuart in Goukthraple, now in Carnbarns Nathanael Brownlie living in .Overton of Cambusne¬ than Andrew Cleland in Fimerton William Purdie in Overton of Cambusnethan John Forrest there Gavin Brown there James Brownlie servitor to the good wife of Garinhaugh Walter Pitcairn younger in Overton James Watt there Gavin Paterson in Overton James Alexander gardener to the laird of Cultness William Paterson in Murrays John Baird in Kirkhill William Brown in Towartbush, for reset Thomas Steel in Cultness Kilbride. James Aikenhead in Kittochside John Reid in Drips Robert Lawson son to John Lawson in Clochairn George Jackson servitor to James Young in Kittochside James Young in Kittochside, for resetting him James Mochlan sonto Hugh Mochlan in Filshil-mill John Watt tailor in Kilbride William Smith in Ardochrig John Jackson in Airdston, tenant to William Luke James Wilson in Hill of Drips Andrew Struthers son to James Struthers in Skioili John Fleming in Alehouse William Fleming in Bumhouse John Hamilton in Milton of Kilbride, called meikle John William Armour in Allarton James Strang in Lickprevik Robert Granger in Nether-mains John Howie in Woodneuk, or Woodside Gavin Clark in Kittochside Andrew Young in Kirkton of Kilbride, or Castletown James Alexander sometime in Kirkton of Kilbride, now in Greenlaw John Bawdie younger in Newlands David Threpland in Peil, now in Filshilmill John Struthers in Millhouse Alexander Dalgleish in Lickprevik John Lindsay son to Archibald Lindsay in Clochairn Archibald Lindsay there, for resetting him John Bryce son to Andrew Bryce Robert Wark or Warnock in Thornton John Reid in Stainyside Joint Craig sou to Thomas Craig in Thom Mungo Cochran in Kittochside of Kilbride John Strang in Corshill James Strang his brother William Park in Raehead, not being William Pam of Larefad, who is assoilied by an assize Thomsons sons to Gabriel Thomson in Haremire Andrew Young in Kittochside John Granger in Flaikfield William Thomson in Cleirand Gavin Filsliil in Busbie John Watt in Flaikfield John Marshal in Cleddans Andrew Leper there John Fleming cordiner James Alexander sonto Robert Alexander in Grcenhills James Craig in Allarton Robert Reid in Jackton John Arbuckle in Bogton Andrew Thomson in Pollock son to David Pollock in Murray-hiU John Wilson in Higliflet John Hamilton in Rogerton Craig son to James Craig in Mains John Miller in Long-Calderwood James Park in Brisbea John Lindsay in Kirkton James Granger in Flaikfield William Hamilton in Broomfield William Paterson in Huntlirig Baird son to William Baird in Corss James Barrie brother to John Barrie younger in New¬ lands Thomas Davidson in Shiels of Kilbride Hamilton. James Paterson maltman in Hamilton Thomas Brown younger shoemaker there John Bell son to William Bell weaver there John Atkin shoemaker there John Paterson weaver there David Crawford tobacco-cutter James Tacket in Brimleton CHAP. VIII., OF THE CHURCH OF SCOTLAND. 17 they were poor country people, who had nothing to maintain themselves, and had been imprisoned for reset and noncompear¬ ance, and would not take the test. “ But Robert Semple in Kilhill Gavin Bum indweller in Hamilton Carmunnock. Archibald Reid in Castleton Thomson in Gallowhill Matthew Park in Muirside George Park his brother Robert Ker in Bouse William Smith son to Robert Smith in Waterside James Parker in Busbie John Stainly there. Blantyre. Andrew Reid servitor to Robert Smith at Blantyre kirk Rutherglen. William Riddel feuar in Rutherglen George Muir there George Scot there Miller son to Gavin Miller in Bank James Johnston in Gartushen in Calder Parish John Murray in Ballacknay, in East-Monkland Parish John Donaldson portioner of Auchinloch Dalserf. Andrew Paterson younger in Dalserf Robert Hastie in Dalbeg John and Gavin Watsons in Over-Dalserf Gavin Hamilton in Greenhill James Pinkarton son to Robert Pinkarton in Carsulioch James Shirrelaw son to James Shirrelaw in Dalserf James Coupar in Overton of Dalserf John Coupar in Dalserf John Muir servitor to John Coupar in Overton John Paterson tailor in Dalserf Thomas Summer in Over-Daleerf John Prentice in Howlathole Thomas Stuart of Cultness Glasgow. John Blair tanner in Glasgow John Urie maltman in Bridgegate of Glasgow Patrick Urie cooper there John Robertson cooper there James Cunningham merchant in the Bridgegate James Cunningham younger, merchant James Hamilton weaver within the Stable-green-port Robert Goodwin maltman Roderick Macdonald shop-keeper in the Saltmarket Robert Miller skinner at the Bridgegate Richard Ronald cooper Robert Rae weaver John Bogle pewterer in Glasgow Neil Aikenhead in Shettleston, in the Barony Alexander Stuart in New-meal-market John Hodge armourer James Mackintosh merchant in Glasgow Scot son to John Scot in Muirside John Scot in Muirside, for resetting his son Mr Walter Marshal William Smith son to James Smith cooper John Mitchel tailor in Glasgow Charles Watson there John Aird merchant there John Baird merchant John Buchanan maltman Matthew Pollock tailor William Baird cordiner John Gilfillan cordiner Alexander Peacock, for resetting him IV. remit George Hutchison of Harelaw, and George Jackson, to the justices, and continue their proceedings against David M‘Livie tailor; John Hodge sword- Robert Graham cordiner Robert Smith cordiner James Scot weaver in Gorbals John Finnison in Rothsay, in the Barony Thomas Bogle merchant in Glasgow James Colquhoun corporal William Smith son to Smith water-bailie in Glasgow Provan or Govan. John Finnison elder in Gantcraig Alexander and Peter Finnisons his sons James Watson son to Margaret Rainie in Wester-con- zellie John Govan younger, portioner of Shettleston James Logan tenant to Robert Wallenee in Hillhead John Baxters elder and younger, tenants to Robert Campbell Meikle-Govan. John Baird son to James Baird in Meikle-Govan Robert Baird his brother James Baird in Meikle-Govan, for resetting his son John Muir in Muir of Gorbals Shiels son to John Shiels in Muir John Shiels in Muir, for reset John Cumming weaver in Gorbals Thomas Urie in Little Govan Robert Muir in Titwood Robert Thom in Little- Govan Evandale Parish. Mr John Rob son to Andrew Rob in Walsley John Liekprevik son to John Lickprevik in Strathaven James Lawson younger there Gavin Alison son to Gavin Alison in Crewburn John Inglis weaver in Strathaven Andrew Dykes in Linbank, not being Andrew Dykes in St Bryde’s Chapel Thomas Brownlie portioner of Torfoot Captain Thomas Young tailor in Strathaven James Fram weaver there John Cochran in Chapel Alexander Craig maltman in Strathaven George Arkil John Brownlie son to Thomas Brownlie in Strathaven Thomas Brownlie for resetting his son William Miller maltman in Netherfield William Cochran in Crewburn, now in Glassford John Steel younger in Castlebroket Thomas Watson weaver in Little-kyp, now in Yard- bent Thomas Craig in Craigmuir James Willock younger in Glengival William Willock servitor to John Peacock in Craigbridge . end John Peacock there, for resetting him John Cecluan son to James Cochran in Barnhill William Cochran in Caimduff Mungo Dykes in Kirkwood William Falla litster in Strathaven The Persons following, being continued from the Glas¬ gow Circuit to Edinburgh, are Fugitives for not compearing there. William Thomson Procurator in Lanark Gideon Crawford merchant in Biggar James Muirliead younger in Lanark James Thomson in Harestocks John Browning there O 18 THE HISTORY OF THE SUFFERINGS [BOOK III. slipper in Glasgow, Archibald Shiels, ' James Gray of Chryston, Mr Wil¬ liam Wisliart, William Scot in Libberton, are continued until the council further John Scot in Cieddans John Simpson maltman in Glasgow Archibald Scot smith in Gorbals John Marshal of Chapel Jolrn Forrest in Threpwood John Marshal in Kilsyth David Gilkerkson tenant to Mauldslie, not being David Gilkerson in Bowman-hirst Thomas Allan portioner of Forrestburn John Nasmith, called Barou-john Umplirey Stevenson in Killearn Ayr -Shire. Galston Parish. John Campbell in Auchinruglen James Lambie in Lady-brow Andrew Smith smith in Galston Mr Matthew Campbell of Waterhouse, forfeited James Meikle in Auchinbat Michael Finlay in Newton John Lambie son to George Lambie of Crofthead John Browning younger in Riccarton William Gilmour in Galston Mr James Brown late chaplain to Cesnock Hugh Rainie b arrowm an to Sornbeg William Craig tenant there John Miller tenant there Thomas Lambie in Langside James Smith in Threpwood James Dunlop late servant to Waterhouse now in Know Robert Mitchel of Barleitch James Lambie elder in Lady-brow, for reset William Wallace in Millrig Thomas Gebbie in Newton Mauchlin. William Dripps in Nether-hillar John Gibson in Mid-hillar Alexander Pedin in Blocklerdyke John Pedin portioner of Hole-house William Donald heritor of Carleith James Simpson younger in Blackside John Paterson of Daldillan, forfeited Robert Leper in Sorn Alexander Corbet servant to Robert Henry in Burn- shiel Alexander Jamieson servitor to Matthew Alexander in Croft-foot Andrew Wylie of Logan John Lindsay younger of Long-dyke-hill Richard Walker smith in Barehouse Adam Reid in Mauchlin John Macgavin tenant to Kinzeancleugh James Fisher there William Macgavin smith in the Haugh John Mitchel ofBreichead, or Bogwood John Henry servant to John Pedin in Meadowhead William Adam servant to John Alexander in Crofthead W illiam Anderson servant to Smiddisliaw John Mitchel servant to William Mitchel in the Hill- head of Gilmour-croft William Dunbar servant to Robert Farquhar of Cath- airn William White there Robert Pedin son to Hugh Pedin in Walk Mill of Sorn Pedin also his son George Wylie in Daldillan consider their condition. The committee for public affairs, May 22d, find, that some of the rebels who have neither taken the bond or test, and have been made use of by Andrew Niven in Dalgain Matthew Anderson servant to William Ross in Hillar John Law son to John Law portioner of Barneight John Muir portioner of Hole-house John Mitchel of Bogwood John Semple factor to Barskiinming John Marshal feuar in Mauchlin James Millar in Haugh James Mitchel in the Aird Robert Mackirrow son to Robert Mackirrow in Little- farden William Hunter in Blocklerdyke Adam Wilson in Sorn John Mitchel cordiner in Whitehill MuirkirJc. William Campbell son to William Campbell of Shaw James Aird son to James Aird in Greenock town John Brown of Priestfield, for reset John Campbell brother to Wellwood John Paterson in Muirkirk parish John Campbell of Alehouse-burn James Edward son to Thomas Edward portioner of Greenock John Reid in Dalfram Dalmellington. John Sloas portioner of Dalharfrow Robert Dun in Bevvwhat Roger Dun there Gilbert Macadam portioner of Dalwhat John Dick in Benbain Quintin Dick there Hugh Cameron in Dalmellington John Cameron there William Cameron there David Macadam in Town-head James Macleir in Chamberston Andrew Mactagat in Dalmellington John Macmeiking there Walter Hunter younger there Thomas Muir in Craigmat James Dick servant to John Cunningham in Keirhill John Miller in Keirhill David Wallat in Dalmellington Adam Allan in Keirhill Ochiltree. Charles Colvil younger in Townliead James Johnston son to John Johnston there David Dun in Closs William Symonton in Butts Mr William Gilchrist son to the schoolmaster in Ochiltree Cumnock. Mr John Halbert in Cumnock, forfeited James Mitchell cordiner there Crichton in Craigman, son to Robert Crichtoi there Patrick Gemmil at the old Castle of Cumnock William Stillie there John Reid in Alexander Stillie in Townhead of Cumnock John Tennant at the old Castle of Cumnock James Dalziel near the Kirk of Cumnock John Wood son to Hugh Wood in Lowis William Lambie in Polquhays James Steel tenant to Carleton George Gemmil in Minaucht Greig there CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 19 the laird of Meldrum, and some others hav¬ ing- commission, to discover rebels, do think it fit, in regard they are under process, and so not bailable, that they be put in prison, Robert Murdoch in Knockmarnock, tenant to Drumsuy John Mackechan in Auchingibbet James Wilson at the old Castle of Cumnock William Skilling in Pablow John Campbell in Townliead of Cumnock Auchinleck. William Mitchell of Glenmuirliall John Mudie in Cubs-mill James Sampson in Haplane. George Templeton in Duston John Mudie in Auchinleck David Mudie in Cubs-mill, for reset Thomas Campbell in Hole Andrew Richmond in Waterside. Dalrymple. David Paton younger in Martnam St Quivox. John Watt servant to John Logan gardener in Millholm Speir servant to Alexander Arneil cordiner there. Adam Morton in Shiels John Bon in Millholm Thomas Bon there Cragie. James Bell in Cairnhill Daniel Wood there James Gotrie there Thomas Gemmil in Carngil John Mougersland now in Riccarton John Macakimming in Town-end of Adamhill Robert Stevenson in Carnliill Robert Goodie in Moss-side Culton. Robert Murray in Knockmurrau. Barnwell. Robert Hunter in Faill William Purdie in Spittleside, orCocks-vvell Adam Livingstone in Spittleside Charles Humphrey in Tarshaw Moses Walker in Broom-hill John Humphrey son to Charles Humphrey in Tarshaw Monklon. John Henryson in Newton of Ayr William Wilson in Preslick. Tarbolton. Allan Bowie portioner of Drumley James Ritchie there William Humphrey in Cairngillan Robert Hunter there John Tuunock in Wellfiat John Wilson in OuLmains John Harvey in Overton Alexander Harvey there Patrick Dalrymple in Templand-burn William Humphrey in Walston Adam Humphrey in Halrig John Humphrey in Birks William Hunter in Clnm Matthew Hood in Tarbolton William Spier son to John Spier officer in Overton Thomas Spier there Hugh Atkin in Adam-croft James Atkin there John Brakenrig tailor in Tarbolton John Dunbar in Auchinweik John Campbell in Yate and the justices proceed against them with all speed.” This is the reward some of those, who were useful to Meldrum and others in their oppression, got, and James Templeton in John Hunter in Langlands John Kirkland cordiner in Burnhouse. John Humphrey there Adam Humphrey there Robert Walker tailor in Tarbolton Gilbert Wilson in Path-head of Enterkin William Campbell in Boghead John Ferguson in the mains of Enterkin William Brackenrig in Shakethill Hugh Fleming there Adam Wilson in Alton-burn William Dunbar weaver in Tarbolton John Jamieson son to Andrew Jamieson in Enterkin. William Roxburgh in Tarbolton parish John Hunter in Blackhill William Ingrham in Cairngillan Riccarton. James Spier in Wraes John and James Hillhouses sons to John Hillhouse in Hoodstain Alexander Shaw servant to John Shaw in Mosshead William Andrew coachman to Robertland younger William Ross servant to Hugh Ross in Burnfoot George Wilson servant to Adam Allan in Bughouse Town of Ayr, and parish of Alloa. John Mitchel in Ayr James Richard cooper there John Paterson in Alloa Thomas Donaldson in Ayr John Martin merchant in Ayr Alexander Maccullocli merchant there Dundonald. j Robert Fulton in Dundonald John Learmont in Corsbie I Thomas Roadman in Dreghorn, now in Kilmaurs Symington. j David Wallace in Waxford Siller in Whitehill, brother to David Siller in Dalkeith ■ John Crawford in Symington Hugh Crawford Loudon. John Nisbet in Hardhill John Woodburn in the mains of Loudon George Woodburn there Robert Woodburn there William Woodburn there William Smith there, servant Hugh Nisbet son to the said John Nisbet I James Nisbet in Higliside Thomas Donald servant to Alexander Nisbet in Kna- vacklaw Peter Aird in Crimnan John Leitcli shoemaker in Newmills John Richmond younger of Know James Brown, called Breiehburn in Newmills John Campbell in Loudon-byres, alias Bolt foot, officer to the earl of Loudon James Campbell in Heads James Reid in Meadow-head William Lambie in Hareshaw John Cock portioner of Loudou-hill John Napier Cooper in Newmills Thomas Wood in Windshiels John Thomson in Foulpaple 20 THE HISTORY OF THE SUFFERINGS [BOOK III. readily, however the treason for a season was encouraged, yet the trai¬ tors were hated. Towards the beginning of June, the fa- John Brown in Craeland Robert Rainie in Loudon Robert Brown in Crosshouse Andrew Aird in Auldton William White in Craigends John Wood in Newmills or Guilfoot Robert Smith younger in Loudon-hill Patrick Murdoch in Loudon John Stuart in Loudon-byres Robert Black servitor to Hugh Alexander in Broadlie John Wylie in Loudon Matthew Gemmil there Thomas Douglas there John Nisbet there James Hamilton in Crae-lie Michael Torrence in Habtou Robert Craig in Dykes Thomas Cameron in Muirhead George Spence in Mains John Campbell in Overmuir Robert Montgomery in Mill of Newmills John Gilbert in Mains of Loudon Archibald Jamieson in Newtack George Nimmo in Loudon-hill Fenwick. Robert Wallace servant to John Hall in Glassel John Miller portioner of Raithmuir James Lindsay in Glerfin Thomas Lindsay his son Alexander Dunlop a servant in Warnockland Robert Lauchlan in Fenwick Andrew Gemmil in Bembreich John Gemmil in Nether-ames John Gemmil in Longdyke Howie tenant in Lochgoin Howie there John White in Hareshaw-hill James Kirkland in Gedrham James Wallace son to James Wallace in Gree William Currie wright in Gree William Smith in Warnockland, not being William Smith in Kilmaurs William Ferguson a servant in Rowallan’s land William Wylie in Shisland William Wylie his son Kilmarnock. John Finlay in Burnhouses William Monkland in Walston James Brown glover in Kilmarnock Alexander Murkland bonnet-maker there Hugh Dickie servant to John Dickie in Crooked-holm Walkmill Andrew Wallace in Kilmarnock John Gemmil in Netherblackwood John Brow'n in Castleliill for reset Gavin Dunlop in Holms John Gemmil younger in Muirhousc John Atkin weaver in Bonnington James Patrick in Wardlaw John Wright in Crooked-holm William Wylie in Little Blackwood, or Groudar John Connel in Monkland-mains John Craig in Gleb-lands Stewarton. James Smith at the kirk of Stewarton Edward Smith iu Chapclton mous conventicle at the Black-loch broke out, which being the occasion of much trouble to many gentlemen and ministers, I shall give what I meet with thereanent in William Galt at the walk-mill of Wark John Galt in Gateside John Longmuir in Loclirig James Johnston cooper at the kirk Matthew Barclay in Babroch-hill Hugh Dunlop in Kirkford Hugh Watt in Stewarton Kilmaurs. John Miller in Kilmaurs Thomas Rainie in Dalmusterlock Hugh Garvin in Knockintibber Robert Rainie in Fenwick Thomas Gibson in Hugh Stevenson in Knockintibber Alexander Armour there Adam Biggar in Robert Smith in Kilmaurs John Kirkland in Dalmusterlock Dunlop. George King miller in Aiket John Howie son to John Howie there Robert Weir servitor to Neil Alexander in Dunlop Robert Johnston in Peacockbank Kilwinning. Robert Fergushill notar in Kilwinning Robert Guililand in the parish of Kilwinning William Wilson in Kilwinning Town and parish of Irvine. Thomas Bryce in Irvine William Miller tailor there Alexander Stevenson there William Macleish sailor there Robert Gardiner smith in Irvine William Logan shoemaker there Stevenson. John Maclellan in Stevenson town Kilbride. Thomas Frow in Kilbride James Losk there John Losk in Laigh-ground James Boyd in Kilbride Largs parish. James Crawford in Kelburn. William Gald servitor to Alexander Thomson walker in Largs William Ross in Largs, formerly in Fenwick parish Carrick. Commonel parish. John Macmeiken of Kill St Ninian forfeited Gilbert Eccles in Kildonan’s land Alexander Gordon in Leinzie of Kildonau Gilbert Mackilwraith in Dalwliarroch John Macneish son to Gilbert Macneish in Farden Macneish his brother Alexander Maclemont weaver in Barbee Thomas Inglis younger in Knockbreck James Macalexander son to the laird of Corsclays John Macilvecock in Hirkhill Ballantree. James Macneilly of Auchairn Matthew Richmond iu Ballantree James Rowan in Hardlagan Thomas Mackissoch in Softlagan William Rowan brother to Robert Rowan in Fordhouse David Rowan in Smierton Hugh Macilwraith of Auchinflour CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 21 the registers. Conventicles now were very- rare, and the managers make as great a bustle anent this, as if the whole country had been up. The committee for public Andrew Macgill son to John Macgill in Arietclyoch Thomas Maclung in Balnoular William Macmeiking servitor to James Mackrerie in Craig in Glenap Arthur Maclemont in Shallochan Robert Rowan in Fordhouse Finlay Rowan in Smierton Girvan. John Logie in Milton of Assil John Kessan in Girvan John Macilwraith in Dinvin James Ferguson in Mill of Assil, for reset William Lemond in Pound-land Dailey. Maclarclian son to Andrew Maclarchan officer in Bargeny David Kennedy son to John Kennedy in Currow of Bargeny John Semple in Eldingston John Stevenson younger in Cambregan Thomas German there Thomas Maccubin in Blair John Macalexander younger of Dumochrin, forfeited Gilbert German weaver in Dumochrin Hugh Purdin miller in Dumochrin John Bryce in Drumillan Barr. James Macjarrow in Shang George Maclure of Bennan John Macjarrow of Pengeroch forfeited Gilbert Macilwraith of Dumorchie William Mackenna in Holm of Landochty William Macilveyand in Merkland John Muir in Shang John Macalexander in Doularg William Kessan at Barr Robert Caldwell in Bellimore Straiton. John Muir tailor in Straiton John Aiton in Binnan Allan Carrie in Largs William Carrie there John Macgyalloch in Clattie Hugh Macgyalloch there Thomas Machaffie in Larg James Sinclair in Bennen William Logie in Straiton John Kennedy brother to William Kennedy there Thomas M'Tyer in Bishop-land Andrew M‘Tyer there Robert Graham in Glenhead John Muir in Auchinroy, son to David Muir there George Thomson in Overgrimat William Macadam son to Quintin Macadam in Glenhead Alexander Brackenrig tailor in Straiton parish Thomas Black in Brockloch Maybole. David Campbell in Dinein Hugh Mar in the barony of Greenan Kirkoiwald. Matthew Donald in Arleffin James Dykes gardener in Thomaston John Macilwraith in Farden James Boyd weaver in Mounthilar, in Galston parish David Reid in Barneight, in Mauchliu parish John Mitchel in Dalgain, late servant to the lord Bar¬ geny affairs, who now have much of the council business among- their hands, * meet June 10th. That day they have in¬ formation, that on the 8th of June, a con- Robert M‘Gavin in Cumnock Macjarrow of Alti-albany William Campbell in Townhead of Cumnock James Boyle servant to John Crawford now a chapman in the said parish William Aird in Duncanzemar, in the said parish John Stuart in Shaw-wood, not Shaw-wood in St Quivox parish George Wilson piper in Whitehill, in Tarbolton parish John Gray in Sandgate, in the said parish John Gray in Tarbolton William Ingram there David Chartres merchant in Townhead of Ayr Richard Riddel in Ayr James Henry in Powkelly, in Fenwick parish John Harper in Arness, in the said parish ~ John Arnot in Hareshawhill Alexander Cameron younger in Hill of Powkelly, parish foresaid William Henry in the said parish James Gemmil tailor in Mains, in Kilmarnock parish John Anderson servant to Matthew Paton in Rushaw, in the said parish Brown son to John Brown in Castlehill, in the said parish John Bicket son to David Bieket in Bonnington, in the said parish Andrew Warnock in Irvine Mr John Cunningham a vagrant preacher John Gray in Irvine Gray his brother-in-law John Gray servant to Bedland John Garvin in Irvine John Maclean in Dobiston, in Dailey parish Thomas Mackskimming in Auchneicht, in', the said parish William Mackena servitor to Mr Fergus Macalexander in Barr parish, not being William Mackena in Bar, who hath tested John Maclemy in Milton, in the said parish William Maclean in Alti-albany, in the said parish John Macnabin in Auchinsoul David Macquarter in Auclinaroch, in Kirkmiehael parish William Thomson in Drummore, in the said parish John Smith in Drumlash, in the said parish Lockhart son to David Lockhart in Cranew, parish foresaid John Bryce servant to Drumellan younger, parish foresaid Thomas Gottrie in Cairnhill, parish foresaid Robert Macferries in Macarlagton, parish foresaid John Macquarter in Drumhill, parish foresaid William Dunn servant in Balsagart, parish foresaid The persons following were continued from the circuit, to a diet at Edinburgh, and are fugitives for not compearing there. James Paterson in Ayr James Ferguson in Ashlie-mill I John Aird in Auchinlochat William Mitchel in Creoch John Hood in Tarbolton David Gemmil in Horse-hill William Gibson meal-maker, lately in Cotestraw William Macneilly son to Alexander Macneilly now in Mains of Arstinchil ] John Arthur iu Borland j John Howie in Craich-head [ John Wilson in Saltcoats, in Ardrossan parish 22 THE HISTORY OF THE SUFFERINGS [BOOK IH- 1684 vent‘c^e was designed at Black-loch, where an hundred men were said to he in arms together ; that a party of soldiers were sent out under colonel Windram, who traced them out, and pursued, but did not overtake them. He came to the Muir- head, and traced them to Cambusnethan church, and thence to the ford of Clyde, Wigton. Thomas Macneilly in Portpatrick parish James Semple there Andrew Martin of Little Aries, forfeited William Kennedy in Barnkirk James Stuart son to Archibald Stuart in Causey-end Patrick Vause in Moclirum parish John Hay brother to Aryalland James Macyacky in Kenmuir William Macjarrow servant to Culvennan George Stroyen in Kirkowan parish Archibald Stuart in Causey-end Alexander Clingen in Kilellan Alexander Hunter of Cuhvhassen, forfeited James Soffley merchant in Wigton James Martison in Glenapil, in Peningham parish John Hannay at the mill of Peningham John Martison in Glenmougil, in the said parish Hugh Macdoual weaver in Wigton James Cairns in Peningham parish John Maclurg smith in Monnigaff Patrick Murdoch of that ilk Patrick Dunbar younger of Machrimore William Stuart son to Stuart wadsetter of Larg Anthony Stuart his son Stuart his son Michael Mactagart liferenter in Glassock Mr William Hay brother to the laird of Aryalland John Mackilhafty in Craichley’s Land James Macyacky there William Wilson in Stranraer William Tarbran late bailie there Joseph Macdoual servitor to Sir David Dunbar of Bal- doon Alexander Hay of Aryalland Alexander Maclellan in Carse of Baltersan Stewartry of Kirkcudbright. Adam Smart in Kirkcudbright Samuel Geliy gardener there Samuel Campbell weaver there John Heuchan James Robertson merchant there Alexander Mackean tailor there Thomas Paulin there Adam Macwhan there Gabriel Hamilton there John Clark there Alexander Morton there Robert Grier in Lochinkit James Mackartney flesher in Kirkcudbright William Kevan in Stoekin Neilson younger of Corsack Samuel Parker chapman in Twinham palish Alexander Birnie in Colkegrie William Halliday in Glencape James Macgowan in Auchingask Martin in Kirchrist David Braidson in Quarters Thomas Sprout in Over-bar-chapel Halloun in Lairmanoch Robert Cadjow in Craig Hugh Mitchelson Alexander Campbell weaver, sometime in Uroch John Chartres in Tongland Welsh of Scar Alexander Campbell miller, sometime in Uroch James Durham in Edgarton Anthony Macmillan in Stonebrae John Rae in Slachgarrie Richard Machesny in Moit John Carsey in Blackmire Archibald Machesny in Balhassie James Macdoual servitor to Henry M'Culloch of Bar- liolm John Auchinleclc son to John Auchinleck elder in Bal- graden Robert Miller in Laigh Risco Alexander Dugalston in Lagan David M‘Cullocli son to the laird of Ardwel Gilbert Gie in Marshalton John Campbell in Marbrack Alexander Porter in Lag John Colton in Nether-third George Campbell in Aresalloch David Canon in Firmaston John Gordon elder in Garyhorn John M'Call weaver in Craigincar John Macmillan sometime servitor to James Ferguson in-Trostan Fergus Grier in Brigmoor James Macmillan in Glenlie John Macmillan in Strangassie James Gordon in Largmore Henry Gordon in Loclisprey Andrew Macmillan servant to Nevv-galloway John Crawford apothecary there William Dempster in Armancaudie Thomas Murdoch in Barnsalloch John Tait tailor in Barmaelellau Alexander Mein in Armancande James Hook in Holm James Halliday in Fell William Macmillan in Aresalloch David Mackile in Dalsliangan James Clark in Marbrack Gilbert Macadam in Craigingilton William Grier servitor to Marian Welsh in Glenliill James Anderson in Shalloch John Wright there James Currie in the Glen John Maclachrie in Larg John Macjore in Keirland Edward Gordon in Blacke John Hannay at the bridge-end of Dumfries John M‘Gee there Roger Macnauglit in Newton of Galloway Mr William Gilchrist, Mr James Welsh, Mr John Hepburn, Mr James Guthrie, Mr John Forrester, Mr Lennox, Mr Thomas Wilkie, I Mr Thomas Vernor, J Andrew Macmillan who haunts at Monnigaff William Schaw in the parish of Burgue Mactagart sometime in the said parish Robert Gordon in Kilmair John Gourlev in Moudrogat Preachers. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 23 and that about fourscore nlen and twenty women kept together all the Sabbath. June 12th the committee send out orders to General Dalziel, at this time in the west Robert Cochran, } who hauuted in Tongland parish William Macmillan in Bredenoch Livingstone of Quintinespy Gilbert Caddel in Borgue parish John Richardson there John Bryce there William M‘Gavin there William Campbell there Walter and Gilbert M'Gee there James Robertson there John Clinton there Crichton son to Robert Crichton in Auehin- sliinoch Macmillan son to John Macmillan in Glenlie Macmillan in Greenan Gibson son to Robert Gibson in Overstrang. asbel Gilbert M‘Ewen in Carsferry Fugitives for reset and harbour James Macnaught in Newton of Galloway Gordon of Garrary William M'Call in Holm of Daltanachan John Hook in Holm Robert Hillovv in Hillowton Andrew Crock in Iron-crogo John Macmin in Fuffock William Raflil in Iron-ambrie Macjore in Kirkland John Herron sometime in Earlston, now in Hardland John Barber elder in Over-Barley John Barber younger there John Barber in Nether-Barley James Girran in Claehan James Macadam there Alexander Gourley in Greenan-mill James Macmichael in Claehan George Douglas there Edward Ferguson in Auchinshinoch John Corsan there Robert Grier in Reglen William Edgar of Gordonston George Macmichael in Carskep John Macmillan of Iron-daroch Andrew Wilson in Black-craig Robert Macmichael in Craiglour Alexander Macmillan in Glenrie John Brown in Nether-strangassel John Macchesny in Hole Robert Gordon in Claehan Alexander Gordon there John Macmillan in Glenlie William Houston in Blareny John Geddes in Bartagart James Mulliken in Knocknoon John Mulliken in Barscob Samuel Cannon in Barnsalloch Mr William Macmillan of Caldow Robert Gaa in Knocklie James Garmorie in Armanady Robert Mackartnie in Quintinespy James Edgar in Drumakelly John Grier of Blackmark William Stuart, ) Patrick Macjore, J both in Crofta Gilbert Welsh in Bank country, to examine Gavin Lawrie in Redmire, James Stuart of Hart- wood, and James Walker of Rosenall chamberlain to Duke Hamilton. That James Turner in Auchingibbet John Collinin Auchingibbet James Garmarie in the parish of Corsmichael John Garmorie in Trouden John Graham in Chapelearn Thomas and Robert Grahams in Ernefillan John Geliy in Iron-crogo John Clark in Drum John Aucliinleck in Dalgredan Robert Crichton in Auchinshinoch John Hislop in Midairds John Macmillan in Dunveoch Follow the Women who are f ugitives for reset. Marian Welsh in Glenhill Grizel Richardson in Arnworth Margaret Gordon in Mayfield Elspeth Anderson in Shaw-head Rebecca Macmichael at the Black-craig, in Dairy parish Margaret Tod in Claehan Bessie Gordon there Jean Thomson at the Bridge of Orr Grizel Fullarton good-wife of Balmagan Grizel Gordon in Over- Ardwell, in An worth Gordon widow in Glenlie Mary Chalmers liferentrix of Clairbrand. John Welsh in Drumjowan Roger Macnaught in Newton of Kells Gilbert M‘Ewen in Carsfairy William M'Call in Claehan James Chapman there John Struthers in Monnigaft Robert Gaa smith in Claehan Henry Gordon in Dundeuch Alexander Corsan in Newton of Kells Dumfries. John Clark in Puskeoch Ninian Steel in Glengar, in the parish of Penpont William Clark younger in Glenum John Glencorse in Carshogil Archibald Hunter in Terreran Thomas Hunter younger Jn Wood-end John Corsan at the Mill in Glencairn parish, called Doc¬ tor Corsan James Gilkerse in Holm Alexander Muirhead in Glencarse John Matthison in Shankerton James Corsan in Jedburgh William Harries in Kirkcudbright Alexander M'Cubie in Marwhan Robert Ferguson in the parish of Glencairn John Grier there Andrew Ferguson late servant to the Laird of Stem house William Wilson in Burnfoot, in Glencairn parish Thomas Macmurdy in Barbuy John Maxwell servant to James Grier smith in Long, mire James Harkness in Locharbain Alexander Nivinson in Kirk-bog Thomas Mulligen at the Mill of Closeburn John Padzean at the Mill of Bird-burgh James Gilkerse in Holms of Dalgarnock John M'Auld in Cleugh-head John Wilson inTinleoch THE HISTORY OF THE SUFFERINGS [BOOK III. 21< day in the afternoon, the committee ] G84. gj. £0 sen(j wcst sir William Pat¬ erson, clerk to the council, to be present with the general and others at Glasgow, to examine Alexander Gibson in Ford Robert Matberston in Land James Harper in Bennan Alexander Gressie in Clogland James Mackeg in Milton Walter Smith in Craighit John Paterson in Macquithen John Macmillan servitor to James Wilson in Straithmil- ligan James Magachan in Craigbuttoch Andrew Whitehead in Boig Robert Lauclilison in Burnside John Glover in Barshel James Osburn at Keir-mill James Watson in Hill-end John Harper in Portrap Robert Neilson in Dalswinton Robert Morrin there Robert Cowan in Auchingeith James Smith in Dalswinton James Robertson in Querrel-wood Gilbert Gilkerse in Aucliin-hastning Archibald Paterson in Clogland William Mulligen in Floors John Mulligen in Malo-ford John Smith tailor in Dalgonar William Corsan in Jedburgh Robert Grier chapman, sometime in Dumfries James Crichton also there William Fergusson son to the deceased William Fergus- son in Three-rigs Robert Dalziel in Cleugh-foot, in Dalgarnock parish John M'Auld in Tibbers Jonn Weir wright at the old Kirk of Dunscore Robert Mulligen son to James Mulligen in Beuchan Halbert Gaa son to the deceased Thomas Gaa in Dum¬ fries David Watson son to the deceased James Watson at the Carse-mill Smith son to John Smith weaver at Commonel William Spence in Amsfield John Monel at the Runner-foot Robert Fergusson in Fore-mulligan William Macneilly merchant, sometime in Dumfries Robert Cunningham in Ketloch Daniel Macmitehel in Lurg-foot John Gibson in Ingliston Robert M'Ewan tailor in Creichen, in Glencairn Fugitives for reset and converse . John Hunter elder in Cliapeland, now in Auchiuhast- ning James Mulligen in Beuchan John Ker in Monygryle James Kelman chapman John Frizzel son to Thomas Frizzel in Auchincairn John Harper in Kililing John Harper in Bennan Agnes Scot widow in Cocketfield William Mulligen in Morton-mains Thomas Harkness in Loclierbain, or Laight William Harkness in Mitchelslaks John Gilkerse in Holms of Dalgarnock John Coulter in Linns John Copland in Drumcork Thomas Hunter elder in Wood-end all witnesses and take information, who, through the country, conversed with those ro trues in arms, and to meet with the commis- sioners of justiciary now sitting at Glasgow ; John Laidley in Coig John Hunter in Be lagan William Hunter in Auchinhastning Thomas Howitson in Garvack Thomas Hunter in Brackenside William Lorimer in Morton-mill John Glencorse in Bennan John Johnston in Dalswinton James Corsbie at Glencairn Kirk John Glencorse in the parish of Tinran Andrew Bell in Kirkland Edward Maxwell of Strawhan John Nicolson in Querrelwood Stewartry of Annandale. John Latimer in Cocket-hill Thomas Latimer there John Johnston there John Forsyth in Carthat John Armstrong there Andrew Raining there Matthew Armstrong in Robet-liead James Gass there William Craik there Adam Johnston merchant in Moffat James Johnston in Hayhill William Hannan in Foulraw George Bell in Catlehill John Paterson in Sclate-mire Robert Adamson in Moffat John Clark in Nunrie Williamson in Shortlie James Moffat chapman in Crawford-muir James Forsyth in Carthat Selkirkshire. William Stoddard in Tinnis John Curril, V James Thomson, v chapmen travellers Andrew Scot, J John Speiden weaver in Fairnielie Adam Wilson servant to George Frater weaver in Gal- lashiels Alexander Brownfield servant to John Small wright there Thomas Symington servant to James Mein in Laidley- sliiel John Thomson son to John Thomson in Penchrist William Inglis servant to William Lowis in Catslack- j burn Robert Gill in Gallasliiels Alexander Kirkwood weaver there Peeblesshire. William Forbes servant to Thomas Weir in Sclathole Thomas Weir merchant traveller James Mitchell cooper in Linton Adam Hunter in Fingland James Ramage in Skirlin James Richardson tailor in Logan William Porteous in Earls-haugh James Welsh in Fingland George Hunter in Coreliead, for reset John Welsh in M union James Nicol vagabond in the said shire R oxburghshire. James Blackie portioner of Melrose David Gibson chapman there CHAP. VIII. 1 OF THE CHUItCH OF SCOTLAND. 25 and the advocate is to draw his instructions against to-morrow. Accordingly, the com¬ mittee for public affairs give orders to the advocate, June 13th, to process the heri¬ tors upon whose lands some rebels were lately seen in arms, conform to proclamation July 8th 1(182, and consent to the instructions to Sir William Paterson, Andrew Clark merchant in Gattou-side James Mercer lately in Melrose, now in Yarrow Andrew Turnbull farmer at the bridge-end of Melrose Nicol Cochran in Newton John Wright smith in Darnick Walter Davidson feuar in Melrose Patrick Davidson there Patrick Black servant to Andrew Tanno there Thomas Benzie chapman traveller Michael Shiel son to James Shiel in Haugh-head Robert Mabane in New-stead George Moffat servant to Buckholm Thomas Symington there David Martin in Gatton-side James Forsan miller in New-stead Thomas Oliver son to James Oliver in Ash-trees Andrew Jardine in Dyke-raw John Laidley in Justice-lies Andrew Oliver son to Andrew Oliver in Barnkine Archibald Shiel in Mac-side John Shiel in Gate-house-cote Adam Rutherford in Bonchester-side Walter Shiel in Abbot-rule Andrew Young portioner of Caverton John Graham servant in Newton James Owen in Birk hill James Turnbull portioner of Swan-sheil James Glendonning in Burgh, in Cavers parish Adam Ledan in Little- Cavers William Armstrong in Horse-lie Thomas Brown servitor to John Wilkie in Haffindean Patrick Oliver there John Ker gardener in Knows James Johnston late servant to John Turnbull in Cavers William Laidley in Little-Cavers James Laidley in Kirkton George Turnbull near Ederston-sheils George Telfer there Walter Noble Taylor in Elladge George Ormiston son to John Ormiston in Ormiston- maina John Shiels in Buismill Shiels his brother George Hodge gardener in Slichel James Davidson in Hole-field John Burnet servant to John Paterson in Gate-side Andrew Hare servant to Andrew Ainslie in Cleugh John Elliot son to Andrew Elliot in Nether-Chatto Alexander Wood servant to James Fala mason in Kelso Mark Hunter son to Hunter in Ancrum William Davidson tailor in Kelso James Riddel wright there John Hodge weaver in Roxburgh Thomas Yellowlees servant to John Mein in Barns Francis Murray herd in Nether-Chatto John Fletcher servant in Over-Cliatto William Gilroy brother to John Gilroy in Rutherford Thomas Turnbull in Ashlie-burn Robert Turnbull his brother William Roberton servant to Robert Grierson in Clair- law William Wylie in Belshes Thomas Aver in Bowdon William M‘Call there James Brown servant to Fauch-hill John Lindsay in Spittle-land IV. William Turnbull brother to Turnbull of Bewlie William Jjaing in Earl-side William Armstrong in Acre-know Thomas Storie there William Wigholm in Newton John Anderson in the Barns James Scot in Laica Walter Atkin servant in Chatto Andrew Moir in Netherton-shiels James Glendonning in Stobat-cate Patrick Telfer in Haffendean Thomas Braiden merchant in Hawick William Turnbull merchant there Robert Gladstanes there Walter Scot brother to Thomas Scot tailor there John Clunie barber there Thomas Turnbull called captain James Turnbull in Swan-shiel Andrew Lamb in Newlands James Glendonning in South-field Walter Laidley in Ormiston John Bell servant in Gorrinberry James Johnston in Cavers John Bell in Netherton-shiels James Scot in Humble-know-mill Robert Scot son to John Scot in Weins Robert Scot sometime saddler in Fanesh Thomas Scot servant in Hill-house-land John Stuart in Cavers Andrew Rainie tailor John Ramsay in Hawick Andrew Riddel in Little-Cavers Andrew Lamb servant to Andrew Ogilvie George Scot son to Thomas Scot in Bonchester John Porteous weaver in Ancrum William Armstrong in Tom-shiel-burn Robert Elliot in Cruikham Johnston fourth son to Bangleish Thomas Beatie tailor there Thomas Hodge schoolmaster in Nisbet William Ronaldson webster in Jedburgh William Elliot son to William Elliot in Nether-Chatto Mr Adam Alcorn in Kelso John Davidson there Davidson son to Henry Davidson in Hole-field William Faside in Ancrum Mr George Barclay Mr John Rae Mr Thomas Douglas Mr Forrester Mr Lamb Mr David Hume Mr John Kay John Owens in Melrose Land James Paterson weaver in Daingelton Robert Tait in Hungbura Turnbull son to Adam Turnbull of Hawthorn- side Patrick Wright servant to Grubet Adam Laidley in Little-Cavers Thomas Turnbull in Repertslaw John Turner son to Richard Turner in Lilias-leaf-mill Henry Laing merchant in Kelso William Edgar servant to Newton Robert Elliot in Stobs John Wood lately in Kelso now in Lanark-shire C preachers 26 THE HISTORY OF THE SUFFERINGS [BOOK III which are as follow. That he wait 1G84. Up0n (-|ie archbishop of Glasgow and the general, and show them, the committee ' expect further accounts of those lately in James Purves cooper in Ednam Scot in Maxwel-hcugh, a tailor journeyman, who haunted in Greenhead’s land William Wright sometime servant to Sir William Ben- net of Grubet John Smith cordiner, sometime in Kelso Redpath in Newton James Purves in Stitchel Alexander Wood mason, servant to James Faa mason in Kelso John Lauchop in Melrose Matthew Rutherford in Over-Chatto John Gilry in Rutherford Thomas Shiel in Denholm John Hall in Woollie-mill, servant to Andrew Turnbull there John Elliot in Cruik-hame Robert Elliot in Bait-bank-head James Greenshiels in Bimie-know Thomas Wauch son to Thomas Wauch in Glenderhead George Shiel in Kelso James Dunn weaver in Nether- Ancrum John Smith son to James Smith in Nether- Ancrum George Young servant to George Gray in Rupertlaw Thomas Moffat merchant traveller Robert Wright smith in Langshaw Alexander Ross in Nenthorn Adam Storie at Chester-house George Lamb about Bonjedburgh-mill George Young in Bedrule Robert Young his brother James Young their brother John Simpson in Stobie-cote Robert Tait in Hagburu Robert Elliot in Stobs John Thomson in Mabinshaw John Turnbull candlemaker in Hawick, for reset Robert Mercer in Darnick, for reset John and Andrew Riddles in Newton, for reset James Turnbull feuar there, for reset Thomas Turnbull in Nether- Ancrum William Lamb walker in Bonjedburgh James Shiel in Laidley-steil John Hogg weaver in Bonjedburgh James Grieve in Nether- Ancrum Adam Linlithgow in Melrose Thomas Halywel in Gattonside Thomas Turnbull of Know, for reset Berwickshire. Paterson son to George Paterson in Soutry John Linlithgow in Earslton Thomas Flebaim there Thomas Carter in Ligertwood Mr Alexander Shiel son to James Shiel in Hauglihead John Nairn servant in Hume parish Robert Leieh late servant there George Miller tailor in Middle-third John Pringle servant in Ligertwood Andrew Storie tailor in Bassindean David Brown feuar in Whitsome James Brown there Alexander Galbraith son to Alexander Galbraith in Chirnside James Reston in Hutton George Allan in Paxton George Turnbull son to Hector Turnbull there arms, and on whose ground they were seen, and of magistrates, heritors, and others, who have been guilty of connivance, or supine negligence, in not giving an account of these James Reston younger in Whitsome Paul Cowan in Preston Alexander Brown in Birkenside Thomas Steil in Martin John Blackie son to Blackie in Kittle-naked Edward Lilbura in Hackslie Thomas Pringle sometime in West-Struther James Laidley in Weatherlie Thomas Tait sometime at Flash James Galbraith in Mordington William and John Yeomans in Idington Robert Wilson in Leitholm George Dickson servant to the relict of Alexander Hume portioner of Hume John Wright smith in West- Gordon John Simpson sometime in Idington, now in Berwick bounds William Tunoch in West-Struther parish John Calder sometime in Whitsome David Brown lately there, a webster and feuar James Cowan farmer in Idington John Hastie farmer there Andrew Wood servant to John Wood in Green-law Allan Gowdie sometime in Lady-kirk now in Elspeth Lorain in Mordington for reset Thomas Service in Birghame Thomas Yeoman in Idington George Forrester in Paxton David Cowan servant to William Ker uncle to Green- head Haddington. James Johnston son-in-law to the forrester of Pancait- land-wood James Mowbray now in the barony of Broxburn William Cathie servant to David Oswald of Eastbarns John Young servant there James Stevenson wright there Alexander Carril weaver in Newton.lees James and Patrick Trails in East-barns William Barnaby servant to William Cowan in Belton William Watt servant to John Dawson there George Tod weaver in Tinninghame David Anderson servant in Tinninghame Richard Shireff son to Patrick Shireff in Knows John Carfrae servant in Houston Patrick Johnstone cordiner in Haddington Mr Robert Langlands son to George Langlands lately in Elvingston Alexander Campbell, chapman in Wester Pencaitland John Knight, chapman in Wester Pencaitland Thomas Brown in Standers James Burn servant to William Wilson in Nungate George Knox in Laehead Andrew Alison chapman in Inverwick Thomas Bell in East-barns Cornelius Lyel there John White chapman in Preston James Taylor servant to the lady Long-formacus John Simpson chapman in Broxburn William Stevenson son ant to Mr John Reid in Proston- pans Robert Brotherstones glover in Preston Archibald Wilson litster there John Inglis son to James Inglis weaver in Wings Andrew Redpath son to Jolrn Redpath in Middlemoninet John Lyel shoemaker in Inverwick CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 27 rebels, to the counsellors, or officers of the army, to be punished exemplarily conform to law, and the proclamation, July 1682, which clearly meets with this case ; and that Stuart of Hartwood and Walk- er be most strictly examined, and if not ingenuous, that they be imprisoned, and Lawrie to be strictly examined, and his William Lyel shoemaker there Thomas Badger servant to Patrick Cowan smith there Thomas Sanderson servant to William Knox Jolin Alison, ) John Neilson, J servants to the lady Whittinghame William Kello servant to George Knox in Laehead James Fowler in Pople Andrew Dickson chapman in Howdon Adam Ker servant to Thomas Caldwell in Randerston William Knight in Over- Keith James Thomson elder in Elphingston James Johnston in Ormiston William Shiel Collier at Elphingston Patrick Barber baxter in Tranent James Miller smith in Wilton Thomas Craig brother to William Craig in Inverwick John and William Grieves websters in Woodhall James Heriot in Popilton James Bridges litster in Nungate Adam Hislop in Barns-mill William Brotherstones lately in Elvingston, now in Heilie William Blair servant to Redpath in Middle- moninet John Paterson late servant to the lady Whittinghame William Yuill in Traprain Alexander Bartol in Ormiston Halydav son to James Halyday in Elphingston William Stevenson in Prestonpans Edinburghshire. William Cranston servant in Goodtrees James Harvey merchant in Dalkeith Thomas Henryson lately there Thomas Ramsay in Carrington Robert Wilson there George Pentland servant to James Wilson there George Haig wright there William Cumming in Stobs Alexander Bogholm lately in Carrington parish David Williamson barrowmau to Sir John Nicolson of that ilk Robert Keddie servant to the gardener of Nicolson John TiDto servant to Stephen Brown in Nicolson James Barrowman in Esperton Robert Niven there John Bryson in Nether-Shiels Simon Lowis in Castleton James Pringle in Longfauch James Douglas vintner in Stow Thomas Wilson wright there James Stoddart in Shielie George Dickson in Little-Catpair James Turner in Stow David Ancrum there John Smeabeard in Torcraik Robert Wright in Gateside-hall John Brown in Ladyside Robert Ronald in Fala-hill Alexander Multerer in Mid-Calder John Brown smith there Thomas Ferrer herd and weaver in Moorieston John Young son to Thomas Young in Guill Thomas Williamson eon to James Williamson in Over- Cranston in Easter-Calder James Graham servitor to Thomas Paterson in Lum- phoy John Wallace gardener to Mr John WTatt of Rosehill Andrew Henryson weaver in Moorieston Robert Brown tailor in Calder-town James Mitchel in Ratho James Pettigrew servant to James Thomson in Bon- nington David Somerwel prentice to Thomas Somerwel his brother John Moutray, William Aikman, Patrick and Alexander Stuarts in Ingliston Gavin Wallace there Samuel Black servant to Margaret Lawson there Andrew Mackornet in Bog-end John Murray of Lumph-ford Alexander Henryson merchant, sometime schoolmaster about the foot of the West-bow George Pringle lately in Cowsland, sometime in Wool- struther William Steel collier, sometime at Newhall in Penny- cuik parish William Cranston in Stow Douglas about the Stow James Balleny younger at Hartburn-head Alexander Marshall brother to Thomas Marshal there Thomas Hardie near to West-Calder kirk James Young weaver at West-Calder Robert Anderson brother to William Anderson at Blackmire John Purdie in Chimmes, tenant to Douglas of Morton John Hamilton sometime in Phumferston James Lindsay in Seims James Tennant in Letham William Aikman wright in Calderclear George Bryson in Goursnout Patrick Stuart in We3terton of Ingliston Alexander Stuart there James Henryson son to Thomas Henryson there William Reid shoemaker, sometime in Fisher-row Nicolson servant to Robert Burnton shoemaker in Dalkeith Hamilton in the mains of Ingliston William Shaw cordiner in West-Calder Stoddart son to James Stoddart, who lived at Galla- water Mr Archibald Burnet son to Mr Robert Burnet advocate John Row chamberlain of Carrington George Young in Waterston Linlithgowshire. James Gilbert servant to James Classen in Couston Alexander Forsyth tenant in Livingston John Ravilton shoemaker there Patrick Smith servant to Patrick Classen in Carmonden William Ferrer servitor to Alexander Bryce in Little- Dechmont William Mill in Auchin-hard John Dick son to William Dick in Brerich John Henryson in Whiteburn James Wedderlie there George Wardroper in Easter Whiteburn James Wardroper in Craigmalloch James Steel in Dunheigh 28 THE HISTORY OF THE SUFFERINGS [DOOK III. wife and servants, since the rebels, in a body, drank at his house. It is to be considered, that those three persons are exceedingly to be blamed, that they did not dog and follow those rebels, and give present information, and have palpably con¬ travened the tenor of the said proclamation. You are to show, that the committee for public affairs are displeased with the slow¬ ness of the procedure of the commissioners of justiciary at Glasgow, against the rebels and other disorderly persons now prisoners at Glasgow, and advise them forthwith to proceed according to law and their instruc¬ tions. Such against whom the probation is John Lillie threadmaker in Borrowstonness John Drysdale weaver there James Taylor weaver there Robert Short cordiner there Alexander Watson tailor there Thomas Philip in Falkirk Mungo Wallace in Blackness John Gib in Craigton David Savage in Philipston Alexander Reid in Humbie William Miller in Steels-land-head James Wood in Gallowscruik James Young in Dundas Duncan Fergusson in the Ferry John Dougal there James Steedmont in Duntarvie Adam Dauling in Carlowrie Alexander Anderson in Kirkliston William Angus servant to Alexander Reid in Humbie William Thomson tailor in Queensferry Duncan Forbes there James Barker in Craigie James Gib in East-end of the Ferry John Thomson in Dundas David Raulton servant to Alexander Telfer smith in Riccarton James Stuart in Bathgate James Nimmo son to William Nimmo in Bogliall James Angus in Kirkton John M'Culloch servant to serjeant Pottison in Lin¬ lithgow Thomas Borthwick servitor to John Grieve cordiner there David Jamie younger there James Johnston pretended captain to the rebels David Savage tailor in Ochiltree John Rae servant to Andrew Powrie apothecary in Linlithgow William Kennedy servant to Andrew Duncan treasurer there William Jack slater there George Lapsley miller in Linlithgow John Deuclian weaver there James Miller in Goremire Andrew Eslmont under Dechmont George Johnston son to John Johnston in Tail-end James Watchman seaman in Borrowstouuess Alexander Reid in Strabrock parish, under Cardross George Ravilton tailor in Craigietou George Robertson in Duntarvie clear, or who confess their being in the re¬ bellion, and continue obstinate in their re¬ bellious principles, are to be instantly sen¬ tenced and punished according to law; such as are penitent, and disown the rebellion, and all rebellious principles and practices, are to be forthwith banished to the planta¬ tions, in the terms of the former acts. As to the rest of the prisoners, against whom there is no clear probation of their being in the rebellion, and will not confess their being accessory thereunto, yet if they or any of them will not acknowledge the in¬ surrection at Bothwell-bridge to be rebel¬ lion, and a sin against God Almighty, and Alexander Watson servitor to Patrick Young in Bridge- house John Vauch servant to John Salmond in Kirkingsliaw John Brown in Barlornie William Auld servitor to John Fleming in Redburu Peter Russell son to Robert Russell in Bedlornie Robert Walker servitor to Robert Gray there Thomas Muir servitor to Duntarvie Archibald Cuthbertson cooper, haunting about Calder- muir John Jamieson skipper in Queensferry Alexander Bishop servant to John Thornton in Davids- town George Young weaver in Loan-head Patrick Hardie in Houston’s land Patrick Allan son to James Allan goodman of Kincavel Smith in Riccarton Park Arthur Thomson servant to Robert Russell of Bank- head James Stuart in Bathgate Thomas Hall in Bancrief-land David Houston in Goremire John Henryson in Brow John Eadie son to Alexander Eadie in South-Logiebrac Fugitives for rebellion and treasonable crimes, since November, 1683. William Cuthbert weaver in Hamilton James Begg in Whiteholm William Howatson in Pinclo James Shiel in Meikle-hill William Douglas in Lauchop-mill James Crawford in Rigg John Browning elder in Riccarton in Ayrshire Hugh Atkin in Tarbolton James Aird younger in Muirkirk Thomas Steel in Martin in Berwickshire Thomas Forrester in Carden, in Stirlingshire John M‘Adam in the parish of Cardross Hector Paton in Mauchlin in Ayrshire Matthew Paton in Mauchlin in Ayrshire John Cunningham in Powkelly, in the said shire Robert Gilkerson in Carluke, in Lanarkshire Gavin Wood wright in Glasgow Walter Lockhart of Kirktown Joseph Henryson in Craigbog, ) John Young in Threpland, ( in Renfrew- Andrew and William Young his sons, C shire James Spreul apothecary in Paisley, J John Hutchison portioner of Newbottle Sir John Cochrane of Ochiltree CHAT. VI 11.] OF THE CHURCH OF SCOTLAND. 29 refuse to declare that it is unlawful for subjects, upon the account of the covenant, or any account whatsomever, to rise in arms against his majesty or his authority, and the present government in church or • in state, and refuse to enact themselves never to rise in arms, and to live regularly, and keep their parish-churches hereafter, and refuse to take the oath of allegiance, that they be immediately banished to the plantations, as above. And generally, you are to advise the said commissioners, in any thing relating to their commission, that may contribute for his majesty’s service.” Sir William Paterson returns, and makes his report to the council, June 19th. As to that part of his instructions with relation to the banishing people to the plantations, we have had the report above ; and as to the matter of the Black-locli, “ the lords find, by examinations taken by the said Sir . William, that the most part of the heritors and inhabitants of the parishes of Shotts, Cambusnethan, and Monkland, have been extremely guilty, in not giving any infor¬ mation anent the said armed rebels, though they did march through those parishes, to the number of eighty or an hundred armed men ; that the heritors have been remiss and supinely negligent in their duty, and neglected to Five timeous information of r> O the said rebels, and appoint them to be cited against Tuesday the first of July, and the sheriffs of Stirling, Linlithgow, and Lanark, to be cited to the same day, as also Stuart of Allanton, Stuart of Hart wood, William Cochran of Ochiltree younger, Walker of Hacketburn, ou whose lands, and near whose houses the said rebels appeared in arms, to be cited to that day; and in regard Mr William Violant, indulged minister at Cambusnethan, albeit the said rebels passed his house in rank and file in arms, did not give informa¬ tion thereof to any magistrates and officers of the army, though some of them lay within three or four miles of him, the lords do ordain him to be cited.” The same day, the sheriffs of Mid- Lothian, Peebles, and Linlithgow, and the heritors of the parishes in whose bounds the rebels were seen, are cited to appear before the council, in the terms of the proclamation, July, 1682. The par¬ ticular sufferings of those gentlemen, ministers, and others, who were brought to trouble upon the account of this conventicle, will come in upon the next Section ; and this is growing so much, that it will be proper to leave them to it. I only remark further upon this subject, July 16th, that the com¬ mittee for public affairs write a letter to Sir William Murray of Stanhope, Sir Archibald Murray of Blackbarony, John Veitch of Dawick, signifying, that there was a conventicle kept, June 1st, at Carn- hill, and another at Colstons-loup in Peebles¬ shire ; and complain those gentlemen had not given advertisement of them, according to the proclamation of council, July, 1682, which at this diet the council order to be reprinted, and order them to make diligent search, and apprehend the hearers and preachers, and take the assistance of the garrison at Boghall. We shall afterwards hear of particular prosecutions for these conventicles. July 14th, the council recommend it to Claverhouse, to inform himself of the heritors of the lands where some rebels had laid an ambuscade for the king’s soldiers, and one of them was killed, and of the substantial tenants, and report. This is what I have observed this year, until the new commission sent down this month to the council, which I come now to take notice of. Upon the 15th of July, a new commission comes down from the king to the council. None of the former members were left out, and some new ones put in, and new powers were granted ; and at the same time the earl of Perth is declared chancellor in Aberdeen’s room, and Linlithgow is justice- general. That day the king’s letter was read to the council, which deserves a room here. “ Charles R. Right trusty, &c. whereas, for weighty reasons, we have thought fit to recall the late commission of our privy council, and being fully assured of the entire loyalty and affection of you who were in that commission, we have thought fit again to nominate you, together with some others, (of whose loyalty we have good reason to be assured) to be in the 30 THE HISTORY OF THE SUFFERINGS [BOOK III. 1684 same caPacity> 11 doubting, but as you have always continued zealously and faithfully to serve us, by administrating justice, maintaining our authority, asserting our prerogative, and refused to comply with any such, as inclined either to support or countenance fanatical, or disaffected and tur¬ bulent persons ; so we doubt not, in considera¬ tion of this trust we repose in you, and of your duty to us, you will go on firmly and faithfully in our service, by doing justice to our people, by putting the laws vigorously in execution against the fanatics, those enemies not only of our person and government, but likewise of all religion and society, from whose principles we can expect nothing less than rebellion and conspiracies. We do therefore recommend to your par¬ ticular care, to prevent their malice, by all legal and suitable means, prosecuting and disabling all such as you find obnoxious to our laws and government. And that you might meet with no impediment from us, we have removed from our councils and highest offices, all such as we thought forward in favouring, and slow in proceeding against them, or countenancers of disaffected and turbulent people, that you may see how in¬ consistent our favour is with those ways. In the next place, we require you to en¬ courage our regular clergy, by maintaining them in their just rights and privileges, and securing their persons and goods from vio¬ lence and outrage, especially our archbishops and bishops, seeing we look upon all discour¬ agements they unjustly meet with, among the highest affronts to our authority. You are likewise to advert to the security of the peace of the country, preventing, by all suitable means, the disorders that may arise from Argyleshire, and other disaffected places ; and in every thing, not only in your joint but separate capacities, doing w hatever may most conduce to the advance, ment of our interest, maintaining our pre¬ rogative, and securing your own peace and prosperity. In confidence whereof wre bid you heartily farewell. Given, &c. Windsor, June 13th, 1684.” Reflections upon this paper formed by the managers, are needless; they grow' in their reproaches and spite at the suffering presbyterians, and make the king charge all who go under the name of fanatics, with such principles as they were entirely free of. If the earl of Aberdeen and others now displaced, be pointed at as favourers of, or at least slow proceeders against the suf¬ ferers, it is very much for their honour. However that be, it is plain from this letter, that the main work of the council was to maintain the king’s prerogative now suffici¬ ently absolute, support the prelates its crea¬ tures, and to be their burners * in persecut¬ ing the suffering presbyterians ; and to these they engage themselves in their re¬ turn to his majesty that same day, which I likewise insert. “ May it please your sacred Majesty, “ We should be sorry that our affairs have of late been so troublesome to your majesty, if we found not, by your majesty’s gracious letter, dated June 13th, that your majesty has thereby understood perfectly your ow n interest and ours : Nor can we doubt, but that hereafter, all who serve your sacred majesty, will be convinced there is no se¬ curity in complying with turbulent and disaffected people, though that compliance was become of late very plausible, from the principles of fear or popularity : it being truly much easier, nobler, and safer, to dis¬ able your enemies than to flatter them. In return to this your majesty’s most graci¬ ous letter, we again renew, with all our heart, the most sincere offer of our lives and fortunes, with our grateful acknowledge¬ ment of the great kindness done to us, in preferring such among us to the chief em¬ ployments, as deserve to be our leaders in those dangerous times, and whose prefer¬ ment being the effect of your majesty’s per¬ fect knowdedge of their tried merit, give us just occasion to believe they w ill, by their deportment, justify your majesty’s royal choice, and awake the diligence of such as are joined with them. We also, whom your majesty has honoured with the great trust of being privy counsellors, by this your last commission, find ourselves obliged to bestow all possible pains and diligence, in serving so gracious and so judicious a mon- * Burior, Burriour, S. an executioner. Bel- ienden, Fr. Bouneau, id. — Dr Jameson’s Dic¬ tionary. — Ed. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 31 arch, in the way which, because your ma¬ jesty prescribes it, we have, among other reasons, just cause to believe to be the best. And therefore, Sir, we shall do our ut¬ most to administrate justice to your subjects* maintain your authority, assert your prero¬ gative, protect the orthodox clergy, and suppress fanatics, and to deserve in every thing, as far as is possible for us, the happy name of “ Your Majesty’s most faithful, most humble, and most obedient subjects and servants, “ Subscribed ut in Sederunt .” It hath been remarked, that the commit¬ tee for public affairs have had a great part of the work of persecution committed to them by the council : Thus they continue to do, and therefore at this first sederunt, the council fail not to appoint this commit¬ tee. The members and powers of it follow. Act anent the committee for public affairs, July 15 tli. “ The lords of his majesty’s privy council, considering that, from time to time, they have been in use to appoint a committee for public affairs, and whereas now by his majesty’s late commission to his council, the committee formerly nominate is dissolv¬ ed, and it being necessary for the adminis¬ tration of his majesty’s affairs, that a new committee be appointed, do therefore here¬ by nominate and appoint the archbishops of St Andrews and Glasgow, the earls of Linlithgow, Balcarras, and Tweedale, the lords Drumlanrich and Livingstone, the lairds of Drumelzier and Claverhouse (officers of state and lord president of the session being always supernumerary) or any three of them, to be a committee of council for public affairs, with power to them or their quorum foresaid, to receive accounts, from the several magistrates of the kingdom, of their procedure and diligence in the exe¬ cution of the laws against fanatical and dis¬ orderly persons, as also from the officers of the army anent such persons, and to call and examine prisoners, or such persons as they shall have reason to suspect guilty of seditious or treasonable crimes, or of public disorders, and to imprison or dismiss them ' as they shall find cause ; and gener¬ ally, to do all and sundry other things which may be expedient for his ma¬ jesty’s government and the peace of the king¬ dom; and appoint their first meeting to be to-morrow at three of the clock afternoon, and thereafter at such times as they shall think most convenient; and accounts of their procedure to be given in for their approba¬ tion.” Thus we have the beginnings of this new appointed council; they just go on where they left, and we shall find them prosecut¬ ing heritors and others, for not raising the hue and the cry. I only notice some of their more general acts, July 17th. “The council being informed that the rebels have been seen passing through s ome parts of the shire of Ayr, and that the heritors and in¬ habitants have not given advertisement, grant commission to the sheriff- depute, and captain John Jnglis, or any of them, to call before them and examine upon oath, all such persons as can give best information of the heritors through whose lands the said rebels were seen to pass, and send in an account to the council.” I need scarce notice that these rebels so much sputter is made about, were Mr Renwick’s followers, who were obliged at the conventicles, and I may say almost at all times, for their own defence, to carry arms ; and such of them, whose way homeward from conventicles lay together, are the rebels now marching up and down the country. But not satisfied with those orders, July 22d, a proclamation is emitted for discover¬ ing rebels and their resetters in the west, which I have added below.* The penners * Proclamation against Rebels, July 22 d, 1684. Charles, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith : to our lyon king at arms, his brethren, heralds, macers of our privy council, pursuiv¬ ants, messengers at arms, our sheriffs in that part, conjunctly and severally, specially consti¬ tute, greeting. Forasmuch as, by the nature of the monarchy devolved upon us by God Almighty alone, and by the inherent privilege and pre¬ rogative of the imperial crown of this our ancient kingdom, we are sufficiently empowered to take such courses and methods, as, according to the circumstances of the times wherein we are stated, may best secure our royal government, and our innocent and peaceable subjects : as also by the laws and acts of parliament of this our kingdom, all sheriffs, stewarts, lords, and bailie3 32 THE HISTORY OF THE SUFFERINGS [BOOK III. ( ^ of this paper make the king- assert, “ That the monarchy is devolved upon him by God alone which, in the plain and ordinary sense of the words, is not true, and would have been very far from his style in the year 1649 or 1660, when the monarchy was made over to him by the presbyterians, and those very people in England and Scotland whom he hath been violently per¬ secuting for upwards of twenty years. The proclamation adds, ‘ by the nature of the monarchy’ devolved thus on him, and by his * inherent prerogative’ he was empow¬ ered to take such courses for securing the go- vernment as were best, that is, such methods as he pleased, without any proclamation, or acts of parliament, as the tenor of this sen¬ tence necessarily gives us to understand it ; which is a plain avowing the nature of this government was tyrannical, and that ty¬ ranny was from God. Whether this cause is designed to be a cover for the murders committed in the fields by the soldiers in cold blood, I cannot say : but we shall find of regalities and bailiaries, and their deputes, are obliged, when any rebellious and disorderly peo¬ ple appear openly in any of their jurisdictions, to convocate our lieges, and to raise the hue and cry against them, and never leave the following and pursuing of them, till they be chased out of the said jurisdictions, and to take and apprehend them, and bring them in, and present them to justice ; and that the heritors, commons, and generally all our lieges, are bound to concur with them. In which, if they fail, as in that which is their duty, we must take such other courses as may most effectually secure our royal government, and good subjects. Yet it is undeniable, that, for many years, great numbers of armed rebels have most insolently and rebelliously gathered themselves together, and have not only marched up and down our western shires of Clydesdale, and other shires besouth the river of Forth, but have assaulted and murdered severals belonging to our forces, burned our laws, and excommuni¬ cated our sacred person ; and of late, in the month of June last, about two hundred armed rebels have presumed, to the great contempt of our authority, to march openly through several of the said shires for many days together, threat¬ ening the orthodox clergy, and murdering our soldiers, and have, at last (when they found it convenient) disappeared, being certainly and undeniably harboured and reset by the inhabi¬ tants of those shires, without sufficient diligence done by the sheriffs, and inhabitants of the said shires, either for dissipating them, or for dis¬ covering their resetters, and bringing them to justice ; by which preparative, if allowed, all rebels may safely rise in arms, and yet be secure. We therefore, with advice of our privy council, do hereby command and charge our sheriffs, Stewarts, and others in the several shires fore- said, as they will be answerable upon their | in the last section a very barbarous one committed in Ayrshire, this same month of July. Next, the subjects are told, that if this terrible hue and cry be neglected, other and effectual methods will be taken. What those were are not expressed, and the reader is left to guess whether a larger stand¬ ing army, a highland host, or rather the sanguinary and inhuman orders to kill in cold blood, all who did not answer the sol¬ diers’ interrogatories, given towards the end of this year, be meant, and were in view. It follows, that two hundred armed rebels marched up and down. Informers could soon make two hundred of fifty, but when their own registers make them but eighty, and that just at the dismissing the conventicle, we may see what weight is to be laid upon the numbers in their public papers. It is wisely inferred, they behoved to have been harboured and reset in the shires they marched through ; undoubtedly they could not live without meat and drink, and yet one would think two hundred men duty, and highest peril, with whom we com¬ mand the heritors and commons to concur, to apprehend, and bring in to justice the persons of the said rebels, who appeax-ed openly in the said shii-es, and to discover to us, and our privy council, betwixt and the fifteenth day of August next, all such as did reset and intei-- commune with them ; with certification, that, if they fail, we will, for pi'eserving the public peace, and our good subjects, take such other effectual courses, as, in our royal prudence, we shall find most fit for preventing rebellions, and securing the public peace in the shix-es above- mentioned. And to the effect our pleasure in the premises may be known to all our lieges, our will is hei'efore, and we chai-ge you strictly, and command, that incontinent, these our letters seen, ye pass to the market-cross of Edinburgh, and whole remanent market-crosses of the head bui-ghs of the shii-es of this kingdom, on this side of the water of Forth, and there, in our name and authority, by open proclamation, make publication of our pleasure in the premises, that all persons concerned may have notice thereof, and give punctual obedience thei-eto. And we ordain the sheriffs of the said shires to cause forthwith publish this our proclamation, at the sevex-al market-crosses within their respec¬ tive shii-es and parish kirks, and the ministei-s of the respective pai-ishes to read the same from their pulpits upon a Sabbath-day, after divine service. Given under our signet, at Edinbui-gh, the twenty-second day of July, one thousand six hundred eighty and four, and of our reign the thirty-sixth yeai\ Per actvm Dovunorum secreli Concilii. Will. Paterson, Cl. seer. Concilii. God save the King. CHAP. VIII. ] OF THE CHURCH OF SCOTLAND. 33 in arms would take subsistence upon paying for it, if it were refused them. But all this is a fetch to bring in the sheriffs, &c., their orders to apprehend them, and inform the council w ho reset them, against the 15th of August, otherwise other and effectual me¬ thods would be fallen upon ; and we shall find, that within ten days, w ithout waiting so long, the army is sent west. This pro¬ clamation is to be read from all pulpits after divine service, which, I believe, the ortho¬ dox clergy wrould not forget. And it opens a new door for a general harassing of the country. That same day another procla¬ mation is emitted, ordering all the forces and militia to be in a readiness to suppress the rebels. It is much in the same strain with the former, and so needs not be insert. July 23d, the council form an act, and record it, relative to the thumbkins, for the terror, as we shall hear, of Mr Spence and others under process about the plot last year: and being but short, I insert it here. “ Whereas the boots were the ordinary way to expiscate matters relating to the govern¬ ment, and that there is now a new invention and engine * called the ‘ thumbkins,’ which will be very effectual to the purpose and intent foresaid, the lords of his majesty’s privy council do therefore ordain, that when any person shall by their order be put to the torture, that the said boots and thumb¬ kins both be applied to them, as it shall be found fit and convenient.” Accordingly, as w'as threatened in the proclamation just now named, the council fall upon other methods with a witness, for oppressing the country, besides the exami¬ nations of the sheriffs, and send the army to the west country, and empower the officers to examine the country. The act will give the best view of this, and follows. Act anent the army, August Is£, 1684. “ The lords of his majesty’s privy council considering, that several desperate rebels do daily break out in arms in multitudes, at their seditious field-conventicles, and lay ambuscades for his majesty’s forces, and * I he council are mistaken in calling the thumbkins a ‘new invention;’ they are the same as the thumbscrews which were found on hoard the Spanish armada ; specimens of which are shown in the Tower of London. — Ed. IV. kill some of them, and rescue pri- ^ I 1 /?Q I soners in their custody, to the high 1 r' contempt of the laws, and affront of his majesty’s government, to prevent and sup¬ press all such rebellious courses for the future, and to reduce the country to their due obedience, and not to suffer any skulking vagrant rogues to go up and down the country, to the disturbance of the peace thereof, and disquiet of the kingdom, have thought fit to dispose of his majesty’s forces, so as they may be most fit for service ; and therefore recommend to general Dalziel to continue the foot where they are, and further, that he dispose the other forces as follows. One squadron of his majesty’s guard in and about Edinburgh ; the second squade to go to Fife, and quarter as the earl of Balcarras shall order ; that Sir James Turner and his company of dragoons, attend near Glasgow ; that Mel- dnun and his troop of horse, and the lord Charles Murray’s troop of dragoons, go to Teviotdale ; that the general’s troop of dragoons and captain Strachan’s lie at garrisons in Galloway and Nithsdale, the lord Drumlanrick’s at Dumfries ; that two squadrons of the guards, Claverhouse his troop, the lord Boss’ troop, captain Inglis and captain Cleland’s troop of dragoons be for Ayrshire, or any where else the com¬ manding officer shall think best for the good of the government ; that Claverhouse and lieutenant-colonel Buchan, commanders of the five troops in Ayrshire, continue, w ith power to them, or any of them, in the other’s absence, to command and give necessary orders to them, and the haill forces, foot and horse, and dragoons, in the shires of Ayr and Clydesdale. And to the effect discovery may be made of the rebels in arms, and such as have been present at field-conventicles, and upon whose lands these conventicles have been kept, or were seen, and did appear, may be known, the said lords empower and commission colonel Graham of Claverhouse, and lieutenant- colonel Buchan, or any one of them, or, in their absence, such as they shall think fit to appoint, (for whom they are to be answerable) to call for and examine upon oath, all such persons as can give any in¬ formation in the premises ; and for that 13 34 THE HISTORY OF THE SUFFERINGS [BOOK III. effect to use all legal diligence, and 68^' ordain them to report an account of their procedure as soon as possible.” I need make no observes upon this act. 1 suppose the ambuscade spoken of here and elsewhere, was the attempt made at Enterkin-path, upon a party of the sol¬ diers carrying in some prisoners to Edin¬ burgh. The shire of Ayr still continues to be the butt of the army’s fury, and more forces are cantoned there, than almost through all the rest of the country. And the commanding officers of the army, yea, whomsoever they shall please to substitute, are put in the room of the ordinary magis¬ trates, and have power to examine the country upon oath. That same day, August 1st, the council form a very ill-natured act, as to the poor people in prison, full of severe threatenings. “ The lords of his majesty’s privy council having resolved, that all persons now in prison for crimes against the government, in the tolbooths of Edinburgh and Canon- gate, for being in the late rebellion, or reset of rebels, be speedily brought to justice, do ordain his majesty’s solicitors to visit the tolbooths of Edinburgh and Canongate, and report what prisoners are there on these accounts; that it may be recommended to the justices, to proceed and pronounce sentence of death against them immediately, which sentence they are to cause execute within six hours after pronouncing of it ; and command the com missioners of justiciary at Glasgow am Dumfries to proceed immediately against the prisoners in the tolbooths there, in the like circumstances, and pronounce sentence of death against them, and put the sentence in execution within three hours after the pronouncing of it.” Such barbarous acts to hurry good people into eternity in six hours’ time, make my hair stand when writing them, and T think are no where to be met with but from a Scots council; am yet the orders given the end of this year, for killing in the fields in a few moments go beyond them. Perhaps it is upon the report of those sent to the prisons in Edin¬ burgh and Canongate, that August 5th the council find good numbers of the prisoners seized, as being in the rebellion, only be¬ cause of the same name with some who iad been there ; and others because they were with the rebels, seeking for their goods and horses some days before Both- well. Those, upon their petitions, are re¬ eased, and it would swell this work too much, to insert all such as by the records I find were wrongously imprisoned. August 19th, the lords of his majesty’s wivy council considering, “ That several of the persons called and examined before them¬ selves, will not own the king’s authority, but according to the covenant, and their own treasonable limitations, do hereby give order and warrant to his majesty’s advocate, to process and indict such of these persons as are already brought in, or shall be brought in for the said crime, before the justices, that they may be proceeded against according to law.” Thus the owning of the king’s authority according to the cove¬ nants, was made treason, which was what the parliament would not venture on, and only discharged the owning of the obliga¬ tion of them. By this processes were in- tented against multitudes of country people, who would own the king no other way but in a consistency with the word of God and covenants. Thus a blot and stain is put on what was, and will still be the glory of these lands, that they were devoted to the Lord, and religion and reformation, and our valuable civil liberties solemnly en¬ gaged into. When a papist was near to mount the throne, it was high time to put the greatest contempt upon those great bulwarks against popery. Another report is made at the same diet of council, as to the state of the prisoners, in the Canongate and Edinburgh tolbooths, by a committee formerly appointed for this end. It seems, either the solicitor’s report did not satisfy, or new prisoners were come in since, and indeed they Avere sent in in crowds every week ; and the council ap¬ prove the report, “ that about twenty of the prisoners (mean country people, from Glas¬ gow and Ayrshire) be set at liberty upon their enacting themselves to keep their parish-kirk under five hundred merks penalty, and to live regularly ; that Robert Thom in Carmunnock, William Campbell at Muirkirk, Gabriel Thomson in Carmun- CHAP. VI1L] OF THE CHURCH OF SCOTLAND. 35 nock, John Ure maltman in Glasgow, John M‘Levy shoemaker in Kilmarnock, James Nicol in Peebles, William Young tailor in Evandale, be processed and indicted before the justices, that they may be proceeded against according to law.” We shall meet with a good many of them afterwards, when I come to give the proceedings of the justiciary this year. “And ordain John Campbell tenant in Muirkirk, John Camp¬ bell son to William Campbell of Over-Wei- wood, (a worthy gentleman yet alive, whom we shall meet with upon the ne^t section) to be processed before the council, in order to their banishment, for refusing the oath of allegiance ; and that James Nicol be proceeded against for his disowning the king.” The prosecution of some of those and some others at this time, was happily prevented by the breaking of the Canongatc prison, and escape of a good many, of which I shall afterwards give some account. Here I only notice, August 22d, “ the magistrates of Edinburgh being called to the bar of the council, for the escape of the prisoners out of the C’anongate tolbooth last night, it is recommended to the said magistrates, that when any persons are indicted by the justices, or under the sentence of death for treasonable crimes, they cause them immediately to be put into the irons, and secure them ; and they are assured that the council hereafter will not question the keepers of the tolbooth, but them, for the escape of prisoners, they being answerable for the keepers.” In September new justiciary courts are appointed, with a particular eye to the gentlemen who were to be fined to the value of their estates ; but I leave them to a section by itself. September 10th, the lords of council, understanding there are several public papers and writs in the hands of the earl of Aberdeen late lord chancellor, do appoint the earl of Kintore to call for the said earl of Aberdeen, and examine him upon oath on what papers he had not hitherto deliver¬ ed up, particularly anent some papers given in by the earl of Balcarras, taken from a man in Fife, relative to the plot and con¬ spiracy, before the same was discovered, and to receive them and transmit them to the clerks. 168 k A very remarkable act follows. Sep¬ tember 16tli, “the lords of his majesty’s privy council empower the committee for public affairs, to call and convene before them, at the instance of his majesty’s advocate, such of the prisoners as are guilty of such disorders and conventicles, and refuse to take the oath of allegiance, and to pronounce sentence of banishment against them. And if any of these prisoners shall refuse to own the king- as their lawful sovereign, or will not call the rising at Bothwell-bridge, a rebellion, or the archbishop’s murder, a murder, or do own the covenant, or that it is lawful in defence thereof to rise against the king, or seem to hesitate, the council authorizes the said committee to remit them to the justices, to be tried criminally.” This act I take to have been the pattern of the soldiers’ catechism after this, and their queries they proposed to people they met with in searches, or in the open fields, many of whom they murdered in cold blood. No doubt they varied, and some¬ times intermixed other things with these, but most part of their interrogatories run upon these points, and so good a pattern as that of the privy council, ordering a cri¬ minal process to be pursued for the pannel’s life, in case of not answering satisfyingly those queries, or any of them, yea, their hesitating upon any of them, w ould be fol¬ lowed by the soldiers, when they had a council and justiciary power lodged in them, as we shall hear they had in the close of this year. For many years we have seen these were the chief of the queries put to sufferers in their examinations, and multi¬ tudes, we have seen, w'ere executed upon their refusing to give satisfaction in those points ; and now they are by this act turned to a foundation, whereupon the justiciary are to condemn poor people. I do not enter upon the illegality and unreasonable¬ ness of taking poor country people’s lives upon such heads as many of these are, only in fact, though the king’s authority were owned, yet if the bishop’s death was not peremptorily declared murder, if the cove- 36 THE HISTORY OF THE SUFFERINGS [BOOK III. nants were not disowned, and self-de- ’ fence, as the question was ordinarily proposed, was not disowned, or defensive arms, or the defence of the covenants, and Pentland and Bothwell were not expressly condemned, then there was no mercy for the person. Thus hundreds of religious and con¬ scientious people were hurried into eternity, without libel, witnesses, or process, merely because they hesitated, or would not de¬ clare their sentiments upon those points. During the months of September and October there is little in the council regis¬ ters, save what relates to the justiciary courts, which will come in best upon the narrative of those. October 31st, captain Graham is required immediately to seize some persons living in and about Edinburgh, given him in a private list. Whether this was some pretended conspiracy, or what was the occasion, I know not; but no body was secure from trouble, when those private lists formed from the stories in¬ formers trumped up, were made rules of by the managers. The months of November and December open a new and blacker scene of persecution than yet we have met with. Without any provocation given, we find the managers were ready enough to go great lengths against the suffering wanderers up and down the country ; but at this time it must be owned they had a greater handle given them than ever, and I shall endeavour to give plain matter of fact from the public records, and other papers come to my hand, in a section by itself, wherein I shall give the declaration of war, as it was ordinarily termed, by the society people, upon pro¬ vocations in their own nature tempting to such extremities, the persecution of some for putting it on church-doors, the Swine- abbay murder, with the rigorous proceed¬ ings on the back of it, the orders for killing- in the fields, and the many commissions granted on this declaration in December. November 24th, “ the council being in¬ formed, that this day three coffins were carried down the street for the persons who were this day ordered to be executed for treasonable practices, and owning the late treasonable declaration, the council recommend it to Sir William Paterson, to inquire into the maker and painter of them. So very low did their zeal against the sufferers creep. November 28th, the lords of council order a strict search to be made in the town of Edinburgh, and suburbs thereof, and Leith to-morrow, according to the following instructions. “ The bailies ot the suburbs to attend at four in the morn¬ ing at Holyrood-house, to know the coun¬ cil’s pleasure. The constables of the town at the same time to attend my lord provost, that he may send the key to the Nether- bow, and,the keys are to lie in the provost’s hands this night. At the opening of the ports the town-council are to attend the magistrates, who are to appoint sixteen ot their number to attend the officers who make the search. The ports being opened, a bank is to be beat through the town with all the drummers can be had, and in all the lanes of the city, discharging all persons to quit their houses upon their peril. The council in the meantime are to attend near the cross, to give orders. That captain Graham with his company, post themselves at Haddocks-hole to guard the prisoners. The counsellors who attend the searchers, to have power to break open the doors of such houses as are pretended to be waste, if their landlords presently bring not the keys.” 1 shall shut up my accounts of this year in this section, by noticing the close cor¬ respondence betwixt our managers at Edin¬ burgh, and bloody Jeffreys in England. Birds of a feather flock together. Only Jeffreys was tied down by the English laws, far less sanguinary than ours at this time. However, he went as far as he could to stretch the laws, and some farther, and offers his service to our people at Edinburgh. Accordingly, December 3d, ‘ the advocate representing how ready judge Jeffreys was to join with the council for support of the government, it is recom¬ mended to him to signify to the judge, the great resentments (sense) the council had of his kindness towards this kingdom, in giving his concurrence against such per¬ nicious rogues and villains who disturb the public peace ; and desiring he may cause apprehend the persons of hiding and fugi¬ tive Scotsmen, and deliver them securely CHAP. VIII.] on the Scots border, to such as shall be appointed to receive them.” It is now high time to come to more particular prosecutions. SECT. II. Of the sufferings of particular persons, no¬ blemen, gentlemen, ministers, arid others, not to death, this year, 1684 Last year we heard of the begun prosecu¬ tion of the indulged ministers, and it is car¬ ried on in the beginning of this, against the most of them now remaining, and to¬ ward the end of it they are all turned out. It may not be improper to give here as much of the council’s procedure against them as I can gather. By the justiciary records, I find January 7th Mr Anthony Shaw minister at Newmills, a person of great piety and learning, appears, and his indictment is read, charging him with “ holding a field-conventicle to two thousand persons and upwards, in the church¬ yard of Colmonel, and with preaching, pray¬ ing, and baptizing there, contrary to act 5. sess. 2. pari. 2. Char. II.” The lords con¬ tinue this process till the council’s mind be known about it. The case seems to have been this, Mr Shaw at a communion, where the church of the indulged minister would not hold the people who came, as was very ordinary then and yet, preached at a tent in the church-yard. This was indeed a breach of his confinement, but all of them were guilty this way ; but according to the let¬ ter of the law, it is made a field-conventicle, which was death to the preacher. And though he gave in a very moving petition, and was singularly moderate, yet such a man as he, after all his yielding, behoved to be processed for his life. January 8th, the justices, with consent of the advocate, as pursuer, desert the diet against him, and ordain him to find caution to appear before the council, January 10th. January 10th Mr Anthony Shaw being called, compeared, and the lords, upon his demission, declare the indulgence granted him to preach, to be void and at an end, and declare the kirk vacant ; and ordain him to find caution not to preach, or exercise the function of the 37 ministry within this kingdom hereaf¬ ter, under the pain of five thousand merks, or otherwise remove ofif the kingdom within the space of a month after the date hereof, and not return without license, under the pain foresaid. When the sentence was intimated, Mr Shaw refused to find caution to desist from preaching hereafter ; this was another great hardship put upon presby- terian ministers at this time that with their own hand they must unminister themselves; upon which the council order him to prison, till he find caution to remove forth of the kingdom, and not return, as aforesaid. In prison he continues till January 22d, where I find “ the lords of council liberate Mr An¬ thony Shaw, being old and infirm, caution being found, that he shall keep no conven¬ ticle in house or field, or baptize and marry, but demean himself peaceably, and frequent ordinances where he lives, under the pen¬ alty of five thousand merks.” To this trou¬ ble was this good man brought, and the at¬ tack was almost general upon all the in¬ dulged. Mr John Campbell, indulged minister at Sorn, and Mr James Veitch at Mauchlin appear before the council, January 3d, and are charged with the breach of their con¬ finement, and the probation remitted to their oath. They confessed they had broke their confinement, and prayed and exercised in private families, that they did not read the proclamation for the thanksgiving. The council declare their license void, and order them either to find caution to go forth of the kingdom against March 1st next, or not to preach or exercise their ministry, under five thousand merks, and to keep ordinances, and appoint them to go to prison if they find not caution. Mr James Veitch at this time went to Holland, where he continued under some trouble from Robert Hamilton and his party, but increasing in learning and grace till the toleration, he returned to his charge at Mauchlin. Amidst those severities against the in¬ dulged ministers, the council show some kindness to the relict of one of them, and January 22d gave to Mrs Wedderburn, whose husband died 1678, and hath a nu¬ merous family, the stipend of Dunlop parish. OF THE CHURCH OF SCOTLAND. 38 THE HISTORY OF THE SUFFERINGS [BOOK III. Whether Mr Gabriel Cuningham was preaching there or not, I know not; it was well the stipend went to no worse use. January 30th, Mr William Eccles indulged at Paisley, compears, and confesseth breach of confinement, and that he did not preach May 29th every year. The council declare his license void, and ordain him to find cau¬ tion either not to preach, or remove off the kingdom. That same day Mr Robert Eliot indulged at Linton, is dealt with in the same way ; and Mr Thomas Black at New-Tyle, being cited and not compearing, is denounced. March 0th, Mr John Baird at Paisley, of whom before, had been cited against that day. A testimonial of his sickness is pro¬ duced, and he is continued until April. Whether this sickness carried him to hea¬ ven at this time, I know not, but I find no more about him in the registers. He was a minister of great learning and piety, and singular skill in medicine. April 8th, Mr William Erskine presents a petition to the council, showing, “that he had been now seven years close prisoner in Blackness castle, and other places, and that merely for preaching the gospel as he had received power from Christ, and that he was now turned valetudinary, therefore craving the council’s compassion.” All they do is to allow him to walk about the castle, and take the air with a keeper. And upon what reasons I know not, Mr John Hutchison is allowed to return from Ire¬ land, whither the council had banished him in the year 1682, for his breach of his confinement. This liberty is granted April 1st. The last of this month, Mr John Sinclair, who had been minister at Ormis- ton, was represented as having preached sedition abroad ; and we shall find him this year processed criminally. May 5th, Mr William Wisheart student in divinity, since the revolution minister at Leith and Edinburgh, and when I write this, the reverend principal of the college there, presents a petition to the council, bearing, “that having left his studies at Utrecht, to come home and visit his aged and dying parents, upon some mistake he was put in prison, as being one of those who deny his majesty’s authority, whereas he disowns these principles, and nothing is laid to his charge, craving that he may be liberate.” The council order his liberation as soon as the advocate is satisfied as to his principles, upon caution to compear when called. The advocate for some time ne¬ glected to report, and so he continued a con¬ siderable time in the iron-house, in no small trouble. About the same time the advocate is ordered to insist in a process before the justices, against Mr John Rae, for preaching at field conventicles some four or five years ago. September 15th, I find him sent to the Bass. He was a zealous successful gospel minister. We shall just now meet with Mr William Violant, upon another head attacked and laid aside. And August 17th, the advocate is ordered to raise a criminal process against Mr Alexander Ross, a worthy minister in the north, for conventicles ; they could only be conven¬ ticles kept in houses with people at the 1 doors, for there were no real field-conventi¬ cles in that country. September 16tli, Mr John Knox, indulged at West-Calder, appears before the council, and is imprisoned, where he continued till the king’s death. Having some attested ac¬ counts of this worthy minister, and the in¬ gratitude exercised towards him, I cannot but take notice of them. Mr Knox was son to Mr John Knox minister at Bowden in Teviotdale. The person I am now ac¬ counting for, was ordained minister at North-Leith. When a probationer, he was in the army and chaplain to Sir John Brown’s regiment of horse, and was en¬ gaged among the royalists in the battle at Inverkeithing. He was chaplain in the castle of Timtallan, when the English be¬ sieged it ; and after he had safely conveyed my lord Angus and some ladies, to their boat for North-Berwick, he was deserted by the lieutenant and most part of the sol¬ diers ; yet he capitulated with the English and got very good conditions. He had an elder brother Mr Henry Knox, a youth of very bright parts, who waited upon the king in the time of his exile, and was more than once employed by the king, and sent over to Scotland, to negotiate his affairs. Mr John was one person to whom the king’s letters to his friends in Scotland were CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 39 directed ; and I have seen a letter writ by the king himself to him. yet in his son’s hand, a copy whereof the curious reader will desire to see, and it follows. “ St Germans, August 31st, 1652. I “ I am promised this letter shall come safe to your hands, and therefore I am willing, that you should know from myself, that I am still alive, and the same man I was when I was amongst you. I am very much troubled for what you suffer, and am using all the endeavours I can to free you, and before many months I hope you will see I am not idle : in the meantime, I cannot but let you know, that I am in greater straits and necessities than you can easily appre¬ hend, and thereby compelled to leave many things undone which would be of advan¬ tage to me and you. I could heartily wish therefore, that by your interest and negoti¬ ation with these you dare trust, and who you know wish me well, some way might be thought of to assist me with money, which would be a very seasonable obliga¬ tion, and could never be forgotten by me. I need say no more to you, but that I shall be glad to receive any advice or advertise¬ ment from you that you think necessary for me, and shall always remain, “ Your very loving friend, “ CHARLES R.” Notwithstanding of all these services done for the king in his straits, Mr Knox -was turned out of his church in North Leith, at the restoration, because in conscience he could not subject to prelacy. Indeed he got the benefit of being connived at in W est Calder for some years, till now ho was summoned in be¬ fore the council, and was charged with break¬ ing his confinement, which every body knew none of the indulged kept, with not keeping the 29th of May, and baptizing children of other parishes ; and though he gave satisfy¬ ing answers to all, and took the liberty to signify the peculiar services he had occasion to be employed in for the king, and the let¬ ters he had under his hand, which he offered to produce ; yet no favour could be done him, unless he would give bond never to preach or exercise any part of the minister¬ ial function in Scotland. To which he an¬ swered. ‘ He looked on himself as a minister of Christ, and would never tie up himself from preaching his gospel.’ Whereupon he was immediately ordered to prison, and lay there from September to February next, when the king died. The design was now formed to turn out all the indulged ministers, and either to make presbyterian ministers promise not to preach, or engage to go off' the kingdom. Accordingly we shall afterward find it an instruction to the circuits in October, to examine all the indulged ministers, and lay them aside who had broken their instructions ; and such as would not find caution not to preach, or remove off the kingdom, were to be sent in prisoners to Edinburgh. The managers now resolved to rid the prelates of all presbyterian ministers by wholesale, and at this time they came to no small hardships. They had carried most peace¬ ably and loyally, to that degree, that the society people censured and reproached them, and no reason could be given for such hardships upon so many pious and godly men, but the malice of the prelates, to whom they had been eye-sores, and the prevalency of popish designs which were ripening very fast under the duke of York’s influence. Accordingly, October 13th, I find Mr An¬ thony Murray in prison, because he will not engage to quit his ministry; and the council allow him liberty to visit his dying brother the laird of Glendoick, upon bond to re-enter prison against the 20th of Nov¬ ember, under the penalty of five thousand merks. And, October 30th Mr James Cur¬ rie is liberate from prison, upon condition he preach none, otherwise to forfeit his bond of five thousand merks. By an original letter of the reverend Mr John Carstairs, to the secretary of state, dated November 3d, it appears, that he looked upon it as a thing projected, that all presbyterian ministers should be silenced or banished. I shall insert part of his letter relative to this, which likewise gives the present circumstances of this worthy and eminent minister of Christ. “ Right honourable, and my very noble lord, “ I presume, necessity constraining me, upon the acquaintance I have the honour of with 40 THE HISTORY OF THE SUFFERINGS [BOOK III. your lordship, humbly to kiss your hands with this line, and to beseech your lordship, that seeing, as it would seem, it is resolved, that all presbyterian noncon¬ form ministers shall-be either perpetually im¬ prisoned, or exiled his majesty’s dominions, to grant me your lordship’s pass to go out. of my native country, (where I thought I would have been permitted to die, being an aged man, entering, if 1 live so long, the sixth of Jan¬ uary next, into my great climacteric, and being so very infirm, that I have not but twice, and that not without some difficulty, walked between the Cross and Trone, these two and thirty months, nor so much as crossed the narrowest street or lane in Ed¬ inburgh these twelve months bygone) un¬ clogged with any gravaminous condition, as of not exercising my ministry, (to which, whatever may be my practice, which l hope shall he without offence, I dare not engage, come of me what will) or of not returning, since that is on the matter a sentence of banishment, and construable withal, as the grant of my own desire. I can ingenuously declare to your lordship, I have no thought, let be fixed resolution, of returning, having some design to remove to such a distance, that it is more probable I shall die by the way than go the length, let be return ; and if ever I shall have thoughts of returning, which is not probable, I shall not do it with¬ out acquainting your lordship first. If your lordship think fit to grant me a pass (which my lord secretary no doubt may, of and by himself, do to any subject under no sentence, censure, suspicion or citation,) to be gone in the spring, if I be in capacity, (having been, in the beginning of this year four whole months unable to take so much as one turn in my chamber, and a con- siderable part of that time in bed, under great agony,) with some protection for my poor disconsolate family, to whom, at least the very short while I am to be with them, your lordship will allow me to be a mini¬ ster, it will be a singular obligation.” The rest of the letter goes on with a particular deduction of Mr Cai’stairs his very consi¬ derable appearances for the king, when in a low condition, aud his untainted loyalty to him, in the instances already noticed, af¬ ter the restoration. He further appeals to his declaration before the council, four years ago, which hath likewise been considered, and concludes with a confident hope, that his lordship’s generosity at least will secure him from being in worse case by this ad¬ dress to him. What the reception or con¬ sequent of this address to the secretary was, I know not, but I think, this singular and eminent servant of Christ died not long at- ter this, and got beyond their reach ; yet still the ingratitude and severity of this peri¬ od toward this worthy minister and others, was not the less, and many were brought to hard circumstances. By the registers I find, November 27th, that the council order “all the indulged O ministers to be onted, because they kept not their instructions, and some of them did not keep the thanksgiving in September last year.” And by the instructions given to the commissioners in different shires, De¬ cember 2d, “the indulged ministers are to be obliged to give bond not to exercise any part of their ministry in Scotland,” of which in its own room. And December 1 1th, Mr Ralph Rogers, Mr William Tullidaff, and Mr Robert Boyd, refusing to give bond not to exercise their ministry while they remain in the kingdom, are ordered to pri¬ son. January 8th, 1685, Mr Robert Boyd is liberate from prison, and confined to a house in Edinburgh. December 22d, Mr John Macmichan, Mr Cant, Mr Archibald Macgachan, are indicted before the justi¬ ciary, for reset of rebels ; they appear and offer to abide trial. The diet is desei-ted simpliciter, and the last enacts himself, un¬ der five thousand merks, to appear when called. And January 17th, Mr Macmichan and Mr Cant are brought before the coun¬ cil, and their bond taken to live peaceably, and that they shall not preach. That same day, Mr Robert Bell, indulged at Dairy, his license is made void. And January 22d, Mr John Oliphaut, who had been formerly confined to his chamber, his confinement is renewed for a month. And February 3d, Mr Robert Duncanson, and Mr Duncan Campbell, indulged ministers in Argyle, are sent to prison, upon their refusal to engage not to exercise any part of their ministerial work. Some more hints about them will come in next year. ciiap. viii.] OF THE CHURCH OF SCOTLAND. 41 By other accounts, I find, that several min¬ isters and others, in the year 1 684, were made prisoners, as Mr George Meldrum, Mr James Urquhart, Mr John Stuart, Mr Alex¬ ander Dunbar ; and all the indulged minis¬ ters in the western shires and elsewhere, were summarily laid aside, and those of them who would not oblige themselves not to preach, were imprisoned, first in the tolbooth of Edinburgh, and then in Blackness or the Bass, as Mr Ralph Rogers, Mr William Tullidaffj Mr Anthony Murray, Mr John Greg, Mr James Hutchison, Mr Andrew Miller, Mr Peter Kid, Mr John Knox, Mr Walter Mowat, Mr James Currie, &c. This is all I can give relating to those wor¬ thy and useful ministers of Christ, now laid aside, and I have chosen to put it all to¬ gether in this place. I come now forward to take notice of the hardships gentlemen and others were brought to this year. January 3d, John Millar of Watershaugh petitions the council, that he hath been in prison these nine months for alleged cor¬ respondence with rebels at Bothvvell, and no proof brought against him, craving to be liberate. The council order him to be lib¬ erate from the Canongate tolbooth, upon his giving bond and caution, under the pen¬ alty of five thousand pounds sterling, that he shall answer to any crime laid to his charge, upon six days’ citation at his house; and that in the meantime he shall live or¬ derly and frequent ordinances at his own parish-church. I have no more concerning this gentleman ; but five thousand pounds sterling was a most exorbitant sum, upon mere suspicion of correspondence. We heard of Sir William Scot of Harden his case last year ; and that upon his exor¬ bitant fine of 4G,000 pounds, for his lady’s nonconformity, the council had applied to the king, for power to remit fines, where husbands were loyal. January 22d, he presents his petition for his enlargement. In this extraordinary case, I shall set down what I meet with in the registers. “ January 22d, there being a petition presented by Sir William Scot of Harden, desiring some en¬ largement in his prison in Edinburgh, where he continues for his fine imposed on him by the council ; upon debates and consideration hud of that affair, it was proposed that the iv. state of the affair might be remitted to the king’s majesty for his approba¬ tion, and to know his further pleasure as to their procedure for the future, in the case of husbands being made liable for their wives withdrawing from public worship : re¬ solved, that a letter be sent with instruc¬ tions, by the earl of Perth, and that the lords of the clergy, such members as are lawyers, with duke Hamilton, meet to¬ morrow, and draw them.” We have seen this was done, and sent up, and what answer was returned. However they resolved to abate nothing to Sir William of the 150U pounds sterling they had modified his fine to. The same day, “ anent a petition pre¬ sented by James Scot of Bristol, showing, that Sir William Scot of Harden being de¬ cerned by the laird of Meldrum, in the sum of forty six thousand pounds Scots, as the fines of conventicles, and withdrawing from ordinances, he obtained from the council a suspension, wherein the petitioner became caution for him, which being called before the council, they turned the decreet to a libel, in respect that Sir William Scot’s lady hath not deponed as to her withdraw¬ ing. And the council having- thereafter taken her oath, they found the letters or¬ derly proceeded in, ay, and while Sir Wil¬ liam Scot made payment of fifteen hundred pounds sterling ; and therefore humbly supplicating the council to compassionate the petitioner’s family, and sist execution.” The council sists execution till the first of April. Sir William was long in prison, and it is but a few more hints I can give of him. May 5th, he is sent to the tolbooth of Jed¬ burgh. Upon his petition, July 24 th, he is brought back again to Edinburgh prison. August 19th, the council having given some hope of Sir William Scot’s liberation. Sir Patrick Scot of Ancrum gives caution to present Sir William Tuesday next, under the penalty of fifteen hundred pounds ster¬ ling ; and August 2Gth, Sir Patrick and Sir William Scot being called, and not compearing, the bond is declared forfeited, and letters of horning direct for fifteen hundred pounds sterling. The next gentleman 1 meet with before the council, is Mr Thomas Hamilton of Raith. His process last year was very ill F m THE HISTORY OF THE SUFFERINGS [ BOOK III. 1 grounded and iniquitous, and the council are so sensible of this, that they interpose for a remission. February 21st, the council write the following letter, and send his petition inclosed to the secretary. “ Right Honourable, “ The inclosed petition from Mr Thomas Hamilton, forfeited by the sentence of the justice-court, for his accession to the late rebellion, being addressed to his majesty’s privy council, they, in consideration of sev¬ eral favourable circumstances in his case, and of his loyalty, have thought fit to recom¬ mend to his majesty, for a pardon as to his life only, and that to be expede the several offices gratis, because of his great poverty. “ Aberdeen, Cancel.” ‘‘ The humble petition of Mr Thomas Hamil¬ ton, prisoner, second lawful son to Mr John Hamilton of Haith, Advocate, sensible of, and most sorry for his said guilt, ignorance, or error, and mistake ; and as heretofore he never carried arms against his majesty or his authority, so he is willing to engage for the future, that he shall never take up or bear arms against his majesty, or his heirs, or lawful succes¬ sors ; as also it is known, that the constant duty, sufferings, loyalty, and affection of the said umquhile John Hamilton, advocate, father to your petitioner, in the late rebelli¬ ous times, towards his majesty, and his dearest father of blessed memory, and to¬ ward their government and service, were very great : may it therefore please your lordships, to take your petitioner’s case to your consideration, and recommend him to his sacred majesty, for a remission as to his life, and your lordships’ petitioner shall ever pray, &c. “Tfio. Hamilton.” i I “ Showeth, “ That whereas your petitioner, by sentence of the lords of his majesty’s justiciary, in justice-air holden at Glasgow June last, was forfeited in life and fortune, for his being alleged present at the rebellion 1679, and for being art and part thereof, and for reset and converse with those rebels : and true it is, that the petitioner’s mother’s dwelling- place and residence, when he was attending her in her old age, is nearly sited unto Both- well-bridge ; and that the said rebels did ligger and camp in and about the said house, during the time they continued in arms; and that your petitioner was never seen actually in arms, as is evident by the proba¬ tion adduced against him, and that his being present with them, harbouring and resetting them, did rather proceed out of the vicinity of his mother’s residence to their camp and ligger, and out of youthful inexperience, ignorance, mistake, and error, than out of any disloyalty, disaffection, or evil principles towards his majesty’s person and govern¬ ment, which he ever accounted his duty to maintain ; and for his saying he was forced, and his owning the king in some of the rebels’ hearing, he was in hazard of being murdered by some of them, as was certified by the minister of the parish to his majes¬ ty’s advocate : and that your petitioner is This good man got a remission, but when his father had been a sufferer for the king and his father, and himself evidently loyal, as the council themselves bear witness, and was not in arms, but only with the west country army when encamped about his mother’s house, it was a new instance of the unparalleled severity of this period, that his estate and moveables were forfeited. March 13th, The case of some gentlemen of Renfrewshire, who had been most ini- quitously fined for irregularities, and not keeping their parish-church, by the sheriff- depute there, came to be considered by the council, when inquiring into the fines, as we heard upon the former section, and I shall give a hint at their process, that the iniquity of this period may further appear. James Pollock of Balgray, a religious and sensible gentleman in the parish of Mearns, had a decreet passed against him for a prodigious sum. When he came be¬ fore the council, nothing was found proven against him, except one conventicle, which he confessed. The council reduce the de¬ creet, and fine him in fifty eight pounds Scots for that one conventicle, at which he had been many years ago. A neighbouring gentleman in the same parish, James Ham¬ ilton of Langton, was in the same circum¬ stances, and was, for one conventicle, fined CHAT. VIII.] OF THE CHURCH OF SCOTLAND. 43 likewise in the fourth part of his yearly valued rent. We shall afterwards meet with Balgray this year. At the same diet, two other heritors in the same parish are before them, Matthew Stuart portioner of Newton, a know ing’ and religious gentleman, and John Pollock of Fawside, not far from him in the same place. I am in case to give some fuller account of this iniquitous process, from the original suspension of their charge before me. Both of them are charged to pay to Hugh Wallace his majesty’s cash-keeper, the just fourth part of their yearly valued rent, and for each time of one hundred and fifty six times, they are al¬ leged to have been present at house and field-conventicles, for the space of three years preceding the date of the letters of horning, and the eighth part of their said yearly rent, for their alleged withdrawing from their parish-kirk the former number of times, during the said space, and the fourth part of their yearly valued rent, for their having a child irregularly baptized every one of these three years, ilk of them toties quoties ; and that conform to a decreet pro¬ nounced against them by Andrew Atchison some time sheriff-depute of Renfrew, in which he decerns the yearly rent of the said Matthew Stuart to be one hundred and seven pounds Scots, and that of John Pollock to be sixty three pounds Scots. This was the case of those two gentlemen, and the ordinary method now taken with all heritors of the presbyterian persuasion : and from this we may easily guess the terri¬ ble nature of the fines now imposed, and ob¬ serve how they are accumulated, and the very letter of the present law is stretched, and fines counted up above the real value of their estates for mere nonconformity during three years. Those accumulate sums, in¬ deed, ordinarily ended in composition ; but then such decreets were a terrible handle for exorbitant oppression in those compo¬ sitions. However in this case the council w ere so just, as to grant letters of suspen¬ sion to this charge, upon reasons I shall in¬ sert here as further documents of the ini- quity of this period, “ The council find the said decreet was pronouced for null defence and noncompearance without any lawful citation, as appears from the decreet itself, where the council finds the citation only to have been at the parish-church 1 of the Mearns, whereas it ought to have been at their dwelling-house, or at the market-cross of the liead-burgh of the shire. Again the said decreet was pronounced partially, unjustly> and plainly out of pique at the laird of Blackhall superior to those lands ; that gen¬ tleman being one of the five commissioned by the council, by whose advice the sheriff- depute was ordered to proceed. And be¬ cause Blackhall would not give way to the sheriff’s extravagancy, and allow him to exact upon people at his pleasure, the sheriff picked out those two vassals of his from among some hundreds of feuars through the shire, in the very same circumstances with them, but vassals to other gentlemen and noblemen, and denounced them; yea, those two were never at any field conven¬ ticles since the indemnity, nor had they any children born to them in the space libelled ; and when there was a minister in the church of Mearns, they kept the church in terms of law.” Thus we see justice done them, but every one had not so good assistance to get the iniquitous decreets of inferior courts rescinded, as those two gentlemen had, though under the same oppression. I for¬ merly noticed that this was a general case. Heritors upon their noncompearance (and all methods were taken when the sheriffs had a mind to decern them, to prevent their compearing) were found guilty in all points of their libel, and the fine they were decerned in was summed up from the whole. “ Lastly. It might have been noticed, that the sheriff had most extravagantly reckoned their valued rent, Mr Stuart’s rent in that place being but forty pounds, and John Pollock’s only twenty five pounds.” This instance may give us a view of the methods now commonly used. Upon all these reasons the council suspend the charge, and yet obliged the two heritors to give bond and caution for the whole sum charged, till the business was discussed, although the matter was obviously illegal. And when the decreet was discussed, I am informed the complainers were liberate and the de¬ creet found iniquitous. April 1 1th, 1 find a long decreet in the council books, against some of the magis- u THE HISTORY OF THE SUFFERINGS [BOOK 111. trates of Ayr, Provost Brisbane and ‘ others, with their counter complaints. It consists of a great many sheets of paper. I shall give a short abstract of it, as containing some hints, relative to this time, I have not met with elsewhere. “ Anent our sovereign lord’s letters, at the instance of Sir George Mackenzie, &c. his majesty’s advocate, and Robert Hunter late bailie in Ayr informer, it is of verity, that William Brisbane late provost of Ayr, in the year 1682, to the contempt of his majesty, and the encourage¬ ment of the fanatical interest in the town of Ayr, where the growth of fanaticism is much to be feared, did officiate as guild- brother of the said burgh, and the year thereafter as dean of guild, with a company of other fanatics as guild-brethren, without taking the test; and that in the year 1680, he did go to Mauchlin, where there was a pretended presbytery of irregular and in¬ dulged ministers, and procured three or four unlicensed ministers, to preach, pray, and catechise in the town of Ayr, who accord¬ ingly came ; which, if it had not been nar¬ rowly looked unto, had been the utter ruin of the church in that place, the people be¬ ing more inclined to follow the presbyterian ministers, than to wait upon the ordinances of orthodox ministers. And the said William always encouraging the presbyter¬ ian party, being a present magistrate named by his majesty’s privy council, in August or September, 1682, did invite and persuade Mr James Lawrie a presbyterian deposed minister, and Mr Matthew Baird an unli¬ censed fanatical preacher, to wait on, preach, and pray to a malefactor condemned in the burgh of Ayr, wherethrough the malefactor on the scaffold did express herself in a most disrespectful manner of the orthodox min¬ isters. And the said William did line ex¬ orbitantly several of his majesty’s subjects, who had committed irregularities, out of curiosity, and exemed many notoriously guilty, and committed many irregularities in the election of the magistrates of the said burgh, in a violent and seditious way, 1682, and made an election, without any regard to the orders of his majesty’s privy council, and chose several English fanatics, who had served under the usurper ; and he suffered Thomas and John Bowies, declared fugitive for the horrid crime of rebellion, to live in the said burgh, and hath overthrown the set of the burgh.” An additional libel was likewise produced by the said Robert Hunter, bearing, “the said William Brisbane provost of the said burgh, and Robert Dalrymple bailie, have suffered several disorderly persons to go unpunished, though their children were six or eight months unbaptized ; that 1 680, he persuaded Mr James Rowat a fanatical and field preacher, to preach in the church of the said burgh, then plemshed with ortho¬ dox ministers ; and they suffered the inha¬ bitants to withdraw from the church.” A counter libel is given in by provost Brisbane against Robert Hunter, “ that he and William Cunningham late provost did, 1680, dispense with several of the members of the town-council their not taking the declaration, as had been their practice for some years; and at Michaelmas 1680, did lay it aside, and neither took it themselves, nor offered it to the council; that the said William did give billets to the rebels before Bothwell, signed with his own hand, and called one Mr James Brown, a conventicle preacher, who was in the rebellion, and had been declared fugitive, to preach in the kirk of Ayr ; and that he did entertain one James Paterson a rebel, now declared fugitive, af¬ ter he had let him out of prison ; that at Michaelmas 1681, he himself refused the test, and prevailed with the council to de- | sert the magistracy, and refuse it. And the privy council, by their act, December 1681, having named magistrates, the said William made it his work to weaken their hands, and raise faction and division. And when the council, by their act, January 1683, appointed the trades in Ayr to take the test, he dissuaded them from it, and promoted a mutinous factious paper in name of the trades, protesting against the council’s act, and gave false representations to his majes¬ ty’s council thereanent.” This libel and counter-libel was the effect of party and heat in the place, and, as I take it, most part of the articles on both hands were fact, and both parties in tlieir turns had favoured the suffering presbyterians. However, the council exculpate the first, and find, “ the first and additional libels against William CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 45 Brisbane not proven, and assoilie him ; and for the stopping of all heats in that burgh, declare at Michaelmas next they themselves will make election of magistrates and coun¬ sellors for next year, and discharge the pre¬ sent magistrates to make any election at that time. And they delay to determine anent Robert Hunter at this time, but find the said William Cunningham guilty of several disorders, and the occasion of much disturbance in the said burgh, and declare him incapable of public trust therein, during pleasure; and ordain him to pay the said William Brisbane five hundred merks for the expenses of this plea, and the charges of witnesses, and that the said William lie in prison till he pay it.” By the following petition given in to the council April 22d, we may see upon what grounds people were forfeited in life and fortune. And when the injustice is fully discovered, remissions as to life are only granted. Henry Boswell in Dunsyston re¬ presents, “that whereas on the third of March last, he was found guilty by an as¬ size ot being among the rebels, the truth of the matter w as, he was only seeking his horses which they had violently taken from him, June 2d, 1679, and that he recovered them, and returned to his own house that day, and that he hath taken the test at Glas¬ gow. The council recommend him for a remission, as to his life, gratis.” Many in¬ stances of this nature might be given. By an original bond before me, dated June 13th, this year, I find James Hastiein Ilarelaw, in the parish of Carstairs, paid two hundred merks to Meldrum, for his nonconformity, and his alleged being at Bothwell, though he was not there. Mel¬ drum came and drave his goods, and they were not restored till this bond in common form was given, and he was very soon forced to pay it. This person was brought to no small trouble, for his adhering to his principles, before this time and after. By original documents in my hand, I find he paid the second half of the fine imposed by Middleton’s parliament, without any rea¬ son at all, being only then a tenant in San- diholm in Dalserf parish. Sir William Bruce’s discharge before me is dated March 2/th, 1GG6, and acknowledges his receiving a C3 O hundred and fourscore pounds Scots from him, as the last half of his fine, and discharges him. Such oppression as this, as well as conscience, made this person join in the rising at Pentland. And December 18th, 1G66, Raploch, sheriff-depute, goes to Sandiholm, and inventars James Hastie’s goods, and delivers them over to the laird of Neilsland, as appears by a signed invcn- tary of them before me, to be kept for duke Hamilton’s use. June 1667, the duke dis¬ pones all goods and gear belonging to James Hastie fallen into his majesty’s hands by his being in the rebellion in November last, to Patrick Hamilton in Neilsland, by his grant signed by himself June 3d, 1667. June 6th, Neilsland gives a blank assignation to James Hastie’s whole goods and gear upon a bond granted him for an hundred pounds by Ma¬ rian Clelland spouse to the said James. And indeed his whole valued goods are not much above that sum. He paid likewise twro hundred merks as another fine for ecclesi¬ astical disorders, to John Somervvel of Spit¬ tle, and gets a discharge for his not keeping the kirk, and all other disorders ecclesias¬ tical; but it mentions not the sum paid. This is dated Lanark, February 15th, 1687. This good man was frequently imprisoned upon those and the like accounts, and brought to great hardships and loss by quarterings ; many times he had ten or twelve soldiers, w ith their horses, quartered upon him. But particulars w'ould be end¬ less. Upon the former section we heard of the trouble brought upon several heritors in the parish of Cambusnetlian from the people’s coming by them from the conventicle at Blackloch, June 19th, the council order Stu¬ art of Allanton, Stuart of Hartw’ood, Wil¬ liam Cochran younger of Ochiltree, Walk¬ er of Hackwrood-burn, and Mr William Violant indulged at Cambusnethan, to be cited against July 1st. Those two excellent and religious gentlemen, brothers, William Stuart of Allanton, and James Stuart of Hartw'ood, in the shire of Lanark, were most iniquitously fined, the first in 3000 merks, and the other in 1000 pounds. These gentlemen never gave any disturbance to the government ; they were chargeable with the breach of none of the law's. Indeed 46 THE HISTORY OR THE SUFFERINGS [BOOK III. ^ they still owned themselves presbyter- K' ' ians, and were eminent for piety, and conscientious nonconformists from prelacy, but had behaved themselves with that caution and temper, that they could not be reached, and always demeaned themselves as dutiful and loyal subjects. It was their happiness to live under the ministry of the reverend Mr Violant, and so they were not charge¬ able with church-irregularities. Yet a han¬ dle was taken hold of against them, one could scarce have expected, except in such a time as this, when nothing almost could prevent presbyterians sharing in the rigour of this period. There had been a conven¬ ticle kept, as hath been noticed, at a consid¬ erable distance from their houses, and some armed men, in their own defence, came from that meeting through the parish where they lived, in their road homeward. Allanton was only accidentally looking out of a win¬ dow in his own house, on the evening of the Lord’s day, and saw them passing by. Hartwood met them on the high road, as he was coming home from hearing sermon at the church of Cambusnethan. This they both acknowledged, and there was no more could be laid to their charge ; it was not so much as alleged that they had conversed with any of them, or supplied them any way. And precisely, because the gentlemen did not raise the hue and the cry, as the proclama¬ tion of council formerly mentioned, required, and raised not the country to seize them on the Lord’s day, they are arbitrarily fined ; yea, this hardship was extended to several others in that parish. Mr William Violant, indulged minister in Cambusnethan, a singularly learned and worthy person, endued Mrith the greatest temper and meekness of many men in his age, and exceedingly useful in that parish and the country round, this excellent min¬ ister did not escape the fury of this time. The foresaid armed men, who kept together iu their own defence, as long as they could, happened in their road likewise to come by Mr Violant’s house, and because he did not raise the country on the sabbath, the bishops, whose great eye-sore he was, for learning, moderation, and temper, got him cited before the council, where after some time’s imprisonment, he was banished for no other fault but what is above, and he continued under this till the liberty : yea, such was the rigour of this time, that a good many of the substantial tenants, and other country peo¬ ple in this parish, were harassed upon this same score. David Russel tenant in Stone, Archibald Prentice and John Clelland por- tioners there, and John Smith in the same parish, were apprehended and earned pris¬ oners into Edinburgh, and kept in prison about three months, and fined in a hundred pounds, for no other reason but their not raising the hue and the cry against these people, when they came by their houses. But I come to give this process from the registers. July 1 st, the council pass a decreet, which i is very long, and narrates the proclamation anentthe hue and the cry, July 1082, and find Hackwood-burn, Allanton, and Hartwood, guilty, and to be fined in the terms of that proclamation. July 2d, I find, the council order Allanton and Hartwood to be let out of prison, upon their engagement to satisfy the cashkeeper as to their fines. That same day, the council find the libel not proven against Mr Currie minister at Shotts, and Mr Peter Kid indulged at Carluke, and assoilie them. The sheriffs of the places through which those people went from the Black-loch conventicle, had been cited, and some other heritors; and so, July 17th, “The lords of his majesty's privy council, having considered the libel raised by the advocate, against the sheriffs of Lanark, Stirling, and Linlithgow shires, and the heritors there, with the defence pro¬ pounded by the laird of Dundas, that he knew not of the rebels passing through his grounds and lands, for several days after they passed, and that he n as not on the place for several days after that time ; the lords repel the defence as conceived, and allow his majesty’s advocate diligence, for proving that the rebels appeared upon, and went through some part of his lands, as they passed.” We shall hear just now, that in a parallel case this very day, they sustain the same defence in the earl of Tweeddale; for it u'as now, “ Show me the man, and 1 11 show the law.” “ And having considered the case of Mr William Violant, in¬ dulged minister at Cambusnethan, with CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 47 his declaration taken at Glasgow, and deposition taken before the committee of public affairs, find that be ought upon advertisement given him that the rebels passed by his kirk on Sabbath night, of June last, to have made trial and inquiry after them, and thereupon given advertise¬ ment, conform to the council’s proclamation, and that he hath most undutifully contra¬ vened the same, and declare his indulgence to be at an end, and void, and discharge him to preach at Cambusnethan hereafter ; and ordain him to find caution, against the day of to remove off the kingdom and not return without license, or to find caution, in case he stay, not to preach or exercise any part of the ministerial function, under the penalty of five thousand merks ; and grant diligence against him to com¬ pear before the council, to hear and see the said sentence pronounced against him. And they leave James Walker of Hack- wood-burn to further consideration.” That same day, July 17th, I find another process against the earl of Tweeddale, lord Torphichen, and a vast number of others, upon whose lands conventicles had been kept, and through whose lands the rebels had past from the conventicle at Cairnhill. The earl of Tweeddale appears and depones upon oath, “ that he was not in the shire when the conventicles were kept, and had j no knowledge of the same for some days after ; and that, to his knowledge, his deputies were free of the same. And the council assoilie the earl and his deputes.” This is perfectly the same case, as far as I can judge, with the laird of Dundas, and we see what a vast difference is made. And the council order general Dalziel to send a party out to bring in the rest of the heritors. But 1 observe no more about them in the registers. As to Mr Violant, “ he appears, according to citation, July 30th, and being asked, why he did not inform against the rebels ; he answered, because lie thought a minister not instructed so to do; and that he, as a minister, was not to inform in a sanguinary matter. And being interrogated as to the other part of the libel, whether lie had broke the council’s in¬ structions, confessed he had preached with¬ out his parish-church, and had baptized children belonging to other parishes, but refused to depone thereupon. And further added, he, as a minister, had his instructions from his great master Jesus Christ, and, as to those, behoved to obey him, and answer to him.” The council repeat the former sentence, July 17th, and order him to prison, till he find caution as above, and to remove out of the kingdom within a month after his liberation. John Maxwell of Dargavel in the shire of Renfrew, had been fined most irregularly like other gentlemen of that shire. In his absence his fine had been accumulated to a great sum. Some interest was made for him, and I find, July 22d, his fine is sisted by the council, by reason of his exact regularity, for some time. Next day comes on the process of John Brisbane of Freeland, in the same neighbourhood ; and this gentleman is quite ruined by this excessive fine, near the value of the lands of Freeland. His decreet runs in the council-books, “ The lords find John Brisbane of Freeland, by his own confession upon oath, guilty of being present at twenty-five house-con¬ venticles, at some of which he hath deponed there were more present than the house could hold, so as some of them were with¬ out doors, which by the law is declared to be a field-conventicle, and of constant with drawing from his own parish-kirk, since his majesty’s most gracious indemnity in the year 1679, and fine him in live hundred pounds sterling, and ordain him to pay six thousand merks presently, and lie in prison till it be paid, and supersede the other three thousand merks, till they see how his future behaviour shall be.” July 22d, I find Patrick Walker, a boy of eighteen years or under, before the council. He confesses he was present at the murder of Francis Garden one of the earl of Airly’s troop, and refuses to dis¬ cover his accomplices. Arthur Tacket confesseth he was in the rebellion, and lately with the rebels in arms in the shire of Lanark. The council ordain them both to be questioned by torture, to-morrow, before the committee for public affairs, at nine of the clock. Patrick Walker was ordered, July 23d, to the plantations, pro¬ bably after he had undergone torture. The 48 THE HISTORY OF THE SUFFERINGS [BOOK III. other we shall meet with at his exe- 1084. ,. cution. August 1st, that excellent person lord Neil Campbell, brother to the noble earl of Argyle, had been cited before the council, for no other cause I can hear of, but that he was the son of the excellent marquis, and brother to the earl of Argyle. Nothing worthy of death or bonds could be laid to his charge. “ The clerks of council are warranted to receive caution for him, under the penalty of five thousand pounds sterling, that he confine himself to Edin¬ burgh, and six miles about, and compear before the council in a charge of six hours.” August 6th, I find Robert Goodwin malt- man in Glasgow, is before a committee of the council, the justice-general, the advo¬ cate, the bishop of Edinburgh and some others. There was no probation against him, but what resulted from his examina¬ tion, He would not own the king’s supre¬ macy, nor promise to attend upon ordinances dispensed under the bishops, nor term Both- well rebellion, and thereupon is banished to the plantations, and remitted to prison. This religious worthy person had been cited to some courts, and did not compear ; that way he came to be insert in the Porteous roll, and was taken April 6th this year, in a search at Glasgow, with James M‘Lintoch, who Avas banished to Carolina. After he had continued some time in prison at Glas¬ gow, he was brought into Edinburgh. He remained in prison till next year, with many others, he was sent to Dunotter, and Avhen brought thence back to Leith, he found means to escape. He was upon his hiding since the year 1676, merely for non¬ conformity. August 25tli, Mr James Welwood, doctor in medicine, Avell known since to the world, by his curious memoirs and other Avritings, is ordered by the council to be sent to Cow- par, there to satisfy the sheriff'’ s sentence for his nonconformity. A new instance of exorbitant fining, offers from a shire Avhence Ave have not very many examples. August 19th, John Forbes of Lesly, in Aberdeenshire, com¬ plains of his treatment by the sheriff-depute, to the council; and their act about it fol¬ lows. “ Anent the petition presented by John Forbes of Lesly, bearing that he is fined by the laird of Kinmundie for alleged irregularities, and particularly for his and his lady’s withdrawing from the kirk, in the sum of twenty two thousand three hundred and twenty pounds Scots, by a decreet dated February 24th, 1684; where¬ as the petitioner’s practice was out of dis¬ like at the minister Mr Alexander Mowat> placed there contrary to his inclination, lie being patron, and that he frequented ordi¬ nances elsewhere.” The petitioner depones, that his withdraAving Avas not from any dis¬ like or disrespect to the government in church or state, and the council suspend the letters. It appears indeed Mr Forbes was no whig, Mr Mowat had gone out for the test. That same day the council go in another road, as to some fines imposed in Fife. Alexander Nairn of Sautford in Fife, com¬ plains, that the sheriff had most iniquitously fined him in three thousand three hundred pounds for house-conventicles. The coun¬ cil refuse his petition to have it suspended, and order it to be exacted. And dame Jean Telvil, lady Abden, complains, she was fined in absence by the sheriff of Fife, in two thousand pounds, but hath no redress. This same day, “ John Campbell son to William Campbell of Over-Welwood, is or¬ dered by the committee appointed to con¬ sider the case of the prisoners, to be pro¬ secuted before the council, in order to ban¬ ishment.” This is all I meet with about him in the registers, and his escape with that of many other good people, August 21st, prevented further process. But it is Avortli the reader’s Avhile to take here a well vouched account of the treatment of this worthy gentleman, now Captain John Campbell of Over-Welwood in the shire of Ayr, yet alive, and able to attest every branch of this hard dealing- with him and his worthy brother. The captain is so gen¬ erally known for his piety, good sense, up¬ rightness, and bravery, that he is far above any character I can pretend to give him ; and I knoAV well his extreme modesty will be grated by my saying this much of him. He gave very public evidences of his excel¬ lent spirit after the revolution, when he was deservedly made a captain of horse, and did good service to his master king William in CHAP. VI1I.1 OF THE CHURCH OF SCOTLAND. 49 many parts of the kingdom. And the very same cause, and revolution-interest being at stake, he is just now treading the same steps, and distinguishing himself by a most active and vigorous appearance for our only rightful sovereign king George. When I am writing this (1715) during the present unnatural and unaccountable rebellion, I Avill take liberty here to give all his suf¬ ferings together, though some of them were in the after years. Toward the beginning of August, this young gentleman, scarce yet eighteen years of age, and his elder brother, William Campbell, about twenty, were living peaceably in their father’s house, an excellent gentleman, who after all his toss¬ ings and troubles got safe to heaven in a good old age, and a full gale of joy, March 5th last, 1715. They had never been en¬ gaged in the least disturbance to the go¬ vernment, and when both together in the fields upon the Welwood hill, they were seized by a party of my lord Ross his troop, and carried into the house of the Welwood near by, whither a good many of the said troop were come to search for their father. He was happily out of the way at this time. When the two youths were brought in, the commander of the party, Bonshaw, cursed the soldiers because they had not shot them in the place they had found them, though there was nothing offensive about them, except it were two bibles found upon them, which, it seems, put him in a passion, and was looked upon by the soldiers as a certain mark of disloyalty. There they were kept prisoners till their father’s house was rilled, and three good riding horses seized and taken away. And though nothing was, or could be laid to their charge, and the ordinary catechism was not so much as put to them, yet they were car¬ ried away prisoners that night to Newmills, and lodged in the guard. Next day they were carried to the Dean, a house belong-- mg to the earl of Kilmarnock, where a gar¬ rison was; It was like a begun hell to these religious young gentlemen, to be among the impious and profligate soldiers, their ears were grated, and souls vexed at the horrid profanatiou of God’s holy name. Here they were kept till sabbath next, the ordinary travelling day to the IV. soldiers, when they were carried into Glasgow prison, and thrust into a little room, and put into the irons from eight at night, till eight next morning, with two centinels upon them. Upon Monday they were examined by the lord Ross, and lieutenant-colonel Buchan, who were civil enough to them, and afterward by lieutenant-colonel Windrum, upon the ordinary catechetic questions. Captain Campbell remembers that the last asked him, if he would pray for the king. He answered, that he both did, and would, that the Lord would give him a godly life here, and a life of glory hereafter. Windrum said, “ That is not enough, you must pray for King Charles II. as he is supreme over¬ all persous and causes, ecclesiastic as well as civil.” The other said, in his opinion, that was praying for him as the head of the church, which belonged only to Christ, and he reckoned it arrogance in any creature whatsoever to claim it.* They were kept in the irons eight days, with two centinels watching them day and night with drawn swords, as if there had been somewhat very extraordinary in their case. And when at some times they would lift their heads to ease them¬ selves a little, being sore crushed with the heavy irons, the centinels threatened to stab them. Thus they bore the yoke in their youth, and I am persuaded it was good for them. After this treatment, they were committed to lieutenant Murray, brother to the laird of Stanhope, to be car¬ ried into Edinburgh. He was vex-y severe and savage to them, and caused tie their legs together very strait with cords beneath the horse belly, and carried them into Edin¬ burgh that day, in this uneasy posture, where they were put in the long-loft, as it was called, in the Canongate tol booth. Several times they were brought before committees of council, and examined upon the ordinary interrogatories of the time. The captain remembers, among the other * This throws much light on the intention ot the judges in putting the question, and also on the reasons why the covenanters refused to pray for the. king. It is plain that there is only one sense in which their praying for the king would satisfy; and that was a sense which involved in it a complete dereliction of their principles. — Ed. G 50 THE HISTORY OF THE SUFFERINGS [ROOK III. questions he was posed with, after he ’ ' had told his age, a day or two beyond eighteen, he was asked, if he was at Both well. He answered, “ No; for he went hut to the grammar school the Martinmas thereafter.” The clerk wrote down, “As to Both well, the prisoner answers, I was but young then, but had I been old enough, I would have been there.” This was horrid injustice ; and from it we may guess at the ordinary methods used with country people. Mean¬ while, it may be, this was the inward sen¬ timents of the prisoner, but he could not let it pass. When read to him in order to his signing, he roundly told them, the clerk was unjust, aud wrote down a lie, and what he had not said, and appealed to the lords present. The matter was shuffled off, and he sent back to the Canongate prison. His brother had dissatisfied the committee very much in liis answers, and he was separated from the rest of the prisoners, and sent to a little, vile, nasty hole, where the vermin were so thick, as they might have been swept away. The captain was some little time after brought before the council, and re-examined upon the foresaid questions. And when he gave them no great satisfaction, the old lord Collington told him bitterly, he would face the Grass- market. When threats moved him very little, some others of them changed their style, and calmly asked him, what is the reason you will not comply as your elder brother hath done, and abundantly satisfied the council. This was a flat lie spoken in judgment, and yet somewhat worse than the clerk’s treatment of him. It was ex¬ tremely vexing to him, how ever he stood his ground. When he was remanded to the Canongate prison, his soul was sore distressed w ith the account the counsellers had given him of his brother’s compliance. He had no other way to disburden himself, his brother being now in close prison in the high-town tolbooth, but to write an unsigned letter to him, giving an account of what was said of his compliance, and signified to him in wrarm enough expressions, that though he was his dearest relation, yet rather than he should relinquish the cause of Christ, he would choose to see him suffer. This letter with a Bible was sent in by a woman to William Campbell, and was catched at the door ; whereupon the poor woman and his brother were immediately brought before the council, and strictly questioned who was the Avriter of the letter. The poor woman, Margaret Aird, who most probably did not know from whom the letter came, was tortured in thumbkius, and the boots Avere brought before William, and he threatened with them if he Avould not discover the Avriter of the letter ; but nothing Avould prevail. This letter put them in such a fret, and indeed it Avas abundantly tart, that they ordered a committee of their number to go upon Saturday and examine the prisoners in the Canongate tolbooth upon it, parti¬ cularly the captain, and his cousin John Campbell prisoner there. Somewhat or other fell in, w hich diverted the counsellors from coming, only they sent an order to remove these two from the room they Avere in, to the iron-house in the Canongate. This was a strange and unexpected step of providence in the captain’s eye ; for just the day before, he had fallen on methods to convey some instruments to the prisoners there, for breaking prison, Avithout the least prospect of having any share himself I in the designed escape. The orders were most Avelcome to them both, and to the iron-house they came. Upon Saturday’s night, they began about eight of the clock, and Avrought close till next morning. All their instruments were two gimlets and a chisel, and a board-iron. To-morroAV they got more time to work, than upon any other day, and continued boring the joists, and haAring cobwebs in plenty, they covered all whenever they heard the jailors coming in. Thus they continued tAvo days and nights, until they got a good large breach made in the flooring above them, and on the third night they got another passage made in the flooring of the loft above the Avoman-house ; and having got a good quantity of small cords, sheets, and bed¬ clothes conveyed to them, thirteen of them made a shift to get out underneath the palm of the Canongate steeple, and got all safe to the ground by the help of the cords and bed-clothes, and escaped, saveWilliamYoung, AA’ho Avas retaken upon Tuesday, and suffered chap, viii.] • OF THE CHURCH OF SCOTLAND. 51 in a day or two, and another who was wounded by a fall he catched. The two cousins travelled till they met happily next night at the hill of Tintock, and from that got into Ayrshire, where the captain’s father, and William Campbell of Middle-Welwood, joined them, and they spent that winter, and part of the next year together in the fields very privately, always lying in the open air, perfectly exposed to rain, snow, and cold. In April, 1685, they had made a little lodge for themselves, in a very retired place in the middle of the mountains. In a little time after, the highlanders came to that country, and dis¬ covered their hiding-place, and they were forced to remove, and separate one from another. In a few days Middle-Welwood and his brother were taken by Claverhouse, and cruelly treated, and with others were sent to Dunotter. When Argyle was com¬ ing in, the captain fell in with that excellent gentleman, afterwards lieutenant-colonel Clelland, and passed much of the summer 1685, with him, and John, after wards lieu- tenant-colonel Fullarton,and that great man Mr Robert Langlands, Mr George Barclay, and Mr Alexander Pedin, and met with many wonderful deliverances, preservations, and provisions. When the noble earl of Argyle’s attempt was disappointed, the cap¬ tain was almost outwearied with his long difficulties, and took up resolution to go to Virginia, but was in a very remarkable way detained at home, God having service for him in his native country. At first he was put back by stress of weather, and when attempting a second time, was detained by his brother’s sickness, and lastly by his own. In April 1686, that excellent youth, his brother William Campbell died of a decay, contracted by the terrible severities he met with in the prison of Edinburgh. He fell asleep in Jesus, in much peace and joy. And though there was as great endearment be¬ twixt them, as perhaps ever was betwixt two brothers, yet the captain durst not ap¬ pear at his burial. Thus he continued wandering up and down under no small hardships till the revolution, when he ven¬ tured out and levied a troop of dragoons, man and horse, w ithout any charges to the government, and mustered the same . in the excellent lord Cardros’s re- " ’ giment, where he wras very useful. To return to the register, August 26th, the council order a party to bring in the under-written persons prisoners to Edin¬ burgh, who were present lately at a field conventicle kept within half a mile of Greenock, by Mr James Renwick, where there was a child baptized. “ Patrick Lang maltman in Greenock, James Holm, William Baird, William Andrew, James Warden, William Scot, Marian Muir there Linning who lived at Polmadie or little Go- van, George Muir in Rutherglen Tom in Polmadie, and some others.” The same day, I fiud a petition given in to the council containing a most unaccountable oppression committed in the parish of Calder, by Thomas Kennoway depute to Meldrum ; which, with other facts of this kind, we may afterwards hear of, provoked some persons to bring him to an untimely end, November this year. I have no more about it but what is in the registers. Anent the peti¬ tion presented by Robert Aitkin, and about two and twenty men and women, (whose names I insert not) in the barony of Calder, among whom are two minors and a cripple, “ bearing, that they are charged with letters of horning, at the instance of the fiscal to the laird of Meldrum, and Thomas Kenno¬ way his depute, for alleged not keeping the kirk, and not deponing for themselves, wives, children, and cottars, being fined in a hun¬ dred pounds per piece, whereas, generally speaking, they pay but six pounds for their house, according to their respective charg¬ es, by a decreet April 6th last, of which they complain as most wrongous. lwio. Because they were summoned only against the 23d, as the summons produced bear, and yet the decreet passed in absence upon the sixth day. 2 do. All of them who got advertisement of that day, at their appear¬ ance declared they were ready to bring tes¬ timonials of their behaviour, under the minister’s hand, which were absolutely re¬ fused, and each of them were required to depone for themselves, family, and cottars, and because they would only depone for themselves, they were dccrceted. 3 tio. If 52 [BOOK III. THE HISTORY OF the council would please to call for and see the said decreet, the said fis¬ cal and depute would be holden ridiculous for acting- the petitioners in such extrava¬ gant fines, although they had been guilty, as they are not, they being yet still willing to bring to their lordships testificates under the hand of their minister, for their orderly living. 4 to. Michael Graham, who lived not in Calder these seven years, is fined for not keeping Calder kirk. 5to. The laird of Meldrum, by a special act under his own hand, acknowledged, that his fiscal and de¬ pute had committed several abuses among the petitioners, and stopt diligence till he heard them, which is not yet done.” Upon the whole they crave the fiscal and Ken- noway may be called before the council and examined, and they discharged. The coun¬ cil ordain the laird of Meldrum to take the petitioners’ oaths, as to their keeping the kirk, being at conventicles, and their wives’ orderly carriage, and sist execution till the report be made. Almost at every sederunt of the council, new complaints are given in of exorbitant fines by sheriffs, and such as had a council power. August 26th, Robert Alexander of Corsclays, complains that he was fined by Ardmillan upon the 7th of February last, in 2808 pounds, for withdrawing from ordinances, by a decreet passed in his absence 1 when sick. The council repone him to his j oath. And by another complaint, I find Thomas Kennedy of Grange, by a decreet fined in twelve thousand pounds, he is re- poned ut supra. September 4th, the laird of Jerviswood is fined, for alleged reset and converse, in six thousand pounds sterling, as we shall hear, when I come to his case in particular. And September 10th, I find the committee for public affairs make their report to the council concerning fines. “ That the lady Graden is fined by the sheriff of Teviotdale, in twenty six thousand and odd pounds, the lady Greenhead in sixteen thousand and odd pounds. The committee find reason to sist execution as to her, and the council ap¬ prove. And John Watson of Dunikeir in Fife, and his spouse, fined in 1050 pounds for irregularities, and the committee order execution.” This is all I meet, with in the THE SUFFERINGS council-registers ; but 1 have before me an extract of the tines imposed upon the her¬ itors of the shire of Roxburgh, for not keep¬ ing of the church, and exacted, taken from the letters of horning, as the extract bears, dated August 1 1th, 1684. I have not taken that particular notice of the exorbitant fines in each shire and parish, my materials lead me to, designing, if I can bring it to any bearing, to give a general estimate in the different parishes I have accounts from; but this is such a prodigious sum from one shire, that I thought it deserved a room here, and give it as I find it in two differ¬ ent copies of an extract of the decreet foresaid. The laird of Riddell . . - £52,050 The laird of Bonjedburgh . . . 40,500 Lady Chesters .... 14,780 Lady Timpindean .... 1,405 Lady Mangerton .... 8,974 Lady Castles ..... 13,500 Lady Hassendean .... Scot of Alton . . • 2,146 Lady Fotherly .... 540 March Cleugh ..... 1,896 Laird of Greenhead . . . 16,875 Laird of Massendean .... 2.285 James Scot of Thirlstone . . . 9,369 Laird of Cherry-trees . . . 10,650 Laird of Ednam .... 19,657 Lady Cranston ..... 19,657 Lady Know ..... Elizabeth Meikle and her husband Lady Garinberry . . . 5,700 Laird of Chatto ..... 31,344 Laird Bonjedburgh for himself and lady 1,500 Lady Mangerton a second time . . 500 Lady Craigend a second time . . 247 Lord Cranston with his lady . . 1,412 Laird of Bonjedburgh a third time . 1,750 Sir William Scot of Martin . 18,000 Summa totalis £274,737 Those fines imposed by inferior courts are not indeed to be compared with those imposed by the council, toward the end of the year, from which there was no appeal. I have formerly pointed at the methods by which fines for irregularities Avere screwed up to this prodigious sum. In some the Avhole was exacted, especially in meaner persons, who had less ability to debate with the sheriff in his oppression ; all by the de¬ creet were made liable in law, and execu¬ tion folloAved, unless a sist were got ; but, generally speaking, compositions Avere made, and those were severely uplifted. By those the reader may guess what an incre¬ dible sum an exact account of the tines im- CHAR VIII.] OF THE CHURCH OF SCOTLAND. 53 posed upon heritors in each shire of the west and south would come to ; and if we add to those the prodigious sums most ar¬ bitrarily levied from tenants, cottars, and tradesmen, for mere nonconformity, of which it is scarce possible to recover any tolerable accounts, since they were all pocketted, and no account was to be given of them, we may form some notion of the dreadful oppression at this time. September 16tli, the council order Hay of Park, Alexander Monro, and Campbell of Arkinglass, to be sent to Blackness cas¬ tle, and kept close prisoners. The occasion is not insert in the registers. The last wor¬ thy gentleman was a Campbell and proba¬ bly laid up upon suspicion of the earl of Argyle’s designs of making some attempt which was now talked of. September 25th, “ The committee for public affairs, having considered the exami¬ nation of John Brown tailor journeyman in Edinburgh, who declares he lived in Edin¬ burgh those six years, was taken lately in Libberton’s wynd, will not acknowledge the king’s authority without his own limita¬ tions, will not pray for the king since it ought to be done in a devout manner and place for prayer. Declares he thinks it lawful to take up arms against the king in defence of the covenant, and that the cove¬ nant will be yet owned. Refuses to answer as to the archbishop of St Andrews, and whether it be lawful to hear the present clergy. Thinks Bothwell-bridge lawful, because those who were there were in self- defence, and refuses to subscribe.” The committee order him to lie in the irons till further order. It is a wonder he was not straight sent to the justiciary, and the gal¬ lows ; perhaps there was not a quorum of the j ustices in town. October 9th, the council allow physicians to visit James Hamilton of Aikenhead in prison. This gentleman was only confined for nonconformity, and it was hard enough after all he had endured, that when stand¬ ing in need of physicians he should not have been let out, at least on caution. The same day William Niven in Pollockshaws, .vhom we shall afterward meet with, and John Hodge, are ordered to be sent to the i plantations, because they would not take ! the oath of allegiance, or engage to regularity, or own Bothwell- bridge to be rebellion. November 7th, the council have before them a petition from several gentlemen in Roxburghshire, who had been exorbitantly fined. I give it as it stands, as a further evidence of what is above. It is but some of them who apply, who were in the decreet, and persons are here named who were not in the extract. And this application is only from such as were fined for their ladies’ nonconformity. “ The following persons being fined, for their wives’ alleged with¬ drawing from their parish kirks, and other irregularities, by the sheriff of Roxburgh, in the following sums, Samuel Morrison of Massindieu in 2285 pounds, Christopher Ker spouse to William Turnbull of Sharp- law, and the said William in nine hundred and fifty pounds, Eupham Turnbull spouse to John Douglas of Timpandean, and the said John in 1288 pounds, lord Cranston for his lady in William Ker of Chatto in 31,000 and odd pounds, Sir William Ker of Green- head in 16,000 and odd pounds, Walter Scot of Colston in 5000 pounds, Adam Scot of Hassendean in Andrew Edmiston of Ednam in and being charged, and having represented they were not le¬ gally cited, and divers other reasons, desir¬ ing they might be reponed.” The council sist execution, and delay the further con¬ sideration till the first Thursday of Decem¬ ber. That same day John Scot of Wall petitions the council, but met with less favour, “ that whereas in March, 1 683, he was fined by Meldrum, and in October last, by the lords of justiciary, for his wife’s with¬ drawing from the church, which she did, not knowing the consequences of it, and that he himself hath lived most regularly, and is a zealous keeper of the church, and, with the rest of the heritors of Teviotdale, has lately given a proof of loyalty received by the said lords, craving that execution may be stopped.” The council repel his al- legances, and ordain the letters to be put in execution. The partiality of the managers in this matter of fines, appears at every turn ; for notwithstanding of this refusal to the laird of Wall, the council, December 4th, act 5i< THE HISTORY OF THE SUFFERINGS [BOOK III. quite otherwise in the case of the ’ laird of Balcanquel in Fife. “ Anent the petition of David Balcanquel of that ilk, whereas the petitioner is required by the sheriff of Fife, to pay the sum of 15,000 pounds, upon the account of his wife her not keeping the church, being three years’ valued rent ; and seeing his loyalty and re¬ gularity is notourly known, and may be attested ; and seeing it was never his ma¬ jesty’s intention, that his dutiful and well- affected subjects should be ruined by the mad and wilful opinion of their fanatic wives, without any fault of their own; humbly supplicating the council, to take the same under their consideration, and discharge any further diligence against him, for the foresaid fine, seeing it is not in his power to persuade his wife to go to church, notwithstanding all the endeavours, for that effect, he has used with her, and he is Mull¬ ing to deliver her up to the council, to be disposed of at their pleasure.” The coun¬ cil having heard and considered the petition, discharged, and hereby discharge the within written fine, and grant order to relax him ; the petitioner nevertheless being always obliged to deliver up his wife to justice, when required by the ordinary, to answer for church-irregularities. December 24tli, “ The council order the lady Cavers to be liberate, upon her bond to leave the kingdom, and her payment of 500 pounds sterling, formerly imposed by the council.” This is all I find in the re¬ cords. But, as I promised before, I shall now give some further hints of this excel¬ lent lady’s case, from other papers, and likewise of a process against her tenants, which was indeed most unaccountable, and both of them from authentic papers. We have before heard of her heavy trouble and imprisonment, November, 1682, in Stirling castle, where she continued till the close of this year, excepting a few weeks now and then she was liberate for her health ; and such was the rigour of our Scots managers, that had not her son, this year as he came home from his travels, prevailed with some about court for this favour, and the liberation come that Mray, she had continued longer in prison. Her case M as indeed very hard, to say nothing of her shining virtue and singular piety, and her being chargeable with nothing but simple nonconformity with prelacy, and no ways concerned in any thing against the government, nor could once be supposed to be. She was only a liferentrix, imprisoned now more than two years for an exorbitant fine of 500 pounds sterling, a sum exceed¬ ing three years’ rent of her estate, n ithout allowing any part of her said liferent, for her own maintenance, or that of her chil¬ dren. The diligence used against her tenants bound them up from paying her money, and her rigorous and close impri¬ sonment deprived her of the use of any means for her livelihood and subsistence. This brings me to the case of her tenants, which deserves a room here, as it was a proof of the injustice of the ordinary magis¬ trates, and the palliating of it by those in higher stations, and Mras indeed a very general case to all the tenants who favoured suffer¬ ing heritors. February 1683, an arrestment Mras used in the tenants’ hands, and January this year, a decreet was pronounced against them by the sheriff of the shire, not only for what was due by them, in the time of the arrestment, but also for the full current l year’s rent. The tenants urged for them- j selves, very reasonably, that the arrestment was used in February, and they took not their land till two months thereafter, it could not be supposed that at the time of the ar¬ restment, they M'ere debtors for that year’s rent, when then they had not taken the land ; and no other diligence had intervened till Martinmas, which was the first term of payment ; they had then paid to the lady near the half of their year’s rent, from which at least they craved to be assoilied, in regard that from the time they took the land to the said term of payment, there had been no diligence used by arrestment or otherwise, to put them in mala fide to pay the same. Meldrum’s power with the she¬ riff’ prevailed, contrary to law and reason, to repel this just defence, and the decreet Mras extracted for the haill, and letters of horning raised. By a paper of the tenants’ presented to the counpil, dated April 1st this year, I find William Douglas, James Harkness, James Turnbull in Kirkton, William and CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 55 Jean Staverts, Janies Lyden, and .Tames Laing in Earlside, tenants to the lady Cavers, informing the council, that an arrestment had been used in their hand, February 1683, at the instance of Hugh Wallace the king’s cash-keeper, sequestrat¬ ing all then resting by them to the lady, till her fine of nine thousand merks was paid ; that they were moveable tenants, and renewed their tack for the next year in April thereafter, and had no new arrestment laid on after the first, and therefore thought themselves safe to pay eleven hundred pounds of that new rent, at her call next term, for which they had discharges ; that upon the 8th of January last, they were summoned before the sheriff of Roxburgh, and compearing, deponed on what was resting in their hand in time of the arrest¬ ment; and further, gave account of what they had paid since, and urged according to the very nature of all arrestments, that it could reach no further than what was in their baud, and could never look forward to a new tack ; that the sheriff delayed to pronounce his interlocutor upon that head, till he had advised the case : however a decreet was passed in their absence, without ever receiving summons to hear and see sentence pronounced, and upon a Friday, which was never the ordinary court day, and they have ground to doubt whether the decreet was pronounced in the ordinary I place of judgment ; and upon this pretended decreet without citation, they have now received a charge to make full payment of the whole year’s rent, upon the 21st instant, while the term of payment of the last half is not due till Whitsunday, and the peti¬ tioners are like to be distressed before the legal term of payment.” I need scarce re¬ mark, that such stretches as these were very frequently made now before the most part of the ordinary courts, in cases wherein any of the persecuted party were concerned; and this confirms the general remark which occurs frequently, that oppression upon civil liberties still goes along with oppression in matters of conscience. Together with the foresaid informa¬ tion, the lady Cavers’ tenants petition the council, that since they had done nothing in this matter, but what they thought was the part of dutiful tenants, and if they were forced to pay the half year’s rent over again, it would ruin them and their families, that the decreet mio-ht be discharged, at least till they should be fully heard before their lordships.” This petition was rejected, though indeed very reasonable. About the middle of May, the tenants were by virtue of a caption appre¬ hended by a messenger, and by a party of Mehlrum’s trcop brought down to Jedburgh tolbooth. They were afterwards allowed some few days to go home, in order to make up their money ; and I find they were also discouraged by the finings and harassing^ they were put to, that, had not the laird of Cavers returned that year, and got the prosecution stopped, they had all left the ground. I have no further anent this excellent lady, save her petition and her son’s given into the council this year, the particular date is not added, but probably the act of council liberating her followed upon them. They deserve a room in this place, as con¬ taining a further account of the state of this worthy person’s case. The lady Cavers’ petition bears, “ That whereas by their lordships’ sentence upon the day of November, 1682, she was fined in five hundred pounds sterling, and committed prisoner to the castle of Stirling, until the same were paid, precisely upon her refusing to give her oath upon the points of her libel, which did not proceed from any contumacy, but out of a tenderness she hath ever had to give her oath, in any case almost, but will not decline the most exact and strict trial in the matters whereof she is accused ; and is so conscious of her own innocency, that she doubts not it will be evident to the council, she was misrepre¬ sented to them by misinformations, pro¬ ceeding either from malice or mistake, to which she is the more exposed, being a person who lives abstract from all company, employing her time in the education of her numerous fatherless children.” She begs, “ that the lords may consider the mean¬ ness and smallness of her estate, a jointure not exceeding an hundred and fifty pounds sterling a year ; that she is in debt* and bound to aliment her younger children. 5.6 THE HISTORY OF THE SUFFERINGS [BOOK III. live in number; and pleads, that unlessThe council relieve her from the hue, she and her small children, the is¬ sue of a family, who for many years have served their king and country faithfully and honourably, will not only be reduced to ruin, but starving. That by her long and tedious imprisonment, her health and estate are impaired exceed¬ ingly. She adds, that in time coming she resolves to live inoffensively to the whole world, educating her children, and enjoying herself in her recluse and desolate condition, without meddling with any persons or affairs in the world. Upon the whole she craves, that their lordships may, in compassion to the widow and the fatherless, remit her and them the said fine; and if they think it ne¬ cessary, favourably to represent her case to his majesty, who, she submissively hopes, will grant her humble desire; and in the mean time, that they will permit her to in¬ tromit with her jointure, for alimenting five poor fatherless children, which she thinks it will scarce be able to do, in respect of the meanness of it, and the debts wherewith it is already burdened.” By any thing appears to me, this reason¬ able petition, very pathetically drawn, had no weight with the council, till her son, Sir William Douglas of Cavers, now come home, presents another petition to the council, representing, “ that his mother being sever¬ al years in prison for nonconformity, and not keeping the church, he, though desirous of her reclaiming, yet out of respect to the king’s laws and government, will propose nothing that may be of evil example to others ; and therefore only begs she may be allowed to come to her friends and relations, and that he may be received cautioner for her, that she shall live regularly, or, within three months after the date of her liberation, remove forth of the kingdom, and not re¬ turn without special allowance; by which, adds he, the country will be freed from any alleged prejudice she may do in case of non- compliance, and the law be salved, and sufficient terror given to others. And he urges, that the justices ordinarily allow this even to such as are denounced fugitives; and the council hath already granted it to the lady Longformacus, lady Moriston, and others. And concludes, with representing that this will be a far more effectual reme¬ dy than imprisonment, which being within one’s native country, becomes familiar and easy in a short time.” The former sentence of the council is all I know of in answer to this representation, and we see the managers have no mind to part with the lady’s unaccountable fine, after so long imprisonment, and she is - ob¬ liged to take on a voluntary banishment from her native country and small family. No further accounts have come to my hand of this worthy person’s sufferings ; but sure matters were at a miserable pass, when a son was necessitate in such terms, to peti¬ tion for so good a mother, and so honoura¬ ble a family ; and many others were treated much the same way, merely for nonconform¬ ity, and not counteracting the light of their own conscience. John Binning dyster in Glasgow, was this year imprisoned fourteen weeks, mere¬ ly for alleged favouring of the sufferers. The case of this good man was singular, and aggravated the severity used towards him. He had lost his sight entirely, and had been frequently incarcerate and threat¬ ened with imprisonment, but because of his blindness, was soon let out ; this year he was kept close prisoner near four months. And to such a pitch did the inhumanity of this period run, that when a child of his came to be very near death, and frequently and passionately cried for her father, he made earnest application to the magistrates of Glasgow, for liberty to converse with his dying and affectionate child, were it but for an hour or two. But so reasonable a favour could not be granted, though he offered bond and caution under what penalty they pleased, to return to prison at whatever hour they should appoint. The child died with¬ out the satisfaction of seeing her pai’ent, neither was he allowed to come forth to her burial, though he repeated his offer of bond and caution to them ; all this was the more unaccountable that he was blind, and consequently out of case to flee from their rage. He is yet alive, vouching every part of what I have set down. A great deal more might be added in this section, as to the particular treatment of OF THE CHURCH OF SCOTLAND. 57 CHAP. VIII.] gentlemen and others, were it not that I have left the prosecutions with relation to the last year’s plot, and those fined to the value of their estates, in the close of this year, to sections by themselves. I shall only add, that at the same diet of council, the laird of Pitlochie is let out of the Bass upon promise to go to the plan¬ tations. In his petition to the council he promises to take Mr Archibald Rid¬ del with him, and offers to be caution for him in five thousand merks. We shall meet with him again next year. And that same day, dame Margaret Weems, lady Colvil, petitions the councillor a better room than she hath in Edinburgh pri¬ son ; which is granted her. I have been told, she met with very unworthy treat¬ ment for a person of her quality, when imprisoned upon her refusal to pay a fine, which was extravagant, for her nonconfor¬ mity ; but having no distinct accounts of her,* I end this section. SECT. III. Of the proceedings of the criminal court , forfeitures , and public executions this year, 1684. It is time now to come forward to the suf¬ ferings of a considerable number of good men unto death this year, and the forfei¬ ture of others, some absent, and others of them in heaven before this time, and the public executions. The procedure of the justice court against those alleged to be concerned in the plot, I shall give altogether next section, and that will considerably shorten this. To give the reader an account of all that were relaxed, deserted, and con¬ tinued before the justice court, for the three or four last months of the last year, and a * Her name was Margaret: Wemyss daughter of David Wemyss of Fingask. Her husband was Robert, second lord Colvil of Ochiltree, who succeeded his uncle 1662, and died at Cleish 12th P'ebruary, 1671. (Lamont’s Annals.) Since the year 1788, when the house of lords decided against the claims of a person calling himself Robert lord Colvil, this family may be consid¬ ered as extinct. It is scarcely necessary to add that the Colvils of Culross area different family from the old Colvils of Ochiltree, but lineally descended from them, and now their only legi¬ timate representatives.— -Wood’s Peerage, vol. I. page S55, &c — Ed. ! IV. good part of this year, for alleged reset and converse, and state crimes, would be almost to copy the whole criminal books. Indeed for many months, I meet with no other business before them, save two or three deforcements of messengers. I only shall notice some of the more re¬ markable processes. January 18th, the laird of Auchinleck, Sir John Riddel, the laird of Stevenson, Hartwood, Aikenhead, Dunlop, and a good many other gentlemen, who had been re¬ mitted by the circuits to the criminal court at Edinburgh last year, and continued till now, are delayed till March and April. We shall hear more of some of them afterwards. February 18th, I find three persons before the justice court, and all of them condemned to die. The first is George Martin, some¬ times notar, and reader at Dailly in the shire of Ayr ; by other accounts, I find this per¬ son had endured most patiently, a very long- tract of sufferings. He was taken towards the end of the year 1679, and perhaps was at that rising, though my accounts are not positive in this ; and for four years, and some months, he continued under very great severities ; for much of that time he was in the irons night and day, and mostly without fire and other necessaries, in the hardest seasons. The grounds of his sen¬ tence, which he speaks of in his speech at his death, are much the same I find in his trial, “ his not allowing the king’s authority as now established, that is, the supremacy ; his refusing to pray for the king in a super¬ stitious manner, as his words are ; his re¬ fusing to declare his opinion about king Charles’ death, which, he said, he would not meddle with ; his saying bishop Sharp’s death was a just judgment of God upon him, what¬ ever the actors were ; and his refusing to call Bothwell rebellion, and to renounce the covenants.” But to come to his trial as it stands in the justiciary books ; he is in¬ dicted for treason : the probation adduced is his own confession when examined. “ Feb¬ ruary 11th, being interrogate if he owns the king to be lawful king, and will pray for him ; declares, he will not say he dis¬ owns him, but owns all lawful authority according to the word of God. He will not answer whether Both well-bridge be rebel- H 58 THE HISTORY OF THE SUFFERINGS [ROOK IV. ^ 1 lion; he will not judge of other ' folks’ actings, he owns the obligation of the covenant, and will adhere to it while he lives. He will not call Both well-bridge rebellion, but says, if it was a rebellion against God, it was rebellion, if not, it was not rebellion. He will not subscribe. Being interrogate if the late king’s death was murder, declares, they that did it had more skill than he, refuses to call it mur¬ der, and says, he does not think it pertinent to give a declaration anent it.” With him w as in the pannel John Ker wright in the parish of Hownam, in Rox¬ burgh. His examination and answers are likewise all the proof brought against him. “ John Ker refuses to own the king’s au¬ thority. He says, the king lays things on his subjects contrary to the word of God, and so he cannot own his authority ; that Botlnvell-bridge was lawful, as a defence of the truth. As to the bishop’s murder he says, it is not his part to judge. As to the late king’s murder, he refuses to answer. He owns the covenant, and adheres to the ends of it. Refuses to sign.” The third person before them that same day, was James Muir at Cesford-boat. The proof is the same as to him. “ He refuses to own the king’s authority, but owns all lawful authority, but says his is not lawful. He refuses to call Bothwell-bridge rebellion, and refuses to call the bishop’s death mur¬ der, but says he was not there.” All those confessions are judicially owned before the lords, and George Martin adds, “ If the king would invade him, he would defend himself by arms.” The assize bring them in guilty of treasonable positions, ex¬ pressions, and opinions, conform to their confessions. And the lords sentence them to be hanged at the Grass-market on Friday 22d. Nothing appears to me, but all the three were accordingly executed at that time, though the Cloud of Witnesses speaks only of George Martin and another, of whom just now. George Martin’s speech is set down in that collection, and he delivers him¬ self in a great many good directions, and endeavours to guard his hearers against needless and useless disputations, and presses them to study the spirit of meekness, and to examine their ownselves more. He declares he owns magistracy and lawful au¬ thority, agreeable to the will and command of God, the one lawgiver, as much as any in Scotland. He dies, forgiving all persons all the wrongs done to him, and wishing them forgiveness, as he himself desires to be forgiven of God, and enters eternity in much peace and joy. The Cloud of Witnesses says, John Gilry, wright in the parish of Hownam in Teviot- dale, was executed with George Martin. This person must be the same, by some mis¬ take or other, with John Ker mentioned in the registers. I have before me two original letters signed John Gilry, from the iron- house, December 27th, 1683, which savour much of humility, self-diffidence, and meek¬ ness ; wherein he offers many solid grounds of support to sufferers, and presses them to observe providences, and believe well of God. I doubt not but it is the same per¬ son here mentioned, and know no more about him, but what the foresaid collection gives, that the grounds of his sentence were much the same with George Martin ; and that he died in much serenity and peace, adoring free grace, and adhering to the truths of Christ, and firmly trusting in him for salvation. It is probable James Muir likewise suf¬ fered with them. I shall only notice fur¬ ther here, that it must remain an in¬ delible stain upon this period, that so many good men, whom the Lord owned so much at their death, were butchered, and led to the slaughter for their princi¬ ples, and conscience’ sake, and merely because they are not able, without going over the belly of their own light, to express their loyalty and approbation of magistracy, in the large and sometimes sinful terms now required. “ In the beginning of March, that excellent man, Mr John Dick, before sentenced to die, and having made his escape, is now appointed to be hanged at the Grass-market, March 5th.” This is all about him in the records this year. Let me give some larger account of him, from the criminal records, the last year, when he was condemned, and other papers. There is a printed account, called the testi¬ mony of Mr John Dick, published some CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 59 years ago, iu every body’s hands ; but the errors and blunders in the papers of this pious and zealous sufferer there printed are so many, that had not the papers left by him been very large, I would have inclined to insert here a correct copy of them from a copy in my hands, taken from the original in his sister the lady Greenliill her hand ; but these being prolix, and the appendix Swelling very much, 1 shall give but a short abstract of them, and intermix what I meet with in the registers about him. Before I come to this, I cannot but observe, that the publishers of the Cloud of Wit¬ nesses, after a commendation of this excellent person, dismiss him, not ■without an innuendo as not coming up fully their length ; and leave this blot, as they take it to be, upon him, that he owned the Hamilton declaration, and the king’s authority, in a restricted sense. Which one would think they might have spared, considering his freedom and faithfulness. Mr Dick was taken at Edinburgh, upon the information of a poor woman, being bribed, who after his execution fell in distraction. His father was a writer there, and Mr Dick, after his taking his university degrees, was prosecuting the study of divinity. Upon the 29th of August 1 683, l find him examined by the committee of public affairs. His examination is printed very incorrectly, and, in his answers, Mr Dick hath the better in point of reasoning with the bishop. Upon the last of August, he was brought before the council, who, after the clerk had read the substance of his examination to him, and he had made many reflections upon it, at length he signed it in preesentia. When they had got this evidence against him, they failed not to improve it. And, September 4th, he is brought before the criminal court, and with George Lapsley, as we heard, indicted for treason. “ In as far as he had been at Bothwell in arms, and owned it as lawful, before the council, and treasonably asserted before them, that episcopacy was unlawful, and the laws establishing the same ; that since the restoration, there hath been no free parliament ; that episcopacy and crastianism since established, are contrary to the word of God ; that the supremacy, as established, is most horrid blasphemy; that persons assaulted at conventicles may defend themselves ; that field- 1 (> ' conventicles are lawful, and turning out presbyterian ministers, unlawful ; that the covenants are binding, and the test is an un¬ lawful oath. Wherethrough he is guilty of high treason.” For probation the advocate adduceth his own signed confession, which was read, and is inserted in the justiciary books ; though it be printed, yet giving a short state of his case, I insert it here. “ Mr John Dick, son to David Dick writer in Edinburgh, being called and examined, declares, he owns the work of reformation, as the same is contained in the Confession of Faith and Catechisms, conform to the covenant against popery, prelacy, erasti- anism, &c. and is resolved by the Lord’s strength to abide by the same. Declares as to episcopacy and the laws establishing the same, he cannot understand it to be lawful, because since the king’s restoration, there hath been no free or lawful parliament, as he thinks, by reason, that albeit the members thereof were elected in the ordinary way, yet when they met, there were unlawful oaths imposed upon them, whereupon severals of them left the parliament, and so he understands that it is not a free and lawful parliament. He thinks that episcopacy and erasti- anism established in that and subse¬ quent parliaments, were contrary to the word of God, and that the supremacy therein established, is most horrid blas¬ phemy.” He observes in his own written account, that he added, directing himself to the chancellor, that he hoped his lordship would not take this ill, seeing he had sworn the same in the test. He pressed this might be added to what he was to sign, but it was not allowed. “ Being interrogate, if he owns Hamilton and Sanquhar de¬ clarations, he declares, he does not own the Sanquhar declaration, as containing some¬ what contrary to his principles, such as the cutting off of the wicked. As to Hamilton declaration, having himself read it, declares he owns it ; and when they were invaded and assaulted in the exercise of the reformed religion, by any whomsoever, that they were obliged to stand to their own defence, and owns the lawfulness of field-conven¬ ticles, and their being in arms to defend GO THE HISTORY OF THE SUFFERINGS [BOOK III. j ^ themselves in case of being molested ; ‘ and that he himself was always ready to own and defend his brethren in arms, when invaded for religion ; and declares, that the invasion made against them at Pentland and Bothwell, they being in the exercise of their religion, was service done to the devil, and the resistance made by them in their own self-defence, was service done to God. Confesses, before Bothwell he hath ridden in arms with Mr John Welsh through the country, and blesses God for it. Confesseth, he was at a meeting at Lesmahago before Bothwell, where lieu¬ tenant Dalziel came with a party upon them, and was one of those who engaged against the party. Denies he was at Drum- clog, but confesseth he was at Bothwell, and thinks Mr John Welsh stayed about half a year in the country thereafter, that he was only about eight days in company with him after Bothwell, in this kingdom. Confesseth, the king is lawful born king, and came lawfully to the crown of these kingdoms, and owns the king’s authority conform to the word of God, that is to say, that he is in power to govern for the glory of God and the good of his people, and to be a terror to evil doers, and en- courager of those that do well. He declares, the act of supremacy, as explain¬ ed by the parliament, and the turning out of the presbyterian ministers, and overturn¬ ing of the work of reformation, most unlaw¬ ful acts, and being expressly contrary to the word of God, cannot be binding upon the declarant. That the covenants are binding to the nations, and shall be so while sun and moon endure ; and that that oath called the test, is a most horrid and unlawful oath, and that he is not obliged to take the same. He declares, as to the killing of the arch¬ bishop, he cannot give judgment anent it, it not being an act of his own, but some of those who were called the actors, whom he knew were godly and just men. “John Dick.” When this was read to him before the justiciary, he judicially owned it, and being asked if he had any thing to add ; he an¬ swered, “ he had only one clause to add to his declaration, now turned to his libel, and that was, that he was of opinion, all the blood of presbyterians shed those years by¬ gone, merely for their principles, was mur¬ der.” This he pressed might be added to his confession, and held as a part of it. “ The assize inclosed, and brought him in guilty by his own confession, and the lords ordain him to be hanged at the Grass-market, Sep¬ tember 28th.” His father and friends pro¬ cured the delay of the day longer, than was at first designed. The printed narrative will let the reader into a fuller view of Mr Dick’s carriage before the j ustices, and theirs toward him ; and particularly that the lords would not hear his defences, but caused the assize to inclose, who soon brought him in guilty, and then called him in, and intimat¬ ed the sentence to him. When he heard it, he told them, “ that to pass such a sen¬ tence upon him, without hearing him in his own defence, was a practice never parallel¬ ed among heathens.” And going on, he was interrupted and ordered off. We heard last year how he and a great many others escaped, very remarkably, out of prison, upon the 16th of September. In his printed case, or testimony, there follows a very long paper, containing a large account of his case, and reflections upon the present persecutors ; which by written copies before me bears the date of October 1st, 1683, and probably it hath been written after his es¬ cape, and for his own private use, and not with any design to have it published to the world. Mr Dick was taken again in the beginning of March this year, and when brought before the council, he declined to give account how he got out of prison, ad¬ hered to his former declaration, and was remitted to the justiciary, who, March 4th, ordered him to be executed to-morrow. His carriage before the council and justici¬ ary, and in the laigh council-house before he came to the scaffold, and his lasts words there and upon the ladder, are all printed in the above specified paper. This excel¬ lent and zealous man, though frequently interrupted by the beating of the drums, hath many excellent things in his last dis¬ course, and died in perfect serenity and great assurance. There are several pious and pleasant let¬ ters of his, writ before his execution to his CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 61 friends, before me, which indeed deserved a room in the printed account. I shall only insert here his letter to his father the morn¬ ing before he suffered, as I take it, for it is not dated, being but short, and breathing out much of his pious and fervent temper. “ Dear Sir, “ This hath been one of the pleasantest nights I have had in my lifetime, the com¬ petition is only betwixt it and that I got eleven years ago, at Niostal in Northum¬ berland, where and when in a barley ridge upon the Saturday’s night and Sabbath morning, before the last communion 1 did partake of in Ford church, the Lord firmly laid the foundation stone of grace in my heart, by making me with my whole soul close with him upon his own terms, that is, to take him to be my King, Priest, and Prophet, yea, to be my all in all, to renounce ray own righteousness, which at the best is but as rotten rags, and to rest upon his righteousness alone for salvation : as also to give myself entirely without reserve, in soul, body, heart, affections, and the whole faculties of my soul, and powers of my body, to be by him disposed at his pleasure, for the advancement of his glory, and the up¬ building of my own soul, and the souls of others ; inserting this clause (being conscious to myself of great infirmity) that the fountain of free grace and love should stand open for me, so long and so oft as my case should call for it. This my transaction with my whole soul, without the least ground of suspicion of the want of sincerity, which I found had been a missing in endeavours of that nature formerly, now my blessed Lord helped me to, or rather made in me, and solemnized that night and morning ere I came off that ridge. I confirmed it no less than ten or twelve times, and the oftener I reiterated, the gale continued so fresh and vigorous, that I was forced to cry, Hold, Lord, for the sherd is like to burst : so that I hope my dearest Lord is now a com¬ ing, and that the hands of Zerubbabel, who hath laid this foundation, is now about to finish it ; and indeed he is now building very fast, for which my soul bles- setli him, desiring you may join with me in so necessary a work. 1 hope ere long the capestone shall be put on, the re¬ sult of all which shall be praises and J shouting to him that sits upon the throne, and to the Lamb throughout all the ages of eternity, of long lasting eternity. This, with my earnest prayers while in the body, that the Lord would help you to mind his glory, and your own soul’s eternal welfare, is all the legacy you can expect from him, who is both “ Your affectionate son, and Christ’s prisoner, “ John Dick.” “ P. S. I hope, ere I go home, to get another sight of you. Let none see this till I be in my grave. The Lord gave me to you freely, so I entreat you be frank in giving me to him again, and the more free this be, the less cause you shall have to repent.” This dying martyr’s words upon the scaffold, and when he was upon the ladder, are printed at large. 1 shall only add his last words from the manuscript before me. They seem to be enlarged upon in the printed copy. “ I am come here this day, and would not change my lot with the greatest in the world. I lay down my life willingly and cheerfully for Christ and his cause, and I heartily forgive all mine ene¬ mies. I forgive all them who gave me my sentence, and them who were the chief cause of my taking ; and I forgive him who is behind me (i. e. the executioner.) I ad¬ vise you who are the Lord’s people, to be sincere in the way of godliness ; and you who know little or nothing of the power thereof, to come to him, and trust God, he will not disappoint you; I say trust in the Lord, and he will support or strengthen what¬ ever trouble or affliction you may meet with. I remember, when Abraham was about to sacrifice his son, Isaac said, ‘ Here is the wood and the fire, but where is the sacrifice ?’ now blessed be the Lord, here is the sacri¬ fice and free-will offering. Adieu, farewell all friends.”* * The printed account of John Dick, to which Wodrow alludes, is entitled “ A Testimony to the Doctrine, Worship, Discipline, and Government of the Church of Scotland, and the covenanted work of reformation as it was professed in the three kingdoms, together with an account of the 62 THE HISTORY OF THE SUFFERINGS [BOOK III, ] (isl retnrn to the justiciary-records, March 5th, the court have before them the process relating- to Henry Hall of Haugh- head, deceased, Mr JohnMenzies ofWinter- cleugh or Hangingshaw, of Calder- liead, younger of Windyedge, Henry Boswell portioner of Dunsyston, Robert Steel portioner of Stain, John Mack por¬ tioner of Hinselwood. They are all of them indicted, and found guilty (in absence) by an assize, of being in arms with the rebels, at Both well 1679, and are adjudged, except Haugh-head, to be executed and demeaned as traitors, when apprehended, and are for¬ feited. Perhaps it is peculiar to this period, that persons, a good many years after their death, should be processed, witnesses led against them, and forfeited; and yet there are several instances of this now. W e heard before of that good man Henry Hall. His estate was about six hundred merks yearly, and the laird of Meldrum pos¬ sessed it many years, while his wife and children were cast out and reduced to straits. I find, by attested accounts before me, that Thomas Bogle of Bogles-hole, and Gavin Wotherspoon of Heathryknow, were forfeit¬ ed for being at Bothwell. Whether it was this year or formerly, I cannot say ; if their names were in the registers, I have over¬ looked them. persecution of some of the most eminent in our days for their adherence to the same ; as it was left in write by that truly pious and eminently faithful and now glorified martyr Mr John Dick ; to which is added his last speech and be¬ haviour on the scaffold,” &c. Whatever may be thought of some of the sentiments advanced in this paper, or however we may disapprove of the manner in which Mr Dick with over freedom and perhaps an excess of plain dealing conveys his sentiments to the j udges, no one will question the talent with which the argumentis conducted, and the readiness with which the pannel replies to the charges of the court. A great part of the pamphlet indeed consists of reasonings and pleadings which were intended to be addressed to the judges, had an opportunity been given to the accused. But as the judges were not inclined to listen to such a lengthened discussion, Mr D. was obliged to confine himself in the actual pleadings to a few leading points, and the rest of his paper was prepared by him in his private moments, and left to be published after his death, as a testimony to the truth. Let it not be thought that the whole of the article is devoted to an exposition of the principles of this bold and righteous covenanter. It is delightful to find in it what we do not always find in the pole¬ mical writings of the period, a large infusion of valuable and appropriate practical advices. March 1 1th, the justices and advocate are in a good mood. “ Anent the criminal process in dependence, against Sir William Lockhart of Carstairs, Mr Hugh Maxwell of Dalswinton, (who, towards the end of this year, got not so well off,) John Camp¬ bell of Horsecleugh, James Campbell of Greenock-mains, and about eighty country people, who are present, the advocate de¬ clares his majesty hath ordered the diet to be deserted against them ; and the lords desert it simpliciter. Upon the 17th of March, the famous trial of Cesnock comes on, which I leave to the next section. The last of March, about thirty six, mostly tradesmen, are deserted ; and that same day, James Spreul apothecary in Paisley, now prosecuted for being in the late rebellion, was declared fugitive, because he does not compear. But let us take notice of what is doing at Glasgow, by those persons, we heard, were clothed with a justiciary power. There are no records of the proceedings of these commissioners, either at Glasgow or Dum¬ fries, that I have seen ; and I shall give some [ account of them from other papers and nar¬ ratives come to my hand. March 19th, five worthy and good men | were executed at the cross of Glasgow, upon as slender a probation as ever was , With the statement and illustration of these, many pages are occupied. I shall give simply the heads of admonition in Mr D.’s own words, i “ 1. Let there be a cordial endeavour in the strength of our blessed Master, as to strive against every sin without exception, so to close with every commanded duty with delight.” 2. “I would offer for your exercise that indispensible duty of repentance, in exercising which I shall offer these few Christian advices — First, let us dig deep in this matter — Secondly, let us take a view of all our actual transgressions — Thirdly, let there be much singleness of heart in this mat¬ ter — Fourthly, let there be much dependence on the Lord for grace.” 3. “ Let there be the actual exercise of the grace, the noble and foun¬ tain grace of faith, as also of patience.” 4. “Let us fall effectually about preparing of ourselves to meet our blessed Lord and Master whether as to his coming for our delivery in time or to judgment at the great day,” &c. &c. Mr D.’s views of doctrinal and practical religion are very clear and scriptural; and his testimony proves beyond doubt that he was not so occupied with the public concerns of the church and natioi as to overlook entirely the great interests of per sonal piety. His speech on the scaffold and th< whole account of his dying scene cannot be reac without deep and tender emotion. — Ed. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 63 sustained in any case, far less in a criminal process for persons’ lives, John Richmond, James Winning, Archibald Stuart, James Johnston, and John Main. We have, upon the last year, heard how some of them were seized. John Richmond was pretended to have been at Ayrs-moss, but no probation was ever brought. He was taken in Glas¬ gow as he was walking in the street, giving no provocation, by major Balfour. When he offered to seize him, John endea¬ voured to escape, but was soon apprehended, and most cruelly used, though they knew not as yet who he was, and had nothing to lay to his charge, save his fleeing when they offered to apprehend him. He was thence carried to the guard, and most un¬ mercifully bound, his heels and his neck to¬ gether, and left lying on the ground bleed¬ ing of his wounds and bruises. In this posture he lay a good many hours, and de¬ clared afterward, he never enjoyed a sweet¬ er time, and felt no pain. Next day he was put in prison, where he continued till he got his indictment with the rest. James Winning tailor in Glasgow, Febru¬ ary this year, upon some information or other, was called out of his own house, to compear before one of the bailies, by a town-officer : and being interrogate anent Bothwell, and the bishop’s death, and not giving satisfying answers, he was straight sent to prison, and indicted Math the rest. Archibald Stuart was a country man in the parish of Lesmahago ; James Johnston lived i in the parish of Calder, near Glasgow, and John Main belonged to the parish of Old Monkland. Upon the 17th of March, these five were tried for their lives by the special commission given, above narrated. The persons present were lieutenant-colonel Windram preses, Sir William Fleming, Sir James Turner, lieutenant-colonel Buchan, John Somerwel of Spittle shcriff-depute of Lanark, and William Stirling before de- ■ signed ; and John Jones writer in Glasgow was procurator fiscal. I shall give their trial as I have it from a mournful spectator, now a reverend minister. Their indictment ran upon their being at Bothwell, and their being accessory to other insurrections, and reset and converse. A great many witnesses Mere adduced, but nothing deponed which could militate against their life, even by the present * <^ ‘ laws; the reader may judge by a taste of the depositions. One witness deponed, that he saw John Richmond at Ayrs-moss in arms : The preses asked him how far distant he •was from the pannel. He answered about half a mile ; yet this was sustained, and in¬ deed the only proof they had against him. Another witness adduced against John Main, being interrogate, if he saw John among the rebels with arms, answered, he saw him coming from the eastward, and going westward. The clerk was ordered to mark that deposition, which the preses said was material, and commanded him to write, “ depones, he saw John Main coming to the rebels, and going from them in arms.” Whereas the deponent said no such thing- When James Winning was interrogate, if he had any thing to object against the wit¬ nesses, he answered, he had no objection; but solemnly professed, as he was to answer to God at the last day, he never carried arms in his life, for or against any man- Windram answered him, it was enough if he was in company with the rebels, though he had but his needle with him. In short, my informer assures me, he could not obser ve the least shadow of a proof against any of them. John Main, in his printed testimony, makes it appear, that none of the articles of his indictment were capital, and gives this account of his trial. As to his escap¬ ing out of prison, it was not to be charged upon him, but his keeper ; that he nras at Bothwell, but only as an onlooker ; that he had conversed with one Gavin Wother- spoon, who was asserted to be a rebel, but not proven one ; that indeed he had not termed Bothwell a rebellion, neither would he renounce the covenants ; that his silence as to the king’s authority could never in law be made treason ; that as to king Charles I. his death, he knew nothing about it ; and as to the archbishop’s, he would not judge of that action. The articles insisted upon in their exam¬ ination against the rest, were much the same with those, and it was chiefly upon their silence as to the three last, they M ere put to death: all of them died in much comfort, peace, and the utmost cheerfulness. 6i THE HISTORY OF THE SUFFERINGS [ROOK III. ( ^ The Christian magnanimity and de¬ light under which Archibald Stuart, a youth scarce nineteen years, died, was ob¬ served by many. Amongst other moving ex¬ pressions at his execution, he had this. “ I die not by constraint, but willingly, and this I can say, I am more willing to die for my lovely Lord Christ, and his work and truths, than ever I was to live.” In short, all of them died in a forgiving temper, praying earnestly for pardon to their persecutors, and yet warned them of their hazard, if they conti¬ nued in these courses without repentance. These five good men lie buried, with other sufferers, in the high church-yard of Glasgow. At their execution, Gavin Black in Monk- land was seized by the soldiers, upon mere suspicion, and some tokens of sorrow ap¬ pearing in him, and put in prison; and when upon examination, he did not satisfy their queries, he was in a few weeks with many others banished to Carolina. And at their burial, James Nisbet, a relation of one of them who were executed, was taken by one of the soldiers of his name. We shall just now meet with him in June, dying a public death. The persecutors and soldiers were very narrow in their observations at such public executions, and, as if they re¬ solved to counter the known truth, sanguis martyrum semen ecclesice, when people appeared affected at them, or the burials of such as were allowed public burial, they picked them up to till the next stage with blood. I return again to the criminal court at Edinburgh. And April 1st, I find Mr John Bannantyne of Corehouse, formerly men¬ tioned, George Ramsay of Iddington, Sir Patrick Hepburn of Blackcastle, Alexander Hume of Abbay of St Bathans, George Houston of Johnston, Archibald Crawford of Auchmains, Sir John Riddel of that ilk, Sir John Maxwell of Nether-Pollock, John Chiesly of Carswell, James Dunlop of Househill, indicted of reset and converse, and doing favours to rebels, as mentioned in their dittays in the Porteous rolls. All of them offer to abide a legal trial, and their diet is deserted simpliciter. April 2d, we have another set of gentlemen indicted as the former were ; Alexander Dunlop of that ilk, Alexander Hamilton of Kinkel, James Hamilton of Aikenhead, Fergus M‘Cubbin of Knock dallien, John Bog of Dornel, Hugh Dunbar of Knockshinnoch, Francis Gladstanes of Whitelaw, Gideon Scot of Atterside, Robert Johnston of Craigie-land, Robert Gourlay of Kepdar- roch, Mr William Fullarton of that ilk, George Fullarton of Dreghorn, George Muirhead of Lauchop, James Stuart of Hartwood, James Gordon merchant in Dumfries, John Forrester of Thirty-acres, William Cunningham of Buwhan, Sir William Scot _ of Harden elder. They offer to abide their trial, and the diet is deserted simpliciter. I need not remark, that those gentlemen and many others were put to vast charges and trouble in wraiting on since August last, besides the money a good many of them had to give to the clerks and others before their diets were deserted, and they had extracts. »And many of them had been all this time con¬ fined to Edinburgh, and some of them im¬ prisoned, and yet at the next circuits most part of them were of new attacked. April 5th, I find the lords of the justiciary | desert the diet against about sixteen ° . I feuars and tradesmen, whose names I insert not. And that same day, Andrew Gibson merchant in Glasgow, John Balmeno there, John Maxwell of Gribton, and about twenty others, are deserted. And April 7th, Mr Andrew Hay of Craignethan, John Hamilton of Halcraig, Thomas Ker of Grange, and the laird of Mauldsley, are deserted. Upon the eighth and ninth, the process against i the earl of Loudon, and some others, comes in, which I leave to the next section. April 10th, James Howison, maltman in Lanark, is indicted for being at Bothwell. The witnesses prove he was in company with some of the west-country army with¬ out arms ; and the assize bring him in as guilty of being with the rebels, but with¬ out arms. The case was this ; he lived at Lanark, and when a party of the west- country army came there, he, as all who were in the place, was obliged either to re¬ tire or converse with them ; and this is all the witnesses prove. Yet the lords sentence him to be hanged at the Grass-market, November 12th, and forfeit his lands and goods to his majesty. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 6.5 April 16tli, the trial of that gallant and good man John Paton of Meadow-head, in the parish of Fenwick, comes on. He was commonly called captain Paton, and had some command at Both well, if not at Pentland also. “ April last, I find the council order a reward of twenty pounds sterling to cornet Lewis Lauder, for apprehending John Paton, a notorious rebel these eighteen years.” And it is probable he was taken some time this month, since ordinarily the trial of persons in his cir¬ cumstances was not long delayed. When before the justiciary he is indicted for being with the rebels, both at Glasgow and Bothwell, as a captain. The advocate ex superabundant passes his being at Pentland, and insists upon his being at Bothwell. The lords find the libel relevant ; and for probation he adduced his own confession before the council. “John Paton in Meadow-head, in Fenwick parish, confesses, he was taken lately in the parish of Mearns, in the house of Robert Flowie in Floak ; that he haunted ordinarily in the fields and muirs. Confesses, he was invited by the country people to go out in the year 1666, and commanded a party at Pentland. Con¬ fesses, he joined the rebels at Glasgow about eight days before the engagement, ,and was with them that morning before the engagement.” Refuses to sign. The as¬ size had no more to cognosce upon but his confession, and bring him in guilty, and the lords sentence him to be hanged at the Grass- market, Wednesday the 23d of April. By other papers I find he was charged, when before the council, with his being at Mauchlin-muir, and being a rebel since the year 1640, and a great opposer of Montrose. It is probable he was there, but there was no probation, and this was not insisted upon. He was interrogate, if he acknow¬ ledged authority ; he answered, he owned ill authority allowed by the word of God. But the precise point upon which he died, was his being at Bothwell. He tvas prevailed upon to supplicate the :ouncil, and there were several there who ncliued to favour him ; but he remarks in ns speech, that the prelates effectually itopped that. However, I find, April 17th, the council, upon his petition, continue his execu¬ tion to Wednesday the 30th instant. In v | ^ | the narrative they say, he is condemn¬ ed for his accession to Pentland, Bothwell, and other crimes. And the council records, April 30th, bear, “ John Patou in Meadow- head sentenced to die for rebellion, and thereafter remaining in mosses and muirs, to the high contempt of authority, for which he hath given all satisfaction that law requires, reprieved till Friday come se'night, and to have a room by himself, that he may prepare more conveniently for death.” This is so favourable a record for him, that I apprehend the bishops have not been present: and indeed it looks as if some favour had been designed ; but it took no effect, for Friday the 9th of May he was ex¬ ecuted, when he died most cheerfully, for¬ giving all his persecutors, instigators, re- proachers, soldiers, apprehenders, privy council and justiciary, in whatever they had done to him. But as to what they had done in despite to the image of God, and against his work, he declared it was not in his power to forgive, but heartily wished they might seek forgiveness of him who had it to give, and that they would do no more wickedness* Now executions turn pretty throng; and James Nisbet, in the parish of Loudon, was hanged at the Howgate-head near Glasgow, in June. I have seen nothing of his trial, and I take it to have been before the com¬ missioners for justiciary there. It hath been already observed, that this zealous good man was taken at the burial of John Richmond, and those who were executed with him in March. He was acquaint with most part, and had been intimate with some of them, and came into Glasgow to pay his last respects to them at their burial, and there being known, he was apprehended by lieutenant Nisbet a cousin german of his own ; so much does a bitter persecuting spirit break all the bonds of nature itself, and get over the nearest blood relations. He was straight carried to the guard, where * Captain Paton’ssword, and the Bible which he used when on the scaffold, are still preserved among the interesting relics at Locbgoin, the se¬ questered residence of the Howies, and the fa¬ vourite resort of the persecuted covenanters in the troublesome times of Charles II.— Ed, IV. i 66 the history of the sufferings [BOOK III. he was soon entangled with their 16S4 ° captious questions, the catechism of this period, and sent to prison. His sen¬ tence ran upon the common crimes, now made mortal sins, which I need scarce resume. He owned Drumclog and Bothwell lawful, in as far as they were acts of self- defence, and appearances for the gospel. He refused to renounce the covenants, and to own the king’s authority, as he expressed, in so far as he had made the work of refor¬ mation and covenants, treason. After he was condemned, he was offered his life, if he would acknowledge the king’s headship and supremacy over the church, w hich they well knew he would never do. He was hardly enough used, and so closely watched, as he could scarce get anv thing writ to his friends in prison ; yet he got a testimony writ, in which he complains he got only liberty to write incoherently. He begins with this expression. “ I am come here to lay down my life for the testimony of Jesus, for asserting him to be king and head of his own house, and for no matter of fact they have against me.” And it will be a lasting blot upon this time, that so many good men, against whom they had nothing but matter of sentiment and opinion, and who had never been in any rising against the govern¬ ment, were thus from time to time cut off. He died in much peace, and full assurance. And they saw good to execute him a little out of the town, and not at the cross, which very little diminished the confluence. To return again to Edinburgh : In May and June, I observe many have their diets deserted, because the lords find they have lain long in prison, and no probation offers against them. And July 3d, about thirty common people and tradesmen are deserted. And through several diets this month, near three hundred tradesmen and common people have their diets deserted. It would be endless to go through them all. And July 6th, the lairds of Kirkton, Newton, and Ochiltree, are continued till November. July 24th, Arthur Tacket in Hamilton, is condemned upon his former sentence. We heard of him before, and how hardly he escaped at Bothwell. He was a tailor in Hamilton, and taken as coming from a ser¬ mon, either that at Blackloch, or some other, at w hich Mr Renwick preached. By the council registers, July 1st, 1 find, “ Duke Hamilton informs the council, that Arthur Tacket, now a prisoner, is an heritor, and forfeited for the rebellion. The lords leave to the justices, to proceed against him accord¬ ing to their sentence of forfeiture.” And July 22d, Arthur Tacket confesseth before the council, that he w as in the rebellion at Bothwell, and lately with the rebels who were in arms in the shire of Lanark. The lords ordain him to be questioned by torture, to-morrow at nine of the clock, before the committee for public affairs. The occasion of this severity was, that the youth per¬ emptorily refused to tell who preached, and whom he had seen at the foresaid sermon. Torture, even for discovery of treason, is hard enough, hut torture for a bare discov¬ ery of a minister who preached, and such as heard at a field- conventicle, when the : first was death, was yet severer. When brought before the council, or their com- | mittee, in order to torture, the advocate de¬ clared to him, and offered to give it under the hands of all present, that if he would be ingenuous and free upon all that was to be asked, what he said should never militate against himself, or any other man. Arthur answered, he could not credit them, since they had broken their promises, oaths, and subscriptions to God and man, and he could not think they would press him so much to declare who preached, if they were to make no use of what he said, whereupon the hangman was commanded to open the boot, ! and he laid his leg in it. When he was going on, the surgeon present desired he might desist a little, and taking the advocate aside, told him, that Arthur was very young, and his leg so small, that a few strokes wrould crush it to pieces, and seeing they were determined to take his life, and it was probable nothing could be extorted, be moved they would forbear* Upon this the * “ When any are to be thrust in the boots, it is done in the presence of the council ; and upon that occasion almost all offer to run away. The sight is so dreadful, that without an order re¬ straining such members to stay, the board would be forsaken. But the Duke (of York) while h( had been in Scotland, was so far from withdraw¬ ing, that he looked on all the while with an un¬ moved indifference, and with an attention as ifj t he had been to look on some curious experi¬ ment.” Burnet, Vol. II. p. 996. 12mo. — Ed CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 67 advocate ordered the thumbkins to be brought, which he endured without making any discovery. The lords of the justiciary, upon the aforesaid day, find, “ that Arthur Tacket being upon the 21st of March, 1681, found guilty, by an assize, of being in the rebellion 1679, and adjudged to be demean¬ ed and executed as a traitor when apprehend¬ ed, he being now apprehended, the lords appoint him to be hanged at the Grass- market, Wednesday, July 30th, betwixt two and four in the afternoon.” He had been forfeited in absence, and now, though they had his confession, yet they only adhere to their former sentence. We heard he was at Both well, when he was scarce 17 years of age. Accordingly he was executed, and died most christianly, forgiving his enemies, and owning all magistrates, superior and in¬ ferior, in as far as they are conform to the word of God, the covenants, and are a ter¬ ror to them that do evil, and a praise to them that do well. I very much doubt if history can produce instances of so many prose¬ cuted to the death for such a rising as that at Bothwell, so long after, and in so vast numbers. Towards the end of this month, and the beginning of August, I find, at different diets of the justiciary, near two hundred de- 1 serted, mostly country people who had been put in the Porteous rolls for reset and con¬ verse. Probably the managers had the new circuits by this time in view, where many of them were again attacked. August 5th, I find three men before the 1 justiciary, other papers make it the 15th, but 1 have kept by the date of the registers, Thomas Harkness in Lockerbane, Andrew Clerk in Leadhills in Crawford, and Samuel M‘Ewen in Glencairn. There was one Thomas Wood in Kirkmichael, who was taken with them, but I do not find him in¬ dicted at this time. In December we shall meet with one of the same name, and, for what I know, the same person. I have a particular account of the circumstances of taking these four men, as follows. Some days after the rescue of the prisoners at En- terkin-path, which we shall meet with in the last section, C'laverhouse and a party of his men were searching the parishes about in great fury ; and in the parish of Closebum or Dalgerno, they came up- j ^ on these four men in the fields : some accounts before me, say, they were sleeping till awakened by the soldiers, and at the sight of them they offered to flee; whereupon the soldiers pursued, shot at them, and wound¬ ed them. The soldiers were extremely en¬ raged at this time, by the baffle given to the party at Enterkin-path ; and this is the only excuse can be given for the fury that now appeared in them, though indeed there was too much of this in their ordinary car¬ riage. All the houses near to the place where the men were found, were presently plundered, the party presuming, what they were willing to have, that the neighbour¬ hood was guilty of resetting them, and few houses escaped an hundred merks, or an hundred pounds, loss. Great were the se¬ verities used upon the prisoners ; they had been wounded when taken, and the soldiers would not suffer their wounds to be wash¬ ed nor linens to be applied to them. A poor woman, who came and offered some help to them in dressing their wounds, was seized and carried prisoner a part of the way. They were brought first to Lanark, and then to Edinburgh. Upon the road they came to a narrow pass, where Claver- house expected to be attacked, and he gave orders to the soldiers, as soon as any man appeared, to kill the prisoners, though they had confessed nothing, and nothing was proven against them. When brought be¬ fore the council, three of the soldiers de¬ poned, that these men were at Enterkin- path; and as some of their papers before me bear, that the prisoners there received the wounds they at present had : the men constantly asserted they were not at En- terkin. Thomas Wood was reserved till afterwards, and the rest that same day were remitted to the justiciary, and condemned and executed that very day, such a rage were the persecutors in. I come now to their process, as it stands in the criminal books. Thomas Harkness and the other two, were indicted of high treason, “in as far as in this month of Au¬ gust they had engaged with a party of the king’s soldiers; that they did not own the king’s authority, or denied it; that they re¬ fused to call Bothwell rebellion ; that they 68 THE HISTORY OF THE SUFFERINGS [BOOK III. ^ had conversed with persons put to the horn, and that they had conversed one of them with another being rebels.” Three soldiers depone they snapped guns at them. This is all the probation I observe ad¬ duced. Throughout this process there are plain evidences of haste and thirst after blood. “ The assize find them guilty of being in arms, and that one of them presented a gun to the king’s forces, that they had ball upon them, that they had conversed with rebels, denied authority, and fled from his majesty’s for¬ ces.” Whereupon they are sentenced to be hanged at the Grass-market. They were brought into Edinburgh, about one of the clock, and that same day they are sentenced, and executed about five of the clock. Those plain honest country people, so quickly hurried into eternity, drew up a joint paper, and left behind them; which breathes so much plain honest simplicity, and is so short and serious, that the reader will be pleased to have a copy of it here. It runs not in the strain of those contained in the Cloud of Witnesses, and therefore is omitted by them ; but in my opinion it deserves a room here. The joint testimony of Thomas Harkness, Andrew Clerk, and Samuel M‘Ewen, from the Tolbooth of Edinburgh, August 5th. “ Dear friends and relations whatsomever, we think it fit to acquaint you, that we bless the Lord, that ever we were ordained to give such a public testimony, who are so great sinners. Blessed be he that ever we were born to bear witness for him ; and blessed be the Lord Jesus Christ, that or¬ dained the gospel and the truths of it, which he sealed with his own blood, and many a worthy Christian gone before us hath sealed them. We were questioned for not owning the king's authority. We answered, that we owned all authority that is allowed by the written word of God, seal¬ ed by Christ’s blood. Now, our dear friends, we entreat you to stand to the truth, and especially all ye that are our own relations, and all that love and wait for the coming of Christ. He will come, and not tarry, and reward every one ac¬ cording to their deeds in the body. We bless the Lord we are not a whit dis¬ couraged, but content to lay down our life with cheerfulness, and boldness, and courage ; and if we had a hundred lives, | we would willingly quit with them all for the truth of Christ. Good news ! Christ is no worse than he promised. Now we take our leave of all friends and acquain¬ tances, and declare we are heartily content with our lot, and that he hath brought us hither to witness for him and his truth. We leave our testimony against popery, and all other false doctrine, that is not according to the scriptures of the Old and New Testaments, which is the only word of God. Dear friends, be valiant for God, for he is as good as his promise. Him that overcometh he will make a pillar in his temple. Our time is short, and we have little to spare, having got our sentence at one of the clock this afternoon, and are to die at five this day. And so we will say no more, but farewell all friends and re¬ lations, and welcome heaven and Christ, and the cross for Christ’s sake. “Thomas Harkness, Andrew Clerk, Samuel M‘Ewen.” If the reader take as much pleasure in reading this plain and natural testimony, 1 as I have done in transcribing it, he will not £Tudark near Glasgow, the pannel asked them where bey had been ; and when they had told him hat they came from the Westland army, he said, hat he had seen more going to them than com- ng from them. And having asked them if they vere to return ; they told him, they knew not. ^'hereupon he treasonably, contrary to his al- egiance and duty, said, that he liked not run¬ ways, and that they should get help if they vould bide by it, and bade them take courage, rsome such like words to that purpose. Where- hrough the said Sir Hugh Campbell is guilty f intercommuning with notour rebels, they laving told him that they had come from the V estland army at Tolcross-park ; and the said annel’s not apprehending of the said rebels, and iving intimation to the next magistrate. And Iso he was guilty and culpable of giving a trea- onable counsel and advice, to go back and re¬ urn to the rebellious army, and also encourag- : *'e passes from the second and last indictments, pro loco et tem¬ pore. The part of the libel he and Sir to extend rather than straiten the same by then- decision and interpretation thereof. 2 do. It is the public, interest of the king and nation, that such public indemnity should take full effect, seeing the same bears to be made for removing all fears and jealousies of the people, which do expose them to commit new crimes, and the least violating of, or impinging upon the very borders of such indemnities, doth again open a way for new fears and jealousies, no man know¬ ing but what is another man’s case this day, may be his to-morrow; and the interpretation of such indemnities being drawn from grounds of law, the. people cannot know how far they may be overtaken thereby, and therefore may return to their former apprehensions ; the consequences whereof may come to be very dangerous for the peace and quiet of the kingdom. And it has been the prudence and policy of this and all other nations, that when crimes did abound and spread as a contagion, indemnities were granted in ample terms, and most punctually observed. 3 tio. All pardons and graces of their own na¬ ture are favourable, and are to be extended, and crowns are preserved by mercy as well as justice ; for, as Solomon says, lJrov. xx. 28, “ Mercy and truth preserve the king, and his throne is upholden by mercy.” And it is the duty of the judges, inviolably to preserve in the minds of his people, a sense of his majesty’s goodness, in securing to them these universal and public par¬ dons, for nulla dote, nullo genere virtulis mortali- tas propius accedit ad divince natures similitudinem, quam miserendo humance imbecillitati, ignoscendo erroribus, et injurian obliviscendo. And there was never any king in the world, that has given greater demonstrations of private bounty and clemency to his subjects, than his sacred majesty, and therefore the indemnity being suited to his majesty’s own regal temper and disposition, it ought nottosbe straitened, but rather enlarged, if need were, by a rational interpretation. 4 to. His majesty hath delared his enixa voluntas , that the foresaid indemnity should be interpreted with all possible latitude and favour, and hath commanded his judges to do the same upon no less certification than the highest peril, which demonstrates, how serious his majesty hath been that all the imperfections of his subjects should be covered, and that nothing might remain which might give them the least jealousy in time coming. 5 to. By the 18th act, 7th pari. K. Jam. I. it is expressly ordained, that no man interpret the king’s statutes otherwise than the statutes bear, and to theintentand effect they were made for, and as the maker of them understood, and whoso does in the contrary, to be punished at the king’s will. And this act of indemnity being one of his majesty’s statutes and procla¬ mations, wherein the peace and security of the kingdom is highly- concerned, the sense and ex¬ tent thereof ought not to be wrested and invert¬ ed contrary to his majesty’s meaning and the propriety of the words ; and his majesty having expressly indemnified all treasonable speeches and advices contrary to the laws, under which general, the words mentioned in the indictment are genuinely and naturally comprehended ; for it is evident, that the general notion of treason¬ able discourse doth comprehend the same. George Lockhart insisted upon was, “ that the said Campbell meeting with the wit¬ nesses coming from the rebellion, inquired j King's Advocate's Answers. His majesty’s advocate craves leave to declare, that he is very much astonished to hear, that, by our law, it is not treason to hound out men to rebellion, and therefore, to shorten the de¬ bate, resolves only to take notice of these four points. 1 mo. That the words spoken are trea¬ son. 2 do. That the conversing in these terms, is an intercommuning with notour and open traitors, whom he knew to be such from the persons themselves. 3tio. That these words are relevantly libelled, quoad time and place, and there is no place for alibi here. 4 to. That the words and converse being treasonable, are not taken off by the act of indemnity. As to the first, it is undeniable, that, to advise people to rebellion, is, by the law of all nations, rebellion, though the advice consisted only in words, as all advices generally do; and though there be no particular act of parliament, de¬ claring the advising to rise in rebellion to be treason, yet all acts of parliament, that declare any crime to be punishable, but much more punishable by treason, do, by an infallible and necessary consequence, declare the advising that crime, or that species of treason, to be pun¬ ishable as the crime itself, and a special law were needless ; and with us particularly-, art and part of treason is treason by statute, and to counsel and advise, is the highest qualification of art and part, because it gives life, and courage, and being to the crime : nor can it be denied, that if the doctrine of the defence were sustained, any man might at present go up and down the whole west, and invite and hound out to a rebellion, and who can doubt but he would be highly guilty of the rebellion, who did thus raise a re¬ bellion ? and advice certainly is far more danger¬ ous than action, and so should be more punish¬ able. Nor can it be denied, but if their words be true, Cesnock, the panne], did more contri¬ bute to the rebellion, than these pitiful creatures he advised; his prudence, influence, and interest being extraordinarily greater than their actions could have been. Likeas it is as undeniable, that, by the Roman law, advice to commit lese- majesty-, were lese-majesty, cvjus opera, consilio, et L. 1. sect. 1. d. L. Jut. Majest. and the seventh law cited does expressly- answer itself, making words to be punished for treason, si tale sit delictum quod ex scnptura legis descendit, as with us art and part, or where it is ad exemplum legis vindicandum, the words being of great conse¬ quence, and of extraordinary evil example. And albeit, by that law, light and unadvised words, proceeding from petulance and extravagance, which are the very words of these laws, were ordinarily covered, by- the emperors, with con¬ tempt, pity, or pardon ; y-et ubi locus Venice, ibi semper subest crimen, else there needed no venia but in this nation ; and in this case there is rio place for this debate, for the speaker, and the advice, and the design, and every circumstance show that these words are malicious, and ad¬ vised words ; for what could be more advised, than seriously to give advice to poor people whom he knew he could influence in many repeated expressions, all tending to the same end, incul- catione et geminatione verborum ? and what could be more malicious than to upbraid them for CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 79 whence, and being answered, from the west- land army, desired them to return, for they would not want assistance, adding, he did leaving a rebellion, with the hateful name of runaways ; and not only advise them to return to an open and most flagitious rebellion, but to encourage them thereto, by promising them help, or assistance, or officers, which show a rooted and malicious design to have that rebel¬ lion prosper? Nor are the words such mys¬ terious expressions, as that every country fellow could not but necessarily understand, being fit¬ ted designedly for their capacity ; nor could they forget them as loose and scattered words, being a sage, a designed advice from a man, whose parts, piety, and interest they admired. And what man alive could be such a brute as to for¬ get the most remarkable thing they ever heard, upon the most remarkable occasion, and upon a point wherein they were so much concerned, and which they could not but lay deeply to heart, and think often upon, because it concerned them all together? and so they would remember one another, and because it was to be the foundation of the greatest resolution that ever they could be concerned in. As to the generality, objected against, of some such words, his majesty’s advo¬ cate craves leave to say, that an advice was never in more explicit and specific terms libelled; and in whatever terms an advice be given, it is still an advice to rebel, and so art and part of rebel¬ lion ; nor seeks he any latitude in his libelling the words, further than that he said, they should have officers, or help, or some expression of help ; audit cannot be denied, but if one man should say, they would get help, or another that they should be helped, yet all these are the same ex¬ pressions and the same advice, and the words are the more to be believed, that they are not ex¬ pressly the same, being to the same purpose, and as to this he oppones his libel. And as to the second point, it is undeniable, that this is not au accidental meeting with re¬ bels, but it is an intercommuning with them up¬ on the rebellion, and upon encouragements thereto, and though they were not denounced, yet he knew them more to be rebels, than he could have known them by their denunciation ; for they themselves told him they had come from the rebellion and they were only going home to seek clean clothes, which was an acknowledg¬ ment that they were yet in the rebellion, and a part thereof; and this is far stronger than Monkland’s case, and many others, who have been condemned for going to seek their bairns, or their horses ; nor do the acts of parliament requiring denunciation militate in this case, since denunciation is but a legal, and supposed, where¬ as this is a certain and proper knowledge. To the third it is urged, that it is an uncontro¬ verted principle in our law, that no defence con¬ trary to the libel can be admitted, for that were to admit a formal probation, that the king and the pursuer’s witnesses are still perjured, it being undeniable, that if the king’s witnesses prove that Cesnock was in such a place at such a time, spoke such words to such men ; but if Cesnock’s witnesses prove that Cesnock was not there, cer¬ tainly either of the two witnesses must be guilty of perjury, the fact being clearly libelled to have been expressly done, aud therefore our law has justly abhorred, as well as rejected such defeuces not like runaways.” The lords de¬ bated long1 among themselves as to the relevancy, replies and duplies, and at as are contrary to the libel ; and as, amongst many other instances, was expressly so decided in the case of Mr William Somerwell, and in the case of M‘Leod, and M‘Niel of Bara, in which case alibi of five miles’ distance was repelled : and albeit alibi may be sometimes admitted, where it is consistent with the libel, as where the deed is not very specificly libelled ; yet in this case, where the fact is specificly and clearly libelled to have been expressly done, and that the wit¬ nesses knew the pannels, and that there is no impossibility in the thing: as for instance, if Cesnock should have proven himself to have been for six months both by sea, and after, at London or Paris, and should have proven this by wit¬ nesses, beyond all exception, the justices might, eo casu, possibly prefer him to the probation of his alibi, because of the inconsistency and im¬ possibility of the thing; yet it were most ab¬ surd, and of very irreparable consequence, to admit Cesnock to prove an alibi of half a mile, and by his own friends, tenants and servants, for he might, in few minutes, have gone to that town without observation ; and is it not much more equitable, as well as legal, to believe three witnesses, who must be eternally damned for no advantage, and living in a country to which it will be impossible to return, if the thing be false, than the laird’s own tenants and servants, who besides the general kindness, are of one sect, that think there is no sin to bring off their own friends, as is to be seen in very palpable instances? And by the nature of our assizes of error, it is clear, that our law believes, that men are much more inclined to assoilie than to condemn ; nor shall ever the king prove the treason, or any clanned man may be proved criminal, if this kind of alibi be sustained, and for this cause no evidences are received and sworn against the king in England. As to the act of indemnity, the act itself is op- poned, wherein the whole scope will show, that there is no design to secure by it fanatic heri¬ tors and ministers, but only the poor and de¬ luded multitude ; and therefore his majesty does expressly except, not only the heritors and min¬ isters who have been in the rebellion : But 2 do. Such as were contrivers of it. And 3 tio. Such heritors as contributed thereto by men or money; and what is a more clear and express contribut¬ ing to a rebellion by men, than to advise men to go to it, aud to encourage them to go to it, and to promise them assistance? And the laird of Cesnock’s countenance and well-wishing to that cause, could have actually contributed more than a little heritor sending out one or two men, and yet that little heritor would have been guilty, though contributing far less. As also, according to this his promise and encouragement, thepan- nel did send, or at least connive at a great many of his tenants and servants going to the rebellion, and, as a sign of his affection, did suffer them peaceably to live upon his ground, after their return from the rebellion : Nor is his majesty’s advocate resolved to debate this reset, as he might, to be, per se, the crime of treason and re¬ bellion, being resolved here only for to use it as an high aggravation and qualification of his having contributed toward the success and en- 80 THE HISTORY OF THE SUFFERINGS [BOOK III. , length came to give this interlocutor. “The lord justice-general, justice- clerk, and other commissioners of the jus¬ encouragement of that rebellion; for though a nobleman or gentleman, who lived in a coun¬ try distant from his tenants, or being amongst them, meddled a little with them, might pre¬ tend some favourable construction for his ignor¬ ance, oversight, or connivance, yet Cesnock having promised encouragement, and being himself, and for many years, founded upon the principles of self-defence, whereupon Both well- bridge was built, and having gone alongst, in the last age, in far more open and dangerous opposi¬ tion to the king’s authority than Both well-bridge was, and having very many tenants amongst whom he conversed every day, being a diligent and knowing mau, it is impossible for any man of common sense to understand how any man of his intelligence and sense could not have been most watchful over them, and not suspect, hav¬ ing so much interest in these tenants and ser¬ vants, whom even silly and remote strangers knew to have been in the rebellion, especially seeing so notorious a man as Mr Brown, who, though he was not his servant, yet frequented his house, and wherever he lived, Cesnock could not but hear that he was in the rebellion, being the ken-speckled man in it, and his own porter, be¬ ing born within a mile of his house, in his own land, and notoriously known by all his own ser¬ vants, to have been in the rebellion, he having owned universally, without reserve or secrecv, to the whole servants, that he was in the rebel¬ lion; and yet, after he had kept him as long as he could agree with the young lady, he sent him away with a certificate and recommendation. All which being joined, does clear that he was one of these ringleading contriving heritors, who is excepted by the act of indemnity, especially seeing writing and speaking is not at all relative to rebellion, but to misrepresenting judicatories, &c. 1 he citations adduced by the pannel’s pro¬ curators are not answered, because his majesty’s advocate thinks them only places common, and ill applied. The lords continue this criminal action and cause, and all further trial therein, till to-morrow, and ordain the pannel to be car¬ ried back to prison, under the pain of four hun¬ dred inerks, the witnesses and assizers to attend. § Cesnock' s lawyers' duplies. Mr Walter Pringle, for the pannel, as to the defence founded upon the defender’s alibi, when the pretended expressions were alleged to have been spoken, duplies, that the said defence is most relevant, and is no ways elided by the re¬ plies ; for albeit the defence is a negation of the libel yet is not pura negatio, but is negativa, coerci- tata loco et tempore, qua maxime cadit sub sensu testis, and such negatives are perpetually sustain¬ ed in all criminal actions, ad probandam inno- centiam rei, according to the unanimous opinion of all lawyers who write upon the subject of crimes; and the defence that Cesnock was at home in his own house all that day, that the per¬ sons mentioned in the libel came to Galston, is so sircumstantiate and circumscribed by time and place, as that it is naturally impossible he could have met with them at Galston-bridge that same day, except the absurd of bilocatio cor- porum were allowed. And whereas it is pre¬ ticiary, find that article, as it is libelled in the last indictment, ‘ that the pannel having met with the persons mentioned coming from tended, that the defence is never sustained, but where the distance of the place is such, as that it was impossible the party could be present: It is duplied, that this pretence is most irrele¬ vant; for albeit the distance of alibi, were but half a mile, or only distinct rooms in the same house, yet it is as really alibi, as if the distance were an hundred miles ; so that whatever be the dis¬ tance, if it be cleaidy proved for the pannel, by famous witnesses, that he was all that day in his own house, it is as naturally impossible he could have been at Galston-bridge, as if he had been all that week at Paris. And it cannot be con¬ troverted, but if a murder were committed in the next room, and that a person in another room of the same house should be accused for it, the defence of alibi would be sustained, if he could prove by witnesses, that be went not out of his own room all that day when the murder was committed, the witnesses being present with him all that time ; and as this defence is unques¬ tionably relevant, so it cannot be presumed but to be most true, it being well known that Ces- nock is a most circumspect person, and hath constantly, upon all occasions, declared his ab¬ horrence of all rebellious courses, and hath al¬ ways, at the bar, declared before Almighty God, upon his solemn oath, that he never spoke these words, nor any treasonable words to that pur- ! pose, directly or indirectly, to these nor any other persons; and if he were of such wicked principles, it is not rational to imagine, that he would disown them upon so solemn and sacred an oath, but that he would rather satisfy him¬ self with a bare denial ; especially when he knows his oath cannot absolve him, and consequently there was never greater reason, in any case, for sustaining the defence of alibi, than in this case; and his majesty’s advocate ought to condescend upon the precise day that the alleged words were spoken, all lawyers being positive, and particu¬ larly Carps. Par. 3. Quest. 103. Num. 35. that when the defence of alibi is proponed, the express day, when the crime was committed, must be expressed; and he asserts this as the common opinion, a qua nequaquam est recedendum, and cites many of the famous lawyers, as Bassius, Clarus, Jason, and Mascardus. As to the replies against the defence founded upon the act of indemnity, it is duplied, that the defence is unanswerably clear : for 1 mo, it cannot be controverted, but that the pretended expressions, mentioned in the libel, are com¬ prehended in clear and express terms, under the general clause of the act of indemnity, whereby, 1 in express words, all persons are indemnified, who have spoken, written, printed, published, and dispersed any traitorous speeches, or have advised any thing contrary to the laws ; which clause is so clear and comprehensive, that it is impossible to suppose any case where treason had been committed, either by transient speeches, or even by a tract of discourse, or by treasonable counsel or advice, but the same will fall under the said general clause, and be thereby indem¬ nified. 2 do. The exception, in the said act of indemnity, of all such heritors or ministers, who have been in the late rebellion, or were con¬ trivers thereof, and, such heritors as have con- CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 81 the rebels in arms, June 1679, and having ashed them where they had been, and when they had told him they had come tributed thereto any levies of men or money, can never be stretched to deprive Cesnockof the benefit of the indemnity ; because, albeit the expressions libelled were true, as they are not, it is impossible that they can ever infer the several cases whereupon the exception is founded ; for it is neither libelled, nor can it be pretended, that Cesnock was actually in the late rebellion, nor yet that he contributed thereto by the levies of men or money, but on the contrary he con¬ curred, to the utmost of his power, to suppress the same, and did always declare his abhorrence thereof, and kept his horses and arms from being taken by the rebels. And as to the other case of the exception, whereby contrivers are excepted, it is not possible, with any propriety of words, to infer from the expressions in the libel, that Cesnock was a contriver of the rebellion, because the true and proper sense and meaning of contrivers, is only where a person hath consulted and combined with the ring¬ leaders to raise the rebellion, and hath laid down methods for that effect, which cannot in the least be inferred from the words of the libel, seeing the rebellion was contrived, formed, and had proceeded to a great height, before the pre¬ tended expressions were emitted ; and therefore, by a necessary and clear consequence, can never be understood to have been contrived by these pretended subsequent expressions, which could never be the cause or occasion of that which had formerly taken effect, and had been so far consulted and contrived, as to break out to an open rebellion before the pretended expressions. 3 tio. What is understood by contrivers, is clearly explained in the subsequent words of the exception, vis. such heritors are only to be understood who have contributed by levies of men or money ; which words are not insert alternative, but copulative, and as an explanation of the word contriver. 4 to. If reasonable ex¬ pressions relating to the late rebellion be so interpret, as to infer a contrivance thereof, then the benefit of the indemnity, as to all heritors and ministers, will be frustrated in every case, just as if the exception had been absolute and .simple, without any qualifications: for it is certain, that in all house and field-conventicles, the ministers did not only preach in downright terms, and maintained and defended the horrid principles of rebellion against his sacred majesty and his government, but also, in direct terms, encouraged and incited the people to rise in open arms, and the rebellion did immediately follow : and yet the lords of justiciary have never denied the benefit of the indemnity to any such ministers or heritors present at such conventicles ; so that it appears evidently that treasonable preachings and discourses, albeit previous to the rebellion, never have been inter¬ pret to infer the contrivance mentioned in the exceptions, and far less can the same be inferred from treasonable expressions, emitted after the contriving and actual raising of the rebellion. And it such expressions should be stretched to infer a contrivance, it is impossible to suppose a case where an heritor or minister is guilty of traitorous speeches relating to the late rebellion, but he may still be brought under the compass IV. from the westland army, he said he had seen more going to them than coming from them, and he having asked of that exception, and be debarred from the benefit of the indemnity, because it may be always pretended, that such expressions and treasonable speeches, if previous to the rebellion, did encourage the people to rise in arms, and if subsequent to the rebellion, that they encouraged the people to continue, and infer a ratihabition ; so that, by these pretences, the exception is as large as the rule, and the indemnity will prove a snare to all heritors and ministers who had just reason, by the general clause of the indem¬ nity, and the express words, to look upon them¬ selves as thereby secured from the guilt of all treasonable speeches, spoken, written, printed, published, or , and of all counsel and advice contrary to the laws, unless a clear con¬ trivance of the rebellion by contriving with the ringleaders in raising thereof, and contributing thereto by levies of men or money, were made out against them, which is not, nor cannot be pretended against the pannel. hto. As by the common laws of all nations, all indemnities and acts of oblivion must be favourable, and largely interpret and extended, and not merely limited in prejudice of the persons who claim the benefit thereof, so, by the indemnity itself, all his sacred majesty’s judges are expressly com¬ manded to interpret the same with all possible latitude and favour, as they will be answerable upon their highest peril ; and such clauses are usual in all his majesty’s indemnities and acts of oblivion, as may appear by the indemnity after his majesty’s restoration ; whereby it is expressly ordained, that every clause and word thereof be understood in the most favourable sense the expression can bear ; and consequently the pannel may justly expect, that the lords of justiciary will allow him the benefit of his majesty’s gracious pardon, will not suffer the general word in the exception of contrivers, to be inferred from the pretended expressions men¬ tioned in the libel, upon nice and empty debates and stretches, contrary to the true meaning, import, and design of the said indemnity. 6to. Whereas it is pretended, that the exception does comprehend all heritors who have been actually in the rebellion, so it may comprehend all such heritors who are not art and part of the rebellion, or are accessory thereto. It is answered, that the allegance ought to be repelled, because the exception can only be understood according to the express terms and qualifications thereof, viz. that such heritors are only debarred who have been in the late rebellion, or were contrivers thereof by contributing thereto, of levying of men or money, and art and part, or any accession to the rebellion, otherwise than according to these express qualifications, can never be under¬ stood to have been intended or meaned by the exception ; for then the exception had run in these express terms, viz. that all heritors or ministers should be excepted who were in the late rebellion, or art and part thereof, or ac¬ cessory thereto ; and the exception not being so conceived, it ought not to be extended beyond the precise qualifications of accession therein ex¬ pressed, especially seeing hissacred majesty com¬ mands all his judges to expone this indemnity with all possible latitude and favour, as they L THE HISTORY OF THE SUFFERINGS [BOOK nr. 82 them if they were to return, and " they answered they knew not, said to them, he liked not runaways, and that will be answerable upon their highest peril : and to stretch and extend the exception to all the various cases of accession, or art and part, would be so far from interpreting the same with latitude and favour, that, upon the con¬ trary, the interpretation would be rather rigor¬ ous and without any favour, and the exception would be as large as the rule, so that the indem¬ nity should import nothing as to heritors in the case of treasonable speeches, albeit all persons, without any distinction, are indemnified for speaking, writing, printing, publishing, or dis¬ persing any traitorous speeches, and even for giving counsel and advice in any thing contrary to the laws, which were to frustrate one of the greatest ends of the indemnity. As to the additional libel, it is further alleged, that the same cannot be sustained, either simple or as au aggravation, because there is neither I year, month, nor day condescended upon, in which the crimes libelled are alleged to have been committed, and the year, and month, and day are essential in all criminal libels. Sir John Lauder for the pannel replies fur¬ ther, that the defences stand relevant, notwith¬ standing of his majesty’s advocate’s answer. And quoad the first, that the words alleged ut¬ tered by the pannel, are not naked treasonable expressions, but are art and part of treason, and must be presumed to have been malicious and advised speeches. For 1 mo. this were to confound the limits of two distinct species of the crime of perduellion, words having for their form and essence nudam verborum smissionem, which are liable to mistake, especially by persons of no breeding or quality, who can give no re¬ miniscence after five years’ time, unless they had taken notice of it instantly, and redacted it unto writing ; and lawyers make a very great differ¬ ence between words, that of their own nature tend to the commission of a crime, and such as non causam, sed occasionem tanlum preebent de- \ linquendi, of which Anton. Mattb. upon his title de Icesa Maj. pag. 324, gives a very remark¬ able instance out of Farmacius, of a choleric captain in the march of the army ; because their pay was not punctually paid, he broke forth into this seditious expression, “ It is a wonder that the soldiers mutiny not ;” which being handed down amongst the companies, a sedition imme¬ diately arises in the camp ; and yet the lawyers determine, that he is not perduellionis reus, quia non tain causam, quam occasionem seditioni dedisse judicandus est. As to that part of his majesty’s advocate’s an¬ swer on the 126th act, 12 pari, king James VI. that he needs not in this case say, that the par¬ ties with whom Cesnock is alleged to have had the conference, were denounced rebels at the head burgh of the shire where they dwell, be¬ cause he had a more certain ground of knowledge out of their own mouth, than any such denun¬ ciation could have given him. It is duplied, that their saying they came from Tolcross-park, could not put him in mala fide to look upon them as rebels, because they might have been there by restraint, or other excusable occasion, or might have come away in obedience to his majesty’s proclamation, commanding all these they should get help if they bide by it ; or words to that purpose, as they are declared by his majesty’s advocate, viz. that they rebels to lay down their arms. 2 do. Where the law has fixed upon a solemnity, such as denun¬ ciation at the market-cross, and private know¬ ledge does not supply the want thereof, as we see in the case of intimations, of assignations, and many others, seeing id tantum scimus quod de jure scimus. As to the third allegance made against the de¬ fence of alibi, that it is contrary to the libel, and that the defence condescended upon, is so incon¬ siderable, that it does not elide the libel, it is answered, that in many cases defences contrary to the libel, are both admitted and sustained. As for instance, where one is pursued super homicidio prcemeditalo, and he founds his defence upon the late act of parliament 1661, anent casual j homicide and slaughter in self-defence, yet that I by all the laws in the Christian world is allowed I to be received. 2 do. There is a propositio cclemcr. veritatis, that Cesnock wasinhisown houseallthat day, wherein Crawford and Ingram passed by the bridge of Galston, and which consequence is so deeply rooted in nature, that no rhetoric or conviction can persuade us of the contrary : and this demonstration is confirmed by no less tes¬ timony than that of an angel, who tells the dis¬ ciples that Christ was risen, ergo, he was not in the grave, and yet he was at no great distance; and in these cases, innjus ct minus non variant specie, and it is as infallibly true, that Cesnock, if he was all that day in his own house, was not at Galston no more than he was at Paris. It is further added and argued in behalf of what is already alleged in the act of indemnity, that such acts by the inviolable laws of all na¬ tions, have been esteemed sacred and inviolable, non movenda, non tangenda, without a curse, and the loosing or questioning such securities gives a fatal blow; as if Caligula had got his wi3?i, of whom Suetonius in ejus vita, tells, that he wish¬ ed the whole people of Rome had but one head i and one neck, that with one stroke he might strike it off : and many thousands of his majes¬ ty’s loyal deserving subjects, both in southern and western shires, would be in that case, if this act shall not be found to defend ; and it were a strange analogy of the law, that the rebellious and seditious field-preachings of these dema¬ gogues, shall be comprehended within this act, and a few transient, putup, and incoherent words alleged against the pannel, shall not be indemni¬ fied. As for example, it was reported, that from the 22 of Joshua, verse 22, ‘the God of gods knows, and Israel shall know, that if we be in rebellion this day, God will not save us.’ These firebrands did assure the people, that every hair of their head should be a man, the grass of the field should fight for them, and that they behov¬ ed to come forth and help the Lord against their mighty oppressors; and yet these, which can admit of no probation, are certainly pardoned. And whereas it is pretended, that Cesnock falls within the compass of the exception, as a con¬ triver and contributor of levying of men or money. It is answered, that the words, except they be tortured, can admit of no such sense, et propria verborum significations standum est, nisi inde absurdus resultet sensus ; and there is much more reason here, where the indemnifying part CHAP. VIII.] OF THE CHURCH OF SCOTLAMD. 83 should have officers and help, or some ex- j pressions of help, relevant to infer the pain of treason ; and repel the defence founded is ordained to be explained with all favour. Ergo , a contrario sensu, the exceptions diminish and lessen this indemnity, ought to be takeu in the strict and precise signification, without ex¬ tension or amplification ; audit is known, with¬ out consulting critics, that contriving imports an antecedent accession, which could not take place here, it being acknowledged by the libel, that the rebellion was formed in being before this accidental rencounter, so that he is certainly ■within the terms of his majesty’s indemnity, and craves his majesty’s advocate’s concourse for maintenance thereof. |1 Sir George Lockhart's Triplies to Cesnock’s Advo¬ cates. Sir George Lockhart for the pursuer, does insist upon that point of the libel, that the pannel did intercommune and converse with the persons condescended upon and libelled, who had been, and still were to be considered as in the state of rebellion. And as to the objection, that they ■were not denounced at the market-cross of the bead burgh of the shire of the same, is most ir¬ relevant, because, albeit after a rebellion is sopite and extinguished, and that persons who had been engaged in the same, did publicly converse, and go up and down, the act of parliament mention¬ ed in the defence, may take place by denunciation at the market-cross, to proceed to put persons in mala fide; yet it is absurd and contrary to all law and reason, that the said act of parliamentre- quires any such solemnity, as to persons engaged in an actual state of rebellion, it being strange to suppose or imagine, that his majesty’s subjects might converse with rebels actually engaged in arms, or that it were a possible case to use the solemnities of denunciations at a market-cross, against a concourse and combination of execra¬ ble rebels, before they were dissipated, or the re- 1 bellion extinguished. 2 do. The pursuer does also insist upon the libel, as founded upon the words and expressions con¬ descended upon, as being treasonable in the high¬ est degree, and a downright accession to the rebellion, it being certain by the common prin- ; ciples of all law, that mandans vel consulens delictum, tenetur ad peenam ordinariam delicti, as being the spring, rise, and source of the same ; and the words libelled, do directly import a 1 counsel and advice to the persons condescended upon, to return to the rebels, and the reasons and motives condescended upon, that they would not want help or officers, were equally treason. And as to the objection made, that it was nudum con¬ silium, and there was no instruction, and albeit the words should import the crime of treason, yet not an accession to the rebellion, it is an¬ swered : the words and expressions libelled, are a clear, evident and plain advice, that are not capable of any benign sense or interpretation : and the pursuers do not understand what is meant by instruction ; for there was no necessity to condescend upon the particular way and me¬ thod, bow they were to return and serve in the rebellion : but the words contain more than the law requires; for they not only contain a coun¬ sel and advice, but condescend upon motives and reasons, which are the highest and most rational upon the indemnity, and the defence of alibi as propounded, and all other 1 defences.” They find the libel relevant, instruction for enforcing of counsel, not only from the authority and influence of the person giver, in expressing his dislike with their coming from the rebels, but also containing a motive and reason of their encouragement, that they would not want help, or be supplied with officers. And as to the pretence that the words are trea¬ sonable, yet they import no accession to the re¬ bellion, it is answered, that all counsels and advices import and assume the nature of that crime to which the counsel and advice is given. As for example, a counsel and advice to commit murder, is an accession to murder, and just so in the crime of theft, and all other crimes, and a counsel and advice to join with, or return to rebels, is directly an accession to the rebellion, the action itself, and the counsel to which it re¬ lates, being in all cases one and the same crime. And as to that objection against the relevancy of the libel, that the words condescended upon bear that expression, or such like, and that non licet vagari in criminalibus, it is answered : the ob¬ jection is frivolous, and the libel being special as to the words, there is no generality or uncertain¬ ty as to that clause, or such like, because it can¬ not admit of any variation which is material, or can alter the sense or import of the words libel¬ led ; and whatever defences can be competent to the pannel for taking oft' the words libelled, will no less militate against any words or expressions which are equivalent ; and it is a rare conceit to imagine, that if the witnesses to be adduced to prove the libel, should vary in expressions not material, that therefore the libel were not rele¬ vant, or were not proven. As to that allegance, that the pannel was alibi, and was in his own house at Cesnock at the time, when the witnesses can be able to prove the words libelled, and that the pursuer ought to con¬ descend upon the day, to the effect the defence of alibi may be competent, it is answered, Into, that this objection is contrary to law, and there cannot be a more dangerous preparative to his majesty’s iuterest, and whereupon the greatest of criminals and malefactors might escape : for Into, both the common law, and the laws of this kingdom, and the inviolable practick of the court in criminal libels, there needs no more conde¬ scendence than the year and month, and as to which the law is clear and positive, in that title where the same is ex professo under consideration, viz. D igest. de accus. et inscript. leg. 3. where the words are, libellorum inscriptionis conceptio talis esc. Lucius prufessus esl se mernini.se, leg.jul. de adult, ream ilej’erriquod dicat earn cum Gavio Sevio in civitate ilia, domo illiiis, mease ilia, consulibus illis, $c. and again, neque autem diem neque horam invitus comprehendit. 2do. It is the common opinion of all lawyers, particularly Gomes, in that title qualiter formelur accusatio , where lie states the question, and does positively resolve in these words. Si vero factum aut delic¬ tum Omni tempore est p unibile dies et horn commissi crimiais non dcbet void nec inseri inlibel- lo, nec probare, quia per hoc nimis coarclaretur accusator, el lenderet in grave damnum reipublicoe. And again he says in the same place in express words, imo quod accusator, eiium monitus et re- J quisitus ab adversaria, non teuclur ponere diem, 84 THE HISTORY OF THE SUFFERINGS [BOOK 111. and remit it to the knowledge of an assize. 1 do not find the lords were unanimous in the interlocutor, but it carried nec horam commissi criminis, nec judex possit eum ml hoc compettere ; and of the same opinion is Julius Claras, Qucest. 12. Num. 13. Farin and others. 3 tw. Flow is it possible it can be other¬ wise? for suppose that the witnesses to be ad¬ duced by the pursuer shall prove positively the crime, and the person who commits the same, and the circumstances in which it was commit¬ ted, can there be no contrary probation allowed, either directly, or by inference, to take off the force of that probation? which were just to al¬ low witnesses to depone contra dictum testium: but as the point is clear in thegeneral, so there is no necessity to enlarge upon this debate, as to this special case, in regard the alibi condescended upon, viz. that the pannel was at his house in the town of Galston, about half a mile distant from the place condescended upon and libelled, by no law was ever admitted, either in judicio civili aut criminali ; and the reason is clear and undeni¬ able, in respect it is possible in such a circum¬ stantiate alibi, that the pannel might have been guilty of the words libelled, and might have had opportunity of meeting witli the witnesses, es¬ pecially there being no qualifications conde¬ scended upon to enforce the alibi, as that he was detensus in carcere, or ajjivus lecto, but does ac¬ knowledge to be in perfect health, going up and down doing his affairs, and so is a case toto ccelo different from an alibi so circumstantiate and qualified by reason of the distance, that there was impossibilitas natures. And as to that allegance, that the pannel lias the benefit of his majesty’s indemnity which ex¬ tends to all treasonable speeches, and to be in¬ terpret in the greatest latitude, and most be¬ nignly and favourably. It is answered, 1 mo. That the act of indemnity is opponed ; for first, it is clear by the act itself, it is not a simple in¬ demnity, but contains the exceptions therein mentioned, and therefore must be congruously interpret, that it may not only import an indem¬ nity, as to such for whom it was intended, but also that such as were excepted and excluded, should not enjoy the benefit of the said indem¬ nity. 2 do. It is acknowledged, that treasonable speeches having no relation to the rebellion, do fall under the indemnity, and are secured there¬ by ; and there are many instances of treasonable speeches, which need not be condescended upon. The exceptions in the act of indemnity are plain and clear, that heritors who were contrivers of tiie rebellion, and contributors thereto, by levies of men or money, should not enjoy the same. The plain meaning, and English whereof, does comprehend all accession to the rebellion, and the words libelled do import a direct accession to the rebellion. And as to the objection, that none can be reputed a contriver of the rebellion, but such who advised the first raising and eruption of the rebels, it is answered : the pre¬ tence is most irrelevant ; for a rebellion being equally to be considered in relation to the first eruption, and to all breaking forth of the same, it is against sense to pretend, that there is any rational difference whether one did advise the first eruption of the rebellion in one corner of the kingdom, or did advise, in order to the in¬ by plurality of voices. Every body was surprised to find that Cesnock’s defence of proving' himself alibi that day was conde- creasing and strengthening of the rebellion in another corner of the kingdom, the crime as to the atrocity being the same; and rebellions are not to be looked upon as the result of formed and communicated counsels, but every act and advice in relation to rebellion is of the same nature, and a contrivance, and a strength¬ ening and increasing of the rebellion, and so justly excluded from the act of indemnity; and to advise, and to contrive a rebellion in the west, was just the same contrivance as to contrive a rebellion in Galloway, where it first broke out. The case does also fail under that clause by con¬ tributing to the rebellion, by levies of men or money; for contributing by levies, cannot be understood as if levies were raised by authority, but only that persons run to the rebellion ; and therefore the giving advice to any, either to go to the rebellion, or to return to the same, was perfectly to contribute by sending of men to the rebellion ; and if it were otherwise, the excep¬ tions contained in the act of indemnity were of no import or significance; and all that was in¬ tended by the indemnity in relation to that re¬ bellion, was but to secure the deluded multitude, who were easily imposed upon, and led by in¬ fluence or example, but otherwise to secure her¬ itors who were contrivers of the rebellion, or contributed thereto ; and if any such thing could be sustained, it would evacuate the indemnity as to the exception, and condemn the public pro¬ cedures already made against such persons who fall under that head of contrivers of the rebellion, or contributers thereto, albeit with that artitice and cunningness they did not appear, nor were not actually engaged in the rebellion. Cesnock’s Lawyers’ Quadritplies. Sir Patrick Home quadruples to that, that the expressions mentioned in the dittay are not only treasonable words, but do import counsel and advice to these persons to go back to the re¬ bellion. It is answered, that the expressions mentioned in the indictment, are not treasonable words, seeing they do not fall under any express law against treason ; and albeit such rash and inconsiderate expressions might make a man liable to an arbitrary punishment, yet they can never infer the pain of treason, which can only be inferred from these express cases mentioned in the laws ; and penal laws are to be restricted and not extended, as is clear from all lawyers on that subject, and particularly Carp. 1. Par. Qusest. 9. Num. 13. Pcenales sanctiones in iis tantummodoeasibus recipiendsesunt, quorum ex- pressafit mentioin legibus, neque eniin poena gra- vior alicui imponi debet, nisi in casibus jure ex- pressis. And Par. 2. Qusest. 56. Quod in pcenis, vel statutis poenalibus extra proprietntem ver- borum fieri non debet, ad Leg. 42. Dig. de peenis, interpretatione legum, p unite molliendae sunt potius quam asperandse. 2 do. The expressions cannot import counsel and advice, so as to infer the crime of treason, seeing crimes cannot be inferred from remote causes and inferences, to make the party liable ad peevarn ordinariam. As tor instance, if a man having been fighting with his neighbour, CHAP. VI IT.] OF THE CHURCH OF SCOTLAND. 85 sceuded on in the libel, when he should have uttered the expressions above set down, to find this most valid defence, I say, repelled they should be separated, and as they were coining out of the way, should meet with another, and he should ask him from whence he came, and he should answer him, he came from such a place where he was fighting with his neighbour, and that he came away and left him, and the person should say, he liked not runaways, and bid him take courage, and if he would bide by it he would get help; it were absurd to pre¬ tend the person that met him by the way, and had these expressions to him, should be guilty of the man’s fighting with his neighbour; and the like may be instanced in many cases of the like nature. 3 to. It is the opinion of all lawyers, that when it is provided by a statute, that the person who gives counsel and advice should be liable to the same punishment, is only understood of counsel and advice before the committing of the crime, but not thereafter. Bartol. in Leg. furtum, Big. defurtis, par. 2. Marcel. Con. 30. Num. 31 and.32. Statutum dicens quod prasians auxilium, consilium velfavorem malefico, tali poena puniatur, debet in- telligi quando maleficium est in Jieri, secus autem in malefico jam facto peifecte et consummato, el sic ante non post delictum, quia de illo statuto lo¬ quitur. And Minochius Cas. 351. Num. 6. re- quiritur quod consilium, prae.cedat delictum, nam si secuto delicto daret consilium, illud certe is frus- tratorum, nec enim suasus delinquens eo consilio ad delictum perpelrandum processit. 4fo. \\ hereas it is pretended, that the indict¬ ment, in so far as it is libelled that the defender spoke these words, or some such words to that purpose, is relevant in these general terms, see¬ ing the pursuers condescend that the defenders had the like words to encourage the party. It is answered, that the defender spoke these words or such like alternative, is not relevant, it being a certain principle in law, that whenever a crime consists in words, the specific words ought to be condescended upon, for if the libelling of a crime arising from a particular fact, as the fact and deed must be condescended upon, and the libel will not be relevant in these terms, that the de¬ fender committed the fact and deed, or some such deed to that purpose ; so by the same reason when a crime is libelled arising from words, the particular specific words ought to be condescend¬ ed upon, seeing the varying of a syllable or a letter, will also alter the meaning and sense of the words, and if it were otherwise, then the pursuer might libel no more but treasonable words in general, which were absurd. bto. Whereas it is alleged, that the conversing with the persons mentioned in the indictment, doth infer intercommuning with notour rebels, seeing the defender did know that they had been in the rebellion, it is answered, that it is ab¬ solutely denied that the defender did know that any of these persons had been in the rebellion, and private knowledge being actus anirni et intel - lectus, which can only be proven by writ, or oath of party, which cannot be admitted in this case; but it it were allowed, he could very freely de¬ clare, as he has already done, that he did not know that these persons were in the rebellion. And seeing the law has fixed on that solemn and specific act of denunciation at the market- cross by the lords : and this was a pre- sage of what the issue would have ° ” been had not probation failed. With this of the shire where the rebels dwelt, to be the only thing that puts lieges in mala fide, to supply or intercommune with these persons who had been at the rebellion, no other thing, how notour so¬ ever, can put the lieges in mala fide, but only the denunciation at the market-cross of the shire, conform to the express act of parliament. And it is evident by nis majesty’s proclamation in April last, that the resetting, supplying, and in¬ tercommuning with persons that have been in the rebellion, does not infer the crime of treason, unless they were denounced at the horn, and for¬ feited for rebellion. And seeing his majesty’s advocate has already declared, that he makes only use of that article of the libel as a qualifi¬ cation, the defender needs say no more but op- poue the act of parliament which sufficiently takes it off. 6fo. Whereas it is alleged that the defence of alibi is contrary to the libel and so cannot be sus¬ tained, it is answered, that albeit it be no nul¬ lity in a criminal libel, if the libel bear the crime to have been committed upon one or other of the days of such a month, in such a year of God, yet if the defender desire the pursuer to conde¬ scend upon a precise day, he ought to conde¬ scend thereupon, that he may not be precluded of his defence of alibi, which is not contrary to the libel, but elides the libel. As for instance, if it had been libelled that the defender had killed a man at Edinburgh, on one or other of the days of June 1679, and the pursuer condescending upon a particular day, and the defender should prove, that all that day he was at home at Cesnock, this wereenough to elide the libel, which is clear both from the civil and common law. Cap. final, parag. libellorum, Quccst. 8. and from all the lawyers who write upon that subject, and par¬ ticularly Bartol. in Leg. is qui reus, Num. 10. Dig. de imp. judiciis, et Jason in lege arbitraria, 2 parag, si quis Ephesi. Num. 6. de eo qui certo loco. And Farin. Qucest. 1, Num. 20, And Gail. Lib. 1. Obser. 64. who is express, that albeit it be no nullity' of the libel, albeit the particular day be not condescended upon, yet if the party desire, he ought to condescend, nam nmissio diei reo auferret defensionem, ergo exprimenda, quia probare possit eo die in tali loco non fuisse. As also, this is clear from the law of our neighbour nation of England ; as appears by 37 statute K. H enry VIII. by which it is statute, that in all criminal libels, the day' and place must be con¬ descended upon ; and from our own law, Cap. 8. Quon. attac. By which it is provided, that the names of the parties, day', yTear, and month should be expressed, and damage must be condescended upon : so that by' the law it is as necessary to ex¬ press the precise time in the libel, if required, as to condescend upon the party’s name, the cause of complaints, and the place where the crime was committed. And as this is clear in the general, much more ought the pursuer to con¬ descend in this particular case, seeing if the pursuer condescend on the day', the defender not only offers to prove alibi that day, but that he was all the day at home in his own house. Qvce est defensio certata loco et tempore; and so being a positive exception oughttobe sustained to elide the libel, especially seeing it is likewise offered 86 THE HISTORY OF THE SUFFERINGS [BOOK III. interlocutor the court adjourned to the 27tli. Upon Thursday the 27th, the assizers to be proven by persons that were present in company with Ingram, Crawford, and Fergusson the time they passed through the Galston, that the defender was not with them at that time, and albeit the defender’s house be not at that distance from the Galston, that it was impossible in nature he could be there, yet he condescends so pregnantly, that it is equivalent to a physical impossibility that he could be there, seeing it is positively offered to be proven, that he was at home at his own house all that day entirely, by persons that were present with him in company all the whole day, and the persons who were present, with Ingram, and the rest mentioned in the first indictment, all the time they passed the Galston, and the defender was not with them, which is so circumstantiate an alibi, that it is beyond all question relevant to elide the libel. And as to Gomez and other lawyers cited, that seem to be of the contrary opinion, it is evident, that there they do not state the case of alibi, but only if the libel without condescending on the day be relevant, as to which it is not controvert¬ ed. But these and all other lawyers upon that subject are clear of the opinion, that when the defender requires the pursuer to condescend upon the precise day, that it ought to be condescended upon, that the defender be not precluded of his just defence of alibi. 7mo. Whereas it is alleged, that the defender falls under the exception of theact of indemnity, both as a contriver and contributor to the rebel¬ lion, it is answered, lmo. That the defender cannot be repute a contriver, neither can those words and expressions contained in the indict¬ ment import a contrivance, being only, as is ac¬ knowledged by the indictment, spoken at a tran¬ sient meeting on the highway, and it is not to be imagined that any man of common sense or reason would go and contrive a rebellion with any persons he met on the highway. 2 do. Con¬ trivance must necessarily be understood of con¬ sulting and advising things, that are previous to the rebellion, and which might givea rise there¬ to, and not by a transient discourse, and that contrivance should be so largely extended, as to comprehend all expressions that looked like trea¬ son ; the exception would be as general as the rule, and upon that ground the former part of the act of indemnity would be altogether eva¬ cuate. 3 tio. As these expressions cannot infer a contrivance, far less a contributing by levying of men, which can only be understood in the pro¬ per terms of assembling men together to carry on the rebellion, which cannot be in the least pretended in this case ; and the defender was so far from countenancing anything that had the least tendency to rebellion, that he did upon all occasions testify his abhorrence of all rebellious courses, and gave a signal instance of it in April 1679, about a month before the rebellion; in so far as there being one of his majesty’s soldiers killed by some of the rebels, and another wound¬ ed upon the coniines of the shire, immediately the noblemen and gentlemen of the shire met, and wrote a letter to the lord chancellor, which was drawn by the defender, and subscribed by him and a great part of the gentlemen of the shire, by which they acquainted his lordship were called and sworn, no objection being made. Their names are, Sir Robert Dalzid of Glenea, John Boyle of Kelburn, with the murder of one of the soldiers in the night, and the wounding the other ; as also of some armed field-conventicles of a considerable number of the commons occasioned by unsound, turbulent, and hot-headed preachers, making it their work to draw the people to schism and se¬ paration from the pure ordinances and instil in them the seed of rebellion; and out of their sense of their duty to authority, the good of religion, the peace and quiet of the kingdom, did think it lit to signify to the lord chancellor, their detes¬ tation and abhorrence of such horrid practices, and that they should endeavour not to be want¬ ing in their capacities and station, what was becoming good Christians and loyal subjects. Which was a most loyal letter, and a clear de¬ monstration that the defender is of most loyal principles, and was so far from being a contri¬ ver of the rebellion, or having any access there¬ to, that upon the first appearance of any insur¬ rection, he did give timeous advertisement to the lord chancellor, that effectual course might be taken for preventing thereof, and for crush¬ ing the cockatrice in the egg; so that it is not to be imagined that a' man of these principles, and who did write such a letter, could be guilty of any expressions that had the least tendency to rebellion. And as a further evidence of his de¬ testation and abhorrence of the rebellion, it is offered to be proven, that whenever he was in¬ formed that any of his servants went to conven¬ ticles, immediately he paid them their fees, and dismissed them out of his service, and would not retain any who haunted conventicles; and when he got notice of any of his people that ab¬ stained from public ordinances, he did always ac¬ quaint the sheriff-depute of the shire, and caused tine and punish them according to law, and did never suffer any of the rebels to come to his house, nor got they any of his horses, servants, or arms to assist. But immediately when he heard of any of the rebels being near his house, he left his house and came to Edinburgh to join tvith his majesty’s forces, which was all a prudent and loyal man could do at that time. As also, it is positively offered to be proven, that he dis¬ suaded all his tenants to join in the rebellion, and informed them to take the bond ; and there¬ fore he ought to have the benefit of his majesty’s gracious act of indemnity. And if such as have been at field-conventicles, or illegal administra¬ tors of the sacraments, and had maintained po¬ sitions, that it was lawful to rise in arms for re¬ formation of religion, condemned by the second act of the second session of his majesty’s first parliament, and the preachers at all these con¬ venticles, if such as these should have the bene¬ fit of his majesty’s indemnity, as certainly they have, much more the defender, who has given such signal testimonies of his loyalty. Seeing it is clear, that his majesty’s design is, that the said act of indemnity should be extended in the utmost latitude, which is agreeable to the com¬ mon law, L. 3. Dig. de const ituLione. Principio bcnificium imperatoris, quod a divina sciz. ejus indulgentia projiciscilur, quam plenissime interpre- tari debemus. And if the exception of the act of indemnity should be otherwise understood, there were hardly a gentleman in the west of CHAP. VII I/] OF THE CHURCH OF SCOTLAND. 87 Bannantyne of Kellie, Sir Patrick Maxwell of Sprino-kell, John Veitch ofDawick, James Nasmith of Posso, John Skene of Halyards, Scotland, but he might be brought under the acts of parliament against treason ; and the act of indemnity which his majesty designed for removing of all fears and jealousies, and the quieting the minds of his good subjects, should be rendered altogether elusory and ineffectual. Mr William Fletcher for the pannel further adds, and conjoins, that the defences stand most relevant, not withstanding of the replies: for, Amo. Whereas it was pretended, that the con¬ versing and intercommuning with Daniel Crawford and the other rebels, was flagrant rebellion, and before any course could be taken to declare or denounce them. It is answered, l?«o. that the pretended converse, being only a casual rencounter on the high-way, it could not subject the pannel to any crime, but especially the highest crime of treason ; and there is no man in the world so innocent and loyal, who might not have fallen in the same accident, considering tbs number of the rebels that were swarming in the country. 2 do. Any such con¬ verse and intercommuning being antecedent to the act of indemnity, the pannel is thereby secured, in respect that converse and intercom¬ muning is none of the cases excepted in this indemnity, and exceptio firmat regulam in non exceplis. ' ido . Whereas it is replied, that the pretended words do import a counsel cum instructione, in regard they contain motives and reasons for returning to the rebellion, viz. that they should not want officers and help. It is answered, that law, in this case of counsel, requires more than reasons and arguments to persuade, viz. direc¬ tions how to compass the crime, as in crimine furti , and what place and house may be most easily broke, and what instruments are most fit, which species of instructions are expressly cited in the forecited paragraph of the institutions. 3 lio. Whereas it is replied, that the counsel takes the nature of the crime which is coun¬ selled ; it is acknowledged that this holds true in the general, but still it must be such counsel as is instructed, and in this case it was im¬ possible that the pannel might have instructed the rebels, both with proper ways how to manage the rebellion, and likewise with arms and horses. 4 to. Whereas it is pretended, that the indem¬ nity is not simple, but contains exceptions, and that albeit treasonable expressions be indemni¬ fied in the general, yet the indemnity cannot be extended to such treasonable speeches as import a counsel to rebellion, that being a proper accession to the crime by which the pannel be¬ comes art and part thereof. It is answered, lmo. That verba legis preesertim favorabilis, non sunt cavillanda ; and it is impossible, without offering manifest violence to the propriety of words, that the expressions libelled should not be comprehended under the general of traitorous speeches ; and albeit treasonable expressions may be distinguished into two sorts, viz. Amo. Ihese which do only import a slander and re¬ proach of his majesty and his government. And 2do. these which carry in them a counsel, mandate or command, to commit the crime of treason ; yet it would be a very bad rule in George Drummond merchant. Sir ° y 1684* James Fleming- of Rathobyres, Sir 1 John Dalmahoy of that ilk, Andrew Frazer dialectic, to say that these words are not trai¬ torous speeches, because they are not of the first kind of treasonable speeches. 2 do. If it be the sense and opinion of all persons, who hear these words repeated in this libel, that the same are traitorous speeches, then that genus of treason¬ able speeches must necessarily comprehend the same : but so it is, that the pannel doth appeal to the lords of justiciary, and all who hear the libel read, if that was not the notion which they had of these words, that the same are traitorous speeches. And albeit his majesty’s advocate and these who concur with him, may subtilize upon the nicety of words, and reduce them to another class than these which are contained in the indemnity, yet words are to be understood ex populari, quern penes arbitrium est, el jus el norma loquendi , or otherwise words should become captions and shares, and the people for whose satisfaction the proclamation of the in¬ demnity was made, should not be capable to understand the same ; and it is not usus artis, but usus popularis, which must be the rule in this case. 3 tio. According to all the rules of interpretation, in things which of their own nature are not odious, the words are to be taken according to all the propriety of popular use, v. g. an indefinite speech should be taken for one that is universal, and the indemnity is not only a matter not odious, but most favourable, and therefore a proprietale verborum non est recedendum. 4 to. It is a strange nicety and catching of words, to pretend, that words libelled should be pardoned, in so far as they are traitorous speeches, and should not be par¬ doned in so far as they are a counsel to rebellion ; lor this were indeed to cleave an hair, and it is no ways suitable to that free and native liberty which is inherent in such acts, to run to meta¬ physical niceties. bio. Whereas it is pretended, that the pannel falls under the exceptions of the act of indemni¬ ty in so far as an heritor, and that it is clearly imported by the words libelled, that he has contrived the rebellion, and contributed thereto, by sending out men to the same, and that the accession arising from counsel, imports as much against the pannel, as if he had been actually in the rebellion. It is answered, 1 mo. That the act of indemnity is opponed, which excepts only heritors in three cases distinctly expressed in the act, viz. 1 mo. Actual rebellion, arising from these words, heritors who were in the rebellion. 2 do. Contriving. 3 tio. Contributing by levies ; and that counsel and intercommuning is not under any of these three heads, for the extent of the rule cannot be better cleared and deter¬ mined, than by the nature of the expression ; and where laws have exceptions, nothing does so much illustrate and confirm the rule, as ap¬ pears from Novel. 7. cap. 2. in initio, where these words are to be found, necessarium existimavimus quasdam exceptiones dare legi, cum niultis vigiliis et subtilitate adinventas, ut eas habeas in auxilio, lex nequaquam moveatur ; and the exception in some case doth enlarge the rule, and does fully clear the same, and makes it extend to cases which otherwise would not be understood to be comprehended, as appears from Lex. 12. Parag. 88 THE HISTORY OF THE SUFFERINGS [BOOK III. IGSI Ki^mundie, Alexander Nisbet of Craigentinny, James Somerwell of Drum, James Boyd merchant in Edinburgh, James Loch of Drylaw. For probation the advocate produceth Thomas Ingram and David Crawford. Sir Patrick Hume ob¬ jected for the pannel, that they could not be admitted “ because prodiderunt testimonium, and revealed what they would say to his ma¬ jesty’s advocate and others ; and also, that his majesty’s advocate had taken their oath pre¬ vious to any warrant from his majesty’s privy council, which is contrary to his ma¬ jesty’s letter, that being only recommended to the lords commissioners of justiciary, by an express warrant from the lords of coun¬ cil; and it is a certain rule in law, that tes¬ tis revelans testimonium suum partibus, a testimonio repellitur , and the reason given by lawyers is, ne ex illius dicto alii testes subomentur. Mascard. de prob. concl. 359. No. 40. 2 do. Because in proving the pre¬ tended crime, they acknowledged themselves guilty of the crime whereof the pannel is accused, as is clear from the common law. Cod. de accus. et inscript. 3 tio. Because it is offered to be proven, that Ingram did prompt and solicit others to depone in this cause, and so has given partial counsel. 4 to. Et separating because they bear hatred and malice to the defender ; aud it is positively offered to be proven, that since the rebel- 43. where the case being stated, if when domus instructa, legata an contineatur vestis. The law¬ yer doth resolve, that it is doubtful in the gen¬ eral ; but if there be an exception added of au- rum or argentum, that the domus instructa must necessarily comprehend vestis, nam qui hcec ex¬ cept, non potest non videri de cceteris rebus, qua mea essent, sensisse. 2 do. The words contrivance and plotting are synonymous words, and are ex¬ pressed in the Latin by oi-dinatio et tractalus, and according to the common acceptation of the words, these only are understood to have contrived and plotted a rebellion, who have taken measures, and laid down ways how to carry on and maintain the same, they keeping correspondence in order to that end, drawing what number could be en¬ gaged, how they should be provided with arms and the like, which can noways be inferred, as is pretended, from words spoke on an high-way in a passing discourse. Likeas, plots, aud con¬ trivances of rebellion are of their own nature se¬ cret and latent actions, which are done clam et occulto ; and no rational man will presume that the pannel, who is known to be a man most cir¬ cumspect in his words and carriage, could have fallen into that madness, as to have contrived a rebellion with ignorant, silly, and mean persons (some whereof he did not know) in an open lion he promised to meet the defender with an evil turn if it lay in his power by any manner of way out of hell ; and it is clear by our law, statut. 2. Rob. I. chap. 34. against those that are excluded from bearing wit¬ ness, that nee socii, nec participcs ejusdem criminis, nec aliquis hostis seu malevolus parti, nec incarcerati, nec vinculati, can be admitted witnesses.” His majesty’s advocate oppones to the first, the constant practice of his predeces¬ sors, whereby they have been always in custom to examine witnesses upon oath be¬ fore intenting of the libel, which a judge or privy counsellor of the nation may do both in Scotland and England, and his majesty’s letter was only necessary after intenting of a libel, for a warrant to the judges who were not formerly in use to examine, though they might always have done it. To the second his majesty’s advocate oppones the constant and uncontroverted custom, nor could the crime of rebellion, or any other privileged crime be otherwise proven, for who can de¬ pone but they who are conscii, and all con- scii are socii criminis. As to the third, his majesty’s advocate alleges the same is not relevant, except the malice could be quali¬ fied to raise an inimicitia capitalis, which can only repel a witness, especially in the privileged crime of treason, whereof the de¬ tection is of such importance, that many specialities, as to witnesses in other crimes, high-way : and it is hoped the lords of justici¬ ary will in this case consider the person of the pannel ; and seeing the words do not amount to a contrivance, or plotting a rebellion, rapienda est occasio qua preebet benignius responsum ; and albeit in a lax and improper signification, these words might import a contrivance, yet the pan¬ nel doubts not but the lords will have regard to the proper signification of the words, seeing otherwise it is impossible to interpret the indem¬ nity with that latitude which his majesty' hath expressly required. Whereas it is pretended, that these words do import a contributing to the rebellion, by levy¬ ing of men or money ; it is answered, that le¬ vying of men and money is a physical act, aud not a moral persuasion; and no man will ima¬ gine that levying of men and money, can consist in words, but the same doth necessarily import deeds of drawing men together, and taking of their names in order to the forming them into an army ; if words were levying of men or mo¬ ney, an army would be very easily supplied. As to the former defence against the second libel, viz. that it wants month and year, and there is not the least answer made, and there¬ fore there cannot be least use made thereof. CHAP. Via.] OF THE CHURCH OF SCOTLAND- 89 are relaxed in this, and therefore the pro- ] misiue of an evil turn is not relevant, nor j the quality, though they should go to hell for it, which is a rash, foolish, and inconsider¬ ate expression, but they may condescend upon the ground upon which that inimicitia capitalis arose, and which may very much determine the extent of it. 2do. Adhering to the former objection, it is added separatim, that the w itnesses were suborned in so far as they were prompt, so¬ licit, and instigate to depone in this cause against the defender: as also, that they solicited other persons to be likewise wit¬ nesses against the defender which the law¬ yers clearly make a sufficient subornation to cast them from being witnesses, especial¬ ly when they are to depone upon premedi¬ tate and formal words, and after so long a time, as is clear from Mascard. con. 341. and particularly, that he instigated Adam Miller to be a witness against the defender. His majesty’s advocate answ ers, 1 mo. that tam¬ pering and soliciting non-relevant, unless it take effect, and the witnesses succumb to the temptation. 2do. It is not relevant, ex¬ cept the money or good deed were conde¬ scended upon, that it may be known if it be a sufficient temptation, and upon what ac¬ count it w'as given. 3 tio. The suborna¬ tion or corruption must be by the pursuer, or some having warrant from him, for else even the friends of the pannel may take pains and corrupt, and a witness being de¬ sirous to come off may comply with it, all which should much hold in witnesses called for the king, which are presumed to be from calumny, and where no advantage can arise to any private party. As to the speaking to Adam Miller, ‘ Can thou not say, or knows thou not that Cesnock spake such words.’ It is answered, ‘ It is lawful for contestes to ask at one another.’ Sir George Lockhart answered, that the objection anent corrupt¬ ing the witnesses is not relevant, unless the quantity of the money were condescended on, and that it were expressly alleged that money were given upon the account of de¬ poning against the pannel in the terms li¬ belled, otherwise the simple giving of money is not relevant. 2 do. The time must also be condescended upon, whether it was be¬ fore or after the citation as a witness, or at least after the raising of the criminal letters, for if it was before, it is not re¬ levant, unless it were positively offered to be proven, that it was given upon treaty and agreement, that the witnesses should depone in the terms libelled against the defender, and adheres to the former answer, that the pur¬ suer nor none for him did use any attempts of corruption. Mr William Fletcher duplies, that subornation and corruption being latent acts which cannot be proven by any other probation than conjectures and indicia, all lawyers have sustained such probation which doth arise from violent suspicions, and it is sufficient for the defender to con¬ descend in general that w itnesses were sub¬ orned, instructed, and solicited, and what money was given, or good deed promised, will arise from the probation ; and it is ab¬ solutely impossible, that in any such case, the party svlio objects against the witness can be special as to the quantity of the money ; and it imports not, though the wit¬ ness had been practised before the accusation, seeing it is positively offered to be proven, that they were suborned and corrupted in relation to the pannel, and that they might depone against him. This is what 1 find in the registers as to the lawyers’ debates upon the witnesses. By other papers I find that Sir Hugh was ask¬ ed, if he had any thing to say as to Ingram in particular. He answered with the strongest asseverations, that he was most certain he had never seen him in the face, and as to other objections he left them to his lawyers. His advocate urged very forcibly, that Ingram could not be admitted, because he just now took upon him to prove, that the said Thomas had several times said, that if there was a way out of hell how to be avenged upon the pannel for delating him as a murderer, he would be revenged, and straight ottered witnesses to prove, that in many companies, he (the witness) had most seriously expressed himself in these words; and urged, that Ingram could not be admit¬ ted to Cesnock’s prejudice, and cited many famous lawyers to prove this. The king’s advocate replied, that giving, but not grant¬ ing, that the said Ingram had thus express¬ ed himself in a passion, it could not ration- in v. 90 THE HISTORY OF THE SUFFERINGS [BOOK III. ally be thought, that now in cold blood ’ he would so desperately and wilfully damn his own soul by perjury, to take away the life of an innocent gentleman, especially considering he could propose no other re¬ ward to himself than damnation. He added f urther, * to make it evident to the world, that the witnesses have no design to swear falsely, I am free to declare, that when they were brought in to me, I examined if they could say any thing anent the late rebellion, and Cesnock’s accession thereunto. They an¬ swered, they could say nothing ; but when once I had made them swear as to what I should interrogate them, they deponed in the same express words contained in the indictment, which, added he, clearly evin- ceth that they had, and yet have the im¬ pression upon their consciences of that dreadful majesty of God, who is judge to this and all their actions: and the advocate goes on, had this man come in voluntarily and offered to depone against Cesnock, it would have said much ; but seeing he was brought in by force, and without his own inclination, the objection made against him can be of no force.’ This discourse was abundantly well calculate, for keeping In¬ gram firm to the deposition he had emit¬ ted in the precognition, which was all the advocate wanted. Cesnock’s advocate was in no difficulty to answer all the advocate advanced. It was the easiest thing in the world to put matters in this channel to serve a turn ; and people of no conscience, or un¬ der the power of revenge, have no great impressions of damnation, or of God and his awful majesty: and if any who adduced these considerations were privy to any con¬ cert and collusion in this matter, they have had as little impression of those tremendous truths. But further, the advocate for the defender offered to prove that this witness was suborned to swear against Cesnock, and had got largely both of money and vic¬ tual for his reward, and had not only sold himself to this abominable perjury, but had enticed and induced others to the same course. Upon this allegation the justice- general desired, that particulars might be condescended upon. And Sir Hugh de¬ clared, that he was well informed, and would instantly prove it, that this fellow (Ingram) was hired by Hugh Wallace, sometime fac¬ tor to the deceased lord Craigie. When this condescension was made, the court could not but admit Cesnock’s witnesses for the proof of what was advanced. Accordingly, two witnesses were adduced who deponed that Thomas Ingram had sworn in their hearing and presence a great oath, that he would be avenged upon Cesnock if there was a way out of hell to do it. Great pains was taken to cross-question the witnesses, and the in¬ terrogatories were put to them severally in the others’ absence, yet they exactly agreed in every word as to this matter : but then in another query, viz. * When spake you of this matter together?’ the one answered, ‘he does not remember that ever they spake of it together, unless it was yesternight;’ and the other declared, * he did not remember they communed at all upon it.’ This incon¬ siderable variation not affecting the matter of the cause, was handle enough to such who were seeking an occasion to cast every thing proposed in Cesnock’s defence. Next, two other witnesses were adduced, viz. Ingram’s father and mother, who deponed they had seen Wallace give to Ingram several pieces of money, but of what value they could not tell ; whereupon Ingram himself was interrogate, and de- i dared he had got from Wallace half a crown at one time, and ten shillings at another, but he knew not upon what design. The king’s advocate said, it might be Wallace had given Ingram that money for some services he had employed him in, and that he himself used to employ the said Wallace as being a sharp man, and very active for his majesty’s interest. After the lords had heard these debates upon the witnesses, they reasoned at a considerable length upon them before they came to an interlocutor. That eminent I lawyer, my lord Pitmedden, debated much whether witnesses could be examined upon oath in a precognition, and brought such arguments against this as could not be answered, save by the king’s letter allow¬ ing it, impetrate with an eye to this and such like processes. My lord himself was pleased to inform me, “ that he moved to the lords, at least that this might be done ; since by the king’s letter the witnesses’ CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 91 oaths had been taken, that before they were readmitted to swear in the same affair, their former depositions might be torn. But this, for as highly reasonable as it must appear, was peremptorily refused. However, added he, the witnesses in pre¬ sence of the assize, deponed in favours of the pannel contrary to the tenor of their first depositions, which they were said to have given in the first precognition.” At length the lords came to this interlocutor. “ The lords having considered the objections against the witnesses, and the debate there- anent, they, in respect of the answers, repel the objection anent proditio testimonii , and repel the second defence as to socii criminis .” And the lords having considered the other objections, and heard the witnesses adduced by the pannel for proving the same, ordain Thomas Ingram and the rest of the witnesses adduced by his majesty’s advocate, to be received. When Ingram was brought in, and hold¬ ing up his hand to swear, Sir Hugh directed himself to him, and said, “ take heed now what you are about to do, and damn not your own soul by perjury, for as I shall answer to God, and upon the peril of mine own soul, I am here ready to declare I never saw you in the face before this process, nor spake to you.” Then Ingram was solemnly sworn, and interrogate upon the whole articles of the libel. Several things fell in this witness his examination, which we cannot expect to meet with in the registers. And therefore I shall give the deposition of both the witnesses as they are recorded, and then a larger account of the circumstances from good vouchers before me. “ Thomas Ingram in Borlands, aged thirty-two years, depones, that having met the laird of Cesnock, at Daniel Craw¬ ford’s house in Galston, in the time libelled, he heard Cesnock ask from whence they came, and Daniel answered, from the west- land party ; and that he asked, who com¬ manded them, Crawford said, one Hamilton. And the deponent being interrogate upon the rest of the libel, depones he knows nothing of it. And this is the truth, as he shall answer ; and cannot w rite.” Daniel Crawford depones nega¬ tively to the whole libel. And this is the truth, &c. Daniel Crawford. “ The assize, with one voice, finds the libel not proven.” Jo. Dalmahoy. Thus the process stands in the records, and more we could not look for. But it is worth the reader’s while to have the detail of the circumstances of this remarkable examination from the papers above-men¬ tioned. And they inform me, that Ingram deponed, that being in the house of Crawford, Cesnock came to the door, and having called upon the said Craw ford, he asked, what men those were w’ho were in his house ; Crawford answered, they were men lately come from the west-land army. Then Cesnock asked, who commands there. Craw ford answered, one Robert Hamilton. As Ingram was going on in his deposition, one of Cesnock’s lawryers asked him, w'hether he had communicated this to any others, to seduce them thus to depone, and told him, he was now under a deep oath, and nothing less than his soul at stake, Ingram answered, I believe I have spoken of it to severals. Then the justice-general asked, if Cesnock spake any other words to Crawford; Ingram answered, my lord, lam now upon my great oath, and I declare I do not remember he spake any more at all. Upon this there was a great shout, and clapping of hands in the court ; at which the king’s advocate said in a great passion, that he believed that Cesnock had hired his friends to make this acclamation, in order to confound the king’s evidence, and he never heard of such a protestant roar, ex¬ cept in the trial of Shaftsbury; that he had always a kindness for that persuasion till now; that he was convinced in his con¬ science, it hugs the most damnable trinket in nature. After silence, the justice-gener¬ al interrogates Ingram again ; who answer¬ ed, he had said as much as he could say upon oath. And the justice-general offer¬ ing a third time to interrogate Ingram, Nisbet of Craigentinny, one of the assizers. 92 THE HISTORY OF THE SUFFERINGS [BOOK III. j ^ , rose up and said, “ My lord justice- | general, I have been an assizer in this court above twenty times, and never heard a witness interrogate upon the same thing more than twice ; and let Cesnock’s persua¬ sion be what it will, we who are assizers and are to cognosce upon the probation upon the peril of our souls, will take notice only to lngram’sfirstdeposition,thoughyourlordship should interrogate him twenty times.” The justice-general answered him with warmth, Sir, you are not judges in this case. The laird of Drum, another of the assizers, pre¬ sently replied, Yes, my lord, we are only competent judges as to the probation, though not of its relevancy. Whereupon the whole assizers rose up and assented to what those said. The justice-general in a great heat said, “ I never saw such an uproar in this court, nor, I believe, any of my predecessors before me, and it is not us you contemn, but his majesty’s authority.* Silence being commanded, Crawford the other witness was called in, who being deeply sworn, and no objection being made against him, he deponed negative, “ that he did not see Cesnock for a considerable time either before or after Both well-bridge ; that he does not remember that Cesnock spake any thing to him, either about the west-land army, or who commanded them.” Where¬ upon there was another great cry made, and clapping of hands, which put the justice- general and advocate into a great rage, as what they reckoned an irreverent insulting of the court. Then Cesnock’s advocates craved the probation might be remitted to * The first witness that was examined at his trial, began with a general story : and when he came to that in which the prisoner was concern¬ ed, Campbell charged him to look him full in the face, and to consider well what he was to say of him, for he took God to witness, he never saw liis face before, as far as he could remember. Upon that the witness was struck, and stopped, and said he could say nothing of him. The earl of Perth was then justice general, and offered to lead him into his story. But the jury stopped that, and said — that he upon his oath, had declared that he knew nothing of the prisoner, and that after that, they could have no regard to anything he might say. Upon which some sharp words ensued between lord Perth and them, in which he showed how ready he was to sacrifice justice and innocent blood to his ambition ; and that was yet grosser in this case, because his brother was promised this gentleman’s estate, when it should be confiscated. — Burnet, vol. i. 322. I the knowledge of the assize, which could not be refused. And after a short speech made to them by Cesnock’s lawyers, they inclosed themselves, and very soon return¬ ed their verdict, not guilty. Upon which Cesnock took instruments, and his advocate craved he might be liberate, in respect no¬ thing was proven against him. The justice- general answered, that seeing he was the king’s prisoner, they must have his majes¬ ty’s mind before he be liberate. Cesnock replied, that he was content, for he was abundantly certain, the guilt charged upon him could never be proven. The court sat late, or rather early, it being about two of the clock on Friday morning before they rose, and Cesnock was returned to prison. It is very evident upon the whole, there was a design formed to bring this worthy gentleman under a sentence of death, and at least to take his estate from him, though there were few gentlemen less obnoxious to the laws than he. YVe see that now no methods were boggled at, though never so vile, to accomplish wicked designs. Sub¬ orning of witnesses is very palpable in this case; who were guilty is not my province to determine : and the king must be drawn into this affair, by procuring a letter, which we have seen above, ordering precognitions to be taken upon oath by the justiciary; and yet we find in this case they were taken by the advocate alone. It may be proper further to remark, in order to the reader’s having some idea of this government, that the justice court, which ought to be most just and fair, and give all allowances in cases relating to men’s lives that law and equity suggest, were in this case evidently partial in refusing the rele¬ vant exculpation of alibi, at the time libel¬ led, in casting Cesnock’s witnesses for excul¬ pation, and repelling the most relevant de¬ fence propounded upon a trilling circum¬ stance ; and in their unaccountable carriage to Ingram when upon oath, and their open endeavours to push him into perjury, sc plain, as the assizers, none of them presby terians nor favourers of the sufferers, conic not bear them ; and in their hectoring am abusing these gentlemen, for acting as con scientious persons would do. And if thos< were their methods with gentlemen and be CHAP. VIII.} OF THE CHURCH OF SCOTLAND. 93 fore lawyers, we may easily guess, how little justice or equity poor simple country people, who could not bell the cat with them, had to I look for. And what sad work would we meet j with, if we had full accounts of their procedure from one who knew forms and law, and had been a witness to their procedure ! 1 cannot pass this process without re¬ marking, that several of the assizers, and other gentlemen in the house, were brought to no small trouble for the noise in the court, at Ingram’s declaring he could say no more, which the advocate was pleased to call a protestant roar. And indeed so he might, for it was an evidence of the satis¬ faction of the spectators, at the misgiving of the design of the managers now giving into a popish successor, and tyrannical and arbitrary measures. Severals were brought before the council, and by them remitted to crave pardon of the justiciary. I give it as it stands in the criminal books, April 24th. “ Appeared Sir Patrick Maxwell of Spring- kell, Alexander Nisbet of Craigentinny* James Lindsay of Drumbuig, being pursued before the council, for making a noise in the time of Cesnock’s trial when the wit¬ nesses were examined, and were ordained to appear before this court, and make ac¬ knowledgment and apology therefore, which this day they did.” We shall just now hear, that April 17thf Cesnock was allowed free prison. And June 19th, I find by the registers that the witnesses against Cesnock are still in pri¬ son, but that day the council allow them free prison ; and, for any thing I know, they continued a considerable time in prison : for, September 16th, the council or¬ dain Ingram and Crawford, witnesses against Cesnock, to be examined by the committee for public affairs. The day before, Septem¬ ber loth, they send Cesnock and Mr John ltae to the Bass. October 1 3th, I find the council order the witnesses against Cesnock to be continued still in prison, and they are allowed sixpence a day. What they ex¬ pected from these witnesses, or for what ends they were so long detained, I cannot say : only we shall find that Cesnock was afterward forfeited, and his estate given to Melford. In all this matter this gentleman hath nothing relative to the plot laid to his charge, though that was the alleged ^ ^ cause of his imprisonment. I return now to the rest of his fellow- prisoners, as far as I have materials. April 1st, I find a petition presented from the earl of Loudon, who was delated with the pri¬ soners formerly named, bearing, “ that he being cited to compear before the lords of the justiciary the eighth of April instant, to answer for alleged crimes contained in his dittay, but being forth of the kingdom at the time of the dittay, and yet is, and in a very sickly and distressed condition, crav¬ ing that his diet may be deserted, or a competent time, wherein he may appear, granted as they think fit.” And April 8th, George lord Melvill petitions much in the same strain. The deliverance of the coun¬ cil as to both, is, “ the lords Loudon and Melvill being forth of the kingdom, upon their petition it is recommended to the lords of justiciary to prorogate the day, that they may be in case to find caution or appear.” That same day I find from the justiciary re¬ cords, April 8th, criminal letters against James earl of Loudon, George lord Melvill, Sir John Cochran of Ochiltree, and John Cochran of Waterside his son, were read, as duly executed. I observe very little in them as to the English plot, and when that failed, our managers trump up processes, near five years after the pretended facts upon the head of Bothwell. The criminal letters are too long to be insert. In short, they allege that the earl of Loudon met with some disaffected gentlemen and preachers at Temple-holm near Galston in June 1679, and treated anent the said rebellion, and afterward corresponded with rebels. As to the lord Melvill, it is alleged, that though he was with his majesty’s army, June 1679, yet he sent John Miller of Waterhaugh from his majesty’s camp, to Mr John W elsh, and other ringleaders of the rebels, with letters, commissions, or verbal orders, giving an account of the strength of his majesty’s army, and their numbers, and received returns from them who were concerned in the rebellion. That Sir John Cochran conversed with Mr William Gilchrist preacher, who was in the rebellion, heard him preach after Both¬ well, with Mr Robert Miller, at Ochiltree, 94 THE HISTORY OF THE SUFFERINGS [BOOK III. that he carried the said Gilchrist to i r*QzL ^ ‘ England with him. that he harboured and reset Mr James Brown, a notorious re¬ bel, actually in the said rebellion. And John Cochran of Waterside is charged, that he did associate himself on the day of June, 1679, to the laird of Barscobe with a party of rebels of live or six hundred, mounted his horse, and rode with them, and supplied them with wine and other provisions. This is the substance of the criminal letters. The lords being informed that the earl of Loudon is sick and out of the country, and the Lord Melvill likewise abroad, and having a recommendation in their favours, continue the process till November. And November 10th, I find by their books, the earl of Loudon and lord Melvill indicted for contriving the death of his majesty, and his royal brother, and for a design to subvert the government ; as likewise their accession to the rebellion 1679, and harbour and reset of rebels : and being this day called, and not compearing, the lords decern and adjudge them the king’s rebels and fugitives, and to be put to the horn. And the lords continue the process of forfeiture against them till March 17th next to come. And in their diet April 8th, Sir John Cochran and his son are ordered to be denounced fugitives. And yet next day they have their process before them. April 9th, the lords of justiciary continue the process of forfeiture against Sir John Cochran of Ochiltree till the second Monday of July next. But I have observed no more about him in the registers this year, and go forward to his son. “ Anent the criminal lettei's, against John Cochran of Waterside, the lords sustain that part of the indictment relevant, that he was with the rebels at Cumnock at a rendezvous when they were in arms, to infer the pains of treason, and remit it to an assize.” The assize are, the earls of Dunfermline, Linlithgow, Tarras, lord Duft'us, Sinclair, Blantyre, and some gen¬ tlemen. And the assize protest for the preservation of their privileges as peers, which is admitted. The witnesses are adduced ; and one depones he saw Water¬ side with the rebels at Cumnock, at the Bar-hill when rendezvousing, but was at some distance, and did not hear him speak¬ ing with Earlston and Barscobe. Another depones, that he saw Waterside walking among the rebels, as he thought, with a small sword. Another depones, that Waterside spake for him to the rebels, and got him leave to go home, that he might return again to them. The assize find him guilty of the crime of treason, and the lords ordain him to be executed to death, and demeaned as a traitor, when apprehended. To return again to the gentlemen sent down prisoners from England, I find, April 8th, “ the lords of his majesty’s privy council having considered a representation by his majesty's advocate, that in August last, they had ordered him to pursue a process of treason against the earl of Loudon, and the others above-named, and that before his majesty’s letter allowing warrant for examining witnesses previously; desiring that warrant might now be granted to the justices for examining witnesses as to these forenamed persons. The lords grant order and warrant for previous examination of witnesses against the forementioned persons, or such of them against whom his majesty’s advocate is ready to insist.” What was found in this examination I know not, but it would seem nothing of conse¬ quence appeared: for, April 17th, the council allow the lairds of Rowallan elder and younger, to be liberate, upon a bond of two thousand pounds sterling, to appear when called; and they permit Cesnock elder and younger, Brunsfield, Jerviswood, and Crawfordland, to have the liberty of free prison. Whether the two I am to name were again made close prisoners, I know not ; but, September 13th, upon a petition from William Fairly of Brunsfield, and Crawfordland, that they have been fourteen months prisoners, and nothing proven against them, craving liberty, the lords allow them the benefit of open prison. This is all I meet with concerning these gentlemen, except Mr Spence, Mr Carstairs, and Jerviswood, whom I come now to account for. I begin with the severe treatment of Mr William Spence. He had been secretary to the earl of Argyle, and had the testimony from him, when going to the scaffold, that CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 95 lie had been a faithful servant ; he was dealt the more harshly with upon the account of his master. By the council- registers, I find him in the irons, April 22d this year, and it is the first notice taken of him. If he hath been in the irons ever since his coming down from England, it was heavy enough treatment, and I see no ground to suppose otherwise, since that day “ the council allow Mr William Spence to be taken out of the irons, but kept close prisoner.” Upon the 24th of July, the council make an act for Mr Spence's being examined by torture, and agree upon queries to be put to him in the torture, which the reader hath, as to the substance, printed already with Jerviswood’s case, and I shall not swell this work with them. He endured the torture with much patience, and made no discovery to the satisfaction of his examiners. But I cannot but insert here a most barbarous and unprecedented method taken with this good man, next day but one after he had endured the tor¬ ture, and it is a full proof of the inhumanity of the managers, and a step every way peculiar to this period, not only cruel in its nature, but illegal, since all who write upon torture agree, that the enduring of it purges from suspicion of all crimes ; and t is the last trial ought to be made in the nost extraordinary cases, and consequently mght not to be repeated, far less changed ;o a more inhuman and barbarous kind. The best account I can give of this, is by nserting the council’s act for watching Mr William Spence, next day save one ifter his torture. Edinburgh, July 26th. “ The lords of his majesty’s privy council, >eing certainly informed, and, by missives inder the late earl of Argyle’s hand, un- lerstanding, that there hath been a most reasonable correspondence kept by the aeans of Mr William Spence, now prisoner a the tolbooth of Edinburgh, between the aid late earl of Argyle, and several traitors a England, anent the carrying on of a lost unnatural rebellion in the kingdoms t Scotland and England, and thereby to ring the same into confusion, blood, and lisery ; and the said Mr William Spence being yesterday tried in torture by the boots, and having appeared altogether obstinate and disingenuous, and refused to declare thereanent upon oath, (albeit it was declared by his majesty’s advocate, in the name of the king and council, that what¬ ever he should say or depone in the premises, should not militate against him¬ self.) The said lords being resolved to use all methods necessary to bring the said Mr William Spence to a true and ingenuous confession, and for expiscating the truth in so important a matter, do recommend to general Dalziel forthwith to call for the said Mr William Spence from the magistrates of Edinburgh, (who are hereby ordered to deliver him to such a party as the general shall think fit) and to cause such of his majesty’s forces, officers, and soldiers, as shall be found most trusty, to watch the said Mr William Spence by turns, and not to suffer him to sleep by night or by day ; and for that end, to use all effectual means for keeping him still awake, for the effect foresaid ; and ordain the persons so to be intrusted, to take peculiar notice in writ, of what the said Mr William Spence shall declare in the premises, to be reported by the general to the council or committee.” Remarks upon this need not be made; they will endeavour first to distemper this good man, and then, if he shall fall into ravery and lose his judgment, they will write down what he says: and whether this be greater cruelty or folly, it goes be¬ yond my power to determine. However, after all this barbarous treatment of Mr Spence, for many days and nights, they got nothing they could make any thing of. I can only add, that August 17th, the council make another, I may say a third, act, for his torture : it seems it was just to force him to petition, as I find he does, and promises to make a free and ingenuous confession of what he knows in this matter, (understand¬ ing from his friends, that he was capable of discovering nothing but what the govern¬ ment already had from other hands) upon security given him for his life, and that he should be no further tortured. This they grant. And, August 19th, Mr Spence upon oath makes a declaration, in substance pas- THE HISTORY OF THE SUFFERINGS [ROOK III, 96 . sing what relates to the earl of Ar- I 1684. gyle s letters already printed, ‘that he does truly believe there was an insurrection intended within those two years ; as to what is to come, he cannot tell what the people abroad may be doing ; that he had often heard of designs and associations, but that they were directly intended to hinder the duke his succession to the crow n, he cannot say ; for all that he understood was pretended for the ground of any designs of arms, was the defence of the protestant religion, and lib¬ erties of the kingdom ; and if against the duke his succession, only in so far as that might be prejudicial to these; and that he thinks, upon the king’s death, troubles may probably arise.’ ‘August 21st, After Mr Spence’s declaration, the council, by their act, declare, ‘ that they fully ex oner him of all the premises, and declare, that none of the foresaid letters, nor his testimony, shall be adduced against, or prejudge any person delated by him, nor prejudge him any man¬ ner of Avay ; and thereto the lords interpone the public authority of the kingdom.’ Perth, Cancel. No more offers from the registers, anent this worthy person ; but that after such a complication of unaccountable sufferings, September 13th, the council remove Mr William Spence and Mr William Carstairs, to Dumbarton Castle, and allow them lib¬ erty within the walls. The council ad¬ journing till November, many of their mem¬ bers being to go to the country, and to be at circuits, the committee for public affairs manages all in the interval. I come now forward to give some account of the sufferings, torture, and severe treat¬ ment of that truly great and good man, the reverend Mr William Carstairs, this year. This extraordinary person is so well known through Britain, and, I may say, all the re¬ formed churches, for his shining piety, his universal and polite learning, his candour and integrity, having the character of a truly honest man, from that great judge of men king William, and being in providence but lately removed to his Master’s joy, leaving behind him a most savoury remembrance of his constant and indefatigable services for Christ, souls, and the good of the church of Scotland, that it is needlessfor me to say any thing of him, to those who are now on the stage ; but I wish some lit hand would be so kind to posterity, as to give us a just account of this excellent person. The hardships he met with will be a lasting blot upon this pe¬ riod. That I may give as large and yet succinct accounts of his sufferings this year as I can, I shall begin with a letter he was pleased to write to the Author of this His¬ tory, a very little before his death, which he allowed him to publish, and I promise my¬ self it- will be very acceptable to many readers; and then I shall give, what I meet with anent him in the registers, and other certain documents. I begin with his letter to me, which was among the last ever he wrote. “ DEAR BROTHER, “You put me upon a business, which, though it be of that nature that I ought to do something in it, yet it is uneasy to me to think upon it ; but I shall give you a very brief account of some of the chief par¬ ticulars of it, in so far as I remember. “ I was taken at Kenterden in Kent, the Monday immediately after the execution ' of that great and honourable patriot of his country, my lord Russel. The chief thing which exposed me to danger at that time, was the suspicion they had that I was Mr j Fergusson. I was admitted to bail for some days ; but so soon as they had a re¬ turn from court, 1 was committed prisoner to the common gaol of the place, no bail being allowed to me, though I was accused of nothing but of refusing the oaths, one of which had been then expired by law, viz. the Oxford oath. I continued there for a fort¬ night, when I was sent for by an officer of the guards, to be brought up to Londom which accordingly I was, and committed for two days to the hand of a messenger. During which time, Sir Andrew Forrester j came to me in the name of king Charles II. : offering me a pardon and all kindness, if I would tell what I knew in that matter. He told me, that the king did not at all be¬ lieve that I would be concerned in any such practice as the assassination of his person, but because I might hear of it upon occa¬ sions, he desired to know if I did ; and 1 gave Sir Andrew such answers as 1 though w ere proper for me in the circumstances Published h' Black u . FiiUarton P Cc Glasone- Sc A.TnlLzrton Sc C° Edinburgh. CHAT. VIII.] OF THE CHURCH OF SCOTLAND. 97 was in. He very earnestly, yet very civilly, besought me to make a discovery of that plot, as to other things of it. Which shows the falsehood of what wras positively assert¬ ed in an account given in the name of the king and duke of York, as to that matter; which is, that never any hopes of favour were offered to any to induce them to con¬ fess. I was afterward called before a com¬ mittee of the lords of the council, and not giving them that satisfaction which they expected, I was sent close prisoner to the Gate-house : in which time, I was called twice out to be examined ; at one of which, if not at both, was honest and worthy major Holms, who was a prisoner in the Gate¬ house too, and had been a friend and cor¬ respondent of the earl of Argyle, to whom I was desired to give a cypher of names to correspond with, to which I added severals with my own hand, which was well known to the earl of Melford, which afterward proved1 not a little prejudicial to me ; for it was found among his papers when he was seized : he also told the lords of the coun¬ cil, that I had told him, that there had been some consultations as to the lending money to my lord Argyle. “ I continued in the Gate-house eleven weeks, close prisoner, looking upon myself as absolutely secure, under the protection of the plain law, of the act of habeas corpus, against being sent to Scotland : and there¬ fore I did, in the first of Michaelmas tenn, petition the court of king’s bench, for being brought to my trial, or admitted to bail. But the very day after, I was ordered to be ready for Scotland in twenty-four hours, to be there tried for crimes commit¬ ted in that kingdom, though I neither was, nor could possibly be guilty of any crimes there, not having been for several years there, but passingly. “ Accordingly 1 was sent to Scotland in his majesty’s kitchen yacht, with several other worthy gentlemen of my country, and was with them committed to the tol- bootli of Edinburgh, where I was close prison- * “ An anecdote relative to his imprisonment ought not to be omitted, as he used to take great pleasure in relating it himself. One day not long after his commitment (to the castle of Ed¬ inburgh) a boy about 12 years of age, son to • Erskine of Cambo, lieutenant governor, in the IV. er for several months.* During that ^ ^ time 1 was only once examined, as far 1 as I remember : but sometime after, we had the favour of open prison, till some of our great men, who were gone in that interval to court, returned to Scotland, and popish counsels then prevailing there, we were all .of us shut up close prisoners again. Mr William Spence, a faithful friend and ser¬ vant of the earl of Argyle’s, was pitched upon to be examined first ; and upon refu¬ sal to give satisfaction to what was proposed to him, as to the decyphering of some let¬ ters of the earl of Argyle, he was put to severe tortures, one after another, in the thumbkins, kept waking for several nights and days, and the boots. At last, finding, as he judged, no great matter if he should decypher the letters, and that no great pre¬ judice would arise, as he imagined, to the earl of Argyle, or his friends, from his doing so, he was prevailed on to decypher them ; but unhappily for me, there being several names of the cypher mentioned in that let¬ ter, some of which I was expressed by course of his rambles through the court, caiiae to the grate of his apartment. As he always loved to amuse himself with young people, he went to¬ wards the grate and began a conversation with him. The boy was captivated with the gentle and engaging manner in which he accosted him ; and mightily pleased with his first interview, he resolved to cultivate his new acquaintance. In a day or two after, he returned at the same hour to the grate, and in the course of a few visits of this kind, he conceived the strongest attachment to the prisoner — would sit by him for hours, lamenting his unhappy situation, and telling a thousand stories to diveit him. He would sometimes load his pockets with provisions of dilferent sorts, and oblige him to partake with him. At other times he would purchase for him pen, ink, and paper ; and when he had wrote his letters he would come at night, and carry them to the post-office himself. He was quite unhappy, if Mr Carstairs had no errand to send him, or no favour to ask. 'This intimacy subsisted so long as Mr Carstairs remained in custody ; and when their intercourse was broken off by his release, the separation was attended with tears on both sides. It was not many years before Mr Carstairs had an opportunity of testifying his gratitude. One of the first private favours he asked of king William was — that he would bestow the office of Lord Lyon upon his young friend to whose humanity and kind offices he had owed his chief consolation in his deepest distress ; and he obtained this re¬ quest with the additional gratuity that it should be hereditary in the family. He did not how¬ ever live long to enjoy it in his own person ; and his eldest son forfeited the succession by engag¬ ing in the rebellion 1715.” Life of Carstairs by McCormick. —Ed. N 98 THE HISTORY OF THE SUFFERINGS [BOOK III. which he did not know, but the earl of 1G84. ]yjeifor(j} w]10 was in the government* knew them, fi»m the cypher above-mention¬ ed, wherein were several names writ by my own hand. Upon this decyphering, I was ordered that very evening to be put into the irons, in which I continued for three weeks. In which time the earl of Melford came to me, and earnestly dealt with me to confess what I knew in that matter, and offered me conditions that many in my cir¬ cumstances would have thought very great, particularly two. That I should not be obliged, after a month or five weeks’ time, to answer any questions that should be pro¬ posed about that affair, except what 1 should be myself pleased to say about it ; and that nothing that I said should be brought di¬ rectly or indirectly against any man in trial that I should mention. I do acknowledge these conditions were staggering- to me, considering that I could not well see how I should be able to go through a constant torture during my life : however I did re¬ solve through divine assistance to adventure upon the torture ; rejecting at that time the conditions which Melford had difficultly obtained for me from the privy council. My reasons were, because I imagined, if I could once endure so severe torture, either the lords of the council would have some regard to my character, and not put me fur¬ ther to torture, or what I suffered might throw me into a fever, and so I might be car¬ ried off the world ; for I can declare, that death, either by a sentence or any other violence, wherein my own hand was not concerned, would have been welcome to me.” “ I wras brought before the privy council in England, and some depositions of major Holms and Mr Shepherd were read against me ; but neither of them was ever confront¬ ed with me, though one of them had been so with some of our countrymen upon that occasion. When I came to Scotland in company with several other worthy gen¬ tlemen of my country, and was committed, as I said above, prisoner to the tolbooth of Edinburgh, I was at last brought out about noon to the council, about a fortnight or three weeks after Mr Spence’s decyphering the letters, and told by the lords of privy council, that I must either answer upon oath such questions as they gave me, or go to torture while I breathed. And indeed chancellor Perth had told me a few days before, that I had refused so many singular favours that had been offered to me beyond any prisoner, that before God I should be tortured, and never a joint of me left whole. When I was called in before the council, the declarations of Major Holms and Mr Shepherd were read against me. I told them, that I could say nothing to them, be¬ cause I had never been confronted with them, which was a plain evidence that they had said things against me, which they would not have had the confidence to have asserted had I been present; but that wras over-ruled. Then I was urged to answer upon oath the questions that should be pro¬ posed to me. I told them, 1 would not do that in matters which were looked upon as criminal. They told me, that it should be presently enacted, that nothing that I said should ever militate against me, nor should they inquire whether what I answered were true or false. I said it was a bad precedent, and I was not willing to begin it. Then I was asked, what reasons I had why I should not be tortured. I answered, I did humbly judge that I could not be any ways tried there, for the order, by which I was sent down to Scotland, was express, that I should be tried for crimes commit¬ ted against the government in that king¬ dom; and I desired to know if my lord advocate had any thing to charge me with of that nature. He declared, he had not ; but that now I was in Scotland, and if I had been guilty of contriving against his majesty’s government at Constantinople, I might be tried for it. I told them I thought it was true, but that the crimes I was accused of, were said to be committed in England, where his majesty’s laws were equally in force for the security of his government, as they were in Scotland, which at Constanti¬ nople they were not. But this was over¬ ruled, and yet this was a notorious and un¬ just breach of the law of the habeas corpus act, which was made expressly for the se¬ curity of the liberty of Scots and Irish men. Then they asked me, if I had any further to offer against being tortured. I told them, that I did not pretend to any skill in law, CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 99 but that I was informed, that semiplena probatio was necessary in order to torture, which was not in my case ; for neither the depositions of these at London, nor what was said in my lord Argyle’s letters, did amount to any such thing'. They told me, presumptions were enough to warrant tor¬ ture. Then they asked me again, if I had any thing further to say why I should not be brought to torture. I told them, I had only an humble petition to them, that I might meet with no greater severity in my own country, than the laws of that in which the crimes I am accused of are said to be committed, do allow of. “ After this communing the king’s smith was called in, to bring in a new instrument to torture by the thumbkins, that had never been used before. For whereas the for¬ mer was only to screw on two pieces of iron above and below with finger and thumb, these were made to turn about the screw with the whole hand. And under this torture I continued near an hour and a half. In the meantime the torturing by the boot was tried, but the hangman being newly come on, because the former was in prison for some crime, he had no skill, and therefore it was put off till the next day. I do acknowledge I was much afraid I should not have been able to go through with that scene of torture; and if I had not, I was miserable, for I should have been brought to speak against every man they had mentioned, but God ordered it kindly otherwise, and the next day I had conditions offered to me afresh. Now as to the whole of this unpleasant subject, I do declare, that this affair is, so far as I was concerned in it, as to any consultations, no further than to discourse as to what might be proper to be done for securing our religion and lib¬ erty, from the dangers that they were then in, without any design against the royal persons of the king and his brother, or the government by monarchy ; and that some thing was done among the Scots, as to the sending down a gentleman to discourse upon that head, with some others here. I should be guilty of the most horrid in¬ justice if I should accuse any of the worthy gentlemen of my country that were my fellow-prisoners, or any of the English dissenting- ministers, of having the least knowledge of, or concern in the abominable assassination olf the king or his brother ; for I did then, as I do now, abhor such practices, nor can I to this hour tell really what was in that matter that makes such a noise ; for nothing in my maimed depositions that are printed, hath any re¬ gard to any thing of that nature, except as to what Mr Ferguson and Mr Shepherd did say, for which they alone are to be an¬ swerable ; and I must also say, that Mr Shepherd did own his abhorence of such practices. “ And now, brother, I shall conclude what I have to say upon this subject, ‘with the great injustice I met with in being sent to Scotland, in open violation of the plain law of habeas corpus, which was only designed to make way for my torture ; and the no¬ torious breach of the public faith, as to the conditions that I had, by which no person was directly or indirectly to be mentioned in any trial as to that matter, nor any thing in my depositions was to be adduced against any person, which condition was openly violated, and this is acknowledged to have been so by the late earl of Cromarty under his hand, as is to be found among the re¬ cords of Parliament. I was indeed earnest¬ ly urged to oblige the then king so far, as to appear and answer some questions before the judges when they were set, and that no person should be confronted with me. To which I replied, that the saying any thing before judges when sitting, might be of some consequence, and through God’s strength I would rather undergo many deaths than accuse any of these worthy per¬ sons. I cannot but also acquaint you, that 1 think it was a hardship put upon me, to print my depositions as they stood, because they were very lame, since simple answers to the questions are only set down, and neither the question that gave a rise to the answers, nor the just extenuations as to persons and things which I gave in my an¬ swers. Which had they been published, it would have been found from what I said, that there could be no reason given why that affair should have been prosecuted with so much cruelty and violence. And having had a liberty from the lords of conn- 100 THE HISTORY OF THE SUFFERINGS [BOOK III. oil to go abroad, but was enjoined to ,v ' w ait upon tlie secretaries at London, upon which I told some of our lords, that I n as afraid that might have very ill conse¬ quences, lor if I should be brought before the king, I would say the same things to him in the extenuation of that affair, which I had said to them, which could not justify the me¬ thods that had been taken in prosecuting the nobility. But Mrhen I came to London, and had waited upon my lord Melford and told him this, he told me, the less the king heard of me or saw me, it would be the better ; and that therefore it Mas his advice to me to go abroad and live quietly, and offered me a pass, which I accepted, and l accord¬ ingly went abroad. I am, &c. “W. Carstairs.” This letter sets this excellent person’s case and sufferings in a due light, and I am only sorry that he had not time and leisure to enlarge upon the base manking of his depositions, and to insert the just extenu¬ ating circumstances he was careful to give of every thing ; and how these depositions M'ere printed I cannot say, this reverend and candid person declares them miserably curtailed and maimed; and it seems the managers have been sensible of this, and therefore they have not insert them in the registers, but there is a blank for them of two pages. 1 come now to give what I meet with in the council-records, with re¬ lation to this extraordinary person, and 1 shall likeM'ise intermix some things from other authentic documents before me, which will in some measure help to make up M'hat is wanting in his printed depositions. Mr Carstairs is not named in the regis¬ ters of council, after his coming- down, till September 5th, and it seems, from August 19th to this day, he had lain in the irons ; and now the council, according to the chan¬ cellor’s threatening in private, come to pass an act in the forenoon sederunt, the tenor whereof follows. Act anent Mr William Carstairs’ torture , Edinburgh , September 5th, lGS-k “ It appearing that Mr William Carstairs is concerned in the late conspiracy, and there being pregnant presumptions of his knou- ledge of this atrocious villany, to the effect that the whole plot may be known, and the truth expiscated ; and having called the said Mr William Carstairs, he would not answer and depone thereanent, albeit it was allow¬ ed by the advocate, that what he declared or deponed should not militate against him. The lords of his majesty’s privy council considering, that thereby he renders him¬ self most suspect, do ordain that Mr William Carstairs be questioned in torture this af¬ ternoon, upon the questions agreed upon in the council, and appoint one of the bailies of Edinburgh to be present, and the execu¬ tioner.” Follow the interrogatories to be put to the said Mr William Carstairs, which were read in council, and approval of by an unanimous vote. “ 1. Who were the persons, where, and upon what occasion, that did first acquaint you with this conspiracy or association ? “ 2. What persons in Scotland or Eng¬ land do you know to have been concerned in the said conspiracy ? “3. Who were the great managers, or agi¬ tators of this intended insurrection ? “4. W ho M as to contribute the money to be transmitted to Argyle, to buy arms ? “5. Where were they to begin the insur¬ rection, and whom did they look upon as most friendly to their cause in the kingdom of Scotland? “ 6. How long have you been acquaint with Mr Fergusson, and how oft have you been in company with him, Sir John Mon¬ ro, Sir John Cochran, Commissary Monro, Bailie of Jerviswood, and the two lairds of Cesnock, together, and who other Scots or English used to meet Mrith you? “ 7. What was the carriage, or accession to this conspiracy, or any part of it, of Bailie of Jerviswood, the two Cesnock s. Com¬ missary Monro, or any other Scotsmen ? “ 8. Was the ten thousand pound, or any part of it, remitted to Argyle, or uras there any arms bought or bargained for? “ 9. What place in Scotland did Argyle intend to land in, and make a descent? “ 10. What correspondence did Argyle keep with any in Scotland ? “11. What concern in this conspiracy CHAR VIII.] OF THE CHURCH OF SCOTLAND. 101 had the carl of Loudon, the lord Stair, the lord Melvill, and Sir John Cochran ? “12. At your last being in Holland did you not see or understand, that A r gyle con¬ versed or corresponded with Loudon, Stair, and Melvill, as likewise with the English conspirators who had tied to Holland, par¬ ticularly with the lord Gray, Sir Thomas Armstrong, Mr Fergusson, or Mr Vane ? “ 13. What letters were those which Holms depones he showed you from Argyle, and what was the contents and design of them ? “ Id. What was the contents of the letter you carried to Argyle from Holms, by or¬ der and direction of the duke of Monmouth, and lord Russel, and what message was it you carried to Argyle from Monmouth and Russel ? of this letter you may particularly remember, it being about a month before major Holms was taken. “ 15. What persons of consideration were they, who, as you told major Holms, had proposed to raise at first thirty thousand pounds, and some other sum, and at last agreed to remit ten thousand pounds to Argyle, or some sum or other ? “ 16. What messages were those you came so oft upon from Jerviswood to major Holms and Mr Shepherd, ancnt that money to be remitted to Argyle ? “ 17. Did you not see Mr Spence, alias Butler, waiting on Argyle, at your last be¬ ing in Holland with him ? “ 18. Are you acquaint with Mr Lenzien- son Gore of Kenterden, where you was apprehended at Mr Carteise’s house, under the name of Swan, and if he be concerned in this conspiracy ? “ 19. What do you know of Aaron Smith’s being sent down to Scotland, and to whom he was directed ? “ 20. What do you know of any of your countrymen’s transactions with the late Shaftsbury, colonel Sidney, or with the duke of Monmouth ?” In the afternoon the same day, Septem¬ ber 5th, the council called and interrogated Mr Carstairs, “ If he would now answer the queries upon oath ingenuously. He still shunned so to do, albeit the advocate declared what the said Mr Carstairs depon¬ ed should not militate or operate ^ against him in any manner of way> whereunto the council assented. The council called for one of the bailies of Edinburgh ; and the executioner with the engines of torture being present, the lord chancellor commanded the bailie to cause the executioner put him in the torture, by applying the thumb-screw to him, which being done, and he having for the space of an hour continued in the agony of torture, the screw being by space and space stretch¬ ed until he appeared near to faint;* and being still obstinate and refractory to de¬ pone, the lords thought fit to ease him of the torture for that time, but certified him that to morrow at nine of the clock, he would be tortured by the boots if he re¬ mained obstinate.” September 6th, “ The lord treasurer-de- pute, appointed to confer with Mr William Carstairs for bringing him to an ingenuous confession, upon the interrogatories yester¬ day put to him in torture, reports, that he was content to depone thereupon, and be ingenuous upon the terms mentioned in a paper exhibited by the lord treasurer-de- pute. Which paper being read and consid¬ ered, was unanimously voted, and an act made thereupon, and the lord treasurei-de- pute was authorized to give his word of honour to Mr Carstairs, for performing of the council’s part of these articles contained in the paper relating to them, he always performing his part ; and he is ordered to the castle, and none are permitted to speak or converse with him, and particularly Mr William Spence is not to be suffered to see him. And a surgeon is allowed him in or¬ der to his cure.” All I meet with in the council-books further upon this subject, is, Messrs Williaixi Spence and Carstairs are, September 13th, removed to Dumbarton castle, and allowed liberty within the walls. And September 30th, Mr Carstairs is ordered from Dum¬ barton to Stirling castle, and to be at large * The instrument by which Mr Carstairs was thus inhumanly tortured is still in the possession of one of his lineal descendants, Alex- anderDuniop, Esq. of Keploch, Dumbartonshire, the great-great-grandson of the venerable prin¬ cipal Dunlop of Glasgow. — Ed. 102 THE HISTORY OF THE SUFFERINGS [BOOK III. within the walls of it. And im- mediately after this, upon the foot of the page 517, of this volume, there is a paper pinned to the leaf, upon which is writ as follows. “ The lord Lundin secre¬ tary of state, as commissionate in the act above, did send in the underwritten certifi¬ cate to the clerks of council, dated at Barnton October 1st 1 684, the tenor where¬ of follows. Whereas his majesty’s honour¬ able privy council authorized me upon the terms mentioned in the foregoing act, to be fulfilled by Mr Carstairs, to promise upon my word of honour, to procure him the conditions and indemnity therein mentioned ; these are therefore to testify to all concern¬ ed, that the said Mr Carstairs hath fulfilled his part, by answering upon oath all ques¬ tions proponed to him preceding this day. In witness whereof these presents are subscribed. “ Drummond.” “ In obedience to which act and certificate, the clerks of council delivered to the said Mr William Carstairs the act of council, of the date of the sixth of September.” And then in the register there follows a blank for two pages in folio. Whether this was left to be filled up with the deposition of the Reverend Mr Carstairs, and its being printed in so lame and maimed a manner prevented its being filled up, or, after it was printed in so unfair a manner, that they were ashamed to insert in the registers a just copy of his deposition, with the cir¬ cumstances and extenuations he gave upon oath, or what the occasion was, I cannot determine ; but thus it stands in the council- books, and I find no more with relation to him. That I may give the reader all I have further concerning Mr Carstairs, I shall add an account given by himself in a letter to his friends at the time of his depositions, for preventing, as he tells them, of lying aspersions upon himself, and satisfying them as to his conduct in this matter. The reader will observe, that the council, in their act of the sixth of September, deal not so fairly as to insert the paper of con¬ ditions agreed to by their delegate and Mr Carstairs, which they ought in justice to have done, seeing these conditions were so unanimously approven : and, as I hinted before, they record nothing of what passed at his examination, September 8th. It is the more necessary I insert the conditions Mr Carstairs obtained before he would give his declaration upon oath, as to the interrogatories above named. In his present circumstances, and after he had gone through the torture, he essayed to get the best conditions possible, that any thing he should say should do no harm toothers, and by his candour, precaution, and prudence he obtained from the secretary the following conditions which were signed by them both, and, upon the public faith of the kingdom pledged in them, he prevailed with himself to give his deposition. Conditions Mr Carstairs had, Edinburgh castle, 1684, under the secretary's hand. “ That Mr Carstairs answer all interroga¬ tories that shall be put to him, betwixt and the first of October next, upon his great oath. The which being done, he shall have his majesty’s full pardon and remission, for his life, limb, fortune, estate, and fame. That he shall never be brought as witness against any person or judicatory, directly or indirectly, for any thing con¬ tained in his answers. And further, that the said Mr William Carstairs shall never be interrogate in torture, or out of the same, concerning any thing preceding the date of this paper, after the day above- mentioned, except he himself shall be delated as accessory, and that accession to be after the date of this, or his remission. And whereas the council, upon the con¬ siderations abovenamed, hath, by their act September 6th, authorized me to give my word of honour, and solemn promise, that so soon as the premises are fulfilled by Mr Carstairs, I shall deliver him the coun¬ cil’s act in those things, and in a convenient time thereafter, not exceeding a month, his majesty’s pardon, in ample form, above ex¬ pressed : therefore I, by my promise, give my faith to Mr Carstairs, in manner above expressed, time and place above said.” His depositions, without his knowledge, and to his grief, and scarce agreeable to CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 103 these conditions, were, in a few hours after they were made, printed by the managers, and crying in the streets of Edinburgh. Mr Carstairs’ candour was singular, and such unfair dealing never entered in his mind, otherwise he would have taken care to prevent it, if conditions would have bound those people, as indeed they did not. These printed depositions are lame, maimed, and unfair, as we have seen Mr Carstairs declaring, and therefore I shall not reprint them again ; they are in every body’s hand, and have been too often printed already. It was yet a great deal worse in the ad¬ vocate, to adduce the printed copy as an adminicle in Jerviswood’s trial ; and the reason he gives there for this, is but mere juggling, that though it was capitulate, he (Mi- Carstairs) should not be adduced as a witness, yet it was agreed, the depositions should be published. If the advocate mean any agreement among the council, it is perfect j uggling ; if he mean an agreement with Mr Carstairs, that worthy person, while alive, still disclaimed this : and we see it is far from beinof in the con- ditions, but rather the plain contrary ; for it was a poor matter to Mr Carstairs, not personally to be adduced as witness. If his declarations emitted were to militate against others, he reckoned he was made a witness ; and this was certainly an indirect making him a witness : and it appears most evidently from Mr Carstairs’ own letter, that one condition offered him was, ‘ that nothing he said should be brought directly or indirectly against any man in trial.’ And when he was solicited to appear before the judges, his answer was, ‘he had rather undergo many deaths, than accuse any of those worthy persons.’ So that upon the whole, I cannot but suspect that article in Jerviswood’s printed trial, page 23. where Mr Carstairs’ depositions are said to be renewed upon oath, the 22d of December, in presence of his majesty’s privy council, as being directly contrary to the second and third conditions granted him. I find nothing of it in the council-registers. Many reports were spread, and lying stories told, as if Mr Carstairs should have spoken many things to the disadvantage of the noblemen and gentlemen about whom he was interrogate ; which, with what fell out in Jerviswood’s trial, grieved him exceedingly, and he wrote a letter to his friends about this time, from which I shall give a few more hints, passing many things already noticed, and with them end my account of this worthy person. “ He testifies his abhorrence of any design against the king or duke’s life; that all his countrymen with whom he spake, were free of any design against the king or government, and that he frequently told the lords who came to him, this whole affair upon which he was questioned, amounted to no more than talk, without so much as any formed design, and even talking was much broke off, before the discovery of the plot. He showed them how unwilling he was to bring any man to trouble, and that it could not but be very grievous to him, to be forced to speak of any who had trusted him as a friend, especially when the business never came to any bearing, or to that height as to be any way prejudicial to the government. “ As to the objection made against him, that he had been so particular in his confessions, he says, that could not be escaped, his interrogatories were so particular, and he upon oath.” We have before noticed, how his extenuations were omitted ; he adds, “ that he had declared as to my lord Melvill, his great aversion to be any way concerned in that affair ; and so fair was he, that he acknowledged he himself was the person, who, with difficulty, prevailed with my lord, to come to the meeting. As to old Cesnock, he said, he was a man so cautious, and of so few words, they knew not what to make of him ; that his son was much upon the reserve ; that he had nothing to say of the lord Stair, and did not think he had any knowledge of their meetings, and that he had never spoke with him upon that head : he commended Mr Stuart much for his peaceable temper, and acknowledged his correspondence with him. “That he had never conversed with the duke of Monmouth, and what was in Holms’ declaration was a mistake ; and, for any thing he knew, the duke rather discouraged as encouraged the affair; that Mr Carstairs was much a stranger to the methods in Scotland as THE HISTORY OF 1C84 *° ^us*aess’ an<^ could give n0 ' account of any ministers engaged in it. He commended Langshaw as a person very much for moderate measures, and ad¬ dressing the king anent grievances : all this and much more, he says, he signified to the lords of the committee present. In the same letter he regrets, that his depositions were read in the criminal court, and says, that he was so far from knowing of it, that upon hearing of it he went and waited upon some of the lords of council, and represent¬ ed his deep concern on that account, and complained of it as a breach of their con¬ ditions with him ; and that the chancellor (upon reading the conditions) owned before the treasurer and others of the counsellors, that what was done, was indeed a breach with him, an inadvertency, though without any design in the advocate ; that the advo¬ cate himself, when Mr Carstairs waited on him, declared he was indisposed when the council transacted that affair, and did not fully know them. Whereupou Mr Carstairs gave him a copy of them, signifying to his lordship, that he expected the faith given him should have been kept, and he hoped any thing he had confessed should never be heard of any more in public, against any man : and the rather, that when he was called from Stirling castle before the lords, they used many arguments with him, to give a general account before the justice- court, of the substance of his confessions to them ; yet he signified his utter aversion to it, as what would be a witnessing' against all whom he mentioned. And the lords were pleased to tell him, they would rather die than break conditions with him ; which he depended upon. Those things Mr Carstairs desires in his letter, may be used for the greatest advantage of all concern¬ ed ; and says, it was declared by the lords, and believed by him, that what he dis¬ covered was for their private satisfaction, and not at all to militate against any ; and adds, the nature of the thing declares so much, since the interrogatories propounded to him were such as could not well be pro¬ posed in a criminal court, and answered by him in a way he could not well have an¬ swered them as a witness, and in a way of proof, and that the lords still assured THE SUFFERINGS [BOOK III. him they would keep their promise to an ace.’ Thus much I thought necessary for the just vindication of the memory of one to whom the church of Scotland are under ob¬ ligations, whose character is so universally known, and savoury for every good thing, that I say no more of him. The people of this time knew his character, and therefore they were so hard upon him when in their clutches ; and, by breach of condition, ad¬ duce what he had said in Jervis wood’s pro¬ cess, as what they imagined would be of great weight, coming from Mr Carstairs.* This is all the reason I have for insisting1 so long in setting this great man’s sufferings in their due light, and come now forward to those of his dear friend and fellow sufferer. Mr Robert Bailie of Jerviswood, with whose sufferings I shall end this section, was a gentleman who had the testimony of some of the greatest men of this age, whom *“ Mr Carstairs is a presbyterian clergyman, who fled from Scotland, after the insurrection for religion in the reign of Charles II. He was taken prisoner in England upon suspicion of be¬ ing concerned in the intended insurrection for which lord Russel and Algernon Sydney suf¬ fered, and was sent down to Scotland where he underwent a torture. He afterwards retired in¬ to Holland and came over at the revolution with the prince of Orange. He contracted when in Holland an intimate friendship with the earl of Portland ; (William de Bentink then a pri¬ vate gentleman ;) and was in great favour with the prince, who on the revolution made him his chaplain for the kingdom of Scotland, and gave him the revenue of a bishoprick for his salary. He attended king William in all his campaigns, who allowed him £500 each for his equipage. As the king committed the government of Scot¬ land to lord Portland, as his ostensible minis¬ ter, so that nobleman devolved it on Mr Car¬ stairs, all offices of state and other employments being disposed of by his influence. Indeed few Scotsmen had access to the king, hut by him ; so that he was properly viceroy of that kingdom, and was called at court cardinal Carstairs. The queen continues him in office, but he does not concern himself so much in public affairs.” See Carstairs’ state papers, p. 98. This and all other characters quoted in this work from that publi¬ cation, was taken from a manuscript in the lib¬ rary of the earl of Hyndford, supposed to be written in 1704 ; author not known. Mr Carstairs was in 1704 admitted principal of the university of Edinburgh and professor of divinity, and soon after was called to be one of the ministers of that city. In 1705 he was moderator of the general assembly, and again in 1708, 1711, and 1715, and died on the 28th Deer, that year. Few clergymen in the Scot¬ tish church have been more respected than Mr Carstairs. — Ed. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 105 I could name, for one of the best of men, and greatest of statesmen, and so was a very proper object of the fury of this period, and could scarce escape the x'age and malice of the duke of York, and such as were with him carrying on the plot against our reli¬ gion, reformation and liberty. Indeed he fell a sacrifice for our holy reformation, and re¬ ceived the crown of martyrdom, upon the account of his zealous appearances against popery and arbitrary power. I can never consider this great man, and several others in this and succeeding years, of the most judicious and notable of our martyrs, ne¬ glected of design by the collectors of the Cloud of Witnesses, but I must blame their private and party temper. Jerviswood’s trial was published by the managers, and I may perhaps make some remarks after¬ wards upon it. I shall here give some few hints I meet with in the records, with re¬ lation to him, when before the council, of which there is nothing in his printed trial. Through his long confinement, and harsh treatment when in prison, this good man turned very sickly and tender ; and it was reckoned almost certain by all, that had the managers spared this gentleman a few weeks longer, they would have been rid of him by a natural death, and escaped the indelible blot of inhumanity and barbarity to so ex¬ cellent a person. He was evidently a dying when tried before the justiciary, and was obliged to appear in his night-gown before them, and scarce able to stand when he spake; and yet he was kept in the pannel for ten hours, and behoved to take cordials several times ; and next day he was carried in a chair, in his night-gown, to the scaf¬ fold. By the council-books, I find, August 18tli, “ the lady Jerviswood is, upon her petition, allowed to see her dying husband, with the physicians, but to speak nothing to him but what they hear aud are witnesses to.” I am of opinion this low state of his health put the managers at first off the design of processing him criminally; and to secure his estate, while he is dying a natural death, brought on by their maletreatment, they raise a process in order to fine him to the value of £6000 sterl. Thus, August 30th, the council order the advocate to pursue IV. Jerviswood, for resetting, entertain- mg, and corresponding with rebels; and, as far as I can find, he was not able to ap¬ pear before the council when they passed a decreet against him, only he ordered his ad¬ vocate to appear for him. Accordingly, September 4th, the council pass their decreet fining him in six thousand pounds sterling. The decreet is very long, and would take up too much room here. In short, it narrates the libel given in against Jerviswood, which consists mostly of the articles of his printed indictment, upon which afterwards he suf¬ fered, and a charge of his converse and in- tercommuning with the persons who will just now come in ; and then the libel is re¬ ferred to his oath, which he refusing, they pass sentence. The sum of all is this : “ The lords of his majesty’s privy council, having heard and considered the foresaid li¬ bel, and the interrogatories given in by his majesty’s advocate, in order only to an ar¬ bitrary punishment, to which his majesty’s advocate restricted the libel pro loco et tempore, and reserved the other articles of the libel to be pursued as law accords ; and the council having appointed a committee to examine Mr Robert Bailie of Jerviswood, upon the said interrogatories, the tenor whereof follows. 1 mo. Did you harbour or intercommune with Mr Samuel Arnot, Mr Gabriel Semple, Mr David Hume, Mr George Barclay, Mr William Gilchrist, Mr Alexander Pedin, Mr John Hepburn, Mr John Rae, Mr James Kirkton, Mr Alexan¬ der Lennox, Mr David Jamison, Mr Thomas Douglas, Mr Alexander Moncrief, Mr John Welsh, Mr Richard Cameron, Mr Donald Cargil, Denholm of Westshiels, Stuart of Cultness, James Stuart his brother, Mr Thomas Fellings, John Wil¬ son in Lanark, Mr John Menzies of Hang- ingshaw, Michael Lamb in Lanark, David Barclay surgeon in Edinburgh ? 2 do. Did you reset Alexander Tweedie your gardener, after Bothwell-bridge ? And the said com¬ mittee having gone to the tolbootli, and de¬ sired the said Jerviswood to answer upon oath to the said interrogatories, and he having refused to depone, the said lords do hold him as confessed, and guilty in regard of his refusing to depone, reserving to his majesty’s advocate to pursue the other o 106 THE HISTORY OF THE SUFFERINGS [BOOK III. 1 084 cr*mes Celled, and whereof the said Jerviswood is now holden as confess¬ ed, as law accords, and have fined, and fine the said laisd of Jerviswood in the sum of six thousand pounds, sterling money, for the crimes whereupon he is holden as confessed, to be paid to his majesty's cash-keeper for his majesty’s use. Which sentence was intimat¬ ed to Mr Walter Pringle his procurator.” We shall hear more just now of such un¬ accountable fines imposed upon gentlemen, to the real value of their estates, but in a little time the managers go on to hunt for his precious life. September 10th, the council give orders to remove the lady Graden his sister, and the lady Jerviswood from his room in prison, they being inform¬ ed he is recovered of his indisposition. We shall find this was but a very slender re¬ covery, and that afterwards he grew worse, in part, no doubt, from his being deprived of the care of these excellent ladies; and November 6th, the lady Graden is allowed to be close prisoner with Jerviswood, be¬ cause of his valetudinary condition. He continued in prison still weaker and weaker, till December 18th, when I find the king’s advocate is ordered to pursue a process of treason and forfeiture, against Mr Robert Bailie of Jerviswood, to morrow at two of the clock, and Sir George Lock¬ hart of Carnwath, and Sir John Lauder advocates, are appointed to concur with the king’s advocate in the process. I need not again remark, that this was to prevent Jervis wood’s employing them in defence of Lis just rights. However, the time was exceeding short, and therefore, though it seems to be yet the more straitening to him, the libel and indictment were not put in his hands till the 22d. Upon the 23d of December, Jerviswood gives in a petition to the council, showing, “that only yesterday he received an indictment of treason at eleven of the clock, to appear before the justiciary this day at two of the clock in the afternoon, which is so short a time, that the petitioner has got no lawyers consulted, nor time to raise his letters of exculpation for proving his defences and objections against the witnesses, as is allowed by the act of regulation, and the ordinary time in such cases is fifteen days ; and the petitioner at present being so sick and weak, as he is not able to come over his bed without being lifted, as appears by the testimony of phy¬ sicians ; wherefore he humbly supplicates, that the council may prorogate the diet to some competent time, and allow him law¬ yers, viz. Sir Patrick Hume, Mr Walter Pringle, Mr James Graham, Mr William Fletcher, Mr James Falconer, and Mr William Bailie.” The council refuse to prorogate the diet, “ but grant him the ad¬ vocates he seeks, and allow them to plead without hazard, they containing themselves in their pleadings in the terms of law and loyalty, as they will answer at their peril.” This is all I meet with in the council- books concerning Jerviswood. I shall now give the reader an abstract of this excellent person’s trial, from the justiciary records; the principal papers being already printed, I shall only give the substance of them. Upon December 23d, when, as I have alrea¬ dy remarked, this worthy gentleman was in a dying condition, and could not have lived many days, he was carried in before the justiciary, where his indictment is read, bearing, “that notwithstanding conspiring to overturn the government, or concealing and not revealing any treasonable design} project, or discourse tending thereto, or as¬ sisting, aiding, or abetting such as have any such designs, infer the pains of treason by act 3. pari. 1. Jam. I. act 37. pari. 2. Jam. I. and 144 act, pari. 12. Jam. VI. and act. 1. sess. 1. pari. 1. Char. II. and act 2. sess. 2. pari. 1. Char. II. and act 2. pari. 3. Char. II. Nevertheless the pannel traitorously design¬ ed to debar his royal highness his majesty’s only brother, from his right of succession; in order to which he endeavoured to get himself elected one of the commissioners for settling a colony in Carolina, that he might thereby have better access to treat with the earls of Shaftsbury, lord Russel and others, who had entered into a conspir¬ acy in England against his majesty’s person and government, and with colonel Rumsay Walcot and others, who had conspired the murder of the king and his brother, ant went to England himself to push forwari the people of England, who, he said, dii nothing but talk ; and after he had settle' CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 10? a correspondence here, did transact with the said conspirators to get a sum of money to the late earl of Argyle a declared traitor, for raising a rebellion, and did chide the English conspirators for not sending it seasonably. And among many other meet¬ ings at London, January, February, March, April, or May, 1 683, for carrying on the said traitorous design, had one in his own cham¬ ber, where w ere the lord Melville, Sir John Cochran, Cesnock elder and younger, with Mr William Veitcli a declared traitor, and did treat of sending the foresaid money, and the Scots upon attemptingany thingfor their own relief, their gettinghoi’se from England, and sent down Mr Robert Martin from that meeting, to prevent any rising in Scotland till it should be seasonable. Which Robert did treat with Polwarth and others, about securing the officers of state, castles, and for¬ ces in Scotland, and putting their associates in readiness to assist the earl of Argyle. That he did correspond with Fergusson, Armstrong, Rumsay, and Walcot, w ho were privy to the horrid part of the conspiracy : at least he corresponded with the late earl of Argyle, and Mr William Veitcli, declared traitors, wherethrough he was committed, and is guilty of the crimes of high treason and rebellion.” Jerviswood’s advocates pled, that he ought not to pass to the knowledge of an assize, because he had not gotten a citation of fifteen days, and was precluded his ex¬ culpation ; and by act of parliament, all pan- nels before the criminal court are allowed to raise precepts of exculpation, which sup¬ poses a competent time, not here allowed. This the king’s advocate, in his criminals, title Of Libels, allows, and the lords decided it in the case of Robertson 1673, w ho albeit he got his libel in prison, by an interlocutor behoved to have fifteen days. The advocate oppones the constant tract of decisions, and says, that act of parliament is only in cases where a summons or libel is to be raised ; but here there is only an indictment, nor was exculpation sought before the trial, which is the case in the act. However it is plain, decisions can never prove any thing against law. And Jerviswood, as w'e heard, petitioned for exculpation : yet the lords repel the defence for the reasons given by the advocate. It was further al- leged for Jerviswood, that the har¬ bouring, entertaining, arid intercommuning with the persons named is res hactenus ju¬ dicata, and the pannel already fined by the council in a vast sum upon that account. The advocate restricts his libel to the pannel’ s entering into a conspiracy for raising rebel¬ lion, and for procuring money to be sent to the earl of Argyle, and concealing, and not revealing this. It is replied, that Jervis¬ wood’s corresponding with Argyle at any time since his forfeiture, was expressly propounded as an interrogatory before the council, and that not only by himself but likewise by major Holms, Mr Carstairs, West, Shepherd, Rumbold, and Rumsey, and refers it to a double of the act of coun¬ cil writ by the clerk’s servant, and to my lord advocate’s oath ; and as to Mr Veitcli, he was not declared rebel. Sir John Lauder for the king, oppones the council decreet, where no such interrogatory w as put to the pannel, which must bear more faith than any scroll, and cannot be taken away by his majesty’s advocate’s oath, to the king’s prejudice ; and adds, Mr Veitcli was forfeited 1667, and 1669 : the forfeiture was ratified in parliament. To this it is replied, that he does not appear to be the person named in the act of parliament, and though he were, he came home since, and all the punishment inflicted on him, was banishment, not to return under pain of death, which took off any former punishment, and it was no crime to intercommune with him, especially in another kingdom ; and by the act of council 1683, the conversing with declared traitors is restricted to arbi¬ tral punishment. The advocate oppones the doom of forfeiture, and the proclamation of council. The lords sustain the libel, as restricted, relevant, and repel the defences, and the assize are sworn ; and for probation the earl of Tarras is first adduced, against whom Jerviswood’s advocates object, that he is socius criminis, and by 3d cap. stat. 2 Rob. I. and likewise under an indictment of high treason, and being under the impressions of fear and death, ought not to be admitted . The advocate answers, that in conspiracies socii criminis have still been admitted, be- 10S THE HISTORY OF THE SUFFERINGS [BOOK III. cause no other witnesses can be had, and the earl hath not, and never sought any security for his deponing. The lawyers for the pannel reply, the statute of kinsr Robert stands in full force, and ubi lex non distinguit, non est distinguendam ; besides, the earl is incarcerate for the same crime, and under an indictment of high treason hath thrown himself upon the king’s mercy, and cannot be witness, seeing the king may give him his life or not, and in such circumstances a witness was never ad¬ mitted. Yea, the earl of Tarras is to be considered as condemned for the crime of treason, seeing he fully and amply confessed the crime, and never any body allowed, that damnatus criminis lessee majestatis , could be admitted as a witness, for which he adduceth many lawyers. Sir George Lockhart for the king oppones, that socii criminis are admit¬ ted witnesses in omnibus, criminibus excep- tis, which is agreed to by all lawyers ; and that the earl of Tarras hath submitted to the king’s mercy, is no more but socius criminis ; and if this objection stood, con¬ jurations of treason could never be proven. Another of Jerviswood’s lawyers repones, that there are some objections competent against witnesses, even in criminibus cx- ceptis , for example, that he is a capital ene¬ my, and sub potestate accusatoris , and so the earl of Tarras is by his- submission and confession ; and he having submitted his life and fortune to the king, is in the case of a witness, who absolutely depends upon his majesty’s advocate the pursuer, and in a private process testes domestici, and such as entirely depend on a person, will not be admitted ; and as to the argument, that at this rate the guilty person must escape, the answer is plain, his majesty’s advocate might have pursued the pannel before he had pursued the witness; but now the ter¬ ror of a process of treason cannot but have influence on him as a witness. In short, they urged that none under infamia juris can be admitted, no more than a person convict and condemned, even in the case of treason ; but the earl is materially convict, when after an indictment he confesseth ; and never a lawyer asserted, that a person convict of treason could be admitted a wit¬ ness. These reasonings were so strong, that the publisher of Jerviswood’s process takes no¬ tice on the margin, as if he had been con¬ scious the earl ought not to have been ad¬ mitted, that he depones nothing different from the other two Avitnesses, who deponed the same things against the earl, for -which he was forfeited, so that there could be no ground of suspicion from his circumstances, w-hich might be easily answered. This might be a laid and concerted thing, and I doubt not but it was ; and since the earl was convict by confession, there was no need of Avitnesses, but ex abundanti to co¬ lour the design the better. IIoAvever, the lords repel all objections, and call the earl as a witness. His deposi¬ tion, and that of commissary Monro, Phil- iphaugh, and GalloAvshiels, have been more than once printed, not only in JervisAvood’s process, but in Sprat’s history of the Rye- house plot, and I shall not here enter on the detail of them. They prove that Jervis- Avood being in hazard, as all the nation Avere, of oppression, after the unaccountable deci¬ sion in Blackwood’s case, Avent up to Lon¬ don, and did speak and talk anent methods to bring in the king to exclude a popish successor ; and that they discoursed like¬ wise upon money to be sent to the earl of Argyle, and Mr Martin in May 1683, came doAvn to Scotland with some proposals to the earl of Tarras, Philiphaugh, Gallo av- shiels, and some others, to engage them to a rising, when England rose for the secu¬ rity of the protestant religion ; but as to a design against the king’s life, nothing of that Avas knoAvn to any of them. Most part of them relate to the plot, as it vras called, and design then in hand, and very little militates against JervisAvood in par¬ ticular. They all adhere judicially to their depositions made before the lords of the secret committee. As an adminicle of probation, the advo¬ cate produces the printed copy of Mr Car- stairs’ deposition, and the clerks depone they collationed the printed copy with the original, and the lords ordain it to be taken in as an adminicle ; and they give it a title very injurious to Mr Carstairs, and con¬ trary to their own conditions granted him. ‘ The deposition of Mr William Carstairs, CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 109 when he was examined before the lords of the secret committee, given in by him, and renewed upon oath, upon the 22d of De¬ cember 1684, in the presence of his majes¬ ty’s privy council.’ This looks as if Mr Carstairs had voluntarily renewed his depo¬ sition,' December 22d, with an eye to his deal' friend, Jerviswood’s trial now coming on, than which nothing is more injurious to this worthy person. The matter was this, as appears by what is above inserted, and the account that reverend and singular candid person gave me more than once in conversation. Mr Carstairs was their pri¬ soner, and he is brought into town a few days before Jerviswood’s trial, and dealt with most earnestly to be a witness against Jerviswood, which he rejected with abhor¬ rence, and put them in mind of the condi¬ tions granted him, and the breach of faith in this proposal. He was again urged but to appear before the lords of justiciary, and own judicially that he had emitted the deposi¬ tions signed by his own hand, at a time when Jerviswood was not present ; he told them, he would suffer any thing before he would do so mean a thing. Mr Carstairs was positive, that as far as he could mind, he was never before the council; but when dealt with by the chancellor, Queensberry and some others, and had flatly refused the two former proposals, the original papers signed by him in the castle being produced, he did own what he could not get by, that those were his subscriptions, and put them in mind of the conditions upon which he had made those declarations, and expected they should not be brought against any per¬ son, as they had promised, and so left them. And this is all that was attested by the chancellor, Queensberry and the rest ; yet they were sustained as an adminicle. Shep¬ herd’s and Burn’s declarations were produc¬ ed, and this was all the proof. Before the assize inclosed the advocate had a most bloody and severe speech to them, wherein every thing is stretched to the uttermost against the pannel. I shall not insert it here since it is already pub¬ lished. In short, he urges the appointment of a thanksgiving, for the discovery of the conspiracy, through the nations, the prac¬ tice of the judges in England, who found proof enough to forfeit some of all ranks, and insists upon the witnesses 1 c being Jerviswood’s relations ; and if he be not punished, no man can ; the conspiracy is a cheat, the king’s judges murderers, and the witnesses knaves, and such as have died, mar¬ tyrs. He goes on to aggravate the designed invasion and civil war which would ensue, and most calumniously insinuates, that the pannel was privy to Burn’s design to kill the king: whereas the reader will observe in Burn’s deposition, that Jerviswood was with them merely about the money to be transmitted to Holland. He reproaches him with being nephew and son-in-law to the lord Wariston, which, I believe, Jervis¬ wood reckoned a great honour and happiness, and alleges he was ringleader in Scotland, and guilty of treason as much as Blackwood, whom he might have been ashamed to mention. Then the probation is summed up with much cunning, and many stretches. Among other things he alleges Mr Carstairs’ friend¬ ship for Mr Bailie, as an argument of the truth of his deposition, which was emitted when he knew it was to be used asainst Jerviswood. After what hath been narrated, the reader will very much question the truth of this, Mr Carstairs provided ex¬ pressly against it, and unless he knew the people about him to be faithless and villan- ous, he could not know this. He insists again upon the clearness of the probation, that Jerviswood was accessory to Argyle’s design of invading his country, and adduces Rathillet’s case, wherein he says, there was but one witness, and that of two men before the circuit at Glasgow, against whom there were no witnesses of their killing two of the guard, but only their not dis¬ claiming the guilt, and putting the court on proof ; and urges Duchal’s case, and says, if a gentleman was lately found guilty oi high treason, by the opinion of all the lords of the session, for not revealing that Sir John Cochran sought fifty pounds sterling from him, though he refused the same, and though he believed it was sought for a charitable subsistence, what deserves this pannel who sought thirty thousand pounds sterling ? thus we see precedents made of their own iniquitous and unpre- no the history of cedented practices. The advocate ' closes all by showing, he insisted not so much upon this probation to convince the assize, as the world, that there was a con¬ spiracy ; and indeed this speech seems con¬ trived on purpose to stretch every thing against Jervis wood. I wish I could give as good an account of the moving speech Mr Bailie had to the inquest, and the home thrusts he gave the advocate ; hut I can only say, he appealed to the advocate’s conscience, whether he was not satisfied as to his innocence, and had not owned so much to himself; which the other acknowledged, but added, he acted now by order from the government ; and to the advocate and judges, he, like a dying man, most pathetically disclaimed any access to, or knowledge of any design against the king or his brother’s life ; but added, if his life must go for his essays to prevent a popish succession, he owned them, and heartily parted with his life as a testimony against a papist’s mounting the throne. When all this is over, the assize are ordered to inclose, and bring in their verdict to-morrow by nine of the clock ; which was done, and is as follows. “ The assize in one voice finds the crimes of art and part in the conspiracy and plot libelled, and of concealing and not revealing the same, clearly proven against Mr Robert Bailie the pannel, in respect of depositions of witnesses and adminicles adduced. “ Strathmore, Chancel.” Upon the opening of the verdict, “ the lords decerned and adjudged the said Mr Robert Bailie of Jerviswood, to be taken to the market-cross of Edinburgh, this 24th day of December, betwixt two and four in the afternoon, and there to be hanged on a gibbet till he be dead, and his head to be cut off, and his body to be quartered in four, and his head to be affixed upon the nether-bow port of Edinburgh, one of his quarters on the tolbooth of Jedburgh, another on the tolbooth of Lanark, a third on the tolbooth of Ayr, and a fourth on the tolbooth of Glasgow, and ordain his name, fame, memory, and honours, to be extinct, his blood to be tainted, &c. as in THE SUFFERINGS [BOOK III. common form ; which was pronounced for doom.” Thus this saint of God is hasted away to his Father’s house. In two days’ time they begin and end his process, and executed him as if they had been in fears of being pre¬ vented by a natural death. His carriage was most sedate, courageous, and Christian, after his sentence, and during the few hours he had to live. And at his execution he was in the greatest serenity of soul possible almost for a person on this side of heaven, though extremely low in his body. He pre¬ pared a speech to have delivered on the scaffold, but was hindered. Under the prospect of this he left copies with his friends, and it deserves a room here, as con¬ taining a short and distinct view of his case. The last speech of Mr Robert Bailie of Jerviswood, who died at the cross of Edinburgh , December 24 th, 1684. “ Having received such usage as I have done, and having got so short time, it can¬ not be expected from me in reason that I should say much. Only for my own vin¬ dication, and the vindication of my religion, I do testify and declare in the sight of the omniscient God, and as I hope for mercy on the day of Christ’s appearance, that I was never conscious to any conspiracy against the life of his sacred majesty, or the life of his royal highness the duke of Albany and York, or the life of any other person whatsomever. That I was never conscious to any plot in any of the nations, for the overthrow and subversion of the government ; and that I designed nothing in all my public appearances, which have been few, but the preservation of the pro- testant religion, the safety of his majesty’s person, the continuation of our ancient go¬ vernment upon the foundations of justice and righteousness, the redressing of our just grievances by king and parliament, the relieving of the oppressed, and putting a stop to the shedding of blood. As for my principles with relation to government, they are such, as I ought not to be ashamed of, being consonant to the word of God, the confessions of faith of the reformed churches, the rules of policy, reason, and humanity. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. Ill “ I die a member of the church of Scot¬ land, as it was constitute in its best and purest time under presbytery, judging that form of government most conducing to piety and godliness, and most suitable for this na¬ tion. I die a hater of popish idolatry and superstition. The feint zeal I have had against popery, and for the preservation of the protestant religion in this nation, hath brought me to this condition. I am very apprehensive popish idolatry will be the plague of Scotland. God open the eyes of his people, to consider the hazard they are in of popery. It seems the generation is fitted for it, and all the engines of hell have been made use of to debauch the consciences of people, that they may be fitted for idola¬ try and superstition. Men are compelled to take contradictory oaths, that they may believe things that have a contradiction in them. “ I know I will not be allowed to speak what I would, and therefore I will say little. I bless God this day, that I know whom I have believed, and to whom I have com¬ mitted my soul as unto a faithful keeper. 1 know I am going to my God and chief joy. My soul blesseth God and rejoiceth in him, that death cannot separate betwixt me and my God. I leave my wife and children upon the compassionate and mer¬ ciful heart of my God, having many reiter¬ ated assurances that God will be my God, and the portion of mine. I bless and adore my God, that death for a long time hath been no terror to me, but rather much de¬ sired; and that my blessed Jesus hath taken the sting out of it, and made it a bed of roses to all that have laid hold on him by faith, which worketh by love. “ My soul bleeds for the deplorable condi¬ tion of the church of Scotland ; we are los¬ ing the gospel, having fallen from our first love and zeal, therefore God is threatening to spew us out of his mouth. Oh that my blood might contribute in the least to awak¬ en the remnant to do their first works, and might contribute to establish any of his in the ways of holiness and righteousness. I have had sharp sufferings for a considerable time, and yet I must say, to the commen¬ dation of the grace of God, my suffering time hath been my best time; and when my sufferings have been sharpest, my ^ spiritual joys and consolations have been greatest. Let none be afraid of the cross of Christ, his cross is our greatest glory. Let all who love God insincerity, prepare for the hardest of suffering, for fire and gibbets ; the aversion that is in all to the cross of Christ, is the bane of our professors. I am much afraid, that Christ will be put to open shame in Scotland, and will be crucified afresh, and his precious blood accounted unholy and polluted, and that Christ, in his members, may be buried for a while in the nation; yeti have good ground of hope to believe, that the Sun of righteousness will yet shine again, with healing under his wings. Oh that God would awaken his remnant while it is to-day, that they may consider what belongs to then1 peace. Woe null be to them that are instrumental to banish Christ out of the land, and blessed are they who are instrumental, by a gospel conversation, and continual wrestling with God, to keep Christ in the nation. He is the glory of a land, and if we could but love him, he could not part with us. Woe be to them that would rather banish Christ out of the land than love him. God pour out his Spirit plenteously on his poor remnant, that they may give God no rest till he make his Jerusalem the joy and praise of the whole earth. “ I have no more time, but they who love God I hope have minded me in my affliction, and do mind me now, and will mind my wife and children. I go with joy to him who is the joy and bridegroom of my soul, to him who is the Saviour and Redeemer of my soul. I go with rejoicing to the God of my life, to my portion and inheritance, to the husband of my soul. Come, Lokd.”# * “ The character of Jerviswood was very high. Dr Owen, who was acquainted with him, said to a friend : ‘ You have truly men of great spirits in Scotland ; there is for a gentleman, Mr Bailie of Jerviswood, a person of the greatest abilities I ever almost met with.’ And says Bishop Burnet, giving an account of him, ‘thus a learned and worthy gentleman, after twenty months’ hard usage, was brought to such a death, in away so full in all the steps of it, of the spirit and practice of the courts of the inquisition, that one is tempted to think that the steps taken in it were suggested by one well studied if not practised in them.' ” — Scots Worthies, p. 443. Glas. edit. 1828. — Ed. 112 THE HISTORY OF THE SUFFERINGS [BOOK III. . ,,Q , I have several circumstances of this excellent person’s carriage, during the trial and execution, too large to be insert here. When his sentence was intimated, he said, “ my lords, the time is short, the sentence is sharp, but I thank my God who hath made me as fit to die, as ye are to live.” When sent back to his room in the prison, after sentence, he leaned over on the bed, and fell into a wonderful rapture of joy, from the assurance he had, that in a few hours lie would be inconceivably happy. Being, after a little silence, asked how he was, he answered, “ Never better, and in a few hours I’ll be well beyond all conception ; they are going to send me in pieces and quarters through the country ; they may hag and hew my body as they please, but I know assuredly nothing shall be lost, but all these my member^ shall be wonderfully gathered, and made like Christ’s glorious body.” When at the scaffold, he was notable to go up the ladder without support. When on it, he said, “My faint zeal for the protes- tant religion has brought me to this end and the drums interrupted him. Their spite against his body was very great, and I am told the quarters of it lay in the thieves- hole for three weeks, before they were placed as in the sentence.* * In the addenda to Wodrow’s History, in¬ serted by the author at the commencement of vol. ii. of the first edition, we have the following particulars regarding Jerviswood : After the case of that singular person Mr Bailie of Jer¬ viswood was printed off, I received a narrative of some further circumstances of his trial from a worthy friend of mine who was present, and a mournful spectator. What passed made so deep impression upon him, that he is distinct as to the very words and phrases that were used, and I thought they deserved a room here. “Jerviswood being much indisposed, came to the bar of the justiciary in his night-gown, at¬ tended by his sister, who several times gave him cordials, he being so ill as he was obliged to sit down on a stool. He heard all very patiently; only when was reading his long narra¬ tive, Jerviswood would now and then look up¬ wards, and hold up his hands. When the declarations and affidavits that came from Eng¬ land were read, he appeared to be in some concern, and said, Oh, oh ! staring upon the king’s advocate. But when the advocate, in his discourse to the assize, insisted on those declara¬ tions and affidavits, and enlarged more fully upon them than in the speech he caused print in Jerviswood’s trial, then Jerviswood stared him very broad, and appeared to be very much troubled. After the advocate had ended his discourse, Jerviswood desired liberty of the earl There are some other noblemen and gen¬ tlemen 1 meet with this year in the council- registers, attacked for the plot, as the earl of Tarras, who, as we have heard, was in¬ dicted before he was made use of as a wit¬ ness against Jerviswood, and the laird of Polwart, since the revolution chancellor of Linlithgow to speak a few words, not being able to say much because of his great weakness. Which being granted, lie spake to this purpose: That the sickness now upon him in all human appearance would soon prove mortal, and he could not live many days; but he found he was intended for a public sacrifice in his life and estate ; that he would say nothing as to the jus¬ tice of their lordships’ interlocutor, and was sorry his trial had given them so much and long trouble, by staying so long in the court, it being then past midnight. And then addressed him¬ self to the assize, telling them, he doubted not, but they would act as men of honour ; that there were hard things in the depositions of the wit¬ nesses against him, which was to be their rule, and that nothing he could say was to prevail with them ; yet for the exoneration of his own con¬ science, and that his poor memory and family might not suffer unjustly, he behoved to say, that the most material witnesses were correspon¬ dents, and life might be precious to some ; that one of them was very happy in a memory, yet he was sure there were some things said to be spoken in a meeting where he was, which, he was positive, were not at least while he was there ; withal he most heartily forgave them. But there is one thing, says he, which vexes me extremely, and wherein 1 am injured to the ut¬ most degree, and that is for a plot to cut off the king and his royal highness, and that I sat up nights to form a declaration to palliate or justify such a villany. I am in probability to appear, in some hours, before the tribunal of the Great Judge, and, in presence of your lordships and all here, I solemnly declare, that never was I prompted, or privy to any such thing, and that 1 abhor and detest all thoughts or principles for touching the life and blood of his sacred majesty, or his royal brother. I was ever for monarchi¬ cal government. And then looking directly upon the king’s advocate, he said, ‘ My lord, 1 think it very strange you charge me with such abominable things ; you may remember, that when you came to me in prison, you told me such things were laid to my charge, but that you did not believe them. How then, my lord, come you to lay such a stain upon me, with so much violence ? are you now convinced in your conscience, that I am more guilty than before ? You may remember what passed betwixt us in prison.’ The whole audience fixed their eyes upon the advocate, who appeared in no small confusion, and said, ‘ Jerviswood, I own what you say, my thoughts there were as a private man ; but what I say here is by special directions of the privy council ; and,’ pointing to Sii William Paterson, clerk, added, ‘he knows m> orders.’ ‘Well,’ 6ays Jerviswood, ‘if youi lordship have one conscience for yourself, and another for the council, I pray God forgive you I do.’ And turning to the justice-general, ht said, ‘ my lord, 1 trouble your lordships n< further.’ ” — Ed. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. ] 13 of Scotland, and king’s commissioner, and Pringle of Torwoodlie, and some others ; but their processes not being brought to an issue till next year, I reserve them till then, that we may have a full view of all which concerns them. sect. v. Of the Procedure at the Circuit-courts, October, 1684. Having given a pretty large account of the procedure of the council and justiciary this year, and their processes against many particular noblemen, gentlemen, ministers, and others, it remains that I consider the more extensive oppression of the western and southern shires, by the circuit-courts at Glasgow, Ayr, Dumfries, and Wigtoun, to¬ wards the end of this year; and the exor¬ bitant fines imposed upon many gentlemen after those, will afford matter for another section by itself. I shall here resume no¬ thing of the general forms and methods used before and at those arbitrary courts, these having been narrated on the former years ; but I shall, from the registers, give their commission and instructions, and some view of their severities from written accounts come to my hands, which may be depended on, and indeed contain but a very small part of the hardships they put upon people who came before them ; but these are all I can now glean up at this distance of time, there being no registers of these itinerant courts, that I can meet with. Those circuits, we see, come about an¬ nually, and, generally speaking, they are in the recess of session and justiciary, in the harvest quarter, when the managers took the diversion of the country, and they were very careful to fill up that part of the year in carrying on the persecution, which, dur¬ ing the rest of the months, they managed at Edinburgh. In August, these courts were agreed upon at London, upon application from the bishops and managers here; and, September 6th, the king’s letter is read, or¬ dering the council to appoint the following commission to be given to the underwritten persons in their several districts. The commission runs just in the terms of the king’s letter, which therefore it is needless IV. to insert, and I only take in the * J I fiQA commission and instructions. Commission for Justiciary, and instructions, September 6 th, 1684. “ Charles, &c. to all and sundry our lieges and subjects whom it effeirs, greeting : for¬ asmuch as, albeit the many endeavours used by us to reclaim the disaffected and disor¬ derly people, in several of the western and southern shires of this our kingdom, have not been so effectual as the gentleness of our government, and the interest of all con¬ cerned gave us ground to hope ; but on the contrary, they continue in rebellious con¬ vocations, and seditious conventicles, and other disorderly practices, without any competent endeavours used by those con¬ cerned in the several shires, either conform to our standing laws or late proclamations : yet we being still resolved to prosedute all just means for securing our royal power, and the safety of our people, have thought expedient, that before more severe remedies be tried, with advice of the lords of our privy council, hereby to empower some of our privy council to go to several shires and places. And particularly the duke of Hamilton, our treasurer-depute, and jus¬ tice-clerk, to the shires of Clydesdale, Ren¬ frew, and Dumbarton ; the earl of Marr, lord Livingstone, and lieutenant-general Drummond, to the shire of Ayr; our trea¬ surer-principal, the lord Drumlanark, and colonel Graham of Claverhouse,to Dumfries and Wigton, and the stewartries of Annan- dale and Kirkcudbright; the earl of Bal- carras, lord Tester, William Hay of Drum- elzier, to the shires of Roxburgh, Selkirk, Peebles, and Merse. With full power to them, or any two of them, within the shires and districts foresaid, to act as commission¬ ers of our justiciary, in all matters criminal ; and for that effect, to affix and hold crimi¬ nal courts, create clerks, call assizes, &c. (as in former commissions above insert,) as fully as the commissioners of our justi¬ ciary have done, or may do. And to the effect, the design of this commission against 'disorderly and irregular persons may be the better prosecute, we do empower them to hold courts, and in these courts to call and convene all persons guilty of conventicles, p THE HISTORY OF THE SUFFERINGS [ROOK III. 114 ^ withdrawing from public ordinances, disorderly baptisms and marriages, and such like disorders and irregularities ; and to take their oath, examine witnesses against them, pronounce sentences, and the same to due execution cause be put, by im¬ prisonment, or other legal diligence, con¬ form to the law s of this realm. And gen¬ erally to act and do conform to the tenor of the instructions herewith given by us, or which shall hereafter be given by us, our privy council, or secret committee of our privy council, as fully and freely in all res¬ pects as a quorum of our privy council, if they were present. All persons are ordered to attend the lords justices, as in common form ; and this commission to endure till the first of December next, unless we think fit to prorogate the same. Given under our signet at Edinburgh, September 6th, 1684.” Follow instructions upon the foresaid com¬ mission. “ Charles R. 1. You shall disarm all heritors who have not taken the test, and all the commons, excepting the militia ; and if any shall conceal arms, or refuse to de¬ pone thereupon, when by you required, you shall fine the heritors in one year’s rent, the tenants in one year’s rent of their respective farms ; the servants, and cottars, and tradesmen, are to be fined according to their substance. “ 2. You are to follow such instructions as we or our privy council shall give you, as to the value of horses, and the persons to whom they are to be allowed within the districts. “3. You shall seize all preachers, chaplains, or such as exercise as chaplains, who are not authorized by the bishops, and send them to our privy council to be disposed of as they think fit and see cause. “4. You shall punish, according to law, all persons guilty of ecclesiastic disorders, either men or women, and you shall put our proclamations, especially that of the day of ,in execution, against all who are guilty of conventicles, or concerned in them, as concealers and not discoverers, negligent heritors, sheriffs, bailies, and other magistrates or heritors of the place, w here they are kept, or other¬ wise concerned by our laws and proclama¬ tions, according to the tenor thereof; and the husbands of such wives as are guilty, and have not done their endeavours in terms of our letter, bearing date the day of “ 5. You shall give account to our secret committee, of all persons w ho have fled from their habitations, whether by retiring out of the kingdom, or removing to other places to evite just sentences. “6. You shall examine the indulged min¬ isters on their instructions, and remove such as have transgressed, and imprison them till they find security not to preach or exercise any part of the ministerial office, or other¬ wise to remove from our three kingdoms, under caution not to return without special allowance from us or our privy council ; and such as refuse to find caution in man¬ ner foresaid, you shall send them in prison¬ ers to our privy council, or their committee at Edinburgh. “ 7. You shall diligently search for the heritors, inciters, promoters, or concurrers to the late rebellions, the intercommuners with such, or resetters of them, and others, not heritors, guilty of the said crimes, since July 1st, 1683. “ 8. You shall stop and secure all pedlars who have not passes, according to the tenor of our last proclamation, and secure them till they find caution for their good behavi¬ our. “9. You shall stop all posts who carry letters, except such who are allowed by our post-master general. “ 10. You shall commune with rebels, to bring them to obedience, upon their address for pardon, and you shall acquaint our se¬ cret committee with their proposals, and what passes betwixt you and them ; and in order thereunto, you are allowed to give them safe conducts. “ 11. You shall command the forces as¬ signed to you by our privy council, accord¬ ing to the necessity of our service. “ 12. You shall turn out all the wives and children of the forfeited persons and fugi¬ tives, from their habitations, if it shall ap¬ pear that they have conversed with their parents or husbands, or if they shall refuse to vindicate themselves by their oaths. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 115 “ 13. You shall inquire what quarters are unpaid by the soldiers in your several districts, and take care payment be made for bygones, and in time to come. “ 14. You are to examine what money has been collected by any body within your districts, and not counted for. “ 15. You shall take care, that decreets for fines, for ecclesiastic disorders, be put in execution, as shall be prescribed by our privy council. “ 16. You shall be assisting to our regu¬ lar clergy, in bringing people to obedience, in settling church-sessions ; and if any com¬ plaint be made of any of the regular clergy, you are to recommend the punishment and censure thereof, to our bishops, or judges competent “ 17. If you find any part of the country stubborn or contumacious, you shall impose such fines upon them as the law will allow; and in case of not payment thereof, and that you think it fit, you are immediately to quarter our forces on the stubborn and contumacious, until the fines imposed shall be exhausted by them. “ 18. You are to keep good and constant correspondence among yourselves ; and if it s hall happen that any man shall flee from one district to another, when you are ad¬ vertised thereof, you shall immediately cause the fugitive to be apprehended, and you shall send him to the district from whence he fled, to be judged by the com¬ missioners there, or else sent by them to Edinburgh, as they shall think fit. “ 19. You shall acquaint any of the neigh¬ bouring-jurisdictions to which any of the rebels shall flee, to the end they may assist to apprehend them ; and if, in pursuit of those, it shall be convenient for you to go out of your district, or to send parties out of the same, the magistrates are hereby re¬ quired to obey and assist you, as they will be answerable. “ 20. You shall suffer no man to travel with arms, excepting gentlemen of known loyalty, who have taken the test ; and no yeoman to travel three miles from his own house, without a pass from his minister, or a commissioner of the excise. “ 21. You are to call for all or any part of the heritors, as often and where you shall find it needful for our service, who ^ are hereby ordered to obey, under 1 the pains of being punished as absents from our host. “ 22. You shall put in execution the power of justiciary to be granted unto you by our privy council, with all rigour, by using fire and sword, as is usual in such cases ; and we do empower our privy coun¬ cil to insert an indemnity to you, or any employed by you, for what shall be done in the execution thereof. “ 23. You are hereby empowered to give the oath of allegiance to such persons with¬ in your districts, as you shall have reason to suspect ; and in case of refusal, you shall banish them to the plantations, whether men or women. “ 24. If you shall be informed, that any within your district shall deny our authority, or their bond of allegiance to us, you shall inquire therein, apprehend the persons, and either judge them upon the place, or send them into Edinburgh, as you find most ex¬ pedient. “ 25. You shall call for, and dispose of the militia, as you find most fit for our ser¬ vice. “ 26. You shall inquire how the ordinary magistrates have carried in our service, and inform the privy council thereof. “ 27. You shall report to the secret com¬ mittee of our privy council, such proposi¬ tions as the shires within your district shall make to you for our service. “ 28. You are to obey such orders as you shall receive from us, or our privy council, or secret committee thereof, from time to time ; and you are also hereby authorized to forbear the execution of any of the ar¬ ticles of these instructions, if you shall see cause for the same. “ For doing of which these presents shall be to you, and all others who may be res¬ pectively concerned, a sufficient warrant. Given under our royal hand and signet, at our court at Windsor castle, the 26th day of August 1684, and of our reign the thirty sixth year.” “ By his majesty’s command, “ Murray.” It was the month of October before this 116 THE HISTORY OF THE SUFFERINGS [BOOK HI. 1681 *err^e c^rcu^ down in their dif- ' ferent districts. Those ample powers, and a liberty to cut and carve in them as they saw good, let us see what an arbitrary and absolute government Scotland was now under. Life, liberty, and every thing is left in the managers’ hands. If they pleased to have mercy on the poor harassed country, the king allowed them, and if not, their in¬ structions carry them even to fire and sword. To pave the way for their work, or at least to prevent the poor sufferers getting off the kingdom, and to discover such as re¬ mained in it, two proclamations are emitted in September ; the first bears the date, Sep¬ tember J 5th, ordering the oaths of all the masters of ships, or vessels going off the kingdom, to be taken, as to their passengers, which I have insert.* This needs no ob¬ servation upon it. No question, it was levelled against the persecuted party prin¬ cipally ; a new circuit was very justly frightsome to them from their experience of the severities of the former. They are not suffered to live [at home, and now are stopped from retiring to foreign countries, where they might be free from being * Proclamation for the oaths of masters of vessels, September 15 th, 1684. Charles, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith : to our lyon king at arms, and his brethren, heralds, macers of our privy council, pursui¬ vants, or messengers at arms, our sheriffs in that part, conjunctly and severally, specially consti¬ tute, greeting. Forasmuch as, many wicked and rebellious persons, being conscious of their own guilt, have fled from this kingdom, into foreign kingdoms or countries, where they continue to carry on their traitorous and hellish designs against our sacred person, auikthe government of this our realm, by corresponding and keeping of intelligence with their rebellious accomplices, lurking within this kingdom ; therefore, and for preventing of the said designs as much as can be, we, with advice of the lords of our privy coun¬ cil, do hereby require and command all masters of ships, going from this kingdom or returning to the same, to present all and every one of their passengers upon oath, to the several persons to be named by the customers in the several pre¬ cincts following, viz. all masters of ships, barks, boats, or other vessels, going from or returning to any place within the precincts of the custom- office of Leith and Prestonpans, to the collector there for the time; all within the precinct of the custom of Borrowstonness, to the collectors there for the time ; those of the precinct of Kirkaldy, to the collectors there for the time ; those of the precinct of Montrose, to the collectors there for the time ; those of the precinct of Aberdeen, to the collectors there for the time ; those of the butchered in cold blood. And, September 16th, another proclamation is emitted, discharging all persons whatsomever, to precinct of Inverness, to the collectors there foi the time ; those of the precinct of Portpatrick, to the collectors there for the time ; those of the precinct of Ayr, to the collectors there for the time ; those of the precinct of Irvine, to the collectors there for the time ; and those of the precinct of Port- Glasgow, to the collectors there, for whom the tacksmen and customers are to be answerable. Declaring hereby, that whatever master of ship, bark, boat, or vessel, shall do in the contrary, shall lose his whole goods, (the one half to the informer, and the other half to us) his person shall be imprisoned, and he declared incapable to be a master of a ship, bark, or other vessel, hereafter. And if any of the said masters of ships, or other vessels foresaid, shall import to this kingdom, any traitors, rebels, fugitives, intercommuned or banished persons, it is hereby declared, they shall be liable therefore, conform to the laws and acts of parliament, and procla¬ mations made against resetters of rebels ; requir¬ ing also the persons above-mentioned, authorized to take the said oath, to give an exact account of their diligence, the first Tuesday of every month, to the clerks of our privy council : and we do hereby require and command the collectors and clerks of our several custom-offices, to accept of no report inward, from any master of a ship, bark, boat, or other vessel, and the keepers of the cocquet- office not to give out the same to any such master outward bound, until he receive testificate from the persons above-written, au¬ thorized as said is, within whose precinct any such ship, bark, boat, or other vessel is, that he has made faith anent his passengers, as aforesaid, and that he neither hath, had, nor has any other passengers from abroad, nor outward bound, than these mentioned in his oath, as they will be answerable at their highest peril. And further, declaring, that the master and owner shall lose the ship, boat, bark, or vessel and goods, in which any person, not given up as said is, shall be in-brought unto this kingdom, or transported forth hereof; and that all magi¬ strates of burghs of royalty or regality, and heritors on whose ground such persons shall be landed, are to be liable and punished therefore, as our privy couucil shall think fit, in case, they do not diligence to prevent the same, or appre¬ hend the persons so landed. And to the effect our pleasure in the premises may be known to all persons concerned, our will is, and we charge you strictly and command, that incontinent, these our letters seen, ye pass to the market- cross of Edinburgh, and the remanent market- crosses of the head burghs of this kingdom, and other places needful, and thereat, in our name and authority, by open proclamation, make publication of the premises, that all persons concerned may have notice thereof, and give punctual and exact obedience thereto. Given under our signet at Edinburgh the fifteenth day of September, one thousand six hundred eighty and four, and of our reign the thirty sixth year. Per actum dominorum secreti concilii. Will. Paterson, Cl. Seer. Concilii. God save the king. CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 117 travel from one sliire to another without a pass. It is but short, and 1 have added it.* All travellers must have a pass from some persons in the government. And the pre¬ text is, to hinder persons from carrying false news from one part of the country to another. I am not so far master of the intrigues now on foot, as to make reflections that perhaps might be natural enough here. As the former was a check and damp upon trade and commerce, so this is a plain encroachment upon the liberty of the sub¬ ject, in going and coming from one place to another, and a kind of imprisoning the lieges at large, without any just reason given. That of spreading false news is * Proclamation for passes, September 16th, 1684. Charles, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith : to our lyon king at arms, and his brethren, heralds, macers of our privy council, pursuivants, or messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting: forasmuch as we, having thought fit to commissionate some of our privy council, to go to the southern and western shires of this kingdom, for suppressing and punishing disorders there, and we being resolved to prevent the travelling of skulking and vagrant persons, and others disaffected to our government, in the said shires, during the abode of our commission¬ ers there, for carrying of false news, and other wicked purposes, do therefore, with advice of the lords of our privy council, hereby strictly prohibit and discharge all our subjects, of what quality soever, to go out of one jurisdiction to another, in the said southern and western shires, without a pass from one of our privy counsellors, our said commissioners, or the sheriffs, bailiffs, magistrates of burghs, commissioners of excise, or justices of peace of the jurisdiction from whence they came, or any one of them, under the pain of being punished as persons disaffected to our government. And we hereby require the several magistrates foresaid, to apprehend and secure any person coming within their respective jurisdictions, without having a pass, as said is, until the return of our said commissioners, as they will be answerable. Our will is herefore, and we charge you strictly and command, that incontinent, these our letters seen, you pass to the market-cross of Edinburgh, and remanent market-crosses of the head burghs of the western and southern shires of this kingdom, and other places needful, and there, by open proclamation, make publication of the premises, that all persons concerned may have notice thereof, and give obedience thereto, as they will be answer- able. Given under our signet, at Edinburgh, the six¬ teenth day of September, one thousand six hundred and eighty four, and of our reign the thirtieth and sixth year. Per actum dominorum secreti coiicilii. Will. Paterson, Cl. Seer. Concilii. God save the king. evidently frivolous, and every body may see these might be spread by letters. The true design seems to have been, to be a preface to more general impo¬ sitions on the subject, as we shall after¬ ward hear, to prevent suffering people re¬ tiring from the fury of the circuits, to be a new colour to the soldiers, and to oppress poor people the more. I wonder the pro¬ clamation does not empower the bishops and orthodox clergy to give passes. The instructions to the commissioners seem to suppose some such passes, but, it seems, the council do not find it needful to intrust them. Before the meeting of the circuit or jus¬ ticiary, the council by their clerk order the shire of Stirling with its jurisdictions, pro hac vice , to be adjoined to the jurisdiction of Glasgow, to save the lords the trouble, as I suppose, of leaving Glasgow. I observe nothing of this in the records, but it ap¬ pears by an original warrant, from the clerk of council to the sheriff-depute of Stirling to this effect, in my hands, which, because it gives us some view of the preparations and care taken to ripen matters for the circuit, and of the willing share the clergy were to have in this, I have insert here. Its date is not expressed, and is indorsed. Warrant to the Sheriff-depute of the shire of Stirling , 1684. “ Sheriff-depute of Stirling, “ Forasmuch as his majesty, by a letter under his own royal hand, hath been pleas¬ ed to adjoin the shire of Stirling, and the jurisdiction thereunto belonging, whether of royalty or regality, to the district of Glasgow, you are therefore ordered to cite and advertise all the king’s vassals, and other considerable gentlemen holding of other superiors within the said shire, and jurisdictions and regalities within the same, to compear before the lords of his majesty’s privy council, at Glasgow the 14th day of October instant, by nine of the clock, and there to attend the said lords, and receive such orders and directions for his majesty’s service, as shall be thought expedient. You are likewise to advertise all the ministers within your shire, that they attend the said lords at Glasgow the foresaid day, and that 118 THE HISTORY OF THE SUFFERINGS [BOOK III. j they come prepared to give in to the ' said lords, exact lists, upon which they are to make faith as to ail irregular persons, withdrawers from the church-ordinances, and all suspect and disaffected persons to his ma¬ jesty’s government in church and state, so far as it consists with their knowledge, as also a list of all such persons, as they be¬ lieve, can give best information anent the pre¬ mises. As likewise you are to cite the haill elders of kirk sessions, their clerk and bea¬ dle, to depone upon the forementioned par¬ ticulars the said day and place. And par¬ ticularly, you are to cite the magistrates of the town of Stirling, to appear before the said lords at the above-written time, and particularly to depone anent the foremen¬ tioned particulars, and to bring alongst with them an exact list of the haill heri¬ tors who stand infeft in lands within their burgh. And in this you nor any of the forementioned persons are not to fail as you and they will be answerable. Extracted by me. Sir William Paterson, clerk to his majesty’s most honourable privy council. “ Will. Paterson Cl. Seer. Cone.” From this and what goes before we may learn, that these courts had both a council and justiciary power, and had a vast com¬ pass of affairs before them. We shall find afterwards, this shire came to Glasgow, and gave ample proofs of their loyalty and sub¬ mission to the king’s orders. What were the precise days upon which these courts, ordinarily called circuits, though different a little from these in the former years, met, 1 cannot say, further than the dates of some papers in the regis ters, and others come to my hand, show. It would seem that court at Jedburgh met toward the beginning of October, for I find a letter directed to them, and the rest, from the committee of public affairs, October 9th, which will give some more light about them. This I give from the registers of council. October 9th, 1684, sederunt the com¬ mittee for public affairs, upon the report of the commission, at Jedburgh, and for the western districts, the lords did send the fol¬ lowing letter, a copy whereof was ordered to be sent to the rest of the districts for the rule of their procedure. “ My Lords, “ The committee of council being very frequent, 1 did propose to them your two queries : In answer to the first whereof, it is all our opinions, that if the defenders, called before you as counsellors, be person¬ ally cited, they may be holden as confes¬ sed; but they cannot unless they be per¬ sonally cited, and all that can be done in that case is to put them to the horn, which will be as great a punishment to them, as if they were declared fugitives ; but it will not inferany danger to the country by re¬ setting them, which is as much to be shun¬ ned as can be. And if it be thereafter found convenient to hold them as confes¬ sed to the end that the king may get a fine by holding them as confessed, which may be more advisable than the taking of their escheat, which is all that can follow upon their being put to the horn, then I shall cause cite them upon sixty days, as being out of the country, but let not that stop your diligence ; in which case they will be holden as confessed, though not personally cited. It is likewise their opinion, you should proceed against all sheriff-deputes who have malversed, and that you should punish them exemplarily to the terror of others, and to the end that people may see that you are come there to protect honest men, as well as to punish knaves. I am, “ Your lordships’ humble servant, “ George M‘Kenzie.” This letter is a little dark to me, not having the queries : but it lets us in to see somewhat of the managers severe designs upon gentlemen and others. It is of more importance to give an account of a letter from the king, read in council, or its com¬ mittee, October 12th, which was no doubt impetrate by our managers here, as the foundation of theirimposing exorbitant fines upon many gentlemen we shall hear of in the next section. The letter follows. “ Charles R. Right trusty, &c. Whereas we find that some of our unnatural and rebellious subjects in thatour ancient kingdom, do enter into plots and conspiracies, the more will¬ ingly and securely, that they think their CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 119 guilt cannot be discovered by the deposi¬ tions of witnesses, they, for concealing their guilt, industriously using to discourse of those matters only with one person alone ; and it being easy to cause one or two, who might be proving witnesses, to withdraw for some time. And seeing it is the great in¬ terest of all government, as well as of all who desire to live peaceably under it, that all subjects should be obliged to fear all manner of accession to such horrid crimes, as tend to overthrow all society and govern¬ ment ; and it being undeniable, that no man can complain when judged by his own oath, by which he is in less danger, than by any probation of any witness whatsomever. Therefore thought it necessary to empower, and we do hereby authorize and empower our advocate to raise process before you, or before those who are commissionate to re¬ present us, as our privy council, in the western and southern shires, against any whom you or they shall order, for the said crimes of plotting and contriving to rise in rebellion, or for intercommuning with, or resetting any declared rebels ; and to refer their guilt to the oath of the said defenders, in so far as may extend to a pecuniary mulct or fine allenarly. Declaring hereby, for their further security, that if they shall de¬ pone upon the guilt so referred to their oath, they shall be for ever as secure upon the payment of their fine, as if they had a remission under our great seal : Whereas, if they refuse to depone, we order you to hold them as confessed, and to fine them in what sums you shall judge to be propor¬ tional to their respective guilt and acces¬ sion. Which power so granted to you, shall only continue in force till the first day of April next to come, and is hereby ordained to be registrate and recorded in your books, to the end that extracts may be given to any who shall depone, as said is, this, and the decreets to follow thereupon, being to them in place of a remission. For all which this shall be to you a sufficient warrant. Given, &c. September 27th, 168L “ Murray.” Such power was formerly granted to the council, and now it is renewed to reach he¬ ritors, against whom they had no probation ; and under the colour of this they put the test to them, as what only could purge them of disloyalty and reset. All the country was involved necessarily in converse with such as had been at Bothwell, and no man who feared an oath could swear his own freedom from conversing with such ; and by this letter they were to be holden as confess¬ ed, and guilty if they did not ; and all this is imposed under the notion of kindness. One who calmly considers such methods and their tendency, cannot but reckon them public juggling with God and men. I come now to give an account of the procedure of the lords at each of those courts, as far as materials have come to my hand. I have nothing remarkable from Jedburgh, but that they were severe enough in persecution, and frank enough in making an offer of cess to the king, as we shall hear the rest of the districts did. Upon the second of October, Queensberry, his son, and Claverhouse, sat down at Dum¬ fries, having for their district, Dumfries, Galloway, Nithsdale,and Annandale. There were nowhere greater irregularities and severities committed than at this southern court, of which I shall give some instances, if once I had taken notice of the addresses and offers the heritors were forced into. This vast sum the oppressed country was clubbed into, and the preparing matters for the exorbitant fines, within a little to be ex¬ acted, seems to have been the great design in those circuits their being sent up and down the country. The judges were about a month in that district. At Dumfries I find the proposal of coming into a large cess was made, and left to be thought upon till the judges returned, and it was then gone into. The particular methods used to bring up heritors, probably much the same every where, will come in at Ayr and Glasgow. All the heritors were called and required to take the test, and if any irregularities were found charged against any of them, the test was offered as a favour, and they behoved either to take it presently, or go to prison ; and after some stay there, the refusers were allowed to give bond and caution to appeal and answer at Edinburgh. I do not hear of many gentlemen who were present, but one way or other they were prevailed upon, 120 THE HISTORY OF THE SUFFERINGS [BOOK 111. , except that excellent and worthy gen- ' * tleman Mi Hugh Maxwell of Dals- winton, who continued afterwards many months in prison at Edinburgh, and was most iniquitously fined, as we may hear. When they were got through the heri¬ tors, the commons were called upon by their different parishes, and all who would not presently depone they were free of hearing and baptizing with presbyterian ministers, that they had kept their parish church, and had not reset or conversed with rebels, fu¬ gitives, &c. the men were required instantly to take the test, and likewise to swear they should never reset, harbour, give meat or drink, or show any kindness to any inter- communed wandering person, and that upon hearing or seeing of any that were or should be denounced, or were upon their hiding, they should raise the hue and cry ; and if they could not apprehend them, they should give timeous notice to the next garrison, that they might pursue them, or to the sheriffs or justices of the peace. The wo¬ men, especially through the parishes up and down the country, where substitutes were sent to make this oppression as extensive as possible, had not indeed the test put to them, but dreadful oaths formed according to the circumstances they were informed to be in. For instance, if they were alleged to have husbands upon their hiding, they are obliged to swear they should not cohabit or converse with them, under the pains of law; if they had children denounced, that they should not harbour or show any kind¬ ness to them. The refusers, men and wo¬ men, were straight sent to prison, and in¬ deed the prisons and guard houses were now every where crammed full. After some days at Dumfries, the judges went to Kirkcudbright, and from that to Wigton, where, as far as I can learn, the very same methods were fallen upon ; and in the meantime particular gentlemen and officers of the soldiers, were commissioned to go to the country parishes, at distance from the towns, which the judges could not fully reach : and at those sub-courts, if I may call them so, I find it remarked that many were obliged to swear over again, though they had satisfied the judges. The test was offered to the men, and other oaths to the women, and all refusers were brought into Dumfries prison, against the time the judges were to return thither. These sub¬ stitutes did not fail to take sums of money, to enrol persons, as having satisfied, who did not take the test ; and no small sums were raised this way. About twenty eight prisoners were brought into Dumfries, against the return of the j udges, who were most cruelly treated by the way, and the very necessaries of life refused to them. No more offers to me from Kirkcudbright and Wigton, save the address that was sign¬ ed at Kirkcudbright, of which 1 have an account from the registers. Whether there was one from Wigton I know not, I have seen no accounts of it, if it was not joined to Kirkcudbright. By the council books I find, October 13tli, the committee for pub¬ lic affairs, transmit the address from Kirk¬ cudbright to the secretary, with the follow¬ ing letter. I insert both. “ My Lord, “We have this day received an account from my lord treasurer, of the procedure of the committee of council, sent to the district of Nithsdale and Galloway, here inclosed, whereby you will perceive, that by the dili¬ gence and influence of the lord treasurer, that place is brought to make a cheerful offer to his majesty of twenty months’ cess to be paid in four years, beginning at Martinmas next, and that by and attour the supply granted by the current parliament. They have likewise offered themselves to be bound for their tenants and servants, that they shall walk regularly in time com¬ ing. This is a very good example to the western and southern shires, so that if they can be brought up this length, there may be a considerable addition to his majesty’s forces. The districts of Clydesdale and Ayr have already offered six months’ cess, to be paid in two years, of which the lord register has no doubt given you an account. Your lordship will please to give the duke an account of my lord treasurer, lord Drum- lanrick, and Claverhouse’s diligence in that place. We are, “ My lord, &c.” Follows the tenor of the address sent up. OF THE CHUIiCH OF SCOTLAND. m CHAP VIII] To the right honourable William Marquis of Queensberry lord high treasurer, James lord Drumlanrick, and colonel John Gra¬ ham of Claverhouse, commissioners of his majesty’s privy council, for the shires of Dumfries, Wig ton, Annandale, and Kirk¬ cudbright, the humble address of the heri¬ tors, wadsetters, and liferenters , within the stewartry of Kirkcudbright. We, undersubscribers, heritors, wad¬ setters, and liferenters, being met by your lordships’ command and allowance, and having considered the representation made to us by the lord high treasurer, in name of the rest of the commissioners, in relation to the present state of affairs, in the south¬ ern and western shires ; and considering the great obligations that we and all his majesty’s subjects lie under to our gracious sovereign, for the many expressions and acts of his goodness and bounty to us : and as we are very sensible of the lord high treasurer his justice and favour to us on all occasions, whereof, in a due recognizance of the same, we shall never be unmindful ; so, from the representation made to us by his lordship, and a due sense of the great happiness this nation enjoys, under the government of the best of princes, to whose prudent care and conduct, next to the providence of God, we acknowledge we owe our liberty, tranquillity, and peace we have had under him for many years, while almost all other nations about us have been engaged in war. As also, that nothing hath stood in the way of our being the happiest of all people, but what had its rise from some disaffected persons among ourselves, and their with¬ drawing from the public worship, and frequenting house and field-conventicles, the consequences whereof involved a great part of the kingdom in those two unhappy rebellions, 1666 and 1679, unto which too many in this country had too great an accession. And albeit his majesty, from such provocations from these who gave a rise to those rebellions, might have exercised the rigour of his justice, to the full and total extirpation of that rebellious party, and have put the standing laws of the king¬ dom in execution, yet his boundless mercy and goodness was such, as not only to pass by the errors and escapes of such as through iv. ignorance were misled, but even to 1 ° . . 1684 I pardon and indemnify rebels them¬ selves, and others who had accession thereun¬ to : notwithstanding whereof, many do yet continue in their rebellious and pernicious principles, in a direct opposition to his majesty’s government, who being unworthy of the former acts of his mercy and good¬ ness, are now to be prosecuted to the ut¬ most rigour. Therefore we, the persons above designed, out of a due sense of our duty to God, to his sacred majesty and his successors, and out of a just abhorrence and detestation of all rebellion and separation, and as a true mark of our loyalty and allegiance to our gracious sovereign, and for the preservation of ourselves and posterity, do make an unanimous and cheerful offer to his royal majesty, whom we pray God to bless with a long, happy, and prosperous reign over us, and to his successors, towards the maintaining of the standing forces, for the better securing the peace and quiet of the kingdom, five months’ cess yearly for the space of four years, from the term of Martinmas next to come, and that by and attour the present supply payable by us by the act of parliament, dated in August 1681, beseeching his majesty graciously to ac¬ cept of this our unanimous offer and tender. Which five months’ cess, for the said four years, is to be uplifted, levied, and collected, out of the land rent within the said stewartry, in the manner as the present supply is payable to his majesty ; and the first term’s payment to be at Martinmas next, by way of advance, and so forth thereafter, at Whitsunday and Martinmas, being two months and a half’s cess termlv, during the said space. And as a further testimony of that duty and obedience wre owe to our sacred sovereign, and for the security of the peace and quiet of the government, for the future, we bind and oblige ourselves, for our tenants and cottars under us, that they shall live re¬ gularly and peaceably all time coming, or otherwise to extirpate and remove them forth of our lands, so soon as their irre¬ gularities shall come to our knowledge, either by the ordinary judges, or ministers within whose bounds they live, and shall a THE HISTORY OF THE SUFFERINGS [BOOK III. 1 Qf) I. ^ ^ ffive our utmost concourse and lob'*. & . , . . assistance in reducing them to justice, in case of their irregularities, and that under the certifications provided by law thereanent ; and what the lords of privy council shall be pleased to inflict against the contraveners thereof.” Signed by the haill heritors, October 9 th 1684. When the judges had ended their work at Kirkcudbright and Wigton, they returned to Dumfries, and finished what they had left undone there. I meet with their address sent up, October 30th, by the com¬ mittee for public affairs, and a letter to the secretary, with high encomiums upon the treasurer, for his pains in bringing that country to such expressions of loyalty. The address itself, signed by the heritors of Dumfries and Annandale, is much to the same purpose with that just now insert, and I love not needlessly to swell this work. “ They take notice, with great thankfulness, of the king’s sending down his royal brother the duke of York to Scotland, and declare they have nothing more to wish for, than that the king and his successors reign over them, and offer the king as many months’ cess as his majesty’s privy council here, or secret committee thereof, think fit, by and attour what the parliament has already granted ; and bind themselves for their wives, families, tenants, and cottars, their regularity, in such terms as his majesty’s council shall think fit and practicable by them, besides the ordinary certification by law ; and give assurances, that whatever shall at any time be proposed to them by the lord high treasurer, for the advancing of his majesty’s interest, shall be most cheerfully gone into by them. During the time that this court was sitting at Dumfries, and the other towns in this district, the soldiers were day and night searching up and down the country, and the informers busy to give notice of any Avlio had accidentally escaped the fury of the court. And the strictest searches possible were made for all wanderers, and persons upon their hiding. It was this severity which produced the declaration in [November from some of the society people which I shall give account of next section save one. The whole country almost was sworn against them, and the soldiers were killing them wherever they found them, and this treatment drove them to these ex¬ tremities we shall hear of. And indeed all along, the heights any of the persecuted people ran to, were plainly the effects of the unaccountable and illegal procedure of the persecutors. But it is high time to come to some instances of the severities of this court, in this southern district, against particular persons. And I shall give a short narrative of the sufferings of such as I name, before, at, and after this court, from well vouched accounts. The first who offers is Mr William M'Millan of Caldow, in the parish of Balmaclellan in Galloway. This excellent person was very harshly treated at this court, but I shall give a detail of his suffer¬ ings a little higher. After the reintroduc¬ tion of prelacy he was persecuted by Mr Robert Moir curate of Balmaclellan, assisted by Sir James Turner then raging in that neighbourhood. This gentleman was ob¬ liged first to leave his mother’s family for mere nonconformity; and marrying, in a little time he was forced to scatter his own, and live as a fugitive the best way he could. His losses in this period cannot be easily computed, besides the great hardships his person was exposed unto, though nothing could be charged upon him but peaceable recusancy. He had no accession to, or concern in Pentland, and yet Sir William Bannantyne quartered his men upon his family, apprehended himself, and detained him, with many others, prisoner in the house of Earlston ; and his house was spoiled, and his goods and furniture seized, and all this, notwithstanding he had given bond, under the penalty of a thousand pounds, to answer the council or justiciary for any thing that could be laid to his charge, conform to the warrant given to my lord Harris by the government for that effect. And when Sir William was afterwards, as we have heard, processed before the council for his exorbitancies, Mr William was put to vast charges, as one of the persons principally lesed, in waiting on CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 123 at Edinburgh, as a witness, to small pur¬ pose. This gentleman went frequently over to Ireland, to breathe a little in those heavy times, where he was often and much pressed by the presbyterian ministers of the county of Down, to pass his trials in order to the preaching of the gospel; for they had now long experience of his good parts and shin¬ ing piety. At length he was prevailed upon, • and after his passing through the ordinary trials with full approbation, he was licensed to preach about the year 1673. When, in the most cautious and peaceable manner, he was now and then preaching in Galloway, he was informed against by the earl of Nithsdale and the prelates, who made some noise about him; yet, without any order from the council, the said earl sent two of his militia troop, Alexander Maxwell, after¬ ward of Cowheath, and William Glendon- ning of Partan, with some other violent papists thereabout, who seized him, and carried him prisoner first to Kirkcudbright, and then to Dumfries, where, without any libel or accusation, he was continued pri¬ soner thirty five months without intermis¬ sion, to the great damage of his health. After many fruitless and yet chargeable applications to the council, upon the back of Bothwell, when the duke of Monmouth stopped the fury of the persecutors a little, he was liberate. Upon the first circuit at Dumfries after Bothwell, Mr William M'Millan was cited to it for reset and converse, and finding the design of the court was to bring all who compeared under sinful engagements, he absented, and was denounced rebel and fu¬ gitive at the cross of Dumfries, with many others. All the lieges were inhibit converse with him, and his goods confiscate to the king’s use. This turned to his great loss as to any money he had, and his stock and cattle ; and he was obliged to hide and lurk many months in the open fields, to the great prejudice of his health, which at best was but infirm. Those hardships at length threw him into a most dangerous fever, and when not recovered out of it, Mr M'Millan, with his infirm wife, was dragged by the soldiers to this court at Dumfries. After much se¬ vere and barbarous usage in the guard-house, he was sisted before the lords, w ho exam¬ ined him upon some entangling ques- tions, which he not answering, and withal peremptorily refusing the test, they most iniquitously ordered him to be carried to Wigton, under a guard, and abide trial when they came thither. By the road the soldiers forced him, not yet recovered from his fever, to walk on foot till he fainted; and when he fell down among their hands, they took a young wild colt near them, and set him upon it, without saddle, or any thing under him, to the great danger of his life. Being brought to Wigton, he had no other lodging but the open guard-house, without any bed for eight days, or any place to retire to, though he was under a violent dysentery and flux. When the lords came to Wigton, Mr William petitioned them, that he might have the favour of the king’s common pri¬ son, that at least he might be rid of the guards now continually about him, or that he might be allowed to give bond to appear at Edinburgh, as soon as he could reach it ; but such was their inhumanity, that both wrere refused. From Wigton he wras sent to Kirkcudbright, where Grierson of Lagg by orders, as he said, from Queensberry, threatened him most severely, if he w ould not take the test : but he, through grace, standing his ground, was sent prisoner to Dumfries castle, where he continued from the 22d of October, until the 22d of Nov¬ ember, in an open house among a throng of others, under a guard. It was a wonder to himself, and to all who knew his circum¬ stances, that under all this toil and hard usage, he died not among their hands. The 22d of November, he, with upwards of eighty others, men, women, and some chil¬ dren, were carried to Moffat kirk, where they lay that night, under great extremity of cold, being wet through, and most of them in hazard of drowning in the waters, under cloud of night, before they could reach that station. Next day being sabbath, the soldiers’ travelling day, they were car¬ ried twenty four miles to Peebles, under a guard of three troops of dragoons, command¬ ed by captain Clelland. There several of the prisoners were sorely beat, and cruelly mocked by the barbarous soldiers, and all of them in hazard of their lives, by crossing the water in a violent speat. Upon the 24th 124 THE HISTORY OF THE SUFFERINGS [BOOK III. they were carried to Leith tolbooth, i rft/i J and reproached bitterly as they went through Edinburgh. There they were so thronged, that they could scarce stand toge¬ ther, and had no conveniency so much as to ease nature. Here James Muirhead, late bai¬ lie of Dumfries, through the terrible fatigue, fell into a severe distemper ; and such was the barbarity of this time, that neither surgeon nor physician was allowed him, and he died in Leith tolbooth a little after their arrival; my account bears, it was on the 28th. By order of council, Mr Wiiliam M'Millan, with thirty four more, was brought up to Edin¬ burgh under a guard, and after examination, distributed to several prisons in Edinburgh and the Canongate. There they continued in great throng, and inexpressible difficul¬ ties, till, about the 18th of May next year, they were sent to Dunotter. Their hard¬ ships there, and by the way, I shall refer to that place. The reverend Mr William M‘George, minister of the gospel at Heriot, was like¬ wise before this circuit, and I have a hint of his sufferings from his w orthy son, pre¬ sent minister at Pennicook. Mr M‘George was, with many other honest and peaceable persons, sorely persecuted by Mr James Alexander, sheriff-depute of Dumfries, this year. The sheriff-depute imprisoned and lined multitudes, and caused secure two women for alleged converse with their near relations, who were in the Porteous rolls. When the circuit came about, the said Mr M'George, James Muirhead, late bailie of Dumfries, of whom just now, John Irvin, John Scot, John Gibson, Homer Gillison, James Muir, Andrew M'Clellan, all in Dum¬ fries, with many others, were carried into Leith, with the hazards and severities we have heard of. Mr M'George continued in prison till the middle of April next year, when he was liberate upon bond to compear when called. Several of these prisoners had been so peaceable and regular, (as it was now termed) as to hear the episcopal ministers, yet this did not exeme them from the above treatment. Before this same court I find Charles Maxwell in the parish of Keir. All they had to lay to his charge was converse with his sister-in-law, after he had given bond for her good behaviour, and by allowance brought her home to his own house from Dumfries prison, where she had lain for several months for mere nonconformity. By this instance Ave may see what the crimes were for which the heritors at this time were harassed. Generally speaking, they were perfect shams, made up for an occasion to press the test upon such as they hoped would refuse. Merely for this the test was put to him, and upon his refusing it, he was put into the thieves-hole, and laid in the irons. Thus he continued, which meanwhile was most arbitrary and illegal, till the lords returned to Dumfries, and they passed a sentence of banishment upon him. By the entreaty of his friends, and the violence of those hard¬ ships, he complied at length, and took the test, and was liberate upon paying twenty pounds Scots of fees. And to give all I have anent him, in November next year he was cited to a court at Glencairn church, for collecting charity to the pri¬ soners at Dunotter. He compeared, and when nothing could be proven against him, he was dismissed ; but that same night a party of soldiers came to his house, with an order to take ten pounds, or the readiest of his goods to that value, for his wife’s ab¬ sence from the court, when he knew noth¬ ing of her citation, and further orders to carry him prisoner to Dumfries. With much difficulty he prevailed with them to take his bond, with his master cautioner, for a thousand pounds to appear at Dumfries when called. At this same court at Dumfries, or some of the courts held by those deputed to ex¬ amine the country parishes, a very extra¬ ordinary case fell in. Some country wo¬ men Avere pannelled for being helpful to the Avife of one of the persons alleged to have been concerned in the rescuing the prison¬ ers at Enterldn-path, about forty eight hours after the rescue, Avhen she was in very hard labour. The poor Avomen, Avhen interrogate upon oath, acknoAvledged they Avere assisting to the poor travailing avo- man, and Avere found guilty of reset and con¬ verse with rebels, and very narroAvly escaped being sent to prison. This is a piece of barbarity not to be heard of among heathens. CHAP. VIII.] OF THE CHUllCH OF SCOTLAND. 125 When the lords were at Kirkcudbright, they lined, among others, Wiiliam Martin, son to the formerly mentioned James Mar¬ tin of Dullarg, in the parish of Partan in Galloway ; and I shall end the accounts of the court in this district with some hint at his sufferings. Besides the severities exer¬ cised upon his father already mentioned, Mr Martin was put to considerable charges before the justiciary at Dumfries 1679, for pretended accession to Bothwell. In the year 1682, he was charged by a herald to compear at Edinburgh, and there seven times pannelled, and yet no probation ad¬ duced as to his being at Bothwell ; yet he was forced judicially to renounce all the lauds he was infefted in before the year 1679, and, as he himself observes, put to great charges through the knavery of his agents, and the covetousness of the public servants. This gentleman, in his subscrib¬ ed account of his sufferings, now before me, says when he was at Edinburgh, Queens- berry sent for him, and offered to buy the fortune which he had a right to by his marriage with the heritrix of Caroe, but offered so little, that Mr Martin refused to sell it at that rate. Quensberry in passion enough promised to make him repent it, and said, he found him in the Porteous rolls, and, if possible, he might lay his account with loss of life and fortune. His lordship being too strong a match for him, he says, he was forced to dispone lands to the value of six hundred merks a year, for the sum of five thousand merks, which he reckoned of clear loss to him, six thousand three hun¬ dred and thirty three pounds, six shillings and eight pennies. In the beginning of this year, in his absence his wife was summoned, for his alleged baptizing a child with a presbyterian minister, and was presently forced to give bond for an hundred pounds Scots, which was paid. At several times he had eight dragoons quartered upon him, for some days, during this justiciary, colo¬ nel Douglas quartered upon him with forty four horsemen for some time, and being cited to the circuit at Kirkcudbright, and knowing the test was to be offered, he chose to withdraw, and was fined in ab¬ sence in seven hundred pounds Scots, which he paid. From these instances we may have some view of the procedure in this district. It is full time to come to that at Ayr. I shall give an account of the proceedings of this commission of justiciary, with a council power, at Ayr, mostly from a nar¬ rative sent me by a gentleman of honour then present. The lords present w ere, earl of Marr, lord Livingstone, and lieutenant- general Drummond, afterward viscount of Strathallan, and they sat down, attended with all the freeholders, toward the begin¬ ning of October. After the rolls were call¬ ed, and the heritors all present, each of the lords had distinct harangues, wherein they gave the freeholders to understand, “ That whereas there were before them Porteous rolls, wherein were crimes of high treason laid to the charge of most, if not all the nobility, gentry, and freeholders of the shire of Ayr, and the shire in general lay under a very bad character of disloyalty and dis¬ affection to the government, at court; there¬ fore they out of compassion to the inhabi¬ tants of the shire, well knowing their im¬ pending danger's, and as their friends and wellwishers, advised the nobility and gen¬ try there present, to consult among them¬ selves, and conclude upon what method ap¬ peared to them most proper to evidence their loyalty to the king and his lawful suc¬ cessor, thereby to remove the suspicious jealousy and bad impressions the court had of them with more to this purposal This was a handsome way to levy money by innuendoes, and to draw them into the test and other court measures. The propose, was gone into, and lieutenant-general Drummond, being alleged heritor by pos¬ sessing the forfeited estate of Kersland, and professing more than ordinary zeal for the good and reputation of the shire, was de¬ sired, by the nobility and gentry, to do them the honour to assist them with his best ad¬ vice and council. Without any ceremony he embraced the invitation ; and when they retired to another room, he was soon chosen preses. And after a discourse much of a strain with that above, and under the great¬ est protestations of his friendship, and hear¬ ty concern for the peace and welfare of the shire, gave it as his advice, and the most proper way to evidence their loyalty, and 126 THE HISTORY OF THE SUFFERINGS [ROOK III. ^ ^ obtain of the government an indem- '' ' nity for their past crimes, was to make a voluntary offer to take the test; and then he was persuaded the lords commis¬ sioners would effectually interpose their in¬ terest, that there might be no further prose¬ cutions, and a full indemnity would be granted for bypast faults, excepting a few, the court had just ground to suspect, had proceeded further in disloyal practices than could well be indemnified. And, in regard there was then no standing law to admin¬ ister the test to any such as were not minis¬ ters, and officers ecclesiastic, military, and civil, and therefore the lords commissioners could not legally impose it, he further gave it as his opinion, that all the noblemen, gen¬ tlemen and heritors there present, should petition the lords commissioners to do them the favour to administer the test to them, that they might have an opportunity to evi¬ dence their loyalty to the king, and to clear themselves of all disloyal practices. Upon this proposal several noblemen, gen¬ tlemen, and others withdrew from the meet¬ ing, and others stayed, and made another motion to make an offer of some months’ cess to be presently paid. After much rea¬ soning, the overture of petitioning was gone into, and a form of a petition was drawn up. When this was writ over, with three doubles, and blank paper to each for sub¬ scriptions, one for each lord, and the three districts of the shire, the lords separated, one to the body of the kirk of Ayr, another to the aisle, and the third, I suppose, to the tolbooth. The heritors of each district were called; and, after a new speech from each of the lords, aggravating mightily the danger they were in by the law, and yet signifying, that to evidence his majesty’s clemency, and their own regard to the welfare of the shire, they had gone into a proposal, made (by one of themselves) to petition for the favour of administration of the test, and then pro¬ posed the question to every particular he¬ ritor in each district, “ Will you sign the pe¬ tition, or not ?” Such who signed were dis¬ missed, and the recusants ordered to stay where they were. When the rolls were gone through, and the separation made, the lords retired and ordered the recusants to oe made prisoners where they were, by shutting the doors, and did not so much as allow those in the body of the church, to converse with those in the aisle, who were so pent up in that narrow place, that they were much strait¬ ened ; yea, neither meat nor drink was al¬ lowed them, but what they got towed up by the windows ; guards being posted at the entry, it was, it seems, resolved to starve the gentlemen into loyalty. I need scarce remark, in a period of so much illegal pro¬ cedure, the unaccountableness and unwar¬ rantableness of this method of arbitrary imprisoning gentlemen, who had received no indictment, and were guilty of no crime, save refusing to sign a petition, which they were at full liberty to do, or not to do, as they saw cause ; and one part of the heri¬ tors doing it, being no rule or just cause, to make the refusers suffer treatment due only to villanous offenders. Thus they remain¬ ed till the lords had dined, when, perhaps ashamed of this rude and indiscreet treat¬ ment of so many innocent persons of rank and quality, the commissioners came to a resolution to permit the gentlemen to come out, and confined them to the town of Ayr. And by a special favour, and with some dif¬ ficulty it was, that Sir William Wallace of Craigie obtained, that some of his friends might have liberty to go with him to his house out of the precincts of the town, and yet within a cry almost to the tolbooth. The commissioners proceeded next to administer the test to such who had sign¬ ed the petition, and when these were called, some of them, upon second thoughts, did alter their mind, and refused it. This cha¬ grined the lords so much, that though a little before they had owned, they were not authorized by law to press the test, the gentlemen refusers were immediately sent to prison, yea, some of them to that nasty place called thethieves-hole, as Montgomery of Bordland, a gentleman of a good family, and some others, where they were in a miserable case, and could neither sit, nor had room to stand upright. When this is over, the recusants, pretty numerous, and of good quality and rank, had indictments given them, containing many crimes, some of which the persons CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 127 pannelled were perfectly incapable of. Some youths, who had no families, but lived with their parents, were charged with reset and converse. Others unmarried, or who had no children, were indicted for irregular marriages and baptisms, and the like. These indictments likewise contained matter for multitudes of ensnaring questions, to which the pannels were obliged to answer upon oath. To all the former illegal steps they added this : the indicted gentlemen were classed into several divisions, and as many of them as they saw good, were remitted to be examined by the officers and subal¬ terns of Marr’s regiment then lying at Ayr, several of whom, in a little time, quit the profession of the reformed religion, and declared themselves papists, as lieutenant- colonel Buchan, and some others. This was a subcommitting of their power with¬ out any just ground, and making the army lords commissioners. Upon the report of the subcommissioners, shall I call them ? it appeared, several of the gentlemen were able to clear themselves of their indictments by oath, though others were not ; yet all of them were treated as alike guilty, which was another odd step. And the lords call¬ ed them all again before them, and made a new offer of the test to them, as the only way they would allow of, to clear their in- nocency in the alleged crimes, and by threatenings, promises and importunity of friends, not a few were prevailed upon, and the number of recusants was considerably lessened. Such who stood their ground, were afterwards one by one brought before the lords, and examined by the lord presi¬ dent of the day, upon their indictment, and the commissioners presided per vices. The pannel was still urged to take the test, and when they refused, though many of them M ere ready to clear themselves by oath of the particulars libelled, this was not alloned, but they were committed pri¬ soners to the room in the tolbooth of Ayr, called the council-house. This room was perfectly crowded, and the gentlemen had no other shift for several nights, but to lie there, nith their clothes on, upon some sort of beds on the lloor, brought in to them by their friends. But in the day-time their lodging wras yet worse, for the season being cpld, and the pannels’ number lessened, the lords met in the council-chamber where there was a fire, and the gentlemen were turned out to the cold common prison, among a rascally multitude of soldiers and others. And there the gentlemen u'ouldliave sometimes been so benumbed M’ith cold, that when they offered to write, their hands would not serve them ; yea, just above them was a large common room, where multitudes of the meaner country people M’ere so crouded together that they had not room to ease nature but as they stood, and the nastiness came down upon these below. When by all those hard¬ ships for several days, the lords found none of them would be forced to su'ear an oath they reckoned self-contradictory, they at length were pleased to dismiss them upon exorbitant bail, above the value of their estates, to appear at Edinburgh when called. I have no accounts of any cess offered by the heritors of this shire. . Before this court all the presbyterian ministers in the shire of Ayr nrere called, who in the former years had been indulged, or were preaching sometimes nrith their in¬ dulged brethren, and the test was offered to them, which, I need not add, they refused. Upon this they were ordered to bind them¬ selves, that they should exercise no part of their ministerial function, until the king and council gave them allowance. One or two, as my information bears, had clearness to come under that obligation, and M ere dis¬ missed ; but all the rest peremptorily re¬ fused such a tie, as a subjugating the min¬ istry they received of the Lord, to the king, and they were sent to the Bass, and other prisons, where they endured no small hard¬ ships, of which I am sorry I can give no particular account. Thus a clear house was made of presbyterian ministers in the west, and the orthodox clergy were for some time delivered of those eye-sores. And this year also a good number of the best, and most conscientious of the episcopal clergy, were turned out of their charges for refusing the test. The lords commissioners, by themselves and their substitutes dealt much with many of the country people to take the test, and erected a gibbet at the cross to frighten 128 THE HISTORY OF THE SUFFERINGS (.book nr. 1GS-1, ,^em’ an(! pointing to it, would say, yonder tree will make you take- the test. At this same rate they used to terrify young gentlemen. One day the earl of Marr, when going by the cross, pointed to the gib¬ bet, and said to a young gentleman yet alive, from whom I have it, a recusant, ‘ Will not that shake your resolution ?’ ‘ No, my lord,’ answered the other, ‘ if I am to be hanged, 1 expect so much advantage by my birth and quality, as to hang at the cross of Edin¬ burgh, and betwixt this and Edinburgh I may think what to do.’ As to the common sort, I am told they followed much the same methods used at Dumfries. All who were blamed for reset and converse, behoved to take the test immediately, or go to prison. They were likewise taken obliged to raise the hue and cry against all suspect persons. I find in one written account of the pro¬ cedure of this court, and it seems agreeable to their instructions, that they passed an act, discharging all to go out of their own parish, without their minister’s testimonial, by way of pass ; and all who wanted this were to be seized and imprisoned. The same information bears, that they discharged being at field-conventicles upon pain of death, and extended the act against house- conventicles, making that one, where there were two more than the family : but it is certain, they took up rolls of all who kept not the church, and charged all to be regu¬ lar under the highest pains, and put all whom they had cited, and were absent, to the horn, and forfeited some, and filled all the prisons up and down the country with such as refused the test. And to end this general account, the lords, before they left the shire, disarmed all such who refused the test, not so much as leaving a pistol or walk¬ ing sword. And many who were thus dis¬ armed, were gentlemen who had signalized themselves in the king’s service. Thus they treated that gallant as well as good man, whose memory is still savoury in the shire of Ayr, major Buntin. I am well informed, his services were so great and wrell known to the king, that he recommended him to his brother the duke of York in a very par¬ ticular manner, when he came down to Scotland, as one he had a particular regard unto. And if this good man could have l gone along with the courses of this time, I know he might have had some of the high- est posts in the army. And yet so insolent were those « ^gamissioners, that his very walking sword, ad a pretty carabin he used to divert himself with, were taken from him, though tin gentleman had never ta¬ ken the tender, or in the least quitted- the king’s interests, when he was at his low¬ est; and my lord Livingstone’s page had this sword given him, and wore it public¬ ly in the streets. That gallant gentleman captain Hamilton of Ladyland, who after¬ wards died in defence of his country against the French,* was disarmed, and many others. I shall end the account of the procedure * of the commissioners at Ayr, with two in¬ stances of particular severities, the one of a sentence of death, and the other of fin¬ ing and banishment. The first is a very affecting proof of the spirit of this time. A poor country man wras charged w ith being at_Bothwell; the account of whose trial I have from the forementioned person of hon¬ our who was present. Before passing sen¬ tence, the lord Livingstone president that day, told him, if he wrould answer one ques¬ tion the sentence should not be pronounced, and it wras, “ Do you own the king’s author¬ ity, or not?” The man answered very dis¬ tinctly, “ My lord, I do own the king’s au¬ thority so far as he acts by, and it is ground¬ ed on the word of God.” The president said again, “ I ask thee, man, dost thou own the authority, the authority of king Charles II. yea or no ?” To which he replied again, “ 1 do owrn the authority of king Charles II. as he acts conform to the word of God, and grounds his power thereupon.” The question was several times repeated, but the honest man w ould give no other an¬ swer ; and so the sentence passed, and he was ordered in a few hours to be hanged at the cross of Ayr. At the intercession of some ladies, indeed the poor man was re¬ prieved, and carried into Edinburgh. But it must appear horrid in a protestant coun- _ * Captain Hamilton of Ladyland in the par¬ ish of Kilbirnie, was the father of Hamilton of Gilberttield the poet, author of a modern version of the “ Valiant deeds of Sir William Wallace. ’’ and the correspondent of Allan Ramsay. — Ed. CHAP VIII.] OF THE CHURCH OF SCOTLAND. 129 try, or among Christians who own the Bi¬ ble, to hear of a sentence of death passed upon a person in open court, and after de¬ liberation, plainly importing an exemption of sovereigns in their actings, from confor¬ mity to the word of God, and supposing a power in. them beyond, and without any foundation of a divine law. The other instance I give, is of that sin¬ gular person I have mentioned more than once before, Quintin Dick, feuar in Dal- mellington ; and I give it from his own pa¬ pers. After a considerable struggle whether to appear or not, he at length determined with himself to obey the citation, lest his noncompearance should be reckoned con¬ tempt of authority, and he guilty of the things laid to his charge, or a favourer of the wild principles and practices some of the sufferers were falling into. When he compeared he had a libel given him, upon which he was interrogate next day, when, being asked if he conversed with rebels, he answered, he withstood the rising at Botli- well, as much as he could in his station, but after they were broke he supplied the party with meat and drink. Being required to swear upon the alleged treasonable posi¬ tions, he said, rising in arms upon self-de fence, and entering into leagues and cove¬ nants without the consent of the magistrate, were points controverted among divines and lawyers, and he could not take upon him by oath to determine them. And being re¬ quired to take the oath of allegiance, he declared, he owned the king’s authority in things civil, and was ready to swear it, but supremacy in things ecclesiastical was such an usurpation upon Christ’s kingdom, that he was a better friend to the king than to wish him it. Whereupon the lords passed the following sentence upon him. Quintin Dick in Dalmellington being found guilty of converse with the rebels, of refusing to depone upon the treasonable positions, and refusing to swear the oath of allegiance, is fined in a thousand pounds sterling, and banished to the plantations in America.” There follow in his papers several judi¬ cious and solid remarks upon this sentence, too long to be insert. He observes, that as to his converse with rebels, none were named in his indictment, and they had no IV. < ground for it, but by his own acknow- 0 J . 1684 ledgment that he had charitably sup¬ plied some of the fleeing party with meat when fainting, and if there was any thing in the law contrary to this, it is superseded by God’s plain command. As to his refusing to swear upon the treasonable positions, he declares he hath much peace in it, and durst not by an oath condemn the practice of our worthy ancestors and many others. And as to the allegiance, he thinks no law obliged him to take it, and he could not swear the supremacy now joined with it, being persuaded, that the church of Chx-ist hath a government in ecclesiastical matters, independent upon anymonarchy in the world, and that there are several cases which no way come under the king’s cognizance. Upon the back of this sentence, all his moveable goods were immediately seized, as appears by a commission, to Robert Crawford and John Speed messengers, by the lords, to intromit with them, and an assignation of them at the value of two hundred and seventy six pounds Scots, yet remaining. This good man’s house at Dalmellington, was set apart for a public guard-house, for the soldiers to keep guard in as they went and came from Galloway. He was himself immediately cast into one of the most noisome holes in the prison, with thieves and murderers ; and he notices, in very moving expressions, and with many suitable applications of passages of scripture, to the praise of God, and support of other sufferers, notwithstanding of age and infirmity, and the stink and filth of the place, and their crowd, so that they could scarce get standing, and multitudes of inex¬ pressible hardships, he w as not only borne through, but could glory in tribulation, and say, patience was wrought, and experience, and hope, and the love of God shed abroad, and he had a hundred-fold even in this life, beyond what the world could afford. After that he continued tossed from one place to another, from Monday to Satur¬ day’s night when about seven of the clock he was put into the guard, and carried on the Sabbath-day to Glasgow, and thence to Edinburgh, w'here he disclaimed the society people’s declaration of w ar, before the council, and w as examined by them R 130 THE HISTORY OF THE SUFFERINGS [ROOK III. j upon the very same points upon which his sentence at Ayr run, and had the test offered him, which he peremptorily re¬ fused. He remarks, that he was sweetly supported of God, apd much refreshed by the company of many worthy gentlemen in the prison ; and as the sufferings of Christ grew, so consolations abounded by Christ. Thus he continued in prison till he was sent to Dunotter next year. This knowing and judicious Christian, with a great deal of caution and exactness, states the grounds of his sufferings ; and if the reader find as much pleasure, as I have done, in this extraordinary country man’s account of matters, he will not grudge to read the state he made of things before he came to the court at Ayr, in his own words, though considerably shortened. He remarks, ‘ that our rulers from one step to another, had pushed their op¬ position to the presbyterian establishment ; that in October 1684, they would allow no presbyterian minister to preach publicly or privately, and were now come to press bonds and tests, disclaiming all owning of presbytery, and binding to an entire subjec¬ tion to prelacy, and would oblige every one to search for and apprehend all who favour¬ ed that way, till they wrere utterly extin¬ guished. For those ends the court met at Ayr at this time. Now, says he, this con¬ formity to prelacy so strongly urged, w as brought to every man’s door. The most painful of deaths wras more to be desired than imprisonment now, because of the throng and nastiness of the place, the dreadful company there ; and particularly we were abandoned by friends who found clearness to make compliances. The fore¬ thoughts of these upon the one hand, and the fears of quitting in the least Scotland’s work of reformation, brought me to a choke. Upon the one hand, disobedience to the law laboured under the reproach of alleged schism and separation from the church, affected vanity, singularity, bigotry, Avilful weddedness to a party, and contempt of civil authority, and, if magistrates would, might be followed with utter ruin ; and if I should conform, I could not free myself from the charge of backsliding apostasy, and abandoning the interests of Christ, and rebuilding what in my place and station I was called and covenanted to destroy. In a word, I would be guilty of quitting an ordinance of Christ for a human invention. Many things darkened my case, and heightened my grief. The grievous divisions fallen in among the presbyterian party, some of them being for no preaching with¬ out the magistrate’s allowance, others for ministers following their calling and com¬ mission from Christ at all hazards, and a few who stated themselves against all who w'ould not come to their heights, in declining authority to the reproach of nonconformity, so that enemies represent all presbyterians as of those wild principles. This was one of the bitterest parts of my cup. But know¬ ing that the devil is now aloft in Scotland upon the one hand and other, to ruin the presbyterian interest, and cause of refor¬ mation, I found it my duty to bear my witness for it. Under this design it wras a new damp to me, that a great many one wray or other, after Scotland had attained such lengths of reformation, have owned the ministry of the prelatists, and join with them in ordinances. And now being necessitate to choose in this case, and either own prelatists as lawful ministers of this church, or give a reason why I cannot, in all humility and fear of God, without the least design of reflecting upon such who have freedom to comply, I give those reasons following. But in respect of the woful mistakes the difficulties of the time hath rendered presbyterians and every thing of this nature liable to, I take liberty in the first place to declare my judgment, anent that precious ordinance of magistracy and civil government. I own and avow magistracy as God’s ordinance appointed in his word ; and particularly, I own king Charles II. as my lawful king, and sole monarch of those realms, acknowledging all lawfful obedience and subjection to him in the Lord, and disclaiming all and what- somever attempts against his royal person and all libels favouring of contempt of hh authority But, in the next place, I must in all humility, and with due reverence t( authority, say, that I cannot give the activ< obedience required by act of parliament anent owning and receiving of prelatica CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 131 preachers, as the lawful ministers of the l church of Scotland ; and that because I stand under an obligation before God and the world, to bear my witness for presby¬ tery, iu opposition to prelacy; and in re¬ spect I can by no distinction reconcile hearing and receiving ordinances, at the hands of sworn and avowed prelatists, with the allegiance I owe before God, for pres¬ bytery ; I cannot, without violenting my own light, hear or own prelatists as the lawful ministers of the church of Scotland, and my reasons are ; 1st, Our Lord Jesus Christ, the supreme and only head and lawgiver in his church, did appoint, in the person of his apostles, a perpetual ministry in his church, the sum of whose charge is both severally and jointly to take care, and oversee and feed the church of God, and the chief part and duty of such office is to preach, teach, and consequently rebuke, reprove, exhort, remit, aud retain, bind and loose; in which things the heads both of doctrine and discipline, with their immediate power and warrant from Jesus Christ, are clearly held out independent upon any civil power upon earth, and to be exercised by a parity among themselves, our Lord himself peremptorily prohibiting all lordly domination amongst them, which accord¬ ingly his faithful apostles and ministers practised during their time, and left it so to the world’s end by their example. 2dly, This church-government being a trust com¬ mitted to the ministers of Christ, as well as the preaching of the word, and so an ordinance of Jesus Christ, is no more to be yielded than any truth of God. 3dly. Presbytery from Scotland’s first delivery from the tyranny of Rome, has been the due right of that nation, and has therein been exercised by the sent ministers of Christ in parity, and recognosced by the king and law, except some intrusions prelacy has unjustly made upon its rights. 4thly. Prelacy was brought to a judicial trial by the judicatories of this church, and found a human invention void of any warrant from God’s word, and accordingly sentenced and cast out of this church, and thereafter this was ratified by act of parliament. Stilly. The whole kingdom in the full persuasion of presbytery’s right, i and prelacy’s tyranny and usurpa- tion, became solemnly sworn for the maintenance of the one, and extirpation of the other, ilk man in his place and calling. Nowr, under these circumstances I can by no means reconcile the compliance required by law, with the allegiance I owe before God and man for presbytery.” This may suffice for this excellent man, and I shall say no more as to the court at Ayr. Let us now come eastward to the court held at Glasgow, lvhere were present the duke of Hamilton, the lord Lundin, after¬ wards earl of Melford, secretary, and the lord Collington justice-clerk. So large accounts have been given of the two for¬ mer districts, that I shall pass many things here wherein there was a coincidency. Upon the 14th of October they met. To that day, we find, Stirlingshire heritors wrere cited, and, I suppose, their meeting was opened with a sermon, as the sessions are in England ; at least there is before me in print a sermon preached before them at Glasgow, and dedicated to them by Alex¬ ander Ross, D. D. and professor of theo¬ logy at Glasgow. We have not many in¬ stances of this nature, and the reader, it may be, may desire some account of a ser¬ mon at such an occasion, and published by the command of the justices. The dedica¬ tion gives us the professor’s testimonial to the judges, and his account of their actings in this court, “ That their incomparable zeal and dexterity, whereby they managed the court, was incredibly to the advantage of a decayed religion and loyalty in that corner.” His text was Acts xxvi. 28. “ Thou almost persuadest me to be a Christian but if the professor hath preached as he hath printed, which no body will question, I may apply Cowley’s character. “ He reads his text, and takes his leave of it. ” And without offering at any thing explica¬ tory or textual, he lays down this scheme, which, how well it agrees with Mr Cowley’s character, the reader will judge. “ I will,” says he, “1st. show the different parties of our divided Zion. 2dly. The malignancy of the national sin of schism. 3dly. The ne¬ cessity of episcopacy for supporting the main concerns of Christianity. Lastly, The i application.” One cannot help thinking he 132 THE HISTORY OF THE SUFFERINGS [BOOK m. ] gg i might fully as well have chosen Gen. i. 1. for a text for this subject. Indeed to those he premises a general account of Christianity, as he calls it, that he might have a hit at the disfigured faces, and hideous tones of some people, and every body knew whom he would have been at ; and them he charg¬ es with being the occasions of the nation’s heavy taxes, and paints, them out as the authors of all the confusions, rebellions, as¬ sassinations, and daily tumults in this king¬ dom ; and after a great many ill names of the declarations at Sanquhar, -Rutherglen, & c. he gives a broad innuendo upon the reformation, complaining, that the nation lies under the reproach of ruined cathedrals, and metropolitical sees; and then in his deep oratory, descants upon bishop Sharpe’s monument; and after some dry satire upon the remaining inclinations of so many to¬ wards presbytery, he handles the evil of the sin of schism, anjl by some thread-bare ar¬ guments, a hundred times answered, the doctor endeavours to show the useful¬ ness of episcopacy to remove schism, heat, and many ill things in the church of Scot¬ land, since her reformation by presbyters. And for application, after he hath taken notice how unsuitable it is for an evangeli¬ cal pastor to whet the sword of justice, and press severities, he comes gravely to tell the judges, that they will be justified in what¬ ever severe methods they find proper, by the malignancy of the present schism, and the inveteracy of the distemper ; and pres¬ ses them to take the harshest ways with such as threaten the very extinction of Christianity ; and concludes with acquaint¬ ing them, the church is like to suffer more from her present enemies, than ever she did from Nero and Dioclesian. I wish, by this time, the reader be not outwearied with this fulsome account. Here the native spirit of the orthodox clergy breathes freely; and after he hath painted out the persecuted par¬ ty and presbyterians, in the most odious colours, and when he hath wiped his mouth, and condemned himself in what follows, he plainly hounds out the judges to wholesome severities, and tells them, though they come the length of persecution, it is no more than the schismatics deserve, being worse than Nero and Dioclesian. After the teaching and breathing out so much cruelty and se¬ verity, in so public a manner, I wish, for their owm sakes at least, the prelatic party would be a little less clamorous upon the extremities and excesses some few of the sufferers were at this time driven to, by the oppression thus preached up upon them. We heard, in the beginning of this section, that the shire of Stirling wras adjected to this district. Accordingly, the heritors of this loyal shire attend, and give in the fol¬ lowing petition or address. Unto the honourable lords commissioners of • his majesty’s honourable privy council, the humble address of the heritors of the sheriffdom of Stirling , convened by your lordships' warrant, Showeth, “ That w hereas your lordships were pleased to ordain us to convene among ourselves, to consider what course wre should propose or suggest, for securing the peace and order of the country ; in obedience thereunto we convened, and having considered your lord- ships’ proposals, we find ourselves so much obliged, in duty and conscience, to obey his sacred majesty and government, and those intrusted by his majesty therein, as w'e would not presume to make our proposi¬ tions, except in so far as wre do all unani¬ mously declare our utmost, dutiful, and absolute submission to, and compliance with his majesty’s authority and government, as it is now established, and our. utmost de¬ testation and abhorrency of all rebellion, rebellious practices and principles, assistance thereof, connivance therewith, or whatever may tend thereunto ; and that wre are will¬ ing at all times, and by all means in our power, to witness the same with our lives and fortunes, and that we are aud shall be ambitious of all occasions and opportunities, by which we may express the same ; and of which, wre humbly presume, we gave such testimony, as we could, in the time ol the late rebellious insurrection, w hen none of our heritors of any value was absent from his majesty’s host, and our militia re¬ giment of foot, in as good order as most of the kingdom, in obedience to his majesty’s commands, sisted themselves at Stirling, CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 133 to do their utmost in his majesty’s ser¬ vice. Nor can it be instanced at any time, that any shire in Scotland has been more forward and ready, according to their power, in his majesty’s service, than we have been. And though, in the late rebellion, a very few inconsiderable persons, never looked on as gentlemen in' our bounds, followed the rebels ; we humbly expect, from the justice and clemency of his sacred majesty, and the government, that their fault, so much abhorred by us, should not be imputed to us. Whence, we cannot conceal from your lordships, the grief and anxiety of our minds, in being now classed and ranked with the other places of the country, chief actors in, and compilers with the late rebellion, and other disorders, who were long since out of their just jealousy of their disaffec¬ tion to the government, disarmed by pub¬ lic authority. But having a deep sense of our duty to our sacred sovereign, his au¬ thority and government, and of his sacred majesty’s benignity and favour to his loyal subjects ; and also considering our own in¬ nocence, and good affection to his majesty and all his concerns, we all declare cur- selves ready and willing, for further secu¬ ring the peace of the kingdom, and strength¬ ening his majesty’s government, to contri¬ bute, in all submission and humility, in the supply of three mouths’ cess yearly, for two years ensuing, to be paid at Martinmas and Whitsunday next, by equal portions, over and above the supply granted by the cur¬ rent parliament, with the charge of stand¬ ing militia, horse and foot, or any other supply in our power, to his majesty’s gov¬ ernment, that may not import on us a mark of distinction from others his majesty’s most dutiful, most loyal, and affectionate subjects ; and we promise to attend ordi¬ nances dispensed in our parish churches, notwithstanding of the latitude given by the acts of parliament every Sunday, so far as possibility and conveniency can allow, and our absence shall neither be wilful nor con¬ tumacious. In which terms, we humbly expect, that this our cheerful offer shall not be understood as extorted from us, out of any sense of hazard we apprehend ourselves ir. for delinquency. And we humbly, cheer¬ fully, and heartily offer our sup¬ port and concourse to his majesty’s government, and quiet in the country ; in manner foresaid.” I doubt not blit this address, intermixed as it is with a vindication of themselves, was well received by the lords. I find no¬ thing of such offers from Lanark, Renfrew, and Dumbarton ; and ere I leave fhis head of the offers made by the shires, it may not be unfit to observe, that the council, by their act December 3d this year, “ restrict the offers made by the shires to three months’ cess, till they further consider them, and appoint them to be paid all within a year, because they say the parliament is shortly to meet.” Whether they extend this three months’ cess over the whole nation, or re¬ stricted it to the shires named, I know not, but it is plain they inclined to have it all, and as soon among their hands as might be. The lords commissioners at' Glasgow, likewise had a bond of regularity delivered in to them by the Stirlingshire gentlemen, signed by their hands, which deserves a room here, and it contains an obligatory clause for the offered cess. Bond for regularity , signed by the shire of Stirling, October, 168-1. “ We undersubscribers, noblemen, heri¬ tors, and others, within the shire of Stirling, for testifying our deep sense of duty to our most sacred sovereign the king’s most excellent majesty, and from our abhorrence of rebellion, and rebellious prin¬ ciples, irregularities and disorders, and to evidence our firm and constant resolutions to adhere to his majesty, his heirs and law¬ ful successors their interests, and to contri¬ bute our utmost endeavours to employ our lives and fortunes for his security, and the peace of the government, and the extirpa¬ tion of every thing that may tend to the disturbing thereof, bind and oblige us, and ilk one of us, for ourselves, our families, tenants, subtenants, cottars, and servants, that we and they shall live regularly and orderly, according to the act of parlia¬ ment, and shall not connive at any disor¬ der, but, to the utmost of our power, shall repress the same, by taking and de¬ livering the offenders to justice, if in our THE HISTORY OF THE SUFFERINGS [BOOK III. 134 1 ( 84 l10wer’ an(* giye timely notice to ' the next magistrate or officer of his majesty’s forces, and shall assist and concur with them, for taking, apprehending any fu¬ gitives, vagrant preachers, or such as reset, assist, or maintain any such ; and that we shall not harbour, reset, or maintain any rebels, fugitives, or intercommuned persons, nor suffer any such to be upon our grounds or estates. And further, we, and ilk one of us, bind and oblige for ourselves, our families, tenants, subtenants, and cottars, duly and orderly, and ilk Sunday to frequent our own parish churches, unless we have a reasonable excuse to impede us therefrom ; and shall partake of the holy sacrament of the Lord’s supper, whenever the occasion offers, unless we be able to give satisfaction to our minis¬ ters, of our present unfitness to partake of that holy ordinance. And such of our tenants, cottars, and servants, as live upon our lands and heritages, as shall refuse to partake of that holy sacrament, without a reasonable excuse to satisfy their minister, as said is, and shall be complained of to us by our min¬ isters, we shall deliver up their persons to the ordinary magistrates, to be punished ac¬ cording to law, if in our power, or shall re¬ move them from off our lands and heritages ; and that we shall not baptize or marry but with our own parish ministers, without their allowance : and we bind and oblige us, and ilk one of us, to perform the premises, and every part thereof, under the pains and pen¬ alties due to such crimes as we shall connive at. And we shall behave ourselves as loyal and faithful subjects, by declaring and dis¬ covering what may tend to the disquiet of the kingdom, or disturbance of the peace thereof, any manner of way ; and that we shall not rise in arms against his majesty or his authority, or his heirs and lawful suc¬ cessors, but shall defend the same with our lives and fortunes. And as a further evi¬ dence of our loyalty and sincerity in the premises, we hereby bind and oblige our¬ selves, our heirs and successors, to pay into his majesty’s treasury, or any who shall be appointed to receive the same, for his ma¬ jesty’s use, three months’ cess yearly, over and above the cess imposed by the current parliament, and that for two years, payable at two terms in the year, Martinmas and Whitsunday, by equal portions, beginning the first term’s payment, being a month and a half month’s cess, at the term of Martin¬ mas next, and so forth to be continued term- ly, aye and while the expiration of the said two years. And we are content and consent, that all diligence pass against us, for inbring. ing thereof, as may pass against us for the cess imposed by the said parliament. In testimony whereof, &c.” Nothing can be more extensive than this bond of regularity, and it reached farther than any paper of this nature I have seen, and effectually secured the payment of the cess, and the carrying on the persecution in this shire, the two great things the lords had in view. Whether such bonds were signed in the other districts, I know not, but it is not improbable that the same method was followed through them all. I should now come forward to the parti¬ cular instances of their severity at Glasgow ; their chief work was among the heritors in Renfrew and Lanark, and good numbers of them by no means could be brought up to take the test, and their treatment of them will come in upon the succeeding section, so that my work will very much shorten here. The persons delated by the curates and their elders, as we have heal'd, in every parish within this district, were called, and such heritors who refused the test, and others who declined taking the bond of regularity, were imprisoned. Instances in every parish could be given, but they would be endless ; and therefore I shall point but at a hint or two in every shire. In Lanarkshire, from the parish of Evan- dale, I find about thirty six of the common sort imprisoned at Glasgow for refusing the test and bond, which by no law they were obliged to take. Their names before me would take up too much room ; and this besides the four gentlemen from that place, imprisoned with the others who fall in next section, Netherfield, Overton, Browncastle, and Bannantyne of Craigmuir. Most part of the common people continued in prison at Glasgow and other places, upwards of half a year, and many of them were sent to Bu- nottcr, Blackness, and other places. From , the parish of Cambusnethan, the two lore- CHAi\ VIII.] OF THE CHURCH OF SCOTLAND. 1 35 mentioned gentlemen, Allanton and ITart- vvood, w ith good numbers of the common sort, appeared before this court. The gen¬ tlemen refusing the test were remitted to Edinburgh, and had their share, with the rest to be mentioned, of sixteen months’ im¬ prisonment, to the great hazard of their health, and prej udice to their estates. Their rents were all arrested, as wras done, 1 think, unto all the gentlemen in prison, by which their families were reduced to straits great enough. William Dalziel of West Redmire, in the same parish, upon his refusing the test, was made close prisoner in Glasgow tolbooth, and, through the hardships he underwent there, in a little time he died. No moyen could prevail to get him out of prison during his illness ; and w hen dead, it was with great difficulty that his friends were allowed to carry his body to the se¬ pulchres of his fathers in Cambusnethan church-yard. Informations before me bear, that two hundred of the smaller heritors, belonging to the district of Glasgow, were, for refusing the test and bond, banished to the plantations. The greater heritors were remitted to Edinburgh, and, as we shall hear, received indictments as to converse, reset, and relieving the sufferers, and church dis¬ orders : all which were referred to their oath for probation ; and they fined above the value of their estates. I find, that the rude sol¬ diers haled several sick and weakly women into Glasgow at this time, for their not hearing of conformists, some w hereof died in a few days after they were put in prison, such as Agnes Livingstone in Kippen parish. I shall end this account of the treatment of suffering presbyterians at this time, with an attested narrative of some very honest people in the parish of Lochwinnoch, who were banished by the lords, and most bar¬ barously treated after sentence, much in the words of the sufferers, some of whom are yet alive attesting this. They observe, that a little before the lords came to Glasgow, a sabbath or two, John Marshall sheriff-officer, made intimation at the church-door of Loch¬ winnoch, that all heritors, how mean soever, should compear before the lords. The per¬ sons underwritten and others, accordingly went into Glasgow, and waited several days before they were called ; and yet some of the company were so poor, that they had scarce whereon to sustain themselves. * ^ ^ At length they were called, and, as they answered to their names, the test and bond of regulation was put to them, and the oath of allegiance with the supremacy inter¬ mixed with it. Upon their refusal to swrear, and to sign, they were cast into prison, where they lay twenty days. The throng was so great, that they could not lie down upon the floor all at once, but did this by turns. They were a second time called before the lords, who passed a sentence of banishment on them to the plantations. This, they say, they were very glad of, for they choosed banishment rather than an appearance before the lords, where they knew the escaping of one word would hazard their lives. And, November 1st, Robert Orr of Millbank, James Allan portioner of Kerse, John Orr of Jamphrey- stock, James Ramsay portioner of Auchin- hane, John Orr of Hills, Robert Sempill of Balgreen, William Orr portioner of Keam, and Robert Blackburn of Landiestone, these belonging to Lochwinnoch, and all of them heritors, were carried in hard frost and snow to Stirling on foot, with about forty other prisoners. There, though very weary, and without any refreshment, they were forced into three low vaults, some steps under ground, without fire or light, or any thing to lie on, and no place to ease nature in, but the corners of the vaults. Indeed they met with no small kindness from some good people in the town, who brought in straw to them to lie on, and coals for fire, and some sent meal and money to them, which was a great relief. They were made to believe, that very soon they were to be sent off to the plantations, and accordingly they sent to their friends in the west for some money to take with them, which was sent as far as could be done in a short warning. Whether this was a trick of the soldiers, that they might finger any little money they could get, I know not ; but no sooner did it come up to them, but a serjeant, named John Downie, in Bell’s company in Marr’s regiment, by order, as he said, from the earl, came to the prison with a party of soldiers, with kindled matches.The town-officers who kept the keys 136 THE HISTORY OF THE SUFFERINGS [BOOK III. ^ t were caused open the doors, and the serjeant with the soldiers went in and searched them, and took all their money from them ; from Robert Blackburn, thirty seven pounds, Robert Sempill as much, Robert Orr fifty merks, James Ramsay eighteen pounds, John Orr three ducatoons, John Orr in Hills eleven full dollars. It is not minded what was taken from the rest of the prisoners. When the soldiers were robbing them of their money, the prisoners eai’nestly begged they might leave them some small part of it for their present maintenance, and accordingly some little Mas given back to each, and the soldiers left them, but came back within half an hour, and took it again ; and though they should have starved would not allow them to keep one farthing. They remained in Stirling till May, when they were taken out, and tied two and two with cords, and sent into the Canongate, where they lay some time, and some of them were sent to Dunotter, where we shall afterward hear of their hardships ; and all this they with multitudes of others endured, merely because they refused the test and bond, which by no law could be forced upon them. This may suffice for giving some view of those council and justiciary circuit- courts, in October this year. SECT. VI. Of the exorbitant fining and long imprison¬ ment of a considerable number of gentle¬ men after those courts, November and December, 1684. When I was designing to have cast in the accounts of these excellent gentlemen’s sufferings, with those last mentioned, they su'elled so much upon my hand, and the circumstances seemed so singular, that I could not but think they merited a section by themselves. The gentlemen whose singular hardships I am entering upon, nrere, for quality, peace¬ able behaviour, good sense, and singular piety, behind none in the nation. And they were the remains ( after many deaths, and upward of twenty years’ severity ) of those of their rank in the west-country who had stood firm to the presbyterian interest ; and yet had managed themselves with that temper, caution and prudence, as the gov¬ ernment could not reach them, till this self¬ contradictory test came about, and even that could not be legally forced upon them, and then cheerfully they chose the reproach of Christ, and affliction with the people of God. And when matters came to be so stated, that they behoved either to suffer or sin, the choice M as easy. Their reflec¬ tions on it since have been comfortable, and their memory will be savoury, while the hardships put upon them will x'emain a lasting stain xxpon this government. Many of them, if not all, were before the courts at Dumfries, Ayr, and Glasgow, and there upon sham indictments, either sent pri¬ soners to Edinburgh, or obliged to find bail in exorbitant sums, above the real value of their estates, to appear there. In November they appeared, and were impri¬ soned, most of them fifteen months, and some of them longer. I am sorry that at this distance of time, I cannot so much as recoid all their names; severals from Ayrshire and the south have not come to my hand ; but these following in about this time, were sometimes close prisoners in the tolbooth, and sometimes in the castle of Edinburgh, and so harshly dealt w'ith, that w'hen some momentous affairs, and the sickness and death of some of their nearest and dearest l’elations plead¬ ed for a week’s interval upon bail for Mrhat- ever sums the managers pleased, it could not be granted. From the shire of Ren¬ frew, Sir John Maxwell of Nether-Pollock baronet, since the revolution privy coun- selloi-, and now for twenty years one of the senators of the college of justice, and during some yeax-s justice-clerk; the lairds of Craigeuds elder and younger, the laird of Duchal, the laird of Fulwood, Zacharias Maxwell of Blavvarthill brother to Sir George Maxwell of Nether-Pollock, James Pollock of Balgray, John Caldwell of that ilk. From the shire of Lanark, the laird of Allan- ton, the laird of Halcraig, since the revolu¬ tion one of the senators of the college of jus¬ tice, Mr Andrew(since Sir Andre w) Kennedy of Clowburn, some years lord conservator, the laird of Overton, the laird of Hartwood, James Young chamberlain of Evandale, CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 137 the laird of Browncastle, Mr John Bannan- tyne of Corehouse, since the revolution minister at Lanark, Bannantyne of Craig- muir, and the laird of Bradisholm. From the shire of Ayr, Sir James Montgomery of Skelmorly, Sir Adam Wliiteford, Cun¬ ningham of Ashen-yards, and several others not come to my hand. From Dumfries and Galloway, Mr Hugh Maxwell of Dal- swinton, and the laird of Balmagechan. And whether it was at this time or not precisely, I cannot say, but it was much upon the same score, that the following gentlemen from the Merse, some of whom have been hinted at formerly, were exor¬ bitantly fined ; the laird of Riddell, the laird of Greenhead, the laird of Chatto, the lord Cranston, Sir William Scot of Harden, senior and junior, the laird of Wall, with severals from other places. Let it be once for all observed, that if those worthy gen¬ tlemen had had throats wide enough for the test, the taking of it would have purg¬ ed them from all the crimes charged upon them, contributing for Argyle’s supply charged only upon a few of them, reset and converse with rebels (for actually join¬ ing in the rising was not pretended, many of them being with the king’s host, and all of them of known loyalty ) and church ir¬ regularities. But rather than take a con- tradictory oath, they would all suffer to the utmost. Their case was in short this. They had been once and again in the Por- teous rolls, and no probation found against them, and their diet deserted. Now they are charged with high treason, as guilty of reset and converse with such as had been at Pentland or Both well, which was the case of every body in the west and south. They had no probation against them but what would equally have levelled at all, and many of the managers themselves, and therefore they would not proceed in a crim¬ inal way with them except in Duchal’s case, but the advocate restricted the libel to an arbitrary punishment, and passed from the capital pains of treason ; and thus by the letter above set down, impetrate from the king, the heads of their libel were re¬ ferred to their oath, and the test, which could not be imposed on them, was of¬ fered to them, and upon their refusing to IV. swear upon their libel, and take the test, they were fined above the value of their estates. In a word, they were a set of worthy, pious, and peaceable presbyterian gentlemen, who, for upward of twenty years, carried so loyally, as that they could be reach¬ ed by no law then in being. The test did not come to their door by act of parliament, they being in no places of trust. The managers, having felt the sweet of former forfeitures after Pentland and Bothwell, had a mind for their estates. The gentlemen could not be reached that way, and yet viis et modis the managers would be at them for their constant regard to presbyterians, and their good estates ; therefore indictments and li¬ bels are trumpt up against them, and the test offered, which they knew they would never take, to keep the prosecutors in some countenance, and then, as disloyal and sus¬ pect persons who would not take the test, the council fines them in prodigious sums equal to a forfeiture, and above the real value of their estates. The case of those worthy sufferers being, generally speaking, much the same, it will be needless to narrate each of their proces¬ ses, and indeed I want distinct narratives ot several of them ; I shall then give some hints from the council-registers, and origin¬ al papers some of them have been pleased to communicate with me, and from these the reader will be in case to form a notion of the unaccountable and arbitrary proce¬ dure of the managers with all of them. And it may be proper to begin with that singu¬ larly pious and worthy gentleman, John Porterfield of Duchal, whom I have before had occasion to mention in the former part of this work ; and I shall give a narrative of his persecution from the public registers, and some other original papers. November 20th, I find the council order the advocate to insist against Porterfield of Duchal before the justiciary, for high trea¬ son, and they allow him lawyers to plead. This process against him, was to strike terror in the rest of the gentlemen, for they had no more against him that I can observe, than against some of the rest, and to bring them into their measures. He is not brought before the criminal court till November 29th ; the reason, I suppose, of the delay was the s 138 THE HISTORY OF THE SUFFERINGS [BOOK rn. j declaration of the lords of session, pre¬ sently to be insert, which could not be got made up till this time, and was so justly surprising, and made much noise when it ap¬ peared, It seems his sentence of death was preconcerted before the justiciary sat ; for in the council-registers, November 28th, I find as follows, “The council recommends to the lords of justiciary to leave the day and place of Duchal’s execution to his majesty. November 29th, John Porterfield of Duchal, is indicted for high treason, rebellion, and reset and converse with rebels. “ In so far as he did not reveal Sir John Cochran’s proposal for charity to the earl of Argyle, and as he did converse with and reset his brother Alexander Porterfield, forfeited for accession to Pentland, and that he harbour¬ ed George Holms, who had been at Both- well, upon his ground.” Those are the horrid crimes this worthy person must be brought under a sentence for, which, when we have heard the gentleman’s defences, no body will reckon crimes, far less capital ones With the libel, the advocate produces the query he had proposed to the lords of the session, and the solution of it signed by them, as the judgment of the most eminent lawyers to evince the relevancy of that part of the indictment, which deserve a room here, as what, it is to be hoped, none of their successors upon that learned bench, will ever find again ; this being unto all unpre¬ judiced people, at least summum jus, if not summa injuria. Edinburgh , November 28th, 1684. “ The said day anent a query proposed by his majesty’s advocate to the lords of coun¬ cil and session, by command of the lords of the secret committee. It being treason by the common law and ours, to supply and comfort declared traitors, and it being trea¬ son by our law to conceal treason. Queer i- tur, whether Sir John Cochran having ask¬ ed of Porterfield of Duchal, who was not related to the late earl of Argyle, the sum of fifty pounds sterling for the said earl’s use, being a declared and notour traitor, and Duchal not having revealed the same to his majesty or his officers, whereby the preju¬ dice that might have followed thereupon might have been prevented, is not the fore- said concealing and not revealing, treason ? Geo, Mackenzie. “ The lords of council and session having considered th efacti species proposed in the foresaid query, it is their judgment, that the concealing and not revealing in the case foresaid, is treason.” Perth, Cancel. David Falconer James Fowlis, J. Lockhart, David Balfour, James Fowlis, J. Seton, J. Murray, Roger Hogg, J. VVachop, A. Bernie, J. Stuart, P. Lyon, G. Mackenzie, Pat. Ogilvie, Geo. Nicolson. In this answer the whole of the lords of the justiciary (almost) three or four at least deliberately give their judgment anent the chief part of the matter in debate in Duchal’s process ; and it may be considered how far in equity persons who have already given .judgment, can give it over again. It is cer¬ tain they could not but condemn the gentle¬ man, unless they should condemn what they themselves had signed under their hands. I have not observed the debates of any ad¬ vocates in this process, for indeed it was fruitless almost to reason upon a matter al¬ ready concluded upon. However, I shall here set down Duchal’s own thoughts of his case, which he drew up at the time, and, if I mistake not, gave into the court, and re¬ sumed it before the assize ; and it is as fol¬ low's. “ John Porterfield of Duchal, is indicted for reset and converse with his own brother Alexander Porterfield of Quarrelton, where¬ as the said Alexander being forfeited for his accession to therebcllion 1666, and his estate being sold, and disposed by the exchequer, the said Alexander after some years did come and live peaceably within the shire of Renfrew, and long before the time libelled, did go publicly to kirk and market, beha¬ ving himself as one of his majesty’s free lieges, by conversing with his majesty’s sub¬ jects of all ranks, such as privy counsellors, the sheriff of the shire, and the officers and soldiers of his majesty’s forces; so that pri¬ vate subjects could not but conclude, he w'as indemnified, and his own brother was noi more to abstain from converse with him CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 139 than those abovementioned, especially see¬ ing he did compear before the ordinary courts of judicature, particularly the sheriff court of Renfrew, sometimes as pursuer, sometimes as defender in sundry actions; yea, did ac¬ tually compound with the sheriff of the shire, for a fine of irregularities in not keep¬ ing his own parish-church, and received his discharge for the same. Moreover, he did ordinarily frequent his own parish-church, when there was a regular incumbent, and frequently conversed with the said minis¬ ter ; he was frequently invited, and present at most part of the burials within the shire, where he had access to converse with all ranks, and repaired to markets within and without the shire ; and lastly, did assist and help to settle the soldiers in their quarters and localities, and did entertain them even at his own house. As to the harbouring of George Holms, the plain truth is, the said George went away without arms, and re¬ turned so without being noticed ; but so soon as I was informed that his name was in the Porteous roll of the court at Glasgow 1679, though he was neither cottar, tenant, or servant to me, yet I caused his father put him off my ground. Thereafter he compounded, first with Kennoway the don- atar for his moveables, and thereafter with the slieriff-depute for his peaceable living, at which time he took the bond of regular¬ ity, and had a testificate thereupon. Not¬ withstanding I would not entertain him, so that he listed himself a soldier in the stand¬ ing forces. All which is offered to be pro¬ ven. As to the last point of the libel, the truth is, Sir John Cochran did make a very overly motion to me, for fifty pounds sterling by way of charity to the earl of Argyle, which 1 refused ; and in regard the motion was proposed so trivially, I thought it not worthy to be communicate, nor could I prove it, had it been denied, neither in con¬ struction of law can it infer the things li¬ belled.” This plain and naked representation of Duchal’s case, gives us a new view of the wretched stretches now made to find persons guilty, and could not but fully satisfy all dis¬ interested persons of the gentleman’s inno¬ cence ; but who can stand before envy and covetousness ? therefore, notwithstanding of this fair stating of the matter, the • , ° 7 1 /’QI lords give their interlocutor as to the ^ relevancy. “ The lords having considered the libel pursued by his majesty’s advocate, against John Porterfield of Duchal, find it relevant as it is libelled, viz, that he enter¬ tained, harboured, and reset on his ground, George Holms a declared fugitive for treason, and conversed with and reset his brother a forfeited traitor ; as also, that he concealed, or not revealed the treasonable proposal made to him by Sir John Cochran, for supply to the late earl of Argyle, separatim to infer the crime and pains of treason, and remit the same to the know¬ ledge of an inquest.” When the assize was called and sworn, the advocate for probation adduced the pannel’s judicial confession, signed Edin¬ burgh, November 17th, 1684. “ The which day, John Porterfield of Duchal confessed and acknowledged that Sir John Cochran of Ochiltree, some time in the session, in the end of the year 1682, or beginning of the year 1683, having met with him in the burgh of Edinburgh, the said Sir John proposed to him to give fifty pounds sterling for the relief of the late earl of Argyle, and that he refused to do the same. Confesseth he told this proposition to Craig- ends elder, and that Craigends had told him the like proposal had been made to him. “ Porterfield.” “ And the said John Porterfield being again interrogate in the presence of the assize, if he had conversed with, harboured and reset his own brother Alexander Por¬ terfield, a forfeited person, and also whether George Holms a fugitive, had dwelt and resided upon his ground, and if Sir John Cochran had made the proposal to him mentioned in the dittay, and that he had concealed the same from, and not revealed it to his majesty’s privy council, or others in authority under the king, he declares, he had already told what was fact in these matters, and submitted to the king’s mercy, and entreats the lords may represent his case favourably. “ Porterfield.” Thereupon the assize withdrew, and 140 THE HISTORY OF THE SUFFERINGS [BOOK III. 1684 80011 krou§^ *n verdict. “ The ’ assize having chosen Sir John Dalma- hoy their chancellor, all in one voice find the pannel John Porterfield of Duchal guilty, by his own confession, of conversing with, har¬ bouring, and resettingAlexander Porterfield his brother, a forfeited person ; as also for harbouring on his ground George Holms a fugitive ; and siklike of concealing the proposal made to him by Sir John Cochran, for supplying the late earl of Argyle, a forfeited traitor. “John Dalmahoy.” Upon the return of which the lords, only two are in the sederunt, John Drummond of Lundy, and Lord Collington justice- clerk, that same day pass the following sentence. “ John Porterfield of Duchal, as being found guilty, by an assize, of the crimes of treason mentioned in his indict¬ ment, is decerned and adjudged to be ex¬ ecuted to death, demeaned as a traitor, and to underly the pains of treason, and utter punishment, appointed by the laws of the realm, at such a time and place, and in such a manner, as the king’s most excellent majesty shall appoint ; and ordain his name, fame, memory, and honours to be extinct, his blood to be tainted, and his arms to be riven forth and delete out of - the book of arms, and thrown in his face ; so that his posterity may never have place, nor be able hereafter to bruik or enjoy any honours, offices, titles, or dignities within this realm in time coming, and to have forfeited, amitted and tint all and sundry his lands, heritages, tacks, steadings, rooms, posses¬ sions, goods and gear whatsomever pertain¬ ing to him, to our sovereign lord’s use, and to remain with his highness in property. Which was pronounced for doom.” Duchal was most sedate and patient under his trial, and bore all with a Christian spirit. His honour as a gentleman, and loyalty as a subject, stood full and entire; his conscience did not reproach him, all was peaceful within, and God smiled upon him. Thus nothing men could do did ruffle him. When he was to receive his sentence of forfeiture and death, he was asked, as usual in some cases, what he had to say, why it should not be pronounced. His return was, My lords, I hare little to say, I pray the Lord may save the king whatever come of me. Which showed him to be a better Christian and subject than such who per¬ secuted him. His sentence drew compassion and tears from many of the onlookers, to see so good, old, and innocent a gentleman exposed to such hardships for imaginary crimes ; yea, the hard measure he met with was regretted by some persons in the govern¬ ment, after it was over; and I am well assured, that even Sir George Mackenzie used to cast the blame of this procedure off himself, and term Duchal my lord Melford’s martyr. And such was the equity of those times, that the very person who was his judge, had got a previous promise of his estate, which was in due time made good ; and July 1686, by the king’s gift the earl of Melford was made donatar to his per¬ sonal and heritable estate, so that he had more reason than any body to find him guilty. Such instances as this verify the black character, a person of merit and honour gives me of this period. “ This was a time when stretches of obsolete laws, knights of the post, half or no probation, malicious informers, scandalous rogues, and miscreants, were the government’s tools to ruin men of estates, honour, and principle.” But the Lord hath reserved us for happier times, and we have seen this plot I am de¬ scribing, against the protestant interest, unravelled, and these sanguinary laws hap¬ pily rescinded ; and the opinion given by the lords of session in this gentleman’s case, and relative to others of his fellow- sufferers, hath been since the revolution solemnly de¬ clared contrary to law in the claim of right ; and this sentence of forfeiture, with the act of parliament ex post facto, ratifying the same next year, was in a better parliament rescinded, whereby in part justice was done to this good man and his family. But before this happy turn came, Duchal was obliged to transact with the earl of Mel¬ ford, and give him sufficient security for fifty thousand merks, and a gratuity of an hundred guineas to his lady ; and the half of the sum was paid to him, though Duchal was his very near cousin ; of so little weight now were the ties of blood and friendship ; ciiap. viii.] OF THE CHURCH OF SCOTLAND. 141 but the revolution happily prevented the j payment of the other half. Let me further remark, before I leave this excellent gen¬ tleman, that the principal informer against him was John Maxwell of Overmains, a near relation and neighbour of his own. This poor man, after he had fallen into the crimes of adultery, and, I think, murder too, could think upon no method so proper to save his life, and ingratiate himself with some in the government, as to turn inform¬ er, hoping thereby, as he himself after¬ wards confessed, to share in the plunder ; but he was disappointed, and his family is now plucked up by the roots. Indeed I could give many instances, if this work were not already swelled exceedingly beyond the bulk I designed, of the just steps of holy and righteous providence, punishing the authors, promoters, and tools of this heavy persecution I am describing. Very few of them have escaped remarkable strokes in their persons, estates, posterity, or reputation ; and multitudes of them are now cast out of their houses and heritages, and they and theirs reduced to beggary; others of them have fled the sword of jus¬ tice, and wandered as vagabonds in fo¬ reign lands. The case before us is an unde¬ niable instance of a just retribution. The family of Duchal, in this period devoted to destruction, at this time are not only in possession of their own paternal estate, but by a purchase have acquired the estate of John Maxwell of Overmains. I come now forward to give some account of the rest of the gentlemen who were dealt with in another manner than Duchal, and in noways terrified, by this rigorous pro¬ cedure against him, to quit their principles; and standing their ground were fined in sums equal to a forfeiture, without the for¬ mality of a criminal process, or sentence of death. November 28th, by the council books, I find “Warrant granted to cite Sir John Maxwell of Pollock, Cunningham of Craig- ends elder and younger, Porterfield of Ful- wood, Caldwell of that ilk, Zacharias Max¬ well of Blawarthill, and Mr James Pollock of Balgray, to appear before the council upon the second of December.” They had all given bond at the court at Glasgow in Oc- ! tober, to compear at Edinburgh in November. I find, November 20th, by the registers, Fulwood appears upon his bond, and is ordered to be imprisoned. I observe none of the rest in the registers till their citation, but suppose they all compear¬ ed and were imprisoned. I may well begin with the lord Pollock as first in the summons, a gentleman of good quality, and of a very old family, as well as of shining integrity, probity, and piety. He is yet alive, and his own mo¬ desty, and my relation to him, forbids me to say what I could and would of him. An heart-regard for the presbyterian interest, as well as a bright pattern of suffering for a good conscience, was handed down to him by his excellent father Sir George Max¬ well, whose noble example it is his care most closely to fellow. My lord Pollock had before this met with many smaller at¬ tacks from the slieriff-depute, for irregular¬ ities ecclesiastical, and keeping suffering ministers in his house. We have heard of his being put in the Porteous rolls, and of his imprisonment and other trouble he was brought unto, till his diet was deserted simpliciter. And yet for the very same old pretended crimes of reset and converse, for no other thing could be charged against him, upon his refusing to swear upon this libel, and declining the taking of the test, the council fine him in the swinging sum of eight thousand pounds sterling ; and he re¬ fusing to pay this extravagant and arbitrary fine, continued sixteen months in close pri¬ son. Afterwards he got a composition made, and paid a great sum, and gave bond for a greater, and was at vast charges before mat¬ ters could be brought even this length. This will best appear from the council’s de¬ creet passed upon him, and the rest of the gentlemen cited with him December 2d, this year ; and that sentence of the council is so exorbitant that it deserves a place in the body of this history, and follows from the registers. Decreet against Sir John Maxwell, the lairds of Craigends, and others, December 2d, 1684. “ Anent our sovereign lord’s letters raised at the instance of Sir George Mackenzie of 142 THE HISTORY OF THE SUFFERINGS j Rosehaugh, knight, his majesty’s ad¬ vocate for his highness’ interest in the matter underwritten ; mentioning, that where, albeit by the laws and acts of parlia¬ ment of this kingdom (they need not be re¬ sumed) the keeping and being present at house or field-conventicles, and the withdraw¬ ing from the public ordinances in their own parish-churches, and the baptizing children, and marrying disorderly and contrary unto the established government and laws, be ex¬ pressly prohibited and discharged under the particular pains and penalties therein con¬ tained ; likeas, albeit according to the com¬ mon laws and acts of parliament in this kingdom, the harbouring and hounding out, resetting, entertaining, corresponding aud intercommuning with rebels, traitors and disorderly persons, the furnishing of them with meat, drink, money, and other provi¬ sions, the contributing of money to rebels, fugitives, forfeited or iutercommuned per¬ sons, the hearing of seditious and treason¬ able speeches, and not revealing the same, the seeing of rebels and fugitives in arms or otherwise, and not discovering them, and not giving timeous advertisement thereof to his majesty’s magistrates, or officers of his forces, that they may be brought to con¬ dign punishment, be crimes of a high na¬ ture, and severely punishable. Neverthe¬ less it is of verity, that the persons under¬ written, Sir John Maxwell of Nether Pollock, Alexander Cunningham elder of Craigends, and William Cunningham younger thereof, John Caldwell of that ilk, Zacharias Max¬ well portioner of Blawarthill, Alexander Porterfield of Fulwood, Mr James Pollock of Balgray, have, upon the first, second, third, or remanent days of the months of August, September, October, November or December, 1679 years, and the first, second, third, and remanent days of the months of January, February, or remanent months of the years 1680, 1681, 1682, 1683 and 1684, upon one or other of the days of one or other of the months of the foresaid years, kept and been present at divers house and field conventicles, kept within the burgh and barony of Glasgow, shires of Renfrew and Lanark, and several other places, where they have heard divers rebel, declared fu¬ gitive and vagrant preachers, those trum- [BOOK III. t peters of sedition, and harboured, reset, entertained, corresponded, and intercom- muned with, furnished with meat, drink, money, or other provisions, or have contri¬ buted money to rebels, fugitives, forfeited or intercommuued persons, viz. Balfour of Kinloch, the two Hendersons of Kilbrach- mount, the deceased Hackston of Rathillet, and others the bloody and sacrilegious mur¬ derers of the late archbishop of St Andrews ; as likewise to Robert Hamilton late pretend¬ ed general of the rebels, to the deceased Mr Donald Cargil, Mr Richard Cameron ministers, Messrs John Welsh, John Rae, David Hume, James Kirkton, Alexander Lennox, Edward Jamison, or Mr Samuel Arnot, Mr John Spreul late writer in Glas¬ gow, John Spreul his son, John Spreul apo¬ thecary in Paisley, Alexander Porterfield brother to the laird of Duchal, and other notorious rebels, and infamous traitors, whom they knew to be such : and severals of the said persons married and baptized their children disorderly, and constantly, during the said space, have withdrawn from public ordinances, w hich is the root and foundation of schism and rebellion, and from which all the barbarous murders and other assassinations have sprung, and which his majesty and the estates of parliament have declared to be seditious, and of dan¬ gerous example and consequence, as is par¬ ticularly expressed in the seventh act of the second session of his majesty’s second par¬ liament. Whereby the said persons, and every one of them, are guilty of the crimes above libelled, or one or other of them, in high and proud contempt of his majesty, his authority and laws, and thereby incur¬ red the pains and penalties contained in the said acts, for which they and every one of them ought to be severely and exemplarily punished in their persons, to the terror of others to commit and do the like in time coming. “ And anent the charge given to the said Sir John Maxwell, and haill remanent de¬ fenders above written, to have compeared personally, to answer the said complaint, and to have heard and seen such order taken thereanent, as appertained, under the pain of rebellion, with certification as the said letters, executions, and indorsations CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 143 thereof, at more length purport. Whilk beifig called this present day, and the said pursuer compearing personally, and the defenders being prisoners, as being sent in by the lords commissioners of council, lately met' at Glasgow, being brought to the bar; and his majesty’s advocate having, conform to two several letters under his majesty’s royal hand, restricted the foresaid libel to an arbitrary punishment, and instead of all further probation, referred the verity thereof to the defenders’ oaths, according to the declarations emitted under their own hands, before the said lords commissioners; and which being read and shown to them, and they having at the bar immediately ac¬ knowledged and subscribed the same upon oath. The lords of his majesty’s privy council, having heard and considered the foresaid libel, and declarations of the said de¬ fenders, subscribed and acknowledged by them upon oath, do find them and ilk one of them guilty of th? articles libelled, and now restricted to an arbitrary punishment ; and therefore have fined, and hereby do fine them in the respective sums of money underwritten. “ The said Sir John Maxwell of Nether-pollock, in the sum of 8,000 pounds sterling. Alexander Cunningham elder of Craig-ends, and William Cunningham thereof, in sol- idum, in the sum of 6,000 pounds sterling. John Caldwell of that ilk, in the sum of 500 pounds sterling. Zaeharias Maxwell portioner of Blawarthill, in 20,000 merks Scots. Alexander Porterfield of Fulwood, in the sum of 40,000 pounds Scots. Mr James Pollock of Balgray, in the sum of 15,000 merks Scots. “ To be paid to his majesty’s cashkeeper, for his majesty’s use ; and ordain the liaill said defenders to be committed prisoners to the tolbooth of Edinburgh, to remain there till they make payment of the said sums respective, and find caution to his majesty’s cashkeeper, for payment of the said sums to which they are hereby restricted, betwixt and the first of January next to come, otherwise to be liable to the whole sums respective above written, in case they find not the said caution, and pay the said sums now restricted, as said is, before the elapsing of the said first of January next, (except as to the said John Caldwell of that ilk, and Zaeharias Maxwell of Blawarthill, whom they ordain to continue pris¬ oners for their whole lifetime, besides the payment of their fine) viz. the said Sir John Maxwell, the sum of 5000 pounds sterling, Alexander and William Cunninghams of Craigends, the sum of 4000 pounds sterling, the said Alexander Porterfield of Fulwood, the sum of 20,000 pounds Scots, and the said Mr James Pollock, the sum of 500 pounds sterling. Upon the finding of which caution, or the payment of the said sums to which the said fines are restricted, they are to be liberate, (caution being always found, or payment made, before the first of January next to come) and ordain letters of horning and other execution to be directed there¬ upon, as effeirs.” I am sorry I have not all the declarations the gentlemen made before the court at Glasgow, though the matter of some of them will come in just now ; but 1 can fully assure the reader, that notwithstanding of the odious articles of the libel, invidiously put in to blacken the gentlemen, of their converse with and reset of the persons concerned in the murder of the archbishop, yet they were as free of these as the advocate or their judges ; and it was a stretch peculiar to this time and court, to find them guilty, and every one of them of the articles of the libel, as well as groundless and false ; and, as to some of them, what the council all knew they were not guilty of. And indeed all that could be laid to their charge, was con¬ verse, I think, the most of them had, as all the country as well as they, with Quarrel- ton, and with some outed presbyterian min¬ isters named, though not many of them, and none other of the persons named in the libel, and their being present at house-conven¬ ticles, and absent some of the times libelled from their parish kirk ; and upon these ecclesiastical and imaginary crimes, they are thus extravagantly fined ; upon which 1 need make no reflections. There was no probation adduced against them, but their own declaration, which they made sincere¬ ly, and more fully than I believe could have been proven against them, and some of them refused to depone upon it at Glas¬ gow. When they came to Edinburgh, and THE HISTORY OF THE SUFFERINGS [BOOK III. 144 1684 SaW 110 ^e^ei cou^ ^e raa(^e °f it than a round sum, they yielded to adhere judicially, it seems, upon their oath, to their declarations, but could never rea¬ sonably expect such exorbitant fines as were imposed : What the pretext was for Caldwell and Blawarthill’s imprisonment during life I know not ; they were both most peaceable gentlemen, and as little liable to the then laws as any of the rest. But, it may be, this clause was put in to be remitted afterward, upon their paying their whole fines without defalcations, which we see were made to the rest. I come now forward to give some more particular hints at the case of some of these excellent gentlemen, as far as vouch¬ ed accounts have come to my hand, a little further to expose the iniquity of this pro¬ cedure. I begin with the lairds of Craig end elder and younger, two worthy gentlemen of an ancient family, descended from the noble and old house of Glencairn, in the shire of Renfrew. Craigends younger is still alive, in flourishing circumstances, notwithstand¬ ing of this heavy oppression, a singularly pious and excellent gentleman, far above any character I can give of him. Both of them gave such ample indications of their loyalty and peaceable temper, in a petition to the council by themselves, as in the eyes of all indifferent judges, very much aggra¬ vated the managers’ severity to them. This paper was in such expressive terms of sub¬ mission to the present government in the state, as more could not be required; and when it did not satisfy, every body saw it was fines the managers were aiming at, and not security to the government, since greater evidences of loyalty could not be given, than the petition signed by the two gentle¬ men. A better account of their case cau- not be laid before the reader, than from the following information, vouched in every branch of it by the present laird of Craig¬ ends. And because it contains several matters of fact, which set the harshness of the council’s procedure, with these two and their fellow prisoners, in its due light, I insert it here. “ The lairds of Craigends elder and young¬ er, having lived in all peaceable, and, to their knowledge, orderly deportment, did, in October 1684, compear with other gen¬ tlemen their neighbours, before the lords commissioners of the district of Glasgow, where being libelled severally upon the points of reset and converse with rebels, conventicles, and withdrawing from the church, and other such like delinquencies, they were divers times before the lords, and interrogate upon several points, as well concerning the guilt and crimes foresaid, and how they stood affected to the govern¬ ment. As to their guilt and crimes, confes¬ sed by themselves upon oath, without any further probation, they are as follow. Against Craigends elder, 1. Converse with Alexander Porterfield, alleged to have been at Pentland, and within two years there¬ after, he transacted his forfeiture, and ever since, these fourteen years, lived securely and openly in his own house, w ithout any challenge, and hath haunted kirk and mar¬ ket, and courts of judgment, with no less freedom than any other of his majesty’s lieges. 2do. That Sir John Cochran had sought charity from him, for the late earl of Argyle, in the year 1682, Sir John him¬ self being then a free subject, Craigends refused the desire, but his not revealing the proposal is accounted a crime. 3tio. That some of the nonconformist ministers had performed family-worship in his house. Against Craigends younger, only accidental converse, which he acknowledged in his deposition, and that he could not deny but he heard Sir John Cochran seeking charity to the late earl of Argyle, from others ; but neither Sir John nor any from him sought the same from him. The council indeed in their libel, load that matter of Sir John Cochran’s proposal, with such epithets and circumstances, as would make the bare con¬ cealing of it an atrocious guilt, alleging Sir John had made application to several per¬ sons, for sums of money to the late Argyle, to help to carry on a conspiracy and rebel¬ lion; but the gentlemen being no ways privy to such a design, and knowing no other intent of the proposal, but the sup¬ plying of a nobleman’s urgent necessity, for his livelihood, it was not possible for them to understand any further duty requisite, than to refuse, till now that the parliament CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 145 hath made the matter clear, by a posi¬ tive and posterior law ; and they might the rather be carried away with this mis¬ take, that the council, within these two years, in a practick relating to the late Sir John Cunningham, had declared themselves of a quite different judg¬ ment. There being information given, anent Sir William Denholm of Westsheils, holding correspondence with, and doing fa¬ vours to Mr John Cunningham of Bedlane, forfeited and declared rebel, among the rest, Sir John Cunningham’s name is heard, with some ground of jealousy, that he might be in the correspondence. Upon trial it was found, that when Bedlane’s letters were offered, Sir John refused them, but never held himself obliged to reveal any thing; and yet when other persons who had re¬ ceived the letters were criminally indicted, and cited with sound of trumpet at the cross of Edinburgh, and their correspon¬ dence aggravated in all its high circum¬ stances, the carriage of Sir John upon the contrary was commended, and in the public proclamation highly applauded, that he did as became a good and faithful subject in re¬ fusing, notwithstanding he never revealed any thing. And certainly, if it was duty to reveal the bare seeking of charity to a rebel, much more had it been duty to reveal a rebel’s letters, which could not be suppos¬ ed to contain less than the seeking of charity, whatever they might have imported more ; and seeing the case was not altered by any positive law, the gentlemen might well think they had kept a very safe and just course, when within the bounds publicly appro ven by his majesty’s privy council. However, upon these grounds and no other, they are called in before the privy council, and, with many others their neighbours, sentenced in fines to the supposed value of their estates : others were fined, every man by himself, but Craigends aud his son are joined together for the sum of 6000/. ster¬ ling, far above their value, and both of them kept prisoners, and charged in solidmn for the whole sum, as if they had been mutual¬ ly liable for each other’s faults, notwith¬ standing there was no equality betwixt them, as the particulars of their confession manifest, there being nothing against IV. I Craigends younger, but accidental converse with Alexander Porterfield. The gentlemen further allege, they have given such testimony of their freedom from any dangerous principles anent the govern¬ ment, that they must be beyond all ground of quarrel that way, which the commission¬ ers may well remember, when they inter¬ rogated Craigends younger upon his prin¬ ciples, at Glasgow ; and both the father and the son expressed their principles in a very solemn declaration, given in to the whole council in writ, before the passing sentence upon them ; and they cannot but be sur¬ prised at the hard measure given them, after such a public proof of their loyalty to their sovereign, wherein they conceive themselves to be short of none of his majesty’s subjects. The gentlemen are not such fools as to al¬ lege an argument from principle, as sufficient to expiate crimes ; but when the escapes are such as the whole country are engaged in the like, and which surpassed the skill of any reasonable man, to understand them to be crimes, at the time when done, and when the alleged ground of the courses taken against others in the like cases, was only to secure the government, by a good prin¬ ciple in the subject, those gentlemen, after so full a vindication of their principles, ex¬ pected they should not have been troubled for invincible mistakes, more than many of their neighbours, who were never called in question for them, though as much guilty as they.” I have only particular accounts of another of these worthy gentlemen, aud that is Alexander Porterfield of Fulwood, son to the laird of Duchal, just now mentioned. He is yet alive, a gentleman of a very good character, and in good circumstances, not¬ withstanding this exorbitant fine, in the parish of Killallan and shire of Renfrew, ready to attest every circumstance of the account I am to give of his case. At the court at Glasgow in October, he was indict¬ ed as guilty of several heinous and treason¬ able crimes, since the year 1660, and when there was no proof of his libel, the verity of it was referred to his own oath, after they had passed from capital punishment, and restricted it to an arbitrary one, and ordered him to swear upon the several T 146 THE HISTORY OF THE SUFFERINGS [BOOK III. j articles of it. Fulwood very reason¬ ably objected, that no law could oblige him to depone in the matters libelled, since the law concerned heritors only ; and, for his part he stood infeft in no lands, and so could not be reckoned among them. The lords interrogated him, if he had not a disposition from his father Duchal, to the lands of Fulwood, and possessed them ; he owned he had, and the lords finding him upon this an heritor, ordered him to give his oath. As to all the articles of his libel, he deponed negatively, save two ; the one was his con¬ verse with his uncle Alexander Porterfield of Quarrelton, which he told their lordships he reckoned so far from being a crime, that in his opinion he would have been inex¬ cusably criminal, had he declined converse with so good a man, and his most affection¬ ate uncle, especially when Mr John Hamilton of Hallcraig, upon application to the government, had obtained a gift of Quarrel- ton’s estate, and faithfully applied it to his use, with a plain connivance. And although his said uncle had not applied to the king, or obtained any indemnity or remission for his alleged rebellion, yet he had access these many years to live peaceably in his own house, (with the other circumstances named in Duchal and Craigend’s cases) so that he judged himself safe to converse with him, when every body did so ; and he himself was but an infant at Pentland, unfit to make a judgment of that rencounter, or whether there was any danger of converse with such who were alleged to be concerned in it. The other article was his being present at house-conventicles, and he frankly owned that he was present at several sermons preached by presbyterian ministers, in his father’s house at Duchal, being one of his family, and not forisfamiliate. In doing whereof, he reckoned he had been at his duty. This was all that he confessed. He was ordered to sign his deposition, which he did, and was kept prisoner at Glasgow until he found caution, and gave bond to compear at Edinburgh, November 20th, if called, or otherwise to enter himself prisoner within the tolbooth of Edinburgh, under the penalty of 10,000 merks, in case of failie. Accordingly he was at Edinburgh, the said day, and, not being called, lie entered prisoner, and, as we heard, with the rest of the gentlemen his neighbours, was called and fined in forty thousand pounds, and remitted back to the tolbooth, till he should pay the said sum. There he continued about fourteen months, and be¬ sides his corporal punishment by imprison¬ ment, the government proceeded to real and legal diligence against his estate, by adjudication and otherwise, for evicting the fine. But finding that this was not the most compendious and expedite way for obtaining payment, they took the shortest way; and by their act comprehended Fulwood’s estate within the forfeiture passed upon his father, and thereby declared the same forfeited ; notwithstanding several years before he had a disposition of the lands of Fulwood, and was in possession, and the lords at Glasgow upon these found him an heritor distinct from his father, and under this notion obliged him to depone. Thus they went and came upon law and property, just as it answered their designs. By all which it is plain, how dissonant their treatment of this gentleman was, not to say to law and right, which was but seldom now considered, but likewise to their own practick, which no body can make hang together. Melford was made donatar to Duclial’s estate and his son’s, and there was no remedy. Fulwood behoved to compound and agree for a piece of money, and take a new right from him to his own land, with a discharge of his fine. The first moiety was actually paid, and the happy revolution stopped the rest, and this gentleman, as well as the rest, was at vast charges and expense in obtaining their compositions, and securities of their lands from the donatars, and otherwise, which I believe fell not much short of the unpaid moieties of their fines. From those hints the reader will guess at the case of those excellent gentlemen, and will see very much of the temper of those times, when indeed nothing was stuck at to get money from presbyterians. I regret I cannot give as distinct accounts of the rest of the gentlemen named, but their circumstances may easily be gathered from what is insert. As to the rest of the prisoners named, I can only give the hints I meet CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 147 with in the council-registers ; and those of them fined were in the same circumstances with the former gentlemen, save that few or none of them were charged with the charitable supply, or with converse with Quarrelton, but I doubt not they had conversed with other fugitate persons. December 24th, I find a decreet passed by the council against the underwritten gentlemen. Their libel is mere nonconfor¬ mity, and alleged reset and converse, and refusing the oath of allegiance, with the king’s prerogative annexed, which they did not reckon themselves obliged in law to take ; whereupon the council fine them in the following sums. Merks. Stuart of Allanton in 12000 William Hamilton of Overton in . . 9000 James Young chamberlain of Evandale 10000 James Muirhead of Bradisholm . 4000 Mr John Hamilton of Haltraig . 12000 Mr Andrew Kennedy of Clowburn 12000 Mr James Stuart of Hartwood . . 6000 John Bannantyne of Craigmuir . . 2000 George Hamilton of Browncastle 2000 This is all I meet with in the registers. By another information I find the laird of ' Corehouse was fined in 9000 merits, which was remitted by the king ; and Allanton’s fine was gifted to Crigui. No question these worthy and religious gentlemen got down considerably in their compositions, but they were put to great charges, and those arbitrary impositions brought their estates and families low. And by the same information, under a very great man’s hand, I find reckoned up among sheriff fines confirmed by the coun¬ cil, severals in Roxburgh and thereabout formerly mentioned ; the laird of Riddell 52,000 pounds Scots, the laird of Green- head 24,000 pounds Scots, the laird of Chatto 20,000 pounds Scots, the lord Cran¬ ston 1500 pounds sterling, Sir William Scot of Harden 53,000 merks, of which Sir George Mackenzie got 27,000, Sir William Scot of Harden, j unior, 3500 pounds sterling, paid to the duke of Gordon and marquis of Athole, and the laird of Wall 20,000 merks Scots. So much for the exor¬ bitant fines of gentlemen this year. SECT. VII. Of the Apologetical declaration emitted by the society people , the murder at Sivine- Abbay, and the severe procedure , commissions , and proclamations following thereupon , November and De¬ cember , 1684. Those matters contained in the title, I have of design put all together in this section, that the reader may have a fair and impar¬ tial account of this part of the management of the persecutors. It is evident, oppression had put that part of the persecuted, the so¬ ciety people, upon measures, that many of themselves were not for, and which cannot be vindicated ; but it will be as plain, that the managers took occasion from this han¬ dle given them, to run lengths that can as little be justified, and were never used in any well ordered government. I only no¬ tice further, that the body of presbyterians are no way concerned in this matter, than as they were silent and melancholy observ¬ ers of the heights run to on both hands, and had most unjustly the reproach of prin¬ ciples tending to assassination, fixed upon them, and in part were made sharers of the barbarity and violence now raging univer¬ sally against ail who stood out against pre¬ lacy. That the reader may have as full a view of this dark and black part of this period, as may be at this distance, I shall lay down matter of fact, as it was from original papers and documents, and give first an account of the paper emitted by the so¬ cieties, and the notice taken of it by tbe council in November, when the killing of Kennoway and Stuart at Swine-abbay fell in, which produced new barbarity, and the orders for killing in the fields, and then go on to the new commissions and severe in¬ structions given in November and Decem¬ ber, till we meet with the public procla- ation emitted in the end of the year, and shall shut up this section with the criminal prosecutions, and public executions of sever¬ al country people, when the managers are inflamed in the highest measure by what the society people had done. The extraordinary severities exercised September and October last, with the bar¬ barous murder of some honest country people in the fields, which shall be noticed in its own room, drew forth from the society people their ApoiogeticalDeclaration, 148 and Admonitory Vindication, es- ' pecially against intelligencers and in¬ formers, about the middle of October, when the courts described Section 5, were just at their throngest persecuting work. As the state of the body of presbyterians was at this time most lamentable through the kingdom, their ministers all turned out, and either in prisons, or forced to leave their native country, their gentlemen im¬ prisoned and most exorbitantly fined, their commons cruelly harassed now by the army, and then by particular and more general courts; so the people united in societies, who, as we have heard, had withdrawn since the death of Mr Cargil, from the rest of the presbyterians of this church, were in a special manner hunted, yea, killed all the day long, and counted as sheep for the slaughter. From what hath been pointed at, as to the condition of those wanderers and hiding persons, who, generally speaking, made up those societies (though many were upon their hidings, who did not join with them in their heights) the reader will easily guess at their circumstances. The sea¬ ports were shut, they could not get off the kingdom, they were daily hunted for by the bloody and merciless soldiers, the whole country was sworn to discover them, and bound up from giving them meat or drink, and secret informers and intelligencers were bribed to join them, and find out their haunts and lurking places, and any who inclined to do them the least kindness, were terribly persecuted, and all they did in their own defence was reckoned murder, and the coun¬ try abused for it. They were proscribed, and cast out of protection by the govern¬ ment, and no terms would be accepted but going over their light and renouncing their principles. All this, and much more than I can now narrate, gravaminous in their case, put their general society, which, by their original records, I find met October 15th, to publish their Apologetical Declaration. Mr James Renwick was employed to draw it; and it was published by some of their number, October 28th. I insert it * from * Society People's Declaration, especially against In¬ formers and Intelligencers, November 8th, 1C84. Albeit we know that the people of God in all ages, have been cruelly persecuted, and malicious- [BOOK III. the copy before me, under Mr Renwick’s own hand. It is not my business to inquire how far private persons, in such circumstances, may ly reviled by apostates from, and enemies to the truths of our Lord Jesus Christ; yet such hard usage, and virulent reproaching, hath not (at least ought not to have) abated the zeal of tender hearted Christians, in the prosecution of holy and commanded duties. Therefore, as hitherto, (through grace assisting) we have not been driven to lay aside necessary obliging duties, be¬ cause of the viperous threatenings of men, who are given up of an holy and wise God, to lay out all their might and power for promoving a course of wicked profanity by virulent persecution, and ignominious calumnies, (to all of whom never¬ theless. that are reconcilable unto God, we heart¬ ily wish eternal salvation) so we declare our firm resolution of constant adherence to our covenant and engagements, where we are bound to have common friends and foes with our co¬ venanted reformation ; and to look upon what is done to one, as done to all of us ; and also our unanimous adherence to our faithful declarations wherein we have diswned the authority of Charles Stuart, (not authority as God’s insti¬ tution, either among Christians or heathens) and all authority depending upon him, for reasons given elsewhere ; (disclaiming all such things as infer amagistratical relation betwixt him and us) and wherein also we have declared war against him, and his accomplices, such as layout themselves to promove his wicked and hellish designs. Therefore, that therein our mind may be the more clearly understood, and for prevent¬ ing further mistakes anent out purposes, we do hereby jointly and unanimously testify and de¬ clare, that as we utterly detest and abhor that hellish principle of killing all who differ in judg¬ ment and persuasion from us, it having no bot¬ tom upon the word of God, or right reason ; so we look upon it as a duty binding upon us, to publish openly unto the world, that forasmuch as, we are firmly and really purposed not to in¬ jure or offend any whomsoever, but to pursue the ends of our covenants, in standing to the de¬ fence of our glorious work of reformation, and of our own lives : Yet (we say) we do hereby de¬ clare unto all, that whosoever stretcheth forth their hands against us, while we are maintain¬ ing the cause and interest of Christ against his enemies, in the defence of our covenanted re¬ formation, by shedding our blood actually, either by authoritative commanding, such as bloody counsellors (bloody we say, insinuating clearly by this, and the other adjective epithets, an open distinction, betwixt the cruel and blood-thirsty and the more sober and moderate,) especially that (so called) justiciary, generals of forces, ad- jutants, captains, lieutenants, and all in civil and military power, who make it their work to embrue their hands in our blood, or by obeying such commands, such as bloody militia men, malicious troopers, soldiers, and dragoons ; like¬ wise, such gentlemen and commons, who, through wickedness and ill will, ride and run with the foresaid persons, to lay search for us, or who deliver any of us into their hands, to the spilling of our blood, by enticing morally, or stirring up enemies to the taking away of our lives, such as designedly and purposedly advise counsel, and THE HISTORY OK THE SUFFERINGS CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 149 take upon them to threaten thus, and cast off authority: the reader will lind their own reasons for this part of their practice in their Informatory Vindication published some years after this ; only as an historian I may have the liberty to observe, that the go¬ vernment, or the executors of the present laws, ran much farther in unaccountable severities upon those poor people, than even what the oppression of those people had encourage them to proceed against us, to our utter extirpation ; by informing against us wick¬ edly, wittingly, and willingly, such as viperous and malicious bishops’ and curates, and all such sort of intelligencers, who lay out themselves to the effusion of our blood, together with all such as, in obedience to the enemies their commands, at the sight of us raise the hue and the cry after us ; yea, and all such as compearing before the adversaries their courts, upon their demands delate us, and any who befriend us to their and our extreme hazard and suffering. We say all, and every one of such shall be reputed by us, enemies to God, and the covenanted work of re¬ formation, and punished as such, according to our power, and the degree of their offence ; chiefly, if they shall continue after the publica¬ tion of this our declaration, obstinately and ha¬ bitually, with malice to proceed against us, any of the foresaid ways, not at all exeming from present punishment, such as formerly have been chief ringleaders and obstinate offenders. With¬ al leaving room for civil and ecclesiastic satisfac¬ tion, before lawful and settled judicatories, for the offences of such persons as our power at this time cannot reach, or the degrees of whose pun¬ ishment, according to their offences, is hard for us to be determined. Finally. We do hereby declare, that we abhor, condemn, and discharge any personal attempts, upon any pretext what- somever, without previous deliberation, common or competent consent, with certain probation by sufficient witnesses, the guilty person’s confes¬ sion, or the notourness of the deeds themselves. Inhibiting also and discharging any of our emissaries whatsomever, to stretch forth their hands beyond the certainly known degrees of any of the foresaid persons their offences. Now let not any think, that (our God assist¬ ing us) we will be so slack-handed in time coming, to put matters in execution, as hereto¬ fore we have been, seeing we are bound faithfully and valiantly to maintain our covenants, and the cause of Christ. Therefore, let all these foresaid persons be admonished of their hazard, and particularly all ye intelligencers, who, by your voluntary informations, endeavour to ren¬ der us up into the enemies their hands, that our blood may be shed ; for by such courses ye both endanger your immortal souls, if repentance prevent not, seeing God will make inquisition for shedding the precious blood of his saints, whatever be the thoughts of men ; and also your bodies, seeing you render yourselves actually and maliciously guilty of our blood, whose innocen- cy the Lord kuoweth. However, we are sorry at our very hearts, that any of you should choose such courses, either with bloody Doeg to shed our blood, or with the flattering Ziphites, to in¬ form persecutors where we are to be found. So forced them thus to threaten. And as far as I can learn, they made no at¬ tacks, unless it was at Swine-abbay, where they had no small provocation till they were attacked, and their view in this very paper was not so much action, as the frighting some people they had to do with. But 1 leave comparisons, or what may be said of this paper, to themselves. Only it is evident, that this paper formed by Mr Ren wick we say again, we desire you to take warning of the hazard that ye incur, by following such courses; for sinless necessity for self-preserva¬ tion, accompanied with holy zeal for Christ’s reigning in our land, and suppressing of profan¬ ity, will move us not to let you pass unpunish¬ ed. Call to your remembrance, all that is in peril is not lost, and all that is delayed is not forgiven. Therefore, expect to be dealt with as ye deal with us, so far as our power can reach, not because we are acted by a sinful spirit of re¬ venge, for private and personal injuries, but mainly because by our fall reformation suffers damage ; yea, the exercise of godliness through ensnaring flatteries, and terrible threatening, will thereby be brought to a very low ebb, the consciences of many more dreadfully surrender¬ ed, and profanity more established and propa¬ gated. And as upon the one hand we have here de¬ clared our purpose anent malicious injurers of us, so upon the other hand, we do hereby beseech, invite, and obtest all you who wish well unto Zion, to show your good will toward us, by act¬ ing with us, and in your places and stations, according to your ability, counselling, encourag¬ ing, and strengthening our hands for this great work, of holding up the standard of our Lord Jesus Christ. Think not that in any ways ye ax-e called to lie by neutral and indifferent, espe¬ cially in such a day ; for we are a people by holy covenants dedicated unto the Lord, in our per¬ sons, lives, liberties, and fortunes, for defending and promoting his glorious work of reformation, notwithstanding all opposition that is, or may be made thereunto ; yea, and sworn against all neutrality and indifferency in the Lord’s mat¬ ters. And moreover, we are fully persuaded, that the Lord, who now hideth his face from the house of Jacob, will suddenly appear, and bring light out of darkness, and perfect strength out of weakness, and cause judgment to return again to righteousness. Thus having declared our deliberate, lawful, and necessary purposes, concerning this matter, in order to the publication of the same, we do hereby statute and ordain, that upon the eighth day of November, copies of this our declaration, be affixed upon a sufficient and competent num¬ ber of the public market-crosses of the respective burghs, and of the patent doors of the respective kirks within this kingdom. Given at upon the 28th day of October, one thousand six hundred and eighty four years. Let King Jesus reign, and all his enemies be scattered. 150 the history of lGSi n°W ^e'r m^n'ster> and the expres¬ sions in it are a little softer and smoother than the Sanquhar and Lanark declarations formerly mentioned. And I am well informed by persons of credit present with them in this meeting1, that Mr Renwick himself, and a good many others of the best knowledge in the meeting, reasoned a long time against emitting any threatening paper of this nature at this juncture, as what would be of little use to them, and exasperate the managers, and bring on new distress upon the harassed country : but nothing less would satisfy a w armer set of people among them, who were most clamorous, and by insisting gained the point. And Mr Renwick was forced to go in with them, to keep peace, as far as might be, among themselves. Yet after all the softening he could give it, there are many things in it so much out of the road of private persons, that it became matter of much obloquy and reproach to the body of presbyterians, who mean while were no way privy to, or concerned in this paper. And as most of the struggles of persons under chains, and the feet of their enemies, make their case worse, so this raised the fury of the government ; and yet in part it wanted not its designed effect. The most venomous malignants were affrighted, in¬ formers and intelligencers in the west and south for some time were deterred from their trafficking, and the most virulent and persecuting of the curates in Nithsdale and Gallowray thought fit to retire for some time to other places, even before the murder in Carsphairn next year, of which in its own place. When this paper had been published by some of the societies, it was affixed to several market-crosses, and November 8th, posted up upon a great many church-doors in Nithsdale, Galloway, Ayr and Lanark shires. I find it put on the church- doors of Kilbride, Strathaven, and many others. November 11th, or 12th, copies of the societies’ paper came into the council, and put them in a perfect rage, I shall give some instances of it from the registers, and then from some accounts I have from persons yet alive, were present that after- THE SUFFERINGS [BOOK III. I noon when the prisoners wrere brought in before them. By the registers I find a very severe act anent John Semple. November 13th, “ John Semple of Craigtliorn in the parish of Glasford, taken near the kirk of Glasford, i and brought in prisoner, as suspect to have I been a contriver of the late treasonable declaration against the king, or at least accessory to the affixing thereof at the said kirk, and some others, or at least as having knowledge of the persons contrivers, affixers, or promoters thereof, being called before the council, and having refused to give his oath upon the premises, the lords of his majesty’s privy council ordained him presently to be tried by torture in the thumb-screw, boots, or both, until he be brought to a clear confession, they having first declared, that what he should declare should not militate against himself as to his life. And the said John being called in, and interrogate in the thumb-screw, and having refused to declare, and at length turned faint, he wras remanded to prison till to-morrow at ten of the clock, at which time he is again to be tried by torture.” I meet with no more about him in the council-books ; we shall just now meet with him to-morrow before the j usticiary. By other papers, particularly one under Robert Goodwin’s hand, of whom I have given some account before, I find, that November 13th, he, with several other prisoners, was brought this afternoon before the council, and interrogate upon this paper, about which they knew nothing. In a great haste it was read over to them, and they were ordered immediately to hold up their hands and swear they did not adhere to it, and knew not the authors of it. Robert Goodwin in name of the rest said, and 1 doubt not but it was the case of all of them, that he had never heard it till it was now read, that he knew nothing about the forming of it, but would swear nothing about it ; whereupon they w ere sent to the iron-house. Another instance of their treatment of the prisoners this day, I have from one present, and witness to the terrible usage of William Niven Smith in Pollock-shaws in the parish of Eastwood. We heard CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 151 formerly, that last month he was banished to the plantations, and here 1 shall take occasion to narrate some other particulars of his sufferings, and that but in so many words. We heat’d of his trouble in the year 1678, and since that time he lived peaceably, following his trade, and had not been at Both well, nor was chargeable with any thing, but not hearing Mr Fisher the episcopal incumbent. July 29th, this year, about midnight, a party came and took him out of his bed, and carried him to Glasgow tolbooth. They alleged he had been at a sermon of Mr Renwick’s, which was false. He lay three weeks there in irons, and then, with John Macbae of the parish of Kilpatrick in Dumbartonshire, he was carried up to the bishop, and exa¬ mined by him and colonel Windram upon the ordinary questions. Nothing was found against William save his not hearing Mr Fisher, to whom I must do the justice to say, he was one of the soberest of his way, and he came into Glasgow and used his interest with the bishop, and signified to him, that the prisoner was a good peace¬ able person, and as to his not hearing, he would take him into his own hand. But nothing could prevail unless ho would take the test, which he peremptorily refus¬ ing, was sent, with five others, two and two of them fettered together, in to Edinburgh under a guard. There he lay in the irons night and day, till May 1 685, when he had his share in Dunotter sufferings, as we shall hear, and afterwards was sent to New- Jersey with Pitlochy. This same day, when the accounts of the apologetical declaration came into Edinburgh, William with some others whom my informer hath forgot, but minds John Hodge armourer in Glasgow, John Campbell in Overmoor, John and Peter Russels in Muirhead of Shots parish, James Tennant in West-Calder, were brought most suddenly about six of the clock at night, from the iron-house to the council or its committee. The chancellor posed William and the rest, whether they knew any thing of these treasonable papers that had been affixed to church-doors last Satur- day night, or Sabbath. They all declared, they did not. Then they were interrogate if they owned the matter of them. The pannels answered, they knew nothing about them, and could neither own, nor disown them. The lords appeared to my informer to be in an unusual hurry and rage, and the clerk was bid read the paper, which he did as fast as he could run over it. Upon hear¬ ing of it, the pannels declared ingenuously, that they could make no judgment of it up¬ on so overly an hearing. They were again required, under the highest pains, to disown it as their opinion. They answered, they had no share in it, and would not take upon them to judge of it, since this came not to their door. Whereupon they were remov¬ ed a little, and when called in, they were told they were sentenced to die that night at ten of the clock, and were removed two and two into corners of the laigh council-house, with a soldier or two to Avait on them, there to continue till the hour of their execution. Happily for them something or other fell in that night which put the managers in confusion ; it was said, it was some letters they received, and so about tAVO hours after, they Avere carried back to the iron-house, and for a good many weeks after Avard they were made to expect every day they Avere to be executed at two of the clock, till the king’s death fell in, and then they were no more directly threatened. This procedure is every way so far out of the road, that I should not have inserted it, if I had not had it from one whom I can depend upon, Avho Avas witness to it, yet alive, attesting it in all its circumstances. From this instance we may see the man¬ ner of this period, and what an handle was taken from every thing that fell out, to ex¬ ercise the greatest severities upon people who could not be supposed to have any share in those incidents. To this likewise we must attribute the barbarous treatment of the prisoners from Dumfries, formerly spoken of. Old men, and women Avith their sucklings not three months old, women with child, and others near eighty years of age, upon the break of a storm of frost and snow, were forced to travel twenty, or twenty four miles about the shortest day, and through waters, to the danger of their lives. None of them either could be concerned in this 152 THE HISTORY OF THE SUFFERINGS [ROOK III. 1(384- PaPer’ ant* 110 account can be given ' of such barbarity, but their merciless temper exasperated by this declaration. Next day, November 14th, the managers go a farther length, and, by the criminal re¬ cords, I find before the justiciary, John Semple, John Watt, and Gabriel Thomson. They are libelled for high treason, as art and part in the paper lately posted upon the kirk-doors. The advocate restricts the li¬ bel in those terms, * That the pannels own, or refuse to disown the traitorous proclama¬ tion mentioned in their indictment.’ The probation is John Semple his judicial de¬ claration that he owns the proclamation, and would not disown it. Gabriel Thomson refuses to disown it. John Watt refuses to answer, or disown the paper. The assize bring in all the three guilty according to their confession, and the lords sentence them to be taken to the Gallow-lee, this day be¬ twixt three and five of the clock in the afternoon, and forfeit them in common form. I am well informed that John Semple was tortured most cruelly a second time in the boots, and taken from the torture to the j usticiary, where sentence was past, and ex¬ ecuted that same afternoon with the others. At the execution the soldiers were barbar¬ ous, and allowed the poor men scarce any time to pray. The people who looked on were surrounded by the soldiers, and had interrogatories and queries put to them, which when they refused to answer upon oath, ten or twelve were made prisoners, and carried from the scaffold to the tol- booth. After this, I find the lords of council delay the examination of the prisoners in the Canongate and Edinburgh tolbooths, as to the treasonable declaration, and perhaps would have extended their inquiries into the country, had not the incident of killing of Kennoway and Stuart fallen in, which put the managers upon new, and yet more barbarous methods. I have not so distinct an account of the murder of these two, as I wish I had, neither can I say whether it was in self-defence or not, but it is generally said, it was pre¬ meditated by some persons in the neigh¬ bourhood, or society people lurking among them, they having been severely oppressed by Kennoway for many years ; and if this was an assassination, nobody ought to defend it. They were both gentlemen, as the style was, of the life-guard, and killed, as is said, coming out of the door of the house at Swine-abbay, in the parish of Livingstone; and after the most narrow search that was made, none of the actors could ever be found, but I am assured, the society people refused to admit some persons to their fellowships, whom they suspected to be concerned in this murder. I have no account of Stuart, but Kennoway’s op¬ pressions in Livingstone, West-Calder, and that neighbourhood, from Pentland to this year, have been in part noticed, and I shall add a few other well vouched instances of his former carriage. Thomas Kennoway was very active under general Dalziel at Pentland, and after the defeat of the west- country army, he apprehended that excellent person formerly mentioned, Mr Hugh Mackail at Brades- craigs, and went still on in spite and malice against the suffering party, year after year. Some years after, he with a party of the guards attacked a company of unarmed people hearing sermon at Thomas-moss in East-Calder in Mid- Lothian, and shot one of them through the thigh, and beat and spoiled many others. The council and managers soon took notice of his activity and severity, and gave him frequent commissions, which he rigorously executed. At one time he attacked a meeting in the parish of Bathgate, and shot one James Davie, an heritor of that parish, dead in the spot, and took fourteen prisoners, who were afterwards sent off the kingdom. After Bothwell he seized Mr John King, and brought him in prisoner to Edinburgh. In Mid-Calder, he seized an old man whom he alleged to have been at Pentland, and beat, and bound him in the most barbarous manner. Meanwhile some went into Edin¬ burgh, and complained to the general of his cruelty, whereupon a letter coming out to him threatening him for his illegal severi¬ ties, he forced the poor old man, in fear of present death, to sign a paper, that Thomas Kennoway had never Avronged him in his person or goods. In the parish of East- Calder he broke in upon an house, and missing the husband whom he was seeking, CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 153 beat and abused his wife, who was with child, most inhumanely, and threatened be¬ fore her eyes to force two of her daughters, all which put her to such a fright, that she parted with child, and never recovered, but died in a very little. Indeed he was notour- ly wicked and profane, a known adulterer, and a fearful drinker, and blasphemous curser and swearer. He used to say, ‘ Hell would be a good winter quarters, but ill summer quarters.’ And one in company asking, if he was not afraid to speak so of hell ; he said with a new oath, ‘ he was never afraid of hell, but sometimes he was afraid some of the rebels would shoot him dead at a dyke-side.’ This was some years before his death. Instances of his grievous op¬ pression of the parishes of East, Mid, and West-Calders, and Livingstone, have been given, and many might be added : he was indeed a terror to all that country-side. And he was constantly almost among them, fining and oppressing multitudes, of which I have accounts before me too long to be insert here. One thing I shall notice, be¬ cause it was much observed after his death. Some time before Meldrum’s court, of which an account hath been given, Kenno- way had for some time continued drinking at Swine-abbay till all the money he had was spent, and he had not wherewith to pay his reckoning, he went out and seeing a poor country man coming by on the road with a bag of oats, by mere force took it from him, and threatened him dreadfully if ever he looked after them, and with the poor man’s oats he paid his lawring, and had some little more money to drink up in some other place. And in this very place he was sent into eternity. November 17th he came out of Edinburgh with a roll of persons, he said, he had a com¬ mission from the council, to apprehend in the country, upwards of an hundred and fifty men, probably of his own upgiving. He alighted at Livingstone, where he met with the other Duncan Stuart, to whom he showed his commission, and told him, in a few days he hoped to be as good a laird as many in that country, and they fell a drink¬ ing. He regretted much that he was turn¬ ing old, and would not get the lands he now reckoned as his own, long enjoyed. In the IV. way to Swine-abbay he described and pointed at the places he had in his eye to possess, to his comrade Stuart, till they came thither, and there they continued drinking and laying their projects until the 20th of November, when they were cut off; the particular circumstances whereof I can¬ not relate, none being witnesses but the ac¬ tors, who got off] and were never taken. This is all the account I can give of this matter, and I do not set down those things to vindicate the actors, but to show how righteous the providence wab, that this wicked man is cut off in the midst of his days and projects, however blameable the persons might be in their manner of doing it. Before I leave those two persons, I on¬ ly insert the council’s act December 9th, anent their widows, to show the concern they showed for the relatives of such as had been active in the persecution. “ The coun¬ cil having considered the petition of Janet. Stuart relict to Thomas Kennoway, one of the gentlemen of his majesty’s guard, and Jean Jaftrey, relict to Duncan Stuart, another of them, lately inhumanely murdered and butchered by some desperate rebels and fu¬ gitives, at the house of Swine-abbay in the night-time, do recommend them to t! e treasury for charity.” But I come forward to the council’s more public actings as to the society people’s de¬ claration and this murder at Swine-abbay. and we shall find them very singular. From thence they take occasion, first to order a particular search to be made in Edinburgh, which was not so unreasonable, and then, after some reasoning and opposition to so much barbarity, they agree upon the bloody orders to murder in the fields all who should not expressly disown the foresaid declara¬ tion, without any libel or legal process, and lastly give out a terrible commission for ha¬ rassing the country round the place where the two soldiers were killed, and after that commission is executed, they grant more general powers to particular trustees, to harass of new the west and south country. Of all which in their order, and from the public records. November 21st the coun¬ cil make the following act. “The lords of his majesty’s privy council, having just reason to suspect that several of those des- u THE HISTORY OF THE SUFFERINGS [BOOK III. lo4- 16S4 Pera^e r'ucti°ns to the forces to he sent - to theparish of Livingstone, Bathgate, Torphichen, and Calders. “You shall convocate all the inhabitants, men and women, above fourteen years of age, within the parishes of Livingstone* Bathgate, Torphichen, Calders, Easter, Wester, and Middle, and ye shall examine every person; and after the oath of abjur¬ ation, (we shall meet with it just now,) such as take the oath you shall dismiss, un¬ less you have grounds of suspicion of their guilt. And if any own the late traitorous declaration, or assassination of the soldiers, you shall execute them by military execu¬ tion upon the place. And such as refuse to answer or depone, or will not disown the said traitorous declaration, and the prin¬ ciple and practice of assassinations, you shall give them a libel instantly, call fifteen men as a jury, and let them judge them, and in¬ stantly execute the sentence of death on such as do so refuse to disown, or to answer to the questions befoi'c the said jury. And ye shall seize their goods, delivering as much of them as will pay one year’s rent, to such masters as either have, or will take the test. And if any be absent, ye shall burn their houses, and seize their goods, unless their master, or some other sponsible man, bind to produce them in a competent time ; the master or cautioner being always one wrho hath, or shall take the test presently. You shall likewise examine all persons upon their knowledge of any accessory to the said proclamation or assassination, and such as refuse to depone upon their knowledge you shall keep prisoners. You shall examine all upon their oath anent harbourers, resetters, or concealers of the assassinators, or such as were accessory to the proclamation ; and if any refuse, make them prisoners, bring them into Edinburgh, and cause secure their goods. And as to the families of such as you condemn or exe¬ cute, you shall make prisoners of all persons in their families, above the age of tw'clve years, in order to transplantation. As also you shall take the oaths of all who compear that they shall not harbour, reset, or con¬ ceal any of those dangerous rebels, whe¬ ther pretended ministers, or adherents, but shall discover their persons, and assist to the taking or pursuing of them, and shall discover who shall harbour, reset, or enter¬ tain any of them, to some magistrate or he¬ ritor of the ground, that they may raise the country and pursue them, till they be ap¬ prehended; and w ho will not give oath in the terms above-mentioned, you shall bring prisoners to the tolbooth of Linlithgow, there to be kept till further order. You shall likewise apprehend all the near rela¬ tions of Nimmo, and bring them to Edin¬ burgh for further examination. For all which thig shall be warrant to you, and all officers and soldiers employed by you.’ Geo. Mackenzie, Geo. Mackenzie, Jam. Fowlis, Jo. Lockhart, And. Ramsay, James Graham, Perth, Cancel. Douglas, Balcarras, Livingstone, J. Drummond, Dav. Falconar. Those instructions speak for themselves, and as they want a parallel, so they need no commentary. We may look upon them as the copy according to which the country was to be handled at this time, and this cruel scene was exactly followed in several places for some months, bating some little regularities here, which the officers of the army at some more distance from Edinburgh did not always reckon themselves bound to follow. Reflections upon them may be very short : such who were parties, I mean both in this case, by being officers in the life¬ guard, and in other cases, by sharing of the spoil, are made judges. What terrible hard¬ ships are here put on the poor country ! Boys and girls of fourteen and fifteen years of age have the oath of abjuration crammed down their throat ; and even such as swal¬ low it are not free from suspicion, but may be kept in custody and so are presumed to be perjured. The refusers of the oath, and such who do not presently disown the de¬ claration, are instantly to be tried by a jury, and that jury by former acts of council must bring them in guilty, and they are to die upon the spot under colour of law. Such masters as have the tenderness to refuse a contradictory oath, must lose their rent, which is secured to those of latitude. Ab¬ sents who incline not to come under this; inquisition, and, for any thing known to the council or judges, are necessarily absent CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 157 must have their houses burned, if some testers do not interpose. And what righte¬ ousness and equity can there be conceived in punishing the innocent families of such whom they think good to find guilty, even striplings of twelve years of age with trans¬ portation ? How iniquitous and heavy an imposition was it, though now very com¬ mon, that all should be imprisoned who would not engage upon oath, to pursue ministers and others above-named, and dis¬ cover them and their concealers ! Those things cannot but stun posterity, and make all who hear detest such wicked oppression of the rights of men and Chris¬ tians. And can any thing but ignorance of such inhumanities, or the worst of tempers, be at the bottom of the efforts too many are making (1715) to bring us back to those black times ? I have before me a large account of the procedure of this commission in the fore- said five parishes. The soldiers came out the day before, and charged all, young and old, to appear before the judges, under pain of death. They sat first at Livingstone, where many questions were put to some of the people anent the king’s authority, their keeping the kirk, and other matters quite extraneous to the designed inquiry. The soldiers sat on horseback, with their swords drawn, round about the country people in the fields. Old and infirm people who had not been from their houses for many years, were brought out, and those who were not able to walk, were brought on horses, and such who were not able to sit, were tied one to another on horseback ; none were permitted to return till the judg¬ es examined them. At night, the court adjourned to Mid-Calder, and all not exam¬ ined were ordered to attend there, where the people were examined in the church. But, passing these circumstances, I only re¬ mark, that all this trouble the country Avas brought to, made no discoveries I can hear of. November 25th, “ The lords of his ma¬ jesty’s privy council approve the draught of the oath underwritten, to be offered to all persons whom they or their commis¬ sioners shall think fit.” I, A. B. do hereby abhor, renounce, and disoAvn, in thepresence oftlie Almighty God, the pretended declaration of war lately affixed at several parish-churches, in so far as it declares a war against his sacred majesty, and asserts that it is lawful to kill such as serve his majesty in church, state, army, or country, or such as act against the authors of the pretended declaration now shown to me. And I do hereby utterly renounce, aud disown the villanous authors thereof, who did, as they call it, statute and ordain the same, and AA'hat is therein' men¬ tioned. And 1 swear, I shall never assist the authors of the said pretended declaration, or their emissaries or adherents, in any point of punishing, killing, or making of war any manner of way, as I shall answer to God.” This is the first shape of the abjuration oath, Ave shall have it just now in the pro¬ clamation a little shortened, and this was new matter of severe persecution to the west and south of Scotland next year. That this might be the better pressed, the council send Avest lieutenant-general Drum¬ mond, and, besides him, name many particular commissioners in the particular districts in the south and west. They are mostly the persons named in the beginning of this year, Avith some feAV others, some of Avhom Avill come in just uoav ; it is then- instructions and commissions Avill be of most use to the reader, to discover the temper of this period. And December 2d, I find the council direct the following letter to the commissioners of the several districts in the southern and Avestern shires. Right Honourable, “ The king’s majesty having granted an indemnity, February 26th last past, and the council considering there may be persons within your districts, Avho may fall in to share in that indemnity, and being willing none should fall short of it, have sent you the following instructions therc- anent. “ Perth.” This is the first time I meet with this indemnity, though granted February last. What were the motives iu the managers to keep it up till noAA-, I shall not inquire, neither can I learn from the registers it Avas published at all. In February or 158 THE HISTORY OF THE SUFFERINGS [BOOK III. March next year, an indemnity is ' published at the accession of king James, but till then I can learn of no other since the year 1G79. However, they now clog the indemnity with the abjuration oath, and put it entirely in the hand of the commissioners, to apply the king’s pardon, or not, as they see cause. The instructions will best speak for themselves. Instructions for applying his majesty's indemnity. “ 1. You are, conform to his majesty’s indemnity, to set at liberty, and free all persons imprisoned, or under bond, by you not fined : and though they be sentenced to banishment, they being under the degree of heritors, liferenters, wadsetters, or burgesses of burghs royal, and vagrant preachers. “ 2. By vagrant preachers you are to understand indulged ministers, and such as are in orders, but not licensed according to law, whom you are not to dismiss or liberate, but upon their enacting themselves, or finding others caution for them, that they shall not hereafter exercise any part of the ministerial function within this kingdom, under the pain of five thousand merks, otherwise find caution under the same sum to remove off the kingdom within twenty days, and not to return without license, and meanwhile to live peaceably. “ 3. If any persons already declared fugitives, shall within twenty days after the date of his majesty’s proclamation, address to you, and testify their acceptance of the said pardon, by taking the allegiance, or finding caution to transport themselves out of his majesty’s three kingdoms, before the twentieth day of May next, after the date of his majesty’s proclamation, and to live peaceably till then, and not to return without license, on pain of death, you are to admit them. “4. But before you offer his majesty’s said pardon to any of the foresaid persons, you are to cause them swear the late oath of abjuration, and that they shall never take up arms against the king, or any commissionate by him, upon any pretext whatsomever ; and if they refuse so to do, you are to secure them in firmance, until you report to the council, and have further orders ; and you are to give the ordinary pass to all such as take the said oath.” But to awe the country the more, beside the former commissioners, some are more especially appointed to traverse the country with a justiciary power lodged in them solely. Thus, December 4th, the council send lieutenant-general Drummond to the west and south. His commission and in¬ structions will best show his powers. Commission and instructions to lieutenant- general Drummond. “ Charles, &c. Forasmuch as we and the lords of our privy council are certainly in¬ formed, that there are certain fugitive rebels now in arms, in several places in the south and western shires, who by themselves, their adherents and accomplices, do daily commit great abuses and insolencies, to the disturbance of our peace, and the disquiet of our loyal people. We, to the effect that these rogues and villains may be reduced, do, with advice of our privy council, consti¬ tute lieutenant-general Drummond, master general of our ordnance, our justice in that part, to the effect underwritten, with power to him to go to the said south and west shires, or any parts thereof, where the said rebels and their adherents do mostly resort, and then and there, as he shall think ex¬ pedient, to affix and hold courts of justici¬ ary, call assizes, &c. (as in common form before specified) and call any of the said re¬ bels or their adherents, or persons suspect, and cause justice be done on them according to law and practick, and acts of parliament of this realm, and instructions given by our council of the date thir presents. Promit¬ ten, to hold firm and stable; and ordain this commission to continue and endure till the first of January next.” Instructions given with the above specified commission. “ 1. You are to go to the southern and west¬ ern shires, where several rebels and their adherents are, or do haunt and resort, and do commit great insolencies and abuses; and for your assistance in reducing and punishing them according to your commis¬ sion, you are to take with you the forces OF THE CHURCH OF SCOTLAND. 159 CHAP. VIII.] following, half of the troop of his majesty’s life-guard, four troops of Claverhouse’s regiment of horse, the earl of Balcarras, Airly, and lord Ross their troops, six troops of general Dalziel’s regiment, with two hundred foot out of the earl of Mar’s regi¬ ment ; and with them you are to pursue, take, and apprehend and kill the foresaid rebels and their abettors. “ 2. You are to call before you all such persons who have been in the late rebellion, and have not taken the benefit of his ma¬ jesty’s indemnity, and their resetters, as also, all such who have been actors in contriving, accessory to the publishing, or affixing, or do any manner of way approve of, or al¬ low the late treasonable paper and declara¬ tion. “3. You are to quarter the said troops under your command, upon your march up and down the said shires, either in burgh or land, as you shall find most expedient ; and you are to settle garrisons of horse and foot, and dragoons in such places, and con¬ sisting of such numbers, as are contained in a list given you for that purpose ; and to make such alterations in the said garrisons as you shall find most proper for the king’s service, and the peace of the country ; and you are to require all sheriffs and ma¬ gistrates where those garrisons are to be established, immediately to convene the commissioners concerned to provide them, and to certify the sheriffs and other magis¬ trates, that if they prove negligent, they will be convened before his majesty’s privy council, and fined therefore ; and if they be negligent, you are to allow the forces in that case to take what they want at their own hand ; and generally, you are to do every other thing necessary, which may most conduce to his majesty’s service, and the good of the country.” At the same time the council write a let¬ ter to the duke of Hamilton, acquainting him, that they had sent wrest lieutenant- general Drummond, with a justiciary power to go through the western and southern shires, and try rebels and fugitives, and vagrant skulking persons in the said shires, and, where he finds it necessary, to establish garrisons, especially in Lanark¬ shire ; and desiring that his grace may con¬ vene the commissioners, who are j ^ proper to provide the garrisons with all necessaries. Besides those powers granted to the lieu¬ tenant-general, some other commissions are granted to private persons, who would un¬ dertake them, to search for, and take sus¬ pected persons in places which the regular forces could not so easily reach. Thus 1 find a new highland host is brought down upon the shires of Renfrew and Dumbarton, under the laird of Orbiston. The commis¬ sion is a little singular, therefore I insert it. Date, December 8th, 1684. “ Charles, &c. Forasmuch as we understand¬ ing there are several rebels and fugitives, who do haunt and skulk in the shires of Dumbarton and Renfrew, and that there are several outed ministers who reside within the same, to the great disturbance of our peace, if a present remedy be not fallen upon for preventing the abuses com¬ mitted by the said rebels and fugitives, and our people from being debauched into dis¬ loyal and seditious principles by those outed ministers. Therefore we, with, and by ad¬ vice of the lords of our privy council, do give and grant full power and authority to William Hamilton of Orbiston, to levy vo¬ luntarily two hundred highlandmen of the shire of Dumbarton, and with them, or any part of them, as oft as our service shall re¬ quire, to march to any part of the said shires, and pursue, take, and apprehend the said rebels and fugitives, vagrant and skulking persons and their resetters, and commit them to some firmance or ward till they be legally tried. And in case any of the said persons be in arms, resisting and refusing to be taken, we do hereby fully empower the said laird of Orbiston and those with him, to kill, wound, and destroy them, and deliver such of them who shall be taken alive, to our next commissioned officer of our forces, to be brought in prisoners to the tolbooth of Edinburgh, in order to be brought to a legal trial, or to be otherwise disposed of as our council thinks fit. Ajid in pursuance of the said commission, we do authorise the said laird of Orbiston, to em¬ ploy spies and intelligencers to go in com¬ pany with the said rebels and fugitives, as 1G0 THE HISTORY OF THE SUFFERINGS [ROOK III. if they were iu their party, the better to discover where they haunt and are reset,- and if they can, to apprehend and pre¬ sent them unto him for the effect fore said.* As also with full power to the said laird of Grbiston, to take and apprehend the per¬ sons of all outed ministers, who shall be found within, or resort unto the said shires, and send them in prisoners to the tolbooth of Edinburgh, or deliver them to the near¬ est officers of our army, to be brought in prisoners accordingly. It is also hereby provided, that the said laird of Orbiston take care that those persons employed by him commit no disorders, and the country through which they pass receive no damage by them. And for the better encourage¬ ment of the said laird of Orbiston, and those with him, we indemnify him or them in case of resistance, where persons may be killed, wounded, or mutilated, and for con¬ versing with rebels and fugitives to the ends foresaid, and from all pursuits crimi¬ nal or civil in all time coming ; and do de¬ clare this our indemnity to him and them to be as sufficient and valid as if the same were under our hand and great seal ; and this our commission is immediately to be¬ gin and take effect, and to continue and endure till we or our privy council shall recall the same.” The hardships and difficulties the poor people in the west and south were brought under by this army sent upon them, are * The following' story is known still to the people in the neighbourhood of Duchal. The commander of the party employed in Renfrew¬ shire, sent two of his men to collect informa¬ tion concerning Duchal and his lady to the place or house of Duchal. They applied to the lady for quarters, pretending to be persecuted cove¬ nanters. The lady ordered them to the barn, and sent a mess of porridge for their supper. They fell to eating the food without asking a bless¬ ing. The servant from this circumstance con¬ ceived suspicion, that they were not of the right kind. The lady was sorely afraid, and laid her fears before her husband. Duchal brought the two soldiers to the front of his house, and in the presence of all his domestics, indicted discipline by the horse-whip on the “rebellious whigs,” as he pretended on their own averment to consi¬ der them, and who had thus by a crafty device at¬ tempted to bring him into trouble. After the whipping, he bound them hand and foot, and threw them into the old vault of Duchal castle, till the commander came, and relieved the psc uclo-covenanters. — Ed. indeed inexpressible. Some particular in¬ stances may come in afterwards, this and the next year ; but the reader will easily perceive what furious and exasperate sol¬ diers would do, when they had so large powers and commissions. We shall pre¬ sently meet with more commissions given to some select persons in every shire, which perhaps superseded the giving them to particular persons. At length, December 30th, after all those steps taken to harass and persecute the country, before any previous warning given to them, of the danger of the societies’ Apologetical Declaration, and the necessity of the taking the oath of abjuration, which, one would think, ought to have been the first step should have been taken, the coun¬ cil emit their proclamation against their de¬ claration, which I have insert below-.* * Proclamation against a treasonable declaration , Dec. S 0th, 16S4. Present in council. Earl of Perth lord Lord archbishop of Duke of Queensber Lord archbishop of Marquis of Douglas. Earl of Drumlanrig. Earl of Mar. Earl of Glencairn. Earl of Strathmore. Earl of Southesk. Earl of Pan mure. Earl of Tweeddale. Earl of Ealcarras. high chancellor. St Andrews. rv lord high treasurer. Glasgow. Earl of Kintore. Lord Yes ter. Lord Kinnaird. L. President of Session, L. Register. L. Advocate. L. Justice-clerk. L. Castle-hill. Gossford. Charles, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith: to our lyon king at arms, and his bre¬ thren, heralds, inacers of our privy council, pur¬ suivants, and messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting. Forasmuch as several in¬ solent and desperate rebels, having frequently rel used the reiterated offers of our clemency, have of late associated themselves, under a pretended form of government, in societies, fellowships, &c. and have, in their meetings, at last pulled ok the mask under which they formerly endeavour¬ ed to disguise their bloody and execrable prin¬ ciples, and openly and avowedly declared, in a late treasonable paper emitted by them, and affixed at several parish -churches, (intituled, The Apologetical Declaration and Admonitory Vindi¬ cation of the true Presbyterians of the Church of Scotland, especially anent Intelligencers anti Informers) that they have disowned us and out authority, aud have declared war against us ; am from that do infer that it is not only lawful, bu1 a duty upon them, to kill and murder all who y holding them as confessed upon a pecuiary mulct, and they being thereupon decered, conform to the king’s letter, their moveales are to be inventared and seques¬ trate. “ 4toYou must proceed against all who are guilr of having been at Both well-bridge, or were i accession thereunto, except they have taki the indemnity ; but you are not to procef so summarily, but give them time. Al if they take the test, and be very penitit, let them find caution, or en¬ act tliemsees to appear when called. “5to. Yc must likewise proceed against heritors guty of church-disorders, since their for meaning. And if anv have not been adequately fined, you may pro- ^ ceed against them for the superplus. “ Gto. You may examine witnesses as you see cause, against such as are given in the list, to be pursued before the parliament. “ 7mo. If you find probation against heri¬ tors not yet delated, you may take them be¬ fore you, both as to the rebellion, and the late conspiracy. “ 8vo. You are likewise to cause the whole packmen, cadgers, and drovers, within the bounds of your shire, find caution not to carry letters or intelligence to the rebels, or to sell to them, or give them ammunition, or supply them any other manner of way “ 9no. You are to cause the whole mer¬ chants of your shire, who have any powder, lead, or any sort of ammunition, or were in use to sell the same, give their solemn oath as to the quantity and quality thereof, and find sufficient caution that the same shall not be given or sold to rebels. And if they fail to give the said caution, all the ammunition is to be secured and taken from them, until the same be called for by the master of the ordnance, and brought to his majesty’s magazines. “ lOmo. If the foresaid packmen and other wandering persons in your shire, shall not compear, and shall refuse to find the foresaid caution, that by order of the said commissioners their packs be seized, and their persons secured till further order from the council. “llmo. You shall call for, to your as¬ sistance, such parties of horse or foot in your district, as you shall have occasion for, who are hereby ordered to obey you. And you are to meet at such convenient times and places, as may be most for the ease of the people.” I meet with no more in the registers re¬ lative to this declaration, but what will come in next year, under the rigorous exe¬ cution of those commissions and instructions, unless it be that, January 9th, the council empower the magistrates of burghs to tender the oath of abjuration to all concerned, con¬ form to the proclamation. The last thing I promised in this section, was to give an account of the criminal pro¬ secution before the justiciary, and public executions of some country people, who re- 166 THE HISTORY OF THE SUFFERINGS [BOOK III. j fused to disown this paper of the so¬ cieties about which so terrible a bustle was made. 1 shall first give an ac¬ count of their process, from the justiciary registers, and then give some further hints of them from some other papers. December 8th, George Jackson, Thomas Wood, Alexander Heriot, James Graham, and Thomas Robertson, and with them Pat¬ rick Cunningham, John Watt, James Kirk¬ wood, Alexander Vallange, and James Glover, are indicted, ‘ That upon the 28th of October last bypast, they did emit a most barbarous and hellish proclamation, that they would begin their assassination and war. Upon the 9th of November, after the promulgation of this villanous paper, and this paper having been posted upon the kirk-doors of Kilbride, Linlithgow, and other places, the pannels were taken, and at their examination, owned ilk one of them, or would not disown that paper upon oath, in so far as it declares war against the king, and that it is lawful to kill the king’s officers of state, counsellers, justices, soldiers, or in¬ formers, or declare, if they had any hand in emitting of that paper. Wherethrough ilk one of them are guilty of contriving, emitt¬ ing, and publishing the foresaid treasonable declaration, at least are adherers thereto, in refusing to disown and disclaim the same by oath, and ought to be punished with forfeiture of life, land, and goods, to the terror of others.’ The five last named, as in presence of al¬ mighty God, renounce and disclaim the principles above-mentioned, at the bar, and their diet is deserted simpliciter. The diet against the other five is continued till to¬ morrow. December 9th, the lords find the libel relevant, viz. that the pannels own, or refuse to disown the traitorous proclama¬ tion, whereby war is declared against his majesty, and asserting, that it is lawful to kill those employed by his majesty, to infer the crime of treason, as art and part of the said treasonable paper, and remit the same to an assize. The probation adduced by the advocate, is the pannels’ judicial confession in the court yesterday, whereby they refused to disown the said paper w hen read to them, to which the pannels adhered, and disowned the king’s authority. Alexander Heriot disowns the proclamation, and at the bar ac¬ knowledges upon oath, that it is not lawful upon any pretext whatsomever to rebel against his majesty, or any in authority un¬ der him ; and the diet is deserted as to him, simpliciter. The assize bring in the other four guilty, by their own confession. And the lords sentence them to be taken to the Gallow-lee this day, December 9th, betwixt two and five in the afternoon, and hanged. Thus this matter stands in the records. I have some other hints as to those good men, from other papers, which deserve a room here. George Jackson lived in the parish of Eastw'ood, and we have heard that this fervent zealous country man was taken at Glasgow^, being overheard praying in a house. A little after he w'as seized he was carried before the bishop, and by him ex¬ amined upon several questions very captious. It may not be unfit to point at some of them, that the reader may have some fur¬ ther taste of the bloody and bitter temper of the prelates, and the methods they used. The bishop asked him, if he was at Both- well-bridge. He answered, yes. He was next asked if he was an officer, and said, no; for he wras but sixteen years of age. The bishop then asked him, if he was at Bothwell rebellion. George answered, he allowed himself in no rebellion against God The bishop asked, if it was rebellion again>t the king. The other said, he had answ ered that already. The bishop asked, if be would pray for the king. He answre'ed, he reckoned it his duty for all within the election of grace. The bishop asked, i the king within the election of grace, o not. George answered, if you were such - man as you pretend to be, you would ot ask me such a question. Then he wa asked, if he owned authority. He answred, he owned the king and inferior insist rates, in as far as they were a terror to v'il doers, and a praise to them who do *11. The bishop asked, are they not so. feorge an¬ swered, when the Lord Jesus sh^ sit judge, they, and you, and the like < you, will count for it, whether you be r not. He wras asked, if the bishop’s de;h was mur¬ der ; and answ’ered, he wras *t concerned W'ith those matters. The bi»op left him, with saying in a considerablheat, Sir, the boots will make you free iryour answers. CHAP. \ II 1. 1 OF THE CHURCH OF SCOTLAND. All the last winter he was kept in the irons, without any lire ; and May last, he was carried in to Edinburgh, where, being called before a committee of the council, he came in with a Bible in his hand ; perhaps he would not leave it in the iron-house, and had none to give it to till he came back. 1 would not notice this circumstance, were it not to discover the jeering scoffing tem¬ per of the persecutors. The advocate says when he came near, There comes he and his Bible, let us see where the text is. George calmly answered, he was not a minister. Put up your Bible, says the other, we are not for preaching at this time. He answered, he was not come to preach, but since they insisted upon his Bible’s being in his hand, which was no crime, he wished they would make it the rule whereby he was to be judged; for they would ere long be judged by it. It was replied, he was now come to be judged, and not to judge them. And then the ordinary questions were put to him, which he answered much the same way as above to the bishop. He continued in the irons till the bustle about the society’s paper, and then was posed, if he owned that declaration. He answered, as far as was agreeable to the word of God ; but he allowed of no murder. The council remit him to the justiciary, where we have heard his sentence. He died in much com- | fort and serenity. Thomas Wood, we formerly heard, was taken after the rescue at Enterkin-path. I have before me his account of his examin¬ ation under his own hand. November 12th, when the managers are in a rage upon the society’s declaration, lie with others were called in, and had that paper read to them ; and Thomas was asked what he had to say of it. He answered, he never heard of it till now, and could scarce understand it, the clerk read it so fast. He was asked, but do you adhere to it. He answered, as far as it is agreeable to the word, but no further. But, added they, the covenants are in it, do you adhere to these. He an¬ swered, I do. And after some questions, if he was at Bothwell, or Ayrs-moss, where he was not, he was dismissed. James Graham tailor in the parish of Corsmichael in Galloway, when coming I67 home from his work to his mother’s house, lie was overtaken in the high way by C'laverhouse and a party of soldiers. They knew him not, and had nothing to lay to his charge, but searching him and finding a Bible in his pocket they took it and his tools from him ; and, with¬ out asking any more questions, no doubt reckoning him a disloyal person, carried him with them to Kirkcudbright. From thence they took him to Wigton, and from thence to Dumfries, where he was some time in the irons, because he would not answer their interrogatories. He was in a little time taken into Edinburgh, and questioned upon the declaration of the so¬ ciety, and refusing to answer, was condemn¬ ed, and died most comfortably. Thomas Robertson had fled out of the south country, and lived some time at New¬ castle ; he was there imprisoned upon his refusing to take the English oaths. By some means or other he got out of prison, and came to Edinburgh, where, at the gen¬ eral search November last, he was taken; and, when brought before the council, he was soon ensnared by their interrogatories, and remitted to the justiciary, where he was condemned with the rest. By his last speech he appears to have been a serious pious man. Thus we see, none of those persons were or could be concerned in the societies’ pa¬ per, they being in prison and elsewhere at the time, and since : yet precisely upon their refusing to judge about it, and condemn it, they are sentenced, and die, to be a pat¬ tern to the soldiers in their more summar sentences up and down the country, or to satisfy the present rage the managers were in from the societies’ paper. This is all I meet with from the regis¬ ters, relative to this declaration : and the reader will find other instances of severities through the country in the next chapter. Upon the whole, he will with me regret the lamentable consequences of that ill- worded and ill-timed paper, and observe the activity and vigilance of the persecutors. They slip no occasion given them of harass¬ ing and oppressing the country, after all formerly laid upon it this and former years. I come now to finish this year and chapter with 1GS THE HISTORY OF THE SUFFERINGS [BOOK III Some general hints of the persecution, par¬ ticular hardships, and murders in the fields, with some other accounts which came not so well in upon the for~mer sec¬ tions this gear, 1684. Matter hath swelled so much upon my hand, and I was so knit down by the large sub¬ jects, I thought needful to put together in the former sections of this chapter, that I chose to leave to this place many general accounts of the persecution of this year, and some particular sufferings, of which I have not the distinct dates, and several other in¬ cidental things, which deserve the reader’s notice. I shall first give some further views of the severe persecution in all the corners of the country, by courts, searchings, finings, and banishments, which 1 have in vouched accounts from the particular parishes, and they are supported by the commissions and large powers we have for¬ merly seen were granted by the government, and then I shall take in some other inci¬ dental things from the registers and other papers, which tend to enlighten the history of this year. The former courts, for which commissions were given in the preceding years, continued very frequent, aud their severities increased, as appears by the ex¬ travagant finings, searchings, quarterings, banishments, and murders in cold blood, now beginning. The persons mentioned in the former years, continued to squeeze the poor country people most arbitrarily for alleged reset and converse, noncompearance at former courts, and other things now made pretexts for oppression. And when matter began to fail them within the com¬ pass of the foregoing years, since Bothwell, they ran as far back as Pentland. Thus in Galloway, where that rising began, I find the soldiers exacting considerable sums this year in the parish of Dairy, as the rest of the bonds, extorted by Bannantyne and others. Much money was exacted from the poor people, and the very interest of those notes and bonds reckoned up, and their cattle were taken away, and their houses rifled, merely upon their preteuded accession to Pentland. In the parish of Tingwall I find finings most severe, and papers before me bear, that the curate of that place made money by them. Pie used to delate the persons to the rourts, and upon pretext of the people’s inability and poverty, he interceded and got down the fine to a small matter, which he paid down, and took a right to the whole, and then took his own methods to draw much more from the persons concerned, before they got their discharge. Many other ways he had to share in the fines of persons of his own delating. I find the laird of Lagg holding courts frequently in Galloway, the beginning of this year, and obliging those who did compear to declare on oath what they knew of those who did not compear, and if they knew where any of the wanderers haunted. In the kirk of Dairy, he gathered all the men of the parish without signifying what he w as to do with them, and then brought a party of the soldiers and surrounded the kirk, wdtli express orders to let none out till he gave commission. Then he tendered the test to them all, though none of them in law were obliged to take it, assuring them in the most threatening manner, none should get off till they took it. Many took it against their inclinations. And when by fair means and foul he had prevailed with them, he said, ‘ Now you are a fold-full of clean beasts, ye may go home.’ Yet after¬ wards getting new informations from his spies, about some of them, he afterward ha¬ rassed severals who had sworn, and fined them, though they were legally purged, from their alleged faults, by taking the test. I find he exacted upwards of seven hundred merks from three men who had qualified. David Graham, about the same time, held courts at the kirk of Twinam and that neighbourhood, mostly about nonconform¬ ity. His great interrogatory w as, if they kept the church, and when many could not depone in terms of law, they were fined, and the fines exacted with all rigour. Courts were held also in the parish of Alnwick, and the same methods followed, only with this difference, that the day before the court, soldiers were sent to the houses of those CHAP. VIII.] OF THE CHURCH OF SCOTLAND. they chiefly had an eye upon, to quarter there, and bring them with them to the court to-morrow. At Kirkcudbright likewise there were courts, not only about nonconformity, but also reset and converse. The curate caused almost the whole parish to be cited, and sat in the court, and excused and accused as he saw good, and gave characters of the per¬ sons appearing, and a secret mark was put upon such as he alleged were backward in keeping the church, though they declared or deponed in court they were regular, that afterward they might be narrowly looked to. At this court masters were sworn, that as soon as they found their servants kept not the church, they should be dismiss¬ ed, and parents the same way as to their children. James Martin of Dularg was brought to much trouble at this court. We have met with the sufferings of his son William Martin. I shall here take occasion to insert a hint of the old man’s troubles. He had been fined most groundlessly by Middleton’s parliament, in five hundred and ten merks; and when he refused to pay that fine, being conscious of no crime, that, and almost as much more, was taken from him by force, as appears by a discharge under Sir William Bruce’s hand. He lost much by Sir James Turner’s quarterings upon him for his wife’s nonconformity. An hundred pounds were taken from him for baptizing a child with a presbyterian minis¬ ter. Some time after, John Maxwell of Milton fined him in a large sum for his wife’s nonconformity, and three yoke of oxen and some horses were taken away up¬ on his refusing to pay it. At length, he raised a process of reduction against Milton before the council, which cost him upwards of an hundred pounds; and the council were so sensible of this persecutor’s exorbitan¬ ces, that for this and other things for a time they took away his commission. Being this year cited before this court at Kirkcudbright, at the instigation of Mr Colin Dalgleish curate, he was fined in a thousand pounds, for his wife’s not keeping the church, and cast in prison till he paid it. There by the severity used, and want of accommodation, he catched a cold, and took a violent cholic, whereof he died in prison. iv. 109 Thomas Lidderdale this same year, held courts likewise at Kirkcudbright of a more extensive nature. To these all the neighbourhood were cited, women as well as men, and interrogate upon oath. After some questions about themselves, anent the names of all irregular persons they knew, and wan¬ derers, and where they frequented in that country ; and particularly if they knew where any of their goods and gear were, or any person who had anything that belonged to them ; and, according to the informations given, such persons were presently harassed, and their houses rifled. The test was now generally pressed at the courts which were held, and by the persons mentioned in the proclamation, as empowered to grant it as a favour. A great deal of rigour was used this way at Glasgow. Whoever the people who held courts were pleased to suspect, had it tendered to them ; and if they refused, to prison they must go, though no other thing could be laid to their charge ; and not a few were prevailed with to take it over the belly of their light and conscience, which gave occasion to some bitter and sore reflections afterwards to severals of them. A few instances of many that might be given shall here suffice. William Spaldie, tailor in Glasgow, took, and subscribed the test, and in a little time fell under great remorse for taking the Lord’s name in vain, and swearing that contradic¬ tory oath, as he now apprehended it to be. In this trouble of mind he continued some time, and died not long after in great dis¬ tress. Some good people visiting him on his death-bed, endeavoured to comfort him, but he refused all of that nature. When he was desired to consider the extensiveness and greatness of God’s mercy in Christ, he answered, ‘ Speak not of mercy to me, I have appealed unto God, and attested him, to judge me, and he will do it. I have sealed and signed my cbndemnation with mine own hand.’ Remarkable and lament¬ able u as the expression of William Muir- head vintner there, at his taking the test He was but a coarse man, yet his conscience got up upon him on the taking of it ; and M'hen he rose from his knees, he said to the administrators, ‘ Now you have forced me to take this test on my knees, and I have not 170 THE HISTORY OF THE SUFFERINGS [BOOK III. 1 684 k°we(l my knee to God in my family ' these seven years.’ The poor man went away much discouraged, and next sabbath was taken with a sudden illness, and died. I only mention another instance of the dismal consequences of this violent pressing of this oath. John Anderson indweller in Glasgow, was prevailed upon, with many others, to take the test, and not long after, his right hand and right knee broke out in a running sore, com¬ monly called the cruels. For my share I dare not fix connections in matters of this nature, I only narrate fact, and what the poor man’s own apprehensions were. This evil grew upon him, and not many days after he died in great terror, and used to cry out, ‘ This is the hand I lift up to take the test, and this is the knee I bowed.’ We ought to be very sparing in making par¬ ticular peremptory consequences from providences ; but these matters of fact are known to severals yet alive, and many things of this nature were observed up and down the country, but those instances may suffice. The quartering of soldiers for nonpay¬ ment of the cess, was another thing at this time most vexatious to the country. That tax was imposed, and the method of gathering it so ordered, as, one would think, an occasion was sought to stumble the poor country, and to give room for the soldiers to spoil and ravage. The narrative of the act imposing it hath been already noticed, and many honest people did think, that in paying it, they consented to all the black and foul things committed by the soldiers ; and their refusal became new matter of sore persecution. A party of soldiers was brought upon the refusers by the uplifter of it, and they quartered till ten times the value of the cess was taken ; and, after all, ofttimes the poor man’s friends behoved to compound with the publican, for a sum a great deal more than the cess came to, besides the loss by quartering. Thus in the parish of Carsphairn, seven cows were taken away from Gavin Maclymont upon his refusal, after quartering, to pay the cess, and all the sum owing was not five pounds Scots. Vast depredations were made in most parishes this way. Multitudes were banished this year from their native country, many of whom never returned. We have heard of several instances already ; I shall add but one or two here. John Gate tbatcher in Glasgow, being at his work upon a house, some soldiers going out upon a party, came to the house, being an ale-house, and called for ale and brandy. The officer called John down from his work, to drink with them. He was unwilling, but durst not refuse lest he should be suspected. When he came down, he was ordered to drink the kind's health, this he modestly declined and waved ; and it being insisted upon, and he refusing, he was straight sent to prison, and in a little time banished to Carolina. An attested account is come to my hand, since I wrote what is above, of the suffer¬ ings of John Gate wright in Glasgow, whom I take to be the person just now named. When he was imprisoned, his wife Agnes Andrew, yet alive, a religious and worthy person, was likewise imprisoned in :a different room. Their small family, consisting of eight young children, was scattered, several of them were at the time sick of a fever, and yet most barbarously turned out of the house, and the house locked up, and all in it seized. Agnes in a little fell ill of a fever and flux in prison, and could not get out till a surgeon gave a certificate of the hazard of her life, she being with child. When liberate, the magistrates would not permit her to return to her own house, nor meddle with any thing in it, and the inhabitants being frighted with prosecutions for reset of disaffected persons, this afflicted person had no place but the open street to lodge in with her sickly children, till the excellent lady Ardrie allowed her a brew-house to stay in, with no small hazard to herself, and there three of her children died. Her husband continued in the irons many months, till transported in the Pelican of Glasgow, with others, to America, where he soon died. Nothing was or could be laid to his or his wife’s charge, but simple nonconformity. George Russel in West Redmyre, in the parish of Cambusnethan, being informed against for baptizing a child at a conventicle some years ago, without CHAP. V1IL OF THE CHURCH OF SCOTLAND. any probation, was carried to Lanark tol- booth, and from thence to Edinburgh, where he was gifted for a recruit, and sent to the army abroad, where he died. No small severities were exercised this year upon the account of house-conventi¬ cles, and there were none in the fields but what Mr Renwick kept. John Smith, who had been at a conventicle, in his return falling sick, sat down in the fields. A par¬ ty of soldiers coming that way, without any probation or process, or any further ceremony, shot him in the fields where they got him. Another instance of the severity of this period follows. Upon the last of December 1 68J, a poor man in the parish of St Mun¬ go, was taken out of his bed by captain Dalziel, merely because he acknowledged he did not hear the curate. The test was offered him, and upon refusal, he was put in close prison at Dumfries, and threatened with death. In March he broke prison, and got into England. His wife and seven small children had all taken from them, and went likewise into England begging. The persecution there turning hot, she returned, and when she had waded the river many times, bringing through her children one by one upon her back, she came to an ale¬ house, and sitting there peaceably, Wester- raw, and some other persecutors came in, and required her to take the test, or im¬ mediately to go to prison at Dumfries, and leave her seven children. She only begged they might allow her to take the youngest, a sucking child of about a quarter old, with her : by no means would they yield to this, but allowed her till to morrow, and bid her prepare to die, for they would drown her, if she continued to refuse the oath. Next morning she was asked, if she would swear, she said, she would not. She was asked, if she approved murder, she answer¬ ed, she did not, it was not their sort who were murderers. They told her, that was enough to take her life. However, they carried her prisoner with them to Dumfries, and would not permit her to take her suck¬ ing babe with her. There she continued five weeks prisoner. The Lord moved some to look after the infant, and the six others who were able to walk came after¬ 171 wards to Dumfries ; and the eldest ap- ^ plied to the bailies, that they might have but liberty to see and speak with their mother. This was refused, and they put out of the place. One of them going by the prison saw her looking out at a window, but was not suffered to speak to her ; when forced away, the child blessed the Lord he had once more seen her. The mother was sent in prisoner to Edinburgh, whither the children followed her, and the council had some more compassion, and at length liber¬ ate her. Let me add another instance of the sol¬ diers’ carriage. Two soldiers came from the garrison of the Sorn, to lift the cess or lo¬ cality in the parish of Dalmellinglon, and were lifting it in a country room in Sloan- ston, possessed by Andrew Mitchell. This place lying towards the mountainous part of Galloway, the wanderers and persecuted people upon their hiding, were sometimes appearing in the neighbourhood, the two soldiers meeting with two of them endeav¬ oured to seize them, and were w'ounded, but not dangerously. When the accounts of this came to the garrison, lieutenant Dundas with all his men, came to the vil¬ lage of Dalmellington, and sent out some and seized Andrew Mitchell’s whole goods, amounting to twenty bolls of corn, twelve cows, besides sheep and horses, though he was no way concerned in the scuffle. The soldiers continued there a fortnight on free quarter, to the great charges of that place. The lieutenant called before him a great many people, he alleged had conversed with the hiding people. The curate of the place, Mr Lang, was very useful to him in point¬ ing out the persons. Fifteen persons, whose names are before me, refusing to give oath as to converse, were sent prisoners to Glasgow, and continued there seventeen days. They were fined in a thousand pounds Scots to the fiscal, and five hundred merks to the wounded soldiers, and gave bond to answer there in June. And one of them, James Gibson of Erris, was dis¬ tressed for the whole sum, and forced to pay it, and he allowed retrocession upon the rest for their proportions, as appears by the bonds, receipts, and discharges, yet preserv ed ; and their loss one way and other, was 1 7^ THE HISTORY OF THE SUFFERINGS [BOOK III. j j really more than the sum they actually l' ' paid; and yet no crime could be charg¬ ed upon them. Besides these, the lieutenant, in February, seized some of the most sub¬ stantial of the inhabitants in the little town of Dalmellington, and carried them prison¬ ers with him to the garrison, till, as he said, he should see if the soldiers would recover ; and kept them there fourteen days, though not in the least concerned in the affair. I am sorry 1 can give so short accounts of the sufferings of John Corsan of Balman- gan, in the parish of Borg in Galloway, last year and this. That gentleman was impri¬ soned for refusing the bond of regularity, and continued close prisoner nine months. He was fined in 6000 merks, and paid it every farthing, as a discharge, in his grand¬ son’s hands at present, bears. His lady was imprisoned by colonel Douglas, and, for refusing the abjuration, received an in¬ dictment ; and it was given out, they design¬ ed to sentence her to be drowned within the sea mark, at the ferry of Kirkcudbright; but king Charles’ death put a stop to this and some other processes of this kind. In the kirk of Borg Claverhouse held a court this year, to which all the parish were summoned, and ordered to bring with them all the arms they had. All who came were forced to swear these were all they had, and they were taken from them, and carried to Dumfries, where, as was then said, they were given to the earl of Niths- dale and other papists. I doubt not but all the protestants of that country were disarmed, though 1 have not accounts from other parishes. Another instance of the soldiers murder¬ ing in the fields, I have before me, attested by several persons yet alive. This summer, about the month of July, Lewis Lauder, a subaltern officer in the garrison of Sorn, was riding up and down upon some search or other; and at the Woodhead of Tarbol- ton, in the shire of Ayr, he meets William Shirinlaw in Stairhead, aged eighteen years or under, and consequently could not be either at Pentland or Bothwell, he was not in the Porteous roll, he was indeed of the number of those who were given up to the eoldiers by the curate, for mere nonconfor¬ mity. Lauder seeing him at some distance cross the road, he being about his business, ordered off one of the dragoons, John Guthrie flesher in Ayr, to apprehend him. When he was brought up to the party, after a few of the ordinary questions asked, Lauder ordered him to be shot, which wras done on the spot. The party went straight to the Stairhead, where the said William had been servant, and seized Paul Lamont and Matthew Bell in Stairhead, with Boswell in Stair, against whom they had nothing I can learn but their nonconfor¬ mity, and keeping the said William as their servant. Those three were carried out to the fields near by, after their examination upon the ordinary questions, and Lauder ordered them to sit down on the ground upon their knees and cover their faces, in order to be shot presently : but by the good hand of providence he was restrained, his men positively refusing to obey his orders, telling him, one in a day was suffi¬ cient. Thus we see, before the council’s inhumane orders for shooting in the fields, the soldiers had made experiments cf this more than once. And we shall next year have a vast many instances of this black work. Such a procedure obliged the hid¬ ing persons to have arms with them, go where they would; and such fearful bar¬ barities drew forth the society’s Apologe- tical Vindication. At this time, the death of John Alison chamberlain in Nithsdale to Queensberry, made a great noise ; he had been an apos¬ tate from a profession he had taken up before the restoration, and turned a bitter persecutor. His torment in body made him roar, but he had heavier torture in his spirit for his bygone ways. He died in the greatest agony and terror ; yet the living laid it not to heart, but the persecution went on in its full vigour. In July or August this year, the rescue of the prisoners at Enterkin-path fell out, and I promised in this place to give some account of it, which I now come to do, from some papers writ about this time. It brought much trouble to Nithsdale, as we have heard, and three good men were executed upon this score most unjustly. Out of the multitudes who were this year cast in prison in Dumfries, many par- CHAP. VlII-] OF THE CHURCH OF SCOTLAND. 173 cels were sent in to Edinburgh as the man¬ agers saw good, where they were banished, transported, or executed, if they were not prevailed upon to make some compliances to save their lives,, About this time, nine prisoners were ordered in to Edinburgh, under a guard of twenty-eight soldiers ; the writer of this account now before me, was one of the prisoners, and Lochear, a gentle¬ man of a small estate in Glencairn parish, was another, a further account of whom will come in presently. Some of their friends who were upon their hiding in the country about, getting notice of this, resolved to do what they could to rescue them, and chose the narrow path of Enterkin, in the road from Dumfries to Edinburgh, as the most convenient place for their purpose, There they posted themselves in the best manner they could ; and when the prisoners came up, two and two tied together upon horses, they demanded them ; they were answered with a volley of shot, which they returned, and scattered the guard, and unloosed seven of the prisoners, and took them with them. One of the soldiers was killed, and several of them wounded. The soldiers carried off one of the prisoners, and Lochear was rescued after he had been miserably treated, as we shall hear. This prisoner uas John M'Kechnie, a singularly pious man in Gallow'ay : the soldiers, according to their orders, shot at him, missed his body, but shot him through the arm, which, through want of care about him at Edin¬ burgh, putrihed and gangrened, and he died of this after thirteen weeks’ patient endur¬ ing great trouble. The soldiers with their prisoner carried in the accounts of this scuffi.e to Edinburgh. Orders came from thence to all above fifteen years of age, in Nithsdale, to arm and meet the gentlemen and soldiers in their appointed places, that they might search the w hole shire for res¬ cuers of the prisoners, and warning wras given next sabbath in the churches. Ac¬ cordingly every parish met, having some soldiers with them, searched mosses, muirs, and mountains, Mroods, and eveiy corner of the shire, but 1 do not find they catched any prisoners that day of the general search. When this failed them, next Lord’s day intimation is made from pulpits in ten or twelve parish-churches nearest En- ^ terkin, that all persons above fifteen years should meet at new Dalgerno next, and declare upon oath what should be in¬ quired at them. Multitudes came, and wrere interrogate as to reset or converse, if they knew any guilty of it, if they knew who rescued the prisoners, or which way they went, or where they are now. It was but a few they could examine that day, and so the soldiers divided into the several parishes, and appointed several dis¬ tricts up and down the country, and with them Mr James Alexander sheriff-depute. The laird of Stonehouse, and other heritors in the different parishes, accomplished yet a more diligent search. The sheriff-officers went from house to house, and they were appointed to return written executions of their summons, that there might be none omitted by paction, bribes, or the like, and the episcopal ministers in each parish were obliged to give in their rolls upon oath. At those courts the forementioned queries w'ere proposed, and the strictest inquiry possible wras made, who kept not the church, who heard, married, or baptized with outed min¬ isters, and the like ; as to which many had been interrogate, I know not how oft, formerly. The absents had soldiers sent upon them, and multitudes were imprisoned, or found caution to answer. This work continued about six weeks, and then the circuit met, of w hich already. The reader will easily guess what a vast trouble this inquisition brought upon that country. I promised to give some hint at the cruelty exercised upon the forenamed laird of Lochear, at this time. This gentleman had been atPentland, and wras apprehended upon that score, and imprisoned half a year. He came out upon the bond of peace, which afterward proved a matter of disquiet to this good man. He was at Bothwell, and from that time to this he was much upon his hiding. The laird of Stonehouse had got his estate upon his forfeiture, and some time before this he had been apprehended by a soldier, and carried in to Dumfries, and was in great straits for his very subsistence in prison. He was among the prisoners res¬ cued at Enterkin, and after he was loosed, being in confusion, and not retiring where 174 THE HISTORY OF THE SUFFERINGS [BOOK III. he should, fell in among the soldiers, who were barbarous to him. He re¬ ceived a shot with small lead in the face, at some distance, which deprived him of his sight, and after that they wounded him cruelly in the head and body, left him for dead. But the rescuers coming up, the sol¬ diers retired, and he was sent to a country house near by, and his friends advertised, who came and took care of him as privately as might be. In a little time, Stoneliouse, who possessed his estate, getting notice he was in the neighbourhood, came and held a court. The gentleman’s brother, among others, was obliged to compear, and being in¬ terrogate upon oath, if he knew where Loch- ear was, confessed he had him in his house, and told them, he was just a dying in every body’s account. Straightway a party of sol¬ diers was sent, and the blind, wounded, and in probability dying gentleman, was brought to the court; and his brother, and all they could learn had showed the least act of hu¬ manity to him, were made prisoners. When Lochear was in the court, he was asked, how he liked his present circumstances, by the test which he once had in his offer, and would have saved him. He answered, the test was more terrible to him than all he had met with, or all they could do. Stone- house said, he would not quit his old ill- natured tlirawn principles for all that is come on him, and ordered him to be carried straight prisoner to Dumfries ; thence he M as carried iuto Edinburgh where he lay long extremely weak. However his patience outwearied them, and at length he was dis¬ missed without any sinful conditions. While the country about Enterkin was thus harassed, the laird of Lagg and others were not idle in Galloway. In harvest he held a court at Carsphairn church. Upon the sabbath-day he came from Sanquhar w ith a party of soldiers, and in the road, at the Holm of Dalwhairn, he seized a young man, George Lorimer, and would have him drink the king’s health. He refusing was made prisoner, and sent to Dumfries, where in some time be broke prison and escaped, and for any thing I know, is alive still. Upon Monday he called all the parishioners one by one, and upon oath made them de¬ clare what they knew about any persons hiding or wandering in that neighbourhood, what they were, where they were, and who harboured or conversed with them, and lastly, about their own keeping the church. Mr Peter Peirson curate of the parish sat with him in the court, and informed him of the characters of such who were present, and of all the absents, and upon this infor¬ mation parties were sent through the parish, who spoiled their houses, and brought in many old and infirm people, women w ith child, and the sick, who had not compeared before Lagg, and they were treated rudely enough. The parishes in the south now had their hardships very frequent, and one upon the heels of another ; and so a little after En- terkin-path, lieutenant Livingstone came from Nithsdale to Carsphairn with a troop of dragoons, and swore all the people about the head of the wrater of Ken, as above. Claverhouse came after him with five or six troops, and went through all the hills thereabout, searching for persons on their hiding, and made as many as he pleased answer his interrogatories upon oath. Wonderful were the preservations of the persecuted about this time. The soldiers frequently got their clothes and cloaks, and yet missed themselves. They would have gone by the mouths of the caves and dens in which they were lurking, and the dogs would snook and smell about the stones under which they were hid, and yet they remained undiscovered. This was the case of Gavin Maclymout at Cairns-hill-muir, and others. One instance of cruelty to an old woman of seventy three years in Carsphairn, de¬ serves its room here. Her son had been cited to some court 1GS0, for hearing Mr Cameron, and upon his noncompearance he is intercomuned, and her house at that time spoiled when they missed him. This year the soldiers came again, aud not finding the son, they carried his mother prisoner to Dumfries. There they offered her the test, which, through advice of friends, she w as almost brought over to comply with; but when they saw her like to yield, they would further have her to swear she w ould never speak to, or harbour her son. This she would by no means comply with. CHAP. VI 11.] OF THE CHURCH OF SCOTLAND. 17 5 Thereupon next market-day the poor old woman was scourged through the town of Dumfries. This she bore most patiently, and after all, before she was liberate, she behoved to pay two hundred merks. Many were the severities now exercised in Galloway. Macdowal of Gillespie in the parish of Luce was dead some time ago, and his lady Janet Ross, liferentrix of the estate, had corporal Murray, with thirteen dragoons and their horses, sent to quarter upon her at the instigation of the curate, and for mere nonconformity. They stayed five or six weeks, and in the harvest time almost destroyed the whole crop. They shot the sheep in the fields, and at length forced her from her estate, and she retired to Ireland about twenty months. Ail her tenants almost were obliged to appear first at Ayr, which is near fifty miles distant, and then cited into Edinburgh, which is about ninety miles, only to be witnesses against the lady for her nonconformity. Charles Stuart now in Knock, in the same parish, was apprehended by Claver- house in the throng of harvest, and was cast into Stranraer prison, and got not out till he paid three hundred merks for bap¬ tizing his child with Mr Samuel Arnot. He was summoned likewise to Edinburgh as a witness against Sir James Dalrymple of Stair, and his lady for her nonconformity, and obliged to wait on seventy two days at Edinburgh upon his own charges. He had likewise a journey to make to Dumfries and to Ayr, though lie had nothing to wit¬ ness against those excellent persons. Great was the trouble multitudes were put to at this time, by their being cited witnesses hither and thither. The persecution for bare nonconformity was very violent every where, through the whole of this year. In many places they had rid themselves of the most part con¬ cerned in the rising; and they had not many of the elder sort to exercise their se¬ verity upon, but noncompearers at their courts, and nonconformists to the curates. Indeed every day almost was casting up some new snare or other, from which an handle was taken to increase the persecu¬ tion. I only give one instance. In Sep¬ tember major Balfour seized Colin Allison a weaver in Glasgow. That same day upon the street Balfour had challenged his son, o * 1 roi but he escaped out of his hands, and 1 the major went straight to his father, though he had nothing to charge him with, and took him out of his house, and put him in pi’ison ; there he lay till the year 1688, and all for simple nonconformity. I only add another instance of the barbarity of the soldiers, in November this year, upon Robert Watson in Balmore, in the parish of Badernock, five miles north of Glasgow. This good man had been paralytic for six or seven years, so that he stirred not off his bed, neither could he receive meat or drink without help. Upon information from the curate, Mr Stirling, this man was seized as a disaffected person. That same day Mr James Gilchrist, chaplain to the laird of Glorat, afterwards an useful minister at Kirkmichael, was brought in prisoner. About eight o’clock at night, the party came into Robert Watson’s house, and took one of his horses and yoked in a sledge, and carried Robert and his couch he lay on, with his head and feet lying over the sledge, and in that posture under heavy rain they carried him into Glasgow that night. When he was ex¬ amined at Glasgow, considering his circum¬ stances he was soon dismissed, and the soldiers cursed the curate for putting them to this trouble. I shall shut up this general account of the persecution this year, with the sufferings of William Hannah and his son, in the parish of Tunnergarth in Annandale, of which a narrative lies before me, attested by persons who knew them, and indeed they are very remarkable. William Hannah was taken October this year. Since the establishment of episcopacy this good man was a strict nonconformist, and would never hear the established ministers. In the year 1667, he was im¬ prisoned for hearing a presbyterian minister, and fined in an hundred pounds. He was a near neighbour to the curate of the parish, who in the year 1678, turned very severe upon him for his nonconformity, having nothing else to charge him with. William was cited frequently to appear before the session, and refusing to appear, the curate was "oinsr on to excommunication, and came the length of the first prayer, but saw fit to 176 THE HISTORY OF THE SUFFERINGS [BOOK III. ^ stop there. A child of William’s died, and the curate would not suffer it to be buried in the church-yard, and set a watch upon William’s burial-place. How¬ ever, January 1st, 1679, some came to make the child’s grave. The curate being informed, came out himself in great fury, and took away the spades and shovels, and told them, if they buried the child by night or day, he would cause trail it out again, since he knew not if it was baptized; so the man was forced to bury elsewhere. Mr John Welwood came into that parish where his father had been minister, and preached several sabbaths. The curate procured a court to be held, at which many gave bond to carry regularly, and not to go to conventicles. This William refused, and was brought to no small trouble. In the beginning of the year 1679, he was forced to go upon his hiding. In November 1681, for not paying 13 shillings Scots of cess, he had an horse worth four pounds sterling taken from him. In the year 1682, when the courts turned throng and severe, he and his sons were forced to wander, and endured great hardships for some time. By the circuit 1 683, he was denounced and declared fugitive; and about that time, the curate hearing that a gentleman in the parish who did not hear him, and William, were both at home, sent to Dumfries for a party who catched the gentleman, and William very narrowly escaped. This year 1684, being weary with his tossings, William went over the border to England, hoping to breathe a little there; but ere long colonel Dacres seized him, and sent him under a guard; and October 26th, Sprinkel with his troop received him, and some more prisoners, at the border, whence they were brought to Annan, and next day to Lockerbridge, when Queens- berry ordered him to be carried to Dum¬ fries, where he lay in irons, till the prison¬ ers, as we heard, were carried into Edin¬ burgh and Leith. From Leith he was Drought up to the Canongate tolbooth, and cast into a dark pit, where he had neither air, nor the least glimpse of light for some days. Here, and no wonder, he fell very sickly, and begged the favour to be let out to the guard-hall, that he might have the free air; which was refused. The soldier who brought him in his small pittance of meat or drink, when he opened the pit door to let him in, said, “ Seek mercy from Heaven for we have none to give you,” adding other blasphemous expres¬ sions which I shall not repeat. Here he lay nine days without any thing charged upon him but nonconformity, at length he was brought up to the Canongate tolbooth, where he lay till he was sent to Dunotter, as we shall hear. His son’s sufferings deserve our remark, and I know not where they come in better than here. William Hannah not yet six¬ teen years of age, because he kept not the church, was in the year 1 682, forced to flee to England, where he abode some time. In September that year lie returned home, and fell sick of a very sore ague. When he was under it, and so weak as he could scarce stand, the soldiers fell upon him in their searches, and carried him with them on foot three or four days in their rangings up and down. Coming to the grave of one who had been shot, and buried in the fields, they set him on the grave, and covering his face, bloodily threatened him, if he would not promise regularity, and other things then pressed, they would shoot him straight. The boy told them, God had sent him to the world and had appointed his time to go out of it, only he was determined to swear nothing he reckoned sinful ; he was now in their power, and they might do as they would. When the soldiers perceived his composure and staidness, they took him to the laird of Wester-raw, who sent him pri¬ soner to Dumfries. Thence next year he was taken to Edinburgh, and after many examinations he was put in the thumbkins, and after that committed to the irons, which were so strait, that his flesh swelled out above them. In the iron-house he was robbed of all his money sent him by his friends ; and at one time eleven dollars were taken from him. After a year and a half’s imprisonment, he was banished and sold in Barbadoes. I am informed this worthy person returned after the revolu¬ tion, and is at present the reverend minis¬ ter at Scarborough. His mother endured great fatigue and hardships when waiting on his father and him. There were some persons put to deatl CHAP. VIII.] OF THE CHURCH OF SCOTLAND. 17? towards the close of this year, of whom I have not. distinct accounts, else I would have given them upon the third section, above. However, any hints I have of them I give here. William Keagow w as executed upon the same points with the others above- named, in December. It is observed, that at some of their executions, one of these, or the forementioned, happened to sing Psalm cxix. 84, &c. which so enraged the soldiers, that they made a great disturbance, chased oft' the spectators, and would not suffer their dead bodies to be dressed. Arthur Bruce in Dalserf parish was executed some time this year. George Shiels, Thomas Scot in Bounchester, John Falla in Kelso, and Thomas Turnbull in Ancrum parish, were sent in prisoners this year to Edin¬ burgh, at several times, for mere nonconfor¬ mity, and, by the severities and bad treat¬ ment in prison, died there. Let me add, that December 18th, Claver- house when ranging up and dow n Galloway, w'ith a troop, came to the water of Dee ; and at Auchincloy, came upon some of the people who were lurking and hiding, unex¬ pectedly, and surprised six of them toge¬ ther ; for what I can find, they had no arms. According to the instructions lately given by the council, he shot four of them upon the spot in a very few minutes, Robert Fergusson and James Macmichan from Nithsdale, and Robert Stuart and John Grier, Galloway men : afterwards their friends carried off their bodies to Dairy, and buried them. Some accounts before me say, that by orders from Claverhousc, a party came and uncovered their graves and coffins, and they continued so open four days till the party went off. And it appears certain, that James Macmichan’s body, after it was buried, was taken up, and hung up upon a tree. This wras strange barbarity and spite. The other two, Robert Smith in Glen cairn parish, and Robert Hunter, Claverhouse carried with him to Kirkcud¬ bright, and called an assize, and made a form of judging them, and caused execute them there. They would not permit these two to w rite any thing, not so much as let¬ ters to their relations. There were two more in the company who escaped, and hap¬ py it was for them it wras so ; for probably IV they would have gone the same wray. The soldiers pursuing them had no- * ^ " tice of an house they had gone into, where they had not sitten down, but gone away im¬ mediately, and came to it, took all the persons in it prisoners, and immediately burned it down to the ground. It may be, the rescue of some prisoners at Kirkcudbright, by some of the wanderers, a little before this, was the pretext for all this cruelty. I come now to glean up a few remarka- bles from the registers, that may afford some light to the history of this year, though they have not so direct a reference to the sufferings. January 1st, I find an order from the se¬ cret committee to captain Patrick Graham and Sir William Paterson, to go and seal the lord Maitland’s papers in the late Lau¬ derdale’s lodgings. It seems, a little before this, that once great man, the duke of Lau¬ derdale died ; and notwithstanding his bright parts, and long favour with his mas¬ ter, at length he fell into the utmost neglect and contempt; and now, it seems, the present managers resolved to canvass his papers. April 11th, upon application from the bishop of Edinburgh, the council pass the following act about a fast. “Forasmuch as the lord bishop of Edinburgh, having re¬ presented to the council, that at the late meeting of the diocesan synod of Edinburgh, it was proposed that there might be two reli¬ gious fasts kept yearly through the bounds of that diocese, to implore the mercy of Almighty God, for a comfortable spring and harvest, and the synod had recommended it to him to acquaint the council therewith ; and he having desired their authority for ap¬ proving of the same, they do willingly agree to the said Christian proposal, and interpose their allowance and authority thereunto ; and leave it to toe lord bishop, to name the days whereupon the said fast is to be kept in the said diocese.” Whether this method of a double fast in the spring, and before harvest, was kept up, I do not know ; I wish never a worse proposal had past through the bishop’s hands.* I only notice, * If ever there was in the world any such tiling as fasting “ to smite with the fist of wick¬ edness,” this of the bishops at this time was z 178 THE HISTORY OF THE SUFFERINGS [BOOK III. April 17th, a national fast is appoint¬ ed by the council ; for a great drought, it seems, fell out that spring. The curious reader may perhaps be con¬ tent to know, that upon the foresaid diet, the council recommend George Scot of Pitlochie, son to Sir John Scot of Scotstar- bet, to his majesty, for a gratification for some abstracts of the public registers made by his father. April 22d, I find a proclamation with re¬ lation to discipline and kirk-sessions, which I do not find ordered to be printed, for what reasons I shall not say ; but one would think, that there was ground to have print¬ ed it, since it concerns so many. However, 1 shall insert it here. “ Charles R. Forasmuch as, by the su¬ premacy inherent in our imperial crown, as one of the prerogatives thereunto belong¬ ing, it solely resides in us to emit such acts and constitutions, and orders concerning.tlie administration of the external government of the church, and the persons to be em¬ ployed therein, as we, in our royal wisdom, shall think fit, as is more fully specified in the first act of our second parliament ; and therefore, we and our predecessors having always been careful, that the discipline of the church, by kirk-sessions and otherwise, he observed : for the preservation where¬ of, it being necessary, that persons of good reputation, and known loyalty, should assist the ministers in the exercise of ecclesiastical discipline. We therefore, with advice of our privy council, do hereby empower the ministers of the respective parishes, within this our ancient kingdom, to give in lists to the bishops their ordinaries, of such as are fit to serve as elders in the said parishes ; and being approven by them, we liei’eby or¬ dain and command the persons so named and authorized to serve as elders, except they can offer such sufficient reasons to be allowed, as may excuse them from serving in the said employment : with certification to th e persons who shall refuse, not being lawfully excused, as said is, that upon pro- certainly such, and instead of giving us a favour¬ able gives us the most disgusting idea of his character — Ed. duction of the said nomination, and instru¬ ments taken upon refusal, letters of horning shall be directed under the signet of our privy council, charging them to accept and officiate, within fifteen days, under the pain of rebellion. Our will is, &c.” This proclamation was undoubtedly de¬ signed to force country people and heritors to join in with the episcopal ministers, in the exercise of discipline. Indeed in many places, the curates were hated for their share in the severities of this period, by many otherwise not very nice in their principles: and others could not join with them from consciousness of their unscriptural way of entering parishes, when meanwhile the ne¬ cessity of the times brought them now and then to hear them ; yet they were peremp¬ tory in refusing to join with them in eccle¬ siastical society. And so this violence and force is used to bring them into church-offices, directly contrary to the scripture-directory, that none shall enter by constraint, but willingly. This was another handle of persecuting not a few. The ministers in particular parishes used to procure blank commissions from their bishops, and they insert whom they pleased in it; and if gen¬ tlemen or others refused, then letters of horning were got out against them. One of these original blank commissions is come to my hands, dated next year, and the cu¬ rious reader will he pleased to find it here. Original warrant by the bishop of Edin¬ burgh, to the minister of Ormiston, to choose elders. “ Forasmuch as I John, by the mercy oi God, bishop of Edinburgh, am informed by Mr John Cockburn minister at Ormiston, that the persons afternamed, viz. [they are blank in the original] all parishioners within the parish of Ormiston, are persons apt and fit to be elders in the said parish of Ormis- ton, and to assist him in the church-disci¬ pline ; and he the said Mr John Cockburn having chosen them as persons fit and qua¬ lified for the said employment : Therefore I have approven, and by those presents, ap¬ prove of his said choice of the foresaid persons, to be elders and assistants to him in church-discipline, within the said par- CHAP. VIII.l OF THE CHURCH OF SCOTLAND. 179 ish : and hereby require them, and every one of them, to accept and embrace the said employment, conform to the act of council made tliereanent. In witness whereof, these presents, Avritten by Alex¬ ander Cumming my servant, are subscribed with my hand, at Edinburgh, the twentieth day of May, one thousand six hundred and eighty five years. “ Jo. Edinburgen.” Upon the groundless stories raised by the duke of York, anent a designed insurrec¬ tion in Scotland, which rvas not projected till the accession of a papist to the throne, to prevent the earl of Argyle’s attempt that way, Avhich indeed was not yet concerted, the lieutenancy of Argylesliire and Tarbet is changed, neAV lieutenants established, and the heads of the clans in Argyle and Tar¬ bet are ordered to attend the lieutenants at their call, with quotas of men and provi¬ sion for thirty days, Avith other things, Avhich the reader hath in the proclamation, for the peace of the Highlands, dated May 5th. See at the foot of the page.* The design * Proclamation for lieutenants in Tarbet and the Highlands, May 5th, 1684. Charles, by the grace of God, king of great Britain, France, and Ireland, defender of the faith : To our lovits macers of our privy council, messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting Foras¬ much as we understanding that Archibald, late earl of Argyle, hath not only consulted and con¬ curred Avith the English conspirators, in their late treasonable plot against our person, our dearest and only brother, and our royal govern¬ ment, but hath been eminently active therein, encouraging his complices, by undertaking to raise a considerable force in this our ancient king¬ dom, for beginning and carrying on of that vil- lanous conspiracy ; and we being obliged, by the law of God and man, to endeavour, by all just means, to disappoint those hellish machinations, and to prevent the ruin of our good people, which necessarily would ensue, if the malicious designs of the said late earl of Argyle, and others his ac¬ complices, should take any effect ; and Ave hav¬ ing, in order thereto, established lieutenants in the shires of Argyle and Tarbet, for preventing and suppressing the projects and seditions in¬ tended by the said late earl’s descending in these places, and his convocating others Avho are ill principled, and disaffected to our government ; and it being fit that the said lieutenants should be assisted by our other good subjects, in case of any such traitorous attempts. W e therefore, by A’irtue of our royal authority, and with advice of the lords of our privy council, do hereby coin- of all this Avas not only to weaken the interest of the family of Argyle, which was very great' in those shires, and of all who were friendly to them, but to mand and require, that the persons afternamed have in readiness, with' all convenient diligence, the respective proportions, and number of meu after mentioned, tvell provided in feir of weir, well armed, and with thirty days’ provision, for concurring with, and assisting our said lieuten¬ ants, in maintaining our royal authority, and executing of our laws, and preserving the peace of this our realm, as they shall be required by our said lieutenants, on any necessary occasion, viz. the earl of Monteith two hundred men, and the laird Luss one hundred men, for assisting the lieutenant of Cowal, when they shall be re¬ quired ; the marquis of Atbole three hundred men, and the earl of Braidalbin three hundred men, to assist the lieutenant of Inverary; the sheriff of Bute two hundred men, the laird of M‘Lean two hundred men, M‘Leod of Harris two hundred men, and for Hay two hundred men, for assisting the lieutenant of Sadel or Kintyre; the marquis of Huntley, and earl of Perth three hundred men, the laird of M‘Intosh tAvo hundred men, the laird of M'Kinnon one hundred men, and the laird of Appin one hundred men, for assisting the lieutenant of Craigness ; the marquis of Huntley and earl of Perth three hundred men, the laird of Loehyell two hundred men, the captain of Clanronald two hundred men, and the laird of Glengarry one hundred men, for as¬ sisting the lieutenant of Dunstaffnage ; the earl of Marr three hundred men, the laird of Weem one hundred men, the earl of Seafortli three hundred men, and sir Donald McDonald of Slait ttvo hundred men, for assisting the lieu¬ tenant of Tarbet. And all the persons above- named are hereby required to have their foresaid number in readiness, and to certiorate our chan¬ cellor thereof, with all convenient diligence, and to have their said numbers fitted and prepared to march with all diligence to the said respective lieutenants, as they shall require the same. And to the effect the ill affected people may be the more terrified from attempting any thing to the prejudice of us, or of our good subjects, Ave here¬ by command and require all our iiege-men, be¬ twixt sixty and sixteen, Avithin the respective shires aftermen tioned, Avell provided in feir of weir, to march on six days’ warning, Avith thirty days’ provision, to the assistance of the several lieutenants, when they shall require the same, and there to act and do as they shall be command¬ ed by the said lieutenants, or others having command from us, viz. all Avithin the shires of Dumbarton and Stirling, and stewartry of Mon¬ teith, for to answer the lieutenantof Cowal ; all Avithin the shire of Perth, to answer the lieuten¬ ant of Inverary ; all within the shires of Forfar and Kincardine, and stewartry of Strathern, to answer the lieutenant of Craigness; all Avith in the shires of Aberdeen and Bamff, above Kin¬ cardine of Neil, Kildrummyand Keith, to answer the lieutenant of Tarbet; all Avithin the shire of Bute, isles of Mull and Ilay, to answer the lieu¬ tenant of Sadel or Kintyre ; and all within the shires of Inverness, Elgin, Nairn and Ross, to 180 THE HISTORY OF THE SUFFERINGS [BOOK. III. strengthen and increase the duke of 1 f)84 ° York’s party in the nation, by en¬ couraging1 the highland clans, many'of whom were papists, and all of them hereditary right men, and friends to arbitrary and op¬ pressive measures, as they have abundantly proven more than once. It was thought very expedient to have a good body of these clans still in readiness in all events, for se¬ curing the popish succession, and defending the courses now taken, if need were. July 25th, I find, the council make Sir Archibald Kennedy of Colzean, captain of the militia troop of the shire of Ayr, in room of Sir John Kennedy of Girvan-mains, lately deceased, who wanted not his share in the persecution, next year. September lGth, the council order a new election of the magistrates of Ayr, and send a nomination of provost, bailies, and town- council. 1 find by the registers, this month and the following, that the council engros- setli the power of nominating the magis¬ trates and council of most part of the royal burghs ; and even in Edinburgh itself, they order a committee of their number to be present, and oversee the election of ma¬ gistrates at this term. November 6th, a patent is read and re¬ corded, to John Drummond of Lundin, late treasurer-depute, to be secretary of state in conjunction with the earl of Murray, lie is sometimes, in papers, termed secre¬ tary before this : how it comes to be so I cannot tell. The council, November 26th, pass a pret¬ ty remarkable act anent the choice of members of parliament, which deserves a room here. Act anent election to parliament. “Forasmuch as there are severals of the answer the lieutenant of Dunstaffnage. And all our lieges are hereby required to give obedi¬ ence to the said lieutenants, to act, assist, and concur with them in manner foresaid, under the pain of tinsel of life, lands, and goods; and there¬ by, and attour, all the fencible men within ilk respective division, are hereby required to give obedience to the said lieutenants, in manner, and to the effect above- written, under the foresaid pains. And to the effect our special pleasure in the premises may be made known, that all per¬ sons concerned may give exact and punctual obedience thereunto, our will is, and we charge you strictly, and command, that incontinent, these our letters seen, ye pass to the market-cross of Edinburgh, and remanent market-crosses of members who have served in the late session of this current parliament, who, it may be reasonably presumed, will not serve in the ensuing meeting thereof, to be held at Ed¬ inburgh upon the tenth of March next to come, upon the terms of the act of the said last session thereof. Therefore, the lords of his majesty’s privy council, do hereby require the sheriffs of the. respective shires, at the next meeting of the freehold¬ ers appointed by his majesty’s late procla¬ mation, where such members are, in face of the said meeting, to inquire at them if they will serve in the terms mentioned in the same act. And if they shall refuse, do hereby authorise the said sheriff, and meet¬ ings respective, to proceed to the election of such fit members as will serve at the said next session of the current parliament. And in regard there are some members who served in the last session of the cur¬ rent parliament, who are under citation for treason; the said lords do require the said sheriffs, as soon as the diets to which they are cited are elapsed, and they declared fu¬ gitives, to call and convene the said free¬ holders, and proceed to the electing of other members, to serve in their room. And which power is hereby given and granted likewise to the several burghs royal, in the circumstances foresaid, that the said ensuing meeting of parliament may be full and fre¬ quent.” The act of the last parliament spoken of here, I take to be the test, and where there was any who had not, or would not comply with it, they were to be turned out ; and agreeably to the arbitrary measures at this time used, we see the council, as they take upon them the power of modelling of .cor- the head burghs of the shires of this kingdom, and there, by open proclamation, make publica¬ tion of the premises, that none may pretend ignorance. As also, we ordain these presents to be affixed on the several parish-kirk doors within the highlands, and the several sheriffs of the shires foresaid, to see the same done accord¬ ingly, as they will be answerable. Given under our signet, at Edinburgh, the fifth day of May, one thousand six hundred and eighty four, and of our reign the thirty sixth year. Per actum dominorum secreti concilii. Will. Patjerson, Cl. Seer. Concilii. God save the King. CHAT. VIII.] OF THE CHURCH OF SCOTLAND. ISi porations and burghs, so they assume a material power of modelling the supreme court of parliament, in its elective members. No more is needful, but the trumping up a summons for treason : converse with any who had been at Pentland or Bothwell, was ground sufficient for that ; and then the sheriff is empowered to make a new elec¬ tion. Thus the parliament was purged of some of the best of the members of it, and by the time they sat, which was length¬ ened out by king Charles’ death, it M as pretty wrell disposed for serving a popish king, and advancing the ruin of the refor¬ mation. * To secure all the better, December 3d, the council give orders to the advocate, “ to raise a process of forfeiture before the par¬ liament, by a summons in Latin, after the old way, under the quarter seal, upon a charge of sixty days, against Denholm of Westshiels, Stuart of Cultness, Sir John Cochran of Ochiltree, Janies Stuart son to Sir James Stuart of Goodtrees, the lord Melville, the laird of Polwart, George Prin¬ gle of Tonvoodlie, Andrew Fletcher of Sal- ton, Hume of Bassenden, the heirs of Mr Martin late clerk to the justice- court, the heirs to the late earl of Loudon, Thomas Hay of Park, Sir James Dalrymple of Stair, Walter Lockhart of Kirkton, Montgomery of Lanshaw, John Weir of New ton, Mr Gilbert Elliot writer in Edin¬ burgh, Campbell of Ardkinglass, Cesnock elder and younger, and Jervis- wood.” We shall meet with them next year. At the same diet, John Llenderson, suspect to be one of the murderers of the archbishop, appears, and is assoilied, having- given a good account of himself, and having taken the test. December lltli, the duke of Gordon’s patent for being chancellor, is read and re¬ corded ; if he wras not now a declared pa¬ pist, he was shortly so ; and now that set is getting in very fast. December 17th, the council, “considering how necessary and proper it is, that Mr Thomas Hay dean of Murray, be justice of the peace within the shire of Murray, and particularly in his own parish, do therefore nominate and appoint him to be a justice of the peace there, with full powers, and that the justices of peace at their first meeting receive him.” I need scarce add, that in December this year, at Glasgow and some other places, multitudes of people imagined they saw bonnets, black, blue, and of several colours, falling down from the air upon them. Generally, by sensible persons, this was looked upon as deceptio visus, and the pow¬ er of imagination. It was odd, however, that next year when the militia came to the west against Argyle, they had just the same bonnets ; and at the cross, green, and other places, w here the bonnets were alleged to be seen, the militia swarmed most. This w inter many gentlemen and others at Edinburgh, were challenged by the man¬ agers, for giving charity to outed presbyte- rian ministers, and contributing to the education of their children. But I have said enough upon this year and come for¬ ward to the next. CHAP. IX. OF THE STATE AND SUFFERINGS OF PRESBY¬ TERIANS, DURING THE YEAR 1685. Persecution is so ill a thing, that no body almost owns it, though mul- ° ' titudes in all ages have been guilty, especi¬ ally such fearful acts of wickedness as wre have met ivith upon the former years, and shall again find this year ; and readily the parties most concerned will wipe their mouths and say they are clean. But the remembrance of matters of fact this year is so fresh in the thoughts of many yet alive, that there can be no denial of them, with¬ out the greatest impudence and effrontery. Particular instances of barbarities of all kinds do now grow upon my hand, and it is truly a satisfaction to me, that I can tell the reader I am now drawing towards a close of those melancholy things, which no doubt will grate the ears, and weight the spirits of such to whom they come, and ivere I once through this black year, the folloiving three to the' revolution will take but little time. This year affords abundance of matter. I have left to this chapter the narrative of the severe persecutions, every where almost 182 THE HISTORY OF THE SUFFERINGS [BOOK III. upon the society’s declaration, and the refusal of the abjuration oath. New murders in the open fields turn so frequent, that 1 shall scarce be able to give account of them all. Multitudes were cut off every month, without the tedious formality of a process, besides a good number of public executions at Edinburgh and other places, and the barbarous drowning of poor innocent women within the sea mark. In February the death of king Charles falls in, a popish prince mounts the throne, to the terror of all good protestants, and the joy of all pa¬ pists ; and after he had given some smooth words to lull all asleep, he quickly castoff the mask, and some branches of the persecution of presbyterians run very high. A new ses¬ sion of parliament meets in April under this popish sovereign, and since little was left undone by the former sessions, that could be done against presbyterians, the iniquitous procedure and acts of the council are all ratified, and some new advances made. In the following month, the attempt of the noble earl of Argyle falls in, which was soon quite broken, and issued in his death, and that of some excellent persons with him, and we need not doubt was carefully improven by our managers, for a new and general harassing of the country. The sum¬ mer affords us some more murders in the open fields, and upon scaffolds, and the in¬ humane treatment of some hundreds of pri¬ soners at Dunotter in harvest, and toward the end of it ; we have, besides some more public executions, the transportation of a great many to America, with Pitlocliy, be¬ side some other incidental things. These will afford matter for a good many sections. SECT. i. Of the Persecution this year upon the score of the Society's Declaration. Having in the last section, save one, of the former chapter, given a large account of the society’s declaration, emitted by them Oc¬ tober 28th, last year, I begin my accounts this year with the severities of the soldiers, in different places of the country, in press¬ ing the abjuration of it, which we heard was appointed by the council. It is but a few hints in several parishes up and down which I can point at, as a specimen of the methods now used. Other instances will come in ere I end this chapter. In Nithsdale James Corsbie was seized, and, upon his refusal of the abjuration, his ears were cropt, and he was sent to Jamaica, and sold as a slave. Whence the perse¬ cutors borrowed this practice of cutting off the ears of such as fell among their hands, which, as wre shall hear, turned pretty ordinary, I know not. Toward the be¬ ginning of this year, I find captain Strachan harassing many in the parish of Darly in Galloway. He commanded sometime in the garrison kept in the house of Earlston, and held courts round about him in that neighbourhood, and pressed the abjuration with a great deal of cunning and' cruelty upon all, and many families were obliged to dislodge and wander upon their refusal. At the same time courts were held by the laird of Lagg, and such as he deputed in other parts of Gallow ay, where the foresaid oath was most violently pressed in every parish, and the women, as well as men, and the younger as well as those more advanced, w ere forced to take it. Through¬ out all the large shire of Ayr it was most violently imposed. In the parish of Auchinleck one William Johnston was cited to one of the courts where it was appointed to be taken. He did not com¬ pear, and a party of soldiers were sent to liis house, who entirely rifled it. He and his wife having retired, left a maid in the house to attend and look after their family of small children, who could not be trans¬ ported. The soldiers were so inhumane as to carry her away with them to the garrison of the Sorn, leaving five or six small infants destitute and helpless in the house there alone. When the servant wras brought to the garrison nothing could be laid to her charge, and yet the oath was put to her, which she peremp¬ torily refusing, never having taken any oath, and declaring to them she did not understand it, and could not swear it, they put kindled matches betwixt her fingers, and burned off’ the flesh to the very bone. She endured all with the * greatest of patience, and such composure as astonished her tormentors, and in the issue they dis¬ missed her. Indeed at this time, there wras no peace to him that wrent out or CHAP. IX.] OF THE CHURCH OF SCOTLAND. 183 came in, and the fury of the parties, as they went up and down seeking their prey, was unparalleled. In the parish of Stonehouse in Lanark¬ shire, a poor man was at his work in the fields, and when he saw the soldiers coming, he stepped out of the way, not being willing to come into their hands. Upon this they followed him, and shot at him, and overtaking him at length, without asking him one question, knocked him down with their muskets, and wounded him with their swords, leaving him for dead upon the spot. Then coming to his house near by, they took away two horses, and left some of their number in the house to see his corn threshed out; so the poor man, besides the grievous wounds he got without any reason given, at a modest calculation lost upwards of three hundred merks. Those left to dispose of his corn were so unmerciful, as to turn his wife and several small children from the house in the night-time, during a violent storm of frost and snow, so that they were almost killed with cold. And in the neighbouring’ parish of Dalserf, about this same time, many families were scattered. John Harvey, Walter Ker, and Andrew M‘Killen were seized and banished. The first of them had all his goods seized, and his wife was imprisoned a long time, and very cruelly used. John Stuart in the same parish, had his doors burned by his master, and his wife was carried prisoner to Hamilton, with an infant not a month old, with a design to carry her further ; but when she came that length, she fell so ill with travelling in her circumstances, that she was left for dead ; and all this for noncom¬ pearance, and declining the oath now pressed. John Marshal tenant to Cultness, in the neighbouring parish of Cambus- nethan, for refusing the abjuration had two cows and all his crop taken from him by one Ogilvy, who for some time kept a garrison in the house of Cultness, and his family was scattered. At the same time they took from John Torrence in the same parish, upon the same score, a cow, six sheep, and all his corns, and spoiled his house, carrying off all that was portable. Captain Douglas and his soldiers oppres¬ sed terribly, in the beginning of this year, the parish of T winam. A poor 1 tenant there, after many severities, was prevailed with to swear the oath, and so the soldiers left him for a little ; but after eight or ten days returned, and forced him to go with them to a neighbouring parish, and assist them in searching for some wanderers. Upon the road thither they met with a poor man who would not answer their questions, nor swear; him the captain ordered immediately to be shot. The other country man modestly entreated the captain to examine the man a little further, and to give him some more time before they despatched him; for this they beat and bruised him, so that in a few weeks he died. This same captain came through a good part of Galloway, with some militia under his command, and spoiled all places whither¬ soever they came, as they had been in an enemy’s country. Claverhouse and he subcommitted their power to gentlemen, in every parish, when they went oftj and those deputes at their leisure harassed every body in those parishes. So strict and severe were the soldiers upon every emergent, that in the parish of Balmaclellan, a country man who had somewhat suddenly broken about his plough, was running home to bring some instrument wherewith he was to mend it, came near a party of soldiers before he got to his house, who, seeing him running, seized him, and forced him to swear presently. A party of soldiers came about this time into Corsmichael, to look after such as had been absent from the abjuration court ; they made dreadful havoc, and destroyed every thing, and took beds, ploughs, harrows, and made fire-wood of them where they stayed, though they wanted not abundance of other fuel. They seized several women, and carried them from prison to prison, because of their re¬ fusing the abjuration. Some of them were sent to the plantations, others to Dunotter, and some continued in prison till the toleration. In the parish of Tongland, lieutenant Livingstone with a party of dragoons harassed very severely. After courts had been held there for pressing the oath, they made very strict searches for noncompliers. 184 THE HISTORY OF THE SUFFERINGS [ROOK HI. ' A youth about eighteen years, named John Hallome, seeing the party at some little distance, stepped out of the road in which he was travelling. This they quickly observed, and pursued and wounded him, first with a shot, and then with a sword in the head, never once asking him one question. They carried him prisoner from one place to another, till at length they brought him to Kirkcudbright. There they put the abjuration to him, which he refusing, an assize was called, made up of the soldiers, and he was condemned, and executed there. Every person that en¬ deavoured to get out of their clutches at this time, was reckoned as confessedly guilty, and straight despatched. William Auchinleck in the parish of . Buttle had been conveying a friend of his to Ireland, and was returning to his own house on horseback. Unhappily for him he fell in with a company of Douglas’s foot coming from Kirkcudbright, who called to him to stand. The man complied with every thing that came about, and was a full conformist, but ho had no mind to lose his horse, which he suspected the soldiers would take from him, and therefore rode a little off from them. Taking a compass he got by them, and came on his way, till he came to a public house on the road, called Carlin-work ; there he called for some ale, which he took sitting upon horseback, thinking he was out of their reach. But the soldiers, some of them at least, had taken a nearer way, and came up when he was drinking, discharged their pieces at him, and killed him outright. Another boy happened to be at the house, at that minute when the soldiers came up, was mounting his horse to go with the former, at the shot the horse being frighted, threw the .boy from him, the soldiers came up and knocked him in the head with their pieces, and took his horse from him, and any money he had, w ithout asking him a question. It would be endless to set down the ra¬ vages and severities of the soldiers, and therefore 1 shall only add another instance to show the share which the conformable clergy had in them, which can be attested by several witnesses yet alive. It is no pleasure to me to expose people of this or¬ der, but their hand was so deep in every trouble that came about, that it would be unfaithfulness to pass them. In the parish of Cathcart near Glasgow, there .was a good old man, John'Watson, who lived in Lang- side. This man fell very poor, and was ob¬ liged to beg his bread from house to house^ besides, he was almost wholly lame. The curate Mr Robert Finnie was much embit¬ tered at this man because he would not hear him, and at this time he likewise refused the abjuration oath.' Mr Finnie gave in an information against him as a dangerous and disaffected .person, And got an order to a party of my lord Ross his troop to appre¬ hend him. The party came to Langside where any dwelling the man had, was, and were informed that he was at Glasgow waiting on for an alms, it being the day of the week upon which Sir Janies Turner used to give somewhat to the poor at his lodg¬ ings. So for that time he escaped. Mr Finnie continued in his rage against the poor, lame, aged man, and procured another party to be seut in quest of him, with strict orders to apprehend him. When they came he was at home in his cottage, and they were really ashamed so many of them had come for so small a prize. When they saw him, they found he was neither able to flee from them, nor travel with them. And some of them failed not to curse the min¬ ister, who had hounded them out upon such a prey. They urged him hard to swear the abjuration; John told them in much calm¬ ness, that it was now a long time since he had sworn the covenant, and resolved to swrear no more oaths. The soldiers knew not how to get him to Paisley, and were ashamed to go along w ith a beggar and cripple too. His neighbours, out of regard to the honest man, and it may be fearing worse, offered to send him on a sledge to the Hawk-head, my lord Ross’s house. My lord getting an account of the matter before John came up, sent out a servant, and ordered him home again, blushing at Mr Finnie’s malice and merciless temper, and sent half a crown to him as a real ob¬ ject of alms. There is but one other instance, with which I shall end this general account of the persecution upon the score of the ab- CHAP. IX.] OF THE CHURCH OF SCOTLAND. 185 juration, which 1 have well attested from the parish of Pennigham in Galloway, by the late worthy and learned Mr Robert * Rowan minister there, and it is the case of the Milroys in that parish. I give it alto¬ gether in this place, though it relates to ^several years, and from it we may have a new view of the severities of this time, and an estimate may be made, what a black ac¬ count we might have had of -them if care had been taken to get such circumstantiate and attested narratives as this is. I give it mostly in the words of my* dear, friend, though I must shorten them. There were two brothers in that parish, Gilbert and William Milroys, living at Kirkaulay in Castle-stuart’s land. Last year when the test was pressed violently, William took it, and Gilbert compounded with the sheriff-depute to get his name out of the ijplls, and actually gave him twelve pounds, and got oil. But this year when all were obliged to abjure, these two, with their younger brother Patrick Milroy, having no clearness to swear, were obliged to abscond and wander. In June or July this year, the earl of Hume sent his Merse militia to their houses, and rifled them, and drove away all the cattle they could reach. And two days after, seventy horsemen came under cloud of night upon them, continued all night, and destroyed all the foot had left, committing great severities upon the wo¬ men who were in the houses, particularly upon Gilbert’s wife, when she offered to detain from them some wearing clothes of her own, which, she said, men had no use for ; they seized her and put lighted matches betwixt her fingers, and grievously torment¬ ed her and several others. Early next morning they searched the fields about the house, and seized Gilbert Milroy’s brother William, with a servant of about sixteen years of age, who were lying hid among the corn, and carried them prisoners to Monni- gaff. They likewise took with them the remains of the cattle and household-stuff which had been put out of the way before. The number of cattle taken from them at both times, was eighty black cattle, besides a great many young ones which were with them, not numbered, twenty four score of sheep, eight horses and mares, some of them IV. worth an hundred pounds. The des- traction of corns by eating, treading dow n, and their frequent ranging the fields, cannot be computed ; and what w as not de¬ stroyed their families durst not stay to reap, and so it was entirely lost : their crop was twenty four bolls of sowing each, of Gal¬ loway measure. Next day, Gilbert and William were brought before the earl of Hume at Monni- gaff, and were examined as to their keeping the church, converse with whigs, and who jimong their neighbours used to reset them. When they declined to answer upon those points, they were put to the now ordinary torture of lighted matches betwixt their fingers, but through God’s grace they en¬ dured all, and would make no discoveries. Here they were kept six days, and every day threatened with present death, if they would not comply, conform, and delate such whom they knew in the neighbourhood did reset persecuted people. As the severities of the officers and commanders' were great, so the impiety of the common soldiers de¬ serves our notice. Gilbert Milroy’s wife was come to Monnigaff to wait upon her husband ; she had gone out to the fields to pray, and one of the soldiers overhearing this good woman, came up to her, and draw- ing his sword threatened to kill her for praying ; however he was restrained, and only brought her prisoner to the captain of the guard, bawling out against her prayers, and swearing they were treason. The cap¬ tain saw good to dismiss her. Her husband and his brother, with several others, were carried under a guard to the church of Bar, tied together two and two, like beasts for the slaughter ; there they were kept three days and examined by major-general Drum¬ mond, who hectored and threatened them terribly, telling them, if they would not comply, and inform where the whigs haunt¬ ed, and who used to reset them, he would send their dittay with them, so that they should be hanged without an assize as soon as they came to Edinburgh : but nothing prevailed upon them to act against their conscience. Thereafter they were sent to Hamilton, where they stayed one night, and from thence were carried to Edinburgh, and imprisoned at Holyrood-house, all the 2 A 186 THE HISTORY OF THE SUFFERINGS [BOOK III. rest of the prisons being fully packed. 1685. 'phgj.g tkey Were examined by some of the counsellors and the advocate as to their not keeping the church, their haunting field- meetings, keeping company with rebels, and as to their knowledge of the persons who used to reset such; and not answering their interrogatories to satisfaction, they were severely enough handled. Mr James Col- quhoun, episcopal minister at Penningham, had no small share in their being thus treat¬ ed. Gilbert Milroy found means to treat with him when he was apprehended, and sent him a good wedder upon his promise to speak and act in his favours. Gilbert’s wife afterwards went to Mr Colqulioun, and asked a line in her husband’s favours : accordingly, he wrote a letter and sealed it, giving it to herself to carry in with her to Edinburgh. In this line, instead of acting in the prisoner’s favours, he informed the judges that he was a disloyal person of re¬ bellious principles. This, together with their refusing to comply and swear the pre¬ sent oaths, brought on their sentence, which was to have their ears cut off, and to be banished for ten years ; and when their sentence was intimated, they were put in the iron-house. In a few days some of the counsellors came in to them with a surgeon, who cut off the ears of all the prisoners who came from Monnigaflf, except Gilbert Mil¬ roy, who was then so fatigued and weak, that he appeared to be in a dying condition ; and after the surgeon had his scissors about his ear, he passed him as a dying man. Since I have brought them this far, I shall go through their troubles, and place them here all together, as a flaming instance of the rigidity of this period, toward persons who had never carried arms against the go¬ vernment, or been in any opposition to it, merely for their opinion, and refusing what they reckoned an unlawful oath ; and from those attested relations the reader will easily form a notion of the heavy sufferings of many who were thus dealt with, of whom no accounts are now preserved. About five or six days thereafter, Gilbert Milroy with the rest of the sentenced prisoners in the iron-house, were taken out, and six and six of them tied together, and such of them as were not able to walk, which was the case of several s, were carried upon carts to Newhaven, put into a ship lying there, and thrust under deck, two and two of them fettered together, to the number of an hundred and ninety. While at sea, they were kept close together night and day under great distress, for want of fresh air, starved with hunger, and tormented with thirst, so that several of them were put to drink their own urine, and two and thirty of them died. They were three months and three days at sea, and had no favour shown them by the master of the ship or seamen. When they landed at Port Royal in Jamaica, they were put in an open prison, and had very much friendship shown them from several people in the island ; particularly by one Mr Hicks who was afterwards in this popish reign prosecuted at law, and vexed by evil minded persons, for showing kindness to those suffering people. After ten days’ continuance in open prison, they were sold to be slaves, and the money paid for them was given to Sir Philip Howard, who had got a gift of them from the king. Gilbert Milroy suffered very hard things in Jamaica, after he was sold. His master would have him to work on the Lord’s day ; this he peremptorily refused. After he had been beat several times, one day his master drew his sword, and had well nigh killed him ; but afterwards finding him faithful, conscientious, and very diligent, he altered his way, and made him overseer of all his negroes. The blacks mortally hated him for his fidelity to his master, and made various attempts to murder him. One of them struck him on the head with a long pole, whereby he lay dead for some time, and lost a great deal of blood, so that ever since he is a little paralytic. At another time he was poisoned by another of the negroes, but was saved by timeous applica¬ tion of antidotes. In short, he was con¬ tinually in hazard of his life by those savages. Many of the prisoners died in their bondage, but Gilbert lived till the happy revolution, and then was liberate, and came safe home to his wife and relations ; and when my account was written December 1710, he was alive, a very useful menibei CHAT. IX.] OF THE CHURCH OF SCOTLAND. 187 of the session of Kirkcowan ; in the presbytery of Wigton. Providences were very closely observed by him, and lie kept an exact account of the Lord’s way with him in writing, out of which the above particulars are taken ; and he had very singular steps of providence to remark, as to the Lord’s methods with the persons concerned in the ship which carried him and the rest to Jamaica, and such as were active in their hardships and troubles, some of which will not be unacceptable to the serious reader. He notices, that Sir Philip Howard an English gentleman, who procured a gift of the hundred and ninety prisoners from king James, and designed to come over to Port Royal, never had the satisfaction of enjoying the price of their liberty; just when taking his leave of his friends and companions, and coming over the Thames, he fell down betwixt two ships, and perished. When they were at sea on their voyage to Jamaica, he observes, that about forty of the soldiers and crew in the vessel, who were so very cruel to them poor prisoners, turned mad, and leaped over board, and many others of them were trysted with a pestilential fever. The master of the ship, Mr Evans, fell sick, and his body gradually rotted away before his death, so that nobody almost could come near him ; and it would seem he had some terror likewise upon his mind for the hard¬ ships he had done to the prisoners, for he i called for several of them, and begged them to forgive him, and pray to the Lord for him, which they very cheerfully did. He remarks lastly, that this ship, wherein they were carried to Jamaica, was sold for three hundred pounds sterling, and lost in her voyage homeward ; and he who commanded in her, William Love, was brought to such misery, as the said Gilbert was informed "hen he came home 1690, that he was become under-cook in a man-of-war . To end this section, the troubles of the country were really inexpressible by the violent pushing of this oath in January and February this year. The imposition of it was much more rigid in some places than others. Where the heritors were not for severities, ind there happened no soldiers to come, Ihings went tolerably easy : but in most places of the south and west it was ur- ged most unaccountably upon lass and ' lad, young and old; and multitudes of poor women were sent to the plantations, several of them from their children and small fami¬ lies, for no other reason but their refusing it. However, it is noticed by some, that in the event, this method increased the suffer¬ ing party, and the number of wanderers ; for it was crammed down with such haste and violence, that many through present fear fell in with it ; and afterwards, when they came to be affected with their sin in so taking it, they quit conformity altogether and joined with the persecuted party. Pro¬ vidence put a stop in part to this general violence, by king Charles’ death ; and the imposition of this oath slackened a little to¬ ward the end of February. The murders in cold blood increased rather after the king’s death, for some months ; but the uni¬ versal pressing of the oath ceased, though still this was carried on by the soldiers throughout this year, and even afterwards, as we shall hear. SECT. II. Of the procedure of the Council and their Committees, till the king's death. Tiie death of king Charles II. falling in February .6th, this year, makes it not unfit that I give the persecution of presbyte- rians by the council, in two sections ; and here I begin with what passed in coun¬ cil before that remarkable event, though the consequences of this will lead me to some things which happened some little time after this. I begin with the effects of the council-commissions with justiciary power, granted, as we have seen, December 30th last year, in the different shires ; and then I shall insert what I meet with in the council-registers this year. By the powers and instructions above insert, granted to such as constituted those terrible courts, we may easily perceive how frightful they were to the southern and western shires. They were horrid inquisitions, and in sev¬ eral things they went even beyond their severe instructions. While the soldiers were almost every week murdering some in the fields, those commissioners, or any two of 188 THE HISTORY OF THE SUFFERINGS [BOOK III- them, had the power of life and death in their hand, and were to pick up any who were overlooked at for¬ mer courts, and went hack as far as Both- well and Pentland, yea, even the restoration, for nonconformity. We may likewise con¬ sider those courts as a kind of precognition before the parliament sat down. The com¬ missioners were to gather up all that could be found against the gentlemen in prison, in the close of the last year, and others, who, we heard, were cited before the ensu¬ ing parliament, in order to forfeiture. They were ordained to meet, January 15th, and had different sessions in January and Feb¬ ruary. There were no registers kept of their procedure, as far as 1 know ; and it is but a lame account I can give of what they did, from a few hints come to my hand. One instance or two from Dumbarton and Renfrew shires, may suffice. To begin with the commission for Dumbarton. In February, Orbiston, major Arnot, and the other commissioners, met ; and, among many others, they had before them that worthy gentleman John Zuil of Darleith, whose treatment I shall give from an attested account I have from one of his nearest relations, who knew all the circum¬ stances of it. Darleith had been cited in October, and not compearing by reason of sickness, he was denounced. At this court he appeared, though he remained sickly, and very much indisposed, and was fined in a thousand pounds sterling-, merely because he refused to depone upon his libel as to reset and converse, and for his refusal of the test offered to him ; he was cast into prison in the castle of Dumbarton, to con¬ tinue there till he paid his whole fine. In March thereafter, his lady fell ill of a fever* whereof she died ; and though it was but a small distance from the castle, her husband for a good while was not suffered to come out to see his dying wife At length, his son Robert Zuil, since the revolution bailie and dean of guild in the city of Glasgow, with his son-in-law, were admitted to give bond with himself, for a thousand pounds sterling, that he should return to prison in four days after the interment ; for this mighty favour he was not allowed till the lady was dead, and he was denied the satis¬ faction of seeing her. He returned at the time appointed, and was continued close prisoner eighteen or twenty months till the persecution slackened a little. How¬ ever, by this harsh treatment, and want of accommodation in prison, 'this excellent gen¬ tleman contracted a consumption, whex-eof he died January, 1688. Since writing what is above, I have sent me the just extract of a decreet, past at this court, which deserves a room here, and it relates to a good many othei-s besides Dar¬ leith. “At Dumbarton, February 19th, 1685, sederunt, William Hamilton of Orbis¬ ton, sheriff-principal, Humphrey Colquhoun fiar of Luss, major George Arnot lieuten¬ ant governor of Dumbarton castle, and Archibald M'Aulay of Ardincaple, com¬ missioners of council and justiciary. The whilk day, anent the libel pursued by his majesty’s advocate, and Thomas Wallace sheriff-clerk, having commission from him before the said commissioners, against John Campbell of Carrick, and Christian Elliot his spouse, John Zuil of Darleith, and Anna Fisher his spouse, John Napier of Kilma- hew, and Lilias Colquhoun his spouse, Isobel Buchanan relict of umquhile Archibald Buchanan of Drumhead, Claud Hamilton of Barns, and Stuart his spouse, Hugh Ci’awford of Cloverhill, and Hamilton his spouse, John Douglas of Mains, and Hamilton his spouse, William Colquhoun of Craigton, and Stirling his spouse, William Semple of Dalmock, and Denniston his spouse, and William Noble fiar of Ardar- dan. The commissioners foresaid, having seen and considered the libel, and acts of parliament whereupon the same is founded, together with the forenamed persons defen¬ ders, their valuations ; and the foresaid libel being found relevant, and admitted to the foresaid pursuer’s probation, and by him referred to the hail defenders’ oaths, decern as follows, viz. the said John Napier of Kilmahew, for his noncompearance, is holden as confessed, and is fined in the sum of two thousand pounds, sterling money of England, for himself and his lady ; John Zuil in a thousand pounds sterling, having appeared and confessed two years with¬ drawing from his parish-church, since the CHAP. IX.] OF THE CHURCH OF SCOTLAND. 189 indemnity, as likewise a liouse-conventicle and other church disorders, he refusing to give a testimony of loyalty by taking the test, when required by the commissioners ; also, fine the said John Campbell of Carrick, for himself and his lady, in the sum of fifteen hundred pounds, because of his contumacy in not compearing when lawfully cited, atwhich day his spouse Christian Elliot compeared, and acknowledged she had heard outed and unlicensed ministers preach and expound scripture in her husband’s house several times, but cannot be positive how oft ; and the foresaid Isobel Buchanan in a hundred pounds sterling : and ordain the magistrates of Dumbarton to impri¬ son them instantly, or when apprehended, till they pay the said sums, or otherwise give satisfaction to the noble and potent prince William duke of Queensberry, lord hio-h treasurer. For which this shall be O to them or any of them a sufficient warrant.” Let me go over the river Clyde to the shire of Renfrew, and we shall yet meet with greater severities. Most part of the presbyterian gentlemen of that shire we left in prison at Edinburgh last year, so that the commissioners there, had only some meaner persons to exercise their severities upon. Upon the 3d of February, I find John Park and James Algie executed at the cross of Paisley, by sentence of the com¬ missioners for this shire. I have a distinct account of them from the late reverend Mr Matthew Crawford minister at Eastwood, where they lived, whose piety and learning make his memory savoury to all who knew him. Those two men lived in Kennishead in the foresaid parish, and w'ere joint tenants in a bit of land there. I am informed that James Algie was an ordinary conformist, and heard the episcopal minister till within a few weeks before this, when through the influence of the other he gave it over. It is certain that both of them gave over that land they had jointly a tack of, upon some reason or other, which one who had been instrumental in bringing them thither took very ill, and drove his resentments so far, as to inform against them, and sent a nephew of his upon the Lord’s day, February 1 st, wdtha letter to Mr John Cochran of Ferguslie at Paisley, bailie of the regality of Darnley, under which they lived, inform¬ ing him that those two were persons of rebellious principles, disowned the king’s authority, and defended the declaration of the societies, adding, that it w'as his business, as judge ordinary, to notice them as he would be answerable. The bearer of the letter was put in close custody until the forenoon’s sermon was over, and then a party of soldiers were ordered out, and the two men were seized in their own house just when about family worship, and carried dowrn to Paisley that night, and ex¬ amined there upon the common interroga¬ tories. In which they not giving full satisfaction, were left in prison. And the commissoners having a justiciary power for that shire, met on Tuesday, and sentenced them in the forenoon, and they Avere ex¬ ecuted that same day about two of the clock. While they were in prison, Mr James Hay, afterwards minister at Kilsyth since the revolution, was sent to them by Mr Matthew Crawford, who was much concerned in them, being some way part of his charge, but being denounced durst not go himself. Upon conversation with them, he found they knew very little as to the debatable points upon which they had been interrogate, only they had lately drunk in some of the tenets of those who denied the king’s authority : but upon conversation and further instruction, they appeared very willing to quit them. And after some pains taken upon them, they came to be satisfied to take the abjuration oath. But it seems their death was resolved on, whatever con¬ descensions they should make. And when an offer was made, in their name, in open court, that they would swear the oath required in the council’s proclamation, the laird of Orbiston, who now managed matters here and ^Dumbartonshire, according to the bloody imposing spirit of the times, answer¬ ed, directing himself to the two pannels,“The abjuration oath shall not save you; unless you take the test, you shall hang presently.” The two plain good men, having a just ab¬ horrence at the test, replied, “ If to save our lives wre must take the test, andtheabju- 190 ration will not save us, we will take no oaths at all.” And upon this qualified refusal of the abjuration, they were sentenced to die presently. Had the poor men per¬ emptorily demanded the benefit of the abjur¬ ation, even by the then laws they could not have taken their life, for they had no facts at all against them, and the test could not in law be required of them ; but they had neither skill nor courage to plead before courts, and no lawyers were allowed to ar¬ gue for them. This made the foresaid gen¬ tleman, one of their judges, after the sen¬ tence was passed, boast in the wickedness, and vauntingly say, “ They thought to have cheated the judges, but by - , I have trick¬ ed them.” So dreadful was the thirst after innocent blood in some intrusted by the arovernment with the execution of the present iniquitous law s. I have given a particular detail of this matter, because my accounts are from per¬ sons of the best credit, wrho had occasion to know it exactly, and it is a melancholy proof of the stretches made by the execu¬ tors of the wicked laws now in force, even beyond their own bloody rules. Those two pious youths were executed that same day, within a few hours of their sentence, I might have said, of their appre¬ hending, and they lie buried near Paisley.* It were worth while to remark it, this may serve to correct a double mistake in the ac¬ count of these two men, in the Cloud of Witnesses, pag. 286, that they are buried in the parish of Eastwrood, and that they suf¬ fered for refusing the abjuration, which ought to have been qualified as above. I am informed by some yet alive, who were present at their execution and burial, that the soldiers there present endeavoured to make the people who concerned themselves in their burial, to approve of their death, and declare they died justly, threatening them w ith present imprisonment if they did * They were buried in the Gallougreen of Paisley. About fifty years ago, in consequence of the extension of the buildings of the town over the Gallowgreen, their bones were taken up, de¬ cently re-interred in a more suitable spot, and a flat stone laid over the grave with a suitable inscription. This was done by the order and at the expense of the magistrates and council of the burgh. — Ed. [BOOK III. not so, which is a new instance of the bar¬ barity of this period. Another instance of unaccountable severi¬ ty at this court, upon the same day, was in the case of Robert King miller at Pollock- shaws, in the same parish of Eastwood, which may let us in to a further view of the treatment country people met with at those courts. This good man died but lately in a good old age, and I have several times had the accounts of his severe treatment from himself. Before this he had been twice fined for mere nonconformity, in forty pounds Scots, and at both times much more than the sum was exacted by the soldiers when they came upon him at different times. The firmness and composure of his wife Janet Scouler, under the severities of the soldiers, was truly remarkable, and in my opinion deserves a room here. This excellent wo¬ man was far beyond the common size of country people, for good sense and solid knowledge, and was really extraordinary for serious exercising religion. I could in¬ sert several veiy singular instances of it in her, and of the Lord’s manifestations of his covenant to her, were this a place for it. One day a party of soldiers came to their house and rifled it, taking away two or three horses, and five or six cows, and had plundered the house of any thing por¬ table. When they were doing all this, Ja¬ net was perfectly easy and composed, not in the least ruffled, so that the soldiers could not but take notice of it. When the cattle were driving alongst the Shaw-bridge, at the end of which their house was, Janet came to the door, and looked after them. One of the soldiers observing her, and be- ing a little more merciful than the rest, turned about and said, “ Poor woman, I pity thee.” Janet answered him with a great deal of gravity and cheerfulness, “ Poor,” said she, “ I am not poor, you cannot make me poor, God is my portion, and you can¬ not make me poor.” This was to glory in her tribulation, and to rejoice at all times, and bless the Lord continually. To return to her husband ; a party of soldiers upon the 3d of February pretty early, came to his house, and brought him down pris¬ oner to Paisley. Nothing could ever be laid to his charge but mere nonconformity, THE HISTORY OF THE SUFFERINGS CHAP. IX.] OF THE CHURCH OF SCOTLAND. 191 he having never borne arms. He was pre¬ sented before the commissioners met upon the former occasion, whose severity was chiefly owing to the violence of the gen¬ tleman last named. When Robert King is before them, he was interrogate, if the death of the archbishop was murder. He answered, he did not understand the matter so far, as to determine in it. Again he was asked, if the king sinned in rescinding the covenant. He told them, he would not answer to such questions as these. After they had put several more to him, they put the test to him, which he peremptorily re¬ fused. In the time of his examination, the two forenamed young men, his neighbours and acquaintances, were hanging upon the gibbet before the tolbooth of Paisley, where the court sat. Robert was bid look upon these two before the window, and assured (the threatening was illegal as well as barba¬ rous) that if he took not the test, immediate¬ ly he would be knit up with them. He refus¬ ed for a good while. To fright him the more, they shut him up in a corner of the prison, permitting nobody but his guard of soldiers to be near him, and told him, he had but an hour more to live ; and the trumpet was to be sounded thrice, and if he sat the third summons at the expiring of the hour, there was no mercy for him. When he was sent off, the first blast was given, and in less than half an hour the next. The poor man, brought to this pinch just from his work, was much frighted, and no great wonder, and fell into very great confusion, and as he himself used to express it, was perfectly out of himself ; and in his fright, when warned before the last sound of the trum¬ pet, he complied and took the test. This was matter of heavy vexation to him for many a year ; and the Lord gave him re¬ pentance not to be repented of for this in¬ voluntary fall, which was more the sin of his persecutors than his. This is a very affecting instance of the fury of this time, and the barbarous methods taken to brin? poor people to compliance with their impo¬ sitions. 1 shall only add one other instance of the severity of this court at Paisley, come to my hand since writing what is above. Rolls of all the inhabitants were called for, and because Thomas Crawford, then younger of Crawfords-burn, was not so timeous in giving in a list of the inhabitants of his lands, as they would have had him, he is fined in a hundred pounds. Indeed it was afterwards remitted ; and because Robert Shearer, sailor in Crawfords-dyke, (yet alive) did not compear before them, the commissioners ordered his goods to be se¬ questrate, and his wife to be imprisoned in Dumbarton castle. The execution of which was put upon their master, the fore- mentioned present laird of Crawfords-burn ; which invidious work when he did not do, he was severely threatened to be represent¬ ed to the government ; but this was happily prevented by favour of the lord Ross. No further accounts are come to my baud of the procedure of the commissioners in other shires, save those in the north, which will come in from the council-regis¬ ters, whence I come now to give a detail of what concerns the sufferers till the king’s death. January 7th, a letter is read from the king, appointing the underwritten noble¬ men and gentlemen to be processed before the ensuing parliament, and the council form the following act. “ The lords of his majesty’s privy council having a letter from the king, dated Whitehall December 24th, signifying, that his majesty having indicted a session of parliament to meet at Edin¬ burgh the 10th of March next to come; and seeing his majesty’s royal brother can¬ not stay so long, nor is it fit to keep the members so long together, as sixty days may run from their first meeting, before the process, necessary to be raised againsc such as are accessory to the late treasonable conspiracy, and other crimes of treason, can come in ; and it having been ordinary in the reigns of his majesty’s royal prede¬ cessors, to issue out processes in such cases, for citing those who are to be accused ; and therefore commanding his advocate to raise processes before the said session of parlia¬ ment, immediately at sight hereof against the whole persons aftermentioned, viz. Denholm of Westshiels, Stuart son to Cultness, Sir John Cochrane of Ochil¬ tree, James Stuart son to Sir James Stuart provost of Edinburgh, the lord Melville, Sir THE HISTORY OF THE SUFFERINGS [BOOK III. 191 Patrick Hume of Pol wart, George ‘ Pringle of Torwoodlee, Andrew Fletcher of Salton, Hume of Bassenden, Hay of Park, Sir James Dalrymple of Stair, Walter Lock¬ hart of Kirkton, Montgomery of Langshaw, John Weir of Newton, Mr Gil¬ bert Elliot writer in Edinburgh, Campbell of Ardkinglass, Sir Hugh Camp¬ bell of Cesnock elder. Sir George Campbell younger thereof, the heirs of the deceased earl of Loudon, the heirs of the deceased Mr Robert Martin, late clerk to the justice court. The lords give warrant accordingly.” And January 9th, I find, upon what reason I know not, the lords appoint the advocate to begin a process of treason against Mr Robert Martin, Mr Gilbert Elliot, Mr Robert Fergusson, Sir W illiam Scot younger of Harden, Sir James Dalrymple of Stair, and Montgomery of Langshaw, notwith¬ standing they are cited to the parliament. How far this is consistent with rules and forms, 1 leave to lawyers to determine. We shall hear more of some of them just now from the justiciary registers. January 8th, the council send a commis¬ sion north, and write the following letter to the bishop of Murray. “ My lord, his ma¬ jesty’s privy council having commissioned the earls of Errol and Kintore, and Sir George Munro, to prosecute all persons guilty of church disorders and other crimes, in the bounds betwixt Spey and Ness, in¬ cluding Strathspey and Abernethy, and their first meeting to be at Elgin, the 22d of Jan¬ uary instant, the council have thought fit to recommend to your lordship to advertise all your ministers within the bounds fore- said, to attend the said commissioners the said day, and to bring with them their el¬ ders, and lists of persons guilty of church disorders, or suspect of disaffection to the present established government in church or state, whereupon they are to depone. I am, &c. “ Perth, Cancel.” And at the same diet, they order my lord Duffus, with the militia troop, to attend them ; and January 9th, their commission is extended to Inverness, Ross, Cromarty } and Sutherland. The seed sown by the banishments, after the first introduction of prelacy, of Mr David Dickson, Mr Robert Bruce, and others, and more lately by min¬ isters and gentlemen banished thither by the high commission, and by the labours of Messrs Hogg, M‘Gilligen, and others, were not yet worn out from that country; and though there were but few comparatively with the west and south, yet there were more, than many imagine, dissatisfied with prelacy and the present methods. To bear down any such, that commission is sent north. The best and most satisfying account I can give of this northern commission is from the registers, and I wish there had been as distinct accounts of the rest there ; but 1 find not one word from any of them save this. Their report is made to the council, March 2d, which, with the coun¬ cil’s approbation of their procedure, is as follows. Report from the commissioners for Murray. “ Forasmuch as there being this day given in to the lords of his majesty’s privy coun¬ cil, the address and report following, of the commissioners appointed by the king and council, for pursuing and punishing of de¬ linquents within the district of Murray, as the same in itself, in manner underwrit¬ ten, at length bears. Follows the tenor of the said address and report. ‘Unto the right honourable, the lord high chancellor, the lord high treasurer, and remanent lords of his majesty’s most honourable privy council, the report of the right honourable John earl of Errol, and lord high constable of Scotland, John earl of Kintore lord treasurer-depute, and Sir George Munro of Culcairn, commissioners of his majesty’s privy council and justiciary, for the district of Murray, showeth, that, in pursuance of the commission and instructions given to them, they, upon their first arrival in Mur¬ ray, issued forth precepts for citing such disorderly persons within the shires of Bamff, Ross, and Sutherland, (as being most remote) as were given them in their in¬ structions, and whereof they had got infor¬ mation ; and commanded the respective sheriffs to cause summon all the other dis¬ orderly persons, within these shires, to ap¬ pear at a certain day. The lords having CHAP. IX.] OF THE CHURCH OF SCOTLAND. 193 proclaimed protection to all persons con¬ cerned, they discharged any to go out of the district without their license, and ordained all who came into the district from the south hand, to appear before them, and produce their letters and papers, and be examined. The lords caused make up complete lists of all the heritors, liferenters, and wadsetters, within the district, and allowed them to meet and make address of what they would offer for the security of the peace and government ; and accordingly, they all un¬ animously gave in a very loyal address, and voluntary offer of three months’ supply to his majesty, and the burghs gave in the same. The heritors likewise, and burghs within the district, did all unanimously sign a bond for securing the public peace, and for their regular living. The heritors also and burgesses did take and swear the test, and oath of allegiance, and asserted his majesty’s prerogatives, except a few heritors to whom the lords thought fit not to tender the same at that time, but who ap¬ peared to be willing to take it, and some loyal persons absent on excuses. The lords did very strictly examine all the ministers and elders within the district, with several persons of honour and loyalty, anent the condition and state of the country, and the disaffected and disorderly persons therein, and libelled all persons delated, banished some, fined others, and remitted a few to the council, a list of all whom is herewith given in. The lords were at much pains, and took gx-eat trial anent James Niinmo, Mr Robert Martin, Pitgavie, and Park Hay, and anent the plot, and contributing money and doing favours to rebels. The lords ordered to imprison the laird of Fowlis elder, (a disorderly person not able to travel) at Tayn, and the laird of Fowlis younger at Inverness, in case he refused the bond of peace ; and gave orders to apprehend, and send Mr William Mackay, a vagrant preacher in Sutherland, prisoner to Edinburgh. The lords cleansed the country of all outed ministers and vagrant preachers, and banished four of them for not taking the oath of allegiance, keeping conventicles, and refusing to keep the kirk, and fined one of them, being an heritor, in ten thousand merks, and ordered them to IV. be transported prisoners to Edin¬ burgh. The lords ordered to appre- hend the few delinquents that were absent, and to commit them to prison till they should sign the bond of peace and regularity, and engage to keep the kirk in time coming. There being a good many commons, and vei’y mean people, delated and libelled for church disorders and irregularities, and being all formerly fined, and almost all of them since regular, and the few who had not been so, having sworn to keep the kirk, and their masters and husbands having engaged for them, the lords assoilied them, and left orders w’ith the l’espective sheriffs to put the law's vigorously to execu¬ tion, against all church-dissenters, and especially against such as were formerly ■ disorderly, and were now engaged to live ! regularly, and to report their diligence to the council. The militia regiment and troop did attend the lords, whom they did view, and caused put in order. The bishop and clergy of the diocese of Murray, attended the lords in a body, and gave them their hearty thanks for the great pains and diligence they had used to the good and encouragement of the church and clergy in that place, and begged the lords would allow them to repi'esent their sense and gi-atitude thereof to the lords of his majesty’s most honourable privy council. Follows the list of the persons banished, viz. Mr James Urquhart, Mr John Stuart, Mr Alexander Dunhai-, Mr Geoi’ge Meldrum ministers, Alexander and Mark Mavex's portioners of Urqxihart, Donald and Andrew Monro of Elgin, Alexander Monro some¬ time of Main ; likeas a married woman, Jean Taylor a servant. List of the pei'sons fined, viz. the laird of Grant in the sum of forty two thousand five hundred pounds Scots, the laird of Brodie in twenty four thousand pounds, the laird of Lethin in forty thousand pounds, Francis Brodie of Milton in ten thousand pounds, Francis Brodie of Windyhills in three thousand three hundred thirty three pounds, six shillings and eight pennies, Mr James Brodie in Kinlee, in three hundred thirty three pounds, six shillings eight pennies, Mark Maver portioner of Urquhart, banished, and fined in three hundred pounds, Mr George 2 B 194 THE HISTORY OF THE SUFFERINGS [BOOK III. Meldrum of Crombie, banished, and fined in six thousand six hundred sixty six pounds, thirteen shilling's four pennies. Summa is one hundred and twenty thousand, nine hundred thirty three pounds, six shillings, eight pennies Scots. List of persons cited to appear when called, viz. Thomas Dunbar of Grange, the laird of Innes younger, William Brodie of Coltfield, Wil¬ liam Brodie of Whitewray, and Mr Robert Donaldson in Ayr. Nota. The lords were at much pains, and took great inquiry anent a fiery cross sent through the coun¬ try, to alarm the people, and hinder them to go out to the king’s host, against the rebels at Bothwell-bridge ; and as anent a combination and club, kept for carrying- on and bringing in an indulgence to Murray, the depositions anent all which are herewith reported. Subscribed, Kin- tore, for himself, in name of the earl of Errol, and Sir George Monro. And where¬ as the consideration of the said report, hav¬ ing been remitted to a committee of the council’s number, and they having, conform to the reference made to them this day, made report thereanent, the lords of his majesty’s privy council upon consideration of the foresaid address, and report of the said commissioners, with the report of their own committee aforesaid, do thereby de¬ clare, that they are very well satisfied with their procedure and diligence, and do ap¬ prove thereof ; and besides, did return their hearty thanks to the earl of Kintore, for himself and the other commissioners, upon that account.” No observations are necessary upon such procedure against so many excellent gentle¬ men : the unaccountableness of this treat¬ ment will appear much better from a peti¬ tion given in to the council by the laird of Grant, in April, desiring that part of the commissioners’ sentence against him may be recognosced, than from any thing I can say ; and therefore I shall add it here, with the council’s refusal, which is another evidence of the severity of this period. “ Edinburgh, April 16th. Anent the peti¬ tion presented by Ludovick Grant of Freughie, showing, that the petitioner is charged by virtue of letters of horning, raised at the instance of his majesty’s cash- keeper, to make payment to him of the sum of forty two thousand five hundred pounds, Scots money, conform to a decreet obtained at the instance of his majesty’s advocate, against the petitioner, before the lords com¬ missioners of his majesty’s privy council, met at Elgin the eleventh day of February, one thousand six hundred and eighty five years, within fifteen days next after the charge, &c. And since the said decreet is founded upon thir grounds, viz. That the petitioner’s wife confessed two years and a half’s withdrawing from the ordinances, the having and keeping an unlicensed chaplain, hearing outed ministers preach several times, and that the petitioner confessed the keeping of the said unlicensed minister, and hearing an outed minister preach once, and pray several times ; it was humbly craved, that his grace and the council might resume the consideration of the said decreet, upon thir grounds, 1 mo. The petitioner, with all submission, conceives, that by no former law, an husband is declared liable for his wife’s withdrawing from the ordinances. 2 do. It is notourly known, that the parish church was vacant for one year and a half of the time libelled, that the next parish kirk is six or seven miles distant, and that the petitioner’s wife, for the most part of the remanent time, was valetudinary, and given over by the physicians. 3 tio. The petitioner’s wife deponed expressly, that it was never her principle to abstain from hearing upon the account of any disloyalty, disrespect, or disaffection to the government, and before and after the time libelled she is a constant hearer. 4 to. It cannot be pre¬ tended, that any conventicle was ever hold- en in any house or fields belonging to the petitioner, and neither the petitioner nor his wife did even hear any outed minister preach, pray, except in the house of Lethin, when the lady Lethin (the petitioner’s mother-in-law) was on deathbed, there being none present but five or six of the same family, which hearing was merely accident¬ al, without any design, the petitioner and his wife being, by the ties of nature and charity, obliged to attend their said dying mother, in time of her sickness, bto. Albeit the pe- CHAR IX.) OF THE CHURCH OF SCOTLAND. 195 titioner and his wife, upon oath confessed, that Mr Alexander Frazer, (who in the decreet is called an unlicensed chaplain, ) was their servant, yet the said Mr Alexan¬ der Frazer was an actual minister under bishops, who took the oath of allegiance, and subscribed the declaration against the covenant, being instituted by bishop Murdo Mackenzie, into the kirk of Daviot, which is one of the mensal kirks of the diocese of Murray, and thereafter demitted his charge by reason of his infirmity, nor was he ever the petitioner’s feed servant, but a tenant, and was actually removed before the act of par¬ liament ordaining chaplains to take the test, and before the proclamation dated the fourth day of June, 1683, discharging chap¬ lains in any family without license from the ordinary, neither was he ever pursued, charged, or sentenced, for any cause what- somever to this hour ; and in regard the petitioner is most desirous, and cheerfully offers to give all the evidences and demon¬ strations of his loyalty and affection to the government that can be demanded, and to assert the same with the deepest protesta¬ tions imaginable, and from which no event whatsomever can be able to discourage him, declaring from his heart all thoughts in the contrary most nauseous and abomi¬ nable ; and therefore humbly supplicating that his grace and remanent lords of coun¬ cil, would revise the said decreet, grounds, and warrants thereof, and in the meantime stop further procedure, it being hoped by the petitioner, upon perusal of the whole matter, he would be found totally innocent. Which petition being upon the 16th day of April instant read in council, his majesty’s high commissioner and lords of council did remit to a committee of the council’s num¬ ber, to consider thereof, and decreet fore- said for the district of Murray, and grounds and warrants of the same, and to hear the earls of Errol and Kintore, two of these commissioners in the affair, and to report (execution in the meantime against the pe¬ titioner being sisted). And the said commit¬ tee having, upon the 18th of the said month, met and called the laird of Grant petitioner, and heard him and his advocates, and consid¬ ered the foresaid petition and reasons therein mentioned, together with theoathsof the pe¬ titioner and his lady, before the said commissioners, and this day made their 1 report in the hail matter, his majesty’s high commissioner and lords of privy council do find that the lords commissioners of the district of Murray, have proceeded legally, and conform to their commission and in¬ structions, in fining the said laird of Grant petitioner, in the foresaid sum of forty two thousand and five hundred pounds, Scots money, and the letters and charges at the instance of his majesty’s cash-keeper, against the said laird of Grant, orderly pro¬ ceeded ; and ordain the same to be put to further execution, conform to the tenor thereof, ay and while the said fine be fully satisfied and paid.” After what I have already inserted, I need scarce add any thing from private hands ; but that the reader may have a full view of this sore persecution, I shall sub¬ join a particular narrative sent me by a worthy gentleman in Murray, upon whom the reader may depend for the truth of it. “ The members of the criminal court which sat at Elgin of Murray, in the beginning of the year 1685, were the earls of Errol and Kintore, with Sir George Monro, commonly called major-general. As soon as the commissioners came to town, they caused erect a new gallows ad ter- rorem. Most of the presbyterians in this country were summoned before them, though they had no crimes to charge them with, but absence from the kirk, and being at conventicles ; none here having been at Bothwell, or in any thing termed rebellion. They fined the laird of Brodie, this Brodie’s grandfather, in forty five thou¬ sand merks, merely upon his having a con¬ venticle in his house. That gentleman went to London to get, if possible, some reasonable composition made for his fine: after much pains and expense he was forced to give bond for twenty two thou¬ sand merks, to one colonel Maxwell a pa¬ pist, to whom that sum was paid, and the colonel’s acknow'ledgment of it is yet among the papers of that family. Alexander Bro¬ die of Lethin in forty thousand pounds, and a fifth part more in case it were not paid in a year. All they had against him was, that he would not depone he had not heard 19 G THE HISTORY OF THE SUFFERINGS [BOOK III. a presbyterian minister preach. His ' fine was gifted to the Scots popish college at Doway ; and an adjudication was led against his estate, which yet stands in the register of adjudications. A composition was made, and a great sum paid to the earl of Perth ; and this Lethin yet hath the earl’s receipt, if I remember, for thirty thou¬ sand pounds, which he hath promised me to send to you, if needful. Francis Brodie of Milton, on the same score was fined in nineteen thousand pounds, which was near the value of his estate, then per¬ fectly free. This was given to Gray of Crichy, who adjudged the estate, as appears yet in the registers. The happy revolution delivered him and many others. David Brodie of Pitgavenie, was fined in eighteen thousand pounds by Tannachie, who was sheriff-depute under my lord Down, and made sheriff of Murray by the king, the heritable sheriff at that time being removed, as judged to favour presbyterians. His crime was the same with the two for¬ mer. A good part of his fine was paid. Francis Brodie of Windyhills, was fined in a sum near the value of his estate, which being but small, he got it down. A great many others were called before this court, and imprisoned in Elgin tolbootli, and some of them fined, of which I cannot give the particulars, as Mark Maver, Donald Monro baxter in Elgin, John Montford chamberlain to Park, Jean Brodie, relict of Alexander Thomson merchant in Elgin, Christian Leslie daughter to Leslie of Aiken- wall, Beatrix Brodie relict of Leslie of Aikenwall, and many others I cannot name, were put in prison ; but king Charles’ death falling in, the court rose, and they were liberate. Mr James Urquhart, Mr Alexander Dunbar, and some other ministers were sent south to prison, and continued in the Bass and Blackness. Mackenzie of Siddy, by virtue of a council warrant, did likewise persecute a great many honest people. Mr Hay, and others in the west end of this country, suffered by him, and he made an unhappy end, being killed by Coil M‘Donald. I am, &c.” 1 return to the council proceedings. January 17tli, “The council order the ad¬ vocate to pursue the parishoners of Anworth, for affronts done to their minister, and the parish of Carsphairn, for the murder of their minister by some skulking rebels.” I know nothing anent the affront done to the min¬ ister of Anworth, and say no further about it. But the murder of Mr Peter Peirson at Carsphairn at the manse there, is a fact, whereof no just account, as far as I know, hath been yet given to the public ; and this, with the murder of bishop Sharp, are generally charged upon presbyterians as proofs of their practising the hellish and Jesuitical principle of assassination. I have said enough already upon the first, and here I shall give a plain account of the matter of fact at Carsphairn, which I have from a gentleman of undoubted credit, who had the detail of this matter from the persons con¬ cerned in this wickedness, and another concurring narrative from JohnMatthison,a very judicious and worthy elder in the parish of Glencairn, lately dead, who had his infor¬ mation likewise from the persons present. The regular and orthodox clergy, as they were now termed, in the southern shires, had various treatment from people in their parishes, in a proportion to their temper and management. The clamours made about the insults made upon them, w’ith the acts of council thereanent, I have noticed upon the former book It is certain, several of them, who were violent instigators of the persecution, and active informers of the persecutors, met with proportioned treat¬ ment, in itself uncivil and rude enough ; but none I can hear of were w ounded, far less murdered, as is given out, save this man at Carsphairn. Some notice hath been already taken of Mr Peirson’s violent measures, and how serviceable he w'as to the laird of Lagg, and other violent oppressors of the people of Carsphairn, and in this he came, in his narrower sphere, the nearest the primate who met w ith the same fate, of anv 1 have heard of. He was a surly ill-natured man, and horridly severe. Several of his bre¬ thren about the time of the society’s declara¬ tion, had the caution to retire for a little ; but he would needs brave it out. By the many murders in cold blood in the fields, and the severe commissions and orders given out against them, it is certain the wanderers were exasperated more than or- OF THE CHURCH OF SCOTLAND. 197 CHAP. IX.l dinarily. And I much suspect some of them were put upon the heights and extre¬ mities they ran to, by some wicked people who mixed themselves with them ; and we shall meet with somewhat of this in the matter before us. Mr Peirson was an un¬ married man, very blustering and bold, and used openly to provoke the poor people, by saying in public companies, ‘ He feared none of the whigs, nor any thing else but rats and mice.’ He lived at the manse alone, without so much as a servant with him, and kept still a number of fire arms charged in his chamber. He was openly a favourer of popery, and gave shrewd enough signs of his being popishly inclined, by defending not a few of their peculiar tenets. One time in particular, in the house of James M'Virk, in the Holm of Dalquliairn, ne defended purgatory openly, and some other such doctrines ; and frequently, in public companies, he maintained that pa¬ pists were much better subjects than pres- byterians, and other positions abundantly irritating. He was a notorious informer and instigator to all the violences in that country. Those things I do not at all no¬ tice to vindicate the fact I am going to relate, for I abhor and detest it ; but that the reader may know the true state of this matter, and what unwarrantable provoca¬ tions this ill man gave. Those, with what preceded it, are so far from vindicating this attempt, that I do not so much as plead them as alleviations, but only narrate them as vouched matters of fact, which went before this attempt. Towards the end of the last year, some few of the w'anderers, who were upon their hiding in that neighbourhood, entered into a concert, with an express proviso of doing no harm to Mi’ Peirson’ s person, to meet together and essay to force him to give a written declaration, that he would forbear instigating their enemies, and other violent courses, and deter him from them in time to come, still expressly declaring they would do him no bodily harm. Accordingly there met at the house of John Clark in Muirbroke, three miles from the kirk of Carsphairn, James M‘Miehael fowler to the laird of Maxwelton, Roger Padzen in the parish of Sanquhar, Robert Mitchell in the pavisli of New Cumnock, William Herron in the parish of Glencairn, and other accounts add, Watson, with some others ; and one night having notice that Mr Peirson w as at home, they came to the manse, and sent those named above to de¬ sire Mr Peirson to speak with some friends, w'ho were to do him no harm. One ac¬ count says, and it is not inconsistent with the other, that two of them who were sent, got in, and delivered the commission, which put Mr Peirson in a rage, and drawing a broad sword, and cocking a gun or pistol, he got betwixt them and the door; upon which they called, and M‘Michael and Padzen came to the door, and knocked. The other account makes no mention of this circumstance, but says when they knocked at the door, Mr Peirson opened it himself, and with fury came out upon them with arms ; and James M‘Michael, as he said, laying his accouut with present death if he had not done it, resolved, if he could, to be before hand with him, and firing a pistol at him, shot him dead on the spot. The rest at some distance hearing a noise, came running up, crying, take no lives ; but it was too late. However, they expressed their detestation of the fact, and separated from the four or five whom they had sent up. This account I have all rea¬ son to believe is true matter of fact, and I have candidly set it dowm as it comes from persons who were present, and may be de¬ pended upon. The body of presbyterians are no man¬ ner of way concerned in it, and the wan¬ dering sufferers who bore arms, and distin¬ guished themselves from the rest of the o presbyterians through the nation, as soon as they heard of it, discharged any of the abovenamed persons to be admitted to any of their societies, and would not be in their company, which was all the testimony they could bear against what was done, and so this fact can no more be charged even on that party, than the personal faults on the other side can be laid to their door. I only remark further, that Mitchell, Her¬ ron, and M'Michael were all of them killed one w'ay or other this year; Watson, if he be the same person we shall afterwards meet with, showed himself to be a spy sent in among the wanderers, and a tool of the 1 other side, and Roger Padzen, when cast 198 THE HISTORY OF THE SUFFERINGS [BOOK III. off by the rest, went in to the army, ’ and in a very little time was taken on to be a dragoon in captain Strachan’s troop, and by his after wicked carriage, made it very probable, that all the time he was among the wanderers, he was under pay, and informed their enemies of their haunts and lurking places. This is ihe full¬ est account I can give of this matter, and I make no question but the hand of Joab, and the influence of such villains as mixed themselves in among the people upon their hiding, had we full accounts, would be found to be in those things, that look worst, done by them. To return to the registers, January 28tli, the council direct a letter to those they had commissioned for Wigton and Kirkcud¬ bright, about their processing such who had killed captain Urquhart, and some with him ; I know no more about it than what is in the underwritten letter. It seems to have been some engagement some of the wanderers had with the captain and his party, wherein, it seems, the soldiers have been worsted. The letter runs. “ Right honourable, — his majesty’s privy council being certainly informed, that captain Ur¬ quhart hath been killed, and some others of his majesty’s forces killed and wounded, by some desperate x’cbels in your bounds, who had the boldness to attack them, whereof three were taken alive and made prisoners. The council thinking it fit that justice may be done upon those notorious desperate re¬ bels, upon the place, for greater terror and example to others, do therefore require you, immediately upon the receipt of this, to proceed and do justice on them according to your commission, you being first conven¬ ed to this purpose by colonel James Douglas colonel of the foot-guards, whom we have added to your commission, and punish them according to law and your instructions. And where they shall be found guilty, you shall forthwith cause burn their houses and the materials thereof, and secure their goods for his majesty’s use. And particularly if you find any of those rebels have been ma¬ liciously and wilfully reset at the houses of Star or Loch-head lying towards Kilrine and Craigmalloch, inquire into it. Your punctual and exact obedience is required. “ PERTH.” Upon the 3d of February the council make an act classing the prisoners, which will let us in a little to the way of their procedure at this time; and therefore I in¬ sert it. “ The lords of his majesty’s privy council resolve, that the prisoners in the several tolbooths, shall be classed as follows. Those already sentenced to the plantations for not taking the oath of allegiance, and will now take the test, be liberate. That those who are not sentenced, and will take the oath of allegiance be in another class, and liberate upon caution and enacting themselves to live regularly, and appear when called. That those who were in the rebellion, or will not disown the late trea¬ sonable declaration of war, be in a third class, and remitted to the justices. That those who refuse the allegiance, be libelled before the council in order to banishment. And in regard the prisons are already crowd¬ ed and thronged with those who are already banished, and will not take the test, the said lords order them to be liberate upon caution, as follows, viz . the heritors above an hundred merks rent, upon caution to be found by the persons who shall transport them, under the penalty of a thousand merks, to take them off the kingdom be¬ twixt and the first of May next. And in the mean time until the said day they shall live peaceably, and compear before the council if called, under the same penalty. And all others under the said rent, to be liberate, as said is, on caution for the penal¬ ty of five hundred merks Scots for ilk one of them.” 1 do not find that this act of council brought any great relief to the prisoners. However in pursuance of it, a committee is appointed to inspect the prisons of Edin¬ burgh and Canongate, and their report fol¬ lows in the registers. February 3th, “ The council, having considered the report of their committee appointed to consider the case of the prisoners in Edinburgh and the Canongate, give order to liberate five or six who have taken the test, as likewise some others not banished who take the oath of allegiance. John Mossman iii Caldermoor is remitted to the justices, in regard he will not abjure the late declaration of war, and in regard there is a seditious letter found with him. They ordain Quintin Dick and CHAP. IX.] OF THE CHURCH OF SCOTLAND. 199 Robert Sloss, lined by the commissioners at Ayr, and banished, Duncan Fergusson, John Kellie, Mr William Wisheart, Mr George Room, Alexander Heriot, John Wallet, John M‘ Almond, Andrew M‘Kart- ney, and William Sprout, banished by the council, James Kirkwood, and Alexander Wallace, under sentence of death by the commissioners at Ayr, who all refuse the abjuration or test, to be sent to his majesty’s plantations. And some others are to be processed in order to banishment. And others are referred to further examination.” But the king’s death falling in to-morrow, altered their measures with many here named. SECT. III. Of king Charles his death, February 6th, the accession of his brother, with the more general procedure of the council, during the following part of this year. The great turn of affairs by the death of king Charles II. falls now in my way ; and I shall give some short view of that, and the duke of York’s accession, before I come to narrate what was done through this year, by our Scots council, under a popish king. A deep laid plot of hell and Rome, for overturning the religion and liberties of Britain and Ireland, and introducing popery and slavery, hath been making great ad¬ vances now for many years : and ever since the duke of York had the management of things at court, in conjunction with French misses and pensioners, this design went on very fast. The English nation took the alarm, and roused themselves in brisk efforts to exclude the duke of York from succeeding ; and more than once their noble attempts this way were crushed, as hath been noticed. When thus the succession of a papist is secured, the duke and his party turned uneasy that their bloody measures went so slowly on. In Scotland indeed every thing was carried as they would have it, and nothing was stuck at to weaken the reformed interest, destroy and banish the best protestants, and to pave the way for bare-faced popery. And this nation was so far sunk, that the opposition made to those measures was very inconsi¬ derable. It was not so in England, and therefore it was seasonable, not to say necessary, for that party, king Charles should die. Especially when the king’s eyes began to open towards the beginning of this year, and it appears more than probable, he had resolved to alter his measures, and make himself easy all his life. The bill of exclusion had been stopped by the French court, who struck up a bargain to give more money upon refusing to pass the bill, than had been offered for a consent to it : and now that the duke’s succession was safe, his uneasy temper began to discover itself ; he was advancing in years, and there was no great prospect of his having any children, and all the hopes of the Roman Catholics centred in him, and no time was to be lost for ripening the grand and ex¬ tensive work they had to do : therefore the duke’s party at court lost no time, and concerted such measures, as, when the king came to smell them, effectually awakened him, but too late ! Some changes were made. Lord Lucas had the important command of the tower given him, but enjoyed it not long. The manner of his death is not unknown ; it was very sudden, and when the king heard of it, he said, ‘ God have mercy upon me, I may be the next.’ In a very few days his death followed, February 6th, and that ‘ in such a manner, and such circumstances, as (to express it in the words of one of our sufferers) must remain a problem to pos¬ terity, whether he died a natural death, or was hastened to his grave by treachery.’ This same excellent historian Dr Well wood, in his memoirs, balances the facts and appear¬ ances upon both sides, and to him I shall refer the reader in this nice point, and only add here the account of it published by authority, London Gazette, No. 2006. “ Whitehall, February 6th, 1684-5. On Monday last in the morning, our gracious sovereign king Charles II. was seized with a violent fit, by which his speech and senses were for some time taken from him, but, upon immediate applications, he re¬ covered to such a condition, as gave some hopes of his recovery, till Wednesday night. 200 THE HISTORY OF THE SUFFERINGS [BOOK III. , at w hich time his disease returning upon him w’ith greater violence, he expired this day about noon.”* Upon this the privy council met, and the duke of York is declared king. In the pro¬ clamation he is declared, ‘ by his brother’s death, their only lawful, lineal, and rightful liege lord James II. to w hom they acknow¬ ledge all faith and constant obedience.’ A phrase, in my opinion, which needs an ex¬ plication, before it can bewrell applied to any creature, much more by protestants to a pro¬ fessed papist. The new king, that same day, issues a proclamation, with a pretty singular parenthesis in it. ‘All in places of trust under his brother, are continued in his princely wisdom and care of the state, (reserving to his own judgment hereafter, the reformation and redress of any abuses in misgovernment, upon due knowledge and examination there¬ * Character of Charles II. by Mr Fox, p. 62. ‘ His ambition was directed solely against his subjects, unprincipled, ungrateful, mean and treacherous, to which may be added vindictive and remorseless. I doubt whether a single instance can be produced of his having spared the life of any one, whom motives of policy or of revenge prompted him to destroy. Upon the whole Charles II. was a bad man and a bad king ; let us not palliate his crimes ; but neither let us adopt false or doubtful imputations, for the purpose of making him a monster.’ To show that he was not altogether such, he takes notice of what he calls the best part of his char¬ acter— his kindness towards his mistresses — his affection for his children, and others nearly con¬ nected with him by blood, and that he was gay and affable, and if incapable of the. sentiments belonging to pride of a laudable sort — he was at least free from haughtiness and insolence. Soon after the death of Charles II. there ap¬ peared a pamphlet entitled, “ A true Relation of the late King’s Death ; to which are added, copies of two papers written by the late King Charles II. of blessed memory, found in the strong box.” These papers are attested by his successor James II. in the following postscript : “ This is a true copy of a paper I found in the late king my bro¬ ther’s strong box, written in his own hand. J. R. ” Assuming the genuineness of these papers, it is beyond all question that Charles received extreme unction on his deathbed, and died avowedly in the faith of Rome. He was attend¬ ed by a priest of the name of Huddelston who seems to have been useful to him after his defeat at the battle of Worcester, and who suggested his retreat in the oak. A copy of these important documents is to be found in Phoenix, vol. I. No. 16, p. 567. I see no ground for (questioning the fact that Charles died professedly a papist. If he ever had any religion, it was unquestionably the Roman Catholic. On its principles and in its false and persecuting spirit, he acted throughout ; and he is canonized in its holy calendars. — Ed. of.)’ This reservation I leave to the read¬ er to interpret ; I can only do it from this prince’s after-practice, from whence we may gather, that when the reformation and re¬ dress of a protestant kingdom is left to a popish prince’s own judgment, it will be by raising a standing army of papists, reducing charters, corrupting of the universities, and other methods well known and felt under this reign. At the first meeting with the privy coun¬ cil, the king made a declaration, which hath been more than once published, “ That he will endeavour to follow his brother’s ex¬ ample, especially in his clemency and ten¬ derness to his people. He observes, that he (the king) was reported to be for arbitrary power, but that was not the only story made of him ; that he would endeavour to pre¬ serve the government both in church and state, as it is now by law established ; that he knows the principles of the Church of England are for monarchy, and its members have shown themselves good and loyal sub¬ jects, therefore he would always take care to support and defend it ; that the laws of England are sufficient to make the king as great a monarch as he could wish ; and as he will never depart from the just rights and prerogatives of the crown, so he w ill never invade any man’s property ; that he had often ventured his life in defence of the nation, and still wrould go as far as any man in preserving it in all its just liberties.” Those assurances, at the humble suit (so it was concerted) of the lords present, w ere made public ; and how well they were kept, the historians of this reign do largely enough show us. And now when we have the in¬ fallible commentary of an after-practice, we may safely conclude all w as calculated to gull and cheat the protestants of England. For the benefit of such as have not the De¬ claration by them, I have insert the words of it, on which this natural remark arises, that it appeareth in its very phrases and ex¬ pressions, which are capable of more senses than one, to have been the model according to which the declarations of his pretended and attainted son are formed, wrhich his party have spread since king George’s hap¬ py accession to the throne. And all sincere protestants may easily conclude, that the CHAP. IX.] OF THE CHURCH OF SCOTLAND. 201 Jast professions are so much the less to be depended upon, than those of his father, by how much his obligations to those lands have been less, and his education more deep¬ ly jcsuitical and tyrannical. Besides this declaration, care was taken at London, that this king, popish as he was, should take the English coronation oath, but with what alterations and changes I will not take upon me to say. Firm protestants at this time had a violent suspicion of un¬ fair dealing in this matter, and it was pub¬ licly asserted by the chief baron Aitkins, upon no meaner occasion than his adminis¬ trating the oaths to Sir William Ashurst lord mayor of London, 1693, “ That as al¬ terations were made by bishop Laud, in striking out those words which were a part of the old English coronation oath, ‘ That the king should consent to such laws as the people should choose,’ when he crowned king Charles I. so at the coronation of the late king James II. there was much more struck out of the coronation oath, which might be well worth inquiring how it came about.” I doubt not the chief baron had reason for what he said so publicly. Yea, the jest of his good inclinations towards the church of England and liberties of the nation, was carried so far in his speech to the par¬ liament of that nation, and he and they were like to be so well for some time, that king James’ friends over the water were brought to a stand, so that one of the prime ministers in France wrote over to the ambassador at London, June 29th, this year, in terms no lower than these. “ The king’s speech is of a strain that looks quite contrary to what we expected. The king (of France) can scarce believe there is any change in the affections of that prince, yet knows not what to make of that new manner of expressing himself on so public an occasion. If he and his parliament come to a cordial trust in one another, it may probably change all the measures we have been so long concerting for the glory of our monarch, and establishment of the catholic religion.” But they were quickly eased of their fears, and fully satisfied of king James’ good intentions. I must leave those things to the English historians. That I may return to Scotland : February | IV. 10th, our managers have an express heal ing the king’s death, and a letter 1685' from the secretaries with the draught of a proclamation to be published immediately. The secretaries’ letter I have inserted be¬ low,* and need not make remarks. On so extraordinary an occasion we see the suffer¬ ing party are not forgot; and, it seems, the king’s faithful servants at Edinburgh, cannot be entrusted with the form of the proclamation, but it is sent down from London. That same day February 10th, the council publish the proclamation, which is added at the foot of the page*. It is * Secretaries’ letter to the council upon the king's death, Feb. 6lh, 1685. Whitehall, Feb. 6th. Right Honourable, It having pleased God this day to call, to his eternal rest, liis late majesty king Charles II. of ever blessed memory, we are, by his now majes¬ ty king James VII. (whom God long bless and prosper ) commanded to give you notice thereof, and to send you his letter here inclosed, with a proclamation to be published as soon as conve¬ niently can be, after your first meeting, of both which we send you the copies under this cover, and so need not trouble you with the repetition of the contents, not doubting but your lordships will take special care to see his majesty’s royal pleasure, therein mentioned, soon and effectually put in execution. In the meanwhile we judge it our duties, to put your lordships in mind of pro¬ claiming his said now majesty king James VII. by the grace of God, king of Scotland, England, France, and Ireland, defender of the faith, &c. with the solemnities, and in the most proper me¬ thods, on the like happy occasions accustomed, with all possible diligence after your meeting and before the publishing of the said proclamation. And although we are in great haste to despatch this packet, which is of so great importance to his majesty’s service, and the well and happiness of that his ancient kingdom ; yet we cannot but add, what we have further in command from his majesty, that in case there be any embargo, by you, laid upon ships from going to any place beyond sea, it is his pleasure, that the same be now taken off, but nevertheless, that all possible care be taken for searching all ships that shall arrive in any port of that kingdom from beyond sea, and that such passengers, as shall come over, may be secured, and not set at liberty until your lordships shall be fully informed and satisfi¬ ed that they are guilty of no crime against the government, either in church or state, as now esta¬ blished by law in any of his majesty’s dominions. To the right honourable, A Right honourable, &c. Earl of Perth lord high > Mu rray. Chancellor. J Drummond. f Proclamation, king James VII. Edinburgh, Feb. 10 yet I need not make many remarks upon it. Their compliments run so high upon the late king, The lord archbishop of Glasgow. The lord marquis of Athole lord privy seal. The lord duke of Hamilton. The lord marquis of Douglas. The earl of Drumlanrig. The earl of Winton, The earl of Linlithgow lord justice general. The earl of Southesk, L. Advocate. The earl of Panmure. L. Justice-clerk. The earl of Tweeddale. L. Castle-liill. The earl of Balcarras. Gen. lieut. Drummond The lord Yester. Drumelzier. The lord Kinnaird. Abbotshall. L. Register. Gossford. L. President of the session. Colonel Graham of Claverhouse. Forasmuch as it hath pleased the almighty God to call Charles II. our late sovereign lord of glorious and ever blessed memory, from a tem¬ porary crown, to inherit an eternal in the hea¬ vens : whereby the undoubted right of succession to him, in the imperial crown of this realm, was immediately devolved on the sacred person of his royal and dearest brother, our present sacred sovereign (whom God long preserve) therefore we, the lords of his majesty’s privy council, au¬ thorized in that capacity, by bis majesty’s royal letter, bearing date, at Whitehall the sixth day of February instant, do, with the concurrence of several other lords spiritual and temporal, barons, and burgesses of this realm, hereby declare and proclaim to all the world, that our sovereign lord James VII. is, by lawful and undoubted suc¬ cession and descent, king of Scotland, England, France, and Ireland, and the dominions there¬ unto belonging, defender of the faith, &c. (whom God preserve and bless with a long, glorious, happy life, and prosperous reign) and whom we shall humbly obey, dutifully and faithfully serve, maintain and defend, with our lives and fortunes against all deadly, as our only righteous king and sovereign, over all persons, and in all causes, as holding his imperial crown from God alone. And, for testification whereof, we here, in pre¬ sence of the almighty God, and a great number of his majesty’s faithful people, of all estates and qualities, who are assisting with us at this so¬ lemn publication of our due, humble, and faith¬ ful acknowledgment of his supreme sovereign authority at the market-cross of the city of Edin¬ burgh, declare and publish, that our said sover¬ eign lord, by the goodness and providence of almighty God, is of Scotland, England, France and Ireland, and dominions thereunto belonging, the most potent, mighty, and undoubted king. And hereby give our oaths, with uplifted hands, that we shall bear true and faithful allegiance unto our said sacred sovereign James VII. king of Great Britain, France, and Ii’eland, defender of the faith, &c. and to his lawful heirs and suc¬ cessors, and shall perform all duties, service and obedience to him, as becomes his faithful, loyal, and dutiful subjects. So help us God. Per actum Dominorum secreti Concilii. Will. Paterson, Cl. Seer. Concilii. Gad save king James VII. as to place him assuredly in heaven.* And to the present king, after a recognition of his title by an order from himself, they take an oath of allegiance and supremacy in the very proclamation, and involve all pi’esent with themselves in those. Those methods are new ; only I am of opinion, the pre- latic hierarchy in Scotland is now at its right fountain, when owning the absolute supremacy of a papist. I shall only notice further, that in the registers after this and the proclamation, the chancellor stands be- fore the archbishop of St Andrews. In the afternoon the council, after they had taken the oaths, write a most loyal letter to the king. And February 1 2th, they send up the earl of Drumlanarkf to congratulate the king upon his accession, and condole the death of his brother. I have before me the congi-atulatory address of the town of Edin¬ burgh upon this occasion, with the king’s answer. Both are, in my opinion, so flat that they need not be preserved in this collection. It is more worth while to notice, that our managers at Edinburgh took no care to have the king taking our Scots coronation oath. For any thing I know, he might have swallowed it as well as the English. * In Wei wood’s memoii’s, p. 191. thei'e is a translation of some inscriptions of the most ful¬ some, and even blasphemous kind by the Jesuits on the accession of James, and death of his bro¬ ther Charles — as thus, ‘English noblemen were sent to other kings to acquaint them with king James’ accession to the crown : but Charles was the first that bi’ought the news of it to heaven. It was but natural for kings to send and x’eceive princes as ambassador's, but it became the Al¬ mighty to x'eceive, and James to send no am¬ bassador but a king. — Ed. f This was James afterwai'ds second duke of Queensberry. His character is drawn thus in Carstairs’ state papers, p. 96. “ This nobleman commanded a regt. of horse at the Revolution ; when he left king James at the same time with the duke of Ormond, and joined the prince of Orange, who made him a gentleman of his bed chamber and captain of the Scottish troop of guards. Towards the end of king William’s reign, he had the gartei', was made seci’etary of state for Scotland, and commissioner to the par¬ liament of that kingdoin. Upon queen Anne’s accession, he was much in favour, and contin¬ ued in both these employments — but was atone time discharged of till his employments — he was restored not long after; wa3 commissioner of the last Scottish parliament, and had the chief hand in accomplishing the union of the two kingdoms. Fie is a nobleman of fine natural dispositions, of easy access, has a genteel address, and much the manner of a man of quality. — Ed. CHAP. IX.] OF THE CHURCH OF SCOTLAND. 203 His loyal servants here did not give him the trouble of it, either as being entirely satisfied with the king’s good intentions, or willing to go along with his designs be what they would. The loss was not very great to Scotland, since his religion, which led him to keep no faith with heretics, could have furnished him with a dispensa¬ tion from his oath, though he had taken it. However, his never taking any coronation oath for Scotland, made a good many question his right and title to govern, and reckon him, abstracting from his religion, which by our fundamental laws incapaci¬ tates him to rule, king de facto, but never de jure. Yea, this made his forfeiture very easy to our convention of estates, April 1 1th 1689, and they very justly declare and find, that, “Whereas he being a professed 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 obliged to swear to maintain the protestant religion, and to rule the people according to the laudable laws ; and did, by advice of wicked and evil counsellors, invade the funda¬ mental constitution of the kingdom, and altered it from a legal limited monarchy, to a despotic power, &c. and hath exercised the same to the subversion of the protestant religion, and liberties of the kingdom, inverting all the ends of government, that by all this he hath forfeited the right to the crowrn, and the throne is become vacant.” Plain it is then, that in Scotland we needed not concern ourselves with the debates our neighbours had about abdication ; as in England he was found to have abdicated, so in Scotland, being a professed papist, and never having taken the coronation oath, he W'as found to have assumed the regal power, and only to have acted as a king, and by our Scots law he was never king de jure. Thus the wicked were snared in the w ork of their own hands. His servants in Scotland, for so I may call them, being entirely at his disposal, even under his brother’s reign, projected to please their master, and unhinge our constitution, by waving the king’s taking the coronation oath, and huddling over this important matter, made so plainly necessary by our fundamental laws, and hereby they ^ framed the net wherein he was taken, and laid the foundation for a process of treason against themselves, had they been dealt by as they dealt with others, as well as of the throne’s being declared vacant. And since I am fallen in upon rights and titles, the reader will permit me to remark, as a consequent of what is above, that our excellent sovereign king George had a legal undoubted right and title to the king¬ dom of Scotland, in case of Queen Anne’s demise, even antecedently to the union of Scotland and England, and comes in by the laws of Scotland, whereby all papists are excluded upon the queen’s decease, as our only rightful and lawful king, upon his taking the coronation oath, as king William and queen Mary did upon king James5 forfeiture and abdication, and succeeds upon that same revolution and parliamen¬ tary foot and bottom, upon which queen Anne succeeded upon the demise of queen Mary and king William. And as none, who own the revolution, can in the least hesitate upon his most excellent majesty, his royal highness the prince of Wales, and their issue, their right and title, so happily recognised and fixed by the ex¬ plicit declarations of the separate parlia¬ ments of both kingdoms, upon foundations preceding the treaty then in view ; so nobody wrho consideretli matters, can have any difficulty to believe and declare, that the attainted Pretender hath no right or title wliatsomever to those realms ; and to be sure, no Scotsman who values our reformation, liberty, and unalterable con¬ stitution confirmed by so many laws and oaths can set up for that nursling of popery and tyranny. If his pretended father never had any legal right, if the throne by our law w7as in a manner vacant during his assumption of the royal power, if by being a professed papist, and not taking the coronation oath, whereby the mutual re¬ lation betwixt sovereign and subject is fixed, the father had no right, where in all the world can the title be acclaimed by his pretended son, not only a pi’ofessed, but nicely educated, and carefully confirmed and bigotted papist ? nothing certainly can make a Scotsman, and much more a Scots 204 the history of protestant, fond of this son of Rome, ■* ' ‘ and nursling of the late French ty¬ rant, with a view to his grand project of the universal monarchy, hut plain infatuation, and strong delusions for not receiving the love of the truth. Our present circumstan¬ ces (November 1715,) made this natural re¬ mark, from this matter of fact, offering itself in the detail of this history, appear necessary at this juncture. To return again to the proper subject of this history, king James after his accession to the throne, continued all the civil and military officers in their posts for some time, and no other could be expected, since they were, generally speaking, of the duke of York’s faction in his brother’s time, and matters went on much in the former chan¬ nel ; the public management, especially as to the persecution, having been now for a good while in the hands of the duke’s ser¬ vants, and such who were papists or favour¬ ers of them; and the presbyterians, as we heard, found this sensibly. When the council is thus allowed to act by their new king, let me give some narra¬ tive of their procedure this year. It is only their general actings I’ll reach in this section, and shall reserve what relates to particular persons to the following, and several of their actings will come in upon their proper sub¬ jects in the following sections. We see they begin their persecution very soon, or rather just go forward with it. February 12th, the following letter is directed by them to the earl of Carnwath for Clydesdale, Glencairn for Renfrew, lord Bargeny for Ayr, the laird of Orbiston for Dumbarton and Stirling, earl of Annandale for Nitlisdale and Annandale, the viscount of Kenmuir for Wigton and Kirkcudbright, lord Jedburgh for Teviotdale and Jedburgh, laird of Hayning for Selkirk, earl of Hume for Berwick, and laird of Blackbarony for Peebles. “ It having pleased Almighty God, to call from this temporal life to his immor¬ tal glory, our late dread sovereign, his present majesty king James VII. having by his royal proclamation allowed all his judges and officers to act as formerly, until they receive new commissions, the lords of his majesty’s privy council have ordered us to signify to you, that you continue to act by THE SUFFERINGS [BOOK III. virtue of your former commission in all points. “ William Paterson, Col. Mackenzie.” The letter to Carnwath bears thanks to him, and lieutenant-colonel Buchan, for their activity against rebels lately in arms. And February 13th, the council record their thanks to those for defeating eighty rebels in arms, and killing one of them, and send¬ ing in three prisoners under a guard. And February 10th the council order all passes, given according to their act December 13th last, to have this clause added in the oath of abjuration. “ I do solemnly swear not to take up arms against the king, or any commissioned by him and that the passes be reprinted with this addition. That same day the sheriff of Dumfries is appointed to convene the shire, and provide for the gar¬ rison of Blackwood. I imagine that ought to be the sheriff of Lanark. February 26th, The following letter is written to the council commissioners. “Right honourable, — his majesty’s privy council are well satisfied with the accounts they have of your procedure in prosecuting the commission and instructions given by them to you ; and finding it fit for his ma¬ jesty’s service in the present juncture, that you vigorously prosecute what remains by you undone, and particularly those instruc¬ tions relating to the justiciary part of your commission, have recommended for that end, that you meet with all diligence, and give over keeping particular meetings, un¬ til the whole business intrusted to you be perfected ; and as to the prisoners now in your hands, you are forthwith to proceed against them according to law, and re¬ port.” To give the country a good idea of the new king at his entry to the exercise of the government, an indemnity is published at Edinburgh, very narrow and limited. We have heard, that somewhat of this nature had been upon the file since last year about this time. It bears date February 26th, and is published March 2d. The name of an indemnity was enough to fill people’s mouths with encomiums of the tenderness, lenity, and what not of the king’s reign ; but it was so clogged, that the common CHAP. IX.] OF THE CHURCH OF SCOTLAND. 205 people could receive very little ease; and the improvements made upon it in the fa¬ vours of a popish king, could make few proselytes, being flatly contradicted by ex¬ perience, and the daily barbarities of those who bore his commission. The copy of this indemnity, such as it was, the reader will find in the note below,* and I need * King's indemnity, February 26th, and March 2d, 1685. James R. James VII. by the grace of God, king of Scot¬ land, England, P'rance, and Ireland, Defender of the Faith, &c. To all and sundry our good subjects, whom these presents do, or may con¬ cern, greeting : we taking into our royal consid¬ eration, that notwithstanding the prudence, justice, and unparalleled clemency, which did ever accompany the governmentof our most dear, and most entirely beloved brother, king Charles II. of ever blessed memory, several wicked and seditious subjects, did break out into open rebel¬ lions and conspiracies, against his sacred person and government. And albeit, God did on all occasions manifest his wrath against them and their enterprises, so as their designs were defeat¬ ed, and several of their persons brought to con¬ dign and just punishment, yet some few of them were either so malicious or foolish, as to be en¬ snared by others to persevere in their hellish principles and practices, both in defiance of all law and justice, and in open contempt of the reiterated pardons, published and offered by his said late majesty. And now our royal prudence, and the care of our people obliging us to take full information of the chief movers, and most active instruments in these pernicious commotions, be¬ fore we determine our royal pleasure concerning them, which we hope to attain in a very short time ; yet as a demonstration of our innate clemen¬ cy, ( which also has shined in the whole line of our royal race) and of our resolution to imitate the glorious example of our said dearest royal bro¬ ther, we have resolved to pardon : likeas, wg do hereby pardon, indemnify, and forgive all our subjects in our ancient kingdom of Scotland, under, and below the degree of heritors, liferent- ers, wadsetters, burgesses of burghs royal, and vagrant preachers, of all rebellions, treasons, seditions, insurrections, reset, intercommuning, fire-raising, robberies, slaughters, free quarters, leasing-making, concealing of treason, and of all crimes in general committed by them, or any one of them, by word, writ, or deeds, against our government and the laws of our kingdom, in any time preceding the date of this our royal procla¬ mation. Declaring hereby all and every one of them free and secure from all punishments, or trouble for the same, either in their persons or goods, in all time coming. Excepting only as to such fines, for which already sentences are pronounced : and likewise excepting from this our gracious pardon, all those who are guilty of the assassination of James late archbishop of St Andrews, Peirson minister at Carsphairn, Thomas Kennoway, and Duncan Stuart. And we do hereby declare our royal will and pleasure, that this act of indemnity and pardon, shall be extended to all who are at present declared fugi¬ tives, providing these fugitives make address make but few remarks upon it, after what is already set down in this 1 history. It is so narrow, that it scarce de¬ serves its name, and very much agrees with the nature of those favours protestant sub¬ jects may expect from a popish prince. The king is made to commend his brother’s cle¬ mency, as what aggravated what is now called rebellion. I am apt enough to sup¬ pose, that king Charles’s government might have been much more easy than it was, had it not been for the duke and bishops ; but the virulence of the high-flying prelatists, who really in some things go beyond the more moderate papists, with the violent measures of the furious and bigotted party. within twenty days after the publication hereof, to our privy council, our justice-court, or any of our sheriffs in our said kingdom, testifying their acceptance of this our pardon, by taking the oath of allegiance, or otherwise finding caution to transport themselves out of our three dominions of Scotland, England, and Irelaud, before the twentieth day of May next, ensuing the date of these presents, and to live peaceably after the said publication, until they shall transport them¬ selves, and never to return to any part or place of our said dominions, without a licence from us, or our privy council aforesaid, under pain of death. And we do command, that this our par¬ don and indemnity be applied and understood in the most ample sense and meaning, whereof the words are capable, and that no person included therein be troubled or molested, for any cause aforesaid in judgment, or out with the same in any time hereafter. And lastly, to the end all our good subjects may have notice of this our royal will and pleasure, we do hereby command our lyou king at arms, and his brethren, heralds, macers, pursuivants, and messengers at arms, to make timeous proclamation hereof) at the market-cross of Edinburgh. Given at our court at Whitehall, the twenty sixth of February, 1684-5, and of our reign the first year. By his majesty’s command, John Drummond. Edinburgh, the second day of March, 1685. The lords of his majesty’s privy council ordain his majesty’s gracious indemnity above- written, to be published at the market-cross of Edin¬ burgh, with the usual and accustomed solemni¬ ties ; and thereafter ordain the same to be printed, and published at the whole market-crosses of the head burghs of the shires of this kingdom, and other places needful, by the several sheriffs, and others concerned ; and recommend to the arch¬ bishops and bishops, to cause their several min¬ isters read from the pulpit on a Lord’s day, af¬ ter divine service, his majesty’s said gracious indemnity, that all persons concerned may have notice of the same. Col. Mackenzie, C). Seer. Coucilii. God save the King. 206 THE HISTORY OF THE SUFFERINGS [BOOK III. ioso. force(j the jate king' to courses and extremities perhaps otherwise he would not have gone to. And as a pretext to clog the indemnity as much as might be, the king declares, “ that prudence and his care of his people oblige him to inform himself of the chief movers and instruments of the present commotions.” These are scored off and excepted from the indemnity, and to bear them company, all heritors, liferenters, wadsetters, burgesses, and vagrant preachers, so very few remain, save tradesmen, and tenants in the coun¬ try, cottars, and vagrant beggars, to partici¬ pate of this demonstration of the innate cle¬ mency of his majesty, which, he is made to add, hath shined in the whole line of his royal race, witness the compassion shown in the matter of the palatinate, to their own flesh, and the Irish massacre, with the pro¬ cedure these twenty years and upwards since the high commission. This indem¬ nity seems to have been chiefly for treason, &c. against the king’s government, which is but three weeks old or thereby, unless what followed, and the laws of our king¬ dom extend it further. In short, all who have any benefit by it, are to be so loaded with oaths, that, for what I can learn, very few pleaded it. The ordinary exception of the murderers of the archbishop is contin¬ ued, and those of Mr Pierson minister at Carsphairn, Kennoway, and Stuart, are now classed with them. March 2d, the king’s letter is read, de¬ siring the lord chancellor and treasurer to come up to court about matters of great importance, and requiring the counsellors to continue at Edinburgh, but allowing them, upon any emergency, to permit the officers of the army to go to the country. March Gth, the advocate is ordered to pro¬ cess the heritors of Irongray, for an abuse committed upon their minister ; I know no more about it. And the commissioners of the shire of Lanark are appointed to meet, and call together the militia, and fine the absents. A letter from the king is read March 8th, which deserves a room here. “ Right trusty, &c. Our dearest royal brother, of ever blessed memory, having upon a letter from you, dated September 27tli last, em¬ powered his advocate to refer to the oaths of such as should be pursued for conspira¬ cies, reset, or intercommuning, or accession, to those crimes in so far as their guilt might infer an arbitrary punishment, and pecu¬ niary mulct ; which being only to continue till the first of April next, we finding it ex¬ pedient, very useful for detecting crimes already committed and deterring others from entering to such combinations, do therefore renew the said warrant, with those alterations and additions only, that this our warrant shall extend to concealing of trea¬ sons, as well as to the other crimes therein specified ; and that the said power shall be extended to such as derive commissions from you, and shall continue till the sitting of our parliament, approving what is done by you, or any who had power from you. Whitehall y March 3 d. “ Drummond.” Observations have been already made up¬ on this power given to the advocate, and this letter is designed to prelimit the par¬ liament in the processes to be before them, when they meet, March 14th. “ The coun¬ cil order all the commons, liberate by the indemnity, to be passed, if they take the abjuration, even though under sentence of banishment. But such as refuse to swear the clause not to rise in arms, are to be de¬ tained as having committed a new crime, and against whom the government can have no security. They order likewise all pris¬ oners, even heritors, imprisoned for not ta¬ king the allegiance, to be liberate upon their taking the test. And all women im¬ prisoned for reset and converse, or wicked principles, are to be liberate on their taking the abj uration.” This day several renounce their being heritors, plead the indemnity, and are liberate. March 24th, “ The lords of council being informed that a number of desperate rebels in arms hath gone through the shire of Ayr, and no notice is taken of them, colonel Douglas, or the commanders of the garri¬ sons, are empowered immediately to punish the commons who did not inform against them, according to law, and to take bonds of the heritors on whose ground they ap- CIIAP. IX.] OF THE CHURCH OF SCOTLAND. 207 peared, to compear before the council in April.” These termed desperate rebels, now going up and down, were only a few of Mr Ren wick’s followers, coming and going to his sermons in arms. However a handle is made of every thing for establishing new courts, and harassing the west and south. So, March 27th, a commission with a jus¬ ticiary power is granted to colonel James Douglas, and others he deputes, in high terms. It is annexed,* as a note below. * Commission to Colonel Dovglas, March '■21th, 1685. James, by the grace of God, &c. greeting. Forasmuch as we and the lords of our privy council, understanding that the insolence and numbers of some desperate rebels, skulking up and down in some southern and western shires, do daily increase through supine negligence of these sheriffs and other magistrates, who ought to expel them, and the reset and harbour they have had from others ; and we being fully re¬ solved as to extirpate these rebels, so to put out¬ laws in execution against these sheriffs and other magistrates, who have not done their duty, and against such as have, do, or shall reset, entertain, or correspond with any rebels, vagrant, or skulk¬ ing persons, who can give no good account of themselves, and have not given intelligence of them and their haunts timeously, have therefore thought fit, with advice of our privy council, to commissionate ; likeas, we do hereby make and constitute, our trusty and well beloved coun¬ sellor, colonel James Douglas, colonel of our regiment of guards, to be our justice in all the southern and western shires, to the effect under¬ written ; with full power to him to call courts at such times and places as he shall find expedient, and then and there to create clerk, sergeants, dempsters, and other members of court needful, to call assizers and witnesses necessary, absents to amerciate, unlaws and amerciaments to uplift and exact; and if he find any persons, heritors or others, guilty of reset, harbouring, or enter¬ taining or corresponding with rebels, that he cause justice forthwith to be done upon them, conform to the laws and acts of parliament of this kingdom ; with power also to the said colonel James Douglas, to call and convene before him all persons, whether heritors or commoners, upon whose ground x-ebels have appeared, and no intelligence or advertisement thereof given, and to proceed and punish them conform to the laws of this our realm ; and particularly conform to a proclamation of our council, dated the day of And to the effect these desperate rebels may be absolutely reduced and expelled forth of this kingdom, we hereby empower you our commissoner foresaid, to call to your assistance, all magistrates, heritors, officers, and soldiers of our standing forces, and of our militia upon the place, and under your command, and all feucible men within these shires, as you shall have occasion, conform to the instructions formerly given, who are hereby strictly required and commanded to rise, concur with, fortify, and assist you, and obey your orders, as they will answer the contrary upon their allegiance ; and generally you are to do all No observes on it are needful, after what of this kind we have met with 1685 formerly. And April 16th, a proclamation is issued, ordering- the soldiers to pay what and every thing which may conduce to our service, and the peace of the kingdom. And to the effect you may be assisted in the prosecu¬ tion of our commission aforesaid, to the haill ends and purposes above-mentioned, by able, loyal, and qualified persons, we, with advice of the said lords, do hereby authorise, empower, and command the persons underwritten, iz. John earl of Carnwath, William Hamilton of Orbiston, Cromwel Lockhart of Lee, John Johnston provost of Glasgow, James Lundie of Stratharly, Somer wel of Spittle sberiff-de- pute of Lanark, William Hamilton of Barn- cleugh bailie-deputeof the regality of Hamilton, and William Stirling, bailie-depute of the rega¬ lity of Glasgow, allin the sheriffdom of Lanark ; the earl of Glencairn, the lord Cochran, the lord Ross, the said William Hamilton of Orbiston, Houston younger of that ilk, John Shaw younger of Greenock, and Sir Archibald Stuart of Blackhall, all in the shire of Renfrew ; John lord Bargeny, Sir Blair of that ilk, Sir Archibald Kennedy of Collzean, Sir William Wallace of Craigie, Hugh Cathcart of Carleton, and Robert Hunter provost of Ayr, all in the shire of Ayr; the said William Hamilton of Orbiston, of Luss, major George Arnot lieutenant-governor of the castle of Dum¬ barton, of Ardincaple, John Graham of Dougalston, the earl of Mar, his sheriff-de- putes in the shire of Stirling, all in the shires of Dumbarton and Stirling ; the earl of Annan- dale. Sir Robert Dalziel of Glenae, Sir Robert Grierson of Lagg, Sir James Johnston of Wester- raw, Thomas Kilpatrick of Closburn, and Ro¬ bert Lawrie of Maxwelton, in tbe shire of Nith- dale, and stewartry of Antiandale ; the viscount of Kenmuir, the said Robert Grierson of Lagg, Sir David Dunbar of Baldoon, Sir Godfrey M'Culloch of Mireton, and Mr David Graham sheriff of Galloway, in the shire of Wigton, and stewartry of Kircudbright; the lord Jedburgh, lord Cranston, M‘Dougal of Mackerston, Sir William Douglasof Cavers, Sir William Ker of Greenhead, Sir William Elliot of Stobs, and William Ker of Chatto, all in the shire of Teviotdale ; John Riddel of Hayning, Sir Francis Scot of Thirlstone, Tho¬ mas Scot of Whitsdale, Sir Robert Pringle of Stichel, Plumber of Middlestead, and James Murray younger of Deuchar, in the shire of Selkirk; Sir Archibald Cockburn of Lanton, Sir James Cockburn of that ilk, Hume of Linthill, Hume of Nineholcs, the earl of Hume, and Mr Charles Hume of Ayton, for the shire of Berwick ; Sir Archibald Murray of Blackbarony, David Mur¬ ray of Stenhope, James Naismith of Posso, James Geddes of Kirkhurd, Richard Murray of Spittle-haugh, and William Horseburgh of that ilk, all in the shire of Peebles; and Cap¬ tain John Dalziel, captain John Strachan, cap¬ tain John Inglis, Captain William Cleland. captain Alexander Bruce, captain-lieutenant Thomas Windram, lieutenant James Murray, lieutenant Livingstone, lieutenant John Crichton, lieutenant Lauder, cornet James Dundas, Bailie, and James, cornets, all THE HISTORY OF THE SUFFERINGS [BOOK III. SOS they take on in their quarters. But } ‘ this was of little use, because there was none to execute it. The council send west lieutenaut-general Drummond, April 25th, to harass the west and south, and that only for pretended reset and converse, when no other thing could be laid to their charge. His powers are very large, as appears by his commission, the tenor whereof follows. “James, by the grace of God, &c. greeting. Forasmuch as, notwithstanding of all the endeavours used by us, for suppressing and punishing rebels, fugitives, vagrant, and skulkingpersons,who disturb our government, and peace and quiet of our good and loyal subjects, in the south¬ ern and western shires ; yet, by reason of the reset, supply, and harbour which they have, and is afforded from some persons disaffected to our government in these shires, their number and insolence still increases ; and when any of our forces do march in search of them, as they draw together in companies and bodies, nevertheless they dis¬ sipate and evanish, and are hid, sheltered, and maintained privately in the houses of wicked and disloyal people, without being pursued, expelled, or intelligence given of them, conform to our laws, and proclamation of the date of the day of , to the high and manifest contempt of our au¬ thority, and affront of our government : and we being resolved to extirpate such rebels, fugitives, skulking, and vagrant persons, as disturb the peace and quiet of our govern¬ ment, and to punish severely, conform to officers of our standing forces, to concur with you when present, and in your absence, any three of them, to follow such directions and in¬ structions as they shall from you receive, from time to time; it being always but prejudice to such of the said persons as were formerly com- missionate in the said shires, to act, do, and per¬ form every manner of way, conform to the former commissions and instructions given them by our privy council, except where you judge necessary to alter the same ; for doing all which, this shall be to you and them a sufficient war¬ rant and exoneration : and this our commission to you and them, we declare is to endure in full force, until the twentieth day of April next, unless the same be further prolonged, or recall¬ ed. Given at Edinburgh, the twenty seventh day of March, one thousand six hundred eighty and five, and of our reign the first year. Subscribed ut sederunt, except Ci.averhouse. * the prescript of our laws and proclamations, all such persons/ whether magistrates, her¬ itors, or others, as have been negligent in their duty foresaid, have therefore thought fit, with advice of our privy council, to commissionate ; likeas, we do hereby make and constitute our trusty and well-beloved counsellor, general-lieutenant Drummond, master general of our ordnance, to be our commissioner and justice in all the southern and western shires, to the effect underwrit¬ ten^ wSlh power to him to call and hold courts, at such times and places as he shall think expedient ; and there to create clerks, sergeants, dempsters, and all other members of court needful, to call assizers and wit¬ nesses, absents to amerciate, unlaws and amerciaments to uplift and exact ; and if he finds any persons, heritors, or others, guilty of reset, harbour, and intercommuning, or corresponding with rebels, that he cause justice to be done forthwith upon them, conform to the laws and acts of parliament of this our realm ; with power also to our said commissioner, to call and convene be¬ fore him all persons, whether heritors or commissioners, upon whose ground rebels have appeared, and no intelligence nor ad¬ vertisement thereof given, and to proceed against and punish them, according to the laws of this our realm, and particularly conform to the foresaid proclamation, of the date and to the effect these desperate rebels may be totally reduced and expelled forth of this kingdom, we hereby fully em¬ power you our commissioner foresaid, to call to your assistance all magistrates, her¬ itors, officers of our standing forces, and of our militia on the place, and all fencible men within the said shires, from time to time, as you shall have occasion, conform to your instructions; and particularly you are to take under your command, those highland¬ ers now to be employed in our service, who all are hereby strictly required and commanded to march, concur with, fortify, and assist you in this our service, and obey your order, as they will answer the contrary on their allegiance : and generally you are to do all and every other thing which may conduce to our service, and the peace and tranquillity of this our realm : for doing all which this shall be to you and them and aL CHAP. IX.] OF THE CHURCH OF SCOTLAND. 209 others concerned, a sufficieift warrant, and to continue and endure in full force, until the first day of June next, in case the same be not sooner recalled. And further, we hereby declare all former commissions granted by us or our privy council, for trying or pun¬ ishing the said crimes in the country, either to noblemen, gentlemen, or officers ot our army, to be void and extinct. Given under our signet at Edinburgh, the twenty first day of April, 1 665, and of our rdfgn „tl>e first year. Queensberry, commissioner, Perth, cancel. Arch. St Andrews, Alexander, Glasguen. Hamilton, Douglas, Drumlanark Errol, Marishal, Mar, Glencairn, Linlithgow. At the same time they give him the follow- ins' instructions. > o Instructions to general-lieutenant Drummond, in prosecution of a commission given to him by hiS'^iajesty’ s high commissioner, and lords of privy council, of the date hereof, for marching to the southern and western shires. Edinburgh, 2 1 st April, 1 685. “ lmo. You are to employ all his majes¬ ty’s standing forces in the southern and western shires, or so many of them as you shall find expedient, for pursuing, suppress¬ ing, and utterly destroying all such fugi¬ tive rebels as resist and disturb the peace and quiet of his majesty’s government, and his loyal subjects ; and you are to cause immediatelv shoot such of them to death, as you find actually in arms. “2 do. You shall give order to apprehend all persons suspect for harbourers or reset¬ ters of rebels, and fugitive vagabonds, and punish such as you find guilty, according to law. “ 3 tio. You are to cause examine in every parish where you shall think fit, who of them hath not taken the late oath of ab¬ juration, or are guilty of withdrawing from the church, or other irregularities, and pu¬ nish them accordingly. IV. “ 4 to. You are hereby warranted and authorised to take free quarters for 5 all under your command, (they not being of his majesty’s forces,) in all places and par¬ ishes where rebels, fugitives, and vagabonds are suspect to be harboured, reset, and con¬ nived at, and from whence no intelligence of them has been given to the officers of the army, or magistrates. “ 5to. If any fugitives or rebels make ap¬ plication to you for the king’s mercy, or supplicate for the benefit of liis majesty’s gracious indemnity, (even after the time thereby allowedis elapsed,) you are to trans¬ mit such addresses to his majesty’s high commissioner, and to the council, and to allow them safe conducts until you receive their pleasure. “ 6to. If any proposals be made by the heritors in the said shires, for securing the peace of the respective shires, to the end the present burden of quartering may be taken off them, you are to receive and re¬ port the same, as above said. “ And lastly, and generally, you are to do every thing for securing the peace, and promoting the interest and advantage of his majesty’s government, as you shall judge convenient.” Queensberry, commissioner, Perth, cancel. Arch. St Andrews, Alexander, Glasguen. Hamilton, Douglas, Drumlanark, Errol, Marishal, Mar, Glencairn, I stay not on remarks upon the severity of those, now under a popish reign. The earl of Argyle’s attempt gave the lieuten¬ ant-general and managers other work for some time. However, by virtue of this and other commissions, the west and south were sorely harassed this year. May 25th, “ The lords of his majesty’s privy council, being this day certainly in¬ formed, that there was a considerable meeting of persons hearing that supposed preacher, (a disturber of the peace and of all honest men,) Mr James Renwick, be¬ tween the Kings-hill and Durmond,- upon the borders of Carluke, and Cambusnethan 2 d W. Dumfries, Southesk, Pan mure, Tweeddale, Kintore, Livingstone, Tester, Jam, Falconer, Jam. Fowlis, J. Lockhart, Will. Hay, Linlithgow, W. Dumfries, Southesk, Panmure, Tweeddale, Kintore, Livingstone, Dav. Falconer, Jam. Fowlis, J. Lockhart, Will. Hay. 210 THE HISTORY OF THE SUFFERINGS [ROOK III. , parishes in Clydesdale, where there were an hundred armed men, who were exercised betwixt sun-rising and eight of the clock in the morning, upon Friday last, and then after sermon began again, and contin¬ ued the rest of the day. At which meet¬ ing there were several persons made their repentance for their offences, in taking the oath of abjuration, the test, and hearing and communicating with indulged minis¬ ters ; and so were by him received into their society, and some were delayed to a new occasion, their offences being many.” The council send a copy of their informa¬ tion to my lord Carmichael, with a letter desiring him to inquire into it, examine, and call all suspect persons to an account, and report. They add, that if Argyle take the main land, it is probable he may fix in Car- rick, and therefore desire my lord may en¬ deavour to keep the country in peace, and send intelligence, and secure the arms and horses of all suspect persons. July 14th, the magistrates of Glasgow present a petition to the council, showing, “ that their tolbooth is pestered with many silly old women, who are a great charge to the town. The council order them to be whip¬ ped and burnt on the cheek severely, who are guilty of reset and converse, and such as are guilty of ill principles, that they be whipped and all dismissed.” That same day the lord Carmichael is appointed to inquire into a conventicle held in the confines of the parish of Car¬ luke, where there were some in arms on Monday last, and report with all speed. And upon the last of July they gave com¬ mission to the lord marquis of Douglas, earl of Winton, earl of Linlithgow, vis¬ count of Tarbet, lord Livingstone, lord Yester, general Dalziel, advocate, lieutenant- general Drummond, Abbotshall, Drumel- zier, Gosford, Sir William Bruce, or any three of them, to be a committee for public affairs in the intervals of council. A proclamation is published August 1 1th, discharging all to meddle with the goods and gear of forfeited persons, the tenor whereof follows. “James, by the grace of God, &c. greeting. Forasmuch as we, not¬ withstanding that several persons do at their own hand intromit with the goods and gear of these rebels lately forfeited by our parliament and justice-court, and others, fugitives and rebels from our laws, and more especially cut and destroy the wood, trees, plantings, and orchards of the lands lately belonging to them, in high contempt of our authority, and to our enorm preju¬ dice, these lands being annexed to the im¬ perial crown of this our ancient kingdom ; and we being resolved, that the former transgressors, as well as these who may hereafter be guilty of the said crimes, may be brought to condign punishment, do, with advice of our privy council, hereby strictly require and command all our sher¬ iffs and other magistrates, within whose jurisdictions the fo resaid abuse and crimes have been committed, to make strict in¬ quiry and trial anent the delinquents, and sentence and punish them as well for their bygone guilt aforesaid, as what may be done by them or any others in time coming, according to our laws and proclamations, as committers of theft, and for reset of theft, certifying hereby our said sheriffs and other magistrates, that if they fail in their duty herein, they themselves shall be liable, for concealing, to the same pains or penalties which might have been, or may be incurred by the said transgressors, besides being otherwise punished as our council shall think fit : and for encourage¬ ment of such as shall any wise discover either the negligence, tolerance, or conni¬ vance of our said magistrates, or the trans¬ gressors, so as they may be found guilty by sentence, we hereby declare, that these informers and discoverers shall have for their reward the one half of their fines, the other half thereof being to be paid to our cash-keeper for our use. And tlxat our pleasure in the premises may be known, our will is, and we charge you strictly and command, that incontinent, these our letters seen, ye pass to the market-cross of Edin¬ burgh, and all the other market-crosses of the head burghs of the shires of this king¬ dom, and there, by open proclamation, in our royal name and authority, make pub¬ lication of our pleasure in the premises, that all persons concerned may have notice thereof, and give obedience accordingly as they will be answerable ; and ordain the CHAP. IX.] OF THE CHURCH OF SCOTLAND. 211 sheriffs of the several shires to cause pub¬ lish this proclamation. Given under our signet at Edinburgh, the 11th day of August, 1C85, and of our reign the first year.” September 9th, the chancellor being called up to court, recommends it to the committee for public affairs, to meet every week, and call a council, if need be. Octo¬ ber 29th, information being given of two tield-conventicles in Cambusnethan parish, at which several persons were present with arms, and Mr Renwick preached, ma¬ jor Wedderburn of Gosford is ordered to inquire into the persons present, and the heritors, through whose lands they passed, and report. In November, I find the mag¬ istrates of Lanark and Glasgow ordered to be prosecuted for suffering persons, in their prisons for public crimes, to escape. And Alexander Hume, sheriff-depute of Ren¬ frew, sends in a letter to the council, giv¬ ing account of some conventicles, and hath a letter of thanks sent him, with orders to inquire who were present, and upon what heritors’ lands they were. I am sorry I cannot, after this year, give any more extracts from the council-registers, which end December 31st. I am told the warrants are all yet preserved, but from this year to the revolution none of them are booked. No doubt very remarkable things might be found among them, but they are not sorted, and perfectly in confusion. How no further of the council’s procedure came to be recorded, I cannot say. Whether this came from the surprise of the revolu¬ tion, or negligence, or shame, 1 do not determine. I am of opinion, though what followed had been booked, we could scarce have met with worse than we have already. SECT. IV. Of the sufferings and treatment of particu¬ lar persons this year , before the privy council. The more general actings of the council have swelled the former section so much, that 1 have chosen to give the treatment of particular persons by itself in this ; and it must relate to such as were made prisoners last year and this, together with great multitudes banished toward the end of this year. I just give it in the order of time from the registers. To begin with the gentlemen in the w est and south, who, we heard before, were brought to no little trouble for pretended reset and converse, church irregularities, and the like, before the council and circuits, and upon their refusing the test, imprisoned and lined to the value of their estates : some hints of their case have been given upon the former chapter, and here I only take notice of what I meet with, concerning them this year, in the council books. James Hamilton of Aikenhead we have once and again met with in this history, and, February 13th, he is liberate on bond of two thousand pounds sterling, to ap¬ pear the 15th instant; and March 10th, I lind him liberate under the same penalty, to appear when called. Mr Andrew Kennedy of Clowburn, March 5th, is lib¬ erate upon a bond of twelve thousand merks to re-enter the prison April 15th. May Sth, I find it represented to the coun¬ cil, that he is sore afflicted w ith the gravel, and they confine him to his own house, upon bond to appear when called. It seems in a little he was called, for, August 25th, I find him ordered to the Canongate tolbooth, because of the throng of prisoners ; and September 1 1th, the council grant him liberty to go out of prison some hours in the day time, but ordain one of the keepers still to be with him. March 12th, Mr Andrew Hay of Craignethan falling under sickness in prison, the council allow him to be liberate, but confine him to the town of Edinburgh, under bond of ten thousand merks to compear when called, and order his former bonds granted at Glasgow" to be given up. That same day William Fairlie of Brunsfield, who had been under certifi¬ cates from physicians, liberate for a fort¬ night under bond of three thousand pounds sterling, hath his liberty prorogate by the council under bond, with the former penalty of three thousand pounds sterling ; and April last he is continued under bond till he be called. March 14th, the laird of Kilmahew in Dumbartonshire, of whom we have heard this year already, is before 2i2 THE HISTORY OF THE SUFFERINGS [ROOK nr. the council, and discharged from his 1685 ' ~ ^ ' sentence. Sir John Maxwell of Ne¬ ther-Pollock petitions the council, May 17th, to be liberate, that he may attend the funeral of his only sister the lady Calder- wood. They grant him till April 2d, under a bond of ten thousand pounds sterling, to re-enter that day. He re-entered, and September 11th, he is again liberate under bond to re-enter October 12tli, under penalty of eight thousand pounds sterling. March 22d, John Porterfield late of Duchal, and Alexander Porterfield his son, suppli¬ cate the council for liberty. The first is refused, because under a sentence of for¬ feiture. His son is let out, on bond for the sum in which he is fined. July 23d, Duchal is allowed the liberty of the town of Edinburgh upon his petition, but con¬ fined thereunto. And September 3d, the council transmit the following petition from him to the secretaries ; “ That whereas the petitioner being desired by Sir John Cochran to give some charity to the lord Argyle, did heartily refuse the same, and having concealed the design of the said Sir John, and not timeously revealed the same, which he did out of ignorance, and not out of any evil design, but did freely con¬ fess the same, which otherwise could not be proven against him, wherefore your pe¬ titioner is forfeited, and, hath a long time been prisoner ; and seeing his life is near at an end, I being of the age of seventy two year's and under many in¬ firmities contracted in the said prison, it is therefore humbly desired that your lordships would recommend your peti¬ tioner to his most sacred majesty, for a remission to be passed gratis , containing rehabilitation, &c. And it is hoped his sacred majesty will be so gracious (consid¬ ering that the petitioner’s crime was not intentional, but in a manner ignorantly) out of that gracious benignity and good¬ ness which princes have been in use always to bestow upon the worst of their subjects, being penitent, and allow your petitioner a competency to live upon, out of his own estate, and take some seen course with his debt, which is very grievous to his spirit ; and your petitioner shall ever pray.” John Porterfield. And 1 find, September 16th, an address to the council from Alexander Porterfield his son, show¬ ing that he hath nothing to pay his fine with, seeing his father is forfeited, and begs his fine may be I’emitted, considering his long imprisonment. The council transmit this address to the duke of Queensberry. May 19th, Bannantyne of Craigmuir is by the council ordered to be liberate, upon his bond to leave the kingdom, under the penalty of his fine. And June 12th, George Hamilton of Brown-castle petitions, “ that having satisfied his majesty’s cash-keeper, for the sum of two thousand merks im¬ posed upon him as a fine in December last, and being orderly and regular, and willing to take the allegiance, he may be liberate.” He is liberate upon bond of two thousand merks to compear when called, and to live peaceably and orderly. July 9th, John Crawford of Crawfordland, upon his peti¬ tion, is liberate upon bond, under the penalty of a thousand pounds sterling, to live orderly and regularly, and to compear when called. That same day, the laird of Fairly is liberate on the same terms. And July 30th, William Cunningham of Ashen- yards supplicates the council, “ That having now been in prison nine months since October last, and resolving to live loyally, as he hath still done, and his health being much broken, and his estate within seventy two pounds Scots valued rent, he may be liberate.” He is let out upon bond, under penalty of an hundred pounds sterling. August 25tli, John Whyteford of Bal- quhan, liberate out of prison formerly, and confined to the town of Edinburgh, in re¬ gard nothing is proven against him, though many Avitnesses have been examined, his confinement is now taken off, and he gives bond, under penalty of five thousand pounds sterling, to compear when called. Sep¬ tember 9th, John Hamilton younger of Halcraig, is, upon his petition, liberate, having been ten months prisoner, and his father being in a dying condition, under bond to re-enter prison October 9th, under the penalty of twelve thousand merks. And September 11th, the laird of Craigends younger, is allowed to be liberate from prison under a bond of four thousand pounds sterling to re-enter November 1st. “ No- CHAP. IX.l OF THE CHURCH OF SCOTLAND. 213 vember 19tb, he is liberate, under bond with the same penalty, to re-enter the first of January next, that he may attend on his affairs in the session, and use means for procuring- his fine.” September 11th, pe¬ titions are given in by John Caldwell of that ilk, James Stuart of Hartwood, and William Hamilton of Overton, prisoners; and the council transmit them to the secretaries. Hartwood, being valetudinary, is liberate under bond, with his fine for the penalty to re-enter September 24th. And September 11th, Muirhead of Bradis- holm is liberate under a bond of four thousand merks, to re-enter October 12th. And Mr John Bannatyne of Corehouse is liberate, upon bond, under the pen¬ alty of his fine, to re-enter that same day with the former. These are all the hints I have observed in the registers as to those worthy and re¬ ligious persons, and can follow them no far¬ ther for want of the records in the following year. Those of them who w ere liberate un¬ der bonds equal to their exorbitant fines, came at length to make compositions, and had vast sums to pay, and the happy revo¬ lution did only put an end to their trouble, though nothing illegal could be proven against them. To those 1 may subjoin the hardships of several religious ladies 1 meet with in the council-books this year, for mere noncon¬ formity, and pretended church-irregularities. I begin with those of that excellent gentle¬ woman the lady Colville. Dame Margaret Weems, lady Colville, is, March 17th, liber¬ ate by the council, and confined to the town of Edinburgh, she being indisposed, and by a bond under the penalty of her fine she is to re-enter April 2d. April 2d, her liberty, upon another petition, is prorogate a fort¬ night. And April 16th, the clerks of coun¬ cil are warranted to receive bond from her, under penalty of five thousand merks, to re¬ enter prison when called. That same day the lady St Ford prisoner in Culross is or¬ dered to be liberate, upon a bond under the penalty of her fine, to appear when called. April 24th, her bond is prorogate, as also the lady Colville’s, to the last instant. And that day they are both ordained to re-enter prison. I meet with no more about them. May 1 9th, “ Margaret Muir lady Tilen, (Tealing)and Patrick Maxwell her son, who had been incarcerated in Dundee for alleged irregularities, and being present at house and field-conventicles, being found in¬ nocent, and her son but eleven years of age, are ordered to be liberate.” June 3d, Dame Anne Scot lady Skelmorly, petitions the council, “ That whereas a decreet was pass¬ ed by major White against her and her de¬ ceased husband, for alleged irregularities, and withdrawing from ordinances, before her husband’s decease ; and a committee of council having met, tried that case, and as- soilied her, and she being sickly and her children sick, craving that she may be al¬ lowed to go to her house in the west.” Her cause is continued till November, under caution to the value of her fine, and execu¬ tion sisted against her, though not against her son, who is also charged; and in No¬ vember, she is continued till the first of Jan¬ uary. And June 8th, lady Mary Hope being- called, and not compearing, is put to the horn. The hard case of the lady Abdean, will best appear from her petition to the council, July 29th, as follows. “ Anent a petition presented by Jean Melville relict of Mr John Wardlaw of Abdean, show ing, that the petitioner being, in absence, fined by the sheriff’ of Fife and his deputes, in the sum of three thousand merks, for her alleged withdrawing from the public ordinances, and having meaned herself to the council, they did take off the contumacy for her noncompearance, and she produced certifi¬ cates under the magistrates’ hands of Burnt¬ island, where she lived, for her loyal and peaceable deportment. The council was pleased to turn the said decreet into a libel, and to repone the petitioner against the same, since which time, as the petitioner has been still ready to ausw'er any libel in writ which should be exhibit against her, not¬ withstanding whereof, she was frequently troubled and molested by messengers, w'ho threaten to poind her household furniture, and carry herself to prison, though infirm by reason of her great old age, that she was not able, without help, to w alk out of the room where she did lie ; and seeing the minister of Burntisland could only accuse the petitioner of hearing of one minister 214 THE HISTORY OF THE SUFFERINGS [BOOK III. there, in the time of the late indul¬ gence, to whom the most part of the parish resorted, and for whom the heritors were preparing to buy or build a meeting¬ house; and the petitioner then thinking it was no breach of law to bear the said minister, but how soon authority discharged him, the minister or magistrates of the said place w'ill not assert, that ever the petitioner went thereafter to hear him, or that ever she was at auy conventicle, but that she behaved kindly to all the orthodox clergy, when they visited her. And therefore humbly supplicating the council, to take her condition to their consideration, by which, as it will be found that her liferent is narrow enough to support her old infirm age, and therefore not able to pay the said fine or any other, so that the council would find, that she could not be accused of with¬ drawing from the public ordinance, so long as she had health and strength to go abroad, except the time of the said indulgence, as the ministers and magistrates of Burntisland could not deny ; and in respect the petitioner was reponed against the foresaid decreet, that therefore they would be pleased to discharge messengers and all others, to trouble her person or goods for the future. The lords of his majesty’s privy council, having considered the foresaid petition, do recommend to the lords Tarbet, justice- clerk, and Castlehill, or any one of them, to consider and examine the petitioner’s cause, as is above represented, and to take her oath, (if need be) conform to their former reference to the sheriff of the shire of Fife, or his deputes, and to report what they find in the matter, against the first council-day of November next ; and, in the meantime, discharge all execution, real or personal, for payment of the fine above- mentioned, till the said day.” Upon what reason [know not, the council, August 17th, ordain her to be examined upon oath by the earl of Balcarras, notwithstanding of the council’s act July 29th, and if she refuse to depone, that she be held as con¬ fessed. And October 15th, the council having considered a bill of suspension given in by the lady Abdean prisoner in Burnt¬ island, for not paying her fine imposed by the slieriff-depute of Fife, do grant suspen¬ sion, upon her consigning a thousand merks of the fine, in the hands of John Malcom procurator fiscal, and giving bond to be regular, and appear when called. Such treatment of so many excellent gentle¬ women, and some of them persons of quality, scarce hath a parallel. I shall, in the next place, take notice of several others before the council this year. February 11th, Robert master of Burleigh, Alexander master of Melville, and the laird of Kembachie, appear before the council, and take the oath of allegiance, being cited from Fife to appear before the council. The two first give bond, under a thousand pounds sterling, to appear when called, and Kembachie under five hundred, and his bond to the earl of Balcarras, at the late district in Fife, is given up. That same day, Edward Jarvie tenant in Bannockburn, imprisoned by the committee at Glasgow for withdrawing from public ordinances, in a petition to the council declares, he is willing to take the abj uration ; and they ordain the magistrates of Glasgow to ad¬ ministrate it, and set him at liberty, he giving bond to live regularly, under the penalty of five thousand merks. And February 13th, the council come to take a shorter cut, and recommend to the earl of Balcarras, to administrate the oaths to the gentlemen in Fife, processed for irregulari¬ ties ; and the like power is granted to the earl of Marr for Stirlingshire, and lieutenant general Drummond for Ayr. February 24th, Mr William Wisheart, of whom before, now prisoner in Edinburgh, “ is appointed to be liberate upon his giving bond, with caution, under five thousand merks, to compear when called.” February 26th, the time of Robert Hamilton, late of Monk- land, his reprieve being near expired, the council order it to be continued till his remission be expede. March 5th, Mr John Knox minister, of whom also before, now prisoner in Edinburgh, being valetudinary, is liberate upon bond to re-enter when called, under pain of five thousand merks. And April 2d, his liberty is prorogate till the 23d, and that day he is continued till the 1st of May. And May 8th, “in regard of his continuing infirmities and known loyalty, and singular case, his liberty is CHAT. 1 X.] OF THE CHURCH OF SCOTLAND. 215 continued till the first of June, but no longer, save in terms of law.” So se¬ vere are they to this excellent man, who had been so useful to the hing in bis exile under the usurpation, as hath been formerly observed. March 8th, John M‘Ghie of Balgoon, is liberate under a bond of a thousand pounds, to appear before the coun¬ cil or committee of public affairs, when called. March 14th, Mr William M‘Jore is ordered to be liberate, upon bond to compear when called, under the penalty of a thousand merks, that in the interim he may speak with the archbishop of Glasgow, at his grace’s desire. March 17th, Mr Michael Potter, of whom before, is liberate from the Bass, upon caution to appear when called. And April 16th, Mr John M'Gilligen’s diet of compearance is continued sine die. We shall afterw ards meet with the treatment of several of the indulged ministers this year. April 21st, Hugh Kennedy of Daljarroch, Alexander Hume of Newton, Hugh Mont¬ gomery of Borland, and John Mitchell son to Tunnerhill, are continued under their bonds till the last instant. Borland and Daljarroch are, April last, continued upon caution to a day. July 7th, Alex¬ ander Durham of Duntrivie is liberate, on bond and caution to pay the cash-keeper his fine for church irregularities, and com¬ pear w hen called, under pain of three thou¬ sand merks. J uly 14th, Mr George Meldrum of Crombie, imprisoned in Blackness castle, is ordered to be liberate upon his giving bond to pay his fine to the cash-keeper, or re-enter November next, and caution to i appear when called. And November 12th, he is continued till the treasurer return from London, under bond and caution for his fine of twelve thousand merks. July 23d, Patrick Hay of Naughton, is liberate under bond often thousand pounds sterling, to appear when called. August 7tli, Robert Boyd of Trochridge is liberate, as having paid his fine of a thousand merks for church irregularities, upon his giving bond and caution under the sum of a thousand pounds sterling, to live regularly and orderly. And August 8th, C. Alexander in Paisley, pri¬ soner in Edinburgh, is liberate under a bond ot a thousand pounds sterling, to live regu- larly, and answer, when called, to any thing that is to be laid to his charge. That o l PQfr same day George Douglas of Bon- jedburgh, sent in prisoner by captain Graham, having now lien in prison three months, being sickly, is liberate on his bond to live regularly, and compear when called, under the sum of a thousand pounds ster¬ ling. August 18th, the council while sitting at Leith, about the prisoners in Dunotter, upon a petition liberate Patrick Hume, son to Sir Patrick Hume of Pol wart, upon caution to appear when called, under the penalty of five hundred pounds sterling. September 19th, Mr James Futhy prisoner in the Bass, is allowed some liberty to walk on the rock, and eight pence per day given him, he being very poor. And September 9th, because he is very valetudinary, he is liberate from the Bass, under bond of five thousand merks, and confined to the town of Edinburgh. October 6th, John Morton of Little-hairslmv, is liberate under bond of five hundred merks. November 12th, the governor of the Bass is appointed to allow Mr John Blackadder to come forth, upon sufficient caution to re-enter prison at Ed¬ inburgh the first council-day in January, the council having laid before them an at¬ tested declaration of physicians concerning his indisposition tending to death. And December 3d, Mr Blackadder is appointed to be liberate presently, in regard he hath contracted a universal rheumatism and bloody flux, on bond of five thousand merks to confine himself to the town of Edinburgh. And December 10th, Mr John Mitchell of Balbardie, is ordained to be discharged from paying any further lines for his w ife’s irre¬ gularities, in not attending ordinances, in regard of his majesty’s letters in favour of regular husbands. Having thus gone through the particular gentlemen, ministers, and others, before the council this year, I come to end this section with some account of their way with some other prisoners before them, w ho were va¬ riously dealt with, but most of them are banished, of whose harsh treatment I shall give a narrative in a section by itself. Here I shall only set down the procedure of the council, and sentences passed against them. February 1 ltli, the council recommend it to the committee about the prisoners, to 216 THE HISTORY OF THE SUFFERINGS [BOOK nr. meet, and report the case of those 1685 . 1 L' ' in the prisons of Edinburgh and Canongate. And February 16th, they make the following report. “ Patrick Russel, suspect to be one of the societies, ordered to the irons, he giving no satisfying account of his principles. John Stodhart, and others of the same name, James Stod- hart, John Harkness, Laurence Corsan, all from Dumfries, having taken the test, and their liberation notwithstanding stop¬ ped, it is their opinion they be liberate. John Robb student in philosophy, John Nimmo in Boghall, John Crokat, James M'Cudie, James Clerkson, Edward Steel, John Tait, having taken the allegiance, are liberate. John M'Hastie, Andrew Wilson, two old, senseless, sick, poor, starving creatures, refuse the oath of allegiance, but give all other satisfaction, to be liberate. Mr William M‘ Mill an desires time to de¬ liberate about the prerogative, having no scruple about the allegiance, but stands at his majesty’s supremacy in ecclesiastical affairs, continued. John Smith and James Russel, remitted to the justices. Samuel Cannon, William Turnbull, Alexander Riven, James Smith, Charles Douglas, Alexander M‘Birney, Robert M‘Ewen, William Wilson, John M‘Caul, Halbert Wallace, John Corbet, James Irvine, refuse the oath, and are to be sent to the planta¬ tions. James Ilowatson, and John M‘Ewen refuse all oaths except the abjuration, to be banished to the plantations.” The council approve, and appoint accordingly. March 10th, the same committee report, “That Walter Menzies in Pilrig may be liberate, being neither heritor nor burgess, and the council may afterwards call him to take the allegiance. John Brown an old man, in the fugitive roll, refuses the allegiance, and so ought not to have the benefit of the indemnity. John Mosman ought to have the benefit of it. Duncan Fergusson in St Ninians, refusing the abjuration, con¬ tinued. Archibald Wilson, in the fugitive roll, continued. Thomas Russel in Living¬ stone, refusing that part of the abjuration, not to take up arms against the king, con¬ tinued. James Reston in Halton, heritor, fugitive, unrelaxed, remitted to prison. John Muir, late provost of Ayr, dismissed till to-morrow, that his case be more fully represented to the council (they liberate him). Samuel Cannon fugitive, beingfurious, be relaxed under a bond of five thousand merks to compear at a long day. Robert Hamilton to be liberate upon taking the allegiance. That letters be direct to the commissioners for Stirling, Glasgow, and Ayr, to offer the indemnity to all the prisoners there ; that all who are liberate have a printed pas^ given them, subscribed by the hand of a privy counsellor, or one of the commissioners. George Brown tailor, John Pollock, John Wallet in Galloway, refuse the abjuration, and are continued.” The council approve, and appoint accordingly. That same day, the council grant warrant to the laird of Pitlochy, to go to the prisons of Edinburgh, Glasgow, and Stirling, and transport an hundred of the prisoners, who are w illing to go to the plantations ; excluding all heritors who are above an hundred pounds of rent. March 27th, James Armour, merchant in Glasgow', William Muir, and HalbertWales, prisoners, are liberate upon a bond of two thousand five hundred merks, that they remove to the plantations. July 24th, the council pass a decreet against great numbers, and banish them to the plantations. Which will best appear as it stands in the records, “ anent our sovereign lord’s letters, raised at the instance of Sir George Mackenzie of Rosehaugh, knight, his majesty’s advocate, for his highness’ interest in the matter underwritten, men¬ tioning, that where the keeping or being- present at house or field-conventicles, with¬ drawing from the public ordinances, the harbouring and resetting rebels and traitors, or joining with them, or any manner of way having correspondence with them, and the refusing to take the oath of allegiance, which his majesty’s laws did justly require from all suspect persons, subjects, be crimes of a high nature, and severely punishable conform thereto : nevertheless it is of verity, that the persons underwritten are guilty of one or other of the said crimes, viz. Alexander Ritchie, William Smith, Andrew Scot, James Forrest, Thomas Stodhart, James Wilkie, John Elliot, George Young, Robert Cameron, John Gibb, Janies CHAP. IX.] OF THE CHURCH OF SCOTLAND. 217 Stuart, John Swan, John M‘Lean, William | Hastie, James Olipher, Robert Campbell, John Jackson, Thomas Weir, Matthew Bryce, in the Canongate tolbooth ; John Pettie, James Gavin, Andrew Maitland, John Mundel, William Drenon, John M‘Bryde, John M‘Lean, William M'Lean, Gilbert M‘Ilroy, William M‘Ilroy, John Cunningham, John M'Cully, Quintin Dunn, Adam Muir, in the guard-house at the Abbay, now in the tolbooth of Edinburgh ; Gavin Russel, John Ireland, Hector M‘Gibbon, Archibald M‘Gibbon, Thomas Brown, Tho¬ mas Richard, David Law, Thomas Turnbull, William Jackson, John Gilliland, George Cunningham, also in the tolbooth of Edin¬ burgh, Archibald Marshall, Thomas Jackson, in the thieves-hole, James Baird in Kirk- housel in Kintyre, William Watson in Isla, Donald Fergrrsson in Ruchoord, Archibald Campbell there, John Henderson there, John Martin in Kirkmichael in Kintyre, John Allan near Cumnock, Duncan M'Cunchall in Isla, and William Campbell in the laigh parliament-house, Neil Black in Glenbeg, Gilbert M‘ Arthur a drover in Isla, John Campbell in Garrick in Loclifine-side, Ar¬ chibald Campbell in Inverneil in Knapdale, Duncan M'Millan in Carridel in Kintyre, John Campbell son to Walter in D unotter in Kintyre, John Fletcher in Rumicadle in Kintyre, Archibald Campbell in Monridge there, John Campbell son to Donald in Auchindrydie in Cowall, Duncan M‘King in Skipnish in Kintyre, Iver Graham in Inverneilin Argyle, JohnM'Gibbon inGlen- novvkeil in Argyle, John M‘ Kin non in the Duppen of Kintyre, John Campbell son to Robert in Lockwear in Lorn, Neil M‘Geich- an in Barnazare in Lorn, John M‘Iver in Tulloch in Argyle, John Dumaclauchlan in Auchahouse in Argyle, John M‘Lauchlau in Barnagate in Argyle, in Paul’s work, for which they ought to be punished, con¬ form to the laws and acts of parliament of this realm, to the terror of others to com¬ mit and do the like in time coming-. And anent the charge given to the forenamed persons, to have compeared before the lords of his majesty’s privy council, to have answered to the foresaid libel, and to have heard and seen such order taken thereanent, as appertains, under the pain of rebellion, &c. IV. With certification, as the said letters, executions and moderations thereof in ' themselves at more length proport ; whilk being this day called, and both parties com¬ pearing, and his majesty’s advocate having, instead of all further probation, referred the matter libelled to the defenders’ oath, and they having refused thereupon to depone, or to take the oath of allegiance, the lords of his majesty’s privy council do delay the case of Alexander Ritchie, Robert Camp¬ bell, and John M‘Lauchlan till they consid¬ er thereof ; and have banished, and hereby banish all the other persons foresaid, except the said Thomas Stodhart, James Wilkie, and Matthew Bryce, who not only obstinate¬ ly refused the said oath of allegiance, but most impertinently and indiscreetly misbe¬ haved themselves before the council, to his majesty’s plantations abroad, discharg¬ ing them for ever to return to this king¬ dom without license, under the pain of death to be inflicted on them without mer¬ cy in case of failure. And further, the said lords having considered the foresaid libel pursued against the persons aftermen tioned, viz. Neil Black, Gilbert Macartliurs Duncan M'Millan, John Campbell son to Walter Campbell, John Fletcher, Archibald Thom¬ son, Duncan M‘Rig, Iver Graham, John M'Gibbon, John M‘Kinnon, John Campbell, John M‘Geiclian, John M‘Iver, and John Dow M‘Lauchlan, they (in regard the fore¬ said persons have refused to take the said oath of allegiance) have banished, and here¬ by banish all of them, except Donald Camp¬ bell son to Donald Campbell in Auchindry¬ die, a young boy, whom they hereby dis¬ miss, to his majesty’s plantations, under the foresaid certification ; and ordain the said Thomas Stodhart, James Wilkie, and Matthew Bryce prisoners in the tolbooth of Edinburgh, and Archibald Campbell prison¬ er in Paul’s work, who is in their case, im¬ mediately to be put in irons, and grant war¬ rant to his majesty’s advocate to process them criminally before the justices.” Another decreet is passed against the fol¬ lowing persons, and the men are ordered to have their ears cropt, and the women to be marked in their hand. Edinburgh, July 28th, “ The lords of his majesty’s privy coun- 1 cil having considered the libel at the instance 2 E 218 THE HISTORY OF THE SUFFERINGS [BOOK III. of his majesty’s advocate, (booked lGSo. (lp0Q 24th instant) against Wil¬ liam M'Call, John Finnison, John Kennedy, James Corsbie, Robert Sharp, William Mar¬ shall, Edward Stit, Andrew Jardine, Agnes Fergusson, Marian Lawson, Elizabeth Kirk¬ wall, Bessie Jardine, Janet M'Queen, and Mary Clark ; and they having refused to own his majesty’s authority, do hereby banish them to his majesty’s plantations abroad, dis¬ charging them for ever to return to this king¬ dom, without license from his majesty or the council, under the pain of death, tobe inflicted on them without mercy, in case of failure; and iu regard John Black, Walter Donald¬ son, William Mader, George Howatson, Robert Rae, and Andrew Bell, do offer to take the oath of allegiance, and own his majesty’s government, the said lords do or¬ dain them to be liberate upon their enact¬ ing themselves to live regularly and order¬ ly, and to compear before the council when called, for ilk one of them under the penalty of five hundred merks ; and in regard Robert Johnston soldier, is taken by mistake, and Janet Do- bie is a poor ignorant woman, do hereby dismiss them ; and ordain the said Edward Stit, being an obstinate fellow, who had feigned himself frantic, and refuses the oath of allegiance, or to acknowledge the king’s authority, (except these taken with the late earl of Argyie) to have the following stigma and mark, that they may be known as banished persons if they shall return to this kingdom, viz. that the men have one of their ears cut off by the hand of the hangman, and that the women be burnt by the same hand on the cheek, with a burned-iron marked with the letters and that before they be put aboard in order to their transportation, and appoint a surgeon to be present, and to see their cure.” That same day they pass sentence against the under-written prisoners. Edinburgh, July. 28th, “ The lords of his majesty’s privy council, having considered the libel against the persons under-written, viz. John Gilli¬ land, Hector M'Gibbon, Archibald M‘Gib- bon, Samuel Howie, do hereby banish them to his majesty’s plantations abroad, as being with the late Argyie ; as also Alexander Jamieson, Andrew Reid, John Howie, William Milroy, Quintin Dun, William Drennen, and John M'Willy, John Cunningham, Thomas Richard, Archibald Campbell, Alexander Mason, and Matthew Hamilton, and ordain David Low, Gavin Russel, and Edward Stit to be put in the irons, and to be processed before the jus¬ tices for treason and rebellion, and do dismiss John M'Blean, William M'Blean, John MtBride, and Michael Smith, in re¬ gard of their infirmity and weakness, and that they have given satisfaction, and con¬ tinue to advise the cause of Gilbert MT1- roy, and one Cam Englishman, till they consider further their oath, and ordain all the said persons banished, not taken with Argyie, to have one of their ears cut off in manner mentioned in the former sentence, of the date the 28th instant.” By another decreet July 30tli, the coun¬ cil banish considerable numbers, and ap¬ point, as in the sentence itself, which fol¬ lows. “The lords of his majesty’s privy council having considered the libel against the persons under-written, have banished, aiad hereby banish them to his majesty’s plantations abroad, viz. Gilbert Fergusson, John Campbell, Donald M‘Taylor, Archi¬ bald M‘Tyer, John M'Gillich, Donald Milmoon, Robert Hutchison, Archibald MTlvane, Donald Milberran, David Ochil¬ tree, Duncan Alexander, John Adam, Pa¬ trick Stuart, Malcolm White, Colin Camp¬ bell, John Beveridge, prisoners in the tolbooth of Canongate, and who were with the late Argyie ; as also Walter Hownam, James Murray, Malcolm Bryce, James Wilkison, Thomas Stodhart, and Grizel Alston, who refuse to take the oath of allegiance, and to acknowledge the king’s authority, and ordain the said five last men to have one of their ears cut off, and the women to be burnt on the cheek, and allow David Campbell to consider of the allegiance and prerogative till to-mor¬ row : and in regard Robert Blackburn, James Ramsay, and Robert Orr, (who were not with the late earl Argyie) have offered to take the oath of allegiance, and assert the king’s prerogative, ordain them upon taking thereof to be liberate, and continue John Campbell, who was with CHAP. IX.J OF THE CHURCH OF SCOTLAND. 219 Argyle, being a sick person, and Samuel Graham, prisoner from Annandale, an old decrepit person, till they consider further of their case : as also the case of John Clark, who hath certificates upon soul and conscience, under the hand of ministers, and the captain of the castle of as his being taken prisoner by Argyle’s party against his will, when he was sent out to view the enemy, and who will take the test. And the said lords having con¬ sidered the libel against the persons under¬ written, prisoners in Paul’s work, viz. Hugh M‘Lean, Donald Campbell, John MTrhallam, Duncan Fletcher, Alexander Graham, John M‘Lean, Duncan Thomson, Donald More, Donald Morrison, Neil M'llbride, Malcolm Black, Donald M'Kello, Hugh M‘ Queen, Donald Johnston, Soarly Lawmond, John Nicol, Malcolm Iver, Angus MTver, Neil MTvairn, Duncan MTlvorie, Duncan MTlbride, John MTlpo- rie, Duncan M‘Lean, Dugald M‘Connochy, Archibald M'Lauchlan, John ‘M'Callum, Martin M'Kello, Neil Thomson, John M'Kello, Donald M‘Lauchlan, and Donald MTver, who were all with Argyle, have banished and hereby banish them to the king’s plautations abroad, never to return to this kingdom without license from the king or council, under the pain of death, to be inflicted upon them without mercy ; and ordain M‘Gibbon, who is a necessary witness for the king, to be sent prisoner to the tolbooth of Edinburgh, and ordain Malcolm M‘Neil and John M‘Lau- chlan, his brother soldier, who was taken carrying letters to the lord marquis of Athole, as also James Wilson, who was not with Argyle, and will take the test to be liberate,” Next day they go on to banish more to the plantations. Edinburgh, July 31st, “the lords ot his majesty’s privy council, having considered the libel against the per¬ sons under-written, prisoners in the tolbooth of Edinburgh, have banished, and banish them to his majesty’s plantations abroad, viz. Thomas Turnbull, who wras with the late Argyle, John Simpson, James Gray, .lames Gavin, John Mundul, Andrew Ma- ciean, Anna Murray, prisoner for alleged murder of her own child, Kathrine Lcckie forthe said alleged murder, Christian Gardner and Janet Wallace, for the ^ same suspicion, and ordain the persons fore- said, who were not with the said Argyle, to be cut and burnt conform to the former sen¬ tence, of the date the 30th instant ; as also Margaret Holms, for not owning his ma¬ jesty’s authority, to be banished, as said is; and allow Thomas Abercromby from Car- rick, to consider on the oath of allegiance, and to dismiss Hugh Mackillanton, in re¬ gard he hath sworn never to rise in arms against his majesty’s authority, and hath taken the oath of allegiance to be at liber¬ ty; as also John Beatie upon the same account, and William Macmichan upon the same account ; as also, Janet Paterson, be¬ ing an old woman. In regard that James Munside, Gavin Lockhart, Mrs Binning, and Elizabeth Brown, are sick and vale¬ tudinary, delay the consideration of their case ; and remit William Cunningham, John Muirhead, and William Jackson, to the lords commissioners of justiciary, for having refused the oath of allegiance, dis¬ owned his majesty’s authority, and for not engaging to rise against the same, to be proceeded against according to law. And the said lords having also considered the foresaid libel, against the persons under¬ written, prisoners taken with the late Argyle, and in the laigh parliament-house, viz. James Baird, Neil M‘Callum, Duncan M‘Callum, Archibald M£Kirrech, John M'Neil, Archibald M‘Neil, Donald Fergus- son, John Anderson, Duncan Sinclair, Archibald Lawmond, Donald MTCirrie, Donald Crawford, William Watson, John Martin, Duncan Fergusson, James Hall, John M'Halarty, Duncan M‘Michael, Alex¬ ander M‘ Currie, John MTver, Neil M‘Kin- lay, Archibald M'Callum, Dugald Clark, Donald Walker, Archibald M‘Ewen, Don¬ ald M‘Ewen, John Crawford, and Martin M'Call, do ordain them to be banished in manner foresaid, without the stigma or mark. As also, having considered the li¬ bel against the persons under-written, brought in prisoners, and in the laigh par¬ liament-house, viz. John Allan, Robert Edward, John Mitchell, Roger M'Michael, John Weir, Robert Muir, John Downie, ordain them to be banished, and marked in THE HISTORY OF THE SUFFERINGS [BOOK III. °ZCZO manner foresaid ; and in regard 1G85. Q.eorg.e M‘Adam, John Paterson, Gilbert Walker, John M‘Kenzie, James M‘Kenzie, Gilbert M'Eadie, Patrick M‘Eadie, William Allan, William Brown, Robert Walker, George M‘Adam sick, Roger M‘ Walter, Gilbert M‘Eadie, and David Kennedy, have and will take the oath of allegiance, and that David Paton owns his majesty’s authority, but being an old man and sick, is not free to take oaths, but prays for, and swears not to rise in arms against the king, nor his authority, ordain them to be dismissed and at liberty. And the said lords having considered the libel against Allan M'Whiddie, Neil Campbell, Neil Walker, William Hood, Duncan M'Queen, John M‘Ewen, John M'Govan, Colin Campbell, Hector M'Neil, John M'Doun, Alexander M‘Lean, Neil M‘Con- nachy, Malcolm M‘Alla, Donald M'Killan, Duncan Thomson, John M‘Connachy, Archibald M‘Cormodal, Duncan M'Dougall, Duncan Walker, Archibald Brown, Donald Brownie, Duncan M'Millan, Neil Kell, and Duncan MTver, who were with Argyle, do banish them in manner foresaid without any stigma ; and ordain Archibald Campbell an old decrepit man, and Duncan Brown a young boy of nonage, to be dis¬ missed and liberate. And do hereby ordain, that the person or persons who shall re¬ ceive the said prisoners, or any of them, shall be obliged, before delivery, to find suf¬ ficient caution, acted in the books of privy council, to transport them to the plantations abroad, respective, whither they are bound, and to report a certificate under the hand of the governor of the place where they land, of their landing there, (sea hazard, pirates, and mortality being always except¬ ed) and that under the penalty of one thousand merks for each of them, in case of failure. And the said lords do discharge the transport of any of the said persons now banished, who have refused the oath of al¬ legiance, and will not own his majesty’s authority, until the men now sentenced have one of their ears cut off, and the wo¬ men burnt in the cheek, in manner foresaid ; and ordain the persons concerned to trans¬ port the said prisoners, to meet and concert the business as to the several persons to be transported by them, that the council may give order for delivery accordingly.” That same day, they ordain the magis¬ trates of Edinburgh to cause their hangman to crop the ear of the persons under-written. “ Forasmuch as the lords of his majesty’s privy council, having, by their several sen¬ tences, ordered the persons under-written to be sent to the plantations abroad, and dis¬ charged them from returning to this king¬ dom ever hereafter, without special license from the king or council, under the pain of death, to be inflicted on them without mercy. And further, ordained the men to have their left ear cut off by the common hangman, as a stigma and mark of their guilt. The said lords in pursuance of the said sentences, do hereby require and com¬ mand the magistrates of Edinburgh, once upon Tuesday the fourth of August next, to cause their common executioner to cut off the left ear of the men under-written, viz. William M‘Call, John Finnison, John Ken¬ nedy, James Corsbie, William Marshall, Andrew Jardine, Alexander Jamieson, An¬ drew Reid, John Hay, William M‘Ilroy, Quintin Dun, William Drenan, John MTlvie, John Cunningham, Thomas Rich¬ ard, Archibald Campbell, Alexander Mason, Matthew Hamilton, all in the tolbooth of Edinburgh ; Walter Hownam, James Mur¬ ray, Malcolm Bruce, James Wilkison, prisoners in the Canongate tolbooth ; John Simpson, James Gavin, John Mundel, Andrew M‘Lean, in Edinburgh tolbooth ; John Elliot, Robert Edward, John Mitchell, Roger M'Michan, John Weir, Robert Muir, John Downie, Lawson, Elizabeth Kirkwal, and ordain the said magistrates to give obedience accordingly.” The prisoners thus sentenced are given to different persons to he transported. August 7th, Pitlochie petitions the council, “ That he had sought fifty prisoners, and en¬ gaged several workmen to go with him to New-Jersey, and the council have banished 177 to Jamaica and the plantations, he de¬ sires he may be allowed some to go with him.” The lords grant him twelve to New- Jersey, only Gilbert M‘ Arthur and Angus M'Connochy are to he stopped, notwith¬ standing they are sentenced, as being ne¬ cessary witnesses for the king against those CHAP. IX.l OF THE CHURCH OF SCOTLAND. 221 in the late rebellion. That day the council give the following persons to Robert Bar¬ clay of Urie. “ The lords of council do hereby order the prisoners under-written, sentenced to the plantations abroad by the council, to be delivered to Robert Barclay of Urie or his order, in order to their being transported, as said is, viz. George Young, Robert Cameron, John Gibb, James Stuart, John Swan, James Oliplier, John Jackson, Colin Campbell, John Campbell, Gilbert Fergusson, prisoners in the tolboofh of the Canongate ; John Gilliland, Archibald Jamieson, William M‘Ilroy, William Dren- nan, Thomas Richard, prisoners in the tolbooth of Edinburgh, or in the laigh par¬ liament-house ; William Thomson, Malcolm Black, Alexander Graham, Donald Moor, John Nicol, John M‘Aulin, John M‘Kello, Duncan M‘Ewen, prisoners in Paul’s hos¬ pital. And give warrant to the several keepers of the prison where they now are, to deliver them accordingly, upon the said Robert Barclay his tinding caution to trans¬ port the said prisoners to the plantation of East New- Jersey, in America, and to report a certificate of their landing there, under the hand of the governor of the place, be¬ twixt and and that under the pen¬ alty of one thousand merks, S'cots money, for ilk one of them, in case of failure, sea- hazard, mortality, and pirates being always excepted.” August 11th, Some other prisoners are before the council, and their act about them follows. “ Forasmuch as the persons un¬ der-written, viz. Robert Campbell, John Miller, Archibald Caldwell, John Galbraith, Thomas Miller, William Corsan, Hugh M'Conar, Samuel Graham, David Campbell, James M‘Cullie, Patrick M‘Gartie, James Wightman, Thomas Jackson, and Michael Marshal, being convened before the lords of his majesty’s privy council, to answer to several crimes, and the said Robert Camp¬ bell, David Campbell, Thomas Jackson, and Michael Marshal, having refused to take the oath of allegiance, the said lords have banished, and hereby banish them to his majesty’s plantations abroad, and never to return to this kingdom without the king or council's license, under the pain of death, to be inflicted upon them without mercy; and have continued, and hereby con¬ tinue the case of John Miller, Archi- bald Caldwell, John Galbraith, Thomas Miller, William Corsan, Hugh M'Connar, Samuel Graham, James M‘Cullie, Patrick M'Gartie, and James Wightman, until the council consider their cases more fully ; and, in their absence, allow the committee to dis¬ pose of them as they shall find cause.” Greater numbers were before them August 17th, and their sentence will best appear from the decreet itself. “ Forasmuch as the persons under -written, viz. Mr John Frazer, William Oliphant, John Foreman, John Martin, Patrick Cunningham, John Kincaid, Adam Hood, James Kirkwood, John Hen¬ derson, Peter Russel, Charles Douglas, Robert M‘Queen, William Turnbull, John M‘Ewen, William Hannah, William Wilson, John Foord, John Sinton, Andrew M‘Lel- lan, Andrew Corbet, John Hunter, John Kennie, John Gray, George Moor, John Gilfillan, John M'Ghie, John Turpnie, John Urie, James Junk, William Campbell, John Campbell, James Forsyth, Thomas Russel, George Brown, John Pollock, James Reston, John Black, John Corsan, Robert Gilchrist, John Smith, Fergus Grier, William Douglas, John Crichton, James Grier, Walter M‘Ewen, Barbara Cowan, Agnes Corhead, Bessie Gordon, Grizel Gemble, Margaret M'Lellan, Elspeth Fer¬ gusson, Janet Fergusson, Elizabeth White- law', JanetLintron, Christian Scot, Katharine Kellie, Annabel Jackson, Annabel Gordon, Jean Moffat, Margaret Leslie, Marjory Cowan, Margaret Miller, Agnes Tanuis, and Marian Rennie, George Johnston, Christopher Strang, Alexander Dalgleish, John Harvie, Robert Young, and Andrew Paterson, Katharine Govan, and Isobel Durie, at present prisoners in the tolbooth of Leith, being convened before the lords of his majesty’s privy council, at the instance of his majesty’s advocate, for several crimes and irregularities, refusing the oath of alle¬ giance, or to own the king’s authority, or take the oath of abjuration, in manner at length libelled; and all the said persons being men, having judicially in presence of the council, refused to take or sign the oath of allegiance, and the women abovesaid having altogether refused to own his majes- THE HISTORY OF THE SUFFERINGS [BOOK III. 222 j ^ ty’s authority, or to take the oath of i abjuration, the lords of his majesty’s privy council have banished, and do hereby banish the haill forenamed persons, men and women, conform to the act of parliament, tohis majesty’s plantations abroad, and discharge them ever to return to this kingdom hereaf¬ ter without the king or the council’s special license, under the pain of death, to be in¬ flicted on them without mercy ; and further ordain the haill forenamed persons, as also the persons under-written, formerly sen¬ tenced to the plantations, and now prisoners in the tolbooth of Leith, viz. John Kellie, William Sprent, William M'Calmont, Pa¬ trick Walker, James Muirhead, John Hodge, William Niven, John Corbet, John King, John Taggat, Thomas Shilston, Patrick Urie, Colin Alison, Robert M'Lellan, Ro¬ bert Goodwin, John Hutchison, Christian Cavie, Elizabeth Corse, Grizel Wother- spoon,JeanM‘Ghie, Margaret Ferret, Elspeth and Janet Fergussons, to he delivered to Mr George Scot of Pitlocliie, and by him transported to his majesty’s plantations in East Nevv-Jersey, in the ship lying in the road of Leith, now bounding thither, upon his finding sufficient caution to transport the haill forenamed persons to the foresaid plantation, and to report a certificate of their landing there, from the governor or deputy-governor of the place, once in September 1686 years, under the penalty of five hundred merks for each one of them in case of failure; sea hazard, mortality and pirates being always excepted ; and discharge the fore- named persons formerly, and now ordered to the said plantations, ever to return into this kingdom without license, and under the certification, as aforesaid ; and the said lords do hereby give order and warrant to the bailies of Leith, and keepers of the tolbooth thereof, to deliver the haill fore¬ named persons to the said Mr George Scot of Pitlochie, when he shall require them, conform to the warrant given him for that effect, and to be concurring and assisting to him in putting them aboard ; and, if need be, recommend to general Dalziel to allow him such a party of his majesty’s forces as he shall think fit for that effect: and the said lords having considered the case of the persons under- written, afz.Charles Gray, Mr William M'Millan, John Harper, Thomas Black, Walter Black, Patrick M'Jore, James M'Call, John Watt, George Muirhead, Robert Young cooper in Glasgow, John Wallace, William Gilmour, William Nicol, William Waterston, James Lockhart, Thomas Bredie, the two Robert Bredies, John Bredie, Robert Barclay, William Latta, James Ritchie, James Orr, James Glen, Hugh Blair, and Robert Gilmore, who have taken the oath of allegiance, do hereby give order and warrant to the bailies of Leith, and keepers of the tolbooth thereof, to set them at liberty, upon their enacting themselves, ilk one of them under the penalty of five hundred merks, that they shall compear before the council when called for, and in the meantime live regu¬ larly and orderly, except the said Mr William M'Millan, who is to enact to the effect foresaid, under the penalty of five thousand merks ; as also Thomas Paterson, who has taken the test, upon his enacting as aforesaid, and dismiss Robert Young from the bar, and continue William Brown absent by sickness, and John Wallet an old man, till further order, and immediately dismiss Janet Glendonning from the bar, and in regard Isobel Gordon, Jean Gordon, Mrs Gardner, Margaret Rowan, Agnes Mather, Margaret Lithgow, Elspeth White, and Agnes Hairstanes, have owned the king’s authority, the said lords ordain them also to be liberate, upon their enacting themselves to keep the kirk, and not to harbour or reset rebels, under the penalty of five hundred merks, Scots money, ilk one of them, in case of failure ; and con¬ tinue the case -of Katharine Clark sick, Isobel Ho watson, and Eupham Tlirepland, also sick, till further order ; and in regard Janet Fumerton flatly and boldly in face of council, denied the king to be lawful sovereign, and his authority, the said lords ordain her to be processed before the justices for her life.” August 20tli, Robert Goodwin is ordered to be brought from Dunotter ; and August 2 1st, William Jackson, William Cunuingham, John Muirhead, Thomas Jackson, Michael CHAP. IX.] OF THE CHURCH OF SCOTLAND. 223 Marshall, Robert andDavidCampbells,are de¬ livered to Pitlochie ; and August 25th, Gavin Lockhart, RobertAdam, and GilbertMonorg, are given to him. The married women sentenced to the plantations, who are with child, are ordered to be returned to Edin¬ burgh prison ; and John Urie, John Hunter, Colin Alison, William Hannah, Elspeth Corss, Jean M‘Ghie, and Christian Scot, banished formerly, are stopped ; and Janet Linton, with Bessie Gordon, are given to Pitlochie, John Watt, John Smith, and John Marshall, likewise are given him. Walter Ker is banished to the plantations September 3d, and Thomas Martin, John Reid, Robert Martin, and John Martin, are liberate on taking the abjuration, and bond of five hundred merks to compear when called. October 15th, some others are before the council, and their act about them follows. “ The lords of his majesty’s privy council having called for, and examined the several prisoners under-written, and considered their cases, do remit James Patrick indweller in Kilmarnock, Alexander M‘Millan bom in Nithsdale, and Gilbert MTlwrick in Commonel, to be tried before the justices, for their not owning the king’s authority, and refusing to take the oaths of allegiance or abjuration; and in regard Archibald M‘ Bread in Logan owns the king’s authority, offers to take the test and abjuration, and was discovered and brought in by his father, as having been in company with the rebels, the lords recommend to the lords secretaries, to interpose with his sacred majesty for a remission to him for his life only, and ordain a letter to be writ for that effect ; and in the mean time grant order for his liberty on caution, under the penalty of five hundred merks, to compear when called ; as also ordain Patrick Maxwell and John Haddoway in Douglas, to be liberate upon their taking the oaths of allegiance and abjuration, and finding of caution, ilk one of them, under the penalty of five hundred merks, to com¬ pear when called, and in the meantime to live regularly and orderly ; and in case the said Patrick Maxwell cannot find caution, allow him to be liberate on taking the test, and enacting himself as aforesaid ; and continue the case • 1685 of Andrew Leslie, seaman, who e ’ came alongst with Argyle, who acknow¬ ledges his regret for being in such company, casts himself on the king’s mercy, and offers to take the test till the council be more frequent; and ordain Homer Car- non, taken with a gun he had gotten from the rebels in the hills, and refuses the oath of allegiance, to be processed before the council in order to banish¬ ment ; and appoint Hugh M'Kinasters, who has made discoveries of several persons re¬ bels in Galloway, and who were accessory to the attack of the castle of Stranraer, Avhere- of some are taken, to be further examined upon oath by the earl of Balcarras and Claverhouse ; and allow James Templeton in Lesmahagow, to consider the oath of allegiance till the next meeting.” November 26th, James Bryce wright, and James Russel weaver, are liberate on bond of five hundred merks to appear when called; and William Howat, because he refuses the oaths, to be processed in order to banishment. That same day David Paterson in Eaglesham, William Somerwel, William Freugh there, James Rae in Udiston, and John Park weaver in Lanark, for conventicles, and refusing the oath of allegiance, are banished, and delivered to Mr Fearn. December 9th, John Anderson in Lanark for breaking the tolbooth there, and re¬ fusing to own the king’s authority is banished, and given to Mr Fearn ; and David Porterfield, David Paterson, James and William Somerwels, William Freugh, James Rae, John Park, John Anderson, Thomas Wylie, John Hogg, John Gemble, John Hunter, James Patrick, Edmond Garmarthan, John Arbuckle, and James Mack, are banished. Thus I have given what accounts T have observed in the council-registers this year, which relate to particular persons, and to vast numbers who were banished. Several other things relative to such as were pro¬ cessed before the parliament and justiciary, and the prosecutions after the earl of Ar- gyle’s attempt, will come in under the following sections. THE HISTORY OF THE SUFFERINGS [BOOK III. 224 SECT. v. Of the procedure of the justiciary court this year. I come now forward to give a detail 1685 • b ' of the proceedings of the justiciary court this year, and having been so large in my extracts upon the former years, I may omit now many of the forms and circum¬ stances, and shall give the processes before them, and the public executions only in hints, with some things anent the sufferers, from other papers, as I go through. The earl of Tarras’ process comes on January 5tli, this year. By the council-re¬ cords, September 16tli last year, I find “ the earl of Tarras, lately brought in prisoner, desires to be examined. And December 1 6tl), the advocate is ordered by the coun¬ cil to process the earl for treason.” The process, as hath been noticed upon Jervis- wood’s trial, was upon his own confession, and this confession was brought as a proof against Mr Bailie, and the sentence and process is delayed till now, that though he had confessed and come in the king’s mercy, yet he might not be under sentence when adduced as a witness. This day he appears, and his indictment is read, which is as fol¬ lows. “ Walter earl of Tarras, you are in¬ dicted and accused, that where, notwith¬ standing by the common law of this and all other well governed nations, the concealing and not revealing of any treasonable dis¬ course, does infer the pain and punishment of treason ; nevertheless there being trea¬ sonable designs in England for rising in arms against the king our sovereign, whom God preserve, and for killing, at least seizing his sacred person, and the person of his royal highness, and for forcing his majesty to such proposals, as they, the damnable conspira¬ tors, should make; there was a juncto likewise of the Scottish nation, called up by them, who did meet and assemble them¬ selves at London in the months of February, March, April, or May, 1683, at which meet¬ ing were present the lord Melville, Mr Ro¬ bert Bailie of Jerviswood, Sir Hugh Camp¬ bell of Cesnock, Sir George Campbell his son, Montgomery of Langshaw, Sir John Cochran, Mr Robert Martin, and Mr William Veitch an outed preacher, and others, where, after they had most treasonable and seditiously misrepresent¬ ed his majesty’s royal government, espe¬ cially in Scotland, and the administration of his royal highness his majesty’s commis¬ sioner, and his judicatories here, thereby to excite one another to the designed con¬ spiracy and rising intended against him, and to serve as a pretext to excuse their wicked design of joining with the conspi¬ rators in England, they did send Mr Robert Martin with a commission unto Scotland, and he carried letters, particularly a letter to you the said earl of Tarras, and the said Mr Robert Martin having arrived here in Scotland in the month of May 1683, he did address himself to the laird of Torwoodlee, and they sent for the lairds of Polwart, Philiphaugh, and you the said earl of Tar¬ ras, and before Polwart came, the said Mr Robert Martin and you, or at least yon and Philiphaugh, did talk of a rising in arms, upon a suspicion that the country party in England should have thought of going to arms, and if it were not fit, in that case to seize upon the officers of state, and other officers here, and to surprise Berwick and his majesty’s garrison of Stirling, and others, and his troops of horse and dragoons in this kingdom. After which you Avent to Gallowsliiels, and met with the lairds of Gallowsliiels and Pol¬ wart, and after you had tried if the laird of Gallowsliiels would be secret, you did at last formally talk of rising in arms, and of concurring with the late earl of Argyle a declared traitor, who should land in the west, and of bringing the king, by petitions or force, to abandon his royal brother, and of delivering him up to a legal trial, as a sure remedy for settling all disorders, and repairing all grievances, both in England and here ; and as a certain step for seclud¬ ing him from the succession to the imperial crown of his majesty’s ancient kingdom; and if this was not done in the king’s own life-time, the opportunity would be lost. And those overtures were concerted be¬ tween your friends at London, and the country party, (for so you called the con¬ spirators) and then it was positively talked by one or other of you, that upon the cer- CHAP. IX.] OF THE CHURCH OF SCOTLAND. 225 tain news of England’s being in the fields, those in the southern shires should pre¬ sently rise, and to get as many as they could who should be able to deal with stragglers, and that officers should be trysted to command ; that then the earl of Argyle was to come from beyond sea, and Sir John Cochran from England to the west country. And there was a sign and a word appointed for those you call honest men, to know one another by, and that upon the news you were to have from England, you were to meet upon mid-sum¬ mer. Which overtures, or one or other of them, either you yourself made or heard and concealed the same, or at least you did talk what was to be done if England should rise in arms ; and did treat of giving them or the late earl of Argyle, a declared trai¬ tor, some assistance here. And you being present when those, or such like overtures as those, were treated, you did conceal, or not reveal the same. Wherethrough you are guilty, at least art and part of the treasonable crimes abovementioned, which being found by an assize, you ought to be punished with forfeiture of life, lands, and goods, to the terror of others to commit the like hereafter.” The indictment was found relevant by the lords, and remitted to an assize. The advocate for probation adduces the pannePs confession, which likewise I insert. Walter earl of Tarras confesseth, “ that about the time Sir John Cochran and commissary Monro got their commission for the Caro¬ lina business, from London, Mr Robert Bailie of Jervis wood desired the pannel to speak to commissary Monro, to try if he could get him added to that commission, and that Jerviswood told the pannel he was going to London however upon his own expenses, and that his and their going about the Carolina business was but a pretext and blind ; and that the true de¬ sign was to press forward the people of England, who would do nothing but talk, to go more effectually about the business, and do something. Confesseth, Jerviswood did settle a correspondence with him whereby he was to give an account to the pannel what should pass between the country party in England, and the Scotsmen there; and on the iv other hand, that the pannel was to ^ write to him what occurred here. Confesseth, Jerviswood said to him, that if the king would suffer the parliament of Eng¬ land to sit and pass the bill of seclusion, that that was the only way to secure the protestant religion. Confesseth, that Jer¬ viswood said to him, that the king might be induced thereto, if the parliament would take sharp and brisk measures with him, or the like words. Confesseth those words were spoken to him since the last session of parliament, and before Jerviswood and commissary Monro went for London ; that he gave the pannel account by letters that things were in great disorder there, and that he hoped there would be effectual measures taken to remedy them. Confess¬ eth, Mr Robert Martin came to Torwood- lee’s house, May 1683, or thereby, and brought a letter to the pannel’s lady un¬ subscribed, and the pannel knew it was Jerviswood’s hand then at London, and that Mr Martin told the pannel that things in England were in great disorder, and were like to come to a height, and that the country party were considering on methods for securing the protestant reli¬ gion, and that the late earl of Argyle was to get ten thousand pounds sterling, where¬ as our Scots people sought thirty thousand pounds which was to be sent over to Hol¬ land to provide arms, and the said earl was to land with those arms in the West High- o lands of Scotland, and that Jerviswood was to be sent over with the money. Confess¬ eth, Pliiliphaugh and he went to Gallow- sliiels’ house, where they met with Pol- wart and Gallo wsliiels, that it was talked among them there that if England should rise in arms, it were necessary in that case, that so many as could be gotten upon the borders should be in readiness to deal with ♦ stragglers, and seize on horses, that there¬ after they should join with those that were in arms on the borders of England, Confesseth, that in the case foresaid, it was said, that it was convenient that the castle of Stirling, Berwick, and some other strengths should be seized upon, and that the kind’s officers of state should be seized It was also spoken of, that some persons should be employed to inquire what arms 2 F 226 THE HISTORY OF THE SUFFERINGS [BOOK III. were in that country. Confesses, it was spoken then, that the best time for Argyle to land in the west, was when there was some stir in England or Scotland, or words to that purpose. Con¬ fessed, that every one desired another to speak to such persons as they could trust, by letting a word fall indirectly, upon sup¬ position in case of the rising in England, concerning preparing themselves ; and that he was after told by Philiphaugh that there was a word or sign among them, the sign was by loosing a button on the breast, and that the word was harmony. Confessed, that at the house of Gallowshiels, he heard it spoken of, that the king by petitions or force might be brought to abandon his royal brother, and deliver him to a legal trial, or to this purpose, as a sure method for set¬ tling all disorders, and removing all griev¬ ances both in England and Scotland, and a certain step for secluding the duke from suc¬ ceeding ; that he heard it talked that Sir John Cochran was to come to Scotland with the rest of the Scotsmen.” Further, Philiphaugh and Gallowshiels, are adduced as witnesses against the earl, and their declarations are already more than once printed. The assize, January 6th, bring in the earl guilty of the crime of treason, and art and part therein, as being upon the contrivance of the conspiracy li¬ belled, and concealing, and not revealing the same, and of accession to the design of excluding his royal highness the duke of York from succeeding, proven by the pan- nel’s confession. The lords sentence him to be executed as a traitor, and his fame, name, and memory extinct, &c. in common form, as above. Upon the 4th of February, I find a let¬ ter comes to the council acquainting them that the king grants a remission to Walter earl of Tarras, now condemned to die, as to his life only ; and orders him to be liberate upon his giving of good security to the coun¬ cil to compear when called. And March 10th, the earl is allowed by the council to go to the country for his health, upon his bond to compear when called. The criminal court go on to execute some poor country people, for not disowning the late declaration of the societies. January 19th, Robert Miller mason in Rutherglen, and Robert Pollock shoemaker in Glasgow, so he is designed in the registers, other ac¬ counts bear, he lived in Kilbride parish, are indicted for treason, just in the terms above in George Jackson’s case, December 8th last year. The probation is their own ju¬ dicial confession before the council, that they do not disown the declaration. The assize bring them in guilty ; and the lords sentence them to be hanged between Leith and Edinburgh, upon Wednesday January 23d. By other accounts I find, Robert Pollock was taken a little before the court in October last, and sent into Edinburgh ; that he died at the Gallovvlee, in great peace and full views of his right to eternal happi¬ ness. Robert Miller died with the former in much serenity and inward consolation. They were executed early in the morning, betwixt eight and nine of the clock. This declaration, as we heard, was a new handle to hurry a good many country people into eternity, who were not concerned in any rising, but merely for their opinion, and that they could not explicitly renounce the de¬ claration. And none of them that suffered at Edinburgh, as far as I can observe, were any way concerned in the framing of it, and few or none in the publishing it. 1 meet with no more public executions at Edin¬ burgh, till Argyle was taken. The king’s death did cast things into a new shape: but we shall just now meet with abun¬ dance slain in the fields without any process. I go on to some forfeitures before the justiciary court. Severals who were cited to the parliament, as we heard, ex abundanti, are cited before the criminal court, and for¬ feited. I can give no reason for it, but in order to a present intromission with their lands and rents, which both put money in the pocket of some people, and very much straitened the gentlemen. January 26th, the process begins against Polwart, Torwoodlee, and Salton. The council, November 13th, last year, order the advocate to pursue Sir Patrick Hume of Polwart for treason, and November 15th, he hath the same orders as to Torw oodlee. Why they were both delayed till this time I know not ; they w ere happily out of the way, and the process went on in their ah- CHAP. IX.] OF THE CHURCH OF SCOTLAND. sence. The above day, “ Sir Patrick Hume of Polvvart, George Pringle of Torwoodlee, and Fletcher of Salton, being cited and called to appear, and underly the law for treason, in contriving the death of his majesty, and the duke his brother, over¬ turning the government, converse with re¬ bels, and concealing of treason, and not compearing, are denounced rebels, and put to the horn, and all their lands, heritages, goods and gear forfeited to his majesty’s use.” January 28th, the coun¬ cil pass an act, which lets us into one rea¬ son why those good patriots were thus pro¬ cessed before the parliament met. “ The lords of his majesty’s privy council give or¬ ders to secure the goods and rents of the lairds of Salton, Polwart, Torwoodlee, and other declared fugitives before the justices, to be made forthcoming for his majesty’s use.” We have already heard of Sir Patrick Hume of Polwart upon the second book, and his noble appearances for the liberty of his country, under the oppression of the duke of Lauderdale and his party; and the same spirit of liberty, as well as his concern for the protestant religion, moved him to appear against a popish successor, which we see from the mouths of the managers, was all that was in the pretended plot and conspiracy, about which they make such a noise now : and this same person had the honour to appear once and again afterwards, when earl of Marchmont, for the securing our holy religion and civil liberties from a popish pretender, by lengthening out the entail, fixing it upon the august, and now royal family of Hanover, and securing a protestant successor to this nation, which the historians of that period cannot fail to observe to his lordship’s glory. Mr Fletcher of Salton is likewise well known to the world, as one who endeav¬ oured to make a stand against every thing he reckoned against liberty and property, and his appearances in our Scots parlia¬ ments since the revolution, are generally known. He is lately deceased, and was one of the brightest of our gentry, remarkable for his fine taste in all manner of polite learning, and his curious library, his in¬ defatigable diligence in every thing he thought might benefit and improve his country, his bold and brisk appearances against what he reckoned en¬ croachments upon the privileges of the subject, as well as his sobriety, temperance, and good management. The laird of Torwoodlee was likewise a gentleman of a fine spirit, and singularly religious. I think it will be acceptable to the reader, to have here an attested account, writ with much distinctness and integrity, I have lately received of the sufferings of that excellent family of Torwoodlee, which the worthy gentleman Mr Pringle, his son and heir, is ready to vouch in every article ; and indeed he wanted not his own share in the sufferings of this time, though then but a youth : and I shall give the whole narrative together in this place, where it comes in natively, though some branches of it relate to the former period, and others to the succeeding years, and I persuade myself the reader will not weary of it. “ George Pringle of Torwoodlee, in the shire of Forrest, represented a family that had the honour and happiness to be among the first who publicly owned and stood up for our holy reformation from popery in that country ; and through the several descents of it since, they have adhered to the same reformation rights, under all the attacks from the bloody designs of papists, or the violent encroachments of the epis¬ copal clergy and their abettors. This gen¬ tleman in particular I am now accounting for, served the king in most of all the actions he had against the usurper in Scotland; yet this did not save him from the violence of that torrent, which carried almost all honest men and things before it after the restoration. And though he had some of considerable figure in that ministry, his friends, he was involved in the fine-act, and obliged to pay a considerable fine to the' public, for his alleged compliance with the usurper, in acting as a justice of peace, a crime so universal, one would have thought, that in such a crowd of delinquents lie might have passed unobserved ; but he had behaved himself with too much vigour in restraining all manner of enormities, not to be taken notice of by a court and 223 THE HISTORY OF THE SUFFERINGS [BOOK Ilf, j ^ ministry that were upon the plot to ' unhinge the nations of all their princi¬ ples, religious, or moral, that so they might free themselves of every thing that might be a dead weight upon the measures for our slavery, then laid down. This, with his re¬ fusing the ensnaring oaths of allegiance and supremacy then imposed, were the true ground of his sufferings about the year 1662. Mr Pringle from the year 1662 to 1681 lived in a close retirement from all public business. Though he did not con¬ form to prelacy, yet he had no share in those struggles for religion and liberty at Pentland and Bothwell. His house was a sanctuary for all the distressed that came to him, and these were neither few, nor of the meanest quality ; but as the measures for our slavery quickened, so did the troubles of honest men. “ The establishment of the succession to the crown upon James then duke of York, gave a clear view to all thinking people, what was to be the fate of our re¬ ligion and liberty. The oath called the test, was to be the shibboleth of that time. The known trial of the earl of Argyle needs not be here repeated ; but the es¬ cape of that great and good patriot opened a new scene of trouble to Mr Pringle. My lord came to his house, or near by it the night of his escape ; his just haste to be out of the way had given him no time to provide either horses or money sufficient for what was fit for him to do. Mr Pringle served him in both, and fur¬ nished him with a trusty servant that knew the roads, who carried him into England, but both horses and rider were known be¬ fore he got out of the country. From that time he behoved to be upon his guard. And one of these horses that carried off the earl was put in a neighbour’s hand to compli¬ ment the duke of Queensberry, which was accordingly done, yet there was no safety for Torwoodlee at his own house, which obliged him to seek his lodgings in several retirements, which were kept so close, by God’s goodness to him, and the faithfulness of those about him, that he could not be found out. In this time it was when the southern shires were ravaged by the laird of Meldrum’s oppression, commissioned from the council, with whom joined some other unnatural country gentlemen, such as Riddel of Hayning, Ker, Graden, Pringle of Blindlee, all whose names are now sunk. Summer 1684. Meldrum and Hayning having fined Mr Pringle for church-irregu¬ larities, exacted five thousand merks Scots from him, with a promise of security against any further prosecution, or if he were, that that sum should be allowed in the first pay¬ ment. The receipt is yet in his son’s hands. But within some weeks they being sharply reproved by the managers of our ruin, he was again cited before them, and fined in two thousand pounds sterling. “ But the pretended plot being trumped up, whereby Russel, Essex, colonel Sidney and others were executed in England, and Jervis wood, that worthy patriot in Scotland, Mr Pringle was sought for as concerned in it. At that time were taken up the earl of Tarras, Philiphaugh, and Gallowshiels ; Sir Patrick Hume of Polwart and Tor¬ woodlee escaped, the last by Meldrum’s friendship, who since he could not make good to him the money he had got from him, did generously send him advertise¬ ment, that he was to send a party that night to apprehend him. He continued lurking till he got over to Holland, that happy receptacle for the distressed of all nations. But to heighten his family’s suf¬ ferings, about eight days after the former, there came a second party to his house, where they seized his son, who had been abroad at the first search, a youth then of sixteen years, and carried him to Edin¬ burgh, where he was shut up in prison, for more than three months, without the least crime laid to his charge. But the prison came to be so crowded before that time elapsed, that he was admitted to the exor¬ bitant bail of five thousand pounds sterling, though still confined to the liberties of Edinburgh, and in two months more was ordered to attend the secret committee, that court of inquisition of those times, where, by the duke of Queensberry lord high treasurer, he was threatened with having every bone of his body broken, every joint disjointed, his flesh ript up, and boiling oil and lead poured into him, if he did not acquaint them who informed his CHAP. IX.J OF THE CHURCH OF SCOTLAND. father of the party’s coming (a barbarous office for a son to turn witness against his father!) and the executioner was accord¬ ingly brought. But upon second thoughts his punishment was turned to three or four weeks’ close imprisonment in the castle of Edinburgh, where none were admitted to see him, or speak with him, except his keepers, or what was worse, the chaplain of the garrison, and so he was admitted a second time to a five thousand pounds sterling bail. It was fit now king Charles should die, and his brother succeeds ; upon which fol¬ lows Queensberry’s parliament, where the finishing stroke was given to the nation’s liberty, and the king’s dispensing power established by law, and these bloody and detestable statutes enacted, that are, to the indelible infamy of the projectors, a scandal to the protestant name, a terror to that age, aud a warning, it is hoped, to all posterity, of the native tendency of absolute power, and indefeasible right. All that were processed before them were for¬ feited, among whom was Torwoodlee, who, among the rest of the malheurs of his for¬ feiture, had the misfortune to be betrayed by his friend at London ; for when all, in the unhappy circumstances of his excellent lady, had secured their liferents according to their contracts, Mrs Pringle was denied hers, which obliged that afflicted family to transact with their oppressors, at the rate of ten thousand merks, more than they otherwise would have given for that oppres¬ sive composition. Meanwhile Torwoodlee made another escape to Holland, after the miscarriage of the earl of Argyle’s design to save his nation, a design that was reserved, it seems, for the glorious achievement of the great king William. In magnis voluisse sat est. At that time his son was searched for by a party a second time, notwithstand¬ ing of the 5000 pounds sterling bail ; but he offered himself to the government, and was confined for three months more to the castle of Blackness, where he was barbar¬ ously used by the governor, Livingstone of Bedlormie. And as if the melancholy lot of suffering had been confined to Mr Pringle’s family, his brother, Mr Alexander Pringle in Cadenlie, was involved in his sufferings ; for his brother-in-law, . ° . 1685 Hayning, stretched his exorbitant power as far as it would go, till he left Mr Pri n- gle nothing he could be master of. His very daughter that was married to Mr Pringle of Green-know, did not escape the inveterate malice of those oppressive times ; for though her husband was severely fined, of which his sons have now the receipts, yet she also was forced to attend the several circuits of those arbitrary judges. Whatever inward supports Mr Pringle might have during his difficulties, I shall not pretend to tell the world ; but I cannot forbear to mention the heroic spirit of his lady, who, in most of all the parts of his trials, gave him an account of their approach ; and this not to affright or deter him from suffering for his country’s interest, but to arm and prepare him for what he was to undergo. She bore all her difficulties with an unexampled serenity and evenness of temper ; one evidence of which was, when the harpies of that time came and seized her estate, set her lands» and rummaged her house, her only son lay upon her hand, despaired of by the physi¬ cians, and her husband in hazard of a pub¬ lic death, for his firm adherence to the good old cause, she showed such contentment and acquiescence under all those complicated disasters, as is rarely to be found ; and in her darkest night, rejoiced in the faith and hope of those days she lived to see after the revolution. She was a daughter of Brodie of Lethin, in the north of Scotland, a name very well known for a stanch at¬ tachment to their country’s interest. She and Mr Pringle were happy together in their mutual love. After the storm had blown over, he died July 1689, among the midst of his friends, regretted even by his enemies. His lady outlived him a year and some montus, and left the world without pain or sickness ; both of them rare examples of conjugal love, Christian patience, and an unshaken steadi¬ ness to a good interest. He was of a mas¬ culine presence and eloquence, his natural temper facetious, but still he was a check to all exorbitancies. He served his coun¬ try in the convention of estates, called by the instrument of our deliverance, William prince of Orange ; and, with his colleague 230 THE HISTORY OF THE SUFFERINGS [BOOK III. Sir William Scot of Harden younger, ^ J' voted the offer of the crown to him and his incomparable princess, April 1089. This gentleman, besides his personal hard¬ ships, had suffered considerably in his estate under our general oppression ; for, because they could not reach his life and fortune they found means to affect his estate, for his mother’s not keeping of the church, to the value of three or four thousand pounds sterling. She was a daughter of the house of Kilmarnock. I cannot go into the de¬ tail of every private sufferer ; but consider¬ ing the smallness of that shire of Forrest, there is none in the country, I think, went beyond them in all manner of trials.” When I have written over this clear and affecting account, as the reader and I am in the debt of that gentleman who sent it me, so I cannot but regret the want of such distinct narratives from other parts of the country, of many excellent gentle¬ men and others. Such as have come to my hands are carefully inserted, and from them and what is extracted from the public records, the reader will be in case to frame a tolerable notion of this black period. To give all 1 meet with together as to this worthy family, April 21st, James Pringle younger of Torwoodlee gives in the following petition to the council, upon which they pass the following act. “ Anent the petition presented by James Pringle younger of Torwoodlee, showing, that the petitioner being imprisoned in November last, by an order from the lords of the se¬ cret committee, and being thereafter exam¬ ined, and having given full satisfaction to the council, as to any questions proposed to him, he was thereafter set at liberty, upon his finding sufficient caution, that he should confine himself to the town of Edinburgh and liberties thereof, and should not depart from thence without liberty from the council or the secret committee, and that he should appear before either of them when he should be called for : in obedience to which order and act of cau¬ tion, he hath constantly staid in Edinburgh, and hath never gone without the ports since he was liberate ; and seeing the peti¬ tioner is become very tender, and is fre¬ quently subject to a bleeding and great pains, and that his confinement to Edin¬ burgh, especially in the summer time, will much endanger his health, his mother being old and infirm, and not able to wait upon him in Edinburgh : likeas, the petitioner shall always deport himself as a peaceable and loyal subject ; and therefore humbly supplicating his grace his majesty’s high commissioner, and the council, to consider the petitioner’s case, and his innocency as to any crimes, and therefore to discharge his confinement, and to allow him to go home to his mother’s house, for recovering of his health. The lord commissioner, and the lords of the secret committee, allow the abovenamed James Prirmle of Tor- o woodlee younger, to go to the country, and to pass and repass, on his giving bond with caution as formerly, to compear when call¬ ed by the council and secret committee.” 1 meet with no more forfeitures before the justices till March 17th, when “ Sir James Dalrymple of Stair, Mont¬ gomery of Langshaw, Mr Eobert Martin late clerk to the justiciary, Mr Gilbert Elliot sometime writer in Edinburgh, Mr Robert Fergusson sometime chaplain to the earl of Shaftsbury, being oft-times called, did not compear, though cited according to law, for their being accessary to the late horrid plot against the life of his majesty and his late brother Charles II. their sov¬ ereign, being accessary to the rebellion 1679, reset and converse with rebels, and doing favours to them, are decerned out¬ laws and fugitives, put to the horn, and their moveable goods and gear to be escheat, and brought in for his majesty’s use. The advocate declares he is satisfied no act be extracted against them, till May 16th next, when at his instance they are cited to ap¬ pear before the parliament.” We have noticed the reason why, though under citation, they are processed now. How far this procedure agrees with forms of law, I must leave to others ; with righteous¬ ness and equity it does not, I am persuad¬ ed ; and the advocate is so far convinced of this, that he is content extracts be stopped till afterwards. One may then inquire why is the act made, if the execu¬ tion of it be stopped ? I shall give all I C1IAP. IX.] OF THE CIIUUCH OF SCOTLAND. 231 meet with in Hie justiciary registers, with respect to these persons together. May 5th, the persons formerly cited to the parliament, whom 1 need scarce re¬ sume, “ Ochiltree, Polwart, lord Melville, Langshaw, Mr Fergusson, Mr Martin, Kirkton, Cultness, West-shiels, Salton, earl of Loudon, Torwoodlee, Bassenden, and Mr Stuart indicted before the parlia¬ ment for treason ; yet that they may have personam standi , the lords allow relaxation to them, that they may propound their defences before the parliament. May 15th.” But though the lords relax the law that they may come further under the lash of it, yet the estates of those who were put to the horn, and their moveables, were not restored, and indeed rendered useless to them. I meet not with them again till after the act of parliament is passed, and that court risen, and then such as the parliament had remitted to the justiciary are processed. July 1 6tli, “ Aneut the criminal action intented and pursued before the estates of parliament, and now insisted upon before the justiciary against West- shiels, Mr James Stuart and Mr Gilbert Elliot, advocates. Their indictment is read. West-shiels is indicted, that he hounded out persons to the rebellion 1679, and reset and harboured on his ground persons who had been there, corresponded with Bedlane a forfeited traitor, and sent money and supply to him, particularly paid to Robert Blackwood merchant in Edin¬ burgh his wife, ten pounds sterling upon the said traitor his bill and order. James Stuart, that by writing and speaking he Lad stirred up his majesty’s subjects to sedition (as before in his former indictment narrated); that in the year 1683, he was in a most damnable plot and conspiracy, entered into by the late earls of Shaftsbury, Essex, and Argyle, lords Russel and Gray, major Holms, colonel Richard Rumbold, Sir Hugh Campbell of Cesnock and his son, Sir John Cochran of Ochiltree, David Montgomery sometime of Langshaw, Sir Thomas Stuart sometime of Cultness, Sir Patrick Hume sometime of Polwart, George Pringle sometime of Torwoodlee, Mr Robert Martin, Mr Robert Fergusson and other rebels, for taking away the king’s life, and that of his late brother Charles II. his sovereign, for in¬ vading- the kingdom. And the said Sir William Denholm of West-shiels, James Stuart, and Gilbert Elliot, went over to Holland, and negotiated, consulted, and con¬ trived the said rebellion and invasion, and did treasonably and daily converse with the late earl of Argyle and Mr William Veitch, another declared forfeited rebel. And an act of parliament remitting them to the justiciary, was read, dated Edinburgh, June 16tli, 1685. Our sovereign lord, with con¬ sent of the estates of parliament, docs hereby remit to the commissioners of justiciary the process of treason intented against the heirs of the deceased James earl of Loudon, Sir James Dalrymple of Stair, James Stuart son to Sir James Stuart late provost of Edinburgh, Colin Campbell of Ardkinglas, Sir William Denholm of West-shiels, John Weir of Newton, John Hay of Park, Sir William Scot younger of Harden, Andrew Fletcher of Salton, Hume of Bassenden, Mr Gilbert Elliot, Walter Lockhart of Kirkton, to be discussed by them upon summons pursued before the parliament, which is hereby declared to be as valid as the persons had been summoned at the first instance before the justices ; and hereby empowers the lords to proceed against them, and forfeit them for the con¬ spiracy, and art and part therein, concealing and not revealing the same, and other crimes, notwithstanding they be absent.” The lords find the indictment relevant, and remit it to an assize. The witnesses are, John Cochran, sometime Sir John Cochran of Ochiltree, depones, that James Stuart was at a meeting in Holland with the late earl of Argyle in April last ; that Sir William Denholm of West-shiels conversed with the late earl of Argyle, came over with him, and was in the rebellion, and the same as to Mr Gilbert Elliot. John Cochran of Waterside depones ut svpra, and that Mr Gilbert Elliot was clerk to the meeting of the rebels. Mr William Blackadder doctor of medicine, depones, he saw all the three in a room with the earl of Argyle, that West-shiels and Mr Elliot came over 232 THE HISTORY OF THE SUFFERINGS [BOOK III. with him. David Stuart younger of Cultness depones, they were several times in a room with the late earl of Ar- gyle in winter last. Mr Thomas Archer depones, he saw Mr Stuart with the earl of Argyle at Utrecht two years ago, that West-shiels and Mr Elliot came over with him. The assize bring them in guilty, and the lords sentence them to be executed to death when apprehended, &c. and forfeit them. There is no more in the registers about the rest remitted by the parliament this year. I need not insist upon these worthy gentlemen now forfeited by the jus¬ ticiary. Sir James Dalrymple of Stair is ■well known to the world, by his learned wo.rks and shining piety.* 1 have said somewhat before of Mr Stuart, for many years king’s advocate since the revolution, a person every way eminent for religion, learning, and law, and far above any char¬ acter in roy power to give.f Mr Elliot, * Sir James Dalrymple, the seventh baron and first viscount of Stair, was born 1609, edu¬ cated at the college of Glasgow, and died 1695. His principal works are, the Institutions of the Law of Scotland, and Decisions of the Court of Session. During hisexile he published at Lyons a curious Latin work entitled, Physiologia Nova Experimentalis. Of his “ Apology for himself,’’ published at Edin. in 1690, an unique copy is extant in the Advocates’ library. — Ed. t We extract the following condensed account of this distinguished man from the Edinburgh Christian Instructor, for Oct. 1813; where the reader may find some interesting extracts from his MS. notes on the Bible still extant. “He was the son of Sir James Stuart, provost of Edinburgh, and was born in August, 1635. He studied law, in which his attainments were great. Remarkable for his zeal in religion, and his attachment to presl>3rterian principles, he soon became obnoxious to government, and expe¬ rienced a share of that persecution with which they endeavoured to bear down all their oppo¬ nents. It was alleged that he had a hand in writing the well known paper, entitled, ‘ An account of Scotland’s grievances, by reason of the Duke of Lauderdale’s ministry, humbly ten¬ dered to his sacred Majesty.’ In consequence of this, and on account of his general hostility to a despotical court, orders were issued, (Feb. 1675,) for apprehending him, and putting him into close confinement. Through the kindness of his friends, however, and the good providence of God, he escaped from the execution of this ar¬ bitrary warrant, and lived several years in re¬ tirement, applying himself closely to religious and professional studies. In 1679, ‘upon infor¬ mation of his peaceable behaviour,’ the king’s letter, ordering him to be seized and imprison¬ ed, was recalled, and he was again reponed to the royal protection. The active part which he since lord Minto, is lately dead, and filled one room in the bench of justiciary, where this unj ust sentence was given forth against him, as well as a place, in the college of justice, he so well deserved by liis unshaken probity, integrity, and boldness against all unrighteousness and vice.J Sir William Denholm of West-shiels was a religious gen¬ tleman, of excellent abilities, of a plentiful fortune, and got to heaven some years ago after all his troubles § I find by the coun¬ cil-registers September 11th, that they or¬ dain the justiciary to examine witnesses as to the escape of this gentleman. The laird of Langshaw was a gentleman of an old family in Ayrshire, of an excellent and peaceable disposition, who sustained very great losses for his hearty appearances for his country, and the king’s interest when at the lowest, and lurked a good while in Ireland, and after the revolution came home, and died in peace among his friends. |j took in behalf of the earl of Argyle exposed him to fresh troubles. He was one of the eight or nine advocates who, in 1681, gave a formal and legal opinion in favour of that nobleman, and whose interference gave so much offence to the ruling party. And as he could not plead in public, not having taken the oaths, he secretly drew up the state of the earl's case, which was sent to London for the consideration of govern¬ ment. This having been discovered, he was dili¬ gently sought for: but, after lurking a while in this country, he made good his retreat into Hol¬ land. Two years after, a process of forfeiture was raised before the court of justiciar y, against him and many others, and he was soon put to the horn and forfeited. When toleration was established he returned home, and was promot¬ ed to the place of king's advocate — an office which lie filled, during a considerable period, with distinguished ability. He died in 1713.” It may not be generally known that the cele¬ brated work entitled, Naphthali, was the joint production of Sir James Stewart, and of the Rev. Mr James Stirling, minister of Paisley. — Ed. j The most curious information regarding this gentleman will be found in the memoirs of his friend Mr William Veitch, as edited by Dr M‘Crie. — Ed. § Sir W. Denholm was restored after the re¬ volution, and sat frequently in parliament as member for Lanarkshire. See act Pari. Scot, vol. x. & xi. passim. M‘Crie’s life of Bryson, p. 259. — Ed. || David Montgomery of Lainshavv was the name of this respectable gentleman. His lands were gifted to general Drummond who became afterwards lord Strathallan. It appears that Strathallan, (under what impulse is not known) resigned his rights to these lands ; and a charter proceeding on that resignation and on CHAT. IX.] OF THE CHURCH OF SCOTLAND. 233 But I return again to the registers. March 6th, Mr Alexander Shiels is before the jus¬ ticiary. When I was about to give the detail of this reverend person’s sufferings, from his own original papers in my hands, I am prevented by a printed narrative, pub¬ lished from a copy of what he left as a narra¬ tive, without any design that in that dress it should be published. I have not had time to compare this with the original, but I suppose there are no great differences, and therefore I shall only set down what I meet with about him in the records. By the council-registers I find general Dalziel ordered to send a party to Leith, to bring up Alexander Shiels and John Frazer, masters of arts, Andrew Crawford, Charles Gray, William Cunningham, William Oli- phant, John Martin, and John Foreman, sent down prisoners from London ; and March 6th, Mr Alexander Shiels being ex¬ amined before the lords of justiciary, “ did abhor, renounce, and disown in the presence of the almighty God, the late pretended declaration of war, in so far as it declares war against his majesty, and asserts it law¬ ful to kill such as serve his majesty in church or state, army or country ; and August 6th, Mr Alexander Shiels having signed the abjuration, owned the king’s authority, but not upon oath, is remitted back to the council.” And by their regis¬ ters 1 find, August 7th, he is sent under a guard to the Bass. This is all 1 have ob¬ served about him in the records. I can only further refer the reader to the printed account, now in the hands of every body, where the circumstances and qualifications of his doing what is recorded in the regis- ters, will be found. Mr Shiels was a minister of extraordinary talents and usefulness, he was well seen in most branches of valuable learning, of a most quick and piercing wit, and full of zeal, and a disposition from David, is granted by lord Montgomery to James, son and heir of David, dated 6th Oct. 1688. In 1690 the forfeiture is rescinded in parliament, and David Montgom¬ ery restored to all hiscivil rights. His son who succeeded him assumed the title of lord Lyle, and bore it till his death as representative of that no¬ ble family. The old family of Lainshaw is now represented by Sir James Montgomery Cunningham of Kirktenholme, Corsehill, &c. See Robertson’s Ayrshire families, vol. III. passim. — Ed. tv. a public spirit, and of shiningand solid piety. By many original letters of his in my hands, I find him opposing the heights which some of the society people ran to ; and whatever lengths he went in the troubled and oppressed state of the church, when rules can scarce be kept, yet, as soon as a door was opened for giving a testimony against what he took to be wrong- in the disturbed state things had been in, he came in, and brought multitudes with him to join in public ordinances. At and after the revolution he was of singular use in the army, and valued by that great judge of men king William. After he had served God there he came home, and was settled at St Andrews, and was a successful, serious, and solid preacher, and useful minister in this church, till being moved with love to souls, and somewhat of the old apostolic spirit, he was pitched upon and prevailed with to go over with his countrymen to our national settlement at Darien in America, where, by letters under his hand giving a most particular account of matters there, I find his spirit was sunk with the divisions, impiety, and unrighteousness of too many of that handful, and perfectly crushed with the fatal disappointment of that undertaking, which, he shows plainly, had it been faith¬ fully and well managed, would have been of unspeakable advantage to this nation, as well as to the holy Christian religion. He died in Jamaica of a short sickness, after they had left Caledonia.* After his death this church was brought under new debt to him, by the publishing of his essay upon church communion, which I wish were more read and considered by such who withdraw from this national church. Upon the 30th of March, the lords have before them a process of treason against Thomas Kennedy of Grange, John Kennedy of Glenure, and Gilbert M‘Miclian of Kil- saint-ninians ; all the three are indicted of marching with Mr John Welsh, Mr John Black, and some hundreds of rebels to Ayr, and from thence to Botlnvell-bridge. The advocate insists only at this time against Grange, w'ho is absent. One witness de- • See a scarce but curious work, entitled the History of the Darien Expedition, and M‘Crie’s ] Life of Veitch. — Ed. 2 a 234, THE HISTORY OF THE SUFFERINGS [BOOK III pones, he saw him with the rebels when the heads were taken down at Ayr. Other three swear, that they knew not Grange, but they saw one whom others called so, at Irvine, when Mr Black proclaimed the traitorous proclamation drawn at Hamilton. The assize bring him in guilty. April 1st, the lords sentence Kennedy of Grange to be executed to death, and demeaned, &c. when apprehend¬ ed, aud forfeit him ; and that same day Glenure is pursued likewise, for his acces¬ sion to Bothwell. In his defence he pro¬ pounds, that he was before the justiciary of Ayr, and assoilied by them upon his taking the test. The advocate alleges, that he was indicted there only for church ir¬ regularities, and oppones the king’s letter empowering the justices only to meddle with these. The lords assoilie the panne), as res hactenus judicata. What becomes of M'Michan I know not. May 6th, the justices go on to forfeit some more, for being concerned in Both¬ well, in absence, and one of them some time ago dead. “ John M‘Ghie of Larg in Galloway, deceased, by an assize is found guilty of being in arms in company with the rebels, at the standing stones in Tore- house, and in the town of Wigton. When about threescore men came in there to search for arms, June 1679, John Russel of Catcraig, and John Russel of Arnes in Dumbartonshire, are found guilty by the assize, of being in arms with the rebels at Bothwell. The two last are sentenced to be executed to death, &c. w hen apprehend¬ ed, and all the three forfeited, their blood tainted, &c. in common form.” By the council-registers I find James Napier, Allan Atkin, John Peirson, sen¬ tenced to die by colonel Douglas and the commissioners at Cumnock, are reprieved, and recommended to the secretaries for a remission. June 12th, their remission comes for the crimes of concealing the rebels who lately went through the shire of Ayr. The trials of such as were processed after the invasion made by the earl of Argyle, Richard Rumbold, the earl him¬ self, Cultness, Mr Thomas Archer, and several of the earl’s relations, I shall leave to a section by themselves. July 30th, the advocate is ordered to process before the justiciary, Thomas Stod- liart, James Wilkison, Matthew Bryce, Archibald Campbell, Edward Stit, David Low, Gavin Russel, William Cunningham, John Muirhead, William Jackson, and Mr Alexander Shiels, for treason, rebellion, and not owning his majesty’s authority, as also the heirs of the late duke of Mon¬ mouth, Fletcher of Salton, and Claud Alexander of Newton. August 6th, Tho¬ mas Stodhart, James Wilkison, and Mat¬ thew Bryce, are found guilty of treason by an assize, because they refuse the abju¬ ration; and the lords sentence them to be hanged at the Grass-market, Wednesday August 12th. Thus after the soldiers are almost weary of killing in the fields, for alleged refusing of this oath, the justiciary of new condemn some more upon this score. By other papers I find they were executed as above. I have no further of Thomas Stodhart, but what is in his testi¬ mony published in the Cloud of Witnesses, where he says, he first received a sentence of bauishment, and afterward, without the least provocation given by him, he was called to abide an assize, and condemned to die, because he owrned the authority only in as far as agreeable to the word of God ; and because he would not expressly dis¬ own and judge as to the apologetical decla¬ ration. His paper is very plain and natu¬ ral for a common country man, and is as modest as many insert in that collection. Matthew Bryce lived in the parish of Car- munnock, and James Wilkison suffered with him and the former, not July 27th, as the Cloud of Witnesses have it, for they were only tried August 6tli, but the day named, for any thing I know. These two were mostly urged with the oath of allegiance and supremacy, and being asked if they owned authority ; they answered, they cheerfully owned all authority according to the word of God. Upon this restriction, and refusing the abjuration, they were con¬ demned. Since writing wdiat is above, I am assur¬ ed by an unquestionable hand, that this month Gavin Russel, with three others, were executed at the Grass-market; and that their carriage and speeches were much of the same strain with Mr Thomas CHAP. IX.] OF THE CHURCH OF SCOTLAND. 235 Archer’s, afterward to be insert. We see one of this name is ordered to be prosecuted, but I have not observed him in the justici¬ ary-registers, though in such a heap as is there, I may have overlooked him, and it is probable he was executed with these I have been giving some account of. That same day they were executed, the lords, as it were, ashamed of cutting off so many, precisely upon their refusing such an oath, and against whom they had no mat¬ ters of fact, have before them “ William Cunningham, John Muirhead, and William Jackson, who having refused the oath of abjuration, and declared themselves willing to be banished,” the advocate deserts the diet, and the criminal process is dropped, upon their signing an act of banishment, never to return to Scotland without license, under penalty of a thousand merits. August 18th, Thomas Russel and John Henderson apprehended in Fife, as being murderers of the archbishop of St Andrews, when examined, deny the fact, but will not acknowledge it to be murder ; and are ap¬ pointed to be kept close prisoners. August 20th, Russel is banished, and John Hender¬ son is ordered to be tried before the justices ; but, October 17th, I find they make their escape from prison. September 19th, John Welsh of Cornley forfeited, is committed to the tolbooth of Edinburgh close prisoner; and November 19th, Edward Marshall forfeited for being at the rebellion 1679, now prisoner in Falkirk, is appointed by the council to be brought in to Edinburgh; and, November 26th, they recommend it to the justices to meet, and appoint the time and maimer of John Welsh of Cornley his execution ; and in regard Edward Marshall will not own the king’s authority, and was forfeited, that they name likewise the day of his execution. Novem¬ ber 30th, the j ustices meet, and come to the following sentence. “ John Welsh of Corn- ley, who was forfeited July 6tli, 1680, and Edward Marshall heritor of Keymuir, for¬ feited January 17th, 1682, for treasonable crimes mentioned in the verdict of the assize, and decerned to be executed to death, de¬ meaned as traitors, and underly the pains of treason when apprehended ; and now being apprehended, the lords appoint them to be taken to the Grass-market on Friday, December 4th, betwixt two and four in the afternoon, and there to be hanged till dead.” December 4th, I find the coun¬ cil write unto the secretaries for a remission, in favours of Cornley, providing he take the test, allegiance, and abjuration. The man¬ agers had his estate in their hands very much since Pentland, and, I believe, he did not run to any heights in his principles, which could be a pretext for taking his life. But Edward Marshall of Keymuir, suffered with John Nisbet of Hardhill. He lived in the parish of Morrenside, and I have no further accounts of him but what are in his speech printed in the Cloud of Witnesses. Therein he leaves his testimony against all who had gone contrary to the covenanted work of reformation, and acknowledges he was at Bothwell, and that he could never acknowledge it to be rebellion. He further signifies, that in his examination, probably before the council, he was interrogate, if he owned the authority of king James VII. answered, ‘ That he owned him as far as he owned God his cause, and people.’ On which some present said, ‘ That was not to own the king at all ;’ which, whether in jest or in earnest, had truth in it. October Sth, the council order the advo¬ cate to process the heirs of John Martin in Ayr, and John Fergusson sometime in Enterkin-mains, for their being at Bothwell, and to take precognition in terms of his majesty’s letter. Nothing offers this year about them in the justiciary books. 1 come to end this section with the pro¬ cess against John Nisbet of Hardhill, in the parish of Loudon. He had been a person very active for religion, and the preaching the gospel in the fields ; and the persecu¬ tors, as we have heard, had been very particular in their inquiries after him, but lie escaped till the close of this year. And I shall insert an account of him, and his being apprehended, from the Cloud of W it- nesses, and his examination at Edinburgh, from an original letter of his in my hand, and his process before the justiciary, from their books. About the year 1664, Hardhill having had a child baptized by a presbyterian minister, was sorely persecuted by the THE HISTORY OF THE SUFFERINGS [ROOK III. 236 curate, and he came the length as to intimate from the pulpit, that next sabbath he was to excommunicate him ; but in this he was prevented, being’ himself carried into eternity before that time came about. Hardhill was both at Pentland and Bothwell. At Pentland he was so sore wounded, that he was neglected by his enemies as dead, and yet crawled away and escaped. At Bothwell he was a captain, if I mistake not. He was a person of much courage and hardiness, and of a considerable warmth of spirit, and great zeal for what he set up for. He went to as great heights as many of the persecuted party, in setting up against the king’s authority, and in taking a differ¬ ent course from the rest of the presbyterians in this church. He was employed in pub¬ lishing most of the societies’ declarations at Sanquhar and other places ; as we shall, from his own letter, find what sweetness he had in his last sufferings. In November this year, he, with three of his fellow suf¬ ferers, were surprised in a house in Fen¬ wick parish, by lieutenant Nisbet, a cousin of his own, as I am told, by a party of sol¬ diers. They defended themselves, and when resisting, the other three were killed upon the spot, and Hardhill sore wounded. The lieutenant caused bind him, and asked, what he thought of himself now. He answered, “ I think as much of Christ, and his cause, for which I suffer, as ever; but I judge my¬ self at a loss, being in time, and my dear brethren, whom you have murdered, being in eternity.” The lieutenant swore, he had reserved him for a further judgment. John answered, “ If the Lord stand by me, and help me to be faithful to the death, 1 care not what piece of suffering I be put to endure.” By the council-registers, I find that, November 12th, they send a letter of thanks to Colonel Buchan, for taking Nis¬ bet of Hardhill, and desire he may be sent in under guard, and that inquiry be made who harboured him; and, November 21st, a letter is read in council, from the colonel, with which he sent the deposition of Hard¬ hill, and two or three other papers relative to the societies. That day probably he was first before the council, who, November 26th, ordain him to be prosecuted before the justices. From other papers I observe, that the party who seized him, carried him that night to Kilmarnock, and next morning to Ayr, where he w'as examined, and sent in under a guard to Edinburgh. His treat¬ ment there I shall give from a letter before me, writ by himself to a friend, and I shall insert much of it here, as the best account I have of his trial before the council. He tells the person he writes to, “ That he had left a relation of the manner of his taking and his examination at Ayr, in the west country. When he came to the guard he endured much reproach, and was vexed with a multitude of idle and useless questions. When he was brought before the council, he knew Perth, Linlithgow, and bishop Paterson, and several others were present. The counsellors told him, they believed he wras acquainted with every thing among the rebels, and the lords of his majesty’s council would take it as a favour, if he would ingenuously tell what he knew, that the peace and good of the nation might be secured. He told them, when they came to particulars, he should speak nothing but the truth, for he could say, he w'as more afraid to lie than to die ; but he hoped they would be so much Christians as to press him to answer nothing that w ould burden his conscience. They asked him, what they did in their societies and meetings. He an- sw'ered, they sang part of the psalms, read some of the scripture, and prayed time about. They asked him next, why they were called societies. He answ ered, he was surprised at such a question, since the thing was plain, and the name such meetings had in the best times of this church. They asked, where they were kept. Fie answer¬ ed, in the wildest muirs, and most retired places. They asked, what they did at their general meetings. While he stopped a little, considering what to say to this, one of them answered, and gave a more parti¬ cular and distinct account of every part of their way, (he says) than he could do. Then he was asked, if he w^ould own the king’s authority. He answered, he w ould not. They asked his reason, and posed him, whether he owned the scriptures and Confession of Faith, naming several places of scripture, and the 23d chapter of the CHAT. IX.] OF THE CHURCH OF SCOTLAND. 237 confession. He answered, he owned both with all his heart, but the king was a Ro¬ man Catholic, and himself had been not only educate a presbyterian, but solemnly sworn against popery. They replied, what is that to you, his being popish does not bind you to be so too, and hinders you not to live in your own religion. He replied, the contrary appeared, and no liberty was given to hear the gospel, and they were put to the hardest sufferings for hearing it. They said, it was not so, they might have the gospel to hear when they pleased, but their wild principles would not suffer them to hear it. He said, the contrary was well known, and that they had taken away presbyterian ministers, and left none in the nation within their reach, and put such in their places as are profligate wretches, so that poor people neither care, nor dare join with them. They asked him next, if he, and such as he joined with, were clear to join with Argyle. No more, answered he, than with you. Another asked, if they would have joined Monmouth. He answered, No. Said another, in banter, it seems they will have no king but Mr Renwick, and asked him if he conversed with any other ministers than Mr Renwick. John answered, he did not. This, adds he, is what passed that was material. As to drinking of healths, never one of them spoke one word to me, east or west. As to praying for their king, one of them said, he knew I was that much a Christian that I would pray for all men. I told them, I reckoned myself bound to pray for all, but prayer being institute by a holy God, who was the hearer of prayer, no Christian was obliged to prayer, when every profligate commanded them ; and it was of no advantage to their cause, when they suffered such a thing.” He adds, “ How it may be with me afterwards, I cannot positively say, for the Lord is a free sovereign, and may come and go as he pleaseth ; but this I can affirm, he hath not quarrelled with me for any thing since I was a prisoner, but hath always waited to supply with all comfort, consolation, and strength, as my necessity required. And now when I cannot lay down my own head, nor lift it up without help, and the irons are upon my legs, yet of all the cases I ever was in, 1 had never more content¬ ment. I can now give the cross of Christ a more noble commendation than ever ; it was always pleasant and sweet, but never so pleasant and sweet as now : under all my wanderings in all my toilings, a prison was still terrifying to me, but immediately at my taking, he shined so on me, and ever since, that he and his cross is to me far beyond whatever he was before. There¬ fore, let none scar or stand at distance from their duty for fear of the cross ; for now I can say from experience, that it is as easy, yea, and more sweet to lie in prison and irons, than it is to lie at liberty. But I must break off at present.” The council having remitted this good man to the justiciary, by their books, I find him indicted November 30tli, the advocate restricts his libel to his being at Drumclog and Glasgow at the rebellion, fighting against his majesty’s forces, and being at a late field-conventicle, and being in arms and opposition to his majesty’s forces when apprehended. The lords find the indict¬ ment relevant, and remit it to an assize. For probation, the advocate adduceth his own judicial confession before the council, as follows. “ John Nisbet of Hardhili, prisoner, confesseth, when examined, that he was at the rebellion at Pentland-hills in arms ; that he was present with the rebels at Drumclog, had arms, and made use of them against the king’s forces ; that he was with them at Glasgow ; that he was present at a field-conventicle within these two months, betwixt Eaglesham and Kilbride ; declares, that the late earl of Argyle, the time he was in rebellion, sent one Cleland to him, and those who were in his com¬ pany, to see if they would join him, which they refused to do, in respect the said Cleland told them, that the said Argyle and his party were against all kingly govern¬ ment. Jo. Nisbet.” — Before I go further, I take the liberty to observe, that John Nisbet, in his own account just now insert from his letter, takes no notice of this as the reason why they joined not with Argyle, though, had it been fact, it is pro¬ bable he would have set it down to his friend, as well as other things of loss 238 THE HISTORY OF THE SUFFERINGS [BOOK III. importance. And from the original lh8o. recor(js 0f t}ie society people, in my hands, I find a question proposed what they should do, and whether they should join with the earl of Argyle and his party, at one of their general meetings, where, I make no doubt, Hardhill was ; and their conclusion, and the reasons of it, will best appear in their own words. “ It being de¬ sired the societies should join with those now appearing in this land, and they ex¬ pected to be more solicited for that end, wherefore it was judged lit to speak of, and deliberate upon this at this meeting, whereby they might know one another’s minds ; and therefore it is declared, they could not espouse Argyle’s declarations, as the state of their quarrel, because not concerted according to the ancient plea of the Scottish covenants, and because it opened a door for a sinful confederacy ; yet they were resolved, willing, and ready to do what lay in their power, against the common enemy.” 1 need not vindicate the earl of Argyle, and those with him, from any designs against monarchy ; their own declarations sufficiently clear them from this. And therefore, though I have insert this passage of Hardhill’s confession, as it stands in the records, yet I am scarce able to persuade myself, that John Nisbet gave any such declaration, and 1 have met with so many things not agreeable to fact, set down in sufferers’ examinations, either of design or by haste and mistake, that this clause inserted here hath very little weight with me : however that hath been, this single testimony can leave no blemish either upon that design in general, or that line gentleman colonel Cl eland, who was far from any such republican projects ; however, it might be insert in the registers by some people, with such a design. But to return to the records. “ This confession being read to him, he adheres to it before the assize, but refuses to subscribe it. The assize bring him in guilty, and the lords sentence him to be hanged at the Grass- market, December 4th, betwixt two and four in the afternoon, and that all his lands, goods, and gear, be forfeited to the king.” The sentence was accordingly executed. Notwithstanding of his grievous wounds, he was most unmercifully loaded with irons all the time of his imprisonment. He died in much assurance, and with a great deal of composure and Christian courage. Thus I have gone through the public executions at Edinburgh this year, except those which relate to the earl of Argyle and some with him. We shall meet witk no more public executions at Edinburgh, till that of Mr Renwick, in the year 1688. Whether this proceeded from the plan of the removal of the penal statutes, now a concerting, or from what other reason, I do not determine ; but it must remain an in¬ delible reproach upon the managers, under the last seven years of a professed protes- tant’s reign, that more protestant blood was shed, merely for principle and con¬ science, in some months of that period, than in all the four years’ reign of a bloody pa¬ pist. Indeed that same blood so plentifully shed in the end of king Charles’ reign, was certainly owing unto the violent measures of the duke of York and his ad¬ herents, together with the active importu¬ nity of some of our bishops and clergy, who came likewise very much into the scheme now laying down, though not all of them. And I would not, by this incidental remark, be thought in the least to soften the just aversion every man and Christian ought to have against popery, which still is, and must necessarily be, of the same hellish, cruel, and inhumane nature, under all its various shapes. But this same great spring of cruelty and severity, when in a more private capacity, set nominal protestants against real ones, and endeavour to make them cut oft’ one another; and when he came to a more extensive sphere, and had laid the plot to cut off the whole protestant name, for some time he saw good to bind up the hands of his under-managers, still ready enough to persecuting work, in order to get in the abolition of the penal laws against his friends, and the plot better carried on for his project of the general ruin of the reformation. And we shall find abundance of blood shed in the fields, and up and down the country this year, and some of the following also, by the sol¬ diers in their daily murders, which no doubt likewise lessened the number of CHAP. lX.j those who otherwise might have been cut off with a little more formality. I come next to give some accounts of those. SECT. VI. Of the murders in the fields , the barbarous drowning of women within the sea-mark , the murder at Polmadie, and others this year. After the accounts of the criminal pro¬ cesses in the former section, where some sort of form was kept, though without equity and righteousness, let us now take a view of the less decent, and sudden exe¬ cutions, as they were called, or rather authorised murders in the fields, which were extremely frequent, especially in the first half of this year. We have heard of the warrants, may I call them so, given for them, and which is worse, and makes the guilt more national, we shall find these unprecedented acts of council this year, ra¬ tified in parliament. The deaths of the persecuted wanderers are so numerous, in the space of three or four months’ time, that I cannot give accounts of them all. The soldiers did not give themselves the trouble to keep close, even by the orders given by the council, and called no witnesses in many cases ; and good numbers w ere massacred, of whom no accounts can now be given. Perhaps no such period as this year, during some months of it, hath ever been in any protestant country. I know of no order to give them in, but that of the time when they were committed, where the dates are come to my hand; and I have several other narratives without any date, save the year, which shall likewise be added. We have already had some instances last year, of murders committed before these express powers were granted to the soldiers, and in December last, after the orders, we heard of severals cut off in the south. I come now to those of this year. January 23d, colonel James Douglas, lieutenant Livingston, and cornet Douglas, with a party of horse, surprised the six persons underwritten, at prayer in the Caldunes, in the parish of Monigaff in Gal¬ loway. Their names, and indeed it is all almost I can give in the numerous instances 239 before me, w ere, James Dun, Robert Dun, Alexander M'Aulay, Thomas Stevenson, John M'Clude, and John Steven¬ son. Nothing was to be charged upon them, but that they were persons upon their hid¬ ing, and at prayer. Whether the oath of abjuration was offered or not, my informa¬ tion doth not bear ; but without any further process they were immediately taken out, and shot to death. Upon the 30th of the same month, a par¬ ty of fifty soldiers commanded by John Dalziel, son to Sir Robert Dalziel of Kirk- michael, and lieutenant Straton, fell in with some of those w ho were upon their hiding, asleep in a shiell in the parish of Morton, in Nithsdale. My information bears, they all made their escape, but Daniel M‘ Michael who was sickly, and not able to flee. The soldiers wounded him at his being taken, and he was that night carried to the parish of Durisdeer. The captain put many in¬ terrogatories to him, which he declined to answer, and laid many things to his charge, which he denied, and said he knew nothing of. At length he was told, that unless he presently submitted unto, and owned the government both in church and state, and as an evidence of this, sware the oath he offered him the benefit of, the law made him liable to present death, Daniel was a very sedate sensible country man, and said, ‘ Sir, that is what in all things I cannot do, but very cheerfully I submit to the Lord’s disposal as to my life.’ The commander replied in some pet, ‘ do you not know your life is in my hand ?’ the other modestly replied, ‘ No, Sir, I know my life is in the Lord’s hand, and if he see good, he can make you the instrument to take it away.’ Then Daniel was ordered to prepare for death to-morrow ; all he said, was, ‘ If my life must go for his cause, I am w illing, my God will prepare me.’ That night he enjoyed a sweet time of communion and fellowship with God, and great outlets of joy and con¬ solation, so that some of the soldiers desired to die his death, and not a few convictions were left in their bosoms. To-morrow, January 31st, he was brought out to the fields at Dalveen, in the parish of Durisdeer. He had the liberty granted him, which many of his fellow-sufferers had not, to OF THE CHURCH OF SCOTLAND. THE HISTORY OF THE SUFFERINGS [BOOK III. 240 pray, which he did to the wonder ‘ of the by-standers. He sang part of the forty-second psalm, and read over the sixteenth chapter of John, and spoke with much gravity and solidity to cap¬ tain Dalziel. And then after the napkin was put upon his head, he said, “ Lord, thou brought Daniel through many straits, and hast brought me thy ser¬ vant hither to witness for thee and thy cause ; into thy hands I commit my spirit, and hope to praise thee through all eter¬ nity.” And then gave the sign to the sol¬ diers to do their work ; and four of them who were appointed, shot him dead. So convincing was this man’s carriage and death, that some of the poor soldiers were for some time after in confusion, for their obeying commands in this matter; but a little money, and some more ravages, quick¬ ly calmed their convictions. This man lies buried in the church-yard of Durisdeer. Some time this month, Thomas Mac- hassie son to John Machassie in the Largs, in the parish of Straiton in Carrick, was despatched very quickly. This good man was lying in his house very ill of a fever, captain Bruce and a party of soldiers com¬ ing into the house, put their questions to him, which he refusing to answer, and declining to take the abjuration oath, they took him out of his bed to the high road near by, and without any further process, or any crime I can hear of laid to his charge, shot him immediately. By attested accounts from that same parish, 1 find, that this year Thomas Ste¬ venson, brother to John Stevenson in Bar- beath, and John Stevenson, son to Thomas Stevenson in Star, and James Maclave there, all in the parish of Straiton, were shot in the fields without any process, merely upon their refusing the abjuration. February was a very bloody month. The king’s death put things to some stand at Edinburgh, and the processes in form and under colour of law, were not so frequent ; but the fury of the soldiers up and down the country seemed rather increased, by this turn of public affairs. I shall first give those murders, whose precise dates I have, and then add such as I find were some time this month. Upon the 19th of February, captain Bruce with a party of soldiers, surprised six of the suffering wanderers, in Lochin- kit-muir, in the parish of Orr in Galloway, and shot four of them upon the spot, with¬ out any further process, viz. William Her¬ ron, belonging to the parish of Glencairn, John Gordon, William Stuart, and John Wallace, Galloway men. The other two seized by them, were Alexander M'Robin or M‘Cubin, of the parish of Glencairn, and Edward Gordon fram Galloway. Them the captain carried with him to the bridge of Orr, where the laird of Lagg was vio¬ lently pressing the abjuration upon the country people. When they came up, Lagg presently would pronounce sentence upon them, being, as we heard, one of the commissioners in those bounds, and they refusing to swear, the captain insisted, that since four already wrere summarily exe¬ cuted, an assize should be called and they found guilty. Lagg swore bloodily, that he would seek no assizes, and in a bravado, said before all the country people, that all who had taken the oath had sworn these men’s doom. The captain got the matter put off till to-morrow. And next day they carried them to the parish of Iron gray, whither Lagg and the party were going, and hanged them upon an oak tree, near the kirk of Irongray, at the foot of which they w ere buried. When at the tree foot, an acquaintance of the said Alexander’s asked him if he had any word to send to his wife. He answered, “ I leave her and the two babes upon the Lord, and to his promise, a father to the fatherless, and hus¬ band to the widow, is the Lord in his holy habitation.” When the person em¬ ployed asked him forgiveness, he said, “ Poor man, I forgive thee and all men, thou hast a miserable calling upon earth.” They both died in much composure and cheer¬ fulness. Upon the 21st of the same month, cap¬ tain Bruce, and some informations before me bear, colonel Douglas was With him, killed five men at Kirkonnel, but their names I have not ; and whether they may fall in with some whose death I have without a date, I cannot say ; but in a few days this man sheds a great deal of inno¬ cent blood. I have before me an attested account CHAP. IX.] OF THE CHURCH OF SCOTLAND. 241 signed by persons present, of a very bar¬ barous execution in the parish of Bar, upon the 28th of February. That day very late, about eleven at night, lieutenant, or cornet James Douglas, with twenty four soldiers, surrounded the house of Dalvvin, in the foresaid parish, having got informa¬ tion that there were whigs there. They apprehended David Martin, brother to John Martin of Dalwhairn, who dwelt there with an old woman his mother : and fin diner Edward Kyan a pious good man from Galloway, lately come thence to buy corn, who had tied in betwixt the gavel of one house, and the side-wall of another, they dragged him out, and took him through a yard. He was asked where he lived, and told them, upon the water of Menock. When one of the soldiers had him by the arm dragging him awray, without any warning, further questions, or permitting him to pray, the said lieutenant, who was governor of the garrison at Balwhan, shot him through the head, and presently dis¬ charged his other pistol, and shot him again in the head, when lying on the ground struggling with death ; and one of the soldiers of the party coming up, pretended he saw some motion in him still, and shot him a third time. Thus they delighted to mangle the poor people that fell in their hands, and to abuse their very bodies. He was but a youth, and could not have been at Bothwcll, or any of the risings, and they had indeed nothing to charge him with but his hiding himself. When they had thus despatched this man, the soldiers brought out David Martin to the same place, and after they had turned off his coat, they set him upon his knees beside the mangled body. One of the soldiers dealt with the lieutenant to spare him till to¬ morrow, alleging they might get discoveries from him, and stepped in betwixt him and six soldiers who were presenting their pieces. Thus the Lord sometimes makes the earth to help the woman. The lieuten¬ ant w'as prevailed with to spare him, and bring him into the house. Howrever, David, through the fright and terror, lost the use of his reason in a great measure, and fell into a palsy, and continued bed-fast, and much IV. useless for near four years, till his death. The soldiers beat and wound- ed terribly two other men who lived hard by, against whom they had nothing, Thomas Abercromby father and son. They beat and abused the women most barbarously, and carried away David Martin, and one of the Abercrombies, prisoners w ith them to Colmonel next morning, being the Lord’s day. This barbarity needs no obser¬ vations, and lets us in to see the manner and temper of this time, when men devoured one another as the fishes of the sea ; and from it we may guess at the barbarities exercised in other cases, where the accounts are not so distinctly preserved as here. Not a few others were thus killed in cold blood, without any indictment or process, this month, of whom I have scarce any other account but their names. William Adam in Middle -Wei wood, who was in no Porteous roll, nor any wray chargeable, was threshing in his barn, and seeing Sir John Dalziel’s company of dragoons coming, fearing they should come in upon him in the barn, and propose their ordinary questions, went out at the back door, and hid himself in a marish ground among some bushes. The party seeing him flee, searched for him, and discovering him, instantly killed him. Captain Bruce in the parish of Kirkpa¬ trick surprised, and instantly shot three men, Wallace, Edgar, and a third w hose name I have not. And colonel Buchan, with the laird of Lee, and the soldiers under their command, W'ithout any process despatched Smith, in the parish of Lesmahago. We heard of one of this name formerly killed by the soldiers. The accounts of this month shall be ended with the murder of that excellent person John Bell of Whiteside, and four more with him. I have little or nothing of any of the rest, but a pretty distinct account of Mr Bell, and it deserves a room here, as what is justice to the memory of this good man. Mr Bell was the only son of a gentlewoman, heiress of Whiteside, who after his father’s death was married to the viscount of Kcnmuir. He was a 2 H THE HISTORY OF THE SUFFERINGS [BOOK III. <242 singularly pious and very sensible gentleman, and since Bothwell lie had endured a sore figlit of tribulations. Immediately after Bothwell his house was rilled, three good horses taken away, and all the furniture the party expected to make any thing of. In the year 1681, Claverhouse came, and lay with a party several weeks at his house, till they had eaten up all the provision that was there, and when that was done, they forced the people about to bring them provision, till they with their horses eat up all his meadows. And when these be¬ gan to fail them, they went off, spoiling every thing in the house, and what they could not carry with them, they sold to the people about for meat and drink ; yea, they broke down the very timber of the house, and burnt it, and so spiteful were they, that they destroyed the planting. Likewise they took with them his whole stock of sheep, which wrere many, and all his horses. And Claverhouse took upon him, without any w arrant I can observe, to gift his whole crop to the curate, who accordingly took it all for his own use. Many were the straits this excellent gentleman was put to in his wanderings those four or five years, which I must pass, and come forward to his mur¬ der. Some time this month. Sir Robert Grierson of Lagg, with some of Claverhouse and Straclian’s dragoons, probably upon some information about Mr Bell of White- side, came into the parish of Tongland in the stewartry of Galloway, and there, upon the hill of Kirkonnel, surprised him, and David Halliday portioner of Mayfield, An¬ drew M'Robert, James Clement, and Robert Lennox of Irlington, and most barbarously killed them on the spot, without so much as allowing them to pray, though earnestly desired, and, as several accounts before me bear, after they had surrendered themselves, and he had promised them quarters. And it is a frequent remark, in many papers be¬ fore me, that that bloody and unnatural man used, w'henever he seized people in the fields, immediately to despatch them, without al¬ lowing them time to recommend themselves to the Lord. In this case Mr Bell, whom Lagg knew well enough, earnestly desired but a quarter of an hour to prepare for death ; but the other peremptorily refused it, cursing and swearing, ‘ What the devil ! have you not had time enough to prepare since Bothwell?’ and so immediately shot him with the rest, and would not suffer their bodies to be buried. A little after this barbarous murder, the viscount of Kenmuir, Claverhouse, and Lagg, happened to meet at Kirkcudbright, where Kenmuir challenged Lagg for his cruelty to one w hom he knew to be a gentleman, and so nearly related to him, and particularly that he wrould not permit his dead body to be bu¬ ried. Lagg answered with an oath, ‘Take him if you will, and salt him in your beef- barrel.’ Whereupon the viscount drew upon him, and had run him through, if Claverhouse had not interposed, and parted them. Dreadful were the acts of wicked¬ ness done by the soldiers at this time, and Lagg was as deep as any. They used to take to themselves in their cabals the names of devils, and persons they supposed to be in hell, and with whips to lash one another, as a jest upon hell. But I shall draw a veil over many of their dreadful impieties I meet with in papers written at this time. This same fearful work w ent on apace in March and April this year. I begin with the death of \\ illiam Smith in the parish of Glencairn in Nithsdale, a country man’s son there. Cornet Bailie of the garrison of Kaitloch, March 2d, met with this young man in the fields near his father’s house, and had nothing to lay to his charge save his refusing to answer his interrogatories, and carried him that night to the garrison. To-morrow his father hearing of it, prevail¬ ed with his master John Lawrie of Max- welton, to meet with the cornet at the kirk of Glencairn, as he hoped, to get his son liberate ; but it proved otherwise to his great grief. Upon the third of March, William was brought before them, and re¬ fusing to answer the queries put to him, Maxwelton immediately passed sentence of death upon him, by virtue of the pow er he said he had as a commissioner. The cornet opposed this, as what was illegal, unless he would call an assize and judge him; but this blood-thirsty man wrould hear of no delay, and threatened to delate the cornet for sparing him so long. Accordingly he was carried out to the Race-muir near by, CHAT. IX.] OF THE CHURCH OF SCOTLAND. and shot to death by a party of the soldiers. He died with a great deal of holy compo¬ sure and courage, and in full assurance of faith, declaring to the spectators that he died for no rebellion, or any crime could be laid to his charge, but only upon two heads, for converse with the persecuted people, as they came and went, which he had acknow¬ ledged, and his refusing to discover their haunts and lurking places. He said much for the comfort of his parents when he took his farewell of them. This same month, as my accounts bear, but perhaps this might fall out at another time, since the figures of the years in some narratives before me are faded, and the ink ill, but the fact is certain, lieutenant Mur¬ ray was going through the parish of Lesmahago, and met one John Brown in the fields, and promised him quarters at first, he making no resistance, but after¬ wards changed his mind, and without any process or sentence, shot him in a few minutes near the Blackwood in that parish. Upon the 29th of April, there was a very bloody murder committed upon five persons near Ingliston, in the pa¬ rish of Glencairn. 1 give it here from a narrative wrrit at the time. Some of the names differ from those in the Cloud of Witnesses. The occasion of their being seized, and of the taking and sur¬ prising of several others of the wander¬ ers at this time, wras this. A profligate villanous informer and apostate, Andrew Watson, pretended to be a sufferer, and last winter and this spring, went up and down among the people who were upon their hiding. I little question, but it was this same Watson formerly named, as con¬ cerned in the murder of Mr Peirson at Carsphairn, and that he prompted them very much to that attempt; and so cun¬ ningly was the game laid, that when before that, the suffering people suspected him a little for his forwardness and neglect, as far as they could observe, of that closeness in secret duty they wished for ; and after they had much deserted him since Cars¬ phairn business, he got himself to be appre¬ hended, and carried to Dumfries, and had a sham sentence of death passed upon him all by concert. We need not doubt but he 245 escaped ; and he came, and avain es- sayed to join the wanderers, but they 0 suspected him, and kept at a distance from him so t'natat length he cast off the mask and listed in the army. However, by this time this base deceiver came to be tolerably well acquainted with their haunts and lurking places, and discovered them through Gal¬ loway and Nithsdale; and among others, he made known a cave near Ingliston, which had been a place of safety and se¬ crecy to not a fewr, for several years. Ac¬ cordingly, colonel James Douglas, and lieutenant Livingstone, through by-paths, and unusual ways, came suddenly to this cave, and surprised in it, John Gibson bro¬ ther to James Gibson of Ingliston, heritor of the ground, James Kennoch in Glencairn parish, Robert Edgar fled lately from his house for refusing the abjuration, Robert Mitchell from the parish of Cumnock in Ayrshire, and Robert Grierson a Galloway man. When the soldiers came up, they shot in on the cave, and wounded one of them, and then rushed in upon them ; and without any questions asked, or offers made, colonel Douglas immediately passed sen¬ tence upon them, to be taken out and shot, though nothing could be laid to the charge of any of them, but that they were hiding. It was much that any of them were allow¬ ed to pray before their death. John Gibson was first shot, and permitted to pray, which he did to the admiration and conviction even of the soldiers themselves. He sang part of the seventeenth Psalm, and read the sixteenth of John, and after praying again, wras shot. His sister got in to him by the compassion of some of the soldiers, and he encouraged her greatly, and told her, this was the joyfullest day ever he had in the world; and in a little, his mother getting in to him, he requested her not to give way to grief, but to bless the Lord upon his account, who had made him both willing and ready to suffer for his cause and interest. The rest were despatched all at once, without being allowed to pray separ¬ ately. They had great peace and conso¬ lation, and all of them were shot dead, except one who was not perfectly killed ; and w'lien this was observed, one Fergusson an apostate, and once among How far this compliment was proper for him to give, them to receive, or honourable to the late king his brother, I lay aside all private aims and ends; for how can we hope to serve his majesty, or promote the interest of the nation, while our eye is di¬ rected only towards our own particular? and let us with the frankness and cheerfulness of honest Scotsmen, use all possible means for uniting of the nation, and the driving from amongst us, whoever will not join with us upon such terms, as may conduce to the advancement of the honour and interest of our king and his crown, and the well-being of this our native country, which we should not suffer to be de¬ filed and rendered contemptible to the whole world, by entertaining so venomous a bastardly brood of villanous men, as have of late, to the reproach of Scotland, and of human nature itself, maintained principles, and ventured upon prac¬ tices not to be named amongst any who have ever heard of a government, much less of reli¬ gion. My lords and gentlemen, You all know what a conspiracy hath been en¬ tered into by ill men of both kingdoms, against the sacred lives of the late king and his present majesty ; and who but incarnate devils could think of attempting any thing against such pre¬ cious lives ? for what prince in Europe, or the whole world, was ever like the late king, except his glorious brother who now reigns ? and to have cut off any of them, had been barbarous to a degree of making us appear more abominable than any people ever were, but for us to have lost both, had been our utter ruin. Y'et against both was the design laid, and had succeeded, if that watchful providence, which hath often preserved the two royal brothers in so many difficulties, had not defeated the success, by an unforeseen accident, and had it succeeded, what confusion, what cruelty, what blood, what in¬ expressible misery had overflowed these king¬ doms ? But besides this, we have a new sect sprung up amongst us from the dunghill, the very dregs of the people, who killed by pretended inspiration, and instead of the temple of the Lord, the temple of the Lord, have nothing in their mouths but the word of God, wresting that blessed conveyance of his holy will to us, to justify a practice suggested to them, by him who was a murderer from the beginning, who having modelled themselves into a commonwealth, (whose idol is that accursed paper the covenant, and whose only rule is to have none at all) have proceeded to declare themselves no longer his majesty's subjects, to forfeit all of us who have the honour to serve him in any considerable station, and will be sure ere long to do so by this great and honourable court. It is how to rid ourselves of these men, and of all who incline to their principles, that we are to offer to his majesty our advice, concurrence, and utmost assistance. These monsters bring a public re¬ proach upon the nation in the eyes of all our neighbours abroad, while in their gazettes we are mentioned as acting the vilest assassinations and the horridest villanies, they render us un¬ quiet and unsecure at home, they bring reproach must leave to others ; I doubt not in the least that the kina' speaks fact; and as he had the entire management of affairs in Scotland during the last years of his upon our religion, and are our great plague. Let us for the sake of our allegiance, tor his majesty’s honour, for our reputation abroad, tor the vindication of our religion, and tor our own peace and tranquillity, make haste to get our¬ selves cured of it. If this were once effectuated, we might yet hope for quiet, and in order to the making our quiet the more comfortable to us, when once we are come to a resolution about what relates to the public peace, and to the respect we owe to his majesty, we may have occa¬ sion of considering what laws may be neces¬ sary towards the facilitating the well-governing of ourselves and native country, both as to the regulating our carriage one towards another, and the securing our estates, from any thing that may be uneasy, from the distribution of justice between man and man, as to the improving of our trade and commerce abroad, and encourag¬ ing industry and frugality at home ; for in all these things his majesty’s care will not fail us. And my lord commissioner, amongst his many other advantages, is so well known to be a lover of his country, that we need not fear, but that he will give his concurrence in what he is al¬ lowed so freely to consent to. My lords and gentlemen, To encourage us to do all wTe can towards the service and the honour of our glorious monarch, let us consider him in all his personal advan¬ tages ; ■whether in what relates to war or peace, where has the world afforded such another? One whose natural endowments have been im¬ proved by his great experience, at home and abroad, in armies and courts, by the greatest trials of the most differing kinds, those of prosperity and success, and of adversity and op¬ position, of hazards and toil, and of authority and command. Did ever man show so exact an honesty, in the strictest adhering to his word, such temperance and sobriety, so indefatigable a diligence in affairs, so undaunted a courage upon all occasions, and so unwearied a clemency towards the most obstinate malicious offenders? Did ever hero complete the character so fully, in overcoming bravely, and showing gentleness to the vanquished ? And I must say, the tri¬ umphs of his patience are not his obscurest glories ; nor is the forgiving of those whose vir¬ ulent tongues would have tainted his fame, if their malice could have reached it, what is least to be admired in him ; what reputation other princes have laboured for, at the vast ex¬ tent of blood and treasure, and the putting of a constant constraint upon themselves, sits so easy upon him, that what they would have, he forces from the consciences of his very enemies by his merit, and it costs him no more than to be himself. But this theme is not forme ; I do him wrong, and while, it may be, at this very moment, he is receiving the acclamations of his good subjects, in the chief city of our neighbour nation, at the great solemnity of his coronation there, I am detracting from him here, by giv¬ ing him too low a character. I shall only add, that he gave to subjects the greatest example of loyalty and obedience while he was one himself; CHAP. IX.] OF THE CHURCH OF SCOTLAND. 263 brother’s reign, so the parliament was very obsequious to liis desires, as the sufferers felt with a witness. The truth of the sub¬ sequent paragraph I cannot say so much for, ‘ that the aggrandizing his power and authority was necessary for their safety, and to secure their rights and proper¬ ties.’ This unlimited way of speaking would suppose an infallibility in popish kings as well as the pope, and will be mat¬ ter of just doubt with every body of sense. However, he assures them, ‘ he would main¬ tain his power and authority in its greatest lustre.’ And he was as good as his word, and essayed it in the most extensive way, when he assumed the dispensing power. He adds, his design in this parliament, was to secure their religion ; his was already se¬ cured to him by the test act, and they had a noble guardian of him to theirs, ‘ against all fanatical contrivances, and murderers, assassins;’ and other hard words against such who were called now fanatics. Mur¬ ders and assassinations were peculiar to his and now he is an example to all kings in his love, his clemency, and care towards his people. Let us give him the return of our love, our fidelity, and our obedience. And seeing he takes pleasure in nothing so much, as in our felicity and prosperity, let it be an additional tie upon us to advance his honour and greatness, by all the endeavours of our lives, without reserve, and with our whole fortunes, which under his pro¬ tection we may (if we please) so peaceably and comfortably enjoy. The parliament's answer to his majesty's letter. May it please your sacred majesty, Your majesty’s gracious and kind remembrance of the services done by this your ancient king¬ dom, to the late king your brother of ever glori¬ ous memory, shall rather raise in us ardent desires to exceed whatever we have done formerly, than make us consider them as deserving the esteem your majesty is pleased to express of them, in your letter to us, dated the 28th of March, lhe death of that our excellent monarch is la¬ mented by us to all the degrees of grief, that are consistent with our great joy for the succession of your sacred majesty, who has not only con¬ tinued, but secured the happiness which his wisdom, his justice and clemency procured to us ; and having the honour to be the first parliament which meets by your royal authority, of which we are very sensible, your majesty may be con¬ fident that we will offer such laws as may best secure your majesty’s sacred person, the royal family and government, and be so exern- plarily loyal, as to raise your honour and great¬ ness to the utmost of our power, which we shall ever esteem both our duty and interest. Nor shall we leave any thing undone for extirpating all fanaticism, but especially those fauatical own religion, and abhorred by all real protestants. I only further observe, that to pave the way for the dispensing power he had in view, the laws and acts of former parliaments are termed, ‘the good and wholesome laws by you hitherto offered :’ a very diminutive way of speaking of the laws already made, to the legislature, which would not have gone well down in our old Scots parliaments. In the last place, he commends his commissioner, as a person zealous for his interests in the time of his greatest difficulties. Which probably was a true character, but how far for the duke’s honour among real protestants, is left to others to determine. The duke of Queensberry in his speech, acquaints the parliament, that the king’s obliging letter had left little to him to say ; and when matter fails, he falls a punning upon the day (April 28th,) and its being the coronation day in England, and his majesty’s ‘ taking their advice as soon as he was upon the throne,’ and the honour they had to be murderers and assassins, and for detecting and punishing the late conspirators, whose pernicious and execrable designs did so much tend to sub¬ vert your majesty’s government, and ruin us and all your majesty’s faithful subjects. We can assure your majesty, that the subjects of this your majesty’s ancient kingdom, are so de¬ sirous to exceed all their predecessors, in extra¬ ordinary marks of affection and obedience to your majesty, that (God be praised) the only way to be popular with us, is to be eminently loyal. Your majesty's care of us when you took us to be your special charge, your wisdom in extinguishing the seeds of rebellion and faction amongst us, your justice, which was so great, as to be for ever exemplary ; but above all, your majesty’s free and cheerful securing to us our religion, when you were the late king your royal brother’s commissioner, now again renewed when you are our sovereign, are what your sub¬ jects here can never forget. And therefore your majesty may expect that we will think your commands sacred as your person, and that your inclinations will prevent our debates. Nor did ever any who represented our monarchs, as their commissioners, (except your royal self) meet with greater respect, or more exact observance from a parliament, than the duke of Queens- berry (whom your majesty has so wisely chosen to represent you in this; and of whose eminent loyalty, and great abilities in all his former em¬ ployments, this nation hath seen so many proofs) shall find from, May it please your sacred majesty, Your majesty’s most humble, most faithful, and most obedient subjects and servants, In name of the parliament, Perth, Cancel. I. P. D. Pari. At Edinburgh, 28 th of April, 1685. 264- THE HISTORY OF THE SUFFERINGS [BOOK III. the first parliament under a popish 1685. j.|ng. Next he tells them, how mindful the king was of this kingdom’s duty and loyalty to his late majesty, and himself when in Scotland. I did not know before that loyalty had been due to any subject, till we have it here extended thus far by this great patron of it. Indeed the duke of York was in effect king in Scotland before now. Then, to compose the minds of faithful subjects, he assures them of his majesty’s princely resolutions to maintain the religion, and government of the church established by law, and of his favour to the regular clergy; and concludes what he is to say upon this head, with some encomiums upon their incomparable prince. He was so indeed in more respects than one, which the reader may guess at. His grace comes next to put the parliament in mind of their work, to assert the pre¬ rogative of the crown, and amply to establish the revenue ; and when they have thus settled their king, their next work is to fall upon the sufferers. The king ex¬ pects, from their prudence and loyalty, effectual means will be fallen upon for destroying that party. This is root and branch work indeed ; and nothing will answer the expectation of a popish king, but the destruction of protestants. This had been the council’s work for some time, and the parliament must ratify all they had done ; and, to spirit them up to this work of destruction, he gives them names, which, without any stretch, might be easily turned over upon their bloody persecutors, enemies of mankind, wretches of such monstrous practices, as past ages never heard, and those to come will hardly believe, and ex¬ ecrable in their villanies. He insinuates, that they are no inconsiderable party, and have support and correspondence not yet discovered; and therefore presseth, that they be not longer dallied with, but that the utmost severity may be effectually applied, and all ways taken to find out their favourers, and their retired and secret haunts. Higher he could not run, than the utmost severities effectually applied ; which indeed is a short character of the procedure of the council and army for some time ; but his own conscience might know, and the reader by this time does know, how much those poor people he speaks of as fanatics, had been dallied with ; and I question much, if any where, even in France or Turkey, we shall meet with such bloody and inhuman exhortations from a throne, though they were very consonant, it must be owned, with the religion of him who filled it. Further, he comes to urge the parliament, to manage the prosecution of the noblemen and gentlemen alleged to be concerned in the late conspiracy, w ith the utmost violence; and aggravates that conspiracy, far beyond any thing that ever could be really found in it; and requires justice to be done upon the concealers, as wrell as advisers and contrivers of it, as knowing it was only concealing of what, they alleged, the laws required to be dis¬ covered, that could be proven against the persons to be sisted before them. This remarkable speech is concluded with a compliment, as 1 take it, mainly to himself, that though his unfitness to be com¬ missioner, was more obvious to himself than any of them ; yet he w as resolved to serve his majesty firmly and boldly, as, he says, was his former practice in other great trusts ; and this way he would make up his great defects. The chancellor succeeded the commission¬ er in a handsome speech, far better said than the other, but, as the humour of this time ran now, larded with most virulent reflections upon the suffering party. I cannot but notice one part of it as the height of railing. The chancellor complains, “ That a new sect was sprung up from the dung-hill, and the dregs of the people, who kill by pretended inspiration, w ho, instead of the temple of the Lord, & c. have nothing in their mouths but the word of God, wresting that blessed conveyance of his holy will to us, to justify a practice sug¬ gested to them, by him who was a murderer from the beginning; who having modelled themselves into a commomvealth, (whose idol is that accursed paper of the covenant, and w hose only rule is to have no rule at all) have proceeded to declare themselves no longer his majesty’s subjects. He adds, those monsters bring a public reproach upon the nation, while, in the foreign CHAP. IX.l OF THE CHURCH OF SCOTLAND. 265 gazettes, we are mentioned as acting' the vilest assassinations, and horridest vil'a- uies.” Here is a heap of scandal cast upon the societies ; for though the general terms used now in the public papers, are levelled, so as they may reach all the sufferers under the terms of fanatics, yet this seems to point at their late declaration; and yet they many times declared, they never al¬ lowed nor practised assassination. This doctrine then must be left to the chancel¬ lor’s friends the papists, since the society people say, they never wrested the scrip¬ tures to defend, or pretended inspiration to vindicate it; and, had they been for recri¬ minating, they needed not have gone far off: the daily murders in the Helds came much nearer assassinations, than anything ever they allowed. They pleaded likewise, that self-defence was no upstart sect nor doctrine, but as old as the reformation, Christianity, or humanity. It was false they were modelled into a commonwealth; and whatever overtures were made by one or two this way, if any such were, ought not to be charged on the whole society. A considerable part indeed of the sufferers, and many more than under the last reign, did not own the authority of a popish king, and could not subject to him. The chan¬ cellor perfectly mistakes, when he says, ‘ they made an idol of the paper of the covenant ;’ but most maliciously and groundlessly terms it a cursed paper, which we need not be surprised at from one who either had, or shortly did declare himself a papist ; and the covenants are mostly levelled against popery. I shall not say, but some ignorant people, then and since, may have in some sense idolized our cove¬ nants, and most excellent things in them¬ selves are apt to be so dealt with, and have run to some extremities in their opinion and expressions, as to those solemn and religious ties those nations are under ; but the most part valued them, as they had good reason, being national actions, very much countenanced from heaven, and really the honour and glory of those nations.* On the whole, this unjust charge given in face of parliament, and published to the * Vide Vol. I. note p. 269. See also IVelitni- nary Dissertation, p. xvii — xx. — Ed. IV. world, is indeed a public reproach upon the nation, and being false, could j not but expose the reputation of the ! kingdom, far more in the eyes of foreign- i ers, than any of the little stories he mentions ' in the foreign newspapers. I shall say nothing of the beautiful picture he draws of his master the king, in the close of his speech ; I love not to rake in his ashes, and j allowances must be made to a servant, by this time, I suppose, a papist, and in such a post ; and there was need of all the chan¬ cellor’s eloquence, to recommend a popish prince to a protestant and free people. When the parade of those speeches was ended, the parliament, at that first meeting, went through a great deal of work, or rather consented to what the managers had made ready to their hand : probably it would be their first work to agree to an answer to his majesty’s letter, which is in¬ serted in a note in this volume, p. 263. Generally speaking, this is a repetition of what was sent to them, and so the less needs be said upon it. They promised to leave nothing undone to extirpate all fanaticism, especially those fanatical mur¬ derers and assassins. It is good that any distinction is made ; but however, extirpa¬ tion is resolved upon against all, and in this they fully acted their part in the fol¬ lowing acts. They chime in with ‘ the offering of the laws to the king,’ the phrase now so much in fashion, and they desire his majesty to expect, that ‘ they will think his commands sacred as his person, and that his inclinations will prevent their de¬ bates ; phrases agreeable enough to the language of some of the former parliaments. And they bring in my mind a few lines, written lately by a masterly hand, which perhaps may not be unwelcome to the reader. “ When first mankind were swayed by passive rules. Princes turned tyrants, and their subjects fools ; These laid aside their sense, those took the sword. And I will be obeyed was then the word : To which the silly senseless slaves replied. We’re all your asses, pray get up and ride, If e’er their sovereign bid them cut their throat. The wretch made no demur, but cried, he'd do’t If heads were sent for, unjust sentence given. He that withstood his prince, resisted heaven : So rather than they would their king control, The people damn'd themselves to save their soul.” This parliament indeed, as soon as the 2 L 266 THE HISTORY OF THE SUFFERINGS [BOOK III. kind’s inclinations were discovered lpQf- O ■ by the ministry, had few debates •' every thing- went smoothly on, all being- upon one lay, till next year tbe dispensing power awakened a good number out of their lethargy ; and, at this first sederunt, two very material acts were passed, besides what we have seen. Decency and form led them to begin with religion, and accordingly, an act, ‘for the security of the protestant religion,’ is drawn up, and voted immediately. Though one would think, this had been the greatest work they had to do, under a popish king, yet it is soonest got through. I doubt not but a preconcerted draught was ready, and Argyle, and other patriots and protestants, who bred some trouble about the test, are out of the way. The act is so short, that it needs scarce be inserted in a note, and runs, “ Our sovereign lord, with con¬ sent of his estates in parliament convened, ratifies and confirms all the acts and statutes formerly passed for the security, li¬ berty, and freedom of the true church of God, and the protestant religion presently professed within this kingdom, in their whole strength and tenor, as if they were here particularly set down and expressed.” It was not yet seasonable to appear openly against the protestant interest ; and there¬ fore, under pretence of ratifying former acts, without any thing of new security offered, a loose and double expression is thrown in, which might be in due time explained, ‘the true church of God :’ and w-hen this was explained, nothing but the mere profession of the protestant religion remained ratified by this act. At the best we can suppose, here matters are left as they were, vox et prceterea nihil; and since it was not con¬ venient any thing should be done under his majesty, that might thwart with things and acts of another nature in view, the laws for the reformation are not yet abolished, but left as they stood, and no further hedges added to hinder a bigotted papist to model all at his pleasure ; and yet this act was mightily magnified, as a proof of the king’s sincerity in preserving our religion. That same day, the parliament make ‘ their offer of duty to the king.’ This is in the printed acts, and lies out of my road. It is preceded by a declaration, rvhich I have annexed in a note,* that the reader may observe how much the spirit of persecution had depressed and sunk the Scots nation, * Parliament’s offer of duty, April 2&th, 1685. The estates of parliament, now convened by his majesty’s sovereign authority, taking into their consideration, how this nation hath now continu¬ ed upwards of two thousand years, in the unal¬ tered form of our monarchical government, under the uninterrupted line of one hundred and eleven kings, whose sacred authority and power hath been, upon all signal occasions, so owned and assisted by almighty God, that our kingdom hath been protected from conquest, our posses¬ sions defended from strangers, our civil commo¬ tions brought into wished events, our laws vigorously executed, our properties legally fixed, and our lives securely preserved ; so that we and our ancestors have enjoyed those securities and tranquillities, which the greater and more flour¬ ishing kingdoms have frequently wanted. Those great blessings we owe in the first place to divine mercy, and in dependence on that, to the sacred race of our glorious kings, and to the solid, abso¬ lute authority wherewith they were invested, by the first and fundamental law of our monarchy ; nor can either our records, or our experience in¬ stance our being deprived of those happy effects, but when a rebellious party did, by commotions and seditions, invade the king's sovereign author¬ ity, which was the cause of our prosperity; yet so far hath our primitive constitution, and fun¬ damental laws prevailed against the innovations and seditions of turbulent men, as that these interruptions never terminated, but either in the ruin, or at least the suppression of these who at any time did rebel, or rise in opposition to our government. And since so many ages have as¬ sured to us the great advantages, which flow down to all ranks of people from the happy con- • stitution of our monarchy, and that all our calamities have ever arisen from seditious inva¬ sions, upon those sacred rights ; therefore the ! estates of parliament for themselves, and in name of the whole kingdom, judge themselves obliged to declare, and they do declare to the world, that they abhor and detest, not only the authors and actors of all preceding rebellions against the sovereign, but likewise all principlesand positions which are contrary, or derogatory to the king's sacred, supreme, sovereign, absolute power and authority, which none, whether persons, or col¬ lective bodies, can participate of, any manner of way, or upon any pretext, but in dependence on him, and by commission from him. And as their duty formerly did bind them to own, and assert the just and lpgal succession of the sacred line, as unalterable by any human jurisdiction ; so now on this occasion, they for themselves and the whole nation represented by them, in most humble and dutiful manner, do renew the hearty and sincere offer of their lives and fortunes, to assert, support, defend, and maintain king James VII. their present glorious monarch, and his heirs and lawful successors in the possession of their crowns, sovereignty, prerogatives, au¬ thority, dignity, rights and possessions against all mortals, and therewithal to assure ail his enemies, who shall adventure on the disloyalty of disobeying his laws, or on the impiety of in- CHAP. IX.] OF THE CHURCH OF SCOTLAND. 267 and how slavish they are in their politics, 1 and how little sense of liberty remained now with them. The parliament, in this declaration, runs out upon the antiquity of our nation, upwards of two thousand years, in an uninterrupted line of one hundred and eleven king's, in pretty positive ex¬ pressions, whereby their parliamentary authority is some way embarked upon the advocate’s side, in his controversy with the bishop of St Asaph. I hope they are right as to the antiquity of our nation, but can never think, that the blessings narrated in the declaration, are owing to the absolute authority, wherewith our kings were in¬ vested by the fundamental law of our mon¬ archy, for this reason, that they had no such absolute authority ; and it is most plain from our history, and our oldest records, that the authority of our Scots kings vading his rights, that these shall sooner weary of their wickedness, than they of their duty, and that they firmly resolve to give their entire obe¬ dience to his majesty without reserve, against all his enemies, foreign or intestine; and they solemnly declare, that as they are bound bylaw, so they are voluntarily and firmly resolved, that all of this nation, betwixt sixty and sixteen, armed and provided, according to their abilities, shall be in readiness for his majesty’s service, where, and as oft as it shall be his royal pleasure to require them. And since the excise of inland and foreign commodities, granted to king Charles II. of ever blessed memory, by the fourteenth act of the parliament 1661, during all the days of his life¬ time, and prorogate by the eighth act of the parliament 1681, for five years thereafter, will shortly terminate; and the estates of parliament considering the usefulness of this grant, to sup¬ port the interest of the crown, do, as the first evidence of their sincerity, in the foresaid tender of their duty, humbly and unanimously olfer to his most sacred majesty, king James VII. their present monarch, and to his lawful heirs and successors in the imperial crown of Scotland, the said excise of inland and foreign commodities, exprest in the said fourteenth act of parliament 1661, to be collected in the manner prescribed by the said eighth act of the parliament 1681, for ever ; and his majesty and estates of parliament, by force of this act, have united, annexed, and incorporated, and unite, annex, and incorporate the same to the crown of this realm, to remain therewith in annexed property, in all time coming : and in respect that the alteration in the method of collecting the inland excise, from what it was by the act 1661, to that prescribed by the eighth act, parliament 1681, will require some time to establish it in collection ; therefore his majesty, with consent of the estates, con¬ tinues the collection prescribed by the fourteenth act, parliament 1661, of the inland excise for three months, from the first of May next allenarly. was very far from being absolute, Next, they declare their detestation of all principles and positions, contrary or derogatory to the king’s sacred, supreme, sovereign, absolute power and authority, which none, whether persons, or collective bodies, can participate of any manner of way, or upon any pretext, but in dependence upon him, and by commission from him. This is a stretch of the prerogative beyond reason, law, and scripture, and to me ap¬ pears to clash with several of our standing laws, as to the liberties and privileges of parliaments. Consequentially to this de¬ claration, they promise entire obedience to his majesty, without reserve ; which is certainly more than any mortal, far less a papist, ought to claim. They conclude their paper with annexing the excise to the crown for ever ; which is a step of loyalty, beyond what other parliaments could hitherto be brought up to. By this time the reader hath some view of the progress this loyal parliament makes in one day. One would think, they needed have sit no longer, after they had made a resignation of themselves, without reserve, to their king, and that they might havo left the rest of the things to be done by him ; but it was proper that some more particular acts should yet be passed, under the shadow of parliamentary power, which I shall just now come to. If once 1 had noticed, that the privy council, this same day, emit a proclamation, for putting the kingdom in a posture of defence, which is likewise annexed in a note* probably by * Proclamation for putting the lcingdom in, a posture of defence, April 2b th, 1685. James, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith : to our lyon king at arms, and his brethren, heralds, macers of our privy council, pursuivants, and messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting. Forasmuch as these traitorous conspirators, who designed the horrid and sacrilegious murder of our dearest brother, the late king, of renowned and eternal memory, and the destruction of our ancient monarchy, continuing still in the same hellish project and fury against us, and our royal government, are now again setting their designs on work, to raise commotions in this our ancient kingdom, as being the last strugglings of them and their execrable party, and the utmost effects of their absolute despair ; for preventing where- <268 THE HISTORY OF THE SUFFERINGS [BOOK III- jg this time the government had some hints of the intended invasion upon Scotland, by the earl of Argyle ; and with a view to this, the council gives this alarm to the nation. Observations upon it may be very short. The title given to the late king, “ our dearest brother, of renowned and eternal memory,” is one evidence of the low pass religion is at, when the incommunica¬ ble perfections of the Deity, are, without any Ceremony, attributed to creatures in flattery and adulation. The militia in the of, and bringing these desperate and execrable traitors to just and condign punishment, we, with advice of our privy council, do hereby strictly require and command, all and every of the subjects of this our realm, that they be in readiness, in their best arms, to concur and assist us against any the foresaid commotions, or insurrections, as they shall be advertised ; and particularly, we hereby require and com¬ mand all and every the colonels of our militia regiments of foot, and captains of horse, and the inferior officers and soldiers under their com¬ mand, in the shires respective and underwritten, viz. theJVIerse, Teviotdale, Peebles, Selkirk, East, Mid, and West Lothians, town of Edinburgh, Stirlingshire, Fife, and Kinross shires, the four companies of the low country, of the earl of Perth our chancellor’s regiment, and the three companies of the low country, of the marquis of Athole lord privy seal his regiment, the sheriffs of Forfar and Kincardine, and all the heritors, liferenters, feuars, and wadsetters in the shires of Ayr, Renfrew, Clydesdale, Wigton, Dum¬ fries, and stewarties and bailiaries within the same, to be in readiness with fourteen days’ pro¬ vision, to march when, and whither our privy council shall give them orders, and, to that end, to have their arms fixed, and their several com¬ panies of our militia presently mustered, and the heritors and others aforesaid, listed, modelled in companies, and mustered for the putting them in a condition of a greater readiness. And further, we hereby require and command all persons, fencible men, betwixt sixty and sixteen, within the shires of Aberdeen, Banff, Elgin, Nairn, Inverness, Ross, Sutherland, and Caith¬ ness, to be in readiness in manner foresaid. As likewise, we hereby require and command all our lieges on the sea-coasts of this kingdom, or near to them, or to any of the islands thereunto belonging, so soon as they hear, or get notice of any vessels arriving at any place from abroad, or at home into any coasts, ports, creeks, or har¬ bours, with men, arms, or ammunition, forth¬ with to convocate and rise in their best arms, and to beat them off, or seize upon, and secure the ships or vessels, and the men, arms, and ammunition, and give immediate advertisement to our privy council ; and for their security in obeying these our royal commands, we hereby fully pardon and indemnify them for ever, of all slaughter, blood, mutilation, fire raising, burning of ships, or such like warlike inconveniences as may follow, in case they meet with hostile op¬ position. And we hereby require and com¬ mand all our collectors, customers, or waiters, eastern shires, and all the fencible men in the northern shires, are commanded to.be in a readiness, with fourteen days’ provision ; and only the heritors, feuars, liferenters, and wadsetters in the western shires, have this trouble given them. The presbyterian gentlemen, generally speaking1, in those shires, were either forfeited, or in prison, and the rest had gone into the test ; but the common people, after so much barbarity, could not be depended upon. Particular care is ordered to be taken of the coast- to make strict and diligent search and inquiry in all ships arriving in any part of this kingdom, for traitors, rebels, fugitives, or disaffected per¬ sons, and for arms and ammunition, and to seize upon the ships, men, arms, and ammuni¬ tion, until they acquaint our privy council, and receive their directions thereanent : and to the effect they may the better be able to perform this service, we do require all our subjects nearest to them, as they shall be by them advertised, to rise, concur with, fortify, and assist them, who, and these so'assisting, are hereby declared to be fully indemnified in manner foresaid. And that all the persons aforesaid may know their hazard, if they fail in any of the premises, we hereby declare, that they shall not only incur our high displeasure, but also shall be punished with the utmost of severity, conform to their demerit, and the laws and practice of this king¬ dom ; and that the heritors, which shall be deficient in sending out their tenants, and other fencible men, or shall not give advertisement, as said is, and of any rebels and traitors appearing on their lands, that they shall be punished ac¬ cordingly. And to the end the said desperate traitors and rebels may have no reset, harbour, comfort, or refuge from any of the subjects of this our realm, we hereby strictly prohibit and discharge all and every of our subjects therein, to furnish house, meat, drink, or any other thing comfortable to them, or to keep intelligence or correspondence with them, by word, writ, or message, or to transport them to, or from ferries, or any ways to be aiding, abetting, or assisting to them, under the pain of being repute and esteemed art and part with them in all their wicked deeds and practices, and proceeded against, demeaned, and punished accordingly. And that our pleasure in the premises may be fully known to all our lieges, our will is, and we charge you strictly, and command, that inconti¬ nent, these our letters seen, ye pass to the mar¬ ket-cross of Edinburgh, and all the other market- crosses of the head burghs of the shires of this kingdom (and all places else needful) and there by open proclamation, in our name and author¬ ity, make publication of our royal will and pleasure iu the premises, that none pretend ig¬ norance. Given under our signet at Holyrood-house, the twenty-eighth day of April, one thou¬ sand six hundred and eighty five, and of our reign the first year. Per actum dominorum secreli concilii. Wii.i,. Paterson Cl. Seer. Concilii. God save the king. CHAP. IX.] OF THE CHURCH OF SCOTLAND. 269 towns ; and all are required to obey collec¬ tors, custom-house officers, and waiters, and rise with them upon their call ; and such who correspond with any now called rebels, or do not inform against them, are to be reckoned art and part with them. This brought new hardships upon the sufferers. To return to the parliament, they are very close at their work, and the most part of their acts, either directly, or by conse¬ quence, relate to the subject matter of this history. Upon the first of May, two acts are made to facilitate processes of treason before the justiciary, now in dependence, and to re¬ move obstructions in the road of forfeiting and ruining noblemen, gentlemen, and others. By one of them, * The king and estates of parliament, approve and ratify the former custom used by his majesty’s com¬ missioners for justiciary, in proceeding against pannels already in prison, and indict¬ ed for treason, in twenty-four hours : but for the future his majesty allows such pan¬ nels to be cited upon forty-eight hours.’ This is not the last instance we shall meet with of the parliament’s approving the irre¬ gular procedure of the managers of the persecution at Edinburgh, yea, to do so, seems to be a great part of their work. They make laws to look backward, and give a kind of parliamentary pardon and protection, for former violations of the rights and liberties of mankind. It is but a very little that they mend the matter, and after they have made themselves guilty of the irregularities of the justiciary we have heard of, the time is allowed to be doubled. I pretend to no knowledge in criminal forms, Jut twenty-four or forty-eight hours appears to me a very short time for men to make defences upon life and death. And this it¬ self does not reach the cases of several we have met with, who were taken, tried, and executed in less than twenty-four hours. And the acts being confined to pannels ifi prison, mends the matter very little, since the officers of the army, and I know not how many others, were empowered to im¬ prison when they pleased. '1 he other act of the same date, statutes and ordains, “ That such who being cited to be witnesses in cases of treason, house or field conventicles, or church irregu- ( ^ . larities, do refuse to depone, they shall be liable to be punished as guilty of those crimes respectively, in which they refuse to be witnesses ; it being always de¬ clared, that those depositions so emitted, shall not militate against the deponent him¬ self any manner of way.” Certainly, it was neither the necessity, nor reasonableness of the matter here statuted, which brought the parliament into this law, but merely to ra¬ tify and give weight to the former procedure of the privy council, and justiciary. Some reflections, I suppose, have been made al¬ ready upon this practice. It must be reck¬ oned severe and hard upon a man, because he will not witness against his neighbour, friend, or father, for being at a field-conven¬ ticle, to find him guilty, and send him in to eternity, as is ordained just now by another act. It needs scarce be further observed, that this act is calculated to expose the whole of the sufferers to the odium ol the world. Treason and church irregularities are put on a level, and classed together- And it is framed to encourage deponents against the persecuted party, by freeing them from any share in the guilt, that might fall upon them by their deposition : but some of them, as we have heard, found that the government 'wanted not other means, when their service was over, to make them as guilty as those against whom they are thus encouraged to swear even without us¬ ing their own depositions. By the written minutes before me of this sederunt, I find that Cesnock’s bill for ex¬ culpation, was this day, May 1st, before the lords of the articles, consisting of his de¬ fences, that he was alibi, that such as he had conversed with, who were at Bothwell, had taken the bond, that his case was res hactenus judicata, and an enumeration of the steps of his loyalty : but the short hints before me do not bear what was done about it. We shall find him afterwards forfeited. Upon the 6th of May, three other most iniquitous acts were made ; the first whereof, my written account says, was passed nomine contradicente ; and all of them, with the former two, were that same day touched with the sceptre, to the lasting reproach of 270 THE HISTORY OF THE SUFFERINGS [BOOK III. this parliament, and as evidences what men, protestants, and presby- terians in particular, may expect under a popish prince. They deserve our particular consideration. The first of them is against the covenants, and I insert it here. “ Our sovereign lord, and estates of parliament, do hereby declare, that the giving or taking the national covenant, as explained in the year 1 638, or of the league and covenant, (so commonly called) or writing in defence thereof, or owning them as lawful or ob¬ ligatory upon themselves or others, shall infer the crime and pains of treason.” No doubt, by this act, the prelates and enemies of presbyterians, reckoned they had got¬ ten the grave-stone put upon the covenanted work of reformation ; but a very great body of people still owned it, and that not¬ withstanding this iniquity setablished by a law ; and this work, which was the glory of these kingdoms, had and hath its witnesses, and even a resurrection at the happy revolution, when our doctrine, worship, discipline and government were legally settled. In the first book of this history, some remarks have been made upon the treat¬ ment given by the first parliament after the restoration to those solemn and religious ties upon those nations. It was not so decent in king Charles II. lifetime, to declare him a traitor, and his father much the same, for ratifying the national covenant with the explanation of it in parliament. This honour was reserved for his brother, who had never taken the covenants indeed, but probably was a good catholic from his very youth, at the expense of contradicting his father’s dying charge. When l am upon this head, I cannot but take notice of that remarkable letter king Charles II. wrote with his own hand to his brother then duke of York, to prevent his turning papist, November 10th, 1654. It hath been already printed, but being put in the hands of but a few, I thought it a piece of justice to his memory, to preserve it here, and it follows. Cologne, November 10th, 1654. Dear Brother, “ I have received yours without a date, in | which you mention, that Mr Montague has endeavoured to pervert you in your religion. I do not doubt but you remember very well the commands I left with you at my going away, concerning that point, and am confident you will observe them ; yet the letters coming from Paris say, that it is the queen’s purpose to do all she can to change your religion ; which if you hearken to her, or any body else in that matter, you must never think to see England or me again ; and whatever mischief shall fall on me or my affairs, from this time I must lay all on you, as being the only cause of it: therefore consider well what it is, not only to be the cause of ruining a brother that loves you so well, but also of your king and country. Do not let them per¬ suade you, either by force or fair promises ; for the first, they neither dare nor will use ; for the second, as soon as they have pervert¬ ed you, they will have their end, and will care no more for you. I am also informed, there is a purpose to put you into the jesuits college, which I command you on the same ground never to consent unto; ■ and whenever any body shall go to dispute with you in religion, do not answer them at all ; for though you have reason on your I side, yet they being prepared, will have the advantage of any body that is not upon the < same security that they are. If you do not consider what I say to you, remember the last words of your dead father, which were, to be constant to your religion, and never to be shaken in it. Which if you do not observe, this shall be the last time you will ever hear from.” “ Dear Brother, “ Your most affectionate Brother, “ Charles It.” It had been the late king’s interest, if he had in the succeeding part of his life, discovered an equal concern for the protest- ant religion, to what he shows in this letter ; and it held true in great measure, that the mischief which fell on him and his affairs, was to be laid upon his brother’s turning papist. However, this letter was forgot, as well as his father’s declaration to his mother, that the covenanters were his firmest | friends, when the king came in to popery, OF THE CHURCH OF SCOTLAND. 271 CHAP. IX. j and now to this virulent act against the I covenants. It was an act very agreeable to the first parliament of a popish king, and a necessary prelude to the introduction of popery to Scotland, the national covenant being, since the reformation, our great barrier against popery, and even the explanation of it, a strong additional security. And to promote this reintroduction, now so much at the king’s heart, and less or more in his eye in all his public steps, he sticks not to cast a slur upon his brother, father, and grandfather : holy mother church, the scarlet whore, is dearer to him by far than their reputation. It is hard to tell how much iniquity and wickedness is wrapped up in this short act, perhaps in part it was designed for a vindication of the former actings of the managers, for several years, against multitudes whom they butchered, for little other reason, than their adhering to those sacred vows unto the Lord. The declaring writing in defence of the cove¬ nants to infer treason, was evidently unrea¬ sonable and severe, but very agreeable to the popish methods of keeping people in gross ignorance of the truth, to say nothing of its bringing many eminent and learned divines through all the reformed churches, whom I could name, under the guilt of this statutory treason. I do not enter upon the irreligion and impiety of this singular act. Multitudes have unanswerably proven, that nothing is contained in those solemn trans¬ actions with God, but what, prior to the superadded religion, and tie of those oaths, was morally obliging upon the consciences of all, by the divine law. What a dreadful fighting against God, and counteracting of his holy law, a casting his cords from them, and his law behind their back, must the authors of this act then lie under ? In short, this was, as far as lay in the parliament’s power, a national step backwards to Rome and popery, and a practical renunciation of the solemn resignation made of those lands to the Lord ; and consequently matter of deep mourning even to posterity, and a blot upon a reformed kingdom, which cannot be taken off by rescissory acts, till we return nationally w'ith weeping and mourning, and join ourselves to the Lord in a covenant never to be forgotten. 5 1685 Here I cannot but observe, what I have from two worthy persons, present when the late excellent duchess of Hamilton, more than once, told the sentiments of Dr Burnet, since bishop of Salisbury, signified to her grace upon our national covenant. Particularly one day when the conversation fell in upon the sufferings of presbyterians, for adhering- to the covenant, the doctor spoke of the national covenant with a great deal of respect, and said, He believed it would never be well with Scotland, until we returned to that covenant, and renew ed it. This was when the doctor was last in Scotland. Indeed, in my opinion, this may be reckoned an overt act of treason against heaven, and the one Lawgiver, who is able to save and to destroy, a national sin, which filled our cup very much, and a trampling under foot the glory of this nation, an act, in one word, which could never have been made but by apostate protestants, under a popish prince. As the former act wras ungodly, so the next was unreasonable. The apostle of the Gentiles classes the two together, in the primitive times, and they have frequently since been found to be of a kin. By this they obliged husbands to be liable for their wives’ fines. The unreasonableness of it hath been pointed at before. The matter of this act passed the council with a con¬ siderable struggle, and now it must have a parliamentary sanction, to save the man¬ agers from after-inquiries; and this is almost the very narrative of the act. No pretence of righteousness or equity is alleged, but we are frankly, if not bluntly, and plainly told, ‘ our sovereign lord considering, that the lords of his privy council, and others commissionate by his majesty and them, have fined husbands for their wives’ with¬ drawing from ordinances, doth, with advice and consent of the estates of parliament, declare the said procedure to have been legal, and ordains the same to be observed in all time coming, and ratifies all decreets and sentences granted against husbands for such fines, reserving always power to the lords of his majesty’s privy council, to ab¬ solve or mitigate the fines of such husbands, as are known to be of loyal principles.’ Tl°l THE HISTORY OF THE SUFFERINGS [BOOK HI. The unaccountableness of this sta¬ tute needs not to be insisted upon. ! This parliament, in their wonderful power, declare a practice legal, for which there uas never a law, and of which a just rea¬ son can never be given, and ordain it to be observed in all time coming ; and though the reservation at the end of the act be added, in order to soften so shocking a thing, yet really thei'e is nothing here but a blind, since the council had this power as to the matter of lines in every case, and Mere ready enough to exercise it in the processes of kin, friend, and ally. Their third act this day, runs yet deeper, and was framed, not only to look back to what Mras past, but to catch a great many gentlemen and others, and bring them to ruin in their bodies and estates. The ille¬ gal and harsh sentence passed by the justi¬ ciary, at the direction of the council, against that excellent gentleman and Christian John Porterfield of Duchal, above narrated, made a terrible noise, and was plainly enough per¬ ceived to have been in order to gratify a particular mauager with his estate. It was necessary then ex post facto, to confirm this sentence by a posterior lau-. Therefore ‘ the king and estates of parliament do rat¬ ify, approve, and confirm the sentence of forfeiture, pronounced by the commission¬ ers of justiciary, against John Porterfield, sometime of Duchal, and the interlocutor and whole proceedings of the said commis¬ sioners in that process, and declare the same Mras conformable to the laws of this kino- o dom; and in general, statute and declare, that the concealing and not revealing of supplies, given to, or demanded for traitors forfeited for treason, against the king’s per¬ son and government, is treason, and is to be judged of accordingly.’ Unhappy were the people who lived at this time ! for I scarce see how any body almost of business, could be free from the things now made treason. This act was a second punishment for the same fault, if it be a punishment, and not an honour, to be condemned by such a parliament as this. This good man, for any thing I knon’, was neither called nor heard in his own defence, before this second sentence, and the iniquity done to him is established by a lanr, to be a rule to judge others by. Upon the 8th of May, the parliament come to give the last stroke, and I may say, to do their utmost against conventicles, and the liberty of the gospel, in their eighth act ‘ against preachers at conventicles, and hearers at field-conventicles,’ which de¬ serves a room here, as a fiaming evidence of the wickedness of this time. “ Our sovereign lord considering the obstinacy of the fanatical party, who, notwithstanding of all the laws made against them formerly, persevere to keep house and field-conventi¬ cles, which are the nurseries and rendez¬ vouses of rebellion, therefore his majesty, with consent of his estates of parliament, doth statute and ordain, that all such as shall hereafter preach at such fanatical house or field-conventicles, as also such as shall be present, as hearers, at field-conven¬ ticles, shall be punished with death, and confiscation of goods.” It is an irksome task I have brought myself under, to tran¬ scribe all those terrible acts; and it had been much for the honour and reputation of iicotland they had never been made. But since the actors were not ashamed of such bloody lanrs, it is but reasonable they should bear the just reproach owing to them, by a faithful narration of matter of fact; though it is with the utmost regret I intermix my history urith those unparal- 1 leled and sanguinary acts. If I did not fully know the native spite and enmity of many of the managers against the presby- terians, and the preaching of the gospel, which was, in the case of conventicles, heightened by the virulence of the prelates, and made them stand at nothing, that might bear hard upon those sufferers ; I would have beeu ready to imagine, that such an act as this M as made as a preface and in¬ ducement to all sober people, to remove the penal kuvs in gro, at the next parlia¬ ment, and matters were screwed up to this height, that all might break, and papists get free. But it was better ordered in Provi¬ dence, and the shadow of parliamentary power, Mras never got interposed in this! matter ; and presbyterians chose to lie un¬ der those horrid laws for some time peace ably, rather than have any active hand ir taking dou n the fences of the reformation and any thing done this M'ay, as we M ill hear Mas done bv the assumed pouer of a papist CHAP. IX,] OF THE CHURCH OF SCOTLAND. To return, the reader already knows, what the law at this time made to be a house- conventicle, wherever more than five per¬ sons not belonging- to the family, are in a bouse at worship, or a sermon ; and in this case he who preached or prayed must die, and have his goods confiscated. If any such law as this was made since Nero’s time it is more than I know of, and sure it cannot be paralleled in any protestant coun¬ try, and very little like it offers to me, even in popish countries, that ministers of the gos¬ pel, for preaching of the gospel, and, ac¬ cording to their charge from their Lord and Master, fulfilling their ministry, should for this forfeit their life. Had it been restricted to preaching against the government, there had been some colour for so terrible an interdiction ; but for preaching Christ, and the saving truths of the gospel, in a private house, as the apostles did, when most groundlessly presbyterian ministers had fal¬ len under the displeasure of the govern¬ ment, and were never deprived or censured by any competent power, that for this, I say, they should die, is a wickedness beyond my expression; and that clergymen, pro¬ testant bishops, should not only approve and vote this, but press and procure its being passed into a law, cannot but aston¬ ish posterity. The same things, and several more might be said, as to hearers at field-conventicles, their being appointed to death by the other part of this act. Any who look into the printed acts will see, that by act 5. pari. 2. sess. 2. Char. II. against conventicles, it is declared to be a field-conventicle, where there are more persons present at sermons preached at any house, than the house can hold, so as some be without doors. By this act I am upon, any person present at such meetings, is punishable by death, anc confiscation of goods, in the same manner as the meeting hath been held in the fields. This act, beyond contradiction, discovers the true spirit of antichrist, that malignity and bitterness against the gospel of Christ, and the pure preaching of it, to be now working ; and popery at this time diffusec itself every where from the throne. Indeec the whole of the managers almost were now either papists, or ready to declare IV. 273 themselves papists, or people of such slavish principles, as to fall in with 1 every thing which would please the zealous rnpist upon the throne. This is the best and only apology I know of for such acts as those. They had promised to hold the king’s commandments sacred, and without reserve, to obey him even in his very inclination, when known ; and they were as good as their word. Another act follows that same day, ‘ concerning judicial confessions before the justiciary,’ and it is statute, “that all con¬ fessions of parties after an indictment, in case of treason, emitted before the justi¬ ciary, and signed by the pannel or judges, are to be probative to the assize, as if the same had been emitted in their presence, and if the assize assoilie in this case, they are liable to a process of error.” I know not the particular views of making this act. Whether it was designed to vindicate their bringing in the acknowledgments of pri¬ soners, before the council and committee for public affairs, as sufficient documents before the j usticiary, because signed by the clerk and some lords, which the act indeed comes not fully up to, or it may be the managers inclined to be rid of the gentle¬ men of the assize in some examinations before the justiciary, where in some cases they had proved troublesome to the judges ; and yet it appears highly reasonable, that the assize being judges of the probation and matter of fact, ought to be present, and have all the light they can during the pan- nel’s examination, and not depend upon the judges and clerk, who are in this case the only witnesses of the pannel’s confession ; and accordingly their presence was or¬ dered by act 90. pari. 11. Jam. VI. But it was some easier to get judicial confessions worded as the clerk and court pleased, signed by themselves, to be laid before the assize ; and this may be presumed to have been the case of the poor ignorant country people, who were soon, as we heard, cir- cumvened by captious questions, to declare they had owned the covenants, and had been at field-meetings, which was now death. The last act I name, passed this day, “ declares all subjects who refuse to accept 2 M THE HISTORY OF THE SUFFERINGS [BOOK III. 274 of the offices of magistrates, justices 1 685. o£ j.jie peace> constables, officers of the militia, or any other employment laid upon them by his majesty or his council, to be fine- able for their contempt.” This was hard enough upon people of conscience, who could not think of being executors of these dread¬ ful sanguinary laws at this time made, and proved a good handle for exacting swinging fines from many worthy and excellent gentlemen, and others, who refused con¬ currence in those things. It was now a happiness to be out of Scotland. Upou the 13tli of May, the parliament pass the ‘act for supply,’ which needs not be insert here. In short, from their alleged sense of hazard from fanatics, and because the present forces may be too few for pro¬ tecting the country, they offer his majesty two hundred and sixteen thousand pounds yearly, over and above the five months’ cess already imposed, which amounts to eight months’ cess yearly ; and this they settle upon his majesty during his life, imagining, it seems, they would never be rid of fanatics while he lived and reigned. Indeed the proceedings of this period awakened people out of their slumber and security, and re¬ vived a sense of liberty, and concern for religion. This was truly the character of the most part now called fanatics ; and if those be they, the managers were not rid of them this reign. The same day the imposition of the test is renewed by their 13th act, ‘for taking the test ;’ which being a little longer than those before, the reader will find at the foot of the page.* By this act the test is ex- * Act for the test, May 13 th, 1085. Our sovereign lord, with consent of the estates of parliament, statutes and ordaius, that all pro- testant heritors, liferenters, and others having right to liferents jure mariti, wadsetters, tacks¬ men having tacks for longer time than for eigh¬ teen years, all masters of ships, and such other burgesses, and inhabitants of burghs, whether of royalty, regality, or barony, as are not heri¬ tors, who shall be appointed by the privy council, take the test prescribed by the sixth act of the parliament, 1681, before the first day of Novem¬ ber, for all such as live besouth the river of Tay, and the first day of January next, for all benorth Tay; and for that end, that all noblemen, and their eldest sons, above the age of eighteen years, shall compear before his majesty’s privy council ; all masters of ships, and burgesses aforesaid, shall compear before the provosts, or bailies of 1 tended to all heritors, liferenters, taxmen, &c. of the protestant religion, above eigh¬ teen years. It is observed in a written account of this parliament before me, “ That the bishops of Ross and Dumblain, reasoned against imposing oaths on ignorant people; and humbly moved, that this might be fur¬ ther considered before the act passed. To break this, or to wave it, Lauderdale, se¬ conded by Eglinton and Linlithgow, moved, that it should be extended to women as well as men. But this was not gone into. Sir John Lauder moved first, that the test should not be limited to those of the pro¬ testant religion, as being designed to exclude papists, and bishop Ramsay seconded him ; but was answered by the bishop of Edin¬ burgh, who appeared a mighty advocate for the Roman Catholics that day, and mostly insisted upon the act against separation in the parliament 1670, which was restricted to these of the reformed religion.” This court bishop carried his purpose ; and the act was voted and touched that day. What I have said before on the last act of parlia¬ ment as to this subject, will save me the trouble of making remarks here. The duke of York’s threatening, that the edge of this act should be turned from catholics, is now fully accomplished. And it was scandalous in protestant bishops, to appear for the re¬ lief of papists, when protestants were tied down. The refusal of the test is now only to be punished with such pecunial sums as the burgh to which they belong; and all others foresaid, before the sheriff of the shire where they live, at some time before the said day, and there shall swear and subscribe the said test, be¬ fore the judge, and clerk of the court, with cer¬ tification, that such as fail in swearing and sub¬ scribing the test, as said is, shall be punished in such pecunial sums, as the secret council shall determine, to be disposed of by his majesty, at his royal pleasure. It is always declared, that this act extends not to women ; and all clerks are hereby ordained to send in lists of such as have taken the test, within their respective ju¬ risdictions, to the clerks of his majesty’s privy council, before the first day of February next to come, under the pain of losing their office, and to be punished otherwise as the privy council shall determine : But such as have already sworn and subscribed, shall not be obliged to renew it on this occasion. And further, his majesty, with consent foresaid, doth ratify and approve what is already done in offering the test by his majesty’s privy council, justice-court, or any commissionate from any of them, or by sheriffs and other magistrates, declaring the same to have been good service to the king and country. OF THE CHURCH OF SCOTLAND. 275 CHAP. IX.] the council thinks fit, and by this act women are delivered from the test. And all such as have already sworn and signed, are not obliged to renew the same. Per¬ haps in all this softness there might be a snake in the grass : but it were desirable, that the equity of that clause against renew¬ ing the taking of oaths already sworn, were imitated more in the imposition of public oaths. Lastly, what the council, &c. did in offering the test, is ratified, and declared to be good service, that is, the explication given by them, as I take it. And so the noble earl of Argyle is vindicated upon the matter, in offering an explication to the council, when he took the test ; and the most and strongest reasonings against him in his process, fall. That same day, in the afternoon’s sede¬ runt, their 16th act, ‘anent the justices of peace,’ is passed. It is very much calcu¬ lated to carry on the persecution up and down the country ; and so I have annexed it in a note.* The justices of the peace * Act anent justices of the peace , Alp.y 13 th, 1685. Our sovereign lord, considering the many advan¬ tages which his lieges might have had, it the justices of peace had exerced their function, with that diligence which the law required, and the many evils, especially in ecclesiastic dis¬ orders and irregularities, which might have been prevented by their care : tor remeid whereof, in time to come, his majesty with the consent of his estates in parliament, doth hereby ratify, approve, and confirm the eighth act of the parlia¬ ment 1617, intituled, ‘ act anent the justices for keeping of the king’s peace, and constables, the twenty fifth act of the parliament 1633, and the thirty eighth act of the parliament 166b intit¬ uled, ‘commissions and instructions to the justices of peace and constables/ in the whole heads, articles, and clauses contained in them. And further, his majesty gives full power, authority, and commission to the said justices, to put the laws in execution against all who shall be guilty of conventicles, irregular baptisms and marriages, withdrawing from church ordinan¬ ces, and other such disorders, in so far as they are not capital, conform to the laws made there- auent ; and where the crime is capital, they are to secure the persons, and acquaint the sheiitl, or other judge ordinary thereof : and it is de¬ clared, that in their proceedings against church- irregularities, baptisms, marriages, and conven¬ ticles, the justices may proceed immediately without waiting any time after the crimes aie committed ; and their clerk is appointed to send information of their proceedings once in the quarter, to the clerks of the council, as they will be answerable. And for their turthei encoui- agement, his majesty allows unto the. said justices of peace, the tines of all, except heritors, which shall arise from these delinquencies were nominated by the managers about Edinburgh, who took care to 1 name such as were agreeable to their designs. Those justices of the peace lived generally in the country, and were at the clergy’s hand, to apply to, and concert measures for oppressing their people. In order to this, after an ample confirmation of all their powers, they have the execu¬ tion of the law against “ conventicles, irre¬ gular baptisms and marriages, and with¬ drawing from church-ordinances,” com¬ mitted to them, and they are allowed to proceed summarily, and have the fines given them that are not uplifted from heritors. The council, by the former act of parliament, are empowered to fine, at their pleasure, such as are nominate, and do not wait on at the meeting of the jus¬ tices, and to nominate justices of the peace, and enlarge their powers ; and what the council does herein, is ordained to have the strength of an act of parliament. It was above noticed, that this affords a good foot for persecuting a great many worthy gentlemen, who lived peaceably and regu¬ larly, and yet would not actively concur in the oppressive and bloody measures now formed into laws. judged by them, to be employed for explicating of their jurisdiction, as they shall think fit, an u for discovering of what the fines of heritors shall amount to. The clerks of these courts are hereby appointed to send a subscribed list of them to the clerks of exchequer, in the first week of November yearly, under the pain of deprivation. And his majesty, with advice foresaid, allows the justices to nominate then- own clerks at their first meeting. Attour, his majesty and estates foresaid, give full power, authority and commission, to the lords of his majesty’s privy council, upon the decease of any of the justices of peace, to nominate others in their place, and to set down and impose penal¬ ties upon such of the justices as shall not keep and observe the diets prefixed for their several and particular meetings, according to former acts, and an act made in this parliament. And with power likewise to the said lords of pi ivy council, to enlarge and amplify the power and authority of the said justices of peace, if they shall find it necessary and expedient : and what the council shall decree and determine therean- ent, find and declare, that the same shall have the force, strength, and power of an act of parlia¬ ment. It is always declared, that sheriffs, stewarts, and bailies of bailiaries, regalities and baronies, are to remain in the possession and exercise of their former rights, according to the laws of the kingdom ; any thing in this act notwithstanding. THE HISTORY OF THE SUFFERINGS l 2“/ G May 15th, the criminal process comes on against the noblemen and gentlemen underwritten, who, we heard, were cited to this day ; and I shall give all this process together, in the different diets of it, in this place, from the written account I have more than once referred to ; and when this is over, which was one of the chief works of this parliament, we shall quickly get through the rest of the acts. The late alleged conspiracy was the pretext of forfeiting those worthy patriots ; but this process was really intended against them, because they were averse from pre¬ lacy, favourers of presbyterians, and pos¬ sessors of good estates. This day the parliament have read before them the king’s letter to the council, and their orders to the advocate to cite them, the dittay against them all, a libel against Harden younger, two additional libels against Hay of Park, and Ardkinglass. Then the executions, and oaths of heralds and witnesses are taken ; and the advocates for the panneLs, Messrs Hume, Fletcher, Pringle, are admitted, and all bills and ob¬ jections are remitted to the lords of the articles. There were present, Sir William Scot, Cesnock elder and younger, Hay of Park, John Weir of Newton, Campbell of Ardkinglass. The other sixteen, already named in the citation, are absent. Friday, May 22d, dittay is read against Sir John Cochran, Polwart, Torwoodlee, and the heirs of Mr Martin ; and the advocate insists lmo against Sir John Cochran. The first article of his libel, anent the plot, is voted relevant. Probation is, Alexander Monro, who is present, and adheres to his deposition formerly given in Jerviswood’s process, and printed there, which is read to him, and he signs it. Then, contrary to repeated promises and declarations, as we have heard, Mr Car- stair’s printed deposition is read, and the clerks deponed they saw him sign it. Next, Burn and another Englishman’s depositions, signed by the English secretary, are read. Then the advocate adduced the form of proceedings in the like cases before the parliament, in the case of the popish lords, 1594, and against Robert Logan. [BOOK III After all, the advocate had a speech to the parliament, wherein we may guess he would aggravate the conspiracy, from what we saw above in Jerviswood’s case. Then the parliament voted the probation sufficient. The advocate, in the next room, insisted upon the second article of the dittay, seek¬ ing and collecting money for the late earl of Argyle ; and for probation, the laird of Pollock, and Craigends elder, their con¬ fessions in their own process were adduced, that Sir John had demanded from the first fifty, and the other twenty pounds sterling. This probation is next voted good. Then the question was stated, whether the pannel being found guilty should be forfeit¬ ed. Whereupon the bishop of St Andrews, in his own name and that of his brethren, desired to be excused, though they had voted in the relevancy and probation, as to this vote, and asked liberty to remove. When he removed, he gave in a protesta¬ tion, and took instruments in the register’s hands, that this should be but prejudice to their parliamentary privileges. The bishop of Edinburgh, at his removing, had a stated • speech, exclaiming against popery and presbytery, as the great enemies of bishops, with a deduction of the sense and opinions of canonists, as to bishops’ voting in cases of blood. When the bishops had removed, they were called in again at the advocate’s motion, he alleging the parliament was not full without them, wanting one of the three estates. During the calling of the roll, they were silent. When the vote for forfeiting was over, Mr Thomas Gordon read the sentence, and the king’s trumpets sounded thrice, upon which the doom was pronounced by the dempster, and the trumpets sounded again ; and the sentence was intimated at the cross by the lyon and heralds. It is exactly in the same terms with Jerviswood’s. I shall, for shortness, wave those circumstances as to the rest. That same day in the afternoon, the dittay read and found relevant in the fore¬ noon, against Polwart, Torwoodlee, and the heirs of Mr Robert Martin, was admitted to probation. The probation was taken from the depositions of Philiphaugh, earl of Tarras, Gallashiels, and commissary C H AI\ IX.] OF TIIE CHURCH OF SCOTLAND. 2?7 Monro, which are printed in Jervis wood’s case. The register read the act of parlia¬ ment James V. pari. 6. chap. 1, relating to forfeiture, for treason in the predecessor. As to the heirs of Mi- Martin, the probation was voted good, and sentence passed, at which the bishops renewed their motion, and did not vote, and doom was pronoun¬ ced, as in the forenoon. Wednesday, May 27th, dittay was read against Sir Thomas Stuart of Cultness. The articles were his sending meat and drink to the rebels at Both well, his resetting men that went to and came from the rebels, and his fleeing a little after, and taking guilt upon him, being denounced fugitive. Probation, James Cowper saw Cultness stand at his own gate, and send off a sledge with bread, flesh, and drink, and that he took back his gardener and butler, who had been at Both well. Another depones, he saw his servants carry the foresaid meat to Ham- ilton-muir. James Black depones, that he sold six gallons of ale, carried it to Hamil- ton-muir, got money from Cultness’ ser¬ vant. Thomas Stevenson depones, he saw Cultness’ servants in the rebellion. Pro¬ bation is found relevant, sentence voted, and doom pronounced as above. The reader will easily perceive, that nothing here proven by two witnesses militates directly against Sir Thomas ; and this sentence is much of a kin with Blackwood’s, and others we have heard of. June 4th, Mr Robert Fergusson’s process comes on ; and Mr West and Burn’s declar¬ ations, printed in Sprat’s History of the Plot, and elsewhere, are all the proof against him, and he is sentenced as above. No doubt, he deserved the sentence much more clearly than any of the pannels, and if any formed design was laid against the king and duke, he was privy to it, and none of the rest were in the least accessory. Some more of the pannels are despatched June 13th. They begin with the lord Mel¬ ville, and his dittay is read, bearing, that he gave intelligence to the rebels at Bothwell- bridge, and his accession to the plot. Both are voted relevant separatim. As to the first article, John Miller in Watershaugh depones, That the lord Melville sent him upon Satur¬ day, J uue 2 1st, with letters to Mr John W elsh and Mr David Hume, and bade him tell them, if they would lay down their arms and surrender, they would get good quarter; that the king’s army was deoamped that night, and none knew whi¬ ther they were to march, but the duke 01 Monmouth ; and that he went to the rebels’ camp, and Wishaw went three miles with him ; and that he met Cultness’ man Thomas Steel, who told him Wishaw had been at Cultness. Wishaw depones con¬ form in omnibus. And John Strang, who kept a pass for the rebels, depones, John Miller came to him at midnight, and let him see the backs of his letters. John Lockhart of Bars depones, he went with John Miller to Mrs Nasmith’s in Hamilton, and that the letters were directed to Mr Welsh, Mr Hume, and Robert Hamilton. This probation is voted good. As to the second article, for probation, commissary Monro’s, and Mr Carstairs’s depositions are adduced, and the confessions of the two Cesnocks, as agreeing with what commis¬ sary Monro said of the lord Melville. This article is also found proven. Next, Mont¬ gomery of Langshaw’s dittay is read, and his accession to the plot found proven by Monro and Carstairs’s depositions, and the Cesnocks’ confessions. They follow next that day, and their dittay is read, charging Cesnock elder with accession to Bothwell, and both of them with the plot. The advo¬ cate restricts their libel to the plot, and fox- probation, adduces commissary Monro and the gentlemen’s own confession, which was read, viz. “ That they acknowledged they were at the meeting mentioned in Monro’s deposition, and threw themselves upon the king’s mercy.” And Mr Carstairs’s deposi¬ tions were read again. The parliament found the dittay proven. The lord Mel¬ ville and Langshaw are sentenced, as the rest above, in common form ; but in Ces¬ nocks’ case, the time and place of their exe¬ cution is remitted to the king simpliciter, the commissioner having signified, he had instructions to 'spare their lives, if they would be ingenuous. After seixtence was pronounced with the usual solemnities, old Cesnock desired leave to speak a word; and, liberty being granted he said, ‘ The sentence was very weighty, and he wished 278 THE HISTORY OF THE SUFFERINGS [BOOK III. it may be noticed by all concerned ; but one tiling- weighed him more than any thing which concerned himself, and that was, that his creditors were like to suffer with him, and humbly supplicate, that his grace the commissioner might represent their condition to the king’s majesty ; for before they should be losers, he would rather be con¬ tent to starve.” June 16th, the parliament remit the rest of the persons cited before them, to the justiciary, with power to the lords to proceed as if they had been cited before them, and dispensing with their not giving a list of assize and witnesses ; and we have heard of the procedure there already. That I may give all I have met with as to these gentlemen, let me here subjoin what I have observed this year in the council- registers, concerning some of them. April 29th, I find the council order Campbell of Ardkinglass to be transported from Black¬ ness to Edinburgh, under a strong guard. This seems to have been in order to his appearance before the parliament, but I meet with no more about him. August 14th, Hay of Park is liberate, upon bond of a thousand pounds sterling, to live regu¬ larly and orderly ; but the persons I find most about are Cesnock and sir John Coch¬ ran. As to Cesnock, July 9th, a letter is read from secretary Murray, that Cesnock’s remission is to be sent next post; and, July 28th, the remission is come down, and the council order the keepers of the seals to give the remission gratis for Sir Hugh and Sir George Campbell of Cesnock ; and, September 3d, by a letter from the king, Cesnocks elder and younger, are ordered to be sent to the Bass, till his majesty’s plea¬ sure be further known. September 18th, the council write to the secretaries. “ My lords, there being a letter from the king, ordering the two Campbells of Cesnock to be sent to the Bass, notwithstanding his majesty’s remission for their lives and for¬ tunes, and the said Cesnocks being put at freedom and liberty upon the said remission, before the said letter came, they desire to know his majesty’s pleasure.” October 5tli, a return comes from the secretary, bearing, that he had received theirs, and communi¬ cated it to his majesty ; and he adds, “ I am commanded to let you know, that his ma¬ jesty is not well satisfied with the delay i that has been, in putting his pleasure con¬ cerning the two Campbells of Cesnock, in execution ; and it is now his majesty’s will, I that with all convenient diligence, you cause them to be sent under a sufficient guard to the Bass, with the necessary orders for their being detained prisoners there during his majesty’s pleasure.” According¬ ly, the council despatch an express to lieu¬ tenant-colonel Murray, for apprehending them, and bringing them in to the Bass. ' This is all 1 meet with about those gentle¬ men. And as to Sir John Cochran, August i 17th, I find the council order a party to be sent with Sir John Cochran and his son John, with John called colonel Aylief, to put them aboard the king’s yacht, to be i transported to London. We shall, in the , last section, meet with some things the council represent about Sir John, when he f is thus sent up. Thus I have given as short and distinct an account, of this remarkable criminal process before the parliament, as I could, mostly from the written minutes before spoken of ; and we shall meet with an act annexing their lands to the crown, before < we end this section ; but I return again to the detail of their acts, which concern the subject matter of this work. Upon the 13th of May, where we left, the parliament ratify the processes of for¬ feiture against Robert Hamilton of Monk- land, Mr Robert Bailie of Jerviswood, and Archibald late earl of Argyle. We have seen, these were three of the most iniqui¬ tous sentences pronounced by the justiciary ; and had not the witnesses failed in Cesnock’s process, we should have had all the unjust interlocutors upon that head ratified this day likewise, in all probability. May 22d, by their 17th act for taking the oath of allegiance, the parliament ratify all done by the council, justiciary, and such who were commissionate by them, in ban¬ ishing, imprisoning, and fining such as refused the oath of allegiance, and the as¬ sertion of the royal prerogative, above inserted in this history; and ordain all subjects to assert and swear the same, when required by the council, justiciary, or such as are commissionate by them, under CHAP. IX.J OF THE CHURCH OF SCOTLAND. ^79 the pains of banishment, imprisonment, or any other punishment determined by the foresaid courts, not reaching to life or limb. Though this be an indemnity to the man¬ agers for what is past, yet to me it appears to leave a tash upon the former bloody pro¬ cedure of those courts, where, as hath been observed, severals were condemned to death on this head; and indeed this was the case of the most part of poor country people. However, the voters of this act bring upon themselves all the innocent blood shed by those iniquitous sentences, and multitudes died on this score, and many at sea, and in their banishments. Tuesday, June 2d, the parliament, by their act 23d, ratify the opinion of the lords of council and session, November 22d last, mentioned before ; the act being singular and short, shall be insert here. “ Our sov¬ ereign lord, with advice and consent of the estates of parliament, ratifies, approves, and confirms an opinion given by the lords of council and session, upon the day of No¬ vember 1684, whereby they find, that any of his majesty’s subjects, being questioned by his majesty’s judges or commissioners, if they own a late traitorous proclamation, in so far as it declares war against his sacred majesty, and asserts that it is lawful to kill such as serve his majesty, or who shall not disown the same, are thereby guilty of high trea¬ son, and are art and part of the same trea¬ sonable declaration ; and also ratifies, ap¬ proves, and confirms all the processes of treason led, or to be led thereupon in time coming.” Reflections have been made up¬ on this subject above. This parliament seems to be tied down to approve every thing done of late, by the managers at Edinburgh, and to make laws of their prac¬ tice, and to be sharers with them in their guilt. What an unreasonable thing was it, brevi manu to make every one guilty of high treason, who would not instantly dis¬ own that declaration, and perhaps had never seen it, or when they heard it did not understand it ? which, I am persuaded, was the case of several who were at this time butchered. However, as the parlia¬ ment, so far as I observe in their act, do not resume the opinion of the lords of coun¬ cil and session, upon which the council’s [ act is founded ; so they seem in their approbation to restrict the council’s ' act to processes, and a formal indictment, as the lawyers had done. And even here they do not approve of the orders given for shooting in the fields, above narrated. That was a little too gross, to be swallowed even by such a parliament as this. At this time, the clergy could scarce be satisfied with any methods could be thought on for bearing down nonconformity. We have seen the bloody laws already made, and the execution of them put in the hand of the justices of peace ; but a new way is yet fallen upon, in which they may with some more ease, vent their spite and malice, against such who could not join with them; and we need not doubt but the parliament will fall in with every thing which comes from them; and so, by their 24th act, June 2d, for regularity, which I have insert at the foot of the page,* they ordain, that * Act for regularity, June 2 d, 1685. Our sovereign lord, with advice and consent of the estates convened in parliament, does statute and ordain, that all masters, whether heritors, liferenters, proper wadsetters, tutors, tacksmen, donators of wards or liferents, shall in all time coming, insert in all tacks to be set by them to their tenants, as well in burgh as landward, an express clause, whereby the tenant shall oblige himself, that he, his family, cottars, and servants, shall live peaceably and regularly, free of all fanatical disorders, under the pain of the tenant, cottar, or servant contravening, their losing the half of their moveables respective, each for their own fault ; and where there is no written tack, that all the tenants shall enact themselves in the masters’ court-book, or in the town court- books within burg'n, or give bond to that effect, and in the tenor foresaid. Which enrolment of court is to be subscribed by the tenant, or if he cannot write, by the clerk of the court in his name ; and if the master, or any of the persons foresaid shall fail herein, they shall pay a year’s rent of the lands set otherwise, a third part whereof to the discoverer, if he prove the same, and two parts to the king’s majesty : and all masters and others foresaid, who have lands al¬ ready set in tack, without the said clauses, are hereby ordained to renew the same, and insert the said clauses in them, betwixt and Whitsun¬ day, one thousand six hundred eighty and six, or to take an obligement apart from the tenant, bearing these clauses, otherwise to remove sum¬ marily such tenants as refuse to accept them on the said conditions, notwithstanding of any former tacks, which in this case are hereby de¬ clared void and null ; and in case the tenants will not immediately remove, that the master may commit them to prison. And it is hereby statute and ordained, that if any tenant shall re¬ fuse to renew his tack, enact himself, or give bond in the terms foresaid, he shall be liable to eso THE HISTORY OK THE SUFFERINGS [BOOK III. tenants be obliged by their tacks to ' live regularly. This act had a double advantage. It would bring heritors and gentlemen, who were any way favourably affected to the presbyterian establishment, to new hardships ; and likewise, it would afford a short way for the curate or his sub¬ stitute, to raise processes before auy court. The reader will observe, that in the act each tenant obliges himself, his family, cot¬ tars, and servants, shall live regularly, free of all fanatical disorders, under pain of half their moveables ; and if the master fail in taking such tacks, he shall be fined in a year’s rent of the lands. And all former tacks without this clause in them, are to be renewed ; and if tenants refuse to renew their tack in this form, they shall pay to their master a year’s rent. This is plain and short work, and I wonder it was not fallen upon before this time, when they were racking their heads upon methods for securing conformity. Masters are both threatened and bribed to fall in Avith the clergy and government, in harassing the poor country for mere nonconformity. How vastly do those tacks differ from those, I am well informed were in use among some excellent gentlemen in the west of Scot¬ land, particularly that eminent and religious gentleman the laird of Carlton in Garrick, about the year 1638 and afterward ? The tenants without any force, and by their own hearty consent, bound themselves in their tacks against all vice, swearing, lying, sab- bath-breaking, &c. and engaged to keep family-worship morning and evening, bear witness against, and reprove the sins of their neighbours, and the like, under such and such penalties; and these penalties were exacted strictly at every baron court, and faithfully applied for the support of the poor of the parish. By the way, I cannot but declare my opinion, that gentlemen and heritors might be singularly useful to the reformation of manners in the country, if they would fall upon joint measures, and make such tacks once customary, and see pay to his master a year’s rent of the lands set to him. And this but prejudice or derogation to all former acts of parliament, whereby mas¬ ters are obliged for their tenants, in the manner therein specilied. to the execution of them in their courts. Than which, through the divine blessing, nothing would tend more to stem the torrent of immorality, unless it be their own personal, sober, and religious walk, without which the other will be almost im¬ practicable, and, though practised, very much useless. The next, and 25th act of this parliament, ratifies and confirms that hard and severe act of council above narrated, July 8th, 1682, upon which remarks have been already made. The authority of parliament is interposed, both for the more vigorous prosecution of contraveners, and the after¬ security of the authors of such a rigorous act, in case a time of inquiry should ever happen. Indeed the managers screened themselves under the authority of this parliament, but every body saw through those fig-leaves. There were not many of the council acts, distressed the country more than this act did. Their 26th act about adjudications for fines, I leave to lawyers to consider. It appears to me rigorous enough, that when lands are adjudged for church-irregularities, and there is a competition of several dili¬ gences, the king and his donatar should be preferred to the real creditors upon the lands. This many times is not done in cases of forfeiture for perduellion itself, but lawful creditors have their real debts satisfied. But this parliament prefer the violentmg people into their church estab¬ lishment, to righteousness and equity. By the 27th act, the kingdom is secured against people coming from abroad, and a very unusual hedge and incumbrance put upon trade and business. The council had done somewhat like this before, and there¬ fore the parliament must go some further. Every master of a ship must bring all his passengers at their arrival, before the next magistrate, who is to secure them till they give such accounts of themselves as may free them from all suspicion. And the same must be done, when passengers go out of the kingdom ; and that under the pain of such fines and corporal punishment upon the master of the ship, as the council shall think fit. To make their processes for treason the CHAP. IX.] OF THE CHURCH OF SCOTLAND. 281 . more troublesome to the lieges, and easy to the persecutors, they, by their 29,th act, approve of the practice at the circuit courts, in citing persons even for treason upon , Porteous rolls, by messengers and sheriff- J officers. Whether this was disagreeable to former practice, and the very letter of some ! acts of parliament, I must leave to others. In the written minutes of this parliament I find this same sederunt, June 2d, they j ratify and approve the procedure of the council and justiciary ; and in all time coming, order all persons who refuse to abjure the Sanquhar Declaration, to be prosecuted criminally. June 4th, their act for security of the officers of state, and others, is passed, and deserves a room here, as a parliamentary evidence, that the severity of the late years was so much out of the road, that it needed an indemnity. “ Our sovereign lord con¬ sidering the great and acceptable services done to his majesty by the secret committee, his majesty’s privy council, and others his judges and officers, and being desirous to secure them for their acting and omissions in his majesty’s service, in most ample form, doth, with advice and consent of his estates of parliament, indemnify and secure all and every one of his present officers of state, the members of the secret committee, lords of privy council, and all his majesty’s judges, both civil and criminal, the officers of the army, and all others who have acted by his majesty’s commission, or by com¬ mission from his privy council, against all pursuits or complaints, that can be raised against them any manner of way, for their actings in his majesty’s service ; as likewise for their omissions, and wherein they have fallen short of their duty, and that as fully as if every particular crime or misdemeanor were particularly specified in a remission under his majesty’s great seal, or contained in an act of indemnity ; requiring all his majesty’s judges to interpret this indemnity in the most favourable sense, as they will be answerable.” One cannot but observe here, the power and stings of an evil conscience. The managers were, most of them, in places of trust, and had the execu¬ tion of the laws in their own hand, and at present were in no hazard from men. They IV. had got the most and worst part ^ of their actings already approven by the preceding acts of parliament, yet they must have a .general parliamentary pardon. I have heard of people now in public trust, who had remissions from the sovereign in their pockets, in case of after- inquiries. And it hath been said, most part of the present managers had papers of this nature in their keeping, how truly I cannot say; but this is the first instance I have met with, of a standing blot recorded in the laws of a nation, by a set of people upon themselves. And I hope this may be a good apology for me, if any harsh expres¬ sions have dropt in my account of them. But however, by this they may have escaped i judgment from men, most part of them by this time have felt, that this indemnity is useless at a higher and more awful tri¬ bunal ; where, if repentance and faith in the propitiating blood have not intervened, they have not escaped the righteous judg¬ ment of God. Passing the bitter and violent address of this parliament, against the good earl of Argyle, and the ‘ act of annexation’ of his estate, till they come in upon the next section, I come to their ‘act for the clergy,’ June 13th. It ratifies all the former acts, particularly those mentioned under the last reign, in their favours ; and not only ordains, that the assassinators and murderers of bishops and ministers, should be punished, wrhich is highly reasonable, but ordains the parishioners where the attempt is made, to pay such sums to their wives and heirs, as the council shall think fit, which looks like a punishing of the innocent with the guilty. Yea, this act makes the attempt to break or rob the houses of the clergy, death to the invader. Before the restoration, ana since the re volution, presbyterian ministers requir¬ ed no such acts. I shall only notice, that a Christian and ministerial carriage, and suitable management of the ministerial work among a people, is a better hedge than twenty such severe clauses. At the close, all the former acts in favours of bish¬ ops and archbishops, and the government of the church by them, are ratified in the general. There was no difficulty in this, 2 N 282 THE HISTORY OF THE SUFFERINGS [ROOK III. neither was it any bar in the way of the projected design of introduc¬ ing popery, to which in Scotland prelacy still led the way. By the 40th act of this parliament, “ The lands of Sir John Cochran of Ochiltree, Sir Patrick Hume of Polwart, Thomas Stuart of Cultness, Pringle of Torwoodlee, George late lord Melville, David Mont¬ gomery of Langsliaw, Sir Hugh Campbell of Cesnock, Sir George Campbell younger of Cesnock, Mr Robert Martin, Walter late earl of Tarras, Mr Robert Bailie of Jervis- wood, Thomas Kennedy of Grange, John Porterfield of Duchal, Mr William and Alexander Gordons, late of Earlston, James Gordon younger of Craighen, are for ever annexed to the crown, not to be dissolved from it but by parliament, and that not upon general narrati ves, but particular causes and services to be specified, that it may appear the same is not granted upon impor¬ tunity, or upon private suggestions, but for true, just, and reasonable causes of public concern.” All these worthy persons, I think, have had a room in the former part of this history, and I say no more of them, but that they had justice done them after the revolution. This annexation, with such solemnity, to the crown, was by peo¬ ple, who knew matters, reckoned grimace and farce, and upon the matter their es¬ tates were already in the hauds of the chief managers of the persecution ; and in the very next parliament, we shall find disso¬ lutions of several of them made, upon no considerations of public concernment, but to gratify particular persons who had been active in the present measures, and w ere favourites, and made use of to corrupt people into the plot against the protestant religion. And it is certain enough the rents of all of them, and multitudes of others forfeited, were one way or other running to the private use of favourites. I find there was an act proposed in this parliament, for taking away the act requir¬ ing the oaths from advocates, clerks, and writers, but it was delayed by a vote, and dropt. And June 16th, the parliament was adjourned to the last Tuesday of October, and afterward to April next year, then we shall meet with the last session of parliament in this reign. And the commis¬ sioner in the king’s name, thanked them for their loyalty and pains. Thus I have given as short and distinct an account as I could, from the printed acts, of the procedure of this parliament, and added an abstract of their criminal proce¬ dure, against the worthy gentlemen and others abovenamed, from the foresaid writ¬ ten account and minutes. From the begin¬ ning to the end, their great scope wras to exalt the prerogative of a popish prince, to approve the most severe and unaccountable procedure of the managers, further to load and burden the kingdom with cess and taxes, during the king’s life, that there might be as little use for any more meetings of this nature as possible ; and indeed, had it not been to essay the rescinding of the penal statutes against the king’s friends, probably we had had no more parliaments : and lastly, to increase hardships upon the sufferers, and pave the way for popery, the first free parliament we had, did cass what was now done. Let me come now to give some account of the attempt of the noble earl of Argyle, to rescue his country from those evils. SECT. IX. Of the unsuccessful attempt of the earl of Argyle, May, 1685, to rescue the nation and church from the burdens they were under, with some account of his tailing, trial, and martyrdom. Hitherto I have seen no satisfying ac¬ count of this unsuccessful essay, to recover the religion and liberties of Scotland, by the earl of Argyle. There is a printed let¬ ter, of the date January 1686, ‘giving a short, but true account of the earl of Ar- gyle’s Invasion, in the year 1685.’ It is published in Holland, and the style is such, or the print so incorrect, that in some places it is hard to make sense and gram¬ mar of it. I have just now before me some short hints, probably designed as materials, from which an account of the earl’s attempt ivas to be given, with a letter from his lord- ship to Madam Smith at London. My copy OF THE CHURCH OF SCOTLAND. 283 CHAP. IX. j was taken from the papers the earl wrote with his own hand, or dictated in prison. Those hints are evidently unfinished ; but as to a plain narrative, and the most consi¬ derable facts, they are the best account I have seen of this matter. From both these, especially the last, and some papers more common, I shall endeavour to form as clear a narrative of this matter as I can, till some better hand, from more distinct materials, shall let us in further to it. We heard before, the earl got safe to London, after his escape from Edinburgh castle, and was entertained sometimes in the country, and oft in the city by Madam Smith. The king was not ignorant of his being in the city, and very great offers were made in his name to the earl, if he would fall in with the ruining measures then on foot, for establishing popery and arbitrary power ; but this good and gallant nobleman, would neither be cajoled nor corrupted from his duty ; and finding him¬ self unsafe in England, he retired to Hol¬ land, where the earl of Shaftsbury and the duke of Monmouth were before him. From several persons who were Avitnesses to the earl of Argyle’s conversation in Holland, I am assured, that his walk was singularly pious and religious. If he wanted those undeniable evidences of pure religion and undefiled, in his first years, which I cannot determine ; yet now, especially after his escape, he gave undoubted proofs of his be¬ ing not only what he had still appeared to be, a firm protestant and steady patriot, but likewise an extraordinary Christian. He spent much time in private religious exer¬ cises, and preparation for death, which he reckoned not to be far off. He was a close searcher of the Scriptures, pleasant and prudent in his conversation, and frequently checked looseness in principles, and jesting with sacred things, which were but too common at this time. During king Charles’ life, the earl of Shaftsbury made several proposals of doing somewhat to put a stop to the duke of York’s measures, and the earl of Argyle was once, and but once, in conversation with him. When finding Shaftsbury to be one, who appeared to him to have some¬ what personal in view, rather than any thing really for religion and liberty, i6g5 the earl declined meeting with him after that. Monmouth was not forward to do any thing during his father’s life; but when he was dead, and that in so very suspicious a manner, he, with the banished noblemen from Britain, thought it high time to bestir themselves, judging things now come to a crisis, by the accession of a bigotted papist to the throne, and all like to go as Rome would have it. Ac¬ cordingly, in the end of February, in March and April, there were several meet¬ ings kept in Holland ; and an invasion was resolved upon as necessary. The duke of Monmouth with the English refugees, were to land in England, and the earl of Argyle, with the Scots people, were to essay to land in Scotland ; and it was agreed, that both should be as much as possible about the same time. The duke of Monmouth s at¬ tempt I shall wholly leave to the English historians, and confine myself to the earl s design upon Scotland. 1 have before me the minutes of a meet¬ ing of our Scots people at Amsterdam, April 1 7th, O. S. this year, and the reader will desire to have them here. There were present the earl of Argyle, Mr Charles Campbell his son, Sir John Cochran of Ochiltree, Sir Patrick Hume of Polwart, George Pringle of Torwoodlee, William Denholm of Westshiels, George Hume of Bassindean, John Cochran of Waterside, Mr George Wisheart, William Clellan, James Stuart advocate, and Mr Gilbert Elliot. Sir John Cochran was elected preses pro hac vice. They unanimously resolve, “ That the abovenamed persons, and other gentlemen of the kingdom of Scotland, joining with them in a great un¬ dertaking, intended by them in the defence, and for the recovery of the religion, rights, and liberties of the kingdom of Scotland, shall assume and take upon them the quality and character of a council, for consulting and determining whatsoever relates to that great undertaking, and management there¬ of; and that so soon as they come to Scot¬ land, such of the nation as shall join them¬ selves to them in the prosecution of the said undertaking, shall likewise have access unto, and be joined in the foresaid council. 234 THE HISTORY OF THE SUFFERINGS [ROOK III The persons foresaid, in the character and quality above expressed, do re¬ solve to make war to the effect abo vemention- ed, against James Duke of Albany and York, and such as shall adhere to him ; and for the command and conduct of the army they shall be able to gather together, they did unan¬ imously choose and appoint Archibald earl of Argyle, to the office of captain-general, with as full and ample power as any cap¬ tain-general is ordinarily in use to have from any free state in Europe, They elect¬ ed and nominated Mr William Spence their clerk, and recommend it to the said James Stuart, to perfect the declaration of war they design to publish, and that against Monday next. It is resolved, that Mr Wil¬ liam Yeitch, Mr George Barclay, and William Clelland, be despatched to Scotland, and instructed for that effect ; and that the earl of Argyle, Sir John Cochran, Sir Pat¬ rick Hume, George Pringle, and William Denholm, meet to morrow at the earl’s chamber, at eight of the clock in the morn¬ ing, to expede their instructions, and ad¬ journ their meeting till Monday at eight of the clock at night, to Sir John Cochran’s chamber.” No doubt they met at the time concerted, though I have seen no more of the minutes of their procedure, and I reckon then they agreed to the draught of their declaration, which shall in its own room be inserted. Probably after that, they did not often meet, for the time agreed upon betwixt them and the duke of Monmouth and his company, was now hasting on. I find Mr Barclay, and William (afterwards lieutenant-colonel) Clellan, were in Scotland before the earl came over, and no doubt kept by their in¬ structions. Upon the 1st of May, the earl and his friends left Holland, with a very few ships, and a considerable number of arms. The money expended on these, was mostly rais¬ ed on the earl’s credit. The duke of Mon¬ mouth, with the English gentlemen, had faithfully engaged not to stay above tea days after them in Holland ; but it was a month before they landed in England. Whether this was done of design, or neces¬ sarily, I do not determine. It was rumour¬ ed, that this delay was advised, that the English forces might be poured down upon Scotland, and their game thus be the easier in England. However, it is certain, the duke of Monmouth was extremely concern¬ ed when the earl’s party was broke, and the earl himself taken ; and indeed his in¬ terest could not have met with a sorer dash. It is plain, the English not keeping to the terms of agreement, tended much to height¬ en the earl’s malheurs, and to the ruin of both The court of England had a very exact and particular information of the number, force, and designs of the earl’s little squad¬ ron, before they came off. And notice ac¬ cordingly was given to the managers in Scotland to be upon their guard. Their touching at Orkney did further alarm Scot¬ land ; and so much had the late imposed oaths corrupted the generality, and so great was the influence of the managers, that there appeared a very general opposition against the earl’s attempt ; and such was the consternation and terror upon friends, and so far were they sunk by long oppres¬ sion, that at best they were silent, and would not so much as correspond with such as were sent over from Holland, and a com¬ ing. In short, as the earl himself in the foresaid hints, more than once, remarks, ‘the Lord’s time was not yet come.’ The body of presbyteriaus in Scotland, were sorely broken in the place of dragoons, their ministers scattered, and the bulk of peo¬ ple, who wished well to this enterprise, were perfectly dispirited under twenty-four years’ sore sufferings. The furnace had not altogether healed the rents and breaches among them ; and the party who were in arms, wandering and hiding in the fields, too many of them were gone to those heights, which did not permit them to join with any frankness in this design, as hath been observ¬ ed; and the rest were miserably borne down, and frighted with the soldiers and militia; and most of the honest presbyterian gentle¬ men were cither in prisons, or forfeited, and so scattered, as they could do nothing in favours of the earl. And above all, the self-conceitedness, cowardice, ignorance, and miserable differences among some who were embarked in the design, spoiled all ; so it is no wonder I have a very melan- OF THE CHURCH OF SCOTLAND. 285 CHAF. IX.] clioly and sorry accouut to give of this enterprise. Before £ come to give an account of the earl’s attempt itself, I shall insert what I meet with in the council-registers relative thereunto, till the earl was seized, from which it will appear how exact their in¬ formation was. I take the appointment I find in the council-books, March 12th, to have come from some hints of a designed invasion. “ The marquis of At.hole is or¬ dered to raise five hundred Highlandmen, for securing the peace of the shire of Ar- gyle, and that they have meat and drink provided, with arms and ammunition, out of the king’s magazine.” Their informa¬ tion, it seems, has been very particular and early, for, April 28th, the council write a letter to the lords justices of Ireland, thank¬ ing them for sending down the forces to the coast, and acquainting them, that by this time they reckon the late earl of Ar- gyle is sailed with three ships. That same day they publish a proclamation, ordering all the subjects to be in readiness to assist the king in case of an invasion. And next day, April 29th, they grant a commission to the marquis of Athole, to be lord lieu¬ tenant of the shires of Argyle and Tarbert. He is ordered to march with some forces to that shire, and every place he goes through is ordained to furnish him with baggage-horses. And, May 8th, the coun¬ cil declare, that by that clause in the mar¬ quis’ commission, ‘ That he should take provisions necessary to such as were under his command,’ they understand that he may take quarters. May lltli, the council publish a proclamation, ordering out all the fencible men ; which, since it is in common form, with those at Bothwell and Pentland, needs not be insert. May 17th, letters are writ by the council to the duke of Gordon, and a great many others in the northern shires, acquainting them, that the earl of Argyle is appearing on the western islands, and appointing them to call forth the heri¬ tors. That same day William Spence and William Blackadder, are ordered to be brought south to Edinburgh. And May 19tli, all the heritors on the south side of Tay, are ordered to attend upon the king’s host. That same day, “ Lord Neil Camp¬ bell, William Cochran younger of ^ Ochiltree, the master of Melville, and Pringle younger of Torwoodlee, are re¬ quired to enter their persons within twelve hours, in the castle of Edinburgh.” This is all I have observed in the registers, till June 20th, when the earl of Argyle is or¬ dered to be brought to Edinburgh under a guard, as we shall hear. I return now to give a narrative of the earl’s attempt. At first their voyage was very promising, and in three days they were at Orkney, and happily escaped the dangerous tides there ; and under a considerable storm they were kept together, and free of the rocks, when they could neither see the coast nor their lan¬ terns, by reason of a thick mist; but next day, unhappily they found themselves on the wrong side of Orkney, and had missed the passage betwixt Orkney and Zetland ; so they were forced to put in to get pilots, not without hopes of assistance, but were disappointed. Mr Blackadder, son to Mr John Blackadder, of whom before, was sent in by the earl to get intelligence, and Mr William Spence would needs go with him, to visit an uncle of his who lived in Kirkwall, the chief town in Orkney. Both were discovered, and catclied by the old bishop there. This was a great loss, and alarmed the country very much, and notice was soon sent to the government, of the small force the earl had with him. The earl was peremptorily resolved to recover the two gentlemen, and ordered Sir Patrick Hume, with a party of fusileers, to attack the town where the bishop and they were, which might have been easily done ; but some of the company influenced the earl, and much more the masters of the ships, pretending they might lie long there, detained by contrary winds ; so the design was dropped, and only five or six prisoners seized. From Orkney the little fleet hasted away by the inside of the western islands, as the shortest course ; and had they got thither straight, they would have surprised a gentleman, Ballechan, in Isla, with four or five hundred men : but the wind calmed, and afterwards blew hard and contrary, which made them tack in to the Sound of Mull, that, if possible, the earl might touch 286 THE HISTORY OF THE SUFFERINGS [BOOK III. at Lorn, a part of his own lands. J' And if such as they expected had joined them, that country had been easily raised, and the earl in full time at Isla, to have surprisedBallechan and his party ; but they were kept back for forty-eight hours, aud missed him but by one hour. In Tobermory in Mull, they dropped anchor, and were by several rubs kept there three days which was mightily to the dis¬ advantage of their cause ; for every hour’s loss now was more than of a day at another time, and a day like a month. From Mull, they carried three hundred men with them, and waited over to Kintyre. Here they met with new disappointments, many, from whom they expected much, failed them. However, in this place they stayed some little time, and sent over some of their men to the lowlands, to prepare the west to join them. At Campbelton in Kintyre, was first published and dispersed the Declaration and Apology, &c. drawn up in Holland, as the forementioned minutes bear, by Mr Stuart that eminent lawyer, and excellent person. I have two copies of it under mine eye ; that printed at Campbelton in Kintyre, in the shire of Argyle, and the other reprinted some time after in Holland, said to be taken from a correct copy, which is inserted in a note below.* This Declaration and * Declaration of the earl of Argyle, with the noble¬ men, gentlemen, &c. 1685. They must be altogether strangers, or very little concerned in the Christian world, who (after all that the nations and churches about have seen, of the Lord’s mighty hand and stretched out arm, in the late wars betwixt king Charles I. and his people and parliaments of Scotland, England, and Ireland, against the then conspirings of popery and tyranny, to the ruin of true religion and liberty, the wonderful advancement of the gospel and kingdom of our Lord Jesus within these kingdoms, that there¬ upon ensued, with the general refreshment, joy, and security of all the protestant churches abroad, that thence redounded, and the no less rooted and firm loyalty of the same people, who, notwithstanding of their long, bloody, and fatal contendings with the father, did yet, upon reasonable, fair, and just treaties concluded with all the assurance that either religion, honour, or gratitude could promise, call back and restore Charles II. his son, to his throne and empire) are not fully convinced and satisfied, that, con¬ sidering the perpetual contradictings and coun- teraetings, of all these sacred and solemn engage- Apology the reader will find drawn with a vast deal of judgment, candour, and calm¬ ness, and it contains a most pathetical and affecting account of the present state ments, that immediately, and ever since have been practised, the whole reign of the aforesaid Charles II. (through the sinistrous and subtile influences of a wicked and popish party, now manifestly discovered) was a constant and uni¬ form courseof perjury, apostasy, and violence, be¬ gun with open rebellion against God, the re¬ scinding not only of particular laws, but by an unparalleled, most unpolitic and pernicious device of whole unexceptionable parliaments, for the space of twenty seven years preceding, notwith¬ standing both our religion and liberties were therein expressly, legally, and well provided for, and the cruel shedding of the best protestant blood, in the most unjust execution of the late marquis of Argyle, and many other worthies contrary to all law and reason, carried on by the smiting and casting out of more faithful and pious pastors, and scattering and dissipating more true flocks and followers of Christ, than was done in most of the ten primitive persecu¬ tions, and the deluging of these lands with all villanous debaucheries and abominable licen¬ tiousness, to the very profligating of conscience, morality, and common honesty from among men, and thenceforward accomplished by a most ! unrelenting persecution, and oppression of the generality of God’s people, in their consciences, persons, and estates, with vexations and rigours almost incredible, and that for no other reason, i but because they could not actively comply with these notorious perfidies, and the manifold pro¬ fanations and mischiefs wherewith they are attended. But this hellish mystery of antichristian iniquity and arbitrary tyranny, imposing upon many at home, too willing, through their love of ease, to be abused, and deluding the protes¬ tant churches abroad (in that woful and visible indifference that every where reigns) by the vain pretext of the mere notion of our courts empty and simulate protestant profession, hav¬ ing of a long time, under the late king, made most remarkable advances in the following particulars, and many more than might be enu¬ merated, all too evidently seen, and heavily felt, to need any explicit proof or demonstration — As lmo. Not only in the above-mentioned open and avowed revolting from God, by breach of sworn treaties, covenants, and coronation oaths, and slighting and despising spontaneous promises and proclamations, the overturning the very foundations of parliaments, and ran versing, at one blow, our best aud most legal establish¬ ments ; the ungrate, as well as unjust putting to death of most innocent and faithful men, upon absurd pretences, canvelled (set aside) by the laws and customs of nations, and that in the time of God’s greatest indulgence towards the authors; the desolating of the, churches, and changing of the ordinances of God, for setting up the frivolous and superstitious inventions of men, the countenancing and encouraging all vice and profanity, and the violent and grievous per¬ secuting of all conscience and conscientious men. — But next, aud more particularly, in the con¬ niving at papists their meetings and idolatrous ciiap. ix.j OF THE CHURCH OF SCOTLAND. 287 of things in Scotland, and the preceding- history will afford vouchers for many par¬ ticulars in it. It might have been expected this declaration would have much awakened masses, while, in the meantime, all protestant nonconformists are persecuted with endless severities — The raising, keeping up, and increas¬ ing of standing forces, the very bane of all civil and lawful government, and that without any other measure, save what the indigence of court luxury, and profusion did necessarily put into it — The declaring and appointing all judges and officers to enjoy their places only during plea¬ sure, on purpose to make them more supple and compliant to all their master's designs — The abu¬ sing of the great trust of calling and dissolving parliaments, the most high and necessary courts of the kingdoms, by iniquitous packing, unseasona¬ ble proroguing, pernicious discharging, and insolent baffling them at pleasure — The exalt¬ ing of the king’s supremacy, under the colour of his pretended right and power, about the exter¬ nal government and policy of the church, to an express and absolute power of enacting and statuting in all church-meetings and matters, as he, in his wisdom, shall think fit, a ready and prepared tool to bring us back, not only to popery, but to paganism — The strange perver¬ sion of the high trust of the militia, committed to his majesty expressly for the protection of good subjects, and the assistance of all our pro¬ testant friends abroad, only to the invading and oppressing, by lawless hosts of the worst, both of Highlanders and Lowlanders, in times of profound peace, the best parts of the kingdom, purposely to ruin them, because too protestant, by free quarter, and other illegal exactions, and the making war most causelessly and obstinate¬ ly against the states of the united Netherlands, our best neighbours, and the strongest bulwark of the protestant interest — The forcing of poor people, by the extreme rigours ot exorbitant finings, imprisonings, heatings, stigmatizings, spoilings, banishments, and other violences, for the simple cause of nonconformity, to take arms in their own defence, as at Pentland and Both- well-bridge, and then demeaning and executing them, what in fields, what on scaffolds, as the most desperate of traitors, and, at the same time, involving whole countries, upon the most slender and absurd pretexts of inevitable inter- communings and reset, both in their crimes and punishments — The setting up of the most violent and obnoxious of men to be ministers of the law, and packing juries and assizes most partially for their worst ends — The straining, stretching and wresting of law, not only in pre¬ judice of every one suspected to be disaffected to their evil courses, but the violation of all right, for spoiling and robbing cities and incorporations of their ancient and undoubted privileges — The transporting of freemen, as slaves, to foreign plantations, for not making faith to answer (against law) super inquirendis, as also for not delating men upon oath (according to a most impious law lately made against nonconfor¬ mists) in matters, wherein the party, put to swear, judges them to be in their duty, and without exception of his nearest relations — The arbitrary imprisonings and detaining of free sub¬ jects, without either bringing them to trial, or the kingdom, but indeed it had very little influence that way. lGbo. When they were at Mull, or coming to it, the earl sent off his son Mr Charles, and allowing them any hearing — The torturing of several persons, even five times more, of consci¬ entious nonconformists within these twenty years, than of all sorts of felons and malefactors in Scotland these hundred years bypast, and that without either just previous grounds, regarding of legal methods, or observing the measures of common humanity — The eliciting of promises of indemnity, and the public faith interposed, for that effect voluntary confessions of some, as of Mr James Mitchell, &c. and then not only re¬ tracting and disowning the promise and condi¬ tion upon oath, in face of the justice-court, but farther, witnessing the confession to the poor man’s condemnation, notwithstanding the books of council, containing the foresaid indemnity, were produced and laid open before, and at the very time of their swearing : likeas, of late, af¬ ter most cruel and exquisite tortures practised upon Mr Spence and Mr Carstairs, and a full and ample promise thereafter made them, with an act upon it, that neither they, nor their evi¬ dence should ever be made use of to their, or to any other men’s hurt, they nevertheless cause produce, and do sustain Mr Carstairs’ deposition against Bailie of Jerviswood, for an adminicle or aid to their lame and defective probations — The making men offenders, yea, traitors for words, and these true, fair, and innocent ; as the earl of Argyle for declaring before the council, after leave given, and with submission, and only for exonering his own conscience, that he believ¬ ed, the parliament intended no contradiction in the test, and therefore was willing to take it in their sense, viz. for securing the protestant reli¬ gion, and that he did not thereby mean to bind up himself from endeavouring lawfully, in church and state, what religion and loyalty might oblige and allow him to do ; for which words nevertheless he was tried and condemned as a traitor, in the loss of his life, lands and goods, and stands de facto deprived of both lands and goods, having only saved his life, in the ex¬ tremity, by a gracious providential escape— The cruel executing to the death of several hundreds within these twenty years, besides many hundreds more, that have either fallen in the fields, or been made to perish in their im¬ prisonments, or transportations, and that for the alone cause, or on the occasion of their conscien¬ tious nonconforming : and some of them (of which number several poor women) for their bare opinion about the king’s breach of trust, never before by them vented, but simply declar¬ ed upon examination, and most part of them despatched with that barbarous inhumanity, as that (after no better example than that of the bloody duke of Alva) they were, by beating of drums, hindered to speak to the people their last and dying words ; and some, of them, contrary to the perpetual custom of Scotland, and all the forms used in the Christian world, and as it it had been on design to destroy both their souls and bodies, tried, sentenced, and put to death in one day, yea, the time and hour of their death industriously concealed from them, that they might be cut off by a more mortal surprise — The 288 THE HISTORY OF THE SUFFERINGS [BOOK 111. he went ashore at the castle of Dun- staffage, with letters to his friends. Some, whom he supposed to be his friends, basely discovered all, and others were very condemning some to death, others to the boring of their tongues, and fining many in most exor¬ bitant sums, even to 100,000 pounds sterling, for calling the duke of York a papist, notwith¬ standing the notoriety of the matter to all men, and his recusancy found and declared by a grand jury, and expressly supposed by an exception in his favours, contained in an act of parliament, and that now he goes openly to the mass, and marches in solemn processions to the horror of all good protestant subjects — The loosing and exempting the king's sons and brothers, from what themselves conceived to be the best fence, and greatest security for the protestant religion — The imposing and pressing of oaths, without law, manifestly contradictory, and that by terrible menacings, violent beatings, rigorous imprison- ings, and irreligious swearings, no less barbarous than what was practised by the Spaniards in christianizing the wild Indians — The eating up of men by free quarters, or otherwise falling on them by downright violence, as driving with drawn swords, to const raiu them to hear, whom they, in their conscience, judged uusentand un¬ called curates, to the effacing of all conscience, and open scorn of God, and that pure and free religion which he only accepts — The compelling the heritors of shires to assess themselves and the free subjects within their bounds, a thing expressly denied by law to the king himself, and only reserved to parliaments — The sorning upon, harassing, and destroying the best parts of the country by four extraordinary circuits upon oue and the same subject of Bothwell-bridge, on purpose, as it were, to justify his highness’ judg¬ ment to his late majesty, that it would not be well with Scotland until the south of F'orth (the better and more substantial half of that king¬ dom) were turned to a hunting field. And to verify the late chaueellor, the earl of Aberdeen, his affirmation at the council-board, that there was not a loyal subject westward of the castle of Edinburgh — The industrious stifling, hin¬ dering, and eluding the detection of all popish plots — The shamming of mock plots upon good protestants — The suborning of witnesses, hounding out and encouraging of assassins to murder and cut the throats of honest men — And generally in the studied and constant en¬ snaring, or ruining, upon every shadow of pre¬ tence, all esteemed either fixed to the protestant interest, or well affected to their country’s liberty. This wicked mystery, we say, and conspiracy of popery and tyranny, inseparably twisted both in experience and reason in all their attempts, upon these great and mighty nations, so unani¬ mously united, aud firmly fixed in their contrary profession, rights, aud liberties, having made so great a progress by the steps above-mentioned, is iiow at length evidently disclosed, revealed, and brought to full maturity, by the most suspicious (though withal most ingrate) cutting off of the late king, as having indeed very unhappily acted all that part of which the conspirators did judge him capable — The ascending of James duke of York, a notorious apostate, and bigot papist, to backward to join. The lairds of Lochniel and Loup had letters among other gentle¬ men of the shire. The first gave Mr Charles his solemn promise to join the the throne, notwithstanding his being thrice ex¬ cluded by the commons of England ; and that he neither hath given, nor can give, without an hypocritical and damning cheat, repugnant to his profession, and contemptible to all ingenuous men, the oath and security indispensably requir¬ ed of him, before and at his entry to the govern¬ ment. Jam. VI. p. 1. c. 8 — The approaching of two parliaments both called by him, one in Scotland by his own vigilant providence, (in procuring it to be enacted in the last parliament held by him in that kingdom, that for the future, not only all members of parliament, but also all their electors should take that contradictory and irreligious oath, commonly called the test, which no man owning conscience, or caring for any religion, can possibly approve) long since pre¬ pared for all his pleasure. And the other in England packed, caballed, and returned by all the arts and methods that either fraud or in¬ justice could invent, to render it pliable to his intentions; and which no doubt he will cajole with all the fair promises, and large offers of laws, that can be desired for securing both the protestant religion and their liberties, providing they will but give money, which answers all things, aud which will as assuredly frustrate and rauverse all their vain cautions — The pur¬ suing with indefatigable malice, even without the bounds of the kingdoms, and in all foreign parts, all honest men, escaped for their lives, and that either by public addresses or private violen¬ ces, so that they are necessarily reduced to that fatal dilemma, either to do, or die — The en¬ tering into, and entertaining move close corres¬ pondences than at any time before, with popish princes and states, especially the king of France, a most notorious enemy both of the true religion and liberty of mankind — And lastly, by all that may be already seen in the changes and alterations he hath lately made, and that for hereafter may be apprehended from a false and bloody religion, always breathing forth, and practising tire and faggot, murders and mas¬ sacres, and a provoked and enraged mind, pos¬ sessing and reigning in the most determined of princes, unquestionably capable, and ready to execute all these bloody cruelties. Which things being all of them either palpable perversions, or utterly inconsistent with the true and great ends of government, rendering our commonwealth our common calamity, and him who pretends to be its protector, its most hostile enemy, and consequently importing no less than a total dissolution of all the bonds of subjection, which the rulers have first so wickedly broke and cut asunder; and the-liberating and allow¬ ing all distressed subjects, whether those already overwhelmed by, or who may justly for here¬ after fear to be involved in these miseries, that undoubted right and power, which both God and nature, with common reason, and the con¬ stant custom of all nations have given us, for recovering, defending, and maintaining our lives and liberties, and above all, the inestimable blessing of our pure religion, to the effect that the same pure religion, with our just rights and 289 CHAP. IX.] OF THE CHURCH OF SCOTLAND. earl with all the men he could raise, and that upon a day appointed; and yet most treacherously he sent by an express the earl’s letters, and probably his declara¬ tions, to the council at Edinburgh, and afterwards joined the marquis of Athole, with bis forces, at Inverary. Mr Charles used all his interest in that liberties, so valiantly asserted by our ancestors, may be by us faithfully transmitted to our posterities. We have been, and are obliged and constrained by extreme necessity, and tor com¬ mon safety (the supreme laws) to take up just and necessary arms in the name and fear of the great God, and the confidence of his mercy and assistance, for our own and our country’s relief, from the aforesaid most grievous and intoler¬ able tyrannies and oppressions, the defence and re-establishment of the true and pure Christian religion, commonly called protestant, in opposi¬ tion to that antichristian Roman religion, com¬ monly called papistical, and the recovery and re-establishment of all our just rights, liberties, and privileges, according as we stand indispensa¬ bly obliged thereto, both before God and men ; and that against the said James duke of York, and all other his accomplices, our most unnatural and wicked enemies and oppressors. Desiring in the first place to be deeply bumbled each of us before God, for our manifold sins and pro¬ vocations, especially our false-heartedness, and unsteadfastness in, and revoltings from our great and manifold engagements to him, that alone have brought upon us all these sad mis¬ chiefs, earnestly, and with our whole hearts supplicating, that he would cease from his anger, cause his face to shine upon us, and save us for his own name’s sake. And in the next place declaring, likeas we hereby expressly declare, that our sincere and single ends and designs in this our undertaking, at first, the restoring and settling of the aforesaid true, reformed, protest¬ ant religion, in its power and purity ; and with such a just comprehension of pure Christian charity, as may through the good hand of our God upon us, be truly satisfying to all that fear him, and love our Lord Jesus Christ in sincerity, renouncing and detesting as well imposings as errors, in all matters of conscience, and trusting that, after the many teaching experiences we have had, we shall be for hereafter preserved from all unhappy misunderstandings ; but rather through the spirit of truth, love, and peace, graciously led into all the paths thereof. 2 dly. The suppression and perpetual exclusion of an¬ tichristian popery, with all its idolatrous super¬ stitions and falsehoods, as also its most bitter root and offspring, prelacy, with its new and wicked head the supremacy, and all their abuses, that so not only the gospel and work of God may be revived in these lands, but also all the churches of Christ abroad thereby refreshed and strengthened. And 3 dly. the restoring of all men to their just rights and liberties, especially the recompensing of all sufferers, whether unto blood, or loss of liberty and goods, the relief of such who are in present distress, the removing of all oppression, and establishing such righteous laws and methods of government, as may be most for securing of liberty and property, with the greatest ease and equality. Which things as we purpose and hope to accomplish, only through the presence of our God with us, and his blessing upon us, so we are most willing and IV. resolved, that they be all settled and perfected by a free, full, just, and sovereign representative of all the present undertakers, and such as shall hereafter sincerely concur and take part with us ; and that in such forms and ways, as God by his good providence can only most happi¬ ly direct and conduct us unto; (leclaiing and protesting further, that since such have been, and are the manifest perfidy, treachery, and false¬ hood of our adversaries, not only in their trea¬ ties and covenants, but also in theii paidons, indemnities, and indulgences, as that they' leave no ground or tolerable assurance of faith and trust to be given to them, we will never enter into any ternis of capitulation, treaties, oi con- ditions with them, as to the great ends of this undertaking ; but on the contrary, prosecute the same with all reality, constancy, and vigour, without any separation, division, or backdraw- ing until they be perfectly and finally obtained. Upon which grounds, and for which ends abovementioned, we not only hereby most sin¬ cerely and firmly protest and declare, as in the presence of God, constantly and perpetually to adhere, to assist, and maintain one another to the uttermost, against all deadly ; but do moreover, freely and heartilyresolve and engage ourselves, to countenance and concur with all our persecuted and oppressed brethren and friends, in England and Ireland, who, from the like reasons and motives, shall be induced and stirred up to the like undertaking, for the same or the like Wherefore, we most seriously and humbly beseech and obtest, in the bowels of our Lord Jesus Christ, all that love his truth, and this our righteous cause, none excepted, though either formerly little concerned for, and favourable to us and these interests, or even still in actual opposition against us and them,^ (their sincere repentance being at all times to God most accep¬ table, and not to be better witnessed before men, than by a contrary and vigorous amendment) to come and join with us for God’s glory and gospel, our country, lives, rights, and liberties, and our posterities, and all our hope, against an apostate papist, an usurping and persecuting ty¬ rant, by the most sacred article of his religion, our mortal enemy under the pain of his own damnation, and by the fundamental and express laws of the land, Jam. VI. p. l.c. 9. and p. 20. c. 5. incapable of the meanest office within the kingdom, and in effect a declared enemy and rebel, Jam. VI. pai\ 3. c. 47. and who even by the act lately made by himself, tor paving the way to his succession, Char. II. pari. 3. chap. 2. can have no shadow of pretence to the bene¬ fit thereof, unless he first instruct himself both to be the lawful, and the immediate and nearest heir of the crown, which without satisfying the old law, Jam. VI. pari. 1. chap. S. at the same time ratified, Char. II. pari. 3. chap. 1. by swearing to embrace and maintain the true re¬ formed protestant religion, he can never possi¬ bly be, as was then distinctly understood and declared by the principal framers of that act, and 2 o “290 THE HISTORY OF THE SUFFERINGS [BOOK. Ilf. 1 „ country to convocate them ; but, ex¬ cept a hundred or two hundred volunteers he had very little success. Some pretended they did not believe the earl was come in person, otherwise he him¬ self would have come to the shire; others professed their willingness to stand and fall with the earl, but pressed he might go and fight the enemy, otherwise their fam¬ ilies lay presently at their mercy; and indeed the best of the gentlemen in the earl’s company were for this, but it was as violently opposed by others. All Mr Charles got done, was putting a garrison in the castle of Carnasory, the dwelling house of Sir Duncan Campbell of Auchin- breck, and the settling of himself with a few men in a little town belonging- to Sir Duncan, about four miles distant ; and informed his father thence of the state of the country. While the earl was at Kintyre, he had letters from Mr George Barclay, who had been sent over, as we heard, and was a considerable trustee in the Lowlands. By those he had accounts, that all possible was done, in order to dispose the country for befriending him ; but no assurances could be given of any considerable party their joining him ; that several had the matter under their consideration, but were come to no resolution. In short, all w^as but faint against his adherents and partakers, a perjured, revolted, and self-condemned generation, upon whom the Lox-d, who will not give his glory to another, hath formerly got himself a name and renown before all the nations, whom our sins only have exalted, and whose hearts can never endure, or their hands be strong, when the Lord of hosts who is on our side, and hath a perpet¬ ual indignation against all the wicked in the earth, shall arise and deal with them. And this our most earnest call and request, we con¬ fidently hope shall be the more readily heark¬ ened unto, and heartily and seriously complied with, that in the issue, through the blessing of God, it assuredly promises not only the restitu¬ tion of truth, prosperity, and glory to these long misgoverned, harassed, and disgraced nations ; but the sure defence and protection of true re¬ ligion and liberty every where, (Britain’s cer¬ tain and great interest, of late most shamefully abandoned) and even the depression of anti¬ christ, and the advancement and exaltation of the kingdom of our Lord Jesus Christ in all the earth. Let us therefore, be of good courage, and play the men for our people, and for the cause of our God : and the Lord do that which seem- eth him good. probabilities. Matters standing thus, we need not wonder the earl and his party stayed some time in Kintyre. The earl was indeed very much blamed, as losing time, and giving his enemies time to draw together an army; but necessity hath no law. And further, as was then given out, he had promised to the duke of Monmouth, to continue in some retired place of the country, till he had notice of the duke’s be¬ ing in action in England. He had likewise given assurances of raising a considerable number of men in his own shire, and we see how much he was disappointed. Scarce any of his friends there, save Sir Duncan Campbell of Auchinbreck, with about eight hundred men, joined him. Very few re¬ sorted to him while in Kintyre ; only he had one addition of about three hundred foot, and one hundred horse. Upon this small accession, he proposed to send off a west-country gentleman to the castle of Ardmillan, who declined going till some in¬ telligence came; and then he was not only willing, but rash and hasty to undertake that expedition, till, with much difficulty, the earl hindered him, having received ad¬ vices the country was full of forces, and some English frigates upon that shore. About this time the good news came, that Auchinbreck’s men were ready ; where¬ upon the earl ordered him to march with them to the Tarbet, a very centrical place, and opposite to the Lowlands ; and thither the earl came with his three companies from Isla, and three companies from Kin- tyre, commanded by colonel Aylief, Robert Elpliinston of Lapness, and major John Campbell, afterward executed at Inverary, and a troop of horse commanded by Rum- bold At the Tarbet, upon the 27th of May, the earl printed, and caused disperse his own Declaration, which I have annexed in a note.* This paper bears the reason of it * Argyle’s Declaration to his vassals. I shall not mention my case published and print¬ ed in Latin and Dutch, and more largely in English, nor need I repeat the printed Declara¬ tion, emitted by several noblemen, gentlemen, and others of both nations now in arms; but because the suffering of me and my family are therein mentioned, 1 have thought it fit for me to declare for myself, that as I go to arms, with those who have appointed me to conduct them, for no private nor personal end, and only for CHAP. IX.] OF THE CHURCH OF SCOTLAND. 29 L ia its own bosom. The earl had concurred in the former large Declaration ; but it was given out by his enemies, that he had pri¬ vate views to recover his own estate, and the lands of his neighbours. This he fully obviates, and promises to pay not only his own but his father’s debts. The other particulars the reader will find in the paper itself, and so I say no more of them. This declaration, it seems, very much dis¬ pleased the government, since they print it at full length ; whereas the former declara¬ tion is printed in some short hints, with perverting clauses insert by way of com¬ mentary, and for the refutation of it, of which some notice hath been taken. Both were published by authority. At that same place, about a thousand men joined the earl, mostly with Sir Duncan Campbell. Here the earl modelled his very small army into three regiments, which were not much above five hundred men per piece. Sir Duncan Campbell, John Aylief, and the laird of Lapness, were colonels ; major Alexander Campbell, the laird of Barbreck, and a third, were lieutenant-colonels; James Henderson, John Fullarton, and major John Campbell, were majors; and all inferior officers were at this time nominate, and this handful put in the best order might be. The earl wras fully determined to have these contained in the said Declaration, which I have concerted with them, and approven ot ; so I do claim no interest, but what 1 had before the pretended forfeiture of my family, and have sufficient right to; and that I do freely, _ and as a Christian, fully forgive all personal injuries against my person or family, to all that shall not oppose, but join and concur with us in our present undertaking, for the ends mentioned in the said Declaration ; and hereby I oblige me never to pursue them in judgment or out of judgment. And I further declare, that obtain¬ ing the quiet and peaceable possession ot what belonged to my father and myself, before the pretended forfeiture, 1 shall satisfy all debts due by my father and myself, as far as any heir or debitor can be obliged. And as my faithfulness to his late majesty and his government, has suf¬ ficiently appeared to all unbiassed persons, void of malice, so I do with grief acknowledge ray former too much complying with, and conniving at the methods have been taken to bring us to the said condition we are now in, though, God knows, never concurring to the design. I have now with God’s strength suffered patiently my unjust sentence and banishment, three years aud a half, and never offered to make any uproar or defence by arms, to disturb the peace upon my attacked Ballechan, who was lying about Inverary, waiting for the marquis of Athol and the earl of Bredalbane their coming up : this was a very reason¬ able proposal. That gentleman had but about six hundred men with him, which might have easily been given account of, and Argyleshire settled and secured, and the earl’s army at least doubled. But I find in the abovementioned paper, that Sir John Cochran and some others of his party would by no means consent to this ; but were peremptoi’y to have some hundreds of men, and half of the arms and ammunition, brought from Holland, given Sir John, and him sent to the shire of Ayr instantly : he was so peremptory, that he said, if no body would go with him, he would go alone with a corn-fork in his hand. This was not the only contradiction Sir John gave the earl, if the accounts of those times may be credited. To do every man justice, as far as my accounts afford materials in this irksome story, I am apt to think, Sir John laid too much weight upon some informa¬ tions which came from the lowlands, and promised himself a great deal more than came to pass. I have before me a letter without any date ; but I take it to be at this time, from William (afterwards lieu¬ tenant-colonel) Clellan, to Sir John, which with some other accounts of such a nature, private concern ; but the king being now dead, and the duke of York having taken off bis mask, and having abandoned and invaded our religion and liberties, resolving to enter into the govern¬ ment, and exercise it contrary to law, 1 think it not only just, but my duty to God and my country, to use my utmost endeavours to oppose and repress his usurpation and tyranny ; and therefore being assisted and furnished very nobly by several good protestants, and invited, and accompanied by severals of both nations, to lead them, I resolve, as God shall enable me, to use their assistance of all kind, toward the ends expressed in the said Declaration, I do hereby earnestly invite and obtest all honest protestants, and particularly all my friends and blood rela¬ tions, to concur with us in the said undertaking. And as I have written several letters, so having no other way fully to intimate my mind to others, I do hereby require all my vassals every where, and all within ray several jurisdictions, with the fencible men within their command, to go to arms, and to join and concur with us, according to the said Declaration, as they will be auswerable at their highest perils, and to obey the particular orders they shall receive from me from time to time. 292 THE HISTORY OF THE SUFFERINGS [BOOK III. mig ht have put an edge on Sir John’s expectations, especially in a matter he would so willingly have had true. It deserves a room here, as what at least will let us in to the activity and endeavours of that gallant gentleman, in the trust com¬ mitted to him. It follows. “ S. P. I. If you knew what hazards I have run, and travel I have been at, you would be satisfied I have not been negligent. I have turned all stones, and hope, by God’s assistance, things shall go well. The great multitudes of enemies, and the remissness of some friends, have retarded mightily. By God’s help, I hope the malecontents are gained, and begin now to act. I have this order to write in their names, that if Mr Ker be for the work of reformation, carried on from 1638 to 1648, they are for him. Let him not spare to speak them fair, and not to be any way troubled for what they may write to him. Keep you strong where you are, and keep the enemy in as great vexation as you can, till you see a beacon upon Loudon-liill. I hope in eight days or thereby all shall be in a flame. Send us intelligence to Moffat- well, if possible, where I shall have a man or woman with a knot of broad red ribbons about their right arm, to whom they shall give all their intelligence. Haste to send it. The enemies did prevent us as to horses, but we are minded to retake them. If you could frequently alarm the enemies, it would exceedingly weaken them. In short, things are brought to a probable posture.” This probability did misgive, and those termed malecontents, the society people in the south and west, fell into differences, as we heard, as to the terms upon which they would join with Argyle. But I can find nothing of their scruples as to his being against monarchy, and for a commonwealth, which is a mere reproach : and nothing was effectually done. How¬ ever, such accounts as these made some of the gentlemen stiffly oppose the earl his going to Inverary, when he had an ex¬ cellent prospect of many advantages by so doing. To determine their different senti¬ ments, a council of war was called, and there, contrary to the earl’s sentiments, it was resolved to make an invasion upon the lowlands. The earl calmly submitted, but indeed this step was mightily to their loss. At the Isle of Bute, another stop befell them ; a company of foot, and some of Rumbold’s horse, could not have boats to come up soon enough, and waiting for them, the earl was detained three days. When they arrived, the good project upon Inverary was laid aside, and the forces transported, the best way they could, to Cowal in Argyleshire, just opposite to the lowlands, whither the gentlemen would be. And Sir John Cochran, colonel El- pliinston, and major Fullarton, were sent to the lowlands. By this time the coasts were guarded, and some English frigates come up, so that Sir John durst not land in the Largs in Ayrshire, as was projected, but put in to¬ wards Greenock for intelligence, and some meal for their army. When they came within musket-shot of land, there appeared a body of horse upon the shore. Sir John having the command, ordered colonel El- phinston to essay landing with about twenty men, which was all they could land at once for want of boats ; but the thing being impracticable at that place, and the colonel’s orders being only to obey in as far as reasonable, taking this to be just the losing so many men, he flatly refused. Sir John prevailed upon major Fullarton, with about a dozen of men, to attempt to land in another place near by, which he did under the fire of the militia, and got safe ashore, and into a sort of ditch for shelter. The printed account abovenamed, bears, “ that the militia seeing them ashore, gave over firing, and the young laird of Houston, and Crawfordsburn, came up to the major, and another with him, and had some conver¬ sation, and passed their mutual words of honour, to use no hostilities till the parley was over. After they had asked some questions at the major, to his great sur¬ prise, they discharged their pistols at him, which happily missed him, and he returned his, and killed one of their horses, and wounded another. By this time some more men were landed to the major’s assistance, and those with the first party behaved so well, that the militia retired to the face of CHAP. IX.] OF THE CHURCH OF SCOTLAND. 293 a hill opposite to the ships, who fired some guns at them, which reached so near them, that they retired ; and some did not draw bridle till they came to Paisley.” This is the account given in the printed narrative before-mentioned ; I cannot insert it as certain, and have set it down as I find it. Having communicated what is above, to a worthy gentleman present at this little scuffle, he is pleased to acquaint me, “ that the heritors of Renfrewshire, formed in a troop under the lord Cochran, at the coun¬ cil’s appointment, were at this time keep¬ ing guard at Greenock. When Mr Fullar- ton landed near the kirk of Greenock, John Houston younger of that ilk, lieutenant of the troop, and Thomas Crawford of Craw- fordsburn elder, quarter-master to it, with some gentlemen in company, x-ode down towards Mr Fullarton and his men, who bad put up a signal for parley ; and Hous¬ ton having expostulated with the major on their invasion, he answered, ‘ They were come to their native country, for the pre¬ servation of the protestant religion, and liberties of their country, and it was pity such brave gentlemen should appear against them, in the service of a popish tyrant and usurper.’ Upon which Houston said he was a liar, and discharged his pistols amongst them, as did also the rest of the gentlemen with him, and the major and his men returned their fire very briskly, but did no execution ; only Houston’s horse, being of mettle, and unused with fire, threw him, but he soon remounted, and returned to the troop.” Upon their flight Sir John with the rest came ashore, and entered the town of Greenock, and en¬ deavoured to prevail with the inhabitants, to join in defence of religion and liber¬ ty. He seized about forty bolls of meal, instead of the two hundred the earl had ordered him to bring for the use of the army; and then, upon a false alarm, went off in the night, and sailed back to Cowal, and there, too late, declared it was folly to at¬ tempt the lowlands as yet, they being every where guarded with soldiers and militia. All now left to the earl, was to make the best he could in his own country ; and so he renewed his design to attempt Inverary, though now at a vast disadvantage. Accordingly, he divides his small ar¬ my, and gave the one half of it to colonel Rumbold, and sent him to guard a pass, by which the marquis of Athole might attack him ; and likewise to raise the country as much as possible : the other half he took with himself to Inverary ; but the winds being contrary six or eight days, and the English frigates being come up, he was forced to shelter his vessels under the castle ot Ellan- o-re«\ There he took out such arms and o o # ammunition as he at present stood in need of, and laid them up in the castle, which he fortified as well as in so short a time he could, and then marched by land to Invei'- ary, resolving to attack the marquis of Athole, if his ships should get up to him. He left two companies of men in the castle. Colonel Rumbold, with about five hun¬ dred men, went and seized the castle of Ardkinglass ; and when the marquis of Athole sent off a large fislier-boat full of men, to know the colonel’s numbers and strength, captain Duncanson manned out a little fishing-scout, with ten men, and chas¬ ed her within pistol-shot of the town, very much to his honour; however some regi¬ ments were ordered from Inverary, to retake the castle of Ardkinglass, But the earl, by this time, was got up with the regiments he had with him, to Rumbold ; and the enemy, finding their mistake, made a halt at the head of Loclitine. Upon which the earl himself, with five companies of foot, and two of horse, went to attack them, leaving the rest to be brought up by Sir Duncan Campbell. The marquis of Athole being apprised of this, sent off some of his men in boats, to land upon the earl’s rear, and cut off his retreat ; but Sir Duncan prevented that by his seasonable coming up. The earl with the first named companies, attacked the first body of the enemy, and entirely put them to the flight, and pursued them a good while up a steep hill, till the ground grew so disadvantageous, that he saw fit to sound a retreat. In this action he had but one man killed, and severals of the enemy were killed and wounded. Af¬ ter this advantage the earl returned to the castle of Ardkinglass, and designed next day with his little army to attack Inverary, THE HISTORY OF THE SUFFERINGS [BOOK lif. 294 where the marquis of Athole was 1 PQC 1 ‘ reckoned five thousand strong-, to be sure the earl was scarce 1 200. But unhappily the king’s frigates and men of war, at this time, were coming up pretty near the castle of Ellangreg, where the earl’s ships were ; and some of the gentlemen who would not come with the earl to Ardkinglass, and had differed with him all along, threatened to quit all and go to the lowlands : the earl, therefore, after four or five hours refreshing his men, was obliged to return to the castle of Ellan¬ greg with three companies of foot, ordering the rest, under Rumbold and Sir Duncan, to meet him at the kirk of Glendariel, if there was need; which they did. Thus a second time the earl was marred in his de¬ sign upon Inverary, when it had most pro¬ bably succeeded, though the marquis of Athole had double his numbers, since upon this small ruffle great numbers of the mar¬ quis’s men left him. In short, every thing went cross the earl’s designs, and that when just about to be happily executed. When the earl came to Ellangreg in this critical juncture, he resolved to man out four prizes he had got at sea, and thirty large cowans or fisher-boats, with the thou¬ sand men he had with him, and join his own three ships with them, and attack the men of war that w ere coming up ; but another mutiny was raised among the seamen, by those who still embarrassed the earl, so the design was entirely broke, and the earl forced into the measures of those, who, cost what it would, resolved to be at the low¬ lands. Thus the castle of Ellangreg was left to the laird of Lapness, with a sufficient garrison, and men to guard the ships, and the governor ordered, in case he was not able to hold it out, to blow up the magazine, and either to draw up the ships, so as they might be recovered, or to sink them. But two days after the earl with the forces had left them, the garrison forsook all, being, as they said, in want of provision, leaving a train of powder to blow up the castle, and neglecting the ships entirely ; and, which was worse, they left behind them the few prisoners taken at Orkney, who, being left at liberty, immediately acquainted the cap¬ tains of the frigates, who came ashore in long boats, discovered the train, and seized all. No wonder that this vexed the earl, when the garrison came up to him in his march, toward the head of the Gare-locli ; and now nothing was left him but to march into the lowlands, under a thousand disadvantages. In the way they met and defeated several of the enemy’s parties; and such of them who escaped, alarmed the country before the earl, and hastened up the regular forces, acquainting them of the road the earl had taken; so that when he crossed the water of Levin, a little above Dumbarton, he found all the king’s army and militia upon him, treble to him in number, and the earl of Dumbarton on their head. Here the earl of Argyle took up a ground, which was in¬ accessible and safe, but they could not stay in it for want of provision. By their mis¬ erable divisions they lost another opportu¬ nity here, to have fought a part of their enemies before general, cannon, or ammuni¬ tion were come up. This was pressed by the earl, but he was over-ruled. When all the king’s army was come up, and they must either do or die, the earl calls his council of war. The bulk of the gentlemen were for marching by the enemy, and let¬ ting them fall upon their rear, which, in the foresaid hints, says the earl, would have been present destruction. The earl and Aylieff were for engaging, knowing indeed they were treble their number, but that likewise they wanted not friends among them. This was violently opposed by the other side, as perfectly impracticable. Rum- bold moderated their heats, and a nijrht at- tack was agreed upon ; but the earl was again over-ruled and balked in that also ; so that it ended in a retreat to Glasgow, or Bothwell-bridge, and so towards the south. Accordingly fires were kindled, and men left with them, which took so well, that they got all pretty well betwixt the enemy and Glasgow. Several of their own num¬ ber gave them false alarms, pretending to see parties marching towards them, and such like imaginations. Sir John Cochran is charged in the printed account, as being very instrumental in discouraging the men, and pressing them to separate and flee ; how truly, I am not at this distance to determine. But it is certain enough, their guides mis¬ guided them, and carried them near four miles about, and instead of leading them to CHAP. IX.] OF THE CHURCH OF SCOTLAND. Glasgow, brought them down upon Kilpa¬ trick ; and the earl, in the forecited hints, says, he was a mile in the dark before he perceived the cheat, and could neither help it, nor persuade them to halt to draw up, so that their retreat turned to a rout. He stayed in the rear, and sent Rumbold to the van to stop them, but, says he, it was im¬ possible, and concludes, so I was left neces¬ sarily to be taken. At Kilpatrick a few of them put a militia company to flight, and, had it been possible to have rallied their scattered forces, they might have got out of the reach of the enemy ; but that was impracticable, when a good many of them¬ selves urged separating and fleeing. Sir John Cochran, Sir Patrick Hume, and some other gentlemen, went straight to Clyde, and would not so much as stay to reason the matter with my lord Ar- gyle. They were received with the fire of some of the militia horse, when they came to the other side. The laird of Lap- uess, the laird of Barbreck, with a few soldiers, coming up in another boat, fired at the militia, and obliged them to bear off with some loss, and having got ashore, they joined the rest, and were pursued for some time by two troops of militia, commanded by captain Clellan of Fasken. At length a scuffle happened near Muirdyke,* in Lochwinnoch, wherein captain Clellan and some others were killed, and the laird of Blair (other accounts make it Sir Adam Blair of Carberry,) with some others, wounded. Upon the other side, a gentle¬ man of the name of Campbell was killed, and major Henderson, and Mr Archer (of whom afterwards) was sore wounded. Having given this account of what passed since the earl’s coming from Holland, before I enter upon the earl’s personal misfortunes, let me subjoin here several other hints concerning this attempt, and particularly the encounter at Muirdyke, from a narrative come to my hand, since I wrote what is above, written by a person of good reputation, yet alive, who came over with the earl, and was present at the Muirdyke encounter. “ When we set ‘Properly “ the Muirdykes ,” the place is thus uniformly spoken of by the neighbouring in¬ habitants. — Ed. sail from Holland, we were not above three hundred men in all, but had our three ships laden with good arms and ammunition. We had a quick passage, but came to the wrong place of the king¬ dom, Orkney, where two of our men were taken. When we came about to the earl’s country, a good many Highlanders joined us. Upon notice of an English man-of- war in pursuit of us, we went down a little creek to the castle of Ellengreg, where we lodged all our arms and provisions, and built a fort on the west side of the castle, and planted some cannon, in case the fri¬ gates should come down. We left a hun¬ dred and fifty men there, and went in quest of the marquis of Athole’s men, who con¬ stantly fled from us. Thus we were taken up several days : meanwhile the frigates came down upon the castle, which our men could not defend, and were forced to quit it, laying a train to blow all up, which misgave, and all fell into the enemy’s hand. This mightily discouraged the earl, and wre left pursuing Athole’s men, and marched to the lowlands, hoping our numbers would increase. When at night we were setting our wratches, a party of the king’s troops appeared, so that, instead of getting rest, we marched all night towards Glasgow"; and after Ave had sent out for provision, Avhich we very much Avanted, the Avhole of the king’s army appeared ; so Ave dreAV up on a muir side, there being a water betAvixt us and them, being firmly resolved to fight them, though much inferior in num¬ bers ; hut they never approached us all that day. At night Ave marched off, leaving great fires in our former camp, and our leaders mistaking the Avay, led us into a moss, Avhich quite disordered us, so that though wre wrere a good army at night, there were not five hundred of us together in the morning. Our discouragements be¬ ing great, multitudes, and Rumbold, and many brave men w ho had no mind to part w’ith us, lost their way. Those who kept together came to Kilpatrick. We crossed Clyde, where was a troop of militia horse, which Sir John Cochran and Polwart soon defeated, and made them run more than a mile before they halted : so Ave sent the boat to and again, till we brought over a 296 THE HISTORY OF THE SUFFERINGS [BOOK 111. hundred and fifty men, and the earl with the rest refused to come over. On the south side of Clyde we re¬ freshed ourselves with some provision, in a gentleman’s house at the water side, which had been designed for the king’s forces, and indeed we needed it, for some of us had tasted little these three days; then we re¬ solved to march in a body south to England. But the militia troops we had chased from the water side, had got two others joined them, and came toward us, which made us alter our rout. Sir John Cochran divided us in three companies, one he commanded him¬ self, Pol wart the other, and major Hender¬ son the third. We went to attack the militia, who fled, and we saw no more of them till the afternoon. Two troops com¬ manded by captain Clellan, and my lord Ross, with some militia, came near us, who now were decreased to about seventy, and attacked us; we stood our ground, and had Mr Thomas Archer wounded. A treaty was begun, and they offered quarters, which we refused, and got into a little fold-dyke, which was a kind of defence unto us.* There they made a furious attack upon us, wherein captain Clellan was killed, and renewed their attack, wherein we were told my lord Ross wras in hazard ; and if he had not had harness, would have been killed, as several others were. We had one man killed, and two wounded ; and Sir John Cochran had two shots, which lighted on his buff-coat, and smarted much, but did not pierce it. After this, the enemy retir¬ ed a little, and compassed us round at some distance, which gave me (says the writer) opportunity to observe Mr Archer lying, w ho was extremely weakened by his bleed¬ ing. He was carried into the herd’s house, where the enemy afterward found him, and he was taken into Edinburgh. When night came, Sir John ordered us to march out from the fold wre were in, in a close body, and endeavour to force our way through them, apprehending they resolved to guard us in till some more forces should come up. But we found them retired to * The place where the battle was fought, was formerly covered with heather or bent. But now it is cultivated and intersected with fences. It is the property of Mr Caldwell of Muirdykes, parish of Loehwinnoch. — Ed. Kilmarnock, and so after staying about a day’s time together, in a tenant’s house of Sir John Cochran his father,-]- and upon hearing that the earl of Argyle was taken, Sir John dismissed us, and we separated, and shifted for ourselves the best way we could.” To return to the earl thus deserted, and almost alone, he rode about a mile in the f The ruins of Cochran-castle, gratifying to the taste of the antiquarian, were standing in this neighbourhood a few years ago. But this picturesque relic gave way to a rather too keen or rather mistaken spirit of agricultural improve¬ ment, soon after, 1910. Lord Ross conducting his troop past Cochran place (about two miles from the scene of action) seeing his grandmother the couptess of Dundonald looking from a win¬ dow, asked tauntingly, if she wished to see her son’s (Sir John) head brought home like a pH - ver ? She had indeed soon cause to lament the fate of another of her kinsmen, captain Clellan. It is said that Sir John shot him by means of a silver button from his coat, this being the only metal which was supposed competent to reach such as were superstitiously invested with the supernatural power of being proof-shot. The earl of Dundonald’s family presented a curious picture of the divided sentiments and interests of the times, and the several members of it had embraced opposite sides of the great controversy. The earl himself had derived his nobility from Charles II. and of course he was a loyal man. Ilis brother Gavin Cochran of Craigmuir mar¬ ried the sister of Clellan of Easkin in the parish of Monkland, who fell at Muirdykes. His (Dundonald’s) sister married Dunlop of House- hill a covenanter. His daughter married lord Ross, and her son fought at Muirdykes on the side of the king. His son Sir John Cochran was the distinguished commander on the other side. His grandson William Cochran of Kil¬ marnock formed an alliance with a malignant family, that namely of the marquis of Montrose. His grandaughter was the countess of Eglin- ton, whose husband, the earl, at times wavered between the parties. Another grandaughter was the spouse of the celebrated Claverbouse! This strangely mixed state of things in the coun¬ ty of Renfrew and neighbourhood may perhaps have been the cause of the rather milder form of the persecution in that part of the country. Claverhouse never visited Renfrewshire in his military capacity, and it was almost entirely exempted from the ravages of the Highland host. Our limits will not allow us to insert the more full account of the battle of Muirdykes which has since been published from the narratives of Sir P. Hume and George Brysson : but we regret this the less as our readers will find both accounts admirably combined and il¬ lustrated with many interesting notes by Dr M'Crie in his Lives of Veitch and Brysson, pp. 305 — 335. In autumn (1828), accompanied by some intelligent gentlemen of the neighbourhood, 1 surveyed the localities of Muirdykes, and not¬ withstanding the alterations on the road and otherwise, a pretty good idea may be had of the positions of the parties and the events of the battle. — Ed. CHAP. IX.] OF THE CHURCH OF SCOTLAND. road to Glasgow, accompanied only with Sir Duncan Campbell, major Fullarton, ; captain Duncanson, and his son Mr John, I and sent off Sir Duncan and the captain to make a new levy, if possible ; and after having laid down a method for correspond¬ ence, parted with them, and went to a certain house, where one lived who had been his servant some years, hoping to be safe there, but was peremptorily denied access. This forced him and the major to cross Clyde, and they went straight to the water of Inchinnin, where at the ford he was stopped by a party; whereupon the earl turned his horse, and went up the water side. Fullarton entertained the party at the water in the mean time, partly by fair, and at length with brisk language, till the earl was a little off, pretending he would not be forced or stopped. Meanwhile, a country fellow came and . told the com¬ mander of the party, that the other was not a oounti’y man, and that he had parted with his horse, and taken the water upon his foot, upon which a party was ordered up to him. This the major endeavoured to prevent, and offered rather to yield him¬ self, than that the country man his guide should be troubled. The earl was in a mean habit, and the major in good clothes. To this the commander of the party con¬ descended ; but as soon as the major was disarmed, he sent off two to take the sup¬ posed guide, contrary to agreement ; which the major seeing, railed at him, and grasp¬ ing at one of the swords, resolved either to kill or be killed. But he was soon over¬ powered, and carried away prisoner, and afterwards very wonderfully escaped, of which I want the particulars. By this time, those sent came up to the earl, and fired at him while he was in the water : he got through the water, and pre¬ sented a pocket pistol to some who met him upon the other side, but being spoiled with the water, it did not fire. One of them seeing this, cut him on the head with a broad sword. The laird of Greenock came up with another party, and immediately knew him, and seized him, and carried him in prisoner to the earl of Dumbarton, atGlasgow. The country people, when they knew it was IV. m i the earl, regretted whattheyhad done | most bitterly. This is the story ^ ! told by the printed account, but very con¬ fused and indistinct, and in some circum¬ stances I scarce find it agree with other accounts I have heard. Therefore I add the earl’s own narrative of it, from the fore- said paper so oft cited. “The way of my taking was in short, when our friends had run so far, that to follow and rally them would never do, I was past a possibility of getting to Argyleshire. I attempted to hide, but I fell from one difficulty into another, till two militia men* fell upon me, after 1 had laid by my sword to pass for a country man. I answered their challenges civilly, but at last they laid hands upon mo, one upon each side, all of us on horseback. I grappled with both, and one of them and I went to the ground ; but I got up, and rid myself of them both, bypresenting my pocket pistols. After that five came on me, and fired close at me, without touching me, and l was like to get rid of them, till they knocked me down with their swords. As soon as they knew what I was, they seemed to be much troubled, but durst not let me go.”f Thus I have brought this great and gallant nobleman again into the hands of his enemies. He was most unaccountably treated by too many, embarked with him in the design for rescuing this nation : never any enterprise he designed almost, but he was crossed in it ; and he never had any success but once, when he went over their inclinations, and left them behind him at the castle of Ellangreg. And one is al¬ most ready to say, that it had been Scot- *The clan of the Riddels have taken the honour or the disgrace of having furnished one of these two militiamen. A person of this name from Loehwinnoch within forty years ago, had gone to the Balloch fair near Dumbarton, in the capacity of a horse dealer. The Campbells from Argyleshire heard his hated name, which called up to their imaginations one of the principal murderers of their chief, and raised the latent ire which had been smothered for a hundred years, and they were preparing themselves for a feudal clau battle ; when the companions of the lowlander interposed and prevented bloodshed by a dinning device or ruse de guerre, trans¬ forming his name from Riddel to liiddet. Tradition in the country. — Ed. f The spot where Argyle was taken is marked out by a stone, which passes among the country people by the name of Argyle’s stone. — Ed. 2 P 298 THE HISTORY OF THE SUFFERINGS [ROOK III. j ^ _ land’s interest and his own, if he, and ’ those who still thwarted with him, had never met again, and that he had suffered them to go to the lowlands, as they threatened ; but this excellent patriot was but too well-natured to such unreasonable proposals as were advanced, and too ready to expose himself, rather than suffer any thing to fall in contrary to that harmony he so vehemently wished for. 1 shall shut up this lamentable narrative of this matter, with a few passages more from the hints dashed down by the earl when in prison, which will give us farther views both of the earl’s excellent and Christian temper, his sufferings, and the uneasiness he had from those who were with him. After the account of his being left and taken, he says, “ even in this 1 found many concurring providences, which said, God M ould have it so. I submit to the Lord’s providence in it, I hope all is for the good of my soul. There are some hidden ones, but I see no great party in this coun¬ try, that desire to be relieved; only my poor friends in Argyle have appeared in all Scotlaud. I Avas busy this day (those hints are written in prison a few days before his execution) treating for them, and in some hopes ; but this evening orders came, that I must die upon Monday or Tuesday, and I am to be put to torture, if I answer not all questions upon oath, yet I hope God shall support me. My wife is now ad¬ mitted to come to me, so 1 will leave off further writing at present. If my methods had been followed, in all probability the ships had been saved, and sent back, and matters continued some months, but there had been much bloodshed. God hath ordered it otherwise, and certainly best, though not to the humours of any engaged. I thank God I submit heartily to his will.” At another time he adds, “ those who M ent with me kept continual cabals, sent messengers, received intelligence by them¬ selves, acquainted me wflth but what they pleased, and M ere trepanned by spies sent out by the enemy ; and to the last hour never got me one intelligence of use, nor assured me of one man to join with me; and when they spake or sent to any, did it in their own name. Once they persuaded me, like a fool, to give a letter of trust to one they sent out, and, like the raven, he never returned. They designed sometimes to have seized some of the ships, arms, and provision, and effectually did break open, use, and embezzle what they pleased, with¬ out me. Some of them lived riotously, and spent the provisions as they pleased, so that many arms Mrere spoiled, and many lost, and provisions were spent sooner than was necessary : and, except two hundred duca- toons I left, I spent all the silver upon them, and they claimed all as their due. After the vessels were lost, they once, without my knowledge, seized all my rowing boats ; and if I had not perceived it, were running au'ay of their own accord, with as many as they could engage, even after I had undertaken my last fatal march, by their advice.” Upon another bit of paper the earl goes on, “ I say not this to accuse any, but that you may pity me, and know the providences, in bringing me to the case I am now in, were numerous and very remarkable. It tvas the hand of God, let us submit to it. We have not been thankful for former deliverances, and we have too much trusted the arm of flesh. It Mas certainly a determined counsel of God, not to deliver Scotland at this time, nor by my hand especially; I must be taken, as I was. But again, alas ! whom is there to be delivered ? I doubt not but there are some hidden ones, but the gen¬ erality have perverted their u'ay. Some frailly yielded, and sinfully persisted even to the same excess of riot. The heritors and militia Avere trusted, yet the very men Ave trusted have done us most, and, it may be, the only mischief. Of the militia who wounded and took me, some vvept, but durst not let me go. - friends were our greatest enemies, all without excep¬ tion, both to betray and destroy us ; and indeed* and were the greatest cause of our rout, and my being taken, though not designedly, I acknoAvledge, but by ignorance, cowardice, and faction.” The earl adds upon another piece of paper, “ 1 * Mr Fox is of opinion that the names here left blank Avere those of Sir John Cochran and Sir Patrick Hume; and there ij every reason to suppose him correct in his conjtcture, Fox, p- 198 _ Ed. CHAP. IX.] OF THE CHURCH OF SCOTLAND. 299 am not pleased with myself, I have so hard epithets of some of my countrymen ; seeing they are Christians, pray put it out of any account you give ; only I must acknow¬ ledge, they were not governable, and the humour you found begun, continued. Poor Rumbold was a great support to me, and a brave man, and died cliristianly. But unhappy Aylieff is still at Glasgow, he hath attempted to end himself with his pen-knife.” Those hints give a naked representation of matter of fact, and being from one of so great probity and religion as the earl, their truth cannot be questioned; they are the true springs of this business’ misgiving so miserably. They seem to be written by the earl at different times, probably as materials of an information to Madam Smith, to whom he wrote a letter, among the last things he did, which shall be just now insert, as I follow this extraordinary person to his martyrdom. The earl being taken, was carried into the town of Renfrew, and when at some refreshment there, he said (as I am certain¬ ly informed) to Thomas Crawford of Crawfordsburn, to whom he had a peculiar regard, and after his taking by the two country men at Inchinnin water, gave him a silver snuff-box as a token of his respect. “Thomas, it hath pleased providence to frown on my attempt, but remember, I tell you, ere long one shall take up this quarrel, whose shoes I am not worthy to carry, who will not miscarry in his undertaking.” From Renfrew the earl -was taken to Glas¬ gow, and from thence was carried into Edinburgh under a strong guard. By the council-registers, I find, June 20th, they order “ Archibald late earl of Argyle, to be brought alongst the long gate to the water- gate, and from thence to be carried up the street, with his hands tied behind his back, bare-headed, in the midst of captain Graham’s guards, with cocked matches, and the hangman walking before him ; that the horse guards march before and behind, and he be carried to the castle, and laid in irons.” It was debated at Edinburgh, whether to intent a new process upon this present invasion, and pass sentence upon him for it, or to execute him upon his former sen- ^ fence unrepealed. To be sure, a sen¬ tence upon the present invasion, which might soon by the present laws have been found rebellion, would have been far more equal in the eyes of many, but then it would have taken some time ; and such was the zeal of the managers, they would not seem to question the injustice of their former sen¬ tence, which every body saw iniquitous, and all the world, and I imagine, most of themselves by this time were convinced of its unrighteousness. However, to make short, work, they looked upon him as al¬ ready condemned, and proceeded, without any ceremony, to take away his life. This was the opinion of the counsellors at Edinburgh, and they had orders from court agreeable thereto, as we shall hear. Great pains were taken to bring the earl to a confession, which might involve others in the same measures they were resolved to take with him ; and as he himself signifies above, he was threatened with torture, but, as far as I can learn, they did not bring him under it. He was frequently visited by the managers, and committees of council met, and he was brought before them. And the interrogatories put to him by the council deserve a room here, from the original copy I am favoured with by a person of quality. Interrogatories for the late earl of Argyle, “Who were accessory to your making your escape out of the castle ,of Edinburgh, and who did reset you upon the road, and did furnish you horses ? Who entered into the transaction with you, at London, and elsewhere, for the thirty thousand pounds sterling which should have been transmitted from London ? Who should have managed the raising of the thousand horse upon the borders, and who, in Newcastle or Berwick, should have corresponded with you ? With whom, in Llolland, or the provinces of the low-countries, or Spanish Netherlands, or courts abroad, did you keep correspondence, and should have contributed with you, and particularly at Amsterdam ? W hat noble¬ men, officers of the army, or others in England, did correspond with you ? Who in Ireland ? and why those in England or .300 THE HISTORY OF THE SUFFERINGS [BOOK IH. Ireland rose not? What Scotsmen were concerned, or if Stairs, Salton, or James (here is a little blank in the original, which I supply not, though I take it to be Mr Stuart) were not concern¬ ed ? If it was treated that the duke of Monmouth should be king? Who was to be raised to the throne, if this king was to be laid aside ? Who was to have raised the forces in the borders and west at this time ? Why you employed Rumbold or Balfour, being assassinators, and why they went not rather with Monmouth, than came here ? If there was any design for assassinating the officers of state, or garrisons ? Were there any ships to land in Forth, Fife, or elsewhere, and if there be any ships yet to come? Who were to join you in Murray, and why you resolved to touch there ? Why Spence came to you, and what corres¬ pondences he brought ? Why you brought up your ships to Clyde, knowing the king’s frigates would block you up there ? Why were you so long in going to the west- country ? If there was any of the indulged j ministers who corresponded with you since j you came to Scotland ? and what were the names of the ministers who were Avith you ? and generally, who corresponded Avith you from Scotland, or any other place ? If William Clellan was sent by you from any part of Holland, and where he Avas sent ? and if any person be sent to Gallo way Avith arms, or what officers are sent to Galloway, or elsewhere, and what correspondence they have ? What did the sum amount to, which you got to be the fund of this Avar ?” At the end of the original paper, Avhence I transcribe those interrogatories, what follows is written by the earl’s own hand, as I am assured by the person who gave it me, and perfectly Avell knows the earl’s hand. “ This is the very principal of the interrogatories given me, Avhich lansAvered but in part, according to a paper under my hand, and signed Argyle.” This paper of the earl’s ansAvers I have not seen, which I am sorry for, and make no question hut they were candid and pru¬ dent, and every way agreeable to his ex¬ traordinary parts, quality, and piety. This is all 1 know about him in prison, till the coming of an express from court, for his execution on his former sentence, which was Avillingly obeyed by the managers. I find by the council registers, June 29th, “ the letter undenvritten, from the king, read and ordered to be recorded. J. R. Right trusty, &c. We greet you well. Whereas the late earl of Argyle is, by the providence of God, fallen into our power, it is our aa ill and pleasure, that you take all ways to know from him those things which concern our government most, as his assist- ers Avith men, arms, or money, his associates and correspondents, his designs, &c. But this must be done, so as no time may be lost in bringing him to condign punishment, by causing him to be demeaned as a traitor, Avithin the space of three days after this shall come to your hands, an account of which, Avith what he shall confess, you shall send immediately to us or our secretaries; for doing of which this shall be your war¬ rant. Whitehall, June 22d, 1685. “ Melford.” That same sederunt of council I find Avhat folloAvs in their registers. “ The lords of justiciary having referred the place and manner of the late earl of Argyle’s execu¬ tion to the council, they require them, in obedience to his majesty’s letter, to pro¬ nounce for sentence against the said earl, That to-morroAV the 30th instant, betAvixt tAvo and five of the clock in the afternoon, he shall be taken to the market-cross of Edinburgh, and shall be there beheaded, and his head thereafter affixed to the tol- booth of Edinburgh on a high pin of iron ; and that the magistrates of Edinburgh see the said sentence executed accordingly, and receive the person of the said late earl at the castle gate of Edinburgh, by twelve of the clock precisely, from Avhich they are to carry him doAvn to the laigh town coun¬ cil-house with a strong guard, Avhere they are to keep him till the ordinary time. They likewise grant Avarrant to permit eight of the earl’s friends and relations to be present on the scaffold Avith him to-mor- ioav and no more.” By the justiciary books I find they op- temperate all, and Avhatisthere folloAvs. June CHAT. IX.] OF THE CHURCH OF SCOTLAND. 301 29th, Intrat Archibald Campbell, sometimes earl of Argyle, to hear and see the time, place, and manner of execution appointed to him. “ The said day, forasmuch as by doom and sentence of forfeiture pronounced upon the 23d of December, 1681, Archibald Campbell, sometimes earl ofArgyle, as being found guilty and culpable by an assize, of the crimes of treason, leasing-making, and leasing- telling (for which he was detained in prison inthe castle of Edinburgh, but after the ver¬ dict made his escape) was decerned and ad¬ judged to be executed, to the death, and to underly the pains of treason and utter punish¬ ment appointed by the laws of this realm, when apprehended, at such a time, place, and in such a manner as his majesty in his royal pleasure should think fit to declare and appoint. Likeas, the lords of council, by their act dated June 29th, 1685, mention¬ ing that they had received a letter from his majesty, dated June 22d instant, whereby his majesty declares his will and pleasure, that Archibald late earl of Argyle shall be demeaned as a traitor, within three days after the opening of the said letter; and they considering that the lords of the justiciary having formerly referred the way, manuer, and place of his execution, to his majesty, they therefore, in obedience to his majesty’s letter, do thereby require the lord justice general, justice clerk, and com¬ missioners of the justiciary, to pronounce sentence accordingly. The lords therefore decern and adjudge the said Archibald Campbell late earl of Argyle, to be taken to the market-cross of Edinburgh, the 30th day of this instant June, 1685, and there, betwixt two and five in the afternoon, to be beheaded, and ordain his head thereafter to be affixed on the tolbooth of Edinburgh, on a high pin of iron : which was pro¬ nounced for doom.” I come now to give all I can recover, of the excellent and Christian carriage of this worthy nobleman, the two or three last days of his life ; and I form my narrative of it from accounts left by ministers and others present, one of them then waiting upon the countess; and what I give is left under their hand, and other original papers I shall insert. June 28tli, being the sabbath before his death, the earl spent it in the most spiritual and heavenly manner could be ; and indeed to him it was a prelude of the everlasting sabbatism he wras just enter¬ ing upon. His sister, the lady Lothian, came to take her leave of him, and was very much affected ; which the earl per¬ ceiving, said to her, “ I am now loosed from you, and all earthly satisfactions, and long to be with Christ, which is far better. It seemeth, the Lord thought not me fit to be an instrument in his work, but I die in the faith of it, that it will advance, and that the Lord will appear. Sister, I hear they cannot agree about the manner of my death : as to that 1 am at a point, for I have given up myself to the Lord’s disposal, and am assured of my salvation : as for my body, I care not what they do with it. Be kind to my Jeanie.” The excellent lady an¬ swered, she would, and the more for his cause ; and tears stopped her, and they parted. While in the castle, he had these remarkable expressions in conversation with a dear friend. “ My gross compliances are now sad and grievous to me, for these the Lord will not honour me to be instru¬ mental in his work ; but I desire to die in the faith of a deliverance to his church and people ; and though I will not take upon me to be a prophet, yet having strong im¬ pressions thereof upon my spirit, I doubt not but deliverance will come very suddenly, and I hope 1 shall be well. It is true, my family is low, and I have nothing to leave them, but if they seek God, they will be wonderfully seen to and provided for : and if they do not, I care not what come of them. I fear, some have eyed me too much as an instrument. Lean not to the arm of flesh.” These expressions speak for them¬ selves. The earl pretends not to prophesy, yet the secret of the Lord is with them that fear him, and was with him ; and the nearness of an outgate to poor Scotland, was very much upon the spirits of many at this juncture. His father, I may say, was our first and proto-martyr, and after, his son, and some few others, who, as we shall hear, suffered upon the same account. We have not many more sufferers to death till the deliverance come. As the noble marquis his father went first, and his blood opened, 302 THE HISTORY OF THE SUFFERINGS [BOOK III. as it were, the flood gates to a great 1685. , , & stream we have seen running-, so the sun almost closes up this river of blood, shed for our religion and holy reformation. His expressions are heroically Christian, with relation to his family and posterity, and some way prophetical ; they have in¬ deed been wonderfully seen to and pro¬ vided for, and, even as to their outward estate and grandeur, advanced to greater honour and riches than the earl or marquis had. The hundred-fold hath been in some measure given them in this life, and all the lovers of their country, religion, and liberty, will pray, that such of their seed as remain, may have it continued, and in the end have life eternal. The earl was beheaded Tuesday, June 30th. In the morning, he had, in the greatest throng of necessary avocations, much calmness and serenity of soul, yea, much joy and peace, in believing. We have observed the same with relation to his father. To one standing by him the earl said, “ I have more joy and comfort this day, than the day after I escaped out of the castle ;” and I nothing doubt but it con¬ tinued with him, until he entered into the joy of his Lord. This day he wrote, and caused others write, several letters to such as he had a peculiar concern in. I begin with that he wrote with his own hand to Madam Smith, because it gives us a very pleasent view how matters were with himself. Any body who knows the common accounts of this time, need not be informed, that this excel¬ lent gentlewoman had been extremely useful to the earl in his design, and ad¬ vanced vast sums of money for promoting it ; and this letter contains the earl’s last token of regard to her. And it follows. Edinburgh-castle, June30tb, 1685. “ Dear Madam, “ While any thing was a burden to me, your concern was, which is a cross greater than I can express; but I have, I thank God, overcome all ; and I hope God Al¬ mighty shall comfort you, and give you joy in the Holy Ghost. I was hardly used at first by those in whose hands I am, but God hath melted their hearts, and now I am very civilly used. I die upon mine old sentence, and nothing of what passed lately, is to be in public on either hand. Your name could not be concealed, and I know not what any paper taken may say, other¬ wise I have named none to their disadvan¬ tage. 1 sought liberty to send this, that you might not think I had forgot you, and I took it as a kindness to have it granted. I thank God he hath supported me wonderfully. I have fully resigned all to his holy will ; I leave this world wil¬ lingly, not for fear of trouble, but with hope of glory. This is all you can expect from me from such a place. The Lord God be with you, bless, comfort, and reward you, for all your kindness to all saints, and to “Your faithful servant, “ Argyle.” “ I pray God bless all my acquaintances with you.” Directed on the back, for Madam Smith. I am well informed, that the earl dined | this day in the castle, and was very plea¬ sant and hearty at it; and being used to sleep a little after meat, and knowing the want of it might probably discompose him for his public appearance, he retired to the closet, and laid himself down on a bed, and, for about a quarter of an hour, slept as sweetly and pleasantly as ever he had done. In the interim, one of the principal mana¬ gers came up to the castle, by orders from the council, which sat in the forenoon, to speak with the earl about somewhat or other, before he came down the street. He timed his coming so, as he reckoned the earl would be done with dinner, if he could suppose him at a formal meal, when so near his end, and so came just when the earl was asleep. The officer of state came in, and asked for the earl; his friends told his lordship, that he was taking a nap after dinner, as he used to do, and had left orders not to disturb him. This was, and, one would at first think, not without ground, reckoned a subterfuge, and he insisted to see the earl. He was assured of the truth of the thing, and, for his satisfaction, the closet door was softly opened, and he saw the earl sleeping as calmly as ever in his OF THE CHURCH OF SCOTLAND. 303 CHAP. IX.) life. Such a sight raised a storm in the bosom of the other, and he stept out of the room without speaking one word, and rather run than went out of the castle, to the lodgings of a relation of his own, in the Castle-hill, and in much confusion got into a low chamber, throwing himself over in a bed, groaning, and in no small distress. When the servants acquainted the lady of the house, she came in where he was, and seeing him in disorder, imagining it was some sudden sickness, called for a glass of sack, begging his lordship might take it. No, no, said he, that won’t help me. She insisting to know ivliat troubled him, he told her, I have been in at Argyle, and saw him sleeping as pleasantly as ever a man did, within an hour of eternity; but as for me, &c. This account 1 have from un¬ questionable hands, and it affords a charm¬ ing view of the power of religion, and a peaceful conscience in the greatest of shocks, and may let us in to the inward horror and stings of mind some of the persecutors had from an unseen hand, when they had no¬ thing to fear from men. And really, the circumstances of our martyrs were even here, more eligible than those of their burners.* The time came, when the earl must for ever leave the castle, and go out to his exe¬ cution, and he was accompanied with sever¬ al of his friends, down the street to the laigh council-house, whither he was ordered to be carried before his execution, as we have seen. Here I find the earl writing his last letter to his dear and excellent lady, which is so valuable a remain of this dying saint, that I should wrong the reader not to insert it. Edinburgh, laigh council -house. “ Dear Heart, “ As God is of himself unchangeable, so he hath been always good and gracious to me, and no place alters it ; only I acknowledge, * What a satisfactory spectacle to a philoso¬ phical mind to see the oppressor’, in the zenith of his power, envying his victim. What an ac¬ knowledgment of the superiority of virtue ! W hat an affecting and forcible testimony to the value of that peace of mind which innocence alone can confer ! Fox’s History, p. 208. —Ed. I am sometimes less capable of a due „ . . ., loan, sense of it : but now above ail my life, I thank God, I am sensible of his pre¬ sence with me, with great assurance of his favour, through Jesus Christ, and I doubt not it will continue till I be in glory. Forgive me all my faults, and now com¬ fort thyself in him, in whom only true comfort is to be found. The Lord be with thee, bless thee, and comfort thee, my dearest. Adieu. “ My dear, “ Thy faithful and loving husband, “ Argyle.” This letter, writ just as he w'as going to the scaffold, breathes such an air of solid Christian piety, affection, and the primitive temper of the first Christian martyrs, that I wish it may leave impression of the reality of religion, the excellency of Christianity, and its glorious supporting power, when all other things fail, upon the mind of the reader. And certainly it ought to do so, when we see so great a man stepping into eternity in such serenity, and admirable composure, parting with his nearest and dearest relatives, in so full assurance, and plerophory of faith. To me this cannot but be a bright proof of the earl’s conscience of his own innocence, when under a load of reproach, and just stepping out to suher, as an evil doer, by men’s sentence; and I can have no doubt, but as his cause was good, so his gracious God, whose he was, and whom he served, now gave him the first fruits of that glorious reward he was im¬ mediately to enter upon. Whether it was at this time, or some former part of this day, that he wrote the following letter to his daughter-in-law, lady Sophia Lindsay, I cannot be positive. The earl had an extraordinary value and affec¬ tion for her, and the two letters generally go together in the copies I have seen, so I am apt to think they are written at the same time. Sure it deserves a room here. “ My dear lady Sophia, “ What shall I say in this great day of the Lord, wherein, in the midst of a cloud, I find a fair sun-shine. I can wish no more for you, but that the Lord may comfort 304 THE HISTORY OF THE SUFFERINGS [ROOK III, nr you, and shine upon you as he doth 1 680. upon me, and give you that same sense of his love in staying in the world, as I have in going out of it. Adieu. “ Argyle.” “ P. S. My blessing to dear earl of Bal- carras, the Lord touch his heart, and incline him to his fear.” This day, and probably at this very time, the earl wrote a letter to another of his dear relations, lady Henrietta Campbell, sister to the former, and lady to Sir Dun¬ can Campbell of Auchinbreck.* This ex¬ cellent and singularly religious person being yet alive, should I say hut a little of what I might and could say of her, it would offend, and her excessive modesty forbids me ; and therefore, without saying more, I shall add it here. J une SOth, 1685. “ Dear1 lady Henrietta, “ I pray God sanctify and bless this lot to you. Our concerns are strangely mixed, the Lord look on them. I know all shall turn to good to them that fear God, and hope in his mercy. So 1 know you do, and that you may still do it more and more, is my wish for you. The Lord com¬ fort you. I am “ Your loving father and servant, “ Argyle.” When the earl went to the scaffold, the council allowed two ministers to wait upon him, one of their nomination, Mr Annand dean of Edinburgh, and the other of his own choice, Mr Laurence Charters, who, as we have heard, was laid aside for not taking the test, and preached for many years after the revolution. No preshy te- rian minister would they allow him, and indeed there were not many in the king¬ dom at this time, all of them being banished or on their hiding. Before they went out of the council-house, the earl in his pleasant way addressed Mr Annand, and asked him, if he thought the pope was that antichrist * Some interesting memorial sketches of this lady are to be found among the Wodrow MSS. lately discovered and lodged in the library of the Faculty of Advocates. — Ed. the scripture speaks of? Mr Annand an¬ swered, Yes, my lord, the protestant churches hold so. But, said the earl, What think you ? 1 think so too, my lord, replied Mr Annand. Then said the earl, Be sure you instruct the people so. When they were mounted the scaffold, before the earl spake any, Mr Annand addressed him to this pur¬ pose. “My lord, you are now standing upon mount Calvary, and ere long your soul must be transported out of this valley of tears, into an estate of eternal bliss and happiness; and it is your concernment to wish and pray that the Lord may carry you safe through that valley of the shadow of death, and may give his angels charge over you, to attend you and carry you safe to his own bosom, where you may be ever with himself throughout all the ages of eternity.” The earl gave a very close and reverent attention to his advices, and turn¬ ed about to Mr Charters, who spake to him to this purpose. “ My lord, your lordship is now standing upon the very last nick of your time, and I do not cpiestion but you have been busy ere now to get matters ordered aright betwixt God and you ; yet it is of your last concernment to be managing well this small moment of time that the Lord is pleased to allo\v you, aud if there be any sin unrepented for, to lay it open before God, who is ready to forgive all penitent sinners.” To this the earl answered, “It is true, Sir, I think it a duty incumbent upon me to make an acknowledgment of my sins ; and in order to that, I think this deserves the first place above the rest, that I did not set time enough apart to wrestle with God in private in behalf of his work and interest, and my own poor soul ; and likewise, that I did not worship God in my family so much as I should have done, partly because it was too much the custom of this nation to neglect so heavenly an exercise, and partly because I never looked on myself as a person very fit for such an employment, and likewise my public fail¬ ings, which are well known, and for which I have reason to be ashamed this day.” Mr Annand here struck in and said, “ My lord, you are not now to stand upon the particular enumeration of your failings and shortcomings, but you are to know, that CHAl’. IX.] OF THE CHURCH OF SCOTLAND. God is very willing and ready to pardon all penitents.” But the earl, without tak¬ ing any notice of this interruption, proceed¬ ed : “ Likewise, I have reason to bemoan this as a great fault, that I did not im¬ prove the time of my banishment, and these three years’ respite the Lord was pleased to give me, so much for his glo¬ ry, and the advancement of his work and interest, as I might have done in my sta¬ tion ; and I earnestly beg that one and all of you who see me die this day, may be¬ ware of those and the like sins, as you would not desire the like or worse punish¬ ments to be inflicted upon you ; for 1 do really look on my death as a just punish¬ ment inflicted on me by God for my sins, though undeserved at the hands of men ; and I would have thought as little to have appeared in this place some time of day after this manner, as many of you who are now satiating your eyes in beholding me : but the Lord, in his divine wisdom, hath ordered it otherwise ; and I am so far from repining and carping at his dispensations towards me, that I bless his name, and desire heartily to give him endless praise and thanks for the same.” After this he said, “ Mr Charters, will you pray ?” Mr Annand, it seems, reckoned this his due, and so prayed. In his prayer he had this expression, “ that the earl was not to look on his body as any thing else, but a litter that kept his soul from soaring on high to enjoy the company of his sweet Mediator Christ Jesus.” He said also, “ that it was very much to be regretted, that such a pillar of the church was falling this day.” 1 have heard it said, that this expression was extremely displeasing to some of the managers, and Mr Annand was reprimanded for it, either by his ordinary, or some other of the bishops. It was truth he said, and if he was sincere and serious in that part of his prayer, he might have peace in it, though it was not done permissu superiorum. My lord Argyle w as for no such commendations in public, and as soon as prayer was ended, he turned to Mr Charters, saying, Sir, why don’t you pray ? then Mr Charters prayed most fervently and seriously. After him, my lord fell down upon his knees on a cushion to pray. When he was kneeling, he IV. 305 was desired by some appointed to j, wait on him, to pray w ithin him¬ self, which he did for a considerable time, having his face covered, and hands clasped together. Whether it was now or at his first coming up to the scaffold, I know not, but, in the audience of a vast multitude, he delivered his speech to the spectators, which hath been more than once printed ; but it is so apposite, grave, and Christian, that I cannot but place it here. Earl of Argyle’ s last speech. “ Job tells us, man that is born of a woman, is of few days and full of trouble ; and I am a clear instance of it. I shall not now say any thing of my sentence, or escape about three years and a half ago, nor of the ground of my return, lest I may thereby give offence, or be tedious; only, being to end my days in your presence, I shall, in some few of my last words, assert the truth of the matter of fact, and the sincerity of my intentions and professions that are published. That I intend mainly to say now, is, to express my humble, and, I thank God, cheerful submission to his divine will, and my willingness to forgive all men, even mine enemies ; and I am heartily well satisfied, there is no more blood spilt, and I shall wish the stream of it may stop at me ; that if it please the almighty God to say, as to Zerubbabel, Zecha- riah iv. 6. ‘ Not by might, not by power, but by my Spirit, saith the Lord of hosts.’ I know, afflictions spring not out of the dust. God did wonderfully deliver me, and provide for me, and hath now, by his special providence, brought me to this place. I hope none will either insult or be stumbled at it, seeing they ought not; for God Almighty doth all well, for good and holy ends, though we do not always understand it. Love and hatred is not known by what is before us. Eccles. ix. 1, 2, 3. Afflictions are not only foretold, but promised to Christians, and are not only tolerable, but desirable. We ought to have a deep revereuce and fear of God’s dis¬ pleasure, but with all, a firm hope and depend¬ ence on him, for a blessed issue in compliance with his holy will ; for God chastens his own, to refine, and not to ruin them, whatever the world thinks. Heb. iii. 10, 12. vi. 10. xii. 2. James i. 2, 11, 12. We must not shun suffer¬ ings, we are called to them. Matth. x. 18 — 4-0. and xvi. 24, &c. We are called to imitate our Saviour in his sufferings. 1 Pet. ii. 23. and iv. 16, &c. We are neither to despise our afflictions, nor faint under them, both are ex¬ tremes. We are not to suffer our spirits to be exasperated against the instruments of our trouble, for the same affliction may be an effect of their passion, yet sent to punish us for sin ; 2 Q 306 [BOOK III. THE HISTORY OF though it is a comfort when we can say 1685. them with David, I’sal. lix. 3. ‘ Not for my transgression, nor for my sin.’ Nor are we by fraudulent pusillanimous compliance in wicked courses, to bring sin upon ourselves, (fainthearts are ordinarily false hearts) choosing sin rather than suffering, a short life with eternal death, before temporal death and a crown of glory : such seeking to save a little, lose all, and God readily hardens them to proceed to their own destruction. I know, many, like Hazael, 2 Kings viii. 13, go to excesses they never thought they were capable of. Let rulers and others seriously read and weigh Prov. i. 20, &c. 2 Chron. xxv. 6 — 16. Prov. xxiv. 10, 11, 12. and xxviii. 10. and Isa. lix. especially verse 15. and avoid what is bad, and follow what is good. For me, I hope by God’s strength to join with Job, xiii. 15, and the Psalmist, 23 Psal. 4. and to trust as Psal. cxlvii. 11. and shall pray as Psal. lxxiv. 19, &c. cxxiii. 6, &c. and Luke i. 74, 75. and shall hope as Psal. xciv. 15. I do hereby forgive all that directly or indirectly have been the cause of my being brought to this place, first or last, and pray God may forgive them. I pray God send peace and truth to these three kingdoms, and continue and increase the glorious light of the gospel, and restrain a spirit of profaneness, atheism, oppression, popery, and persecution; and restore all that have backslidden from the purity of their life or principles, and bless his whole people with all blessings, spiritual and temporal, and put an end to their present trials. I en¬ treat all present to forgive me wherein I have offended, and to concur with me, that the great, good, and merciful God would sanctify my present lot, and for Jesus Christ his sake pardon all my sins, and receive me to his ever¬ lasting glory. “It is suggested to me, that I have said nothing of the royal family, and this remembers me, that before the justices, at my trial about the test, I said, that at my death 1 would pray, that there might never want one of the royal family, to be a defender of the true ancient apostolic, catholic, and protestant faith, which I now do; and that God would enlighten and forgive all of them, that are either hid in error, or have shrunk from the profession of the truth ; and in all eveuts, I pray God may provide for the security of his church, and that Antichrist, nor the gates of hell may never prevail against it.” I need make no reflections upon this excellent speech, it is solid and judicious, and savours strong of heaven, and of one who had made the law of God his medita¬ tion, and had the word for his comfort in his affliction. When he had ended, he turned to the south side of the scaffold, and said, “ Gentlemen, I pray you do not mis- rilE SUFFERINGS construct my behaviour this day ; I freely forgive all men their wrongs and inj uries done against me, as I desire to be forgiven of God.” Mr Annand repeated these words louder to the people. Then my lord went to the north side of the scaffold, and had the same or the like expressions. Mr An¬ nand repeated them again, and said, “This nobleman dies a protestant.” The earl stepped forward again, and said, “ I die, not only a protestant, but with a heart-hatred of popery, prelacy, and all superstition whatsomever.” Then he came to the midst of the scaffold, and took leave of his friends, heartily embracing some of them in his arms, and taking others by the hand. He delivered some tokens to the lord Maitland, to be given to his lady and children : Then he stripped himself of his clothes, and de¬ livered them to his friends ; and being ready to go to the block, he desired, the execu¬ tioner might not be permitted to do his office, till he gave the sign by his hand ; and falling down on his knees upon the stool, embraced the maiden (as the instru¬ ment of beheading is called) very pleasant¬ ly ; and with great composure he said, “ It was the sweetest maiden ever he kissed, it being a mean to finish his sin and misery, and his inlet to glory, for which he long¬ ed.” And in that posture, having prayed a little space within himself, he uttered these words three times, “ Lord Jesus, receive me into thy glory,” and then gave the sign by lifting up his hand, and the executioner did his work, and his head was separated from his body. Thus died this excellent, and truly great and good man. His character is far beyond any thing can be offered by me, and I shall leave it to a better pen. This much I may venture to say, he inherited, with his blood and estate, the noble and excellent qualities of his father. I know no family in Europe of this eminency, whom the Lord hath honoured so much, as this of Argyle. Father and son indeed, in the style of the late times, were sufferers for rebellion ; but that lan¬ guage is now out of doors, and I hope ever shall ; and to all persons of consideration and reflection, they both shine brightly as martyrs for religion, liberty, and their coun¬ try. And it is beyond contradiction, the CHAP. IX.] OF THE CHURCH OF SCOTLAND. 307 Lord wonderfully owned them both, and sealed a deep sense of his own favour upon their souls ; and in such a remarkable manner carried them through their last ap¬ pearances, as enemies behoved to acknow¬ ledge God was with them, and in them, of a truth. After their death, the Lord to whom they committed their family, then very low, hath singularly appeared in its behalf. That extraordinary genius, and accomplished statesman, the earl’s son, had an eminent encomium bestowed upon him by no less a judge of men than king Wil¬ liam, and was advanced to be a duke ; and at this day (November 1715,) providence is honouring his grandchild to defend poor Scotland from the same plot of Rome and hell his grandfather essayed to break ; and I hope God will honour him effectually to dissipate that same popish and malignant party, and some of the very same persons who had a good share of the bloodshed I have been describing. The procedure of the parliament against the earl, and the desolation made upon his lands, with the trials and execution of severals, upon the score of this attempt, I shall refer to the next section, this being already so much swelled. Let me conclude with observing, that the earl was so full of composure, and the thoughts of his death were so easy to him, that the day before his execution he wrote those following soft, pleasant, and affecting lines, as his own epitaph, which deserve a place here, Thou passenger, that shalt have so much time To view my grave, and ask what was my crime : No stain of error, no black vice’s brand Was that which chased me from my native land. Love to my country, twice sentenced to die. Constrain’d my hands forgotten arms to try. More by friends’ fraud my fall proceeded hath. Than foes ; though now they thrice decreed my death. On my attempt though Providence did frown, His oppress’d people God at length shall own. Another hand by more successful speed. Shall raise the remnant, bruise the serpent’s head. Though my head fall, that is no tragic story, Since going hence 1 enter endless glory. ® This epitaph of the earl’s own composing, * ’With these lines the reader may compare those which were penned by the marquis of Montrose, in similar circumstances, as given by his biographer, bishop Wisheart, in the Appendix to the Life of that nobleman. — Ed. was turned into Latin elegiacs, by the o * J | /-» q r reverend and learned Mr William Jamison, preacher of the gospel, and histoty- lecturer in the university of Glasgow, my dear and much honoured friend ; and they having so much of the spirit of the original lines in them, I have likewise added them, with two lines of his own, which dropt from him when translating them, as a just debt he owed to this great man. And though they were written in the days of his youth, a little after the earl’s death, I am persuaded he needs not he ashamed of them in his advanced years, and after he hath favoured the world, and defended the interests of religion and the church of Scotland, by his learned and larger performances, even though blind from his infancy. Audi, liospes, quicunque venis, tumulumque revisis, Et rogitas quali crimine tinctus eram. Non me crimen habet, non me malus abstulit error, Et vitium nullum me pepulit patria. Solus amor patrice, verique immensa cupido, Dissuetaa jussit sumere tela man us. Opprimor, en J rediens, vi sola, et fraude meorum, Hostibus et ssevis victima tenia cado. Sit licet tdc noster labor irritus, baud Deus sequus Despiciet populum secula cuncta suum. Namque alius veniet fatis melioribus ortus, Qui toties ruptum fine beabit opus. Sat milii credo datum (quamvis caput ense secetur) Hinc petor eetherei lucida templa poli. Hie situs est heros indigna morte peremptus, HeuI decus liic patriae, proditur a patria. After so large accounts of this attempt, I shall not make any remarks upon the indistinct, and, in several circumstances, false narratives given of it by the English historians. I wish Mr ArchdeaconTEachard had reconsidered his narrative of the earl’s attempt, as he hath done that of his trial, and he would have found cause to acknow¬ ledge his partiality here, as well as former¬ ly. His abbreviate of the earl’s first De¬ claration, p. 750. is taken from that pub¬ lished by the earl’s enemies at Edinburgh, to expose him, and ought not to be palmed on the world as his. Multitudes of other reflections might be made, almost on every sentence Mr Eachard hath in this matter ; hut 1 hope the preceding account will set this affair in such a just light, as we shall have no more so gross misrepresentations from English writers.* * The account of Argyle’s capture and execu- 308 THE HISTORY OF THE SUFFERINGS [BOOK III. 1685. SECT. X. Of the acts of parliament against the earl of Ar gyle, the execution of Rumbold and Mr Thomas Archer , and the forfeitures and great trouble others were brought to for this unsuccessful attempt. Here I am to bring in what farther hath come to my hand, as to the earl of Argyle’s fruitless attempt for the religion and liberty of his country ; and it is but a hint I shall give of the parliament’s procedure against him, after his being taken, and the fellow- sufferers with him. Indeed it was much, considering the manner of the managers after Pentland and Bothwell, that none were executed after the earl, but worthy Mr Archer. Whether this proceeded from the small numbers that were taken, or from the change of measures and intentions hint¬ ed at before, I do not determine. The po¬ pish king, having rid himself of the earl here, and Monmouth in England, and there being few or none who resorted to them, perhaps designed to show some lenity, that people might be the better disposed to fa¬ vour the taking off the penal statutes. I begin with the procedure against the earl, by the parliament sitting when he made his attempt, and shall subjoin some¬ what about the severities used upon the shire of Argyle, and then come forward to the executions and forfeitures upon this account. The parliament made two acts with re¬ lation to my lord Argyle, their 36th and 40th acts, which are both printed, and I shall not swell the notes with them. Allow¬ ances no doubt must be made at a juncture tion has been admirably abridged by Mr Fox, in his historical work, pp. 190, &e. Without vouching for every sentiment expressed by the historian, he has certainly done ample justice to the character of the unfortunate nobleman. With regard to one or two particulars in the narrative, respecting which doubts of their ac¬ curacy may be reasonably entertained, recourse may be had to Mr Rose’s Remarks on Mr Fox’s work (section V.) Since the publication of Sir F. Hume’s Narrative by Mr Rose, there can be no doubt that the censure passed by Mr Fox on that distinguished man is misapplied ; and that Argyle, with all his excellent qualities, did not possess the capacity or the prudence requisite for such an enterprise. — Ed. when they were frighted with an invasion, yet there appears a virulence in them, which even this will not vindicate. June 11th, they pass their first act, which they term, “address against the arch traitor Archi¬ bald Campbell, sometimes earl of Argyle.” Many observes might be made upon this ad¬ dress. The character the parliamentgive their popish king ‘for extraordinary prudence, courage, and conduct,’ is not easily to be reconciled with the mad steps taken in a protestant country, during his reign. His courage and conduct may be guessed at, from the known accounts of his management after the prince of Orange’s arrival. The parliament are pleased to bestow the epithets of ‘hereditary and arch traitor’ upon the earl. I know not if their succes¬ sors, the high-fliers, would so far debase their sacred phrase of ‘ hereditary right,’ as to apply it to those they reckon traitors, though greater paradoxes have been advanc¬ ed, than to say ‘ hereditary right, ’as maintain¬ ed by them, is ‘ hereditary and continued tyranny.’ The family of Argyle may glory in, and boast of a successive, and, it they like the word, ‘ an hereditary ’ appearance for religion and liberty; but for treason, they have been all along free of it. They insist upon king Charles II. his restoring the earl after his father’s forfeiture, as an aggravation of the present attempt for his country, and his raising ‘ the family of Ar¬ gyle to a greater lustre than ever.’ Provi¬ dence hath done so indeed now after their pretended treason, but how king Charles did it, I am to seek. And as the earl was all along loyal beyond exception to that prince, and this necessary and lawful attempt was delayed till the accession of a bigotted papist to the throne, so this is a very ill argument ad hominem, under this reign ; since every body then knew it was the duke of York, who for the earl’s hearty re¬ gard to the protestant interest, and appear¬ ing for it in parliament, had meditated his ruin, and resolved upon his death at his first trial, though 1 am sure it was no personal pique for this, that moved the earl to make this essay, but his regard to Christ, and his country. The earl’s supporting the fanati¬ cal party under the last reign, does not appear, unless they mean protestants by OF THE CHURCH OF SCOTLAND. 309 CHAP. IX.] fanatics, and he himself owns his compli¬ ances with all that came about, till the test, and that with regret. It were tedious to run through all the misrepresentations in this address : and up¬ on those they found the petitory part of it, “ that the earl might find no favour,” which would be easily granted by a popish king, who had been seeking his life before lie had such a handle as now he hath ; but, be¬ forehand, and most needlessly, they will involve themselves in his blood. What follows is very agreeable to those bloody and violent times, but a little extraordi¬ nary. They beg, “ that the earl’s family, the heritors, ringleaders, and preachers who joined him should be for ever declared in¬ capable of mercy, and bearing any honours or estate in the kingdom, and all subjects discharged, under the highest pains, to in¬ tercede for them any manner of way.” This needs no remarks, it is so perfectly agreeable to the principle of rooting out of heretics. But what would have come of many of them, had they been so dealt with after their joining Cromwell, and upon other occasions I could name ! they close the address by pressing the king to inquire into the abettors of the earl abroad, with a design, in some at least, to fix this attempt upon the next protestant heir and successor, but in vain ; and shut up all with an offer of their lives and liberty in their king’s defence. By their other act, June 16th, they annex the offices belonging to the earls of Argyle, to the crown. They have a base and unjust innuendo, if I mistake it not, reflecting on the reformation itself, that the family of Argyle, in the last age as well as this, did commit execrable treason: and upon this narrative, they for ever annex the many and honourable offices that noble family ex- joyed, to the crown inseparably ; yet, the very next parliament, they are parcelled out to papists and favourites. Let me next take notice of the council’s actings after the earl’s death. July 1st, the earl’s speech, with lieutenant-general Drummond’s letter (which I have not seen) concerning the earl of Argyle’ s arms and ammunition, is ordered to be transmitted to the secretaries with the following letter. “ My Lords, _ “ His majesty’s royal letter, of the 26t,h J of June last, anent the disposing of his forces to lie in Annandale, Nithsdale, or other places nearest the town of Carlisle, on the Scottish side, until further order, was opened and read in council, and an authentic extract thereof was immediately transmitted by the clerks of council, to the earl of Dumbarton, commander-in-chief of his majesty’s forces, who will certainly see his majesty’s commands exactly obeyed : but as it is our duty to give ready obedience to all his majesty’s sacred commands, so we are bound, by our fidelity, humbly to represent what seems to be expedient for his majesty’s service, which is ofttimes more obvious to us who are near hand, than it can be at a distance. In the pre¬ sent state of affairs, we wish and hope that his majesty shall not need to withdraw the lew standing forces which are here, from this king¬ dom ; for albeit the great strength of this rebel¬ lion be broke, by the blessing of God, (and indeed it is the work of God, and not of man) yet there are none killed, and lew taken ; so that a great number of the late Argyle his ac¬ complices, are yet lurking in the country, where there are a vast number of fanatics ready lor all mischief, upon the first occasion : and their malice fancies grounds of hope on false reports of the late Monmouth’s victories, and we doubt they will conclude that the rebels are too strong, and the king too weak in England, when they perceive that these few forces are called from hence, whereupon they may be easily encouraged to rise in multitudes, and, in several places, both to ruin the country, and to cut men’s throats ; and this day we have information from my lord Dumbarton, that they are seizing horses up and down the west country, which is a great symp¬ tom of their designed rising : but it the stand¬ ing forces be rightly posted, and actively managed, it may be expected that this rebellion will be so far crushed in a short time, as to incapacitate them from rising any manner ol way. The late Argyle was beheaded yesterday, and his head ordered to be affixed on the tolbooth,that being the sentence, which was the utmost that the crime he was condemned for could bear ; and the three days appointed by his majesty’s letter, could not allow a new process, and the most part thought it unfit to have iutented a new one, although there had been time ; but his majesty’s per¬ emptory commands left no room for such con¬ siderations. Yesternight we had an account, that sir John Cochran, with his son John, (call¬ ed of Waterside) and a stranger with them, were taken lurking at the house of an uncle ot sir John’s,* but we want yet the particulars. We have sent your lordships herewith, a copy of the late Argyle’s speech, (the original, all writ * This was Gavin Cochran of Craigmuir.— Ed. 310 THE HISTORY OF THE SUFFERINGS [BOOK Ilf. 1685 w't^1 own har,d» we have; and, upon oath, he declared that he had neither di¬ rectly nor indirectly left any other speech or paper upon this occasion. Your lordships will be pleased to remember to send down the remission to the two late lairds of Cesnock, which was sent up some time ago, marked with my lord advocate’s hand. These things we desire your lordships to represent to his most sacred ma¬ jesty, whose royal commands shall be obeyed by the council, in whose name this is signified to your lordships by, “ My lords, “ Your lordships’ most humble servant, “ Perth, Cancel. I. P. D.” “ Postcript. — Receive the inclosed from general-lieutenant Drummond, giving an ac¬ count of the arms and ammunition belonging to the late earl of Argyle, and the rebels, and acquaint us with his majesty’s commands anent the disposal thereof.” This letter needs no reflections. “July 9tli, the council have a return from the secretary, signifying- theirs came by the flying packet, and the king is resolved to have the detachment of the standing forces posted near Carlisle ; that Cesnock’s remission is to y,ome next post, with his majesty’s pleasure about the arms and ammunition.” After the parliament’s procedure with the earl, when alive, we need not be sur¬ prised at the horrid barbarities committed upou his lands, had it not been done by some of his nearest, though unnatural, relations. I have heard much of the extraordinary cruelties exercised in Argyleshire, after the earl’s taking ; but being favoured with no particular accounts from thence, I can only give some general hints, contained in the forementioned printed letter. “ As soon as Athole and Breadalbin heard of the earl’s being taken, they exercised great severity upon the friends and tenants of the earl. Four or five gentlemen of the name of Campbell, alter they had gotten protection and quarter at their surrender, were sent to Athole by a very near relation of the earl’s with letters pressing earnestly their being punished as rebels. The marquis, with all (•are and diligence, caused put them to death with eighteen more. lie would have gone on in this work, had not the privy council, upon representations made to them of his barbarity, sent an express, discharging any more lives to be taken, till farther orders from them ; which, it is said, were unwillingly obeyed. Great were the severities exercised in besieging Sir Duncan Campbell’s house; and Dugall M‘Tavish of Duardary was executed in sight of the garrison there ; and many more had gone the same way, notwithstand¬ ing of the council’s orders, under pretext of taking that strength, had not these in the house, having notice of the earl’s being taken, surrendered it upon very honourable terms : notwithstanding of which, about three days after, contrary to the articles, the marquis thought fit first to plunder the house, and then to burn it. Then he harassed and plundered the whole country, for thirty miles about Inverary, which be¬ longed to the earl and his friends ; and the spoil carried away to the marquis’s lands is beyond computation. All this did not satisfy, but parties were afterwards sent to pull down houses, break mill- stones, and I burn the woods. In this last their spite was remarkable, the upper part of the timber was cut down and disposed of, and fire set to the under part, and the very roots burned : this was done both to barren and fruit-trees. Great barbarities were ex¬ ercised towards the poor women who came to look after their husbands’ goods, and the whole shire of Argyle was dreadfully de¬ populated. And when providence was pleased to send a relief to the starving people, by a remarkable take of herring, especially about Lochgoil’s head, and the poor people were making some shift to sup¬ port themselves, the marquis of Athole’s men came down upon them, and broke their boats, and burnt their nets. The government was so sensible of those ex¬ tremities, that in a short time the marquis lost his lieutenancy of this shire, and it was given to lieutenant-general Drummond.” To end this general account; notwith¬ standing the earl’s cause was most just, yet he, his family, and friends were ruined as much as lay in the managers’ power. His estate was given to strangers, his children brought to extreme necessity, his creditors defrauded of their just debts, and his friends and vassals were oppressed and harassed continually. Yea, to that height CHAP. IX.} OF THE CHURCH OF SCOTLAND. 31 l of madness did some bigots ran, that an act was a framing, to be presented to the parliament, for the utter abolishing of the name of Campbell. So high did the tide run at this time against this noble and excellent family, that the earl’s brother, that excellent person lord Neil Campbell, could have no liberty to live at his own house ; but, as we have heard, was con¬ fined at Edinburgh ; and when the act ot parliament obliged all protestant heritors to take the test, and my lord could not obtemper, he was forced to go in the haz¬ ard of his life to America, and leave his lady and family behind him. We have heard of Sir Colin Campbell of Ardkin- glass before. He was apprehended in his own house, and kept prisoner, I think, since the close of the last year, and cited in, and tried before the parliament for alleged transmitting of money for the earl’s use when abroad, entertaining Mr Thomas Forrester and some other ministers in his house. After the most exact inquiry, nothing of moment was evidently proven against him ; however his trouble continued a good while, because in principle he was against prelacy, and did not swear the test. Thus far have I abridged the above- mentioned letter. In short, the oppres¬ sions of almost all the gentlemen and her¬ itors of the name of Campbell, through the kingdom, were great, and many more than l can run through ; a few will come in from the justiciary registers ere I end this section. Generally speaking, they were heartily averse from prelacy and popery ; and consequently the managers in church and state resolved to be at them, and great numbers were forfeited. We have heard of the earl of Loudon, and Cesnock elder and younger, and we shall meet with Auchinbreck, Barbreck, Ellengreg, Otter, and others. I shall now give what I meet with in the council-registers, relative to those con¬ cerned in the earl’s attempt, leaving what is there relating to such as were before the justiciary, to be brought in after¬ wards. June 24th, the council issue a proclama¬ tion for * apprehending several traitors and fugitives,’ which 1 have annexed in a note.* The reader will perceive in it the bitter and envenomed spirit of the penner of it, against the noble patriots, who had embarked in the design of * Proclamation against traitors and fugitives, June 2itk, 1685. James, by the grace of God, king of great Bri¬ tain, France, and Ireland, defender of the faith ; to macers of our privy council, or messengers at arms, our sheriffs in that part, conjunctly and severally specially constitute, greeting : forasmuch as Archibald Campbell late earl of Argyle, (that arch and hereditary traitor) having, with some other his accomplices and associates, both of this and other nations, combined together to disturb our gov¬ ernment, and the peace and tranquillity of this our ancient kingdom, and having associated to themselves the vile and sacrilegious murderers of James late archbishop of St Andrews, and even that bloody miscreant Rumbold the maltster, who was to have imbrued his hands in the sacred blood of our dearest brother, and to have been the principal actor of that hellish tragedy, designed at the Rye in England ; they, pursu¬ ant to their traitorous and wicked plots and designs, having landed in some of our western and highland islands, and there pillaged and harassed our people for a considerable space bygone ; and now, after all their desperate en¬ deavours, it having pleased almighty God to give our forces that good success over these our enemies, as to defeat and totally rout them, many of whose chief ringleaders are now taken, and particularly the said arch traitor Archibald Campbell, Rumbold the maltster, John Aylief, called colonel Aylief, (which last, out of the terror of his atrocious guilt and despair, en¬ deavoured to kill himself after he was taken, by giving himself a wound in the belly with a knife, in the prison of our burgh at Glasgow) and many others : and whereas there are sev¬ eral of that hellish crew not yet taken, who may skulk and lurk in this our realm, with these of their party, and be sheltered by disaffected per¬ sons ; and we, being resolved to prosecute and pursue those execrable rebels and traitors, until they be apprehended and brought to condign punishment, do hereby, with advice of our privy council, require and command all our good and loving subjects, and particularly all our sheriffs and other magistrates, and the officers of our standing forces and militia, to use their utmost endeavours for apprehending the said rebels and traitors, and bringing them to justice; and for that effect, to convocate our lieges, and use all other warlike force against them. A rid for their encouragement, we hereby not only indemnify and fully pardon them of any blood, slaughter, mutilation, fire-raising, or such like inconveniences, which may fall out in this our service ; but we do hereby promise and assure any person or persons, who shall appre¬ hend the persons underwritten, dead or alive, or discover them so as they may be apprehended, the rewards following, viz. for John Cochran, sometime called Sir John Cochran of Ochiltree, Patrick Hume, sometime called Sir Patrick Hume of Polvvart, forfeited traitors, Archibald Campbell, son to the lord Neil Campbell, Charles and John Campbells sons to the said arch traitor 312 THE HISTORY OF THE SUFFERINGS [BOOK 111. recovering1 the religion and liberty IGSo. 0f Seotlaml. To blacken the earl’s expedition, they publish to the world colonel Aylieff’s design to make himself away ; which as it does not at all affect this attempt, so it might be the effect of their own severities ; and I find the fact very much questioned by persons of good sense, who lived at that time : however, personal failures of persons engaged in a good cause, do not affect the cause itself ; and it is a proof, people are reduced to their last shifts when those things are in¬ sisted upon by a government. After this preamble, rewards are offered to such who shall apprehend John Cochran of Ochiltree, Patrick Hume of Pol wart, Archibald Camp¬ bell son to lord Neil Campbell, Charles and John Campbells sons to the late earl of Argyle, Pringle of Torwoodlee, Sir Duncan Campbell of Auchinbreck, eighteen hundred merks for each. A small sum, when com¬ pared with that set on Mr John Welsh, the murderers of the archbishop, and others, long ago, and for Sir William Denholm of West-shiels, Balfour, and Fleming, murder¬ ers of the archbishop, William Clellan and David Stuart younger of Cultness, a thou¬ sand merks. The last is described by an Archibald Campbell, Pringle of Tor¬ woodlee, Sir Duncan Campbell of Auchinbreck, and each of them, the sum of eighteen hundred merks Scots money; Denholm of West- shiels, and Balfour, and Fleming, murderers and assassins of the said late arch¬ bishop of St Andrews, William Cleaveland, called captain Cleaveland, and Stuart younger of Cultness, grandchild to Sir James Stuart sometime provost of Edinburgh, and each of them, one thousand merks money foresaid ; for Wisheart master of one of the ships who came alongst with the said arch traitor Archibald Campbell, five hundred merks, and for every fanatical preacher who was with the said rebels, one thousand merks money foresaid. And we further declare, that if any of our sub¬ jects shall be so desperately wicked, as to harbour, reset, entertain, intercommune, converse, corres¬ pond with, or comfort any of the said persons, any manner of way, or shall not give intelligence of them, or shall not give their assistance against them, that they shall be holdeu, repute, treated, and demeaned as art and part of, and accessory to the said horrid crime of treason and rebellion against us, and our royal government, with the utmost severity of law. And generally, we hereby prohibit and discharge all our subjects, from harbouring, resetting, lodging, or entertain¬ ing any persons whatsoever, unless they have a pass from these authorised by our former pro¬ clamations to grant the same, as they will answer epithet, I am persuaded, he glories in, grand¬ child to Sir James Stuart sometime provost of Edinburgh ; though they designed it as a reflection on that worthy person’s memo¬ ry. And they put a thousand merks on every minister who was with Argyle; and then go on to make it treason to harbour, reset, correspond with, or comfort any of those persons. And any who shall not give intelligence of them, or assistance against them, are declared art and part of their treason, and accessory thereunto. N ot- withstanding of this severe clause, they were sheltered and harboured by many : particularly, that eminent religious lady, Eleonore Dunbar aunt to the present earl of Eglinton, did inquire diligently after the gentlemen lurking in the country, and get¬ ting notice of Sir Patrick Hume of Polwart, aud the laird of Kaitloch, she invited them to Kilwinning where she lived, and main¬ tained them for several weeks in an empty house thei’e, till they were safely conveyed to Holland. The countess of Loudon did employ a trusty servant, and sent money and other things to gentlemen lurking in the country. There was also a singularly pious woman in Irvine, Jean Bollock, who harboured David (since doctor) Dickson at their highest peril. And that this our plea¬ sure may be known to all our lieges, our will is, i and we charge you strictly and command, that incontinent, these our letters seen, ye pass to the market-cross of Edinburgh, Linlithgow, Stir¬ ling, Lanark, Ayr, Renfrew, Ifutherglcn, Glasgow, Irvine, Dumbarton, Wigton, Kirk¬ cudbright, Dumfries, Inverary, and all the other market-crosses of the head burghs of the shires of this kingdom, and there, by open proclamation, in our royal name and authority, make publica¬ tion of our pleasure in the premises. And we further hereby recommend to the right reverend our archbishops and bishops, that they cause this our royal proclamation be read from the pulpits, by the ministers of the several parishes in their dioceses, respective, upon the first Lord’s day after the same shall be delivered to them; re¬ quiring hereby all our sheriffs, to cause publish and deliver this our proclamation in manner above said, immediately after the same comes to their hands, as they will answer the contrary at their highest peril. Given under our signet, at Edinburgh, the twenty-fourth day of June, one thousand six hundred and eighty' five, and of our reign the first year. Per actum dominorum secrcti concilii. Col. Mackcnzle, Cl. Seer. Concilii- God save the king. OF THE CHURCH OF SCOTLAND. 313 CHAP. IX.] for several weeks, till he got safe to Ireland. And to make new grounds of oppression to the country, all the subjects are discharged to harbour, reset, lodge, or entertain any person whatsomever, unless they have a pass from those authorised lately to give it. I have already observed the hardships of this as to the lieges’ trade and liberty, and those orders brought multitudes to very great straits and difficulties. This procla¬ mation is ordered to be read from all the pulpits in the kingdom, which would be carefully seen to by the lords of the clergy. That same day, with the above-named pro¬ clamation, the council give orders to dis¬ band the whole militia regiments, through the eastern and northern shires. July 6th, William Cochran of Ochiltree younger, is allowed to go about his affairs, upon bond, to compear when called, under the sum of a thousand pounds sterling. His father was now seized, as we have heard. July 9th, fifteen prisoners taken with Argyle, of the meaner sort, are banish¬ ed to New-England, and given to William Arbuckle on his petition to the council. July 14th, Mr Blackadder taken in Orkney, “ Appears before the council, acknowledges the king’s authority, and his sacred majesty to be his liege lord, and upon his desire of some time to consider the oath of allegiance, the council allow him till Thursday and September 3d, I find a remission comes down to Dr William Blackadder. July 16th, “The lords of his majesty’s privy council empower John marquis of Athole, to keep watch in the shires of Argyle and Tarbet, and to take under his protection the said shire against thefts, robberies, &c. with power to him, for that effect, to con- vocate his majesty’s lieges in arms, and to follow, pursue, take, and apprehend any person or persons guilty of, or accessory to the said crimes, either by reset, or otherwise, till they be brought to a legal trial; and further, is authorised to seize upon, and retake the goods and gear reft and stolen from any of the inhabitants.” We have heard how much this commission was used against Argyle’s friends and tenants there. That same day, William Buchanan of Drum- akill,andBuchanan ofArnprior,havethe same po wers given them for the shires of Dumbar- IV. ton and Stirling. And July 20tli, the council take off the confinement laid upon the captain of Garrick, and several other gentlemen of the name of Campbell, upon their taking the oath of allegiance. July 30th, a letter from the king is read in council, as to the prisoners of the more common sort. “ Right trusty, &c. Whereas we are informed that a greater number of rebels are taken prisoners than we think fit to be executed, according to their deservings, we do hereby authorise you to order our advocate, to prosecute before yourselves, such of the meanest sort as you think convenient, and banish them to the plantations ; with certification, that if they return without leave, they shall be de¬ nounced as traitors. We do also authorise you to prosecute before our justiciary, in order to their execution, such of the said rebels as you shall think fit, for deterring others from committing such crimes for the time to come. For all which this shall be your warrant. Whitehall, July 25th. Melford.” — Accordingly we have seen great numbers of them banished and transported towards the end of this year, upon the 4th section. August 4th, major-general Drum¬ mond is empo'wered to seize all the arms brought in by Argyle, wherever he finds them. December 3d, I find letters are written to the several shires, that lists be sent in of heritors who attend not on the kino-’s host. The returns are to be made next year : and since I want the council registers, I can give no account whether any pro¬ secutions followed. No more offers upon this head, save what may come in upon the last section. I come now to give the criminal pro¬ secutions of those who were with the earl before the justiciary; and I shall begin with Rumbold and Mr Archer, who were executed, and then touch at some others who were before the criminal court, and yet escaped with their lives. Not long after the earl, that gallant and cood man colonel Rumbold was taken. I o have no distinct account of the manner or place ; but am told, that being attacked by the country militia, he made his way easily through them, and being of great courage, skill, and strength, when two or three 2 R 311- THE HISTORY OF THE SUFFERINGS [ROOK III. attacked him at once, he was abun- 1 G Sj 7 dautly able for them, and maintained a running fight, and was like to get off, till one of them wiser than the rest came up and cut his horse’s legs miserably, and dis¬ abled him so, that he was no longer of use to him ; and then he was soon oppress¬ ed with numbers, and terribly wounded. When the accounts came to Edinburgh, that Rumbold was taken, and coming in prisoner, June 2'2d, “ The council ordain the magistrates of Edinburgh, as soon as he comes to the water-gate, to put him in a cart, and cause the hangman put a rope about his neck, and the hangman’s man go¬ ing before him leading the horse, Rumbold being fettered and bare headed ; and captain Graham is to receive him with drums beat¬ ing, and colours displayed, and carry him to the castle !” and June 23d, the advocate is ordered to process him before the justiciary. And June 25th, before the justiciary meet, the council make the following act and re¬ commendation. “ The lords of his majesty’s privy council do hereby recommend to the lords justice-general, justice-clerk, and re¬ manent commissioners of his majesty’s justiciarj’, to meet to morrow by ten o’clock in the forenoon, and to call the dittay of high treason against Rumbold, commonly called colonel Rumbold, or the Maltster ; and, after he is found guilty of the said crimes, do recommend to the said lords, to cause him, the said Rumbold, to be immediately taken from their bar, to the laigh council-house, to be examined by the magistrates, and hear prayer in the ordinary way ; and that order may be given by them to the said magistrates, that a scaffold and a high gibbet be erected above the cross, towards the west, and that after he is exam¬ ined, and prayer heard, they cause him to be led down by the hangman, with his hat on to the scaffold, and there to be hoised up the gibbet, with a rope about his neck, and immediately to be let down, and the rope being about his neck, his heart to be cut out by the hangman, and shown to the peo¬ ple upon the point of a bayonet or dagger, round about on the scaffold, who is to ex¬ press these words, ‘ here is the heart of a bloody traitor and murderer,’ and which thereafter the hangman is with disdain to cast in a fire prepared on purpose on the scaffold, and thereafter his head is to be cut off, and shown to the people by the hang¬ man, in manner foresaid, and expressing the former words ; and then his body is to be quartered, and one part thereof to be affixed at the port or tolbooth of Glasgow, another at Jedburgh, a third at Dumfries, and a fourth at the Newton of Galloway, his head being to be affixed at the west-port of Ed¬ inburgh, on a high pole; and do ordain the magistrates of Edinburgh to see this order put in execution accordingly.” We may easily guess from this severe act, how this gentleman would be treated when be¬ fore the managers. I am well informed, that when examined by the council he was basely insulted, which did not much move him, but with great calmness he owned the cause he had appeared for, and his joy in his sufferings. Whereupon one of them railed on him, calling him ‘a confounded villain.’ With the utmost sedateness he replied, “ I am at peace with God through Jesus Christ, to men I have done no wrong, what then can confound me ?” According to the council’s act, the justi¬ ciary proceed, June 26th, “Richard Rum¬ bold, designed colonel Rumbold, maltster at Rye, in the couuty of Hartford in England, enters the pannel. Ilis indictment is read, that Richard Rumbold, the most execrable of all traitors, did conspire, undertake, and endeavour to kill the king and his late ma¬ jesty, at their return from Newmarket, and being disappointed in this, he fied over to Holland, was with the late earl of Argyle, and with him invaded this kingdom with ships, men, arms, ammunition, upon the day of May last, and sent over their treasonable proclamations, couvocate sub¬ jects, and was in open rebellion, and continu¬ ed therein till taken. The advocate restricts the libel to his being with that execrable traitor, Archibald Campbell sometimes earl of Argyle, and associated with him to in¬ vade this kingdom, as above ; and for pro¬ bation adduceth the pannel’s own confession, as follows. That he did associate himself to the earl of Argyle, invade the kingdom, was a commander, and assaulted some of the king’s forces at Ardkinglass, where there was one killed on each side ; that he 315 CHAP. IX.] OF THE CHURCH OF SCOTLAND. did not know Jolm Balfour of Kinloch till aboard, that he was designed to have been a cornet of horse, and was in the Highlands. Confessetli, he knew James Stuart, who was privy to their invading Scotland ; that the said Mr Stuart said to him, that the earl of Argyle would spoil all by landing in the Highlands, and lin¬ gering there, that the best and surest way for them was, to land in the main land, in the west of Scotland, and offer arms to such as would take them; that he heard the late earl of Argyle say, Mr Stuart had given the duke of Monmouth counsel to assume the title to the crown.” Very soon the assize found him guilty, and the lords pass their severe sentence, “ That he be taken from the bar to the laigh council- house of Edinburgh,” &c. just in the terms of the council’s act above-mentioned, and ordain this sentence to be put in execution this 20th day of June, betwixt two and five in the afternoon. Accordingly it was put in execution in every article of it. Rumbold, when brought to the scaffold, was so weak, that he could not walk alone, but was supported by two officers, and not being able to stand, he was led to the north side of the scaffold in that posture, and directed his speech to the people to this purpose. “Gentlemen and brethren, it is appointed for all men once to die, and after death is the judg¬ ment ; and since death is a debt all of us must pay, it is a matter of small moment and consequence, what way it be done. But seeing the Lord is pleased to take me to himself after this manner, as it is some¬ what terrible to flesh and blood, yet, glory to him, it is not terrible to me in any wise. I bless his name that hath carved out such a lot to me, and I desire to magnify and bless his holy name for it, that it is upon no ill account, but for owning and adhering to his dis¬ tressed work and interest.” Here they beat the drums, at which he shook his head, and said, “ Will they not sufler a dying man to speak his last words to the people?” and then went on. “And for my avowing to be against popery and prelacy, these two superstitious and per¬ nicious devices of men, obtruded on the church of God. 1 am so confident of the righteousness of the cause, and my innocence in the matter, that though every hair in my head were a man, I could willingly part with them for it. I confess, enemies think they have gotten their foot on the neck of the protestant interest now : but I am persuaded it is as true, as that I am this day entering into eternity, that Christ shall be glorious in those lands, and even in poor Scotland, and that shortly : and it is like, many who see me die this day, may be witnesses theieof, yea, he shall govern those nations with a rod of iron, and that to the terror of his enemies.” This was just the present sense and feeling of his soul. He was not able, through pain and weakness, to form any premeditated discourse, but off hand spoke out the present thoughts and sentiments of his heart. After this he addressed himself to the Lord in prayer, with the greatest cheerfulness and composure. His expres¬ sions in prayer, as far as they could be remembered, were to this purpose. O Lord, I have been a great sinner, and I desire thou mayest get this opportunity lor expressing thy great mercy in pardoning great sins. Thou hast allowed me a con¬ siderable time in the world, and I am turned grey-headed in my sins, but thou hast commanded the ends of the earth to look to thee and be saved, which I desire to do this day, and thou hast said, that those who come unto thee, thou wilt in no wise cast out. I cast myself wholly on thee, and trust thou wilt be as good as thy word. 1 desire to embrace Christ on his own terms, and beg thou may safely guide me through the dark valley of the shadow of death, and make thy rod and staff comfort and suppoit me. It is true, I am going to die, but what is the matter ? though 1 had a thousand lives to lose, if so be 1 may gain the least grain weight of glory to thy holy name thereby, I am content.” When he prayed for the extirpation of popery and prelacy, and other superstitions out of God s house, the drums ruffled again. After the prayer was ended, the executioner kneeling beg¬ ged his forgiveness. He answered, ‘Yes, good fellow, I forgive thee and all men.’ Then after he had prayed again within himself, and given the sign, he was executed 316 THE HISTORY OF THE SUFFERINGS [BOOK III. and quartered, as in the sentence. 168j. me oniy that August 4th, the council orderRumbold’s head to be taken down and put in a chest, and sent to London in a ship, to be disposed of as his majesty pleases. It was some longer time before Mr Thomas Archer was executed ; and I shall in this place give any short hints I have of this excellent person, and then go forward unto other sufferers, not unto death, upon the score of the earl of Argyle’s attempt. The Reverend Mr Thomas Archer, was brother to John Archer formerly mention¬ ed ; and I have the following accounts of him from ministers and others yet alive, who had the happiness of his acquaintance. The Lord began very early to incline his heart to piety ; and when he was little more than a child, that eminent minister, and extraordinary Christian formerly men¬ tioned, Mr Alexander Moncrief, gave him that character, that he made conscience of lifting his bonnet, that is, of the most minute actions of his life, and did all with a holy tenderness, and out of a principle of religion ; and yet after he had gone through his university studies, he wanted not shakings and exercise about the state of his soul ; at length he got comfortably out of all, and enjoyed much of a life of serenity and con¬ solation through the remainder of his time. When he received his degrees at the uni¬ versity, I think, of St Andrews, it was with great applause, and the masters who ex¬ amined him, declared they had not met with his equal in learning for many years. Some years after, when chaplain to the lady Riddel, in that country, he was licensed to preach the gospel by presbyterian ministers, and his sermons were very judicious, methodical, and most scriptural. He was so exact in what he delivered, that he neglected the manner, being intent upon the matter. He was not so acceptable to vulgar hearers, as some other young men far in¬ ferior to him in abilities. His conversation was very grave, sedate, prudent, affable, and cheerful ; he was an excellent scholar, very bookish, and gave himself to reading, meditation, and prayer. When staying in a gentleman’s house in the Merse, he was, about the year 1682, taken prisoner, for no other fault than preaching the gospel now and then ; and, as we heard, he was brought in prisoner, and continued some months in the Canongate tolbooth. There he im¬ proved his time very closely, and in a little, made himself absolutely master of the Hebrew tongue, and was a great master of both the original languages of the scrip¬ tures. At length he was banished the kingdom, and made to sign a bond never to return to his native country, without the government’s allowance ; and he retired to Holland. In Holland, he mightily improved in all branches of valuable learning; and while there, was employed to correct the Dutch edition of Pool’s Criticks, then printing. He was there ordained a minister of the gospel by the Scots ministers, from their deep sense of his excellent endowments. Mr Robert Fleming, and Mr Alexander Hastie preached at his ordination. He was assured that his bond was got up by his friends in Scotland, from the council, other¬ wise it is probable he would not have con¬ sented to have come back. Being a youth of great gallantry and spirit, he was pre¬ vailed upon to engage with Argyle. After they were dissipate, he got over Clyde, and was in the engagement at Muirdyke, where Sir John Cochran commanded : his horse stumbiing, fell to the ground, and his pur¬ suers might easily have made him prisoner, but such was their barbarity, that before Mr Archer could recover himself, one of them poured in a pair of balls into him, whereby he was sorely wounded, and while lying wounded, he was robbed of his bible, watch, and some gold ; and, as we have heard, after he had lain bleeding almost to death, he was, by his friends, carried into a country house, where he was soon taken, and brought into Paisley, where his wounds were dressed, and were extremely painful to him. Thence he was carried into Glasgow, where he remained some days in great distress, and very low ; and was sent into Edinburgh, by order of the council. So extremely weak was he, that he was not able to sit upon a horse, and therefore was sent east upon a cart, and, with no small CHAr. IX.] OF THE CHURCH OF SCOTLAND. 317 difficulty, the honest people in Glasgow prevailed to get a feather-bed laid under him. Before thecouncilhevvasreproachedbitterly, that he had broke his engagement by bond. This was no small grief to him, and he re¬ gretted very much that he had been made to believe that his friends had got it up ; and the council, July 13th, put him over into the hands of the criminal court. While in prison, great importunity was used with people in power, for his libera¬ tion ; and it was represented he was in a dying condition by his wounds, and phy¬ sicians declared so much ; but nothing would prevail with them. In all the turns, they resolved to have some ministers sacrificed to their fury, the great Mr Guthrie after the restoration, the excellent Mr Hugh Mackail after Pentland, Mr King and Mr Kid after Bothwell, and now worthy Mr Archer.* The duke of Queens- berry was addressed in a particular manner, and even by his own son, who had a high value for Mr Archer, but always received with indignation ; and he told his son in very odd terms, his life could not be spared. All those endeavours failing, a design was laid to have him secretly conveyed out of prison, and it came so great a length, that once the sentinels had money given them. A worthy gentlewoman, yet alive, Mrs Montgomery, servant to the late excellent duchess of Hamilton, bestowed ten dollars that way. In short, every thing was made ready, but he himself broke the project, * Mr Fox is of opinion that our author, though a most valuable and correct historian, was not without a tincture of the prejudices belonging to his order. And to this he attributes the above remark. To have been absolutely without any such tincture would have been something superhuman. But Mr Wodrovv states only a plain matter of fact ; and there is nothing of prejudice in the idea, that clergymen of zeal and talent and high popular eloquence would be particularly obnoxious to a persecuting govern¬ ment, and that the removal of such men as those noticed above would naturally be decreed by such a government. Mr F’ox’s own account of the thing is the severest censure that was per¬ haps ever passed on the tyranny and cruelty ot the leaders in the tragic scene. “To him who is well acquainted with the history of this period the habitual cruelty of the government will fully account for any particular act of severity ; and it is only in cases of lenity, such as that of Cochran, for instance, that he will look for some hidden or special motive!” — Fox, p, 215. — Ed. and told his friends, that he reckon- ed himself a dying person ; and see¬ ing he reckoned he could not serve his Mas- ter in any other manner, he did not think it his duty to decline a testimony for him and his truth, by a public death. August 12th, I find him before the justi¬ ciary. He should have been brought before them twice formerly, but was perfectly out of case through bodily weakness, and by every body looked upon as dying : yet those merciless men would take his blood upon them. His indictment was read, and he charged with treason. Probation, his own confession, “ That he had been in com¬ pany with the earl of Argyle ; that the earl had imparted his design to him of invading Scotland ; that he went before to Ireland, to prevail with some persons there to join the said earl, but none came ; he declines peremptorily to condescend upon their names ; that he continued with the rebels till dissipated ; that he was with Sir John Cochran’s party near the Stone-fold, and received a shot in his side, and was carried to a house near by, where he was appre¬ hended ; that he had a sword. Tno. Archer.” The assize brought him in guil¬ ty by his own confession, and the lords sentence him to be hanged on a gibbet, August 14th, till dead. He was still de- layed till Friday, August 2 1st, when he suffered death. I am sorry I have no large ac¬ counts of his Christian and cheerful carriage on the scaffold, but shall here insert hialast testimony, which he drew up in prison, and delivered as much of it as he was able at his death, and I give it from the original copy, yet remaining with his friends. The last words arid testimony of Mr Thomas Archer minister of the Gospel, which he designed to spea/c on the scaffold, August 2 1st, 1685, and left with his friends, subscribed with his own hand . “ My weakness being such, through long sick¬ ness, as I know not when I may be surprised with death, and being persuaded in my own mind, that in some weak measure I desired to follow God’s call, whilst I came along with this (now broken) party, and that, with some sim¬ plicity and self-denial, I desired to aim at God’s glory, and the comfort of his church. I desire, in some sincerity of heart, to leave my mind in these few lines, for the satisfaction of my friends 318 THE HISTORY OF THE SUFFERINGS [BOOK III and others. The apprehension I had of 10 £>' tbegreat danger ofthe protestant religion, and theinformationsof the exorbitant oppressions of men in their estates, but especially in their con¬ sciences, even to their wasting, were my motives to engage in this enterprise, if not sufficient, I leave it to others to judge. That popery is like to be the plague of these lands, many now begin to be convinced that would not believe it before ; the atheism and profanity ofthe generation is a fit disposition for it ; and, it may be, the evil of it may begin to be less seen, that it may be account¬ ed a light matter: but let that scripture be ser¬ iously considered, Revel, xiv. 9, 10, 11. ‘ And the third angel followed him, saying with a loud voice, If any man worship the beast and his im¬ age, and receive his mark in his forehead, or on his right hand, the same shall drink ofthe wine of the wrath of God, which is poured out with¬ out mixture, into the cup of his indignation, and he shall be tormented with fire and brim¬ stone, in the presence of the holy angels, and the Lamb ; and the smoke of their torment ascend- eth up for ever and ever, and they have no rest day nor night, who worship the beast, or his image, or whosoever receiveth the mark of his name.’ It was always my judgment, and I hope to die in it, that the obligation of the cove¬ nants is national, and indissoluble, and that even the posterity renouncing them, shall be found guilty of horrid perjury and apostasy before God, siuce in them we first engaged immediately to serve him. I own the alone headship of our glorious Saviour Jesus Christ over his church, to be a truth from Scripture most clear and in¬ controvertible, to set up officers over his church, and not of his appointment, to give laws to her of that nature, is an usurpation most fearful, especially when it may be in the hands of a per¬ son, not a member of the church; and to rob the church of the ministerial ruling power com¬ municated to her officers by her head Christ, or to hinder her of the due exercise of it, is a tyran¬ ny and oppression most cryiDg before God. I have ever opposed myself to contentions and new differences, wherein (I thank the Lord) I have peace without a challenge as to the thing. Di¬ visions and conteudings have been the undoing of this church first and last, but, I think, more of late, and more shamefully than ever, the mat¬ ter being so small (if wisely considered) about which all this noise hath been made. I take not upon me to justify the indulged ministers, neither will I rigidly condemn them ; but if the separating from their ministry, and pressing the matter with such heat and violence, shall be found to be good service done to Christ, I have read the Scriptures wrong ; and the sad conse¬ quences of it are convincing enough, if people were humble and couvincible. It was this con¬ tention which expelled that profitable and most edifying exercise of mutual prayer, and Chris¬ tian conference, (that I may say nothing how it drove from the shepherds’ tents) upon which followed a sensible decay in the exercise of god¬ liness. I did devote myself to serve the Lord in the gospel of his Son ; I trust he hath accepted my offei’ing. I had some willingness to do him service upon occasion, although, alas! my dross of self and other evils cleaved fast unto me ; yet he knows, that to edify his people, was the principal thing, next to his glory, I aimed at. I have lived, and desired to die, hoping that the Lord will yet glorify his grace and gospel in the land ; and that he hath not brought us under the bond of the covenant, immediately to cast us off’, (though we deserve to be cast off) but that the children which are yet to be created may praise him. Those sad desolating strokes are so far from being a stumbling block to me, that they are rather a confirmation. Sure the most pious people, and of the greatest numbers likewise proportionably (to the yondmost of my knowledge) is in Scotland of any place in the earth ; and shall we think, that the Lord scourgeth them in the open sight of others, for their destruction ! and not rather that he is beginning his judgments at the inner house and sanctuary ! and others who now may laugh at our calamity shall not escape, if judgment begin at the house of God, 1 Peter iv. 17. I desire to hope the Lord will bring his third part through the fire, and will refine them as silver is refined, and try them as gold is tried ; and God shall say of them, it is my people, and they shall say, the Lord is my God. Zech. xiii. 9. I own the king’s authority, since he hath it not only by God’s providence, but by the consent of the estates of the land, who have determined, that he is the lawful successor. And it is a question, if he be worse than those whom the prophets have been subject unto under the Old Testament, and those to whom the apostle com¬ mands subjection under the New. And if the distinction betwixt the authority itself, and the exercise thereof, were rightly understood, I think there should be less poor men’s blood spilt, and less reproach cast upon religion. I thank the Lord, I have no prejudice against any man living, to the utmost of my knowledge, but do most heartily forgive every man, as I desire to be forgiven of God myself. I resent and ac¬ knowledge my weakness, in being a witness against several worthy persons, both present and absent, a worse deed than Saul’s consenting to the death of Stephen’s, though, I think, 1 had no eye to my own safety, far less an ill will at the persons, all whom I highly honour, and of all whom I heartily entreat forgiveness. I desire to give a farewell to the world, and all the en¬ joyments thereof, and to my dear relations, dear both in the flesh, and in the Lord, in the firm CHAP. IX.] OF THE CHURCH OF SCOTLAND. 319 hope oi' the eternal fruition of God, Father, Son, and Holy Ghost, whom I desire to choose for my portion, and through my Saviour Jesus Christ, whom I have designed in some weak measure to serve ; to whom 1 commit myself as to a faith¬ ful Creator and Saviour. “ Thomas Archer.” This solid and judicious testimony needs no commendation from me. I only add, that Mr Archer was so very weak that day he was executed, that he behoved to be carried to the scaffold in a chair, and in all probability a few hours would have carried him to heaven though he had been spared. When coming out of prison, he said, “ I bless my God, I have now no more to do but to die.” When upon the scaffold, he prayed first, and then read Isaiah 65, and next spoke to this purpose, as far as could be gathered: “There is a great conflu¬ ence of people here, and I hope there are many who desire to be edified by this kind of death, and I wish there were more. By reason of my weakness and sickness, you cannot expect a long discourse, nor with such utterance as this auditory requires. As to the grounds whereupon my sufferings at this time are stated, I need not enlarge, they are well known; I shall only say this, as my design was upright, so w ere my mo¬ tives in coming to Scotland in such a time and manner ; they may call it insurrection and rebellion, but the Lord knows there was no such thing. My motives were the great apprehensions I had of popery, and my regard to the kingdom and interests of Christ here, and I wish every one were concerned with the evil and hazard of popery.” Here the bailie interrupted him ; whereupon he added, “ I shall only refer you to Revelations xiv. 9, 10, 21,” and said to the bailie, “ You cannot deny but popery is hazardous ;” who answered, “ It is true, but there is no fear of it here, blessed be God.” Mr Archer said, “ I wish to God it be so,” and then continued his discourse. “ What I have further to say is, that Christ hath a kingdom, wherein and over which he reigneth as King, so he will suffer none to usurp that power, which is his own pre¬ rogative, and w'hich he will not give to another, to constitute and appoint officers contrary to his institution.” When going on upon this subject, the bailie in- g^ terrupted him again, saying, “ Sir, if you hold not off your principles and reflections, I will cause beat the drums.” Mr Archer went on, “ Well then, I hope none of you who are the people of God, need stumble at our fall, as if God would let the work rest at us, for he has other means, ways, and instruments nor us to make use of; for it may be well known to you from scripture, that the people of God have got many backsets one after another, but the Lord has waited for their extremity, which he will make his opportunity ; and for this, take notice of Micah iv. 10. ‘ 1 will bring them to Babylon, and there will I deliver them.’ So I pray and entreat you all to be concerned for your souls’ interest ; as for my own part, I know I have no more to do as to that. Fear of death does not fright or trouble me, I bless the Lord for my lot.” Then he prayed again, and sang the 73d Psalm, ver. 24, to the end, and died with great cheerfulness and joy. In him the church of Scotland lost a burning and shining light, who might have been long a useful minister of Christ. One who knew him well, assures me, for solidity and learning he was qualified to be a pro¬ fessor of divinity in any university. He was about thirty-two years of age at his death. Having thus given account of the two worthy persons who were executed for this attempt, I come now to some of' the processes before the justiciary, for accession to the earl’s attempt. July 16th, two excellent persons are before the criminal court, David Stuart (now Sir David) of Cultness, and Mr William Spence servant to the late earl of Argyle. We have heard of the last his being seized at Orkney, from whence he was sent over to Edin¬ burgh ; and the first was taken a little after the earl of Argyle, and carried into Edinburgh. By the council-books, I find the advocate is, July 13th, ordered to pro¬ cess before the justiciary, David Stuart younger of Cultness, Mr William Spence, and Dunbar. This last I find no more about. The two first are both in¬ dicted for treason, and David Stuart’s own confession is adduced as probation. “ David 350 THE HISTORY OF THE SUFFERINGS (BOOK 111. 7 r Stuart confessetli lie went over toHol- *" land, conversed with the late earl of Argyle, that he came over with him to the highlands, continued with the rebels till taken ; that he had a sword, that he owns the king's authority.” “ William Spence hath for probation led against him, Mr Thomas Archer, who depones, he saw him w ith the late earl of Argyle, as his servant. Mr William Blackadder, doctor in medicine, depones the same. Both of them are re¬ mitted to an assize, who bring them in guilty. And the lords ordain David Stuart and Mr William Spence, to be taken to the cross of Edinburgh on Wednesday next, the 22d instant, and hanged.” The Lord had more service for them, and the sentence was not executed. All I find further about them is, July 20th, “The lords of council having considered the addresses of David Stuart younger of Cultness, sentenced to die on Wednesday 22d instant, do reprieve them to September 3d. August 17th, Mr William Spence is allowed to remove to a chamber in Edinburgh, because of sickness, and to be kept under a guard. The magis¬ trates of Edinburgh are to be liable for him if he escape, and he is to re-enter prison September 1st. August 25th, a letter is read from the king, continuing the reprieve of Cultness younger, till his majesty signify his pleasure to the contrary. That same day Mr William Spence his l’eprieve is con¬ tinued till November 1st, he being a necessary witness for the king. And September 3d, his reprieve is continued by a letter from the king, till he declare his pleasure to the contrary ; and by a letter from the king October 17th, Mr Spence is ordered to be made close prisoner.” This is all I meet with about them in the coun¬ cil-books. August 1st, T find “ Archibald Campbell, sentenced to die by the justices, appears before the council, and declaring himself content to renounce all rebellious principles, they reprieve him till December. And August 1 Sth, a letter is read from the king, bearing, that it is his royal pleasure, that Charles and John Campbells sons to the late earl of Argyle, Archibald Campbell son to the lord Neil Campbell, should be spared i as to their lives, and be banished, but that the sentence of forfeiture be passed upon them.” The council recommend to the justices accordingly, and order Charles and John Caifipbells to be brought from Stirling to Edinburgh, in order to their trial. Accordingly, August 21st, Charles Camp¬ bell is indicted for being in the rebellion, and upon his confession is sentenced to die, and the day left to the council’s pleasure. And August 25th, “ John Campbell, son to Archibald Campbell some¬ time earl of Argyle, indicted for rising in arms for committing acts of hostility and high treason, treasonably corresponding with, harbouring, conversing with, and resetting the earl of Argyle, a forfeited traitor, so declared in May and June last ; he confesseth, that he had joined in arms in the late rebellion, with his father the late earl of Argyle, and conversed and in- tercommuned with him in the terms men¬ tioned in his dittay, and comes in will, and begs his majesty’s mercy. The lords ordain him to be executed as a traitor, and de¬ meaned, and undergo the pains of treason at such a time and place as the lords shall think fit, and his name, fame, and memory to be extinct, as in common form.” The managers thus endeavour to leave a blot upon the children and relations of this noble family, when for shame’s cause they could not embrue their hands in the blood of those youths. September 11th, the council order the advocate to process before the justices, Sir Duncan Campbell of Auchinbreck, Camp¬ bell of Barbreck, and Campbell of Knap, and all other persons, who, they were in¬ formed, were with the late earl of Argyle; and witnesses are previously to be examined, conform to the king’s letter. And Septem¬ ber 18th, in a letter to the secretary, the council signify, that by a mistake Ellangreg had been recommended for a remission as to life and fortune, whereas they never re¬ commend any for a remission but as to life. This is all offers to me this year of the criminal prosecutions, and upon the account of the earl of Argyle’s attempt. In the beginning of the next year, we shall meet with great numbers more processed, mostly CHAP. IX.] OF THE CHURCH OF SCOTLAND. 321 in absence, before tbe justiciary, thattbeir estates might fall into the hands of the managers. SECT. XI. Of the sufferings and h ardships endured by the prisoners sent to Dunnotter , May this year, with some father view of the severi¬ ties exercised through the country , dining the sitting of parliament, and after the earl of Argyle's attempt. Having been diverted a little from my principal view, by the remarkable incident of the unsuccessful attempt made for recov¬ ering our liberty, I return again to the sufferings and hardships exercised through the country, and shall enlarge a little upon the extraordinary cruelty exercised upon the prisoners sent to the castle of Dunnot¬ ter in May, and go through some other acts of severity against presbyterians this year. During the sitting of parliament, a good many of the persons who were the springs of the sufferings through the country, were at Edinburgh, and so we shall meet with less trouble through the west and south than, considering what passed in the former years, one would expect. Indeed the ravages of the soldiers up and down, upon the first rumours of Argyle’s landing, were very dreadful; some of them have been hinted at, and a detail of them ivould be endless. Every body who did not entirely oonform to the church establishment, all who did not heartily fall in with the oaths and impositions now a going ; yea, the very friends and acquaintances of such who were banished, forfeited, or upon their hiding, though they did conform, yea, the moderate part of the conformists themselves, were fearfully harassed. Parties of soldiers were continually marching through the west and south, a good number of them traversed the hills of Carsphairn, and all that country round, perfectly spoiling it as it had been an enemy’s country. Claverhouse came through Nithsdale in the same manner, and towards the water of Ken. All they met with were forced to take what oaths they were pleased to frame. And after Argyle’s defeat, lieutenant Livingstone continued a IV. good space in the Newton of Gallo- way, and brought the country under J the greatest hardships, by searchings and otherwise ; and many were the wonderful es¬ capes and deliverances the suffering people met with. As the regular forces harassed the country, so did the militia, which, as we have heard, were called out under the prospect of Argyle’s attempt ; and upon the alarm of his coming to Orkney, circular letters were written through the shires by the sheriffs, and officers of the militia, to the heritors, to meet them at their particular places of rendezvous. An original order, now before me, is direct to the laird of Duddingston, from the sheriff-depute, which, being short, I insert here, as being no doubt the common form. “ Sir, I desire you to meet the earl of Linlithgow at Kincavel-muir, the 14th current, with arms, on horseback, with twenty days’ provisions, by ten hours in the forenoon, as you will be answerable to the lords of privy council on your peril. Given by order of the said earl, by, Sir, your ser¬ vant, Charles Stuart.” Both militia and army committed many ravages. Particulars I cannot enter on. Many other sore op¬ pressions were made on particular persons, by such as had council and j usticiary powers. I shall only give one instance. James Forsyth in the parish of Loclima- ben, or near by, had been brought to great trouble for not hearing the curate, who had either gone very near to pronounce, or actually had pronounced against hiifi the sentence of excommunication. At length he was apprehended, but found means to get out of their hands. Not compearing before the last court in February, he was denounced, and forced to lurk ; and wander¬ ers being upon every turn in hazard of their lives, he went into England, where he was seized, and sent down prisoner to Sir James Johnston of Wester-raw, May 13th, this year. Wester-raw indeed offered to let him go, if, with uplifted hands, he would swear and say, ‘God bless king James the VII.’ When James asked him what he meant by blessing the king, for his part he wished him well, and that all spiritual blessings might be upon him; the other answered, he meant, ‘ That he should own him as his lawful king, and that he should pray, Long 2 s 322 THE HISTORY OF THE SUFFERINGS [BOOK HI. may he live, and well may he prosper in all his actings and proceedings.” This, James said, he could not do, since he was a violent persecutor of God’s people, and a papist. In a little time he was examined by Claverhouse and the foresaid gentleman, and threatened with present death ; but providence restrained them, and he was sent prisoner to Edinburgh, and thence to Burntisland. Ilis wife having come to sec him, they sent her prisoner with him, though they had nothing to charge her with, and she was big with child. They were both sent, with others whom I shall presently account for, to Dunnotter ; there his wife fell into her pangs. The keepers were desired to let her go to a private house to be delivered, but the barbarous governor would not allow this ; so she was delivered in prison, and by ill management, and want of ordinary accommodation, she died in a little time. This brings me to the hardships and se¬ verities, wherewith the prisoners who were sent to Dunnotter castle were exercised. I shall give the reader as short and distinct an account of this piece of hard treatment of the sufferers, as my materials afford me, mostly from the papers of Mr John Frazer, minister at Alness, in the presbytery of DingwaJ, now with the Lord, who was one of them ; and the distinct narratives the forementioned Quintin Dick and Mr Wil¬ liam M‘Millan have left, with some other papers by me. It may not be improper to bring in here a short account of the preceding sufferings of the reverend Mr Frazer, and they will hand me down to Dunnotter sufferings. This excellent and worthy person had gone up to London, about the end of the year 1G78, or beginning of 1679, for his safety and im¬ provement ; and there he waited closely upon the meetings of the dissenters, until they were much borne down in the years 1683 and 1684, and the ministers and hear¬ ers haled to prisons ; and informers at Lon¬ don turned very common, being encouraged by their share in the twenty pounds ster¬ ling every landlord of the house where a conventicle was kept, was amerced in, besides the fines of the preacher and hear¬ ers. Mr Frazer in his account says, it was in the end of 1 684, there was a meeting in Foster-lane near Guildhall, London, where most of them were Scotsmen, and Mr Alexander Shiels preached to them. At this meeting Mr Frazer was taken. Mr Shiels had not proceeded far in his lecture, when they w ere disturbed by a party of soldiers, who apprehended Mr Shiels and most part of the hearers. They wrere all brought to Guildhall, where bail was taken for their appearance at the lord mayor’s court next Tuesday, where the city record¬ er insisted, that special notice should be taken of those criminals, because mostly Scotsmen, and more than ordinarily sedi¬ tious and rebellious against the king’s ma- jesty and his laws. The most part wrere dismissed upon payment of their fines, and ten or twelve wrere committed to Newgate, and put into a common nasty room, near the vilest of malefactors. Sir Andrew Forrester, under-secretary for Scotland, Avas ordered to examine them in New'gate, and the issue was a resolution to send them prisoners to Scotland, to be tried there according to the laws of the kingdom. And about the beginning of March, they w'ere sent down in the kitchen yacht. They were manacled two and two as the greatest malefactors, and this way passed through the streets to their vessel, and when brought up from Leith to Edinburgh, they were examined by the council upon the ordinary ensnaring questions, and, not giv¬ ing entire satisfaction, all of them, save Mr Shiels, were sent to Dunnotter. The occasion of Mr Frazer, the rest of the London prisoners, and multitudes with them, their being sent north, was this. The account of Argyle’s invasion turned hot towards the beginning of May, and the managers at Edinburgh were alarmed with his being at Orkney, and coming about to the west; and fearing the earl’s landing, and not know ing what the consequences might be, very suddenly it was resolved, that all the prisoners for religion, especially those from the south and west, should be sent to Dunnotter castle. Accordingly Mr John Frazer, Mr William M‘ Mill an, Quin¬ tin Dick, with William Niven, and many others in Edinburgh and the Canongate tolbooths, were, to their great surprise, on CHAP. IX.] OF THE CHURCH OF SCOTLAND. 323 the 1 8th of May taken out of their prisons, about three hours before sun-set, without suffering them to know what was to be done with them, that such of them as could, might have prepared some way for such a journey, and carried out of town under a strong guard, and delivered at the Nether- bow to Douglas’ regiment, who guarded them down to Leith. There they were shut up so close in the court of guard, that their nearest relations and acquain¬ tances were not. so much as permitted to speak with them. From thence, with the prisoners at Leith, making in all above two hundred, they -were carried down to the shore, and put into open boats, and hurried off the shore, without allowing them to receive any necessaries from their friends and relations, whereof good numbers were waiting on to take their leave of them, never expecting to see them again. Next morning about break of day they were landed at Burntisland. There about twelve score of them were crowded in two rooms in the tolbootli, where, through the straitness of the rooms, and multitude of the prisoners, their miseries seemed to be but beginning, for as much as they had suffered. And Mr Dick remarks, that it was a wonder to themselves how such a multitude could subsist for two days and two nights, when they were denied liberty separately to ease nature, and had nothing allowed for their subsistence ; yea, a good many of them w'ere not permitted to have bread and water for their money. When ' thus pent up at Burntisland, one came over from the council, with orders to bring hack to Edinburgh as many of them as would immediately swear the oath of allegiance, with the supremacy in it. About forty, through the extremity of their misery and hardships, complied ; the rest owned their allegiance, but stuck at swearing it with the supremacy. At Burntisland, after two days, they were committed to the militia of Fife; and most of them had their hands tied behind their back with cords. Through their hard usage at Burntisland, some of them were fallen under rheumatisms, and other dis¬ tempers, w hich made travelling a foot very uneasy, and would have hired horses with their own money, but this was not allowed. The prisoners were carried a foot, generally speaking, through by¬ paths, that the w ell disposed persons in Fife, who came with necessaries to the prisoners, might be disappointed, as many were ; and some who came were beat off by the guard, and nothing was allowed to be given them. That night they were brought to a small village near Falkland, called Freuchie, and from thence next day they came to the water-side of Tay ; their accommodation at both these places was very sorry. Upon the south-side of Tay, the tide not answer¬ ing them, about nine or ten score were crowded into three little rooms most in¬ commodiously, till about break of day, when the tide made, and then they were ferried over to Dundee, and about sun-rising, put into the tolbooth there, where they continued till about eleven of the clock, and were allowed refreshments for their money. From thence they were brought to a muir a mile beyond Dundee, and delivered to the earl of Strathmore’s regiment and the militia of Angus, and marched, man by man, betwixt two of the militia, till they were brought to Forfar, where they were again crowded into the tolbooth, to the great pre¬ judice of their health. From Forfar they were brought to Brechin, and rested a while in the open fields near by, and had some refreshments allowed them for their money, which was now reckoned a great favour. From thence at night they were brought to the north-water, or North-Esk bridge; and there they were all of them set upon the bridge, and the soldiers kept strict guard at both ends of it. In this posture they were kept, exposed to wind and weather all night, without meat or drink. The night was exceeding cold and stormy, and many of them by this time weary and faint ; yet they behoved to stand and lie as they best might upon the cold bridge, till three or four in the morning ; and that day, May 24th, being the Lords’ day, they were carried to their resting place at Dunnotter. Some few found means to get off by the road, and they were, when they entered Dunnotter, in all eight score and seven persons. At Dunnotter, they were received by 324 THE HISTORY OF THE SUFFERINGS [BOOK III. 1 G85 ^eor&e Keith of White-ridge, sheriff- deputeoftheMeams. This large com¬ pany was thrust into a dark vault under ground, one of the most uncomfortable places poor people could be in. It was full of mire, ankle deep, and had but one window towards the sea. So throng were they in it, that they could not sit without leaning one upon an¬ other. They had not the least accommoda¬ tion for sitting, leaning, or lying, and were perfectly stifled for want of air. They had no access to ease nature, and many of them were faint and sickly. Indeed all their lives were in great danger. In this miser¬ able vault about a hundred of them were pent up all this summer ; and it was a mir¬ acle of mercy they were not all killed. The barbarities of their keepers and the soldiers are beyond expression. The pri¬ soners had nothing allowed them but what was paid for, and money was paid for cold water. And when the soldiers brought in barrels of water, and had sold it out in parcels to them till they began to weary of it, they would pour it into the vault to in¬ commode them the more. Considerable numbers of them died, and no wonder, through such hardships ; and it w as boasted off’ as an undeserved favour by the soldiers, that they received the dead corps, and dis¬ posed of them as they pleased, for none of their fellow-prisoners were allowed to see them interred ; it was too great a favour to allow them so much of the free air. When the whole number had continued for some days in the great vault, the gover¬ nor was pleased to remove about forty of the men to another small vault, w hich being narrow and low, they were not much less straitened than in the great vault; and they were in hazard to be stifled, there being no air nor light there, but what came in by a very small slit or chink. The walls, it seems, wfere a little decayed, and some little air came in at the bottom of the vault; and they used one by one to lie down on their belly on the bottom of the vault, that they might have some of the fresh air. By this means, some of them, particularly the rev¬ erend Mr Frazer, contracted a violent cold and dysentery. After some time spent in this melancholy posture, the governor’s lady came in to see the prisoners in the two vaults, and prevailed with her husband to make them a little more easy. Twelve of the men w ere removed from the forty to a better place, where they had room and air enough, and the women were removed from the large vault, and put into two several rooms. This wras indeed a great kindness, but they had abundance of hardships re¬ maining. Somewhat has been already hinted as to their strait for meat and drink ; nothing was allowed them but what they bought, and the governor made even a monopoly of this. When the country people about were bringing in provisions to the prisoners for their money, they were stopped, and the soldiers were ordered to allow them no ac¬ cess; and one of them was very roughly treated, for insisting to get in to the prison¬ ers with what he had to sell. The reason of this was, the governor’s brother, who lived at Stone-hive, not far from Dunnotter, resolved to have any money the prisoners had, and none was suffered to provide for them but he. Such who were in the great vault were in the greatest misery, and not a few of them died. It was no great wonder that under such grievous hardships they essayed all innocent methods for their own safety. In order to this, they endeavoured, and got at length out by the window in the vault, which was just over the sea, one night, and crept along a most dangerous rock, to the utmost hazard of their lives ; and indeed it w as one to ten, that they were not either crushed by their fall, or drowned in the sea. Some twenty-five of them escaped before the alarm wras given to the guard, by some women w ho were washing near the rock, and the rest were stopped. Upon the alarm, the outer gates were shut, and the hue and the cry raised, and all possible means used to retake them. Fifteen of them were ap¬ prehended, and it was a wonder all of them were not catched, being so weak that they were not able to flee far, and the country round about being disaffected to them and their way. Such as were seized were most barbarously used. I have the accounts of this mostly from the foresaid William Niven, who was one of those wrho were retaken. Not only were they most inhumanely beat 325 CHAP. IX.J OF THE CHURCH and bruised when apprehended, but, when brought back to their prison, they were put in the guard-house, bound and laid on their backs on the floor, and most dreadfully tormented. In three different parts of the room they were tortured. A he said William, with Peter Russel, and Alexander Dalgleish in Kilbride, were laid upon their backs upon a form, and their hands bound down to the foot of the form, and a fiery match put betwixt every finger of both hands, and six soldiers waiting on by turns, one after an¬ other, to blow the match, and keep it equal with their fingers. This was continued for three hours without intermission, by the governor’s order, merely for the fault of essaying to escape at the hazard ot their lives. By this treatment William Niven lost one of the fingers of his left hand. Alexander Dalgleish died of the pain, and the wounds he got, and an inflammation rising thereupon ; and several others had their fingers burnt, and the very bone turned to ashes, and some, besides the last mentioned, died of this torture. Some accounts of those barbarities were sent into Edinburgh, and methods taken to lay them before the council. By the influence of some there, not altogether so merciless as others, orders were sent to the governor to treat the prisoners with a little more humanity, and to accommodate them with some better rooms. Since the writing of what is above, I find in the council-registers, a petition pre¬ sented to the council, in favours of the prisoners at Dunnotter, which, as contain¬ ing nothing but what the petitioners Avere ready to vouch, and consequently being one of the best accounts of the hardships used toward the prisoners, I insert here, with the council’s act thereupon. “ Anent a petition presented by Grizel Cairns and Alison Johnston, in behalf of Mr William M'Millan, and Robert Young, wright in Edinburgh, their husbands, and the rest of the prisoners in the castle ot Dunnotter, showing, that the petitioners’ said hus¬ bands, who are under no sentence, with many others, having been sent prisoners to the said castle, they are in a most lamentable condi¬ tion, there being a hundred and ten of them in one vault, where there is little or no day- OF SCOTLAND. light at all, and, contrary to all modes- 16g5> ty, men and women promiscuously together, and forty-two more in another room, in the same condition, and no person allowed to come near them with meat or drink, but such meat and drink as scarce any rational creature can live upon, and yet at extraordinary rates, being twenty pennies each pint of ale, which is not worth aplack the pint, and the peck of sandy dusty meal is afforded to them at eighteen shillings per peck, and not so much as a drink ot water allowed to be carried to them, whereby they are not only in a starving condition, but must inevitably incur a plague, or other fearful diseases, without the council pro¬ vide a speedy remedy ; and therefore hum¬ bly supplicating, that warrant might be granted to the effect underwritten. The lords of his majesty’s privy council, having heard and considered the foresaid petition, do hereby continue that part of the deswe, for liberty, till they consider further of the petitioners’ cause ; but, in the meantime, give order and warrant to the deputy-gov¬ ernor of the castle of Dunnotter, to sutler and permit meat and drink, and other ne¬ cessaries, to be brought in to the petition¬ ers by their friends or servants, at the ordinary easy rates, and to allow the said Mr William M‘Millan and Robert Young a distinct room from the rest ; and, in re¬ gard of the heat of the season of the year, that all the prisoners may be so accommo¬ dated without throng, that their health be endangered as little as possible. This no doubt enraged the governor exceedingly, and he drew up a paper, by way of decla¬ ration, in his own favours, wherein the subscribers testified they were gently treated, and wanted not conveniences since they came to Dunnotter ; a very few, by threats and promises, rvere prevailed upon to sign it, but the rest peremptorily refused it, Avhicli further enraged the governor, and they were yet more hardly dealt with. By the council-registers, I find, July loth, the earls of Errol and Kintore, or any of them, are appointed to go to Dunnotter, and examine the prisoners, and notice who of them are content to take the test, Avho will take the allegiance with the supremacy, 326 THE HISTORY OF THE SUFFERINGS [BOOK III. or the allegiance simply, or who will ’ engage to live regularly, and keep their parish kirk, and appear when called. Accordingly, about the middle of July, the earls of Marishal and Kintore came to Dunnotter. This was their way now : after they hoped that poor people’s patience was worn out, they came with new offers, and temptations to quit their principles. The questions proposed to the prisoners were, “ Whether they owned the king as their lawful sovereign, and would subject to his authority, and to all in authority un¬ der him ; whether they would pray for the king ; whether they disowned the apologe- tical declaration ; whether, upon oath, they were ready to assert, that it was unlawful, upon any pretext whatsomever, particularly that of the covenant, to rise in arms against the king, or any employed by him.” A considerable number of them gave some reasonable satisfaction, in several of those questions ; but all refused the oath of alle¬ giance, as embodied with the supremacy. I do not observe any report from these appointed, in the council-books ; but, to¬ ward the end of July, the prisoners are brought south, and the council, July 24th, “ empower the earls of Marishal, Errol, Kintore, Panmure, and the lord president of the session, to call before them the pri¬ soners in Dunnotter castle, and banish such of them as take not the oaths of allegiance and abjuration, whether men or women, not already banished, and deliver them, with such as are already banished, to such as the council shall grant warrant, to be transport¬ ed to his majesty’s plantations, with certi¬ fication, that such as shall return to the kingdom, shall incur the pain of death.” Accordingly, great numbers of them were banished, as we have seen upon the fourth section : and, July 26th, probably upon the report of the counsellors last named, “ John Hamilton in Millholm, John Orr in Loch- winnoch, David Fergusson in Bridge-end of Glasgow, Alexander Small in Evandale, Matthew Loudon in Strathaven, Robert Semple in Lochwinnoch, John Orr there, Gavin Sempill in Evandale, John Steel there, George Brown, servant to the lady Argyle, William Brown in Evandale, John Reidin Kilbride, John Marshall in Glasgow, I prisoners, having taken the allegiance, are liberate, under bond of five thousand merks each, to compear when called.” Whether all these were from Dunnotter, I cannot say, but I know most of them were there ; and, July 30th, “the council resolve to meet themselves at Leith, and sentence the re¬ maining prisoners from Dunnotter, by banishment, detaining or liberating as they find cause.” Most part of them were given to Pitlochy. This is the shortest account I could gath¬ er up of the remarkable sufferings of those prisoners. I have some of their letters be¬ fore me, full of seriousness and resignation ; and after I had written this, there is come to my hand a large account of the sufferings of Euphraim Threpland, spouse to George Macbirnie merchant in Dumfries, who was one of the prisoners at Dunnotter. It con¬ tains a very particular and pointed relation of her sufferings since her husband’s death, and particularly at Dunnotter, in some sheets of paper; aud, in this place, 1 shall bring in a short abstract of it, since this work is growing so much upon my hand, and the rather, that it lets us into some more particulars of Dunnotter sufferings. Mr Macbirnie, who could never be charg¬ ed with any thing of real disloyalty, after he had been tossed since Middleton’s par¬ liament, with finings, confinings, wanderings, and imprisonments, contracted a sickness whereof he died, 1681. His afflicted widow was sorely persecuted for mere nonconform¬ ity and refusing the oaths imposed, and was forced to flee and wander from one place to another, for the space of one year. During this, some of her small children, who were not in case to be transported, were frequently frighted by the sheriff- officers searching her house. She return¬ ing, and taking them to another private retirement in Dumfries, the sheriff-depute getting notice of this, with one of the bail¬ ies, came and bi’oke open the doors, hurt and frighted the children, (some of whom, for fear, crept under a bed) and carried the mother away to prison. To-morrow he brought her before his court, aud, be¬ cause she would not 6wear how many conventicles she had been pi'esent at, givo up the names of the ministers, and promise CHAP. IX.] OF THE CHURCH OF SCOTLAND. 327 to hear the curates, he fined her in a sum < she was unable to pay, and arrested all she had a right to, and her household plenish¬ ing, so that she had not so much as linens to change herself and children. In this strait, she sought a loan from him of what was her own, during his pleasure, and was forced to give bond and caution, to make all forthcoming to him. Meanwhile, the officers took and sold what of her goods they saw tit, because, as they said, the sheriff-depute had not paid them for their service. This, and two years and a half’s imprisonment, disabled her from making her goods forthcoming. We shall just now hear, that she was sent to Dunuotter, where she continued three months, and thereafter nine weeks at Leith in prison ; during all which time, upon every occasion, she still declared, that it was neither con¬ tempt of authority, nor prejudice at any man’s person, M as the clause of her non¬ conformity, but real scruples of conscience. During her imprisonment at Dumfries, her family was frequently quartei-ed upon ; and when any disorder happened among the soldiers, they would put them in the chamber where she was prisoner, she having no other company with her, night and day, but them, and some of her oxvn children. She was called before colonel Douglas, Queensbei-ry’s brother, and, upon refusing some oath he put to hei', she had an indict¬ ment given her, and was laid in the thieves- hole for a fortnight, where she had no company but a poor demented man, and a woman suspected of murder. After this she Mas brought before colonel Douglas, Lagg, Earlshall, Claverhouse, and an assize. The judges proposed many questions to her upon assassinations and murder. She de- clared she was neither author, approver, nor actor of any such practices, and regretted that she should be suspected of any such things, having been so long in prison : and desired her widowhood, and the case of her poor children, might be considered, and her vast losses by her long imprisonment. The colonel said she could not be but guilty of all that could be laid to the charge of any, though she had carried so as nothing could be proven ; and urged her to give bond of five thousand merks, to depart the kingdom by the 20th of ( ^ May ; and not being able to do this, she Avas committed to prison for tAVO months, though nothing could be proven against hei\ About the 5th of May, a party of sol¬ diers came into Dumfries, to carry away the prisoners there, about tAventy-nine in num¬ ber ; some of them aged persons, some Avomen with child, and a cripple, who was foi’ced to Mralk forty miles on his crutches, till he got a country horse. At this time, Mrs Macbirnie Avas confined to her bed, and rendered secure by some promises made her. However, when all the rest of the prisoners were delivered to the guard, a corporal came to her, acquainting her, she behoved also to go Avith them. She told him, she Avas not able to travel, and had made no provision, and was no way ac¬ commodated for such a journey. He in¬ sisted, and two town-officers came from the bailies, as they said, to help her down staii-s, for indeed she Avas not able to walk. Accordingly, she was instantly carried axvay, and not being able to travel, wws set behind one of the dragoons, and carried into Edinburgh, and then down to Leith, where, without being permitted to refresh themselves, they Avere straight hurried in¬ to a boat, and carried over to Burntisland. There they found the rest of the prisoners on their M’ay, as AAre have heard, to Dun- notter, and I shall noAV only remark some passages not hinted at in the former account. The laird of Gosford M’as sent over by the council, and after some of the prisoners had taken the oaths then imposed, the i-est Avere committed to the Fife militia. Lieu¬ tenant Beaton of Kilrinnie Avas very rude, and beat some of the old women among them, Avhen not able to Avalk so fast as he Avould have them, thrusting them forAvard, and crying to the soldiers to thrust their pikes in them, for they were feigning them¬ selves, calling them old baAvdsand Ax itches, wishing the devil to take them and their religion. In their journey, when thrust in¬ to houses and tolbooths, they were so throng, that they were almost suffocated, and several of the women fainted. By the Avay the pipers derided them Avith their foolish songs. When they came into Dun- THE HISTORY OF THE SUFFERINGS [BOOK III. 328 notter, they were put very hard to 168o. ^ £or an(j entreated the sol¬ diers to draw them some water from a well in the closs, or permit them to do it. The soldiers drew them a barrel of water, and when they, unwilling to use them to this custom of selling water, refused them money for each draught of it, the soldiers poured it in among them in the vault where they were, which very much incommoded them. The more earnest entreaties they used, and letters of recommendation they got, to George Keith their governor, the more severe and hard he grew upon them. He absolutely refused to permit the country people to help them with bed-clothes, neither would he supply the poor among them with meal, as the council, they were informed, had appointed. He forced them to buy all their provision from a relation of his, who furnished them with what was very insufficient. They were sadly dis¬ turbed by the sentinels when at worship. At length, when several of the prisoners were dead, through this harsh dealing, and many of them sick, and all of them in a very loathsome condition, for want of change of clothes, the governor, for fear of an infection, separated some of them from the great vault, and put them in different rooms, some of them in other vaults, with¬ out air or light, others to ruinous high chambers, where the windows were all open, and no fence against wind or rain; and they were not so much as allowed to light a candle, to look after the sick and dying in the night time. Several of their friends, who came to visit them, were made prisoners, and sent with them to the plan¬ tations ; and when the council ordered them back to Leith, they were flightered and bound in twos and threes with cords. At Leith, about eighty of them were ordered, by a committee of council, to the planta¬ tions. Mrs Macbirnie escaped transporta¬ tion, by a mistake of her name in the clerk, and continued a good while in Leith tol- booth, and at length was liberate on bond to compear when called. However, the sherifl-depute kept possession of her goods, and threatened her person if she returned to Dumfries, arrested the rent of her | houses, and in collusion with a gentleman [ I who pretended a right to a small interest belonging to her, past a decreet of remov¬ ing in his favours, without summoning her or her fatherless children, and she knew nothing of it, being at Edinburgh, till the other was in possession.* Having thus given some view of the sufferings of those good people sent to Dunnotter, I come now to glean up some other severities used up and down the country this summer ; and I shall be very short upon them, for instances are end¬ less, and by this time in some measure needless. Upon the Ctli of June, Claverhouse, with a great body of militia, and some soldiers, came down the water of Nith, and in the * In the churchyard of Dunnotter, a tomb¬ stone is erected, to the memory of those who died when confined in the castle, upon which is the following inscription : “ Here lyes John Scott, James Aitchison, James Russel, and William Brown, and one whose name we have not gotten ; and two women whose names also we know not ; and two who perished comeing doune the rock, one whose name was James Watson, the other not known, who all died pri¬ soners in Dunnotter castle, Anno 1685, for their adherence to the word of God, and Scotland’s covenanted work of Reformation. Rev. 11th chap. 12tli verse.” Dunnotter castle, from its situation, extent, and magnificence, forms one of the most majestic ruins in Scotland. It was built, during the contest between the parties of Bruce and Baliol, by an ancestor of the Mar- ischal family. Before the use of artillery it was deemed impregnable ; and this may have been the reason why the Regalia of Scotland (now in the castle of Edinburgh) were deposited here in 1641, to preserve them from the English army. They were preserved safe under the care of George Ogilvie of Barras, the depute-governor, till 1651, when the castle was closely besieged by general Lambert. Mrs Granger, wife of the minister of the neighbouring pariah of Kinneff, having got permission to visit the governor’s lady, contrived, with the assistance of her maid¬ servant, to bring away the Regalia with the knowledge and consent of Mr Ogilvie ; and they were preserved safe sometime in the manse, at other times under the pulpit of the church, till 1660, when they were delivered to Mr Ogilvie, who restored them to the government. For this service Mr Ogilvie was created a baronet ; and Sir John Keith, brother to the earl Maris- chal, was made earl of Kintore; but honest Mr Granger and his wife had neither honour nor reward. The council indeed voted Mrs G. 2000 merks Scots, but it does not appear to have been ever paid. The place where the prisoners were cruelly confined, is still pointed out, and it goes by the name of the “Whig’s vault.” A list of the names of the prisoners is kept in the sheriil- court office of the county. The whole tragedy reminds us of the scene of the Black Hole at Calcutta. — Ed. CHAP. IX.] OF THE CHURCH OF SCOTLAND. 329 parish of Kirkonnel, and on both sides of the water, he apprehended multitudes both men and women ; they were mostly remit¬ ted to the officers of the militia, and they caused many to swear never to lift arms against king James VII. under pretext of religion ; and with others they went further, and obliged them to swear, that if they were taken by a contrary party, they should use all endeavours by night or day, even to the hazard of their lives, to leave them, and inform the commanders of the king’s forces, or the next magistrate, of the numbers and strength of these on the other side. This imposition of oaths, in so arbitrary a manner, hath been once and again observed as one of the unaccountable burdens of this period. However, such as would not pre¬ sently swear whatever was put to them, the forces and militia carried them about with them prisoners, wherever they went, binding them together in twos and threes, to their great hurt in their business and bodies ; and Claverhouse and others would mock them, telling them, they would not weary to run from hill to hill to hear ser¬ mons, and direct the rebels. Horrid and blasphemous were some of the expressions used by the profane soldiers, which lie before me, but I shall not pollute my paper nor the reader’s eyes with them. This same month, Gilbert Macadam, son-in-law to the forementioned James Dun in Bluewliat, in the parish of Dalmel- lington, was murdered, which I might have noticed upon the sixth section. In the year 1682, he was taken prisoner, and carried into Dumfries. His crime was mere nonconformity. His father-in-law went in and gave caution to produce him when called, under four hundred pounds penalty, which was, upon his noncompear¬ ance, exacted. In a little time Gilbert was taken again, and carried in prisoner to Glasgow, where, refusing the oath of allegiance with the supremacy, he was banished to the plantations, and went oil in captain Gibson’s ship. His father gave him twenty pounds sterling with him, and by this he bought his freedom in America, and re¬ turned back this year ; and upon a Saturday s night, in the house of one Hugh Campbell, near the place of Kirkmichael, being with some of his friends at a meeting j for prayer, a company of militia, under the command of Colzean, surrounded the house. Gilbert was most obnoxious, had he been taken, and essayed to escape : the soldiers perceiving him, discharged their pieces, and killed him. He had really bought his freedom, and was convict of no crime since. He was a person of shining piety. James Brown in the parish of Coulter, was very barbarously treated, about the middle of June this year, of which I have before me an attested account. When fishing, he was discovered by Claverhouse when ranging up and down the country, and apprehended. A powder-horn was found upon him, and that was fault enough. Claverhouse declared he was a knave, and must die. Accordingly, six of the dragoons dismounted, and he is set down before them to be shot. By the intercession of the laird of Coulterallers, providentially present with Claverhouse, his execution was delayed till next day, and James carried away by the soldiers to the English border, and from thence to the tolbooth of Selkirk, being all the while bound with coids. After some time’s imprisonment there, he happily escaped. Upon the 13th of June, I find two regiments of soldiers come into New Gallo¬ way, and dividing themselves to different places, they quite ravaged the country, without any pretended crime. They de¬ stroyed vast and almost incredible numbers of sheep and black cattle belonging to such who were alleged not to conform, and people that were related to them. This summer Claverhouse, in his march from Galloway to Ayr, assembled all the men in the little town of Dalmellington, and near by, and obliged them by oath to renounce the covenants, and purge them¬ selves of reset and converse with rebels. New and ensnaring oaths were never wanting upon every new turn this year. George Macadam, merchant there, and another of the same name, with Thomas Sloss, refusing to swear, were carried prisoners to Edinburgh, and detained there a long time. About this time, the whole army came 2 T 330 THE HISTORY OF THE SUFFERINGS [BOOK III. to the west country, and the abuses ' and ravages committed by them in going through the country, and where they stayed any time, cannot be calculated ; but the reader will be in case to make some estimate, from a distinct account I have from living witnesses in the last named small parish. The whole forces under the earl of Dum¬ barton, together with the Lothian militia, in all about six thousand men, encamped about three weeks in the corn and meadow grounds, about the little village of Dalmellington. My lord Stair and Cesnock’s lands were appointed for free quarter, and indeed en¬ tirely plundered by the soldiers, and the whole parish fell under the common calam¬ ity. Any rooms or farms possessed by any of the relations of the wanderers and suffer¬ ers, were abused in a particular manner. That the reader may have some view of the miserable state of things under this oppres¬ sion, I shall point at a few particulars. The following troops were sent to the following rooms, fourteen days upon each, at free quarter. A troop consisting of sixty horse and men, in the Nether-laight, possessed by James Dunn. Another troop was quartered upon the Dunaskies, possessed by two ten¬ ants, Ronald Rob, and Anthony Bizzart. A troop upon Minivoy, possessed by William Macadam ; and fifteen horse and men were quartered upon John Paterson in Penny- veinzie. The reader needs not my help to compute what oppression this was to those honest people. That very first night the army encamped there, were brought into the camp from Blue what, five score of nolt, fifteen score of sheep, as is attested by John Macadam and John Davidson, herds there, yet living. These were all quickly con¬ sumed, and nothing ever was paid for them. William Hoitson of Beubeoch, sustained the loss of eighteen score and fourteen old sheep, nine score of lambs, and fifteen nolt, besides all his household plenishing, with two bolls of bear, and five of meal, which he is ready yet to verify, and severals of his neighbours yet alive. William Hoitson was never convict of the least irregularity, and no crime against the government could so much as be alleged ; only he was married to James Dick, tacksman of the ground, his daughter, and he was a nonconformist. Besides all this, and much more, which cannot be calculated at this distance, the inhabitants of the town lost much, by the seizing of their household-furniture, and every thing in the way for the use of the camp, and by a general plunder when the army removed. This may give us a view of the oppression of this army. Had ma¬ terials come to my hand as distinctly from the rest of the country, as from this parish, what a black view might we have had ! In short, great and unspeakable were the hardships the west and south were brought under this summer, after the defeat of the attempt made by Argyle, though the earl had no assistance from this country. The army were triumphing in their success, and kept no bounds in what they did. In J uly this year, William Marshall, smith in Glasgow, was apprehended in Evandale, when going to hear a sermon, as was pre¬ tended, merely because he wanted a pass, and straightway carried in prisoner to Ed¬ inburgh, and in August was banished to the plantations, without being convict of any crime but nonconformity. I shall end this section with an account of a very exorbitant fine. In September this year, when executions were very much over, the old trade of fines for couventicles was revived. There is before me an origin¬ al letter from a sheriff-clerk, to a gentleman, dated this month : the direction is torn off, but I have ground to think it is some gen¬ tleman in Stirlingshire or Fife, of whose circumstances I cannot judge; but the sum is evidently exorbitant, and lets us see at what rate fines were now accumulated for irregularities, to the ruin of gentlemen’s estates. The letter follows. “ Honoured Sir, “ I love not well to be the first author of ill news, but I find myself concerned to give you an account, that the sheriff hath this day signed a decreet against you and your lady, for a great and prodigious sum, for house-conventicles, and withdrawing from the church these many years. It comes near to sixty thousand pounds Scots. I shall forbear extracting till the 29th instant, when the sheriff will be here. My lord Balearras is to be here on Thursday next ; so it is fit you bestir yourself to see what may be CHAT. IX. OF THE CHURCH OF SCOTLAND. 331 dono to stop it. 1 have done all I can for you, but in vain. Sir, 1 ana, “ Your humble servant, “ Al. Napre.” A. iS'». September 2 2d, 1685. SECT. XII. Of the hardships of the prisoners transported to America , with Pitlochy, in September, particularly those of the laird of Barma- gechan. Having in the former section given the his¬ tory of the sufferings of these good people who were taken to Dunnotter this summer, I am now to follow a good many of them to America. Argyle’s invasion being now over, and no more fears from that airt, the council began to weary of the prisoners at Dunnotter, and brought them back to Leith, as we have seen, where another essay was made to bring them to comply with the impositions now put on people in their circumstances ; and upon their refusal, they resolved to send good numbers of them to the plantations, and so rid themselves of any more trouble about them. Accordingly, after near three months’ severe treatment at Dunnotter, they come to Leith, two of them were left be¬ hind as dying men, of which Quintin Dick, so frequently mentioned, was one, and in his remarks formerly cited, he hath some sweet observations upon providence timeing his sickness at this juncture. He recovered in some time, and wras overlooked, and got safe home to his own house, and lived some years to reflect with pleasure, and re¬ cord the Lord’s wonderful steps of kindness to him, and his goodness under, and after all those sore troubles he underwent. Not a few who were in the great vault were sick, and allowed horses upon their own charges. The Reverend Mr Frazer was very infirm and weak, and yet the captain by no means would permit him to have the benefit of a hired horse, as several others had. The foot had sixty-six miles to travel, and their hands tied behind their back with small cords. From Dunnotter they were carried to Montrose tolbooth the first night, from thence to Arbroath, from thence to Dundee, from thence, upon the Sabbath, to the Cowpar of Fife, from thence to Burnt¬ island, and thence to Leith. The council were pleased to come ^ down to Leith, and sit in the tol¬ booth there, and spent some time in the re-examination of the prisoners. It was but very few complied with their imposi¬ tions, and they were dismissed. Others, who were very weakly, and had some friends to intercede, got off upon a bond of compearance when called, as Mr William M‘Millan, who- gave bond as above, under the penalty of five thousand merks. The most part of them refusing the oaths, and to satisfy in other particulars, were perpe¬ tually banished to America, and many of them were gifted to the laird of Pitlochy, to be carried thither. William Hannah, formerly mentioned, in the parish of Tun- nergarth, when brought before the lords, and refusing the oath of allegiance with the supremacy, was threatened with banish¬ ment. He told them, that he was now too old to work, or go to war, and he reckoned he would be useless there. Old general Dalziel took him up very bitterly, and re¬ plied, he was not too old then to be hanged, and he would hang well enough. That same day, as my information bears, August 22d, the general died suddenly, and William’s age and sickness prevented his being carried away with the rest. In a few weeks he fell very ill in prison, and appearing to be in a dying condition, he was liberate, and got home, after very hard sufferings for three years and more. The names of as many as are come to my hand, who were banished, shall be in¬ sert just now. Let me only remark, that such who had not to pay their freight, were gifted to George Scot laird of Pitlochy, who freighted a Newcastle ship, Richard Hutton master, bound for New-Jersey; and all the persons now banished were committed to his care. I cannot give an account of all the names of such as were banished with Pitlochy ; the reader hath not a few of them above, section 4th. Several of their testi¬ monies and letters they wrote to their friends toward the end of August are be¬ fore me ; and particularly an original letter, from about twenty-eight of them, dated Leith Road, August 28th, 1685, directed to their friends, too long to be here insert. In short they signify, “That now being to leave their own native and covenanted laud 332 THE HISTORY OF THE SUFFERINGS [BOOK III. 168" ky an unjust sentence of banish¬ ment, for owning truth, and hold¬ ing by duty, and studying to keep by their covenant engagements and baptismal vows, whereby they stand obliged to resist, and testify against all that is contrary to the word of God and their covenants ; and that their sentence of banishment ran chiefly because they refused the oath of allegiance, which in conscience they could not take, because in so doing, they thought they utterly declined the Lord Jesus Christ from having any power in his own house, and practically would, by taking it, say he was not King and head of his church, and over their consciences ; and on the contrary, this was to take and put in his room a man whose breath is in his nostrils, yea, a man that is a sworn enemy to religion, an avowed papist, whom by our covenants we are bound to withstand, and disown, and that agreeably to the scripture, Deut. xvii. 14, 15.” They go on to leave their testimony against the evils of the times, and for the preaching of the gospel in the fields and houses, and sign as follows. “ John Kincaid, George Muir, George Johnston, Robert Young, Thomas Jackson, Andrew Paterson, John Harvey, John Foord, Christopher Strang, William Spreul, Peter Russel, Robert M'Ewen, John Henderson, John Seton, John Gilfillan, Charles Honyall, James Grierson, James Forsyth, Walter MTgne, John M'Gliie, Adam Howie, James Muirhead, Annabel Gordon, Margaret Leslie, Agnes Steven, Margaret Forrest, Jean Moffat, Annabel Jackson.” Besides those I have before me letters of John Arbuckle, John M'Queen, a letter signed I. D. and K. G. and another signed Janet Symington, all of them ban¬ ished at this time, with many others whose names are not come to me; we shall just now find some of them among those who died at sea in the voyage. In the same ship likewise were Mr John Frazer, and that excellent gentleman Robert M‘Lellan of Barmagechan, of whom more just now, William Niven in Pollockshaws, with a good many others who had endured Dun- notter cruelties. And it is mostly from Mr Frazer and Barmageclian’s account of this voyage, that I am to frame the follow¬ ing- narrative of it. Several others were likewise in the vessel, who retired from their native country to settle in America, as the reverend Mr Archibald Riddel, whom we had in the former part of this history, and his wife, and several of the relations of such who went over. The prisoners lay some time in the road of Leith, before all was ready, and sailed the 5th of September. Informations before me bear, that Pitlochy tampered with some of them, particularly James Forsyth, to get money before they sailed, offering for five pounds sterling paid now, to set him at liberty as soon as they came to land. But James answered, he would give him no money to carry him out of his native land, adding he had done nothing worthy of banishment. After they had turned the land-end, the fever began to rage in the ship, especially among such who had been in the great vault of Dunnotter. Not a few of them were sick when they came aboard, and no wonder, considering the barbarous treatment they had met with ; besides, much of the flesh which the captain of the ship had provided for the prisoners began to stink before they sailed out of Leith road, and in a few days it was not eatable. In a month’s time the fever turned malig¬ nant, and few or none in the ship escaped it ; in so much that it was usual to cast over board three or four dead bodies in one day. Most of the ship’s crew, except the captain and boat-swain, died. Pitlochie who had freighted the ship, with his excellent lady, died likewise, and so enjoyed nothing of the produce of near a hundred prisoners gifted him by the council ; and near seventy per¬ sons died at sea. I have before me a list of the passengers and prisoners who died at sea. It concerns the design of this history only to record the names of the prisoners, and they are as follows ; Thomas Graham, Gilbert Monorgan, John Smith, William Cunningham, John Muirhead, Thomas Jackson, Kathrine Kellie, Andrew M‘Lellan, Thomas Russel, John Hodge, Thomas Gray, John Ramn, John Swintou, John Kippen, William Sprat, James Ward- rope, John M‘Kenman, Thomas Finlater, John Hutchison of Wardlaw, William M‘Millan, Agnes Cohalh, John Kirkland.” OF THE CHURCH OF SCOTLAND. 333 CHAP. IX.] Perhaps several of the passengers might be likewise sufferers, but able to pay their freights ; but I have not set them down, for shortness. J find further in the list, Mr John Vernor and his wife, Pitlochy and his lady, and the lady Aitherny, Mrs Riddel, Mrs Eupham Rigg lady Aitherny’s daughter, William Rigg, her son, Mr William Ged, and Mr William Aisdale, minister. Not¬ withstanding of this raging sickness, and great death, much severity was used toward the prisoners at sea, by the master of the ship and others: those under deck were not allowed to go about worship by them¬ selves, and when they essayed it, the cap¬ tain would throw down great planks of timber upon them to disturb them, and sometimes to the danger of their lives. We have heard of the badness of then- provisions already. Many were the disasters of this voyage. The ship was at the utmost hazard by the breaking up of a leak at two several times. They had several calms, and some pretty severe storms. The captain, after Pitlochy’s death, began to tamper with Mr Johnston his son-in-law, who now had the disposal of the prisoners ; and it was projected to carry them into Jamaica or Virginia, and the master offered to take all the prisoners there from him, and pay him in bulk. It was urged for this, that the markets were much better there for servants than at New Jersey. When they are thus treating, and near an issue, very much for the ad¬ vantage of the passengers and prisoners, the wind turns straight for New Jersey, and they were forced to sail with it. There they arrived about the middle of December, after they had been about fifteen weeks at sea. At their landing many of them were sick; and Mr Frazer observes, that a worthy gentleman from the west of Scot¬ land died among their hands as they were carrying him ashore. The same person observes, that “ partly of such who volun¬ tarily offered themselves to go abroad from the kingdom of Scotland, and partly of such who were persecuted by banishment, there were upwards of 60 died at sea, whose blood (adds he) will be found in the skirts of enemies, as really, as if they had died at the cross and Grass-market of Edin¬ burgh.” Before the prisoners came ashore, it was once intended by Mr Johnston) to whom Pitlochy had made them over, to stop their getting out of the ship, till they should all of them, under their hand, sign a voluntary declaration, as it was called, that they offered four years’ service at that place. But this they would not yield unto ; yea, a considerable number of them joined in a protestation against their banishment, with a large narrative of the hardships they endured during their voyage, and formerly, for conscience sake. When the prisoners came ashore, the people who lived on the coast-side, and had not the gospel settled among them, were harsh enough to them, and show ed them no kindness. A little way up the country there wras a town where there was a minister settled, and the inhabitants there w-ere very kind to them. When they had information of the prisoners’ circumstances, they invited all who were able to travel, to come and live with them, and sent horses for such as were not, and entertained them that winter freely, and with much kindness. In the following spring, Mr Johnston, upon his father-in-law’s gift of the prisoners, pursued them, and got them all cited before the court of that province. After hearing both sides, the governor called a jury to sit and cognosce upon the affair. They found that the pannels had not of their own accord come to that ship, nor bargained ff'ith Pitlochy for money or service, and therefore, according to the laws of the country, they were assoiled; upon which most of the prisoners retired to New England, where they were very kindly entertained, and employed according to their different stations and capacities. Pitlochy proposed to be enriched by the prisoners, and yet he and his lady died at sea in the voyage. He sold what remained of the estate to pay the freight, and much of the money remain¬ ing was spent upon the law-suit in New Jersey. Thus it appears to be but a hazardous venture to make merchandise of the suffering people of God. A good many of the passengers and prisoners died in the plantations, the rest returned to their 334 THE HISTORY OF THE SUFFERINGS [BOOK III. native country at the happy revolu- tion, — Mr Riddel, William Niven and others, and particularly the laird of Bar¬ magechan, of whose sufferings I come now to give a more particular account from a narrative I have from his nearest relations. Robert M‘ Lei lan of Barmagechan, in the parish of Borg, and stewartry of Kirkcud¬ bright, was born of parents who were presbyterian, and carefully educated in the principles of the church of Scotland. In his younger years he profited much under the ministry of that excellent person Mr Adam Kay minister at Borg. After he was forcibly removed from them, and a curate obtruded, Mr M‘Lellan, with the godly and religious people in that parish, found it their duty to disown the episcopal minister, as neither called of God to the place, nor invited by them. Great was the oppression of all that country, as hath been noticed, for their faithful adherence to presbyterian ministers, and Barmagechan had his own share. In February 1666, Sir James Turner sent a party of soldiers to his house, and there they lived at discre¬ tion, till he paid the exorbitant sums of money Sir James was pleased to demand for his nonconformity. After they had eaten up what he had, and destroyed much of his plenishing, and taken away what they could not destroy, and were still coming back in parties, Mr M'Lellan was advised to go and wait upon Sir James, and seek an order for removing his soldiers. Sir James, instead of this, seized his person, and con¬ fined him in his court of guard, till he should pay his fines for nonconformity, and the cess likewise imposed at this time for maintaining the army. Here Barmagechan continued some time, till the soldiers, having no more subsistence about his house, were removed ; and they were next sent to that of his mother-in-law, a worthy old gentle¬ woman, till she should pay her fines for nonconformity, and her share of the cess. All this time. Sir James had not let him know what sum he would take for his line ; at length, after his house and goods had been destroyed, he liquidated the line to six hundred merks, and sent a party of horse to quarter upon him, and ordered him to pay to each of them two shilling sterling a day, as long as they lay upon him, which was till he paid his fine. This heavy op¬ pression put Mr M'Lellan to rise with others of his neighbours, against Sir James, and he was with that party who wore defeat at Pentland; after which he fled to England, and lived privately four years. His estate was forfeited, and a friend of his compound¬ ed the forfeiture for two thousand merks, which he paid. The severities of the government slackening a little, he returned to his own house, and lived privately for some years. Yet not so privately, but the curate and others about knew he was there ; and because now and then he went and heard presbyterian ministers, the soldiers were hounded out upon him, and he was sadly harassed for several years, so that he scarce had any liberty to live at his own house. He joined again, with others in his cir¬ cumstances, at Bothwell rising, after which he retired a second time into England, and was a second time forfeited, as we have heard. The violences done to his family and friends about this time, were many and inexpressible. Claverhouse came w ith a party to his house, and after he had seized the corns and cattle, he was going to take away all his moveables, but a com¬ position wras made, and a hundred pounds paid him. The lady Nithsdale, a bigotted papist, got a gift of his forfeiture, as like¬ wise of many others in that country, and miserably oppressed his tenants, drove their cattle, and exacted much more than their rent. His family was thus scattered, and he upon his hiding in England, where, to¬ wards the end of the year 1681, Squire Dacres seized him, with several other Scotsmen lurking thereabout, and sent them prisoners to Dumfries. Mr M'Lellan never disowned the king’s authority, as several about this time did, yet was as harshly dealt by as any of them. He was close confined in the castle of Dumfries, and laid in the irons for several days. From thence he was carried to Leith with the rest of the prisoners, and in a little time brought up to Edinburgh, and put in close prison, with fetters on his arms. Thus he continued from November till May this year, w hen he was sent to Dunnottcr, and CHAP. IX.] OF THE CHUKCH OF SCOTLAND. had his share of the severities of that place. When they came back to Leith, he ivas banished to America, and three of his chil¬ dren went with him in Pitlochy’s ship. His wife, with three other children, were left in Scotland upon the care of providence. It pleased the Lord to preserve him and his three children in the voyage. He him¬ self was extremely weakened by sickness, and behoved to be carried in men’s arms out of the ship, when they landed. How¬ ever, iu a little time after he was ashore, his health returned, and he with his family set up in a plantation at Woodbridge in New- Jersey, which he purchased. In this place he had the advantage which he very much valued, of having the gospel preached to him and his family, by Mr Archibald Riddel, who stayed with him at New¬ bridge, having a call from the congregation there, as likewise from Long-island, where he might have had a far greater encourage¬ ment ; but Mr Riddel chose Woodbridge, and it was well he did so, otherwise pro¬ bably he had scarce returned to Britain, where all his losses were made up, and he and his four children were in better cir¬ cumstances than he had conformed to pre¬ lacy. There Barmagechan continued from December this year till June 1689, when they had accounts of the comfortable turn of affairs in Britain ; upon which he re¬ solved to return to his native country. Accordingly, June 1689, they sailed for England, and were favoured with excellent weather, so that they found themselves on the coast of England the second of August ; but there they were taken by a French man-of-war, and carried prisoners to Nantz. From thence they were carried to Roch- ford, a common gaol, where there were near two hundred prisoners, English and Dutch, who were almost all sent to Thou- lou. They were chained two and two by the arm, and at first, each ten pair were tied with a rope ; but that was found such a hinderance in the journey, that after the second day’s journey the ropes were no more used. Mr Riddel was chained to his son, a boy of ten years of age, for whom they were at the pains to make three dif¬ ferent chains, before they got one small enough for his wrist. In this long and 335 wearisome journey several of the company died. When Mr M‘Lellan, through weariness and age, was unable to travel, he made application to the cap¬ tain of their guard, that he might be al¬ lowed the benefit of one of their carts, to help him forward some part of the way. He was answered by many lashes on the face with his whip, by which he lost the sight of one of his eyes. After six weeks’ travel, they came to Thoulon, where they were not allowed a land prison, but were put into a large old ship lying upon the sea. There he conti¬ nued nineteen months, and came through much sickness, and had none to look after him but his son, a boy scarce twelve years of age, who was now and then permitted to come ashore. Barmagechan and his son, with a few others, being sick, continued there, but all the rest, after a month’s rest, returned the same way they came, to Rochford, and thence to Denain near St Mala, where Mr Riddel continued more than a year, in a vault of an old castle, with some hundreds of other prisoners. They lay on straw, never changed save once a month, and were oppressed with nastiness and vermin. After two and twenty months’ imprisonment, Mr Riddel and his son were exchanged for two popish priests, whom the council of Scotland gave for them. At length there came an exchange of prison¬ ers, and those at Thoulon were liberate ; but the French king would not allow them to come back through France, but gave them a pass, and put them in a ship going to Genoa. This occasioned a new scene of difficulties to them. At Genoa, Bar¬ magechan got into a Hamburgh vessel, bound for Cadiz in Spain, whence he came in a fleet bound for Amsterdam; but meeting with a storm on the back of Ire¬ land, the ship he was in was forced into Bantry-bay in Ireland. There the Irish seized upon their company, stripped Mr M'Lellan of his clothes, and he continued eleven days among their hands under terrible hardships. When notice was given to the government, the ship was looked after, and the Irish obliged to bring back the prison¬ ers, and they with the ship sailed up to Dub¬ lin. Through the inhumanities lie met 336 THE HISTORY OF THE SUFFERINGS [BOOK III. with among the wild Irish, his naked- 1-685 ° ’ ■ ness and want of necessaries, Mr M'Lellan fell very ill for some weeks at Dublin, but it pleased the Lord to recover him ; and as soon as he was able, he came down to the north of Ireland, and got home safe to his own house at Barmageclian, the last day of October, IC91. Thus, from the attested relation of this gentleman’s nearest friends, I have given the reader a taste of his long and sore dis¬ tress for conscience sake. He felt first the fury of the party in Scotland, who were upon the French and popish bottom, then of the French king, and last of all of the Irish papists ; their methods of cruelty w ere much of a piece : and as the severities of the first were the inlet to the rest, so they exceeded them in their length, and some other circumstances. And after all, this excellent person had no reparation after the revolution, only he possessed his own lands again. SECT. XIII. Of the sufferings and deaths of which Ihave not the particular dates, with some other incidental things, this year, 1685, not for¬ merly noticed. I come now to end this year, wherein so great abundance of matter hath offered. Some very barbarous murders, not observed in their own room, for w ant of their parti¬ cular dates, 1 have referred to this place ; and I shall add some other particulars, which come not so wrellin under the former heads. The multitudes of murders in cold blood, and other cruelties committed this year, is the occasion why I want the exact dates of several of them ; yet I am not will¬ ing the reader should want any informations come to my hand, of the severities exercis¬ ed; and therefore I insert them here, with¬ out any order, just as they offer. Some of them might have appositely enough come under the former sections; but I have re¬ served them altogether for this. I may well begin with Andrew Macgill son to John Macgill of Aryclaioch, in the parish of Balleutree in the shire of Ayr, I his young man wras taken about the last of December, 1684. He was all along a nonconformist, and it was alleged he had been at Both well, but there was no proof of it I can find. In a day or two after he was taken, he was executed at Ayr in the be¬ ginning of this year. I have no more about him, but, I suppose, it has been upon the account of his refusal to disown the society’s paper. His father’s sufferings were not small last year and this ; and the reader may take a short hint of them from an at¬ tested account before me. After Both well, the laird of Broich came and dispossessed him of his house, and seized his moveables, which were bought back for a consider¬ able sum. In the month of March this year, as if the execution of his eldest son a little before had not been enough, colonel Douglas came and spoiled John Macgill’s house, and what the soldiers carried not away with them, they endeavoured to make altogether useless. And to complete the barbarity, the colonel caused carry out John’s remaining son, Fergus (or Gilbert) Macgill, from his bed, w here he was lying very ill, to shoot him before his door. What the pretext wras I cannot say, my information not bearing it. When the soldiers carried him out, Fergus w as so weak, that he faint¬ ed among their hands, and so, it seems, humanity prevailed for once, and they left him in his fainting fit, to be looked after by his friends. This same summer, when John had again plenished and furnished his house and room, colonel Buchan came upon him with another party of soldiers, and took away what was portable, and spoiled the rest. The colonel interrogated John, if he thought it lawful, in his opinion, to defend the preaching of the gospel by arms. This good man answered, he thought it was ; and thereupon he carried him away prisoner with him, in which condition he continued some time, till, at my lord Bargeny’s inter¬ cession, and upon paying an exorbitant fine to Ardmillan, he was let go. In the same parish I find another good man, Thomas Richards in Straw braickan, this year, brought to the gates of death, and much trouble. He wras obliged to hide, for refusing the oaths now imposed, for a considerable time ; at length he was sur¬ prised by a party when asleep in a house where he was hiding. Buchan’s soldiers CHAP. IX.] OF THE CHURCH OF SCOTLAND. 33 7 carried him away with them to Stranraer, whither they were going, and brought him back again to Ballentree-. Here his friends set upon him, and endeavoured to bring him to a compliance, but could not prevail. Then the commander of the party ordered him to be bound, and carried out to the fields, and gave order to four of his men to shoot him. When lying bound there, mat¬ ters were so ordered, that his friends came thronging about him, and begged the soldiers might spare him but a little, and they hop¬ ed to prevail with him to comply. Thomas hearing this, called out to them, that their dealing with him would be altogether in vain, adding, he was not unwilling to die, especially among his friends, and even a violent death, before he made any sinful compliances. Upon this his Christian gal¬ lantry and resolution, the captain thought good to proceed no further. Thomas was taken into Glasgow, where, after a month’s imprisonment, his ears were cropt, and he was, with several others, put into a ship going to Jamaica, and there sold as a slave for seven years. This he endured, with abundance of hardships. And when his time was out, and he just coming home to his native country, he sickened and died in that place. When he was carried into Glasgow, he had six good horses taken from him ; many of his goats were shot, and his house plundered, without any compassion showed to his wife and four small children. About the time when the five men were, as hath been observed, murdered at Inglis- ton, the heir of the estate, who M as former¬ ly forfeited, had his lands given to the laird of Stonehouse, and ho not only possessed the lands, but uplifted two thousand and forty eight pounds of the lady Ingliston’s portion not paid, and reduced her and her children to the greatest straits, merely for pretended converse with her sons and friends, who did not comply with the ini¬ quity of the times. Another instance of singular severity comes to my hand, from the parish of Pen- ningham, this year. By order from David Graham, sheriff of Wigton, a party of the soldiers, u'ith the sheriff-officers, came to Barn-kirk, a part of Castlestuart’s lands in that parish, and there apprehended a gentle¬ woman, Sarah Stuart, spouse to William IV. Kennedy, who, for noncompearance, had been denounced. They cut the 1 roof of the house, and threw it down to the ground, after they had seized and spoiled the plenishing. Then they forced the gentlewro- man to go with them a foot, six miles of Gal¬ loway measure, to Wigton, bearing in her arms a child not yet three quarters old, and to leave her other three children without so much as a servant to look after them, though the eldest was but of eight, the next of five, and the other not three years of age. At Wigton she was, with her sucking child, kept in prison eleven weeks. This gentlewoman was no way obnoxious to the then laws, being a conformist with prelacy, and nothing could be said against her as to her religion and practice, only they would oblige her to sw'ear she urould never con¬ verse with her husband now put to the horn ; but as soon as she knew where he was, she would discover him, and inform against him, that he might be apprehended. This she peremptorily refused. Thus the reli¬ gion and government of this time M as cal¬ culated to eradicate the very principles of nature; and wives this way Mere forced to concur in shedding the blood, or at least ruining the outward estate of their husbands, who, for conscience sake, could not comply with the impositions of this period. I see no parallel to this, unless it be that practice of some of the most wdcked of the papists, who caused some children kindle the fag¬ gots wherewith their parents M ere burned ; and indeed the same spirit inspired both. John Wallace of Knockybae, in the par¬ ish of New Glenluce, was seized this year for refusing the abjuration. A party of colonel Buchan’s men spoiled his house, and took away every thing in it that made for them ; and to complete their villanies, they brought in good numbers of sheep to the church, and killed them there ; and for despatch, they kindled a fire of the seats and forms of the church, at which they roasted the sheep, and otherwise readied them for themselves. I should not have set doM'n so odd a step in Christians and protestants, had I not the attested account of it under the reverend minister of that parish his hand, which he hath from many living witnesses. This year I find great numbers dying m 2 u 338 THE HISTORY OE THE SUFFERINGS [BOOK III. prisons, and in the road to them, and 1085. jn their banishments. The accounts of those are not so full as I could wish, yet they deserve their room here, as really sufferers unto death for conscience sake, as well as such as were shot in the fields and executed publicly. The reader may guess what numbers of those were at this time, from the accounts I am to set down of ten or twelve of this sort, from the shire of Nitlisdale, and what multitudes we might have had from other places, had they been as carefully observed. James Glover, of the parish of Tinwal, was apprehended by a party of soldiers, for noncompearance and nonconformity, and in his taking he was sore mangled and wounded. He was car¬ ried into Dumfries almost in a dying con¬ dition, and from thence taken into Edin¬ burgh, where he died in prison, an instance of their cruelty and a witness for the truth. Andrew Fergusson, in the parish of Glen- cairn, was apprehended by another party this year, and refusing to comply with the oaths imposed, and to answer their inter¬ rogatories, he was carried away prison¬ er to Glasgow, where he died in much trouble and sickness, brought on by the severities exercised upon him. John Munil had been long harassed, for his refusing to hear the curates, and fled to England ; there he was seized, and sent to Dumfries, from whence he was carried into Edinburgh, where he died in prison, under much serenity and peace, OAvning to his last the truths for which he was per¬ secuted. James Muncie, a burgess in Dum¬ fries, Avas much harassed, because he would by no means be preA'ailed Avith to take the test; at length he Avas sent prisoner to Edinburgh, Avhere he died in much comfort and satisfaction of soul, taking his suffer¬ ings to be very clearly stated, in refusing an oath so plainly contradictory. John Muir- head hath been transiently noticed already. He had been once a bailie in Dumfries, and was much persecuted upon the same score, and still persisting to refuse the test, was sent prisoner to Edinburgh, where in pri¬ son he fell in a distemper, Avhich, though severe at first, appeared not very hazard¬ ous, but by no means would the managers allow physicians or a surgeon to be brought ; and he died at Leith for Avant of proper applications. James Carran, bur¬ gess of Dumfries, for his church irregulari¬ ties, as they were called, and his mere nonconformity, was banished and sent to the plantations, where he died a Avitness for the truth in a strange land. I question not but several hundreds died in their banish¬ ment, accounts of whom cannot now be re¬ covered. Andrew Hunter, likewise a bur¬ gess of Dumfries, Avas apprehended for his refusing the oaths ; and though he Avas a very old, decrepit, and infirm man, yet he Avas carried to prison, and closely shut up. There he sickened very fast, and his illness turned dangerous. All he begged, Avas only the liberty to be carried to his oavii house in the town, where he would have been some belter looked after. This could not be granted, and he died in the prison. John Stock, burgess in the same town, upon his refusal of the test, Avas sent in prisoner to Edinburgh, Avhence he Avas carried to Dunnotter, where, through want of neces¬ saries, and ill accommodation, he sickened aud died, as did several others, Avliose names cannot now be retrieved. Elizabeth Glendonning, spouse to John Panter in Baragan, of the parish of Durisdeer, for noncompliance, and not hearing the estab¬ lished ministers, Avas imprisoned for some time and sent to Edinburgh, Avhere she died in prison. John Renwick, a burgess in Dumfries, for noncompliance Avith the present impositions, was sent prisoner to Edinburgh, and banished to NeAv-Jersey, in Pitlochy’s ship, Avhere, with multitudes of others, he died. Andrew Macleffan, a free¬ man in the same town, for refusing the test, Avas in the like manner banished his native country, and died in the same vessel. James Sittingtoun, in the parish of Dunscore, likeAvise died there. I formerly noticed that excellent gentleAvoman Elizabeth Hun¬ ter, lady Kaitloch, Avho Avas turned out of her house, and Avith her small children put to the greatest hardships and straits ; and at length they were forced to leave the kingdom, and go over to Holland, where, after much trouble and sickness upon her children, she died this year. Besides those deaths and banishments this year, I have several instances before CHAP. IX.] 339 OF THE CHURCH me of severe scourgings of honest people, upon their nonconformity ; and the per¬ secutors, not satisfied with this punishment, sent a good many of them off to the plan¬ tations, after they had endured those. Two of the women sent from Dumfries to Dunnotter, were scourged at Dumfries by the hands of the hangman, merely because they would swear no oaths, and refused to engage to hear the curate of their parish. The youngest of the two was sent over to Jersey with Pitlochy. About the same time, another honest woman, upon the same accounts, with a man whom they had pre¬ vailed upon to take the test, merely because he would not depone what wandering persons they had entertained, were bound together, and scourged through the town of Dumfries by the hangman. Another poor woman in Annandale, having hired two persons to shear with her in harvest, who wanted passes, was for this scourged in the same place ; and they alleged a great deal of lenity was exercised, that she was not sent to the plantations. Jean Dalziel, an honest woman, a tenant of Queensberry’s, was banished to the plantations, because she would not promise upon oath, that she would never converse with her own hus¬ band, now declared fugitive. Agnes Hare- stanes, another of Queensberry’s tenants, was sentenced to the plantations, because she would not promise to hear the curates, and discover fugitives. She and her husband had eighteen children ; yet such a family made not the persecutors in the least to relent. I find it further remarked at this time, that when people were prevailed upon to swear the oaths now imposed, the managers obliged them likewise to promise to stand at the singing of the doxology, give all encouragement to the established clergy, apprehend all fugitives and wanderers ; and when they could not apprehend them, that they should raise the hue and the cry after them for three miles. If I should enter upon the spoilings and fines imposed upon sufferers this year, I might fill many sheets. Some hint of these may be given, by way of general estimate, at the end of this history. Two instances offer here, well vouched, of losses this way, mixed OF SCOTLAND. in with other hardships. William Campbell of Middle Welwood, was this year seized, merely for reset ot his bio ther John. Both of them were sent prison¬ ers to Edinburgh, carried thence to Dunnot¬ ter, and afterwards banished to New Jersey. When this gentleman had with some diffi¬ culty got free of Pitlochy’s representative, he came home, and next year was taken by a party of Craigy’s troop, and carried pris¬ oner to the Canongate tolbooth, where, after long imprisonment, he at length got out upon paying a fine of twelve hundred merks. The other account l set down from an attested relation, chiefly, that the reader from its particulars may be able to guess at the losses of honest people in this period, not only from their fines, but the circumstances of their finings, and the trouble they were necessarily obliged to before they got rid of them. This wdll appear from the case of Thomas Abercrom¬ bie in Dalwyne, in the parish of Bar. F or dry quarters in the year 1678, at the in¬ coming of the highland host, he expended a great sum. In the year 1679, he suffered a great loss from the quartering of dragoons for some time upon his house, and they spoiled it when they went off. In the year 1683, he paid a hundred pounds to Ard- millan, for alleged hearing of presbyterian ministers, many years ago, with fifteen pounds to his son James Crawford, and fifteen pounds to the soldiers employed against him by Ardmillan. Upon the fifteenth of November last year, at midnight, in his own house, he was apprehended, without any reason given, and carried awray prisoner, and he had money largely to give before he got off. Besides, the soldiers spoiled his house, turned down his corn-stacks, and abused his victual. In May and June this year, the soldiers, in coming and going, took of his sheep at their pleasure, and killed and ate them. In July, the camp being near his house, his loss cannot be estimated. Thomas himself was taken prisoner July 18th. His house was spoiled, and he sent into Edinburgh. There he was threatened with the planta¬ tions, when the rest of the prisoners were sent thither. To prevent this, he made some interest, and gave Sir George 340 THE HISTORY OF THE SUFFERINGS [BOOK I LI. Mackenzie ten crowns, to SirWilliam ‘ Paterson five crowns, to the under¬ clerks and other servants twelve crowns. After this paving of the way, he petitioned the council for his liberation ; which was granted upon his paying a hundred pounds tine, and giving bond to compear when call¬ ed ; and at his removal he had thirty pounds to pay to the keepers. After he came home from Edinburgh, he was attacked by Hugh Muir bailie of Carrick, for not hearing the episcopal minister, and paid him fifty pounds, and five pounds to his officers. All this he underwent for mere noncon¬ formity ; any concern in the risings was not alleged against him. And from this we may easily guess what vast sums were raised, and how much multitudes were squeezed merely for not joining with the prelatical establishment. It is now high time to come to an end of my accounts of this severe year, by gleaning up some few things more, which come not in so directly upon the former sections, and yet may tend some further to clear up the history of this year, mostly from the council registers. By those I find, the council, that same day upon which the news came of king Charles II. his death, Feburary 10th, give warrant for printing Jerviswood’s trial, the same being first seen and perused by the lord register and advocate. The procedure of the council relative to the indulged ministers this year, offers next, and I shall give what is come to my hand about them, in this place. March 12th, “ the lords of his majesty’s privy council having considered the address of Mr An¬ drew Miller indulged at Neilston, Mr James Currie at Shotts, Mr A. Murray of Wood- end, and Mr Robert Mowat late minister at Heriot, prisoners, desiring liberty for some time : the lords, in regard of their long imprisonment and valetudinary con¬ dition, give order to the magistrates of Edinburgh, to liberate them on bond of five thousand merks, that they shall not exercise any part of their ministerial func¬ tion in this kingdom, and live peaceably, and compear when called. Those worthy ministers had continued in prison since the end of the last year ; and however the council’s act carry a clause in it obliging them to desist from their ministry in Scot¬ land, yet I cannot find that they homologate this, yea, their acts of liberation did not contain this. Mr Andrew' Miller’s original warrant for liberation is before me, and 1 insert it as w'hat was the common form, used as to all of them who were liberate at this time. Edinburgh, March 12th, 1C85. “ The lords of his majesty’s privy council, having considered a petition presented by Mr Andrew Miller late minister at Neilston, prison¬ er in the tolbooth of Edinburgh, supplicating for liberty, do hereby give warrant to the magi¬ strates of Edinburgh, and keepers of the tol¬ booth thereof, to set the said Mr Andrew Miller at liberty, in regard sufficient caution is found for him, that he shall live peaceably, and compear before the council when called for. Extracted by Will. Paterson, Cl. seer, cone.” “ This is the true and just double of the prin¬ cipal warrant for setting the said Mr Andrew Miller minister, at liberty. Extracted by me J. Cameron clerk.” March 14tli, “the council order Mr Campbell and Mr Duncauson to be liberate on bond of five thousand merks, to remove off the kingdom betwixt and the day of , and mean while that they exercise no part of the ministerial office, and live peaceably.” And March 17th, “ Mr Andrew M‘Lean, Mr P. Camp¬ bell, Mr David Simpson, indulged ministers in Argyleshire, liberate upon the same terms.” And Mr John Duncanson and his cautioners being absent, the lords de¬ clare his bond forfeited, and order him to be put to the horn. April last, Mr John Oliphant indulged minister, is liberate as above. We have heard of Mr John Knox before. And May 8th, Mr John Eell in¬ dulged at Ardrossan, his liberty is con¬ tinued six months longer, under caution to remove off the kingdom. August 1 4th, the council order Mr David Simpson late minister at Kintyre, going to New Jersey, to have his bonds given up. Those and other indulged ministers not named in the registers, were at this time liberate, and re¬ tired to their own houses, and some of them continued at the manses where they had been indulged, and preached to their own families, and some others now and then in their houses, but no more in the OF THE CHURCH OF SCOTLAND. 341 CHAR IX. j churches ; and so matters stood till the lib¬ erty, which we shall meet with next year save one. A good number of letters, from the pri¬ soners, at Glasgow and Edinburgh, in tol- booths and irons, and from aboard the ships going to the plantations, lie before me, which I can say no more of, but that they savour much of their piety, absolute resig¬ nation to the Lord’s disposal, and satisfac¬ tion with their suffering lot. One thing I cannot altogether pass, as an evidence of their righteous temper, and the unright¬ eousness of their persecutors. What sever¬ al of them regret most in their letters to their friends, is, that by the soldiers’ seizing and carrying off any thing they had, then- lawful creditors are like to be defrauded, and lose considerably at their hands. Some of them lament, that though they had more than would have cleared all their debts, and for some time supported them and their families; yet by the ravages committed upon them, their neighbours are like to be considerable losers, which vexes them much. By an original letter, dated Canongate tolbooth, August 10th, 1685, I find the subscribers of it were banished by the council to Jamaica. They direct it to their friends, as the testimony they leave to the cause for which they suffer. It is too long to be insert. They declare the ground of their sentence of banishment, is their dis¬ owning the authority of a papist, whom, they say, they can never own as their king. They leave a great many very good direc¬ tions to their suffering friends as to their carriage, and sign, J. Jamison, Walter Hume, John Kennedy, James Murray, Robert Sharp, William Marshal, William M'Call, James Corsbie. Another letter lies before me from James Rae banishec this year to Jamaica, to his friends, datec from aboard the ship, Newhaven, Decem¬ ber 2 1st, this year. Probably they were al' sent to Jamaica together. Ihe letter is full of piety and composure ot mind. He acquaints them, he had a very sensible warning and impression that he was near a great shock the day before he was taken ; and since that time he was no way discour¬ aged, but cheerfully left himself upon the Lord. He declares his fears, that sad days are abiding the church of Scotland, and his persuasion, he will keep a remnant safe till they see the glorious delivery, and a far more glorious church than ever had been in Scotland. The alterations in civil posts this year lie not so much in my way, yet I shall notice the hints I have observed as to those in the council-books. April 9th, a commission is read to the duke of Queensberry, to be commissioner to the parliament. And that same day, a new commission comes down to the council. All that were in the former commission were the king’s friends while duke of York, and some additions are made. April 21st, the duke of Hamilton, the earl of Dumfries, and colonel Douglas are added to the council. June 8th, the council is appointed to meet every Tuesday, Thurs¬ day, and Saturday. June 20tli, colonel Graham of Claverhouse is admitted a privy counsellor. And July 23d, Hugh M‘Kay of Skourie is admitted a privy counsellor. April 16th, John marquis of Athole is de¬ clared lord privy seal, and Sir James Fowlis of Collington justice-clerk. June 22d, the duke of Queensberry is declared lord high treasurer, and constable, and governor of Edinburgh castle. July 2dth, by a letter from the king, the viscount of Tarbet is allowed to continue in his office of clerk of council, registers and rolls, and senator of the college of justice, notwithstanding the honour of a viscount is conferred upon him. August 25th, upon general Dalziel’s death, the council appoint a scheme of his inter¬ ment to be delivered to the lyon king at arms, and the castle is ordered to fire at the removal of his corps. And Nov. 26th, William Drummond of Cromlix gets a commission to be lieutenant general of his majesty’s forces in Scotland. The affair of Monmouth’s invasion upon England, 1 leave unto the English histo¬ rians; it was ill concerted, and worse executed. Upon Monday, July 6th, the duke’s little army was defeated near Bridge- water, and next day the lord Gray was taken by the lord Lumley, and in a little time the duke himself, who was brought up to the tower, July 13th. There is an ac¬ count before me of this matter, piinted by authority, which, in a most invidious para- 342 THE HISTORY OF THE SUFFERINGS [BOOK Ill- graph, bears, “ That upon the duke jVas found a manuscript of spells, charms, and conjurations, songs, receipts, and prayers, all written by the duke’s own hand,” which 1 leave to be exposed by others, as false and calumnious. The reader will find a better account of this ill managed affair, in Dr Wellwood’s memoirs, and other writers of reputation. July 14th, a letter from the king is read in council, bearing, “ Whereas in the par¬ liament 1681, the money lodged in the hands of the magistrates of Edinburgh, for building a church in the Grass-market, w as ordered to be applied to uses as near the will of the defunct as possible; the king now requires it to be applied to the build¬ ing of a manse to the bishops of Edinburgh. The council accordingly order the magis¬ trates to apply it, and to pay interest for the money till the house be built.” 1 leave it to better judges to determine, whether it was in the power, even of the parliament or the king, to alter the destination of a mortification, from the building of a church, to the building of a manse ; and much more, whether it was not a counteracting the will of the dead, to ordain the interest of that money to be paid to the bishop, as I am told it was ; and in the meantime nothing is done for building a manse. Upon the 16th of September, the council emit a proclamation for keeping the king’s birth-day, October 14th, as a solemn anni¬ versary thanksgiving. It being pretty singular, I insert it here. “ Forasmuch as it having pleased almighty God, to set our most rightful redoubted sover¬ eign, James VII. by the grace of God, of Scot¬ land, England, France, and Ireland, king, de¬ fender of the faith, &c. peaceably upon the throne of his royal ancestors, our most august and glorious monarch, notwithstanding the hellish plots and machinations against the sacred person of our late king (of ever blessed memory) and of our said present sovereign, (whom God long preserve) and also notwith¬ standing of the desperate and traitorous endeav¬ ours of those who lately by armed force, invaded these our sovereign lord’s realms of Scotland and England, of design not only to have sub¬ verted his majesty’s royal government, but even to have cmbrued their wicked hands in the sacred blood of our said sovereign lord the king, and utterly to have destroyed all his majesty’s faithful and loyal subjects ; which traitorous attempts, by so signal and remarkable instances of the divine providence, have been so miracu¬ lously defeated and confounded : of all which his majesty’s privy council being deeply sensible, they hereby, in his majesty’s royal name and authority, ordain and appoint the fourteenth of October, being his majesty’s royal birth-day, to be solemnly kept and observed throughout this kingdom, for this year, and yearly hereafter, as an anniversary day of thanksgiving, for his majesty’s happy birth, and therein to commem¬ orate his most conspicuous entry to his royal government, and miraculous deliverances afore¬ said, and that all signs and demonstrations of joy, on such solemn occasions accustomed, be performed by all his majesty’s subjects. And further recommend to the right reverend the archbishops and bishops, that they cause the ministers in their respective dioceses, for this year, and yearly hereafter, upon the said four¬ teenth of October, with the people at divine service, in the church, devoutly give solemn thanks to almighty God, and celebrate hi3 holy name, for his so signal goodness and protection to our said gracious sovereign, and in him to these his kingdoms ; and that all his majesty’s good subjects may have notice, and be certified hereof, his majesty’s privy council doth hereby require and command his majesty’s lyon king at arms, and his brethren, heralds, macers of the privy council, pursuivants, and messengers at arms, forthwith to pass to the market-cross of Edinburgh, and there having his majesty’s coat of arms displayed, by sound of trumpet, and open proclamation, in his majesty’s name and authority, make publication of the premises ; and ordain the sheriffs of the several shires of this kingdom, to cause publish the same at the market-crosses of the head burghs of their shires, and the magistrates of burghs respective, as they will be answerable at their highest peril, that none may pretend ignorance. And the sheriffs aforesaid, are hereby strictly required, to cause deliver to the ministers within their sheriffdoms respective, a printed copy of this act, that they may, from their pulpits, on the Lord’s day pre¬ ceding the said day of public thanksgiving, after divine service in the forenoon, read the same to the people, and give them the necessary exh orta- t.ions upon this occasion. Reflections on this are unnecessary, after what hath been said in the first book on anniversary days. It may be of more use to observe the direct encroachments made upon the privileges of the royal burghs, at this time. September 19tli, a letter is read, with relation to the election of the CHAP. IX.l OF THE CHURCH OF SCOTLAND. 343 magistrates of Edinburgh, which is as follows. ‘‘James R. Right trusty, &c. We greet you well. Whereas the usual time of electing the magistrates of our city of Edinburgh, is now approaching, we do hereby authorise and require you, upon sight hereof, to call for the present magistrates, and signify our pleasure unto them, that they and the present town-council continue as formerly, iu the exercise of the government thereof, and that they forbear to proceed to any election of magistrates or town-council, for the ensuing year, until we shall think fit to declare our pleasure to the contrary : for doing whereof, this shall be to you and them respectively a suf¬ ficient warrant ; and so we bid you heartily farewell. Given at our court at Windsor, the twelfth day of September, 1685, and of our reign the first year. “ By his majesty’s command, Melford.” Upon reading of this, the magistrates of Edinburgh are called before the council, and his majesty’s pleasure is intimate to them ; and, in case any new counsellers be chosen already, the magistrates are appointed to resume the old counsellers, that so the town-council may remain entire as formerly, until his majesty’s further pleasure. And to put all relating to this together, October 5th, another letter from the king is read. “ Right trusty, &c. Whereas we judge it a matter of importance to our service, and the ad¬ vantage of our good people in our city of Edin¬ burgh, that a person of known loyalty and integrity, be elected as their provost for the ensuing year, we have thought fit to authorise and require you, after the receipt of this, to call for the present magistrates, and recommend to them bailie Kennedy, as our particular choice, to be elected provost of that our city at this time, leaving them to the usual methods of electing the rest of the magistrates and town-council. For doing whereof this shall be your warrant.” “ Windsor, Oct. 1st. Murray.” The council appoint the counsellers in town to be present to-morrow at the elec¬ tion, and see it orderly proceeded in. Re¬ marks upon such a letter are obvious. At the same rate the king might have nomin¬ ate the rest of the magistrates and town- counsellors at Edinburgh, and in all the royal burghs ; and in effect, the whole privileges belonging to that body, so often ratified in parliament, were entirely over¬ thrown : and we shall just now meet with the king, dispensing with another act of his own parliament about the test. While those bold steps are taking- at London, which were a preface to what 1 03 J‘ followed in England, as to corporations, much of the same nature, our managers seem not to be altogether of a piece among them¬ selves ; and informations are taken from Mr John Veitch, and some accounts said to be given by Sir John Cochran, with relation to the register and secretary Murray their cor¬ responding with the lord Melville, and some malversations of the king’s advocate. With¬ out dipping at all into this part of secret history, I shall lay before the reader what I meet with in the registers about it. “ The letter underwritten, directed to his sacred majesty from the council, being brought in from the committee appointed in the fore¬ noon for that effect, being read, the same was approven of and signed, and ordered to be delivered to the lord marquis of Athole, to be by him presented to his most sacred majesty, which letter he accordingly receiv¬ ed, with the principal examinations of Mr John Veitch and Mr William Spence, upon oath, there being no copies left, by the council’s special order. Follows the tenor of the foresaid letter. “ May it please your most sacred majesty, according to your majesty’s commands given by your royal letter, we have, by your proclamation, adjourned your parliament to the first Thursday of April, 1686, in the usual manner. As also, in obedience to your sacred commands, in another letter of the same date, we did intimate your royal pleasure to the council of Edinburgh, to continue the town-council as formerly, and to forbear to px-oceed to any election of magisti-ates or town-council, for the ensuing year, until your majesty declare your pleasure. We judge our¬ selves always obliged to inform your majesty, as being of gi'eat importance to your majesty’s government, and of the highest concern to all your faithful servants, that the committee fox- public affairs having appointed two days last week for seai-ching of prisons, and examination of prisoners, they reported to us, that in the ex¬ amination they found by Mr William Spence, that Sir John Cochran’s son had been question¬ ing him, if he had carried on any correspondence betwixt the lord register, and the late lord Mel¬ ville, by which it would appeal-, that Sir John Cochran’s son had been practising him, with a design to accuse the lord register, which corres¬ pondence is declared by the said Spence to be utterly false. There was another called Mr John Veitch, who was close prisoner by the lord 344 THE HISTORY OF THE SUFFERINGS [BOOK III. chancellor’s order, and therefore, when 1685. tjle conrrCn cal]od for him, they removed all the clerks, and that Yeitch did give his oath in writ, whereof, he said, he had sent an exact doa¬ ble to the lord chancellor, after his lordship’s go¬ ing from this, which proports, as if information had come from a rebel, or some of their correspon¬ dence, of your advocate’smalversation in your ma¬ jesty’s service, which he also denies upon oath. We have likewise information, that albeit Sir John Cochran would not voluntarily expose his secrets and discoveries, until he saw your majesty, no not to your officers of state ; yet some have told here a day or two after Sir John had parted from this, that he was to accuse the earl of Murray of conversing with traitors, and we having sent for Sir James Ilochheadthe inform¬ er, we find he is gone for London. This in fact we humbly lay before your royal wisdom, as matters of extraordinary weight, lest by such practices your majesty’s service may be more endangered, than by the enemy’s open endea¬ vours ; and albeit such informations are to be received against the best servants, yet we in all submission offer to your majesty’s consideration, liovv far the rage of defeated enemies, (especially when induced by threats or promises) will prompt them to concur iu ruining your faithful servants, who have served your majesty faith¬ fully, in ruining of them : and we humbly offer these, amongst many considerations, to your sa¬ cred majesty, that from your royal and fatherly interest in and over your servants, such direc¬ tions may be given, and such notice may be taken of these informers, as will be most consistent with your majesty’s interest, and with that which is a part of it, your majesty’s justice to your unjust servants. There is one Welsh, a forfeited traitor, taken, and brought before us, whom we have remitted to the justices, in order to his execution ; and albeit severals of these irreclaimable rebels be still skulking in the moss¬ es, yet at present there is a greater quiet in the western shires, than has been in them these many years bypast, and all possible care for their continuing so shall be taken by us. But since the lord privy seal, who has been present with us, and whose eminent appearance and fidelity on all occasions, in your majesty’s service, is so known to all, especially to your royal self, is now going to attend your royal majesty, we leave a more particular information to be given by him, of what relates to the aforesaid or other of the public concerns of your majesty’s service here, and what further occurs, shall be faithfully transmitted on all occasions by, “ May it please your majesty, “ Your majesty’s most humble, most faithful, and most obedient subjects and servants.” Subscribed ut sederunt , except the marquis of Athole. October 24th, the council have the following return to this letter. “James R. Right trusty, &c. We received your letter of the 21st of Sep¬ tember, from the marquis of Athole, by which we were much surprised, that you had taken upon you to examine Veitch, committed close prisoner by our chancellor, with express order, that none of what quality soever, should have any access to him, and to take up the order given by our chancellor. Both which, we look upon as actions of that nature, as we cannot but ad¬ mire how, or by what persuasion you came to do them ; for supposing it has been possible for our chancellor, to have done such a thing with¬ out our order, and that it had really been amiss, yet we ought to have been informed, and our royal pleasure known, before any thing had been done contrary to the order, especially where there was no danger in a much longer delay. This we look upon to be so mueh our immediate concern, that we must let you know how much we are dissatisfied with it, that for the future you might be more careful, that no such practice may be. We do likewise find in that letter, that some rebels have been induced by threats or promises, to accuse some of our faithful servants. We doubt not, that before you sent us that in¬ formation, you were acquainted with the names of such as threatened or promised rewards in so wicked a matter, (as is well known to the world we would not suffer against the worst of our enemies) which names we desire to be sent forthwith to us, that we may make them exam¬ ples of our justice to posterity. So we bid you heartily farewell. Given at our court at White¬ hall, the 17th day of October, 1685, and of our reign the first year. “ By his majesty’s command. “ Melfokd.” Such a letter required a speedy answer, and so, October 25th, they make the following re¬ turn. “ May it please your sacred majesty, we regret very much, that any thing in our conduct should have offended your sacred majesty, whose prosperity and greatness we have ever designed in all our consultations and actions; and since your sacred majesty has prescribed to us mea¬ sures, for our conduct in the future, we shall by obedience show what have been our former de¬ signs ; nor would we insist upon what was done at the writing of the last letter, lest it might seem a justification, if your majesty’s express commands in your letter did not ordain us to give an account of the motives upon which we proceeded. As to what concerned the examin- tion of Veitch, we having seen my lord chancel¬ lor’s order, which bears nothing of any warrant from your majesty ; yet we thought it our duty, to have so much respect to a person of his emin¬ ent trust and merit, to continue Mr Veitch close prisoner, according to his lordship’s order, with- CHAP. IX.] OF THE CHURCH OF SCOTLAND. 345 out ever taking up the same from the keepers, in whose hands it did and still lies, notwith¬ standing that Mr Veitch has both deponed to bis lordship and us, that he knew nothing of that affair, nor would we proceed on that ex¬ amination, until we knew what he had said to his lordship ; and accordingly he continues still close prisoner, so that whatever inquiry may be made as to him, is still entire; nor would we take any discovery from him, further than what was made to my lord chancellor, nor would we so much as keep a double of the same, but transmitted it to your majesty by an officer of state, and member of the private committee. And one of the chief motives that induced us to believe, that we might examine him, was, that my lord chan¬ cellor’s order did not expressly bear, that no person or judicature should examine him, which, if it had been, we would have had that just deference to my lord chancellor’s order, as not to have examined him ; but the order bearing only, that no person should speak with or see him, we only considered Veitch to be in the condition of other close prisoners, whom the council uses to examine. But whatever the practice has been, it is sufficient for us, that your majesty has excluded all examination in such cases for the future, which we shall hum¬ bly and heartily obey. And to show that no interest of ours, did or shall induce us to believe, that your majesty by yourself or your order, may not examine any person whatsoever, either as to us or your majesty’s servants; we again renew the acknowledgment in our former letter, that informations are to be received against the best of servants ; and we may be the safer in this acknowledgment, that we are so happy as to live under a prince who will protect the innocence of his approved servants. As to that expression in your majesty’s letter, that some rebels have been induced, by threats or promises, to accuse your servants, we humbly offer to your majesty’s consideration the clause of our letter, which bears, that we in all submission offer to your majesty’s consideration, how far the rage of defeated enemies may prompt them to ruin your majesty’s faithful servants, Which was an abstract consideration in the general, without reflecting upon any particular person what- somever, or arising from any examination men¬ tioned in the letter, but from the sad experience we have of the rage of your majesty's enemies against your majesty’s servants, and the great liberty they take to swear every thing they think for the advantage of their cause ; and in this time, when your majesty’s enemies have nothing left them but this revenge, against those who faithfully serve, to ruin them, and who are irreconcilable with them and their interest, upon your sacred majesty’s account, especially, beside our ruin, they may project to IV. themselves a freedom from death and punishment, which, as they justly de¬ serve, is the most terrification of all terrors. This is offered to your majesty, May it please your sacred majesty, Your majesty’s most humble, most faithful, and most obedient subjects and servants. Subscribed ut sederunt, except Balcarras and Claverhouse. Laird of Abbotshall, C. Graham of Claverhouse, Laird of Gosford, The lord Archbishop of Glasgow, The earl of Linlithgow, The earl of Balcarras, The lord V. Tarbet, The lord Yester, president of session, The lord advocate. The lord justice-clerk, Laird of Drumelzier.” How this matter ended, I cannot say. If the procedure of the council after this year, had been insert in registers, we might have known more of this, and other differ¬ ences which fell in among the managers in this reign, of which I am not in case to give certain accounts ; and therefore I shall only further add, that that worthy minister, mentioned in the council’s letter, fell under a long tract of great severities, as appears by a note sent me, written by himself at this time, which is all I have about him, and it is as follows. “ By order from chancellor Perth, Mr John Veitch minister at Westruther, was taken and carried prisoner to Edinburgh, by Sir Adam Blair of Carberry younger, and lay all night in the guard kept at Holyrood-house. Octo¬ ber 5th, he was sent to the tolbooth by a most unusual order, made close prisoner, and his keeper solemnly sworn, never to suffer any word to come in unto him, or suffer it to go out from him, but with the knowledge of the council, or their com¬ mittee ; and lest, in his absence, any should speak to him in at the door, and he to them, two soldiers were constantly guarding the door. Pen and ink were taken from him. This way he continued the space of twenty weeks.” October 5th, the council by an act ordain, “ that no books of divinity be printed in this kingdom, till they be revised and licensed by the ordinary of the place ; and discharge all stationers to sell any that are not licensed, under pains of confiscation.” That same day, I find a process against the dean of Glasgow, and minister of Hamilton, before the justiciary, for the crimen nefun- dum. He is assoilied there, where multi- 2 x 346 THE HISTORY OF THE SUFFERINGS [BOOK III. tudes of innocent persons had been 1685. ma(je guilty. The violent suspi¬ cions of guilt, wherewith many in that place were impressed, were not removed by the lords’ sentence, and be himself found proper to withdraw, and therefore I shall say no more of him. October 28th, the town of Edinburgh pass a very good act, for delivering their streets from beggars, and anent the setting houses to any people who are not free in the town, which I have annexed in a note,* * Act, Magistrates of Edinburgh, October 28th, 1685. The which day, the lord provost, bailies, coun¬ cil, and deacons of crafts, being convened in council, taking to their consideration, that not¬ withstanding of divers acts of council, made for purging the city of vagabonds, beggars, and other idle persons, who daily trouble the inhab¬ itants, and others his majesty’s lieges resorting thereto ; yet they are so numerous, that the cit¬ izens and other his majesty’s lieges cannot, without great trouble, walk upon the streets, which is very burdensome to the city, and dis¬ graceful to the place ; considering, that by the 15th act of the 3d session of our late sovereign lord’s first parliament, it is declared, that it shall be leisume to all persons or societies, who have or shall set up any manufactories within this kingdom, to seize upon and apprehend any vagabonds, who shall be found begging, or who being masterless and out of service, and have not wherewith to maintain themselves, by their common work, and declaring they shall continue therein during their lifetime, and shall be sub¬ ject to their masters’ correction and chastise¬ ment, in all manner of correction, (life and tor¬ ture excepted) the said persons being always employed by the said manufactories, with ad¬ vice of the magistrates of the place where they shall be seized upon : and the council being now resolved, that all the vagabonds, beggars, and other idle persons, and their children, that are above the age of five years, that can be found upon the streets of the city, or in any part of the same, or suburbs thereof, shall be apprehended and put in the correction-house, and set at work to spin and card, and working such manufac¬ tory-work as they shall be employed to do by the keeper of the correction-house, and his ser¬ vants, which they judge to be the best expedi¬ ent for purging the city and suburbs of the said idle persons and vagabonds, and preventing the increase of them in time coming. Therefore, they hereby command and charge these persons who shall receive the magistrates’ commission, to take and apprehend all such vagabonds, idle beggars, whores, thieves, and masterless persons, and their children, above the age of five years, who shall be found within the city, or in any part thereof, or suburbs of the same, and present them to the magistrates, that thereafter they may be imprisoned within the said house of cor¬ rection, to be set at work by the said master of the correction-house, and bis servants, in man¬ ner foresaid, who are to remain therein during all the days of their lifetime, conform to the tenor of the said act of parliament, during the which and such is their zeal, that in this act, they cannot hut oblige all to whom houses space they are to receive all manner of punish¬ ment and correction, (life and torture excepted.) And in like manner, the council taking to con¬ sideration, that the city hath been, and is great¬ ly abused, by suffering strangers, vagabonds, unfree persons, poor and indigent bodies, to plant and have their habitation within this city; and that by harbouring of the said persons, (and such as they reset) the town is defiled with all kind of vice, the liberty of freemen usurped, the city overburdened with sustaining of that kind of people, their wives, children, and such as they reset, particularly in the time of dearth, and the monthly contribution appointed for their own poor, employed and consumed upon them : and that for remedy thereof, the magistrates and council, by their act, of the date the 22d day of December, 1676 years, did statute and ordain, that no persons set their houses or lands within the city, or suburbs thereof, in any time here¬ after, to any unfree persons, that are not landed gentlemen, or members of the college of justice, without a special ticket from the bailie of the quarter, in writ, within whose bounds the said lands lie, under the pain of an unlaw of twenty pounds, to be taken off the setters or owners of the said lands, or houses, for ilk person to whom their land or house was to be set, with the es¬ cheat of a year’s mail to the town’s use : and where any lands or houses are set to such per¬ sons, that the owners or setters remove the said persons instantly; and that the bailies shall give no ticket to the said unfree persons, but upon caution to be found acted in the town’s books, that they shall keep and fulfil the articles fol¬ lowing, to wit, that they shall receive no vaga¬ bonds, naughty or vicious persons, nor any who are suspect of theft, or reset of theft, or of keep¬ ing of brothel-houses, nor masterless persons within their houses, under the pain of twenty pounds, so oft as they fail. Item. They shall use no unlawful vocation, or usurp the liberty of a freeman under the said pain. Item. That neither they, their servants, wives nor children, shall be burdenable to the good town, under the pain of an unlaw of an hundred merks. Item. That they shall be no ways disobedient to the church, or magistrates, or officers of the said burgh, under the said pain, and their penalties to be paid by the said cautioners. The council do re¬ vive the foresaid act, in the whole heads, articles, and clauses thereof, and ordain the same to take effect, and to be put to due execution in all time coming. And further, it is statute and or¬ dained, that outland poor beggars, and other poor that have not been burgesses’bairns in this burgh, remove and despatch themselves forth of this burgh, bounds and liberties thereof, and to retire to the place or parish where they were born, or formerly resided, so that they be not found nor seen within the same at any time hereafter, under the pain of putting of them in the thieves' hole, forty eight hours for the first fault, and scourging of them thereafter, as they shall be found within the bouuds foresaid : and ordain thir presents to be printed, and published through the city and suburbs, by tuck of drum, and affixed upon the most conspicuous places of this city, that none pretend ignorance. Ex¬ tracted by me, Jo. Richardson. CHAP. IX.] OF THE CHURCH OF SCOTLAND. 347 are set, to conformity and subjection to tlie church. What offers next, is of far more import¬ ance, and with it I must end what I have to give my readers from the council-regis¬ ters. November 12th, a very extraordinary letter is read, dispensing with an act of the very last parliament, requiring the commis¬ sioners of supply to take the test. Most part of the persons, if not all in the under¬ written list, were papists. In favours of those his own friends, the king very frankly breaks through a law, to which he had given his assent a few months ago. Such steps need no observations, they are what protestants may expect from a bigotted papist; and so I just insert the council’s act, king’s letter, and list, as they stand in the registers. “ The letter underwritten directed from the king’s most excellent majesty to the privy council, for dispensing with some persons, commissioners for sup¬ ply, their taking of the test, conform to the list therewith sent, being read, was ordered to be recorded, and an act ordered accord¬ ingly to be transmitted to the persons there¬ in mentioned, and to the conveners of the commissioners of the respective shires therein concerned ; of which letter and list the tenor follows.” James R. “ Right trusty, &c. we greet you well. Whereas in the 12th act of our current parlia¬ ment, intituled Act of Supply, there is a clause ordaining all the commissioners therein named, to take the oaths and test appointed by law, which clause we judge fit for our service, to require you to put vigorously in execution, ex¬ cepting these in the list here inclosed, whom we have dispensed with from taking the same, and such as we shall hereafter dispense with under our royal hand. For doing whereof this shall be your warrant, and so we bid you heartily farewell. Given at our court at Whitehall, the seventh day of November, 1685, and of our reign the first year. “ By his majesty’s command. “ Melford.” James II. A list of the persons who are to be dispensed uith from taking the test, conform to our letter ( of the date of these presents) directed to our privy coun¬ cil of our ancient kingdom of Scotland. “ The duke of Gordon, the earl of Seaforth, the earl of Traquair, the lord Oliphant, Richard Cockburn of Clerklngton, Alexander Ir¬ vine of Drum, John Gordon of Rothe- 0 * may, Patrick Leslie of Balquham, Sir George Gordon of Gight, William Menziesof Pitfoddels, James Innes of Drumgask, Adam Gordon of Auchmacoy, Francis Gordon younger of Craig, Mr Alexander Irvine of Lairny, Mr Richard Ir¬ vine of Kinkton, the laird of Fetterneir, the laird of Wartle-leslie, Alexander Frazer of Kinnaries, Macdonald of Binbecula, Mac¬ donald of Largy, Macdonald of Cassil- ton, Patrick Gordon of Glastyrum, John Grant of Ballindalloch, James Gordon of Camdel, John Gordon of Baldorny, Alexander Gordon of Auchintoul. Given at our court at Whitehall, the '7th day of November, 1685, and of our reign the first year. “ By his majesty’s command. “ Melford.” Toward the end of this year, several pri¬ soners in the Canongate tolbooth found means to escape. I have no account of the circumstances ; but December 3d, the ad¬ vocate is appointed to process the magis¬ trates of Edinburgh for their escape. No question they were free from any accession, being modelled to the mind of the court, and they easily got off. The rage against presbyterians was not confined at this time to Scotland, but reach¬ ed even to the banished ministers in Holland, with such as had retired thither for shelter, as Mr James Veitch, Mr Alexander Pit¬ cairn, Mr George Campbell, Mr Patrick Warner, and others at this time there, and they were brought to some trouble. The occasion, as one of them informs me, was this. A fellow who had called himself Robert Smith, in the parish of Dunscore, and pretended to have been at Bothwell- bridge, endeavoured to bear in himself upon the weekly meeting which those reverend ministers, and others of the persecuted Scotsmen, had for prayer at Rotterdam. He got in so far upon Mr Grier, a very good man, and member of the meeting, that Mr Grier spoke to Mr Warner, to propose Smith’s admission to the meeting. Mr War¬ ner did not like his forwardness to be ad¬ mitted to the meeting ; and upon inquiry, found that Smith was very big with a po¬ pish captain, and suspecting he might be a spy upon them, he so effectually crushed his admission to the meeting that it was never proposed, and he was not out in his 348 THE HISTORY OF THE SUFFERINGS [BOOK Ill- fears. Towards the end of the year 1 G85 J 1683, Smith went over to London, and made a pretended discovery of what lie said he had picked up anent the plot, in an information given at Whitehall, February 24th, 1683-4, for which, though Doctor Sprat is pleased to deny this, I have no doubt he had money. This paper is publish¬ ed by the Doctor in the history of the Rye- liouse plot.andcontains a vast number of lies, which I wonder the government perceived not the falsehood of, being in part self-con¬ tradictory, and plainly disagreeable to many facts they could not but know. This un¬ worthy fellow, partly in spite, and partly to get his hire, informs of many facts scanda¬ lously false. It is not worth while to go through them now. He pretends to have seen Mr Warner in the council of war at Bothwell-bridge, whereas, from Drumclog to the defeat, he was scarce ever within forty miles of Bothwell. I imagine it hath been from this scandalous information, that the process formerly mentioned, against the reverend Mr John Sinclair, minister of Ormiston, was taken, and several articles in Cesnoclt and other worthy patriots’ processes, formerly noticed. Upon this information, it seems, (for I can learn no other foundation for it) this year or¬ ders were given to the English resident in Holland, to insist tvith the states general, either to apprehend or remove those banish¬ ed ministers from Rotterdam, and their dominions. Some thing was done to stop the clamour the resident made ; but care was taken to advertise the ministers of their hazard, and they stept a little out of the way. Those worthy men were put to some trouble in the foreign land to which they were retired ; but the Lord was with them, and delivered them, and in a little time now, a door was opened for their re¬ turn to Scotland, and their being singularly useful for their Redeemer’s kingdom there. Thus at some length I have gone through this bloody year ; and the narrative given of the severities committed during it, no doubt, will astonish the reader, and give him a fuller view, than perhaps he had of the vile popish spirit of persecution now raging in Britain, which indeed hath scarce any parallel, unless it be the counter-part of the same plot, against the reformation, breaking out in October this year, by the revocation of the edict of Nantz in France, and the most ungrateful and utter razing of that once glorious and numerous protes- tant church, with the bloody dragooning conversion which followed upon it. The scene is not altogether so black during the three following years I am to account for, and I shall now very quickly come to an end of this melancholy and irksome history. Having mentioned this dismal alteration in France, I take it not to be disagreeable to this work, to give the reader the French king’s edict, which ruined that dear and once reformed church. It hath been once and again printed in most languages in Europe ; but probably it will not be un¬ acceptable to a good many, into whose hand this history may come, to have it here ; and I shall adjoin to it a copy of the articles, and form of abjuration of the protestant religion, imposed upon our brethren in France, toward the end of this year. Once I thought to have turned them over to the Appendix, but falling in the end of the chapter, they will make no break in the history; and they deserve a room in the body of it, were it but to awaken our sympathy with the noble confessors of our sister church, yet remaining after so long and black a night as they have been under; and to quicken any who have interest at the throne of grace, to redouble their ardent supplications for them, and the Lord’s cherishing the essays and struggles good numbers there at this time seem to be making, to wrestle from under the yoke of Rome and popery. It ought not to escape our remark, and might quicken us to a generous concern in those points, that the French king never ventured upon revoking the famous edict of Nantz, whereof Britain is the undoubted guarantee, till once our throne was filled with a bigotted papist, his own creature. And probably the revo¬ cation had been sooner made this year, if the French court, as was noticed, had not been alarmed at king James’s declaration at his accession, and much more with his speech to his first English parliament. But CHAP. IX.] 349 OF THE CHURCH quickly the king threw off the mask, and satisfied his friends, he was hearty in his design of ruining the reformation : he broke with his parliament, and acted like a sincere papist as he was. Then was the proper juncture to fall upon the reformed in France, and this was not delayed un¬ necessarily one moment. I have, with surprise, observed a considerable agreement betwixt a collection of edicts, arrests, and acts against the reformed in France, from the year 1660 to the year 1683, where the recueil I have ends ; and the acts of council and parliament in Scotland, mentioned in the former part of this history. The steps taken, the penalties, and the very phrases in both, do very much agree. And, gen¬ erally speaking, the French king hath the honour of precedency in this severe and an- tichristian work. Whether our people copied after him I cannot say; but the harmony is such, one is almost forced to suspect it. In the edict I am now to insert, we have a copy cast to the king of England, which, had he not been taken short and stopped, I doubt not he would have care¬ fully copied, in an act rescissory of all out¬ laws since James V. and Henry VIlI’s time. But passing those remarks, I come to give the reader a copy of the French edict, Englished by an eminent presbyterian minister lately got to heaven, at this time, if I mistake not, at Paris, and I know it is exact. Edict by the king, discharging all public exercise of the pretended reformed religion, within his kingdom. “ Lewis, by the grace of God, king of France and Navarre, to all present and to come : greet¬ ing. Forasmuch as Henry the great, our royal grandfather, of glorious memory, being desirous, that the peace he had purchased for his subjects, after the great damages they had sustained by the long continuance of foreign and domestic wars, might not he interrupted upon the account of the religion which calls itself reformed, as had happened in the reigns of the kings his predeces¬ sors, did, by his edict given at Nantz in the month of April, in the year 1598, regulate the conduct that was to be used towards those of the foresaid religion, determine the places wherein they might be permitted to exercise the same, appoint judges extraordinary in the administra¬ tion of justice to them ; and did moreover make OF SCOTLAND. provision, by particular articles, as to every thing he thought necessary for 1 maintaining the quiet of his kingdom, and to lessen the aversion that was betwixt those of the one and the other religion, to the end he might be in a better capacity to endeavour that which he had resolved to do, the reuniting ol those unto the church who had so lightly departed from it. And whereas the sudden death of the king our foresaid grandfather, put a stop to the accomplishment of his intentions, and even the execution of the edict itself was interrupted during the minority of the late king, our thrice honoured lord and father, of glorious memory, by the renewed encroachment of those of the pretended reformed religion, by means whereof they occasioned themselves to be deprived of sundry privileges that had been granted to them by the foresaid edict. Never¬ theless the late king, our foresaid lord and father, out of his innate clemency, granted to them a new edict at Nismes, in the month of July 1029, by means whereof the former tranquillity was re-established ; and the said late king being ani¬ mated with the same spirit for religion, as our royal grandfather had been, did resolve to em¬ ploy that peaos for effectuating so pious a de¬ sign. But foreign wars falling out a tew years thereafter, so that from the year 16o5, till the concluding a truce with the princes of Europe in the year 1684-, the kingdom hath seldom ever been free from agitation ; it hath not been hith¬ erto possible to make any further progress for the advancement of the true religion, except by diminishing the number of the places, where the pretended reformed religion was exercised, by condemning those which had been set up with¬ out warrant from the edicts, and suppressing the * bipartite courts, which were erected pro¬ visionally only, and for a season. God having at length permitted our people to enjoy a perfect quiet, and we being dispensed from the care of protecting them against our enemies, we purpose to take the occasion of this truce, which we were the more easily induced to grant, that we might apply ourself to the means of accomplishing with success the designs of our said royal grandfather and father ; the which we also have entertained ever since our coming to the throne. We now perceive, witlr due acknowledgments to almighty God, that our endeavours have attained the end which we pro¬ posed, inasmuch as the greater and better part of our subjects of the foresaid religion, have em¬ braced the Catholic faith. And since hereby the observation of the edict of Nantz, and c. whatever else may have been enacted in favour of the said pretended reformed religion, becomes unnecessary, we judged that we could in nothing * The Chambres Bi-parties consisted, the one half of Protestant judges, and the other of Catholic. 350 THE HISTORY OF THE SUFFERINGS [BOOK III. contribute more effectually to the utter 1685. extinguishing the remembrance of the troubles, confusion, and mischiefs which the growth of that false religion hath raised in our dominions, and which gave occasion to the fore- said edict, and so many other edicts and declara¬ tions that did precede, and were made in conse¬ quence of the same, than by an absolute revoca¬ tion of the said edict of Nantz, and of all the particular articles that were granted pursuant thereunto, and generally of all that hath been done since in behalf of the said religion. Therefore, “ I. We give to know, that we, for these caus¬ es and others us thereto moving, of our own certain knowledge, full power, and royal author¬ ity, have by this present, perpetual, and irrevo¬ cable edict, suppressed and revoked, likeas we suppress and revoke the edict of our said royal grandfather, given at Nantz in the month of April, in the year 1598, in the whole extent thereof, together with the particular articles concluded upon the 2d of May following, and the letters patents passed thereupon ; as also the edict given at Nismes, in the month of July 1629. All which we declare void and null, as if they had never been made. As likewise all concessions granted either by them, or any other edicts, declarations, or acts, to those of the fore- said religion, of what nature soever they may be; the which in like manner shall be held as they never had been granted : and in pursuance hereof, we will, and it is our pleasure, that all the temples belonging to those of the foresaid religion, situated within our kingdom, territo¬ ries, lands, and dominions subject to our obedi¬ ence, be forthwith demolished. “ II. We prohibit all our subjects of the fore- said religion, henceforth to assemble themselves for the exercise of the said religion, in any place or house, upon any pretext whatsomever, or even in those places which they held by right of possession, or of ancient* bailiage, notwithstand¬ ing the said rights have been corroborated by acts of our council. “ III. We in like manner prohibit all lords of what degree soever, to hold the foresaid exercise in their houses, manors of what tenure soever they be ; all which we discharge under the pains of confiscation of body and goods in case of con¬ travention. “ IV. Weenjoinallministersof the foresaid re¬ ligion, who refuse to turn and embrace the cath¬ olic, apostolic, Roman religion, that within fifteen days after the publication of this our edict, they depart forth our kingdom and lands under our obedience, and that they abide not therein after the aforesaid term, and that during the said space of fourteen days they make no sermon, exhortation, nor exercise any other part ot their lunction under pain of being condemned to the gallies. * See tlie 9th and 1 1th articles of the edict of Nantz. “ V. Our will i3, that those of the foresaid ministers who shall turn, shall continue to en¬ joy, during their own lifetime, and their widows after their decease, so long as they remain in widowhood, the same freedom and immunity from taxes and quartering of soldiers that they enjoyed while they exercised the function of ministers : and moreover, we shall cause to be paid to the said ministers, during their lifetime, a yearly pension, which shall be one third more than the allowances they had as ministers ; the one half of which pension shall be paid to their wives after their death, so long as they remain in widowhood. “ VI. If any of the said ministers shall desire to become advocates, or take upon them the de¬ grees of Doctors in law, our will and intention is that they be dispensed with as to the three years’ study appointed by our declarations, and that after having undergone the usual examina¬ tions and are thereupon judged capable, they be received Doctors, paying only the half of the fees that use to be exacted on that occasion in each university. “ VII. We discharge all private schools for the instruction of the children of the said reli¬ gion, and generally all things whatsoever that may import any manner of concession or grant in favour of the said religion. “ VIII. As for the children who shall be born of those of the said religion, we will that hence¬ forward they be baptized by their respective parochial curates. And for that effect, do enjoin the fathers and mothers to send them to church, under the pain of five hundred livres fine, in case of failure, and that the said children be hereafter educated in the catholic, apostolic, and Roman religion ; the which we straitly charge the judges of the respective places, to see punc¬ tually performed. “ IX. And that our clemency may be ex¬ tended to our subjects of the said religion, who have withdrawn out of our kingdom, territories, and lands of our obedience, before the publica¬ tion of this our present edict, we will, and our meaning is, that in case they will return within four months from the date of this said publica¬ tion, they may, and it shall be leisome to them to re-enter upon the possession of their estates arid goods, and the same to enjoy in all points, as they might have done if they had always remain¬ ed therein. And on the contrary, that the goods of those who within the foresaid space of four months shall not return unto our kingdom, or lands of our obedience, from which they have withdrawn, shall remain and be confiscated by virtue of our declaration of the 20th of August last. “ X. We do reiterate our most strict and per¬ emptory prohibition and discharge to all our subjects of the pretended reformed religion, that they do not depart, they, their wives, or lildren, out of our kingdom, land, or territories subject CHAP. IX.] OF THE CHURCH OF SCOTLAND. 351 unto us, nor thence transport their goods or ef¬ fects, under the pain of being condemned to the gailies, for the men, and confiscation of body and goods, for the women. “ XI. We will, and our intention is, that the declarations made against the relapsed, be put in execution, according to their full form and tenor. “ XII. Moreover, they of the said religion, may, till it shall please God to enlighten them as well as others, abide in the cities and other places of our kingdom, territories and lands sub¬ ject unto us, and there carry on their commerce, and possess their goods, without trouble or mo¬ lestation upon the account of their said religion : provided always, as said is, that they do not ex¬ ercise the same, nor assemble themselves under the pretence of prayers, or other worship of what nature soever, belonging to their said re¬ ligion, under the above expressed pains of con¬ fiscation of body and goods. “ Herefore we give in charge to our beloved and trusty counsellors, the judges in our court of parliament, chamber of accounts, and court of subsidies at Paris, bailies, sheriffs, provosts, and others our magistrates, to whom if. appertains, and to their lieutenants, that they cause be read, published and registrate, this our present edict, in their courts and jurisdictions, though in time of vacation ; and that the same they receive, and cause to be received, kept, and punctually ob¬ served, without contravening, or suffering the same to .be contravened, any manner of way. For so is our pleasure ; and to the end the matter may be firm and stable, we have caused append our seal to these presents. Given at Fountain-bleau, in the month of October, the year of grace 1685, and in the forty-third year of our reign. “ Lewis.” Visa 1c Tellier. And below ‘by the King, Colbert.’ And sealed with the great seal of green wax, upon laces of red and green silk. “ Registrate, heard, and, at the requisition of the king’s attorney-general, to be put in exe¬ cution according to the form and tenor. The copies collationed, and sent unto the seats of justice, bailiages, seneschaussees within the jur¬ isdiction, there to be in like manner registrate ; enjoined to the deputes of the said attorney- general, to see the same executed, and thereof to certify to the court. At Paris, in the court of vacations, the 22d of October, 1685. “ De la Baune.” It is perfectly out of my road to make any observations upon this revocatory edict. Abundance hath been written upon it, and the reader hath this matter set in a due light, in the History of the edict of Nantz, and many other writings of the French protestants. It may be of J more use to the reader, to add the articles, to which these who renounced the reformation were obliged to subscribe, and the form of their abjuring the protestant religion, which tvas this year printed in English under this title. A true and exact copy of lie several Articles , togeth¬ er with the form of the Abjuration of the protestant religion, and confession of the Romish, imposed upon the French protestants, taken from the ori¬ ginal, in the hands of Bonaventure Le Brun, notary public of Rouen, 1685. The profession of the Roman Catholic apostolic faith. “ Ira the name of the Father, the Son, and the Holy Ghost, Amen. I A. B. do believe and confess with a firm faith, all and every thing con¬ tained in the symbol of the faith which the Roman church doth use, viz. “I. I believe in one God, the Father almighty, maker of heaven and earth, and of all things visible and invisible: and in one Lord Jesus Christ, the only begotten Son of God, begotten of his Father before all worlds, God of God, light oflight, very God of very God, begotten, not made, being of one substance with the Father, by whom all things were made : who for us men, and for our salvation, came down from heaven, and was incarnate by the Holy Ghost of the virgin Mary, and was made man, and was crucified also for us under Pontius Pilate. He suffered and was buried, and the third day he rose again according to the scrip¬ tures, and ascended into heaven, and sitteth on the right hand of the Father. And he shall come again with glory to judge both the quick and the dead : whose kingdom shall have no end. And I believe in the Holy Ghost, the Lord and giver of life, who proceedeth from the Father and the Son, who with the Father and the Son together is worshipped and glorified, who spake by the prophets. And I believe one catholic and apostolic church. 1 acknowledge one baptism for the remission of sins, and I look for the resurrection of the dead, and the life of the world to come. Amen. “II. I own and embrace most firmly, the apostolical and ecclesiastical traditions, and all other observations and constitutions of the said church. “ III. Likewise I receive the holy scripture, according to the sense which the holy mother- church hath held, and doth hold, to whom it belongs to judge of the true sense and interpre¬ tation of the sacred scriptures ; and I will never take nor interpret it, but according to the un¬ animous consent of the fathers. “IV. I confess also, that there are truly and 352 properly seven sacraments of the new j IG85. jaWj institute by Jesus Christ our Lord, and necessary to the salvation of mankind, al¬ though all of them be not to every particular person, viz. baptism, confirmation, the euch- arist, penance, extreme unction, orders, and marriage ; and that they do confer grace ; and that baptism, confirmation, and orders, cannot be repeated without sacrilege. “ V. I receive and admit also the ceremonies received and approved by the catholic church, in the solemn administration of all the above-men¬ tioned sacraments. “VI. I embrace and receive all and every thing that hath been determined and declared, concerning original sin and justification, by the holy synod of Trent. “VII. I likewise profess, that in the mass there is offered to God, a true, proper, and pro¬ pitiatory sacrifice for the quick and dead ; and that in the most holy sacrament of the eucharist, there is truly, really, and substantially, the body and blood, together with the soul and divinity, of our Lord Jesus Christ, and that there is made a conversion of the whole substance of the bread into the body, and of the whole substance of the wine into the blood, which conversion the catholic church calls transubstantiation. “VIII. I also confess, that under one of the two kinds only, whole Christ Jesus and a true sacrament is received. “IX. I steadfastly hold there is a purgatory, and that the souls there detained, are helped by the prayers of the faithful. “ X. Likewise, that the saints which reign together with Jesus Christ, are to be worshipped and invoked, and that they do offer prayers to God for us, and that their relicts are to be honoured. “XI. I affirm most steadfastly, that the images of Jesus Christ, and the mother of God, always a virgin, and also the other saints, ought to be had and kept, and that the honour and worship due to them, is to be given them. “XII. I also certify, that the power of indulgences hath been left in the church by Jesus Christ, and that the use of them is most healthful to Christian people. “ XIII. I acknowledge the holy, catholic, apostolic, and Roman church, the mother and mistress of all churches. “ XIV. I promise and swear a true obedience to the Roman pontiff, successor to the most blessed Peter, prince of the apostles, and vicar of Jesus Christ. “XV. I likewise receive and profess, with¬ out any doubt, all other things, left, defined, and declared by the sacred canons, and general coun¬ cils, and especially by the holy synod of Trent. “ XVI. And I likewise condemn, reject, and anathematize all things contrary, and all the heresies condemned, rejected, and anathematiz¬ ed by the church. [BOOK III. j Then, swearing upon the holy evangelists, must be said, “ I A. B. promise, vow, and swear, to hold and confess most constantly, to the last breath of my life, (with God’s help) entire and in¬ violable, this same catholic faith, out of which none can be saved, which now I profess of my own accord, and most sincerely ; and I will take care, as much as in me lieth, that it may be kept, taught, and preached by those that are under me, and by those the care of whom doth appertain to my charge. So help me God, and the holy gospels. Amen.’' Form of abjuration. “I, A. B. of the parish of L. do certify all whom it may concern, that having become sensible of the falseness of the pretended re¬ formed religion, and the truth of the catholic religion, of my free will, and without any con¬ straint, have made profession of the catholic, apostolic, and Roman religion, in the church of L. in the hand of P. In testimony of which, I have signed this deed, in the presence of the witnesses under-named this day of in the year “ I, P. incumbent of the church of L. in the parish of L. in Rouen, do certify, that this day, being the of in the year have received the abjuration of the pretended reformed religion, and the profession of the catholic, apostolic, Roman faith, which A. B. of the parish of L. made in my hands, in pre¬ sence of C. D. and E. F.” Bonaventure leBrun, notar public, in the palace- yard, Rouen. This may let us see the greatness of our delivery at the late glorious revolution, by the hand of king William ; and how much we were again brought under the greatest debt to a kind Providence, by the season¬ able accession of our sovereign king George to the throne, when we were just upon the brink of such edicts, professions, and ab¬ jurations as those : and from them we ought to make an estimate of the Lord’s goodness to poor Scotland, in blessing the arms of his majesty, under his gallant general and commander in chief, John duke of Ar- gyle, to the chasing of the pretender to the crown of these realms, educated in the faith just now set down, and so wedded to it, that he refused to be crowned, as I am in¬ formed, at Scone, till once he received the pope’s grant of Britain and Ireland, in due form, who, he said, had the only power to | dispose of crowns. It is people’s ignorance THE HISTORY OF THE SUFFERINGS CHAR. X.] of the villanies of popery, and the lament¬ able state of those who are under their anti- christian and inhumane cruelties, makes them value our great mercies so little, and have so little true sympathy with our per¬ secuted brethren. CHAP. X. OF THE STATE AND SUFFERINGS OF PRESBY¬ TERIANS, IN THE YEAR 1G86. This year, and the following two, do not afford such instances of general persecu¬ tion, as the former and some preceding years. Some particular examples of in¬ humanities, as occasions offered, and a few more murders in the fields, of which 1 have been able only to recover some short hints, with the continued procedure of the justi¬ ciary, in more forfeitures, upon the score of the attempt of the earl of Argyle, will make up the bulk of what I am to lay before the reader, upon the sufferings of this church, this year. But it would be unfit to over¬ look the grand attempt made in parliament, for overturning the protestant religion, by letting in papists to places of trust. Some other things M ill offer themselves, which, though they do not so nearly relate to the present sufferings, yet they w ill lead us in¬ to the state of presbyterians and sufferers, during this period, where I shall only hint at some few matters of fact, which I sup¬ pose are but little known. The reasons of the slackening of the persecution this year, as to some branches of it, are many. After the endeavours of the prelates and their adherents, so vigor¬ ously supported, as we have heard, for twenty-six years, one needs not be surprised to find they had little work to do. Most part of presbyterian ministers were banish¬ ed, or had withdrawn ; and very few were left. The gentlemen and heritors, who favoured presbytery, were either worn out by death, forfeited, banished, or put under such burdens as were equal to a forfeiture ; and little more could be done this way. The common people, who had suffered so much during the former years, were many of them cut off, transported to the planta¬ tions, or mewed up in prisons ; and the rest so borne down by the soldiers, and time- iv. 353 i serving persons, and wanted ministers to preach to them, that they lived as 1 ' privately as might be, essaying to pass this melancholy time as much unobserved as they could ; and a good many complied in some things, and now and then heard some of the better sort of the established clergy, especi¬ ally such who showed themselves hearty protestants, by opposing popery now coming in so fast. In short, except as to church- irregularities, there was not much ground for the persecutors to work upon ; yet still we are to consider the sufferings of presby¬ terians as continuing, by the lengthening out of many of the evils formerly lying up¬ on them, and the persecution as remaining in every thing wherein any serious persons could be reached by the then laws, and even beyond them. Indeed the society people, this and the succeeding years, were hunted and harassed in the south and west, as far as they could be discovered. Their hard¬ ships were indeed inexpressible, and their preservations and deliverances remarkable. Mr James Renwick was preaching here and there, as he best could, in retired places ; but his falling in noth the tenets, declara¬ tions, and heights, w hich the generality of presbyterians could not approve of, his be¬ ing necessarily led by his followers, to some things he would not otherwise have gone into, instead of leading them, and their set¬ ting up against all the remaining presby¬ terian ministers, indulged and not indulged, kept the most part of presbyterians from joining with him ; yet, by the papers I have seen, and the accounts I have, I am well assured, Mr Renwick, and some with him, laboured hard to bring his followers from several heights they had run to ; and it is plain, he smoothed many things in their public papers, and moderated some things in their public actings, especially after Mr Shiels joined him. In short, though the violence against presbyterian ministers and their followers, for conscience sake, was nothing, strictly speaking, abated, yet the project for introducing of popery, by re¬ moving the penal statutes, and granting a toleration to papists, when that did not succeed, made it convenient, that there should be some little superseding of the more overt, open, and common acts of 2 Y OF THE CHURCH OF^SCOTUAND. THE HISTORY OF THE SUFFERINGS [BOOK III. 854 violence, rapine, and bloodshed, so frequent for some years, the more to cover their specious pretext of easing tender consciences, though every one who was not blind might see, that all the relaxation this way, Avas only designed for the advan¬ tage of the king’s religion. All the respite then at this time, Avas either from mere necessity, and want of objects to work upon, through their preceding barbarity, or designed to cozen and cheat all who had any warm side to the protestant religion, to go into, or, at least, not oppose the Jesuiti¬ cal measures the king Avas entering upon, for the total ruin of the reformation. My narrative then of this year shall come under the heads of the persecution continuing through the country, the re¬ markable procedure of the parliament ; and I shall bring in the state of the society people, and some other things relative to this year, in a section by themselves. SECT. i. Of the procedure of the justiciary , murders in the fields, and other branches of the persecution, this year, 168C. It is the public and barbarous violences, tortures, public executions, and murders in cold blood, that will leave the frightful impressions of the blackness of this time I have been describing, most sensibly upon the spirit of the readers ; but a little thought and reflection upon the circum¬ stances of multitudes of other presbyterians, \Arho escaped those, will discover them to be most lamentable. Their silent sabbaths, the struggle they had before they could partake of, and the sensible uselessness attending the dispensation of ordinances by the episcopal clergy, the daily distress and terror that was upon their minds, together with the lamentable prospect they had of their posterity’s being brought up in ignor¬ ance and profanity, and under the want of the gospel purely dispensed, were not easy to them ; yea, in some measure, more bit¬ ter than bodily torture and death. They had, in short, the daily vieAVS of an intro¬ duction of the blackness of darkness of popery, to which prelacy and such horrid persecution had paved the way. Besides all this, common to all presbyterians this and the two following years, the justiciary Avent on in their forfeitures, mostly upon Argyle’s attempt. The finings for non¬ conformity in some places Avere very exor¬ bitant ; and Ave shall meet Avith some other particulars of the continuing persecution, murders in the fields, and other instances of severities ; and in this section I shall give the reader some vieAV of these. I begin with a short hint of what is remarkable in the criminal books, just ac¬ cording to their dates, as they offer. De¬ cember 21st last year, the advocate intents a process against the duke of Buccleugh and Monmouth, Fletcher of Salton, and the lord Stair,* and a very long indictment is given in against them, and read. We may easily guess what Avas to be charged upon the first, and Ave have had the sum of the libels against the other two formerly. To begin with the duke of Buccleugh, he is delayed till January 4th, and then to February 15th, Avhen “ the duke of Buc¬ cleugh and Monmouth deceased, is forfeit¬ ed for converse with Sir John Cochran and his son, Westshiels and Cultness, forfeited rebels, for joining in out-rigging three ships with the late earl of Argyle, and landing in England upon the last of June 16S5, at Lyn, and taking on him the title of king, and re¬ sisting his majesty’s forces; for all which he was executed the day of July * In the characters of Statesmen in Curstair’s State papers, Stair is thus described — “ Is eldest son of lord Stairs president of the court of ses¬ sion in the reign of Charles II. and fled to Hol¬ land after the duke of York’s parliament, and was restored to liis former place at the revolu¬ tion. This gentleman, notwithstanding his father’s disgrace, was made lord advocate in the reign of king James. After the re\rolution he was made secretary of state along with lord Melville, and then with Mr Johnston (son of Warristori) who threw him out of all; nor was he after employed in that reign. On queen Anne’s accession to the throne, he was created earl of Stairs. He is a very good law¬ yer, has great natural talents, is a fine orator, but factious ; and makes a better companion than a statesman.’’ He rendered himself obnoxious to the Avhole nation, by his concern in the infamous massacre of Glenco, the whole being imputed to his means. He was father of the renoAvned_ field- marshal John earl of Stair. — Ed. CHAP. X.] OF THE CHURCH OF SCOTLAND. 355 last.” January 4th, the lord Stair’s process is delayed till April next, and the lords enter upon Salton’s process. The advocate restricts his libel, to his invading England with the late duke of Monmouth and Buc- cleugh, and it is remitted to an assize. Two witnesses are adduced : the first depones, he knew the laird of Salton, and saw him come to England and invade it ; the other, that he saw and knew one so called, come to England in a ship with the duke of Monmouth, and saw him with arms. An¬ other declaration is adduced, emitted in Newgate, which was offered to be attested upon oath. The assize bring him in guilty. The lords sentence him to be executed to death, and demeaned as a traitor, and under¬ go the pains of treason, when apprehended. Sir James Dalrymple of Stair is delayed from April to July, when, July 12th, the lords delay him till November, no further probation being discovered against him. In November, he is continued till January next year. In February, his son is made king’s advocate, and it had not been decent for the son, to manage a criminal process against so good a man, and father : and therefore, that day when he is admitted, the father’s process is delayed till March 28th, when a remission is produced, read and recorded, to Sir James Dalrymple of Stair, for his resetting, harbouring, and receiving mail and duty from rebels and traitors, upon his ground, in the years 1679, 80, 81, 82, 83; John Dick in Banban, Quintin Dick in Dalmellington, and many others; and for resetting and harbouring Mr Alexander Lennox, Mr Alexander lloss, Mr Alexan¬ der Pedin, and Mr Alexander Hamilton, vagrant preachers, and suffering them to preach, and baptize children in his house, and for his drawing a petition for, and ad¬ vising some of the rebels. January 4th, the advocate produceth an indictment, upon the score of rebellion, against Campbells and others. There are a vast many persons put together in this indictment, upward, I think, of fourscore ; most part are gentle¬ men of the name of Campbell. I name but some of them of most note. Sir Duncan Campbell of Auchinbreck, Campbell of Bar- breck, Mr ArcliibaldCampbell son to lordNeil Campbell, whom we had forfeited before. and how he comes in again here I jggg know not ; Campbell younger of Mel- fort, Campbell of Knap, Mr Alexander Camp¬ bell advocate, Campbell of Kilberry young¬ er, Alexander M‘Millan of Drumoir, David M'Neilof Crier, Duncan Campbell of Carri- del, Alexander Campbell of Otter, major Hen- ryson, captain John Fullarton, Mr George Wisheart (I fancy it ought to be Barclay) preacher, Mr Alexander Hastie preacher, Robert Elphinston of Lapness, captain John Henry, Patrick Campbell, commonly called black Patrick, Patrick M‘Kater of Inchren- nie, Archibald M‘Levernock of Oab, Iver MTver, alias Campbell, of Aishnisli, Campbell ofEavnathan, Campbell of Kildalvan, Ker of Kersland younger, John Campbell of Dar- gachie, Robert Campbell his brother, Dugald Macavisli of Dunardrie, Alexander M‘Car- thur captain to the late Argyle. There is nothing of probation against those persons in the registers, but they are remitted to an assize, who bring them in as guilty of being in the rebellion, with the late earl of Argyle ; and the lords sentence them to be executed and demeaned as traitors, when apprehend¬ ed, in common form. That same day, the criminal action against Mr Thomas Forrest¬ er minister, John Guthrie, Alexander Camp¬ bell of Sonnachan, John Nisbet, Dugald M'Levernock, of Ardmasick, for alleged accession to the late rebellion, is continued, and I meet with no more about them. And Hugh Campbell, brother to John Campbell of Dargachie, deserted simpliciter, as being eminently serviceable to the king, being employed as a spy by Montrose’s chamber- lain. January 18th, Duncan Campbell of Ellangreg younger, confesseth his accession to the late earl of Argyle’s rebellion, casts himself on the king’s mercy. He, with his father Colin Campbell of Ellangreg, are sentenced to be executed July 9th, at the cross of Edinburgh ; but remissions were got by that time. And December 7th, Camp¬ bell of Balnavie, Campbell of Dana, Camp¬ bell of Balgaltro, M'Lachlan of Barnagad, M‘Laclian of Dunnad, and Colin Campbell of Blairin-tibbert, are sentenced to be ex¬ ecuted and demeaned, &c. in common form. This is all I meet with as to the gentlemen concerned with Argyle this year. Wo shall meet with some more next year. It 356 was their estates now they Mere 1 686 J seeking more than their blood. 1 find this year two other processes be¬ fore the justiciary, for alleged accession to Both well, and other heads. March 1st, David Robertson n'riter in Cowpar, is in¬ dicted for being in the rebellion 1679, and his framing and affixing upon the kirk- door of Darsie, a paper disclaiming the king, and calling the late king Charles a tyrant. Not compearing he is declared fugitive, and put to the horn. And upon July 14th, Gavin Weir in Waterside, in the parish of Lesmahago, in prison for the re¬ bellion 1679, and no probation appearing, the lords liberate him ; and William M‘Mil- lau in Barbreck, upon promise judicially never to rise in arms against the king, upon the pretext of the covenant, or any other pretext whatsomever, and that he should orderly keep his parish-church, and upon his owning Both well-bridge to be re¬ bellion, is liberate. Many were the fines and exorbitant ex¬ actions made this year and the following, upon the poor country, for not coming up the full length the episcopal ministers would have them. I have not laid out myself so much to recover the accounts might be had of those fines, all the particu¬ lars would be endless and wearisome. There is before me a well-vouched account from the parish of Calder, of fines uplifted by William Stirling, bailie-depute of the regal¬ ity of Glasgow, this year, and some of them perhaps in the two following years. L. s. James Donaldson portioner of Ralbreston, for a meeting for prayer at his house upon a sabbath, besides many other abuses and losses by the soldiers, fined and piad ... 200 - John Baxter tenant there for the same - 40 - Walter Donaldson there, for his wife’s being present 36 - James Stevenson tenant there - - 33 - John Paterson tenant there . . 23 4 What follows was exacted for mere nonconformity. John Barron tenant in Ralbreston - 29 - George Wardrop smith there . . 23 4 George Leech tenant there - . - 35 . John Horn weaver there - . 23 4 James Atkin miller there . . 29 - John Walker weaver there . . 23 4 Robert Brash cottar there - - - 12 - James Hodge tailor there - . . 18 - George Wardrop tenant there . - 31 . Margaret Walker widow there - 12 . James Craig tenant there . . 31 - (BOOK Ilf. L. s. 31 - - 12 - 31 - - 23 - 15 . - 60 . 18 . . 15 - 23 4 Tliose, and many other sums, Mere up¬ lifted by the said bailie-depute of the regal¬ ity, who obtained the gift of the fines for church-irregularities in that parish, from all who were not heritors, and exacted up¬ wards of a thousand pounds Scots from the poorer sort of people, without any legal citation, trial, or sentence, only sending for whom he pleased by his officer, and when they came, threatened them with present imprisonment, to lie there till they rotted, unless they promised, and of many he took a note, to bring him in such a sum of money against such a day ; and they behoved to come home, glad to escape present impri¬ sonment, and sell their cow or horse, or produce of their acre of land, to get money to pay him. The most part of those per¬ sons had lived regularly for some years ; and it was for alleged irregularities, a good many years ago, for which those fines M ere imposed ; and it was only the poorer part of the parish he attacked ; the tenants of the laird of Keir, and other gentlemen who could protect their tenants, he did not meddle M’ith, though many of them were equally involved M’ith the former, in what was now termed guilt. These sums indeed are but comparatively small ; but when we consider that they were imposed upon poor country tradesmen, cottars, &c. and that but in a few country towns in that parish, the reader may easily reckon what prodigious sums were lifted generally through the country, where such fines were exacted with the same rigour. Plunderings and oppressions of that kind w'ere very common this year ; I shall scarce enter upon them. In the parish of Dairy in Galloway, three good men had gone into a retired place of a w ood, to spend some time in prayer together. One of them under remarkable enlargement, had ex¬ tended his voice so that at some distance THE HISTORY OF THE SUFFERINGS John Leech tenant in Carderoch James Henry tenant there William Henry weaver there Walter Reid weaver there Alexander Barron tenant Thomas Paterson tenant in Lumnoch James Boyd tenant there Robert Steven tenant there James Hunter ... CHAT. X.] OF THE CHURCH OF SCOTLAND. 357 he was heard ; and a party of soldiers com- ing by, noticed the voice, and came to it as softly as they could. When they drew near, they observed three men upon their knees, and straightway, without giving them any warning, or endeavouring to seize them, they discharged their pieces upon them. It pleased the Lord none of the three were touched, but got off, and the soldiers soon lost them in the wood. However, such was the soldiers activity in persecution, that they went to the next house, and inquired to whom the wood belonged, and the grounds about, and plun¬ dered the houses as resetting those men, and brought the heritors to much trouble. January this year, a party of the soldiers searching the country, for which they never wanted pretexts, came to the parish of Stoneliouse in Lanarkshire, and carried away eight men and two women prisoners, for alleged hearing an outed minister. The two women had each of them sucking infants on their breast, and so savage were these people, that when the mothers were carried away, by no means would they suffer them to take with them their infants, but behoved to leave them to the care ot providence, and charitable neighbours. About the same time Halyards fearfully oppressed the neighbouring parish of Glass- ford, particularly Janet Scot, a widow woman, mother, as 1 am told, to John Semple formerly mentioned : her house was plundered, and plenishing spoiled, merely because it was alleged her son had been at Bothwell. Towards the beginning of this year, great numbers of worthy gentlemen, who had ventured over with Argyle, or favour¬ ed his design, were forced to hide or wander up and down under great hardships, and some of them to live in caves and dens of the earth, and retired places ; others were put to vast charges, to get access to any small part of their own estates in the hands of the managers. And the rest of the presbyterian gentlemen, who had no access to favour the earl when he made his at¬ tempt, whom we left in prison atEdinburgh, and others paid this year prodigious sums, as compositions of their fines, really for¬ feitures and impositions equal to them. However, there was some preaching g of the gospel here and there, by presbyterian ministers, but very privately, which was a sweet balance to the sore dis¬ tresses now so common. I find it observed, that last year and this, Mr George Barclay, Mr Robert Langlands, Mr George Guthrie, Mr John Black, and Mr Duncan Camp¬ bell, preached sometimes in retired places in Galloway. This summer the soldiers were sent to several places through the west country, to quarter, upon no pretended fears or faults, but merely to oppress and bear down such places of the country, as hitherto had not been brought up to a full conformity. Major Douglas came and formed a camp in the parish of Dalmellington, where a far greater was last year. Some soldiers were sent some time before the rest, to guard the meadow grounds, that the possessors might not cut or eat them. The major had with him six troops of horse, and four ot them for three wreeks were upon free quarter, without any reason for it ; one of them in Monnivey, another in Overlaight, another in Netherlaight and Dunaskies, and the fourth in Laffin-hill. I need not enter upon the damages done to the inhabitants, several of whom were sorely spoiled the very last year, as we heard. A bond of regularity was violently urged by many noblemen and gentlemen this year, much in the terms of the act already noticed in Queensberry’s parliament ; and a good many fell about renewing their tacks, as ordered by that parliament. By this bond insert in their tacks, the country people were obliged to subject to ordinances dispensed in their own parish-church, pay cess, and subject to every imposition that came about. This was a new occasion of sufferings to great numbers in the west and south, and very many refused such tacks. In December this year, David Steel in the parish of Lesmahago, was surprised in the fields by lieutenant Crichton, and after his surrender of himself on quarters, he was in a very little time most barbarously shot, and lies buried in the church-yard there. This is all I shall notice upon the persecution this year. I come now to the procedure of the parliament. 358 THE HISTORY OK THE SUFFERINGS [BOOK III. 1CS6. SECT. II. Of the proceedings of the parliament, which met April 29th, this gear, with the dis- appointment of the project for rescinding the penal statutes. My accounts of the parliaments since the restoration, have, no doubt, been melan¬ choly and unpleasant to the readers. In all their acts relative to church-affairs, they were tools to the prelates ; and after the council had assumed a parliamentary power, and made experiments how the rigid and extraordinary methods would do, the parliament, as we have seen, then used to meet and turn the actings of the prelates and council into standing laws, and contin¬ ual burdens upon the lieges. This course of things had given ground to expect, that this session of parliament would pay the same deference to the king’s declared will, which the preceding parliament had shown to that of the council and prelates; but they have the honour to make the first gallant stand to the court measures, at least in point of our holy religion, and reforma¬ tion, that hath been made since the return of king Charles II. therefore I shall give as full a deduction of their procedure, especially as to the penal statutes, as my materials offer me, earnestly wishing to see a larger and better account of this, by some better hand. In March it came to be known, that the parliament was to meet next month, and the design of it, to repeal the penal statutes, was made no secret of. No stone was left unturned, to prevail with the members to fall in with the king’s design. I cannot give so distinct accounts of the carriage of the episcopal clergy at this time, as I could wish ; but this I am well informed of, that several of the inferior clergy in a good many places of the country, some time after this, w hen the king, by his letter ordered an indulgence to presbyterian ministers, did begin to preach upon the popish contro¬ versies, and warn their people of the haz¬ ard the protestant religion was in. But too many of them took this occasion to vent their groundless spleen against the presby¬ terian ministers, who, with the greatest freedom, did guard their hearers against popery ; and some of them w o shall hear were criminally processed for so doing. But what they did before, and during the sitting of the parliament, I have little infor¬ mation. However, I shall carefully insert what I have. Many of the most noted of the established clergy in the most eminent charges, were brought over to the court measures, or at least to be silent at this juncture. Too many of them had gone entirely off the doctrine formerly taught in Scotland, not only in times of presbytery, but even by themselves, and in former times of episcopacy, and were deeply tinctured with Arminianism, and other errors ; and severals, either through ignorance or some¬ what worse, were running headlong into a great many popish tenets ; and the bulk of the inferior clergy through the country, were grossly ignorant, supinely negligent, and too many of them scandalous and pro¬ fane, as appeared undeniably at and after the revolution. From those, no stand could be expected against popery in its blackest shapes. The lords of the clergy were a mixed company, and some few of them made a stand in parliament, as we shall see ; but, excepting that branch of appearance of some of the bishops, the only testimony given from the clergy I have met w'ith, against this opening the door to popery, wras from the synod of Aberdeen. They met in April, and after some struggle, with a party who were for boating with every wind and tide, they agreed on the following address, tvhich I insert here, as their commendable testimony against the attempt to be made in parliament. To the right reverend father in God, George lord bishop of Aberdeen, the humble address of the diocese of Aberdeen. “ May it please your lordship, “ We look upon it as a favourable providence, that we have this opportunity of meeting with your lordship, before your going to parliament. The constancy of our loyalty, both as to our principles and practices, is known to all, and, God willing, we shall continue in it. We need not tell your lordship, what apprehensions there are of the hazard of the true protestant religion I in this church, seeing there is so great fear of | losing the legal securities of it, by taking off or weakening the force of the penal statutes against CHAF. X.] OF THE CHURCH OF SCOTLAND. the papists, which we look upon as one of (he hedges thereof. We cannot persuade ourselves, that your lordship, or any other of the gover¬ nors of the church, will consent thereunto, were it no more, hut when we consider the great ob¬ ligations that lie upon all persons in public capacity, by the late solemn oath and test, where¬ in they and we have lifted up our hands to the eternal God, and sworn not only to adhere to the protestant religion all the days of our life, but never to consent to the alteration thereof, or any thing contrary thereunto ; as also to the utmost of our power, to maintain the privileges of his majesty, and his lawful successors, which cannot but be highly prejudged, if the nation should be leavened with popish principles. But whatever any may do, we judge ourselves humbly obliged in conscience, to entreat and ob¬ test your lordship, that as you tender the honour of Jesus Christ, the interests of our holy religion, your duty to the king and his lawful successors, the obligation of your office and trust, and the reputation of your order, not to give consent to any such alteration. The eye of God is upon you, and the eyes of the world also, at this junc¬ ture of time, and we have just ground to pre¬ sume, that your standing vigorously for the pre¬ servation of the established laws, may be of great consequence for the end foresaid ; but whatever may be the issue, we shall have peace in this, we have discharged our own consciences, leaving this humbly to your lordship’s consideration ; and it is and shall be our earnest prayer to almighty God, to direct your lordship, and all concerned in this weighty affair.” I am much a stranger to the bishop’s character, but there is no hazard iii putting the best of men in mind of their duty and having it pressed upon them : but one would think some terms in this address im¬ port, that their diocesan needed this honest and free advice given him. Upon the 29th of April, the parliament convened at Edinburgh, and there was a numerous meeting of all the three estates. 1 have already noticed, that the king’s design, and consequently the commissioner and courtiers’ work was to rescind the penal statutes and laws made against papists since the reformation, and so often ratified, even last session of parliament, if I may call such an act a ratification, that so the popish king might be the more at liberty, to fill all the civil posts and places of trust with papists. Those laws indeed had been very little executed for 2G years. The zeal of o ~r\ C)0 the prelates and government had spent itself against presbyterians, yet still they were laws, and in standing force, and a considerable bar in the way of a popish prince, and such who were willing to serve him in all his designs. The most vigorous and cutting laws against papists and popery, ever made in Scotland, those, betwixt the years 1639 and 1650, were long since re¬ scinded ; and our national covenant, as well as the solemn league, our great bulwarks against popery, had been treated with all the spite and ignominy men could contrive. Our fundamental constitution was broke in upon, and our laws already invaded by a papist’s mounting the throne, and the tide of the times had been running most impetu¬ ously against presbytery, and presbyterians the most hearty opposers of popery ; so that on the whole it might have been natur¬ ally enough expected, especially from such a parliament, that some further acts of favour would have been shown to the king’s friends, and fellow-idolaters. But the Lord would have it otherwise. To facilitate the king’s project, his letter to the parliament was read. I have an¬ nexed in a note* a copy of his majesty’s * King’s letter to the parliament , with the parlia¬ ment’s answer, and. the commissioner’s speech, April 2 9f/i, 16S6. James 11. My lords and gentlemen, The great te stimonies we had of your loyalty and affection to our royal person and government, at your last session, (in which you not only made an humble offer of your duty in ample manner, and showed your abhorrenceof the rebellion then raised against us, and your readiness on that and all other occasions to stand by us with your lives and fortunes ;) but (wisely considering how much the forces which former parliaments had given us supplies to maintain, supported by your assistance, and, blessed by God, were instru¬ mental in ending that unnatural rebellion) you gave us the occasion, by augmenting your sup¬ plies, to add to our forces, (and consequently to your own security) for all which as we then re¬ turned you our most hearty and royal thanks, and considered you the examples to our other subjects, of loyalty, duty and affection to us, (as you had been in our former difficulties) so it stirred up in us an ax-dent desire of making such returns unto you, as might every way make you find the advantage of your faithful¬ ness and duty to us. It is for this end that we have again desired to meet you in this session. We have considei-ed your interest as much as our distance from you could bring into our pros- 360 THE HISTORY OF THE SUFFERINGS [ROOK III. letter, with the earl of Murray’s speech as commissioner, and the parliament’s answer to the king’s letter. How it comes that the earl of Perth, now pect, and those things which we found proper for it, whether in relation to trade and com¬ merce, or easing some things uneasy to you amongst yourselves, we have fully instructed our commissioner (with your advice and con¬ sent) to conclude so as may be most for the general good of that our ancient kingdom. W e have made the opening of a free trade with England our particular care, and are proceeding in it with all imaginable application, and are hopeful, in a short time, to have considerable advances made in it. We have considered the trouble that many are put to daily, by prosecu¬ tions before our judges, or the hazard that they lie. under, for their accession to the late rebellions ; and to show the world (even our greatest ene¬ mies themselves) that mercy is our inclination, and severity what is by their wickedness extort¬ ed from us, we have sent down to be passed in your presence, our full and ample indemnity, for all crimes committed against our royal per¬ son and authority: and whilst we show these acts of mercy to the enemies to our person, crown, and royal dignity, we cannot be unmind¬ ful of others our innocent subjects, those of the Roman Catholic religion, who have, with the hazard of their lives and fortunes, been always assistant to the crown, in the worst of rebellions and usurpations, though they lay under dis¬ couragements hardly to be named : them we do heartily recommend to your care, to the end, that as they have given good experience of their true loyalty and peaceable behaviour, so, by your assistance, they may have the protection of our laws, and that security under our government, which others of our subjects have, not suffering them to lie under obligations which their religion cannot admit of. By doing whereof, you will give a demonstration of the duty and affection you have for us, and do us most acceptable service. This love we expect you will show to your brethren, as you see we are an indulgent father to you all. For these, and such other matters as we conceive for our service, and the universal good of the nation, we have sent our right trusty, and right entirely beloved cousin and counseller, Alexan¬ der earl of Murray, secretary of state for that our ancient kingdom, our commissioner to you, believing that none will be more acceptable than one so immediately employed and trusted about our person, of whose long and faithful services we have full experience, in every one of the sev¬ eral employments he has been in, and of whose loyalty and affection to our person and service we are fully convinced : to him we desire you to give entire credit, as one fully instructed and trusted by us, from whose experience and faith¬ ful endeavours, with yourloyalty, love, and duty to us, we have good reason to expect a happy conclusion to this session : and you may assure yourselves in general, and every one of you in particular, that we shall have both the general concern of the nation and yours, into our most particular regard, which we shall express by our royal favour, upon all suitable occasions. So not only expecting your compliance with us, but that, by the manner of it, you will show the chancellor, had not a speech, or if he had, that it is not printed, I cannot say. Now, I suppose, he had declared himself papist, and it was not altogether decent, that a world your readiness to meet our inclinations, we bid you most heartily farewell. Given at our court at Whitehall, the twelfth day of April, 1686, and of our reign the se¬ cond year. By his majesty’s command, Meleord. The parliament of Scotland's dutif ul answer to his majesty's letter. May it please your sacred majesty, We do return your majesty our most humble and hearty thanks, for the frequent marks of your royal favour expressed to this your majes¬ ty’s ancient kingdom upon all occasions, and particularly in your majesty’s gracious letter, dated the 12th of April last; and your majesty may, with full assurance, expect, that your gra¬ cious acceptance of those services we did you in the last session of this parliament, will encour¬ age us to continue our zeal and firmness in this for your majesty’s service, and the royal inter¬ est upon which, under God, we acknowledge our happiness and preservation do entirely de¬ pend. Your majesty’s care of the trade of this kingdom, (which is at present exceedingly de¬ cayed,) and particularly your royal endeavours to procure us a free trade with your kingdom of England, will very much enable us to make these supplies effectual, which we have so hear¬ tily and willingly undertaken, for the security of the crown, and safety of the kingdom; nor shall the advantages that can arise thereby, be more acceptable to us upon any other account, than so far as they may be a testimony of your majesty’s kindness, and conduce to those great ends. Your majesty’s clemency, testified in the offer of an indemnity to these desperate rebels, who could have expected pardon from no mon¬ arch on earth but your sacred majesty, and the greatest aggravation of whose crimes lies in op¬ posing such gracious and merciful princes, will (we hope) not only convince your other subjects, how happy they are under your government, but reclaim them from bearing any further en¬ mity to it ; and to let them see how extravagant, as well as undutiful, their endeavours will be, in opposing your majesty, and your royal suc¬ cessors, we do again most sincerely and heartily offer you our lives and fortunes, for suppressing all such as shall, upon any account or pretext whatsoever, attempt, either by private contriv¬ ances, or open x’ebellions, to disquiet your glori- ious reign. As to that part of your majesty’s letter, relating to your subjects of the Roman Catholic religion, we shall, in obedience to your majesty’s commands, and with tenderness to their persons, take the same into our serious and dutiful consideration, and go as great lengths therein as our conscience will allow, not doubt¬ ing that your majesty will be careful to secure the protestant religion, established by law. Your majesty’s commissioner has, to our very great satisfaction, signified to us, that he is fully in¬ structed by your majesty, to promote every thing CHAP. X,] 361 OF THE CHURCH professed papist should have a speech in behalf of his own party. The letter is printed by the king’s express command, which is not so very ordinary ; but it might ■which may tend to the improvement of the wealth and prosperity of this your ancient king¬ dom, and we hope, that by his wise care and conduct, this session of parliament may be brought to a happy conclusion ; and to him, seeing your majesty has well judged that none could be more acceptable, we shall give that entire credit and concurrence, and pay that respect which is. due to the eminent character which your majesty has been pleased to give him ; and to that con¬ stant loyalty and fidelity with which he has acquitted himself in all the former trusts and employments which he has borne under your majesty’s royal brother and yourself, hoping that we shall give him just reason to report, at. his return to your majesty, with how much zeal, duty and affection, we endeavour to deserve the being considered by your majesty as May it please your sacred majesty, Your majesty’s most humble, most faithful, and most obedient subjects and servants, Perth, Cancel. I. P. D. Pari. Edinburgh, May 6th, 1 686. Ilis majesty's nigh commissioner s speech. My lords and gentlemen, The great sense which his sacred majesty retains of your loyalty, duty, and zeal for his service, and of your signal affection to his person and interest, so kindly expressed in your proceedings of the last session, hath determined him to meet you again so soon in this, to the end. that as you did then by very seasonable proofs of your dutiful obedience, even during the raging insolence of an unnatural rebellion, demonstrate your loyalty and firm adherence to the crown ; so his majesty would not be wanting on his part, to show his paternal and royal care of you his ancient and loving people, by giving you fresh opportunities, of doing such things as may tend to the universal good of the nation, as a generous return to your affections. As all the states and ranks of men in this kingdom, have been most eminent in their loy¬ alty, love, and deference to his majesty in their several degrees and capacities, both when he honoured you with his royal presence, and since; so his majesty is graciously resolved, that you shall, in your several stations, share of the effects and influences of his royal care, tenderness, and rotection, by marks of his royal favour, which e intends shall be as comprehensive and gen¬ eral, for the, security and happiness of you all, as your duty and kindness towards him have been remarkable. Pursuant to this, I am to assure you that his majesty doth endeavour, with all imaginable care, to open a free intercourse of trade with his kingdom of England, as one of the surest ways to save his royal burghs from the ruin threatened by the decay of commerce, and will leave nothing unessayed that ir ay pro¬ mote a work so beneficial to this Kingdom. And for your further encouragement, the king hath ful¬ ly instructed his envoy at the court of France, to use his utmost endeavours for having the fifty soh per tun discharged, and for recovering the posses¬ sion of the other privileges of the Scots merchants IV. OF SCOTLAND. be now necessary that all should know what his majesty expected lor his helot'ed Homan Catholics. I shall make some remarks upon it. The king trading with that kingdom, which have been now a long time suffered to run into desuetude. And his majesty conceiving that the burghs of regality and barony, enjoy more of that trade, for which the burghs royal bear the sixth part of the cess of the nation, than does justly fall to their share, has therefore been graciously pleased to instruct me, to give his royal consent . to such regulations therein as you shall think just and equitable. And there having been several complaints made to his majesty, of the trouble which merchants of this kingdom meet with in the matter of the staple and trade with the Netherlands, I am fully instructed to give his consent to what you shall advise as reasonable, for the redress thereof for the future. And whereas his majesty is informed of the great prejudice which this kingdom suffers by the im¬ portation of Irish cattle, horses, and victual : I am also fully instructed, not only to give his royal assent to whatever may free you from that abuse in time coming ; hut likewise to inquire into the connivances and malversations of those who in times past have been intrusted to hinder and discover all such illegal importations, to the end that they may be punished according to law. I am also to acquaint you, that the king being informed, that the want of an open mint is a sensible prejudice to the traffic of the king¬ dom ; I am therefore empowered to give his royal assent to what the wisdom of this parlia¬ ment shall think just and reasonable in that point. As his majesty, in his royal prudence and goodness, intends to promote the trade of this nation, by all possible and fit methods ; so he hath commanded me to tell you, that he is not at this time to demand any more supplies or impositions of any kind, notwithstanding the great and necessary charge which the suppressing of the late horrid rebellion has put him to ; being fully convinced that your affection and alacrity have already prompted you to give all that was convenient for you to spare. In re¬ quital of which, he is resolved to do all he can for the advancement of the good and interest, and increasing the wealth of this kingdom ; a thing which his majesty is very sensible has been a long time too much neglected, conceiving his royal state inseparable from the happiness and flourishing prosperity of his people. And the king well knowing how heavy the cess lies upon the land-rents, if it were not indispensa¬ bly necessary, as well for your own safety, as the support of his government, would willingly discharge some part therof : but this being im¬ possible, I am fully instructed to pass any law, with your advice and consent, that may give ease in that matter, not diminishing the former quota. I am further to acquaint you, that his majesty has taken special care to instruct me fully for giving his royal consent to all such laws and regulations, as may secure exact pay¬ ment to the country, Irom all his officers and soldiers in their quarters, both local and tran¬ sient, for the future ; and to see exemplary pun¬ ishment inflicted upon all persons who hereto¬ fore have oppressed any ot his loving people, by denying or detaining their just dues from 2 Z 362 THE HISTORY OF THE SUFFERINGS [BOOK III. compliments them upon last year’s uou‘ supply, sets them up as patterns of loyalty to England and Ireland, both now, and in his former difficulties ; when, indeed, Scotland screened him from the defenders of libei'ty and reli¬ gion, in England. As a return to their services, the king tells them, he was, with all imaginable application, essaying to open a free trade with England. It would seem now projected upon some other foot, than a union, so often projected in vain. He adds, that he had sent down to be passed in their presence, “ a full and ample indemni¬ ty, for all crimes committed against his royal person and authority.” No such in¬ demnity is to be found in the printed acts of this session. A pardon for the commons in the shire of Argyle, we shall meet with in September; but the parliament are either to be blamed for marring this act of grace, or, which I rather believe, found it really suspended on such conditions, and clogged with such weights, that the sub¬ jects were as well without it. Thus, for anything I can learn, it dwindled away into the pardon to the common Highlanders, from whom they had taken all they had to lose. I imagine this indemnity was like the pope’s indulgences, which take no ef¬ fect, unless people come up to their price, them. And for easing the commons of many oppressions, alleged to be committed by commis¬ sars, I am likewise empowered to pass an act, with your advice and consent, for regulating the same. That which will surprise you much, is, that as the king is solicitous to provide for the secu¬ rity of this kingdom, and to encourage and cher¬ ish his dutiful and loyal subjects as his obedient children, so as a tender hearted and compassion¬ ate father is willing and ready to forgive, and merciful to pardon the unexcusable faults and crimes of such as have behaved themselves un- dutifully, and even rebelliously against him. And therefore to settle and quiet the minds of his people, and once more to drive away the fears of the guilty, by delivering them from their apprehensions of that punishment which they have so justly deserved, he hath graciously been pleased to instruct me, to pass his full and am¬ ple indemnity, with some few necessary and reasonable exceptions, for all past crimes and misdemeanors whatsoever ; which may convince the world that his majesty delights* by sweet and gentle methods of mercy and lenity, to re¬ duce all to duty and obedience, and that nothing but their own perverseness and incurable obsti¬ nacy in evil, can force from him that just severity as appears from what follows in the letter. “ His majesty’s inclinations to mercy” seem to have been suspended upon the favours to be shown to the papists ; thus he adds, “ And while we show those acts of mercy to the enemies of our person, crown, and dignity, we cannot be unmindful of others our innocent subjects of the Roman catho¬ lic religion.” This was what might be ex¬ pected, and one good reason why all good protestants could not but be against his accession to the crown and dignity ; but how far he had reason to term them ‘ his innocent subjects,’ ought to be considered; innocent they were, no doubt, as to any op¬ position to his accession, or practices against what they reckoned, and really was their greatest interests as papists ; but sure they were not innocent in other respects. Their avowed principles lead them to the greatest villanies and wickedness men can perpe¬ trate, and their practices never disagreed when they had opportunity. Since the re¬ formation they had been in a continued plot for overturning our religion and lib¬ erty, and bringing Scotland under a foreign yoke. They had been the springs and authors of many evils, for many years, and most bitter instruments in all the massacres, blood, and persecution of those times, as they had access ; and it was their constant which sometimes becomes necessary for the safety of his people and government, though contrary to his princely and merciful temper. And now, my lords and gentlemen, after so great and excellent designs for promoting the honour, the ease and wealth of this kingdom, after his resolution to pardon so many enemies, and to free so many of the guilty from further severe, but just prosecutions, his majesty believ- eth, that none will wonder, if he desire, by the advice and consent of this his great council, to give ease and security to some of his good sub¬ jects of the Roman catholic religion, who have in all times been firm to the monarchy, and ready to sacrifice their lives and fortunes for the services and security of the crown ; so that his majesty, who so perfectly understands the loyal and dutiful temper and genius of Scotland, rests fully persuaded of your ready and cheerful com¬ pliance with his royal desire and inclinations, tending so much to your own security and his satisfaction ; and that you will send me back to my great and royal master, with the good tid¬ ings of the continued and dutiful loyalty of this his ancient kingdom. By which you will show yourselves the best and most affectionate sub¬ jects, to the best, the incomparable and most heroic prince in the world. OF THE CHURCH OF SCOTLAND. 363 CHAR. X.] practice to divide and disjoin families and societies, and to sheath every man his sword in his brother’s breast; to say no¬ thing' of the personal vices and profanities, which, alas ! were equalled by too many who called themselves protestants. The king, or some pretended protestant, who for him had penned the letter, adds, “ The Roman catholics had, with the hazard of their lives and fortunes, been always assist¬ ant to the crown, in the worst of rebellions and usurpations, though they lay under discouragements hardly to be named.” I could name very good catholics, who joined with the country against the crown, when encroaching upon the laws of the kingdom, and liberty of the subject. We had a good number of papists joining against queen Mary, the mother and the daughter, and some few since that time, who have pre¬ ferred the interest of the country to the designs of a court ; though, I must own, their religion, which leads to downright slavery, was not the reason of it. Upon the other hand, we find them so far from assisting the crown, that they have been in a continual plot against it, generally speak¬ ing. Every body knows what plots they were engaged in while king James VI. was in Scotland ; and that monstrous gun-pow¬ der plot was projected, and very near exe¬ cuted by them. And whether the present king knew of their blowing the coal of the civil war, and their share even in his father’s death, I shall not say ; but sure he was not ignorant of their designs once and again against his brother’s life, and he him¬ self best knew how far they helped him to his grave. But this being for holy mother church, and in order to his own accession to the crown, it may be, some reckoned it an assisting: him, as indeed it was in the worst of rebellions and usurpations. It is certainly matter of fact, that in some sense, during his father and brother’s reigns, a good many Roman catholics were very as¬ sistant to the crown, and stuck by them in levying war against some of the best of their subjects ; but then it was their unhap¬ py falling in with popish measures, which broke them and their good subjects, and it could not but be expected, the papists would assist in their own quarrel. This much I will venture to say, that when ^ ^ king and court were heartily against popery and papists, they never had any dis¬ turbance but what came fi’om the Roman catholics. As to what is added, ‘although they lie under discouragements can hardly be nam¬ ed,’ it is undoubtedly true, if it be understood of the smallness of them. Their discour¬ agements since the restoration, especially since this popish king’s accession, were in¬ deed inconsiderable ; they had some laws against them unrepealed, but these were far from being executed, and many papists were in the highest places of trust and power. Those the king heartily recom¬ mends to the parliament’s care, ‘ to the end, that as they have given experience of their true loyalty, so by the parliament’s assist¬ ance, they may have the protection of the aws, and security under the government, which other subjects have, and not be suf¬ fered to lie under obligations which their religion cannot admit of. It is but reason- o , able to expect such a request from a popish prince ; but methinks, it runs pretty high, that they should not only have the protec¬ tion of the law, which they already had in civil things and rights, betwixt man and man, but the same security, and to be put on the same foot with other subjects, though they be of the king’s religion, when by their religion and principles they were ob¬ liged to destroy, and keep no faith with them. I do not know what obligations they were under, which their religion could not admit of; for if they lived peaceably and blamelessly, there were no obligations required of them. But, aut Ccesar aut nihil, there was a test in the way of their possess¬ ing all the profitable offices and trusts, and this bar they would have out of their way. All this is expected as a demonstration of the parliament’s duty to the king : where that lies is hard to perceive ; but I cannot doubt of what follows, ‘ and their affection for him, and acceptable service to him. This love the king expects they will show unto their brethren, as they see he is an indulgent father to them all. They are mightily obliged to their father’s indulgence, for bringing in his butchering children their bastard brethren, and making them heirs and portioners with the bairns of the house. 3G4 THE HISTORY OF THE SUFFERINGS [ROOK III. The letter ends with commendations of the earl of Murray, present secre¬ tary and commissioner to this parliament, and a promise, ‘ that the particular con¬ cerns of every member of parliament should be especially regarded, and expressions of royal favour bestowed upon them,’ only, it seems, upon their falling in with the king’s inclinations ; for he thus concludes, ‘so not only expecting your compliance with us,’ no doubt in repealing the penal statutes, ‘but that by the manner of it, you will show the world your readiness to meet our inclinations; we bid you most heartily farewell.’ That is to say, he expects impli¬ cit obedience, and that they will make no difficulties, nor presume to trouble him and his commissioner with reasonings upon this head, so much at his heart. This peremptory letter from the king, was followed with a very smooth speech from the earl of Murray, which is added in the preceding note. It consists mostly in a resumption of the heads of the king’s letter. To curry favour with them, he signifies, that the king’s envoy in France, was in¬ structed to have the fifty sous per tun, upon Scots goods there, discharged, and the privileges of Scots merchants there, re¬ stored. And had the French king been ever guilty of gratitude, it might have been expected, somewhat might have been done this way, to gratify the subjects of a king who was his obedient servant, and closely pursuing his design of rooting out the northern heresy. He adds, his instruc¬ tions bear him to consent unto the redress of the merchants’ grievances, as to their staple-trade with the Netherlands, the abuses in importing Irish cattle and victual, the want of an open mint, and all the oppressions of commissary courts. He acquaints them, his master is to demand no more supplies at this time, and no wonder, since last year they had prevented him this trouble ; and that he is willing to regulate the soldiers, in their local and transient quarter- ings upon the country; where a certain truth is owned from the throne, that there had been great irregularities and oppres¬ sions committed this way. What he adds seems no great compliment to his master; that which will surprise you, is, that the king is willing to pardon and forgive the crimes of such as have behaved unduti- fully ; and then harangues upon the in¬ demnity he was instructed to pass, and comes to the great thing in view, the ease and security the king designs for papists, by their advice, of which enough hath been said. This session of parliament was not so forward and quick in answering his majes¬ ty’s letter, as last year. The inclinations of a great many in the house, as to the grand point, w ere not altogether so passive and submissive as was expected ; and the reader will remark in their return to the king’s letter, added likew'ise in the pre¬ ceding note, that they were not willing to prelimit themselves by any compliment in their return to his majesty. So after some struggle with the courtiers, upon the Glh of May, they came in to this safe clause. “As to that part of your majesty’s letter, relating to your subjects of the Roman catholic religion, we shall, in obedience to your majesty’s commands, and with tender¬ ness to their persons, take the same into our serious and most dutiful consideration, and go as great lengths therein as our con¬ sciences will allow, not doubting that your majesty will be careful to secure the pro- testant religion.” This is the first time since the restoration, I remember, that the parliament speak of their conscience ; and instead of passing an act in favour of reli¬ gion, as was ordinary in every parliament, they become humble suiters, that a popish king may preserve it, and carefully secure it. Such beginnings were no good omen to the commissioner, who met with consider¬ able rubs in the way of his main errand. Indeed he wras not idle during the first month, in closetting members, and using both threats and promises to bring them in to his master’s measures ; and yet could not prevail with the most part of the nobility and gentry, to suffer the hedge about the reformation to be taken down. I have accounts from a wrorthy nobleman yet alive, of the daily messages sent to him, and various offers, and most advan¬ tageous proposals made, as well as severe tlireatenings used, if he did not come up to what the king had so much at heart, and CHAP. X.J OF THE CHUllCIi OF SCOTLAND. 365 had interested himself so openly in. But i his lordship, with many worthy patriots, made a gallant stand, and lost several con¬ siderable posts in the state and army, for their steadfast adherence to our legal secu¬ rities against popery. It was but two or three at most of the bishops, who had the courage to oppose the court in this important affair. Some of them, ashamed to appear in so black a cause, chose to be silent, or withdraw. The rest, contrary to their oath, office, and plain interest, fell in with the king’s darling design, and my informations bear, the chief of them were active for the removal of the penal statutes, which heightened the aversion the nation had for them. I hear bishop Atkin of Galloway, an old man, made a noble stand, and died shortly after ; otherwise probably he had been turned out. And bishop Bruce of Dunkeld, had a re¬ markable sermon at this time, much com¬ mended, opposed the penal statutes, and was put from his office. How the bishop of Aberdeen carried after he had been so honestly dealt with by his clergy, I know not ; but I find bishop Ramsay of Ross, used great freedom with the commissioner, and came to no small trouble therefore. That prelate, who was heartily against papists being admitted to places of trust, happened to be with the earl of Murray in his closet, and, after much home reasoning against taking off the penal statutes, came at length to use an argument ad hominem, and took the liberty to tell his grace, that he was surprised to find him so keen in pushing that affair ; and with some peremp¬ toriness assured him, a project was already laid to turn his lordship out of his post as secretary, as soon as the parliament was up, and to bring in a papist to it. The earl essayed to pump him upon that subject, and the bishop opened himself, and let him know all he had heard upon that head, scarce expecting his grace would have pro- paled what he had said to him alone, and as a friend. Upon what reasons the earl best knew, he was pleased very soon to give a full account of the bishop’s conver¬ sation with him, to chancellor Perth, who meditated revenge, and would not be satis¬ fied till the bishop was brought under a censure for what passed in private 1 A 1 pQA and friendly conversation ; and so far 1 did the chancellor push the matter, that he gave in a representation to the primate, which the reader will be pleased to have here. “ Representation from the lord high chan¬ cellor of Scotland, to his grace the archbishop of St Andrews, lord primate. The bishop of Ross, having upon the day of May, 1686, attended upon his grace the earl of Murray, his majesty’s high commissioner, and (after some discourse betwixt them) asked his grace, why he was so earnest in matters proposed by the king to the parliament, seeing that the lord chancellor, and lord Melford design to have his grace turned out of his office of secretary, when the parliament was over ; and his majesty’s high commissioner having desired to know what ground he had for such an information, the bishop said, it was a thing he was assured of, and his assurance was founded upon his know¬ ledge of the lord chancellor and Melford’s tempers and humours, or words to this or the like purpose. And this being prejudicial to his majesty’s service, and the honour and interest of the persons concerned, it is therefore desired that his grace, with advice of such of the clergy as he thinks tit, may take Dotice of it, and do therein as by the rules and customs of the church is usual in such cases, or such a crime deserves. “ Perth.” What was done by the primate, and the lords of the clergy upon this extraordinary step, I have not learned. It may be well supposed this course -was fallen into mostly ad terrorem , and for any thing I can hear, this prelate continued firm in his opposition to the project now on foot. During the month of May, I find very little public business gone through by the printed acts ; and suppose most of the time was spent in forming a party for the liberty designed to be given to papists, and essays among the members to bring them up to the king’s lure. That matter was now the subject of everybody’s conversation; and great care was taken of the printing presses, that nothing might be published against the king’s favourite design, or in defence of the present standing la. ws : and on the other hand, papers, and pamphlets, making a nose of wax of the established laws, were printed, carefully spread and handed about , while severals were brought to trouble for 36G THE HISTORY OF THE SUFFERINGS [BOOK III. handing about privately, papers in de- 1 686. fence 0p t^e jawg antj reijgion 0f the land. And the lampoons upon the penal statutes were encouraged, and smoothings of the grossest popish tenets greedily receiv¬ ed, and many popish books and papers carefully spread for corrupting the nation. Great efforts were made to choose the lords of articles, so as the king’s inclina¬ tions might meet with no opposition there : yet some struggle and opposition was made. I cannot pretend to give so distinct accounts how this act for repealing the penal laws was treated there, and in the house, as I would ; and I may be under some mistakes, as to the circumstances of time, in my con¬ jectures from the papers come to my hand; but, in as far as I can guess at this distance, the matter stood thus. Upon the 2’7tli of May, the following draught of an act in favours of papists, with some difficulty, was transmitted from the lords of articles, which, as being the ut¬ most length our managers for popery and a popish king could be brought unto, 1 shall insert here. “ The estates of parliament, taking into their serious consideration his majesty’s desire ex¬ pressed in his gracious letter directed to them, for some ease to his subjects of the popish per¬ suasion ; and that although there are several laws and acts of parliament containing sangui¬ nary and other punishments against papists, yet such hath been the force of Christian charity, and the meekness and gentleness of the protes- tant religion, that those laws have seldom or never been put in execution, since the reforma¬ tion, by their religious predecessors, and (A.) now being firmly resolved to adhere to the es¬ tablished protestant religion, and, so far as their religion and conscience will allow, to yield an humble and dutiful compliance with his majes¬ ty’s desires ; therefore his majesty, with advice and consent of his estates of parliament, statutes and ordains, that those of his majesty’s subjects, who are of the Romish communion, shall be under the protection of his majesty’s government and laws, and shall not, for the exercise of their religion in private, (all public worship being hereby expressly excluded,) be under the danger of sanguinary and other punishments, contained in any laws or acts of parliament made against the same. It is always hereby declared, that this immunity or forbearance granted to the papists for the exercise of their religion, in pri¬ vate houses allenarly, shall no ways import allowance or approbation of that religion, or any ways evacuate or prejudge the laws or acts of parliament made against popery, or in favours of the protestant religion, (B.) which are here¬ by declared to abide in their full force and effect as to all ends and intents for which they were made ; except as to the forbearance and immu¬ nity hereby granted in the terms, and to the effect above-mentioned, and no otherwise.” When this draught was proposed to the parliament, I cannot say ; but I have ground to think it was not read for some days, till the pulse of the members was tried upon this draught, which hath abundance of cunning in it. At length it came to be tabled in the house, where the reasonings were bold and warm against it ; and I shall enter no further upon them, but to acquaint the reader that he will find the substance of the reasonings against this draught, in the papers I am just now to place in the notes. The courtiers were glad to get off this field, and to have the draught remitted again to the lords of the articles to ripen it. There, instead of bettering it in the eyes of the courtiers, some new clauses were added to it, yet more shocking to them. After all their debates and reasonings, this act fell into the shape which the reader hath at the foot of the page.* * Act anent the penal statutes, 168o. Theestatesof parliament, taking to their serious consideration his majesty’s desire, expressed in his gracious letter .directed to them, for granting ease and relief to his subjects of the popish per¬ suasion, and that although there are several laws and acts of parliament, containing sanguinary and other punishments against papists, yet such hath been the force of Christian charity, and the meekness and lenity of the protestant reli¬ gion, that these laws have seldom or never been put in execution since the reformation by their religious predecessors; and as the estates of par¬ liament are firmly resolved to adhere to the true protestant religion by law established within this kingdom, and which is, and always shall be dearer to them than all their worldly concerns ; yet so far as their religion and conscience will allow, to yield an humble aud dutiful compliance with his majesty’s desires. Therefore his ma¬ jesty, with advice and consent of his estates of parliament, statutes and ordains, that those of his majesty’s subjects, who are of the Romish religion, are, and shall be, under the protection of his majesty’s government and laws, for their private and civil interests, and shall not, for the exercise of their religion in their private houses, (all public worship being hereby excluded,) in¬ cur the danger of sanguinary and other punish¬ ments contained in any laws or acts of parliament made against the same. It is always hereby CHAP. X.l OF THE CHURCH OF SCOTLAND. 367 In it the reader will observe, among other changes, two very considerable alterations. The first is at the letter (A.) in the first draught, and the paragraph runs, “ And as the estates of parliament are firmly resolved to adhere to the true protestant religion, as by law established within this kingdom, which is, and always shall be dearer unto us than all worldly concerns, yet so far as,” &c. as above. The other change was yet more choking, and it is at letter (B.) in the former draught, thus : “ And particu¬ larly shall not derogate from, evacuate or prejudge the 6 act, pari. 3. Charles II. inti¬ tuled, ‘ Act anent religion and the test,’ or any other acts or laws enjoining the oaths of allegiance or test, to be taken by all per¬ sons in public trust,' civil, ecclesiastical, or military, all which,” &c. as above. This clause, no doubt, was thrown in just to stop the act, and counter the court’s design, to bring in papists to places of trust and power. When in the committee, to which this matter was remitted, this draught was voted, the chancellor, finding that it would not satisfy the king, and being uncertain, if even with these clauses it would carry in the house, he saw proper to drop it entirely, and it was never brought into parliament. Indeed the most part of the members by far, were inflexible upon this head, and the court had the mortification to see their darling design in favour of papists, broken by the activity and unshaken steadfastness , of many worthy patriots. And the under¬ declared, that this immunity and forbearance granted to papists, for the exercise of their reli¬ gion in their private houses allenarly, shall no¬ ways import any allowance or approbation of their religion, or any ways evacuate, infringe, or prejudge the laws or acts of parliament made against popery, or in favours of the protestant religion, and particularly shall not derogate from, evacuate, or prejudge the 6th act, pari. 3. king Charles II. entituled, “ Act anent religion and the test,” or any other acts or laws enjoining the oaths of allegiance, and of the test, to be taken by all persons in offices of public trust, civil, ec¬ clesiastic, or military ; all which are hereby declared shall continue in their full force, strength, and effect, to the ends and intents for which they were made ; and whereunto these presents shall make no derogation in any sort, without preju¬ dice always to the foresaid immunity and for¬ bearance granted to papists for the exercise of their religion in their private houses, with, and under the express limitations and restrictions above-mentioned, and no otherwise. hand dealing among members, and plain discoveries then made of a formed design to introduce popery piece¬ meal, together with the after bold steps taken, when the parliament was up, awakened our nobility and gentry, at least several of them, to a generous concern about our holy religion and reformation, and sensibly prepared the nation for the glorious revolution providence blessed us with two years after this. That the reader may have some view of the arguments used upon both hands in this important matter, 1 have chosen to insert in the notes some principal papers handed about at this time, rather than form an abstract of them, because I was not willing to under¬ take the task of stating a matter of this nicety, and some of the papers never having been published, deserve to be handed down to posterity. The first I insert is, “ reasons why a consent to abolish the penal statutes against papists, cannot be given by any who own the government in church or instate.” This paper was written, with the assistance of a learned person, some years ago deceas¬ ed, by John Hamilton then writer in Edin¬ burgh, afterward town-clerk at Irvine, and now general receiver for his majesty of the duties upon stamped paper in Scotland. I have annexed it in a note,* and here I shall * Reasons why none who own the present govern¬ ment, can consent to abolish the penal statute. 1680. lmo. Because they being guilty of idolatry, as all protestants do agree, in the worshipping of the host, angels, images, &c. and popery is de¬ clared to be so, in the 1st parliament of K. Jam. VI. act 111, and act 5, and this being so hate¬ ful to God, and peremptorily forbidden, and dreadfully threatened in the second command¬ ment, and so severely punished by God’s ordi¬ nance, Exod. xxxii. and Deut. xiii. by the law of nature, Job xxxi. 28, and the committers of it excluded from the kingdom of heaven, 1 Cor. vi. and ix. Gal. v. 20. Eph. v. 7. seeing these laws are so agreeable to the laws of God and nature, none can in reason and conscience con¬ sent to the abolishing of them, especially seeing all due respect is preserved to our king, who by the law of the land, having none over him, is our supreme ruler j but they ought to be still obliging upon subjects. 2do. Because in the general confession of faith, which K. James subscribed, with his family at Edinburgh, January 28th, anno 1581, the year of his reign 14, and was enjoined by him, that all should subscribe anno 1581, the second of March, and of his reign the 14, and sub¬ scribed by all sorts of persons anno 1590, they 36S THE HISTORY OF THE SUFFERINGS [BOOK III. 1G8G 0C(‘as'0n to give a liint of Mr Hamilton’s sufferings upon this score, from an information he gave into our last Scots parliament, 170G, now before were also solemnly sworn before God, to detest and abandon all popish errors, naming them particularly, and to continue in the doctrine and discipline of the church of Scotland, according to the word of God, and established laws (amongst which are the penal statutes) under the highest pains temporal and eternal ; and since that time, these solemn oaths have been frequently reiterated by all in authority, yea, by all the inhabitants of this nation, so that none can consent to the taking away of penal statutes against papists, without the greatest prevarication and perfidy, or perjury before God and man, that ever was heard of in the world. 3 tio. It is most contrary to the oath of the test, and inconsistent with it, which was estab¬ lished by law in that parliament, wherein his pre¬ sent majesty was high commissioner for his royal brother king Charles II. by virtue whereof our parliament did swear it, and counsellors, judges, all magistrates, bishops, ministers, all officers and soldiers, and others in public trust, and many others, heritors, &c. have taken it. For in it, lwto. they solemnly declare, that they pro¬ fess sincerely the protestant religion, which none can do in earnest, who are not for the se¬ curing of it against the open and avowed ene¬ mies thereof, by the laws judged necessary to secure it, by our predecessors and ourselves, which are already made, but to consent to the removing of them. 2 do. They swear they shall never consent to any change or alteration contrary thereto, so whatsoever change or alter¬ ation (without limitation) contrary to it, is ab¬ jured : but the consenting to remove the penal statutes, especially in parliament, bringing in at least a toleration for popery by law, which is as contrary to our religion as darkness is to light, is a manifest acting against it, and for popery; and so is notorious perjury. 3 tio. They swear to renounce the pope and all foreign ju¬ risdiction, powers, superiorities, civil and ecclesi¬ astic, while they consent to tolerate papists, and so bring them in place of trust, by consenting to the removing of these penal statutes , they yield to them, it makes that part of their oath impos¬ sible to be kept. 4 to. They swear to bear faith to his majesty, and to his heirs and lawful suc¬ cessors, which they cannot do in consenting, that these who own another jurisdiction supe¬ rior to him, in his own dominions, should have penal statutes established by law, taken off them, and especially considering their principles may destroy the succession, of their own nature tend to do it utterly, if it be protestant, witness the holy league in France, and the oath enjoined to be tendered by the second Lateran council, to all in power in church and state of their religion, L aranza’s Sumnia Concil. pag. 628. 5 to. They swear that they shall never endeavour any change or alteration, in the church orstate, established by the laws of this kingdom, which cannot be per¬ formed if they consent in parliament to take away these penal statutes, against such who profess to be under another government of the church, and are sworn subjects to a foreign me. This paper of reasons was greatly es¬ teemed by many, who desired it might be printed; but none in Edinburgh would or durst undertake this. Whereupon Mr power, as all papists are. G to. They swear to the utmost of their power to defend, assist, and maintain his majesty’s power and jurisdiction aforesaid, against all deadly, &c. as they shall answer to God. How then can any be clear from perfidy, who consent to take away these statutes that secure these jurisdictions to his majesty’s person and successors? And finally, that they shall not accept or use any dispensa¬ tion from any creature whatsoever as to this solemn oath. What a complication of perjuries will be here, if this be consented to? as God forbid. 4 to. These statutes have been thought neces¬ sary for the securing our religion, by our wise, zealous, and godly ancestors, and they have been confirmed by all parliaments since the reforma¬ tion, although there was little cause of fear of popery from abroad or at home ; but now pop¬ ery having so prevailed abroad, and being so cruel and raging, and those of that profession being in places of greatest trust at home, and the court and these lands being filled with the emissaries of Rome, and some making defec¬ tion from the truth, when there is most need to secure our religion, to consent to take these penal statutes away, were not only to encourage apostacy, but is a treacherous breaking down the walls of our religion, and to invite the enemy to enter to destroy us and all our dearest concerns, especially our religion. 5 to. His present majesty, as high commissioner for his royal brother K. Charles II. did bear witness to, and consent to the ratification of all these acts, and about the test and religion, and since his coming to the crown, hath passed an act for securing our religion by hiscommissioner and parliament, ratifying all the former acts and laws for its establishment : wherefore his parliament did render him hearty thanks in a special manner, and he hath promised several times, to defend and maintain the protestant re¬ ligion, as now professed amongst us, as our bishops and clergy do inform us, which cannot be done, considering the corruption of men, and the subtilty, malice, and diligence of adversaries, the penal statutes being removed, seeing these add force to all laws, and if wanting, will ren¬ der them ineffectual and contemptible. 6to. It was the love of God’s honour and the true religion and zeal for them, and to secure the nation against idolatry, treason, and rebel¬ lion, heresy and antichristian tyranny and super¬ stition, and from apostasy, and the preservation of our lives, liberties, and estates, against the enemies of our religion, which were the reasons of these laws, which may be seen by the reading of them ; if we then shall consent to the removal of them against these crimes, and for securing these greatest concerns, what crime may not pass unpunished? and what of our greatest in¬ terests shall be secured ? This were, indeed, not only a condemning of our kings and parliaments since the reformation, but a most remarkable fall¬ ing from our first love, wherefore God might justly remove the candlestick out of its place, and give us up to all the abominations and do- lusions of the man of sin. CHAP. X.] OF THE CHURCH OF SCOTLAND. 369 Hamilton, at the desire of some of the members of parliament, caused double over as many copies as served all the members of parliament, and ventured to send copies 7mo. To consent to the taking away of the penal statutes against papists, removes all the security we have in law tor our religion ; tor the first acts, which are the second and third ot .pai- liament first, Jam. VI. establishing our religion and confession , are penal against the enemies ot it, (to wit the papists) as often, it not always, our laws call them, and all the rest are penal, as any indifferent reader may see, who shall be at the pains to read them; and so we consent to abolish utterly the protestant religion in Scot¬ land, for there is no other law before these for our religion, and likewise we establish popeiy by law, and all its abominations and tyranny, for all preceding laws now extant, are only in favours of popery, which who can think upon without horror and astonishment ? To conclude all our reasoning, what dishonoui would it bring to almighty God, if Scotland, who hath been so much obliged to him for his precious ordinances in so much purity and plenty, and hath so much professed to be tor him, and his truth and way, and is so solemnly tied to him and his way, by such sacred and frequent oaths, should, by their consenting to this, betray his interests, might not he say as in Micah vi and 9. “ O my people, what have 1 done unto thee, wherein have I wearied thee, testify against me.” And Jerem. chap. ii. ver. 10 and 11. “ Pass over to the isle of Shittim,’ &c. And might he not drive us out of his house tor wickedness, and love us no more, and give us a bill of divorcement for ever? And what intamy would it leave upon our nation for ever, as the most foolish, inconstant, and perfidious people that ever the world bore, and how hardening would it prove to our enemies in their abomina¬ ble way, and what encouragement would it give to them, who are diligent, numerous, subtile, and malicious, set on work by the devil to improve this, to destroy the true Christian religion, and adherers thereto, and to advance and secure all the abominations of antichrist ? and what ruin is like to come upon our souls eternally, and the souls of our posterity, by the contagion of these abominable delusions; and what intolerable sting would it leave in the consciences of such as are guilty ot this, through fear, ambition, covetousness, or any other cor¬ rupt principle, in the day when God shall reckon with them ? and what a Hying toll o! God’s wrath and curse will enter into their houses, and pursue them and theirs ? Zech. v. 1. But if these considerations, which are most weighty, should be laid aside, yet let all consider, who will in reason credit such who are treach¬ erous in these weighty matters? will such as are false to God, be true to man ? I heir adver¬ saries shall have all places ot trust and prefer¬ ment ; the church-lands shall be rent from them ; their lives, liberties, and estates shall be ruined, if they do not list themselves under the banner of antichrist. The sad condition of the reform¬ ed in France at the present, and the cruelties exercised in Hungary and in the valleys ot Piedmont, and what they have cruelly and barbarously done, even above the pagan persecu¬ tion in these places formerly, and in the Nether - iv. to the commissioner, the chancellor, the bishops of St Andrews, Glasgow, J and Edinburgh, and many other courtiers. The paper extremely galled the managers, lands, Bohemia, Moravia, Cilicia, in Ireland of late, in Britain in the days of both the Marys’ reigns, and wherever they have power, may cause us be wary, lest by our folly, timorousness, &o. we bring these barbarities upon ourselves, and utter destruction. If any should say, It is the king’s pleasure, that we should evidence our loyalty in this ; it is answered, His majesty’s pleasure is publicly de¬ clared already, which is to secure the protestant religion in this nation, both while he acted as commissioner in the parliament above-mentioned, and since he came to the crown in this parlia¬ ment current ; and therefore this is to be con¬ structed to be a temptation from the enemies of our religion, who will incessantly labour to in¬ duce him to alter his royal resolution and pro¬ mise, which we hope shall remain inviolable, notwithstanding all their assiduousness and cunning, considering his magnanimity and fidelity, which will indeed prove more miracul¬ ous (he being steadfast) than all the miracles that that church hath wrought and boasted of, since ever it turned antichristian, considering his near, manifold, and strong temptations ; but he will owe nothing of this to them, but to the goodness of God in the royal temper of his spirit. 2 do. His majesty is wise, and knows that the best of laws cannot be secured by men, without penalties, as our lives, liberties, estates, cannot be secured without them, and therefore are secured to us, viz. by penal statutes. 3 tio. His majesty is more princely, than to counsel, let be to command, far less compel his loyal subjects, to act contrary to the solemn oaths made in his own presence and allowed by him, and im doing so, consent to their own ruin, and to the ruin and destruction of all that is dearest to them : and further, in such a case as this, when sin is commanded, all faithful subjects to God, and truly loyal to the king, ought to fear him more that can kill, and cast soul and body in hell-fire, than the greatest of monarchs, who when they kill the body, have no more, they can do. Luke xii. 5. To finish this objection, his majesty in his way was constant against the laws established, and his royal brother’s com¬ mand, supposing it would have been sin in him to obey, much more ought we, having the law of God, of the church, and the laws of the land, confirm¬ ed by himself, aud having his example to countenance us to be steadfast, considering how much it concerns the glory of God and all our interests, spiritual, temporal, and eternal. If it be said that it is his majesty’s tenderness to these of his own religion, that they may be secured from sanguinary laws, that moves him to recommend this to his parliament. Answer. His majesty knows, his tenderness is to be ex¬ tended to all his subjects, who are under his royal care, as well as to them, and we trust he will do it, especially seeing all but papists are under God and his Son, immediately subjected to him, and own no other supreme over these nations, but himselt alone. 2do* We trust hi.s majesty’s tenderness to them, will not clash with his fidelity and tenderness to us, in his engaging to defend the protestant religion, which 370 THE HISTORY OF THE SUFFERINGS [BOOK III. and strict inquiry was made about the writers and dispersers of them; and it being found they had come from Mr Archibald Nisbet of Carfin, writer to the cannot be done by men, without the penal statutes, especially seeing the laws are so much slighted, as the mass, which by our law is idolatry and treason, hath been of late frequent¬ ed openly in the chiefest city of our nation. 3 tiu. It is evident wheresoever the popish party prevails, they endeavour undaredly to ruin us and our religion together, and all our concerns, as does appear by the cruel massacres they have made, their bloody inquisitions and persecutions. Now to take away the penal statutes, is to open a door to their preferment and power, to use us after the same manner, which cannot in reason be consented unto, seeing the second Lateran council causes take an oath of all in power in church and state, to extirpate heretics (as they judge us to be) and that under the pain of excommunication, &c. if they be negligent. We trust also, his majesty’s ten¬ derness will not be small to his successors, who, if they be protestant, may expect no easy entry to the crown, if they have power, consi¬ dering their engagements to the pope, and what encouragement they may have from abroad. And finally, his majesty knows, whatever kind¬ ness he shows them, that it were very unreason¬ able, and against all religion and honesty, by his subjects of the protestant religion consenting to what is desired, to bring themselves under mani¬ fold perjuries, and in doing so, to put their reli¬ gion, lives, liberties, and estates in their hands, from whom they may expect so little favour ; for experience hath proved, notwithstanding all the penal and sanguinary laws they speak of, there hath not been so much as one papist since the reformation, who did suffer loss of life or limb merely for his religion, and they are author¬ ized by the Lateran council, which they own as infallible, to destroy us, and are daily practising accordingly, where they ever prevail, or have power. It may be objected by some, that our religion is a holy and meek religion, and needs not those penal and sanguinary laws to defend it, and its professors ; for the author of it will defend them, and these laws are inconsistent with the spirit of our religion, which is a spirit of meekness. It is answered, that our religion is that of our Lord Jesus, and he will own it, and defend it, although all should forsake it ; yet we judge the gospel doth not destroy the light and law of nature, which teacheth all to secure their religion by penal statutes ; and it were a shame to be careless for the security of our religion, which is the only true one in the world, than papists or heathens do for their delusions, and would discover our undervaluing and contempt of it. 2do. The scripture gives instance of penal statutes or laws, against idolaters, in the Old Testament, and church officers are reproved, in the New, for not censuring corrupt doctrines and errors in the church : and it is foretold in times of reformation, “ That the kings of the earth shall hate the whore of Babylon, and eat her flesh, and burn her with fire.” Revel, xvii. 16. and therefore these penal statutes are con¬ sistent with the spirit of the gospel. 3 tio. See¬ ing the defending of our lives, liberties, estates, signet, his chamber, where the said Mr Hamilton used to write, Carfin, and the whole writers in his chamber, were appre¬ hended and imprisoned; and when exam¬ ined upon oath, they all lodged the paper upon Mr Hamilton. Carfin was obliged to present him under a most exorbitant sum. After the parliament rose, and the ferment was a little over, Mr Hamilton did appear, and gave bond to present himself when call¬ ed, under another vast sum ; and finding it unsafe for him to continue at Edinburgh, he was forced to retire to Ireland, till the indemnity next year. For the truth of all this information, Mr Hamilton appeals to the knowledge of a good number of the parliament members 1706, who were so much apprised of this, and his considerable losses upon the score of this paper, that it was gone into unanimously to recommend him to the queen. In prosecution of which recommendation, and for this service done to his country, he had the post he now en- our chastity, names, the persons of bishops, ministers, by penal statutes, is consistent with the spirit of the gospel, is the protestant religion the only thing that concerns so little, that it should be defended by these ? And are these in¬ consistent with the spirit of the gospel, when they are made for its defence? It is abominable to say so. 4 to. Is it consistent with the spirit of the gospel to bring ourselves under manifold perjuries, and only to ruin our religion, and souls, and bodies, and posterity, and all that is dear to us, by consenting to remove these penal laws, seeing the gospel commands us “to be wise as serpents, and harmless as doves ?” bto. If God brings suffering upon us, he will give us grace to bear it, while we are in the way of duty ; but if we bring suffering upon ourselves, we cannot, in so doing, expect his aid and protection, espe¬ cially if we consent to the removal of all these hedges, by which our religion hath been fenced since the reformation, for, in so doing, we be¬ tray our religion, the protestant successor, and destroy ourselves and the succeeding generation, as much as in us lies, and shall leave cur names as a curse to God’s chosen ; and if these things consist with a gospel spirit, let any judge. So it is easy to conclude, that none can con¬ sent to the taking away of these penal statutes, but these who are already citizens of Babylon, and have drunk the cup of that whore, except it may be a cruel Haman, or a cunning self-seek¬ ing Abithophel in the court, or a cursed Achau in the camp, bewitched with the wedge of gold and Babylonish garment, or a Judas in tbe church, who betrays his master with a kiss, for a little money or preferment ; but God forbid that any of our dear countrymen should be of that execrable number, whose wickedness pass- eth expression, and whose punishment shall be inevitable, and, beyond all human comprehen¬ sion, intolerable and dreadful to all eternity. CHAP. X.] OF THE CHURCH OF SCOTLAND. 371 joys conferred upon him. The people who were for the repealing the penal statutes, endeavoured to prevent the impression left by this paper, as to their cause, by drawing up another, 'and dispersing it, which bears this title, ‘ Reasons for abrogating the penal statutes,’ and I have added it in a note.* * Reasons for abrogating the penal statutes. This moderate favour being proposed and de¬ sired by the king’s most excellent majesty, and the estates of parliament having in their loyal and dutiful return to his gracious letter, pro¬ mised to go as great length to ease his Roman Catholic subjects, as their consciences will al¬ low ; it becometh the duty of all concerned, to inform themselves, and to clear and satisfy their own consciences concerning this matter, that so far as may be done without sinning against God, they may yield a dutiful compliance with his majesty’s desires, and by so doing, procure from so generous a prince, the more kindly protection and security for our national church, and the reformed protestant religion therein. In order to this, it will be necessary to premise some few rules or grounds, in which all will ac¬ quiesce for founding these reasons, which may persuade us to consent to the moderate ease and favour proposed. As, lmo. That cannot bind the conscience as a divine law, which neither directly, nor by clear consequence is founded on the doc¬ trine or practice of Christ, or his apostles, or of the primitive church. 2 do. That which merely obligeth by a human law, may be changed when the reason of the law ceaseth ; yea, it ought to be altered in human and Christian prudence, when either it becomes inconvenient, or hinders a greater good, or occasions a greater evil. 3 tio. No oath whatsomever can bind or oblige to that which is sinful or unlawful to be done. 4 to. If a man hath sworn to perform an action, and upon a new emergement, the performance there¬ of should become the breach of a prior oath, or of a greater duty, the obligation must needs ! cease, else the oath should prove vinculum ini- quitatis. 5to. If one swear to do such an act, or not to do such an act, as a mean fora greater end, to which the oath prineipallyrelates, if thatmean become hurtful and destructive for the end, the oath becometh so far from obligation, that the mean ehangeth its nature, the obligation to do such an act, and is quite taken off, and ceaseth ; no man being bound to destroy the end, by ad¬ hering to a mean now become destructive there¬ of. 6fo. If one nath sworn to do nothing to the hurt or prejudice of a person, or an institution not to consent thereunto, this must be under¬ stood of such prejudices, as by their own na¬ ture and necessary effect, are hurtful to that person or institution. Ex.gr. If one in Bri¬ tain were sworn to do no prejudice to a noble¬ man in Sweden, nor to consent thereunto, (which may be a very lawful oath) in case of a war betwixt Denmark and Sweden, should it be thought a breach of that oath in Britain, to sell corn to the king of Denmark for enter¬ taining his army, which is warring against all the Swedes, and that nobleman amongst the rest, and so to concur for entertainingthese, that may and will endeavour to kill him ? in like man¬ ner, if I were sworn to do my best endeavours It was said to be written by Sir Roger L’ Estrange at this time, at the Abbey of Holyrood-liouse, and contained the common efforts of the Jesuits and pop- to keep a church from being burned, and may do nothing which may occasion its being fired, will this oblige me to destroy my house which is adjacent to it, lest by chance it may occasion the firing of that church, or to endeavour to hin¬ der my neighbour from building his own ground near it, upon the like jealousy ? 7 mo. Kings in Scotland were before parliament, and then all the legislative, as well as executive power, did reside sovereignly in them, and therefore par¬ liaments have no more power nor authority, but what our kings have derived unto them ; so that what the king hath not given, but retained, can¬ not be invaded, usurped, nor resisted, without the highest crime against the sovereign. 8«o. As it is absurd in logic, to argue from a parti¬ cular to a general, or universal, so it will be un¬ just in policy, from the fault and guilt of some particular persons, or particular trades or orders of men, to conclude the whole kingdom, or other different societies and orders of men in it, guilty of that fault or crime. Now from these foregoing grounds or maxims, which seem clear and plain beyond all rational hesitation or doubt, it may be argued in the present case, First. That for a Christian magis¬ trate to take away the life or estate of a subject, who is not guilty of sedition or rebellion, nor of injuring the person, goods, or fame of any of his neighbours, but is quiet and peaceable, and contents himself in the private exercise of his own religion, merely for difference of opinion, and private exercise thereof, without disturbing others, to do so, neither is founded directly, nor by any clear consequence, on the doctrine or practice of our Saviour, nor of his apostles, nor of the pri¬ mitive church, yea, nor on the doctrine or prac¬ tice of the Christian church in following ages, who never urged or persuaded theirkings and em¬ perors, when the empire became Christian, to take away the lives and fortunes of open infidels and heathens, who were avowed worshippers of the sun, moon, and stars, and of all manner of idols, of stocks and stones, although these idolatrous heathens, when they had authority and power, did rob, murder, and execute all manner of cru¬ elty against the Christians. Our blessed Jesus taught no such doctrine, but contrariwise, re¬ buked the fierceness and violence of his two dis¬ ciples, who would needs imitate Elijah, in call¬ ing for fire from heaven to destroy the schismat- ical Samaritans, who were actually injuring and affronting the Saviour of the world, assuring them that this their cruel and fierce motion was utterly repugnant to his blessed temper, and to the meek spirit of his gospel ; but if the first position or maxim be good, then the argument sufficiently evinceth, that we are not bound by any divine law, not to consent to allow these of the popish religion to enjoy their lives and es¬ tates, notwithstanding of their difference in re¬ ligion, and of their worshipping after the Rom¬ ish manner in their private houses. If it be said, that our law calls papists idolaters, and the mass idolatry, and that by the law of God idolaters are to be put to death, Deut. xiii. 1—5, &c. and ch. xvii. 2— G. Ex. xxii. 20. may be answered, 1 mo. 3? 2 THE HISTORY OF THE SUFFERINGS [BOOK III. 1686. ish priests, in and about Edinburgh, and probably received its last touches from Sir Roger. This was care¬ fully handed about and spread among the That these political and judicial laws, relat¬ ing to the pains and punishments of crimes, did only oblige the Jews, being most of them calculated for their estate and policies, and lay no bond nor obligation on Christian magistrates, to proceed and punish after their form and manner. All Christian magistrates do punish thieves with death, whom the judicial law of Moses did only condemn to restitution of the double, or of the quadruple, and so consider themselves not to be under the direction, much less under the obliga¬ tion of the foresaid judicial law. 2 do. 'The idolaters, who by the judicial law of Moses were to be put to death, were only such as made de¬ fection from the true and living God of Israel, to the worshipping of the sun, and other plan¬ ets, and idols of the Canaanites, and heathens, as appears in Deut. xiii. 5. and xvii. 3. Now the papists acknowledge and own the God of Israel to be the true God, and abhor the worship of sun, moon, and stars, and of the other idols of the heathens ; and it is not lawful to extend penal and sanguinary laws to any, but to such against whom they were directly, and in ter mink designed and intended ; lest if way be given to proceed in the execution of such laws, by remote and obscure consequences and inferences, ill- natured and cruel judges shall never want a pretence of hurting and destroying the innocent or less guilty. 3 tin. When idolatry was not in the object of worshipping an idol, but only in the mode and manner of worshipping the true God by an image, the law for putting the idola¬ ter to death was never executed for that crime, even in the common-wealth of the Jews, The Danites sinned grievously, who took Micah’s image, and worshipped by it, and set up priests, by whom they performed that worship, as is to be read the 17lh and 18th chapters of Judges, this being directly against the second command of the decalogue, yet because they intended by that image to worship the true God, who brought them out from Egypt, they were not reckoned to be amongst the worshippers of other gods, nor such idolaters as, in construction of the law of Moses, were to be punished by death, nor did the remanent tribes conspire or make war against them, to punish them, or to exterminate that idolatrous manner of worship, as the Jews’ law commanded, to do to such as worshipped the idols and gods of the Gentiles and heathens ; and as they actually did in avenging the injury done by some of the tribe of Benjamin to the Levite’s wife, Judg. xix. 20, 21. which yet was a lesser crime than downright and gross idola¬ try ; and as they purposed and intended to do against the tribes of Reuben and Gad, and half tribe of Manasseh, whom they thought to be de¬ signing defection and revolt from the true God of Israel, by setting up an altar on the other side ot Jordan, different from the altar which was in the tabernacle: and yet this way of worship by Micah’s image, continued amongst the Danites all the while that the house of God was in Shiloh, and Jonathan the son of Gershom was priest for that service, Judg. xviii. 30, 31. this was near 300 years. And like to the fact of the Danites, was the deed of Jeroboam, in setting up the calves at Dan and Bethel, that by them the Israelites might worship God, which was also directly against the second command fore- said; and yet God did prohibit his people, who continued firm in their religion and abhorred that idolatrous manner of worshipping God, to punish or make war against the ten tribes for so doing, 1 Kings xii. 24. It is also a consideration worth observing, that even these Canaanitish nations, whom God devoted to destruction, and whom he commanded the Israelites to extirpate, were not so plagued merely for their idolatry, though of the most gross and abominable sort, but also for their other enormous crimes, and crying sins, as appears from God’s suspending the destruction of the Amorites, because their iniquity was not yet full, though their idolatries were long before come to the greatest height : but finally, whatever may be in this, it is most cer¬ tain, that the sentiments of our princes and magistrates have agreed in this, that for the private worshippings of papists, whatsoever kind of superstition or idolatry they stand guilty of, no person hath been put to death since the beginning of our reformation, nor would the severest amongst us at this day consent to pun¬ ish auy papist with death and forfeiture, for worshipping in private, without trafficking to the disturbance of the peace, or to the perverting or seducing his majesty’s good subjects from their religion and allegiance ; and therefore it seems rather the effect of the humour, than the dictate of conscience, not to consent to the suspension of laws, as useless as hard ; and to the execution whereof they that clamour most would never agree. No obligation then appearing for the execu¬ tion of severity against papists, for the exercise of their private worship, from any divine law, we would in the next place consider the human laws which may bind us to it ; and if we look at the time when they were made, it will be clear that then there was great and apparent danger from the papists, not only to our reformed religion, which was but newly established, but also to the monarchy and government, both of church and state; for then they were through a mistake or dispute concerning the person iu which the sovereignty was lodged, whether in king James VI. or his mother queen Mary, contriving sedition and rebellion, and to raise war, both intestine and foreign, so at that time there was good and solid reason for framing and enacting those laws against them ; and therefore from the second position the reason ceasing, and the papists being now quiet and peaceable, and we out of all reasonable fears of their plotting or contriving against the king and government, in this reign, all dispute concerning the subject of the sovereignty being now (blessed be God) out of doors, they may be allowed to enjoy their lives and estates, notwithstanding of the exercise of their worship in private houses ; and the laws striking against them, may, in so far as relates to that private worshipping, be suspended as to any execution ; especially while we consider, that when the reformation was but in its in¬ fancy, and the papists much more numerous and dangerous, and no experiment given of their active loyalty and obedience, yet no execution passed then nor ever since, against any of them for private worship; and to fancy that to be CHAP. X.] OF THE CHURCH OF SCOTLAND. 373 members of parliament. To this succeeded, ) “ An answer to a paper written for the ab- necessary now, which was never executed, (no not in times of greatest danger) is an evidence of' some greater inclination to gratify humour and contention, than to submit and acquiesce in the moderate desires of a most gracious king. Again, by refusing to suspend that execution of severities and penalties, in taking away the lives and fortunes of peaceable papists merely for the exerciseof their worship in private houses, greater danger and inconveniences shall be brought on our church, and the protestant religion, in so far as this will raise in the king’s breast more pre¬ judices against both, and beget unkindness to such as deny his majesty this moderate favour to those of his own persuasion, which cannot prove safe, but very hurtful and inconvenient to both our church, religion, and ourselves ; and by denying our consent to this moderate ease, in¬ stead of acting for preservation of our religion, we expose it to imminent and apparent danger, and so do inconsiderately run upon the rock which we desire to shun and avoid. Further, to refuse to consent to suspend the execution of laws against peaceable papists for their private worshipping, which have never been, nor (in the judgment of any sober person) ought ever to be executed, will not only prove inconvenient, and hinder greater good that might redound to our church and protestant religion, by his ma¬ jesty’s grace and goodness, (he being gratified in his moderate desires) but will occasion several great and dangerous evils to our religion, as the provoking the king by such unaccountable ob¬ stinacy, to make greater changes amongst his servants, officers, ministers, and judges, than otherwise he intends, which he may legally do, all those offices being granted to such as possess them, only during his royal will and pleasure. Again, what changes and alterations may this unreasonable stiffness induce his majesty to make in the external government of the church, and of its bishops and orthodox ministers, to the apparent hurt and danger of the protestant re¬ ligion, is clear and manifest to any who will be at the pains to read and ponder his majesty’s supremacy, as it is asserted by the first act, sess. 1. par. 2. king Charles II. Anno 1669, and the hazard to our national reformed religion, from the changes and alterations his majesty may make in these, is a thousand times greater than can be by permitting peaceable papists to enjoy their estates and lives, notwithstanding of the exercise of their private worship, which they have done ever since the reformation, without any hazard of our own religion ; so that these, who refusing what they may grant with¬ out danger, do draw a great and inevitable dan¬ ger and prejudice to our religion, contrary to the intendment and design of our oath in the test, and all our other obligations, which bind and oblige us to its preservation. Nor do I see how it is possible to avoid the scandal of having that impious and unreasonable tenet and posi¬ tion, of founding dominion and right of property in grace, charged upon us, if we assert the very lawfulness of taking away the lives and estates of papists, merely for their opinions and religion, and private worshippings, which is a wild fan¬ atical doctrine, frequently condemned in scrip¬ ture, and reprobated by all reformed churches. rotating the penal statutes, whichfol- lows in the notes below.-j' One of the Was not the cruelty and severity of the Romish church, against those who differed in opinion and religion from them, and yet lived quietly and peaceably, one of the impieties and greatest immoralities we justly charge upon them, and on which, amongst other things, we founded our separation from them ? and is it possible, without scandal and just reproach, to maintain and justify by our law, what we declared impious in the practice ? This indeed could not be pleaded, when these severe laws were made against papists at the beginning of our reforma¬ tion, because they were libelled against their se¬ ditious and treasonable designs and practices, (which proceeded mainly upon the foremen- tioned mistake or dispute) rather than against their religious sentiments and worship; lor the papists were then seditious, and the priests trafficked for foreign invasions, and preached open treason, stirring up the subjects against the king, which now none can pretend to be out- case : and how can we condemn the persecution in France, or the French king’s method in forcing men’s consciences, and obliging them to part with their religion by dragoons, and all manner of cruelties, whereby he reduces peace¬ able subjects to the greatest miseries and hard¬ ships, because they differ from his religion? May not that persecuting prince justly upbraid us, as forcing the peaceable subjects ot his per¬ suasion, and violenting their consciences, by taking away the lives and fortunes, or continu¬ ing laws against them for so doing, merely for their private worship, according to their con¬ sciences, though they are quiet, loyal, and peace¬ able in all their practices and demeanors? From the fourth position or maxim, it may be further argued, that by refusing to consent to this moderate ease to papists, a most danger¬ ous, and almost incurable blow and wound may be occasioned to the protestant church and reli¬ gion ; for if the king please, (and if he be ir¬ ritated and provoked, it is hard to say what his majesty will do) he may, without violating of any law, at one stroke, remove all protestant officers and judges from the government of the state, and ail protestant bishops and ministers from the government of the church, and so the whole government both of church and state, may come to be lodged in the hands of such as cannot be judged so friendly to the protestant interest ; and is not the extrusion of protestants from all power or authority, either in church or state, a greater hurt and prejudice to our re¬ ligion, than any thing that can ensue upon a few papists enjoying their estates and lives? Nay, and what if his majesty should proceed, upon this just provocation, to fill all those places with papists? if he should, we must sub¬ mit, and are tied by our principles and religion not to resist, it being a chief and essential posi¬ tion in our holy religion, to render active, or (where we cannot do that) passive obedience to the supreme magistrate ; and howbeit danger should arise to these papists, who should em¬ brace and exercise these offices and employments upon some events ; yet this will neither remeid the prejudices, which in the meanwhile are done to the church and the protestant religion, nor indeed excuse us from the guilt and crime 37‘1< THE HISTORY OF THE SUFFERINGS [ROOK III. most pointed papers I have seen upon 1UW6. ancj which I have some rea- of hazarding and hurting our religion, in so far as we unnecessarily give any occasion for it. As for such, who in a morose humour please themselves, by saying, if we consent not, it is no act of ours, it is the king’s, let him look to it, albeit, as is said, by doing what we safely may, the evil may be prevented or lessened. Let us consider how opposite this is to Christian pru¬ dence, which, in many cases, is more our duty than either force or mistaken zeal, which oftener burns than enlightens or warms. According to the first position or maxim, it may be thus argued, that though the oath of test did, by a hidden or remote inference or con¬ sequence, bind us up, or oblige us to refuse to grant this moderate ease desired by the king, in favours of his popish subjects, as believing, that the keeping up of the vigorous execution of laws against papists, even for their private worship¬ pings, is one of the means for preserving of the protestant religion, yet this mean becoming hurtful and destructive to the great end, viz. the security and preservation of our protestant church and religion, the obligation of the oath, as to that mean, would seem necessarily to be loosed, especially when our obligation by the test to this mean, is at best very dubious and uncertain, it being so very remote a mean, (if any at all) that it needs three or four inferences, ere it can be forced to have any kind of contin¬ gency, for serving and promoting the great end designed by the oath of the test ; but let us ponder impartially the grand scruple arising from the test, and we shall see it founded on these words in it — “ and shall never consent to any change or alteration contrary thereto” — from which some infer, that we are sworn against granting our consent to suffer any papists to enjoy their lives and estates, if they exercise their worship in private houses ; but when these words are seriously considered, it will appear, first, that the change and alteration sworn against, is the change and alteration of the protestant religion itself, or of any of the necessary and essential doctrines of the pro¬ testant faith and religion, as the words them¬ selves, being referred either to the antecedent or consequent clauses in the oath of the test, do with sufficient evidence import ; for this change must be directly contrary to the forementioned religion, pointed at by the particle “ thereto” and the subsequent words, “ 1 renounce all such doctrines, principles, &c. popish or fanatical, which are contrary to, and inconsistent with the said protestant religion,” &c. do, with great evidence, point out the alteration sworn against, to be an alteration of the protestant doctrines and principles. Now, none will imagine, that to consent to the papists enjoying their lives and estates, as aforesaid, is to grant consent to the alteration of our reformed religion, or any essential doctrine thereof; indeed, it is so far from being an essential or necessary article, principle, or doctrine of the protestant religion, to make our own laws for taking away the lives of any peaceable subject, for his private opinion in religion, or private practice in worship, that it will rather appear on the other side, to be one of these popish or fanatical principles and doctrines, which, by the oath of the test, we are son to think was penned by one, who, since , the revolution, was an eminent presbyteriau bound to renounce and disown. To own this principle to be a part of our religion, were to misrepresent our peaceable, holy, innocent, meek protestant religion, as the most cruel and sanguinary institution in the world, and to condemn all our excellent and wise predecessors the reformers, who never put in execution, even in the times when the papists were most num¬ erous and formidable, and most active in their plottings and conspiracies against our religion and government, (upon the mistake aforesaid) those laws called penal or sanguinary, for the private exercise of their worship in houses. 2 do. By the consenting to the immunity of papists, from the execution of these laws, we do not consent to take away, repeal, or abrogate any law, penal or sanguinary, whatsomever, (these standing still on the file unrepealed) so that by this consent we do not allow the altera¬ tion or repealing of any law whatsomever, but only grant to a few popish subjects, such a small and inconsiderable immunity, as hath in all former reigns been granted and indulged to them by our wise and religious predecessors ; and which, even the most scrupulous themselves, in their private sentiments, think, ought not to be put in execution against them, as they believe they will never be called in question, nor punished for their private worship, in any sub¬ sequent reigns : but 3 lio. admit this to be a con¬ sent to some change and alteration about the laws relating to the protestant religion, yet it is ' such a change and alteration, as is not contrary nor prejudicial to its security, interest, or pre¬ servation ; but is indeed advantageous and bene¬ ficial to it, and preservative of it, in so far as, by yielding our consent, we show our loyalty and duty to the king, by an humble compliance with his moderate desires, in favours of a few subjects of his own persuasion, which will incline his sacred majesty generally to protect our established religion and church, without suffer¬ ing any encroachment upon, or violation of them ; whereas, by refusing our consent to his majesty's moderate desires, we shall evidently hurt our religion, by endeavouring to maintain an impracticable mean to support it, and so while we seem to hate popery, we become truly unkind to the protestant religion. The sixth maxim or position seems an irre¬ fragable truth, else most absurd consequences might be bound upon us, from all promissory oaths. If the test should be extended as some would, then one could not give charity to a starving papist, for hereby he might be helped, and even, by saving his life, we might reserve One who would prejudge our religion, and is it not as great a breach of Christian charity to take a man’s estate from him, as to refuse to give him a part of mine ? No protestant, having sworn the test, should swear, lie, steal, commit adultery, &c. nor indeed commit any kind of immorality, in commission whereof there is wickedness and guilt enough : but perhaps it was not till now discovered, that the guilt of perjury is superadded to every one of these sins and crimes in any one who hath taken that oath ; for, by these sins and immoralities, great prejudice is done to, and great scandal is brought upon the protestant religion, and indeed the practising them is more CHAT. X.] OF THE CHUUCII OF SCOTLAND. 375 minister, now with the Lord, is a letter to their member of parliament Jane from the heritors of the shire of 7th, 1686. It is indeed a little pro¬ hurtful to our holy profession, than to consent that a peaceable papist be suffered to live and enjoy his estate beside us, who perhaps makes conscience to avoid such scandalous and uncon¬ troverted breaches of the moral law ; indeed it is sad to find fancy and humour straining after such rude and unnatural consequences, and gilding them over with the fair pretence of scru¬ ples of conscience. The seventh proposition or ground is mention¬ ed to put all in mind of their obligations to give submission when the king exerees what he legal¬ ly may by his prerogative, and from thence to consider how much we are bound by Christian prudence, and even, for the sake of our religion, not to provoke the king’s majesty, either to hurt us, or to be unkind to us, or to alienate him more from that religion which he offers graciously to pi'otect, and which grace we ought not to requite by urging the keeping up of severities against those of his own religion, which we ourselves say we would abhor to execute, if we could, and which we cannot, if we would, until first we renounce obedience to God’s command, and sub¬ mission to our sovereign magistrate, by resisting, if not overthrowing his sacred authority and power. And since none can suspect this loyal parliament, nor any members of it as guilty of the least tendency to such seditious practices, they having so signally testified their abhorrence of them, and are amongst the happy instruments which have suppressed them and others ; yet since the beginnings of evils are often small, when their growth and events may prove fatal, and that as certainly as great mischiefs must needs arise from the least appearance of unkind¬ ness betwixt the king and his parliament, and that these will be a curse to posterity, who shall contribute the least accession to it. And on the other hand, that the spirit of moderation becom- eth Christians, calmness and discretion become subjects in all their dealings with their sovereign, and that the greater invitations we give our king, by these virtues, the greater assurance we have of his protection to our religion ; and that the preservation of the present great peace and tranquillity which we enjoy, is a weighty charge on the conscience of every man that is a member of parliament. These considerations, it is hoped, will move and prevail with all good Christians, all good subjects, and all good countrymen, to consent to the king’s moderate proposal and desire above- mentioned, which ease to these of his own reli¬ gion, his majesty may grant without our consent ; and yet, as a gentle and moderate father and governor, he desires to give it with the consent of his parliament. Let us not, by denying what we cannot hinder, lose the greatest blessings and happiness which we may retain, that king and people may still live in that happy and good un¬ derstanding, which may continue and crown the sweetness and easiness of his royal govern¬ ment over us, and of our tranquillity, property, and happiness under his shadow. It were to lose time and travel to answer to idle and frivolous objections made and contrived against this concession, founded very unchris- tianly on the practice of the Jews against those nations whom they were commanded to extir¬ pate and root out, by immediate and express precept, no more imitable than the stealing ot the Egyptians’ goods, no more binding by com¬ mand, than their other judicial laws, which ex¬ pired, as to their obligation, with the period ot the Jewish church and policy, or rather than their extraordinary actings upon immediate and extraordinary commands, and even secret im¬ pulses altogether become unwarrantable under the gospel and Christianity, or from the imprac¬ ticable, improbable, and uncharitable may be’s, that the papists will dethrone the king, or cut our throats, from which the number and prac¬ tices in this kingdom, with many other speciali¬ ties and circumstances render us secure, besides, that all the papists in this kingdom (as is credibly informed) are ready to disclaim and renounce any deposing doctrine or canon, by the court, or by the church of Rome, as to emperors or kings, but it is not to be thought, that any thinking, judicious, or considering man will be startled or amused with such weak, ill founded, and incon- cluding arguments, especially when they shall put them in the balance with the great and tor- cible clear truths and advantages which lie in the opposite scale. f Answer to a paper writ for abrogating the pencil statutes. Rejlection 1. It is to be observed in general con¬ cerning that paper, Amo. That the drift and de¬ sign thereof, if not of its author, is a far more gross and horrid thing, than he hath the impu¬ dence or boldness (though this be great enough) openly and professedly to own. To give instance of this in a few particulars. Amo. ifle pretends to plead not for taking away, repealing, or ab¬ rogating the penal statutes against papists, but only for a suspending of the execution of them, and yet, in the very same paragraph, he does more than tacitly insinuate, that the making or owning of those laws is the effect of a popish or fanatical principle, and a misrepresenting of the protestant religion, as the most cruel and san¬ guinary institution in the world ; he affirms, that the persecuting French prince may justly upbraid us, as forcing peaceable subjects, and violenting their consciences, by keeping up laws against them for their private worship, &c. ; he calls the penal statutes useless and hard ; and he asserts, that we cannot execute those penal sta¬ tutes, though we would, till first we renounce obedience to God’s command, &e. and could any papist more condemn these penal statutes, as being most unjust and iniquitous in themselves, than this author doth by these expressions ? Now if the presuming to interpret a law, or oath made by law, to the prejudice of its native sense, was made a ground of criminal indictment, and forfeiture of life and fortune, what deserves he who so basely slanders standing laws, and also spreads abroad his gross slanders thereof ? 2 do. He pretends only to give reasons tor allow¬ ing papists the exercise of their idolatrous wor¬ ship in private houses. And 3 lio. For allowing the private exercise of their worship only, who profess that they worship the true God ; and yet by alleging, that our blessed Jesus taught no such doctrine, as that kings and emperors, when the empire became Christian, should take away 37^ THE HISTORY OF THE SUFFERINGS [BOOK III. lix, vet it contains such an abstract ] 686 J of what can be said upon this head, and so proper overtures for the parliament the lives and fortunes of open infidels and hea¬ thens, who were avowed worshippersof the sun, moon, and stars, of stocks and stones, &c. and by drawing an argument to press his purpose from that allegiance, and divers things of that nature, he does plainly plead for tolerating the most public practice of idolatry, and of idolatry com¬ mitted against the first as well as second com¬ mand of the decalogue. And if brevity were not intended in their reflections, it were easy to make it out, that his other arguments for allowing papists the private exercise of their idolatrous religion, do, with equal strength of reason, militate for allowing the open and public exercise of heathenish idolatry. 2 do. It is to be observed in general anent that paper, that the author permits several (as he calls them) rules or grounds, and upon these he pretends to found his reasons for persuading the parliament to consent to what he pleads for, and after he hath set them down, he commends them as maxims which seem clear and plain, beyond all real hesitation or doubt ; whereby, to deceive the simple, he would have men believe, that his reasonings, in the case he debates for, depend upon certain and indubitable rules and maxims, whereas his inferences and deductions from them, in so far as there is truth in them, have no more connection with them, nor depend¬ ence upon them, than darkness hath with and upon light, or falsehood with and upon truth, as is evident to any judicious discerner, and shall afterwards be made to appear. 3 do. It is to he observed, that as he highly extols his own reason¬ ings, so he speaks contemptuously of the reasons given against that he debates for, and shamelessly misrepresents the same, saying, that they are founded very unchristianly on the practice of the Jews against those nations whom they were commanded to extirpate, &c. but what person of any judgment ever founded reasons against granting an immunity to the practices of idola¬ try, upon that practice of the Jews? can the author tel! us of any? Refl. II. If his first position be compared with his inferences therefrom, it is evident, that he asserts, that there is nothing in the doctrine of Christ, of his apostles, or of the primitive church, for taking away the life or estate of idolaters, for the exercise of their idolatrous worship : which, if it were true, it would make no more for allow¬ ing the private exercise of idolatry (which is that our author is advocate for) than the public exercise thereof, there being as little in the doc¬ trine of Christ against allowing the public as private exercise of idolatry : but that assertion of the author is manifestly false ; for, by the doctrine of the New, as well as Old Testament, tiie magistrate beareth not the sword in vain, “ for he is the minister of God, a revenger to ex¬ ecute wrath upon him that doeth evil, Rom. xiii. 4. and idolaters are ranked among the very chief of evil doers, 1 Cor vi. 9. Gal. v. 20, &c. and Rev. xvii. 16. John foretells it, as that which God requires of, and approves in the kings of the earth, in times of reformation, that they shall hate the Babylonish whore, and make her deso¬ late and naked - and shall burn her with fire; a just punishment upon her who made, and as this juncture, that I reckon it deserves a room in the notcs.j Thus the reader hath some view of the cruelly executed laws, for burning to death the innocent saints of God. And though there were no such passages in the New Testament, yet the author’s argument would be wholly fallacious and inconcludent : for it might as well be argu¬ ed, that murder, sodomy, witchcraft, incest, &c. are not punishable with death, by any law of God under the New Testament, since there are no penal statutes against these crimes, either expressly set down in the doctrine of the New Testament, or by direct and immediate conse¬ quence deducible therefrom ; but it is a sufficient ground and warrant from the doctrine of the New Testament, for the capital punishing of these abominations, so also for the capital punishing of idolatry, that there is under the Old Testament, a clear law of God grounded upon moral equity for the capital punishing of the one as well as of the other. And Matth. v. 17. “Our Saviour came not to destroy such laws,” hut continues them in their full authority and vigour. And as for the doctrine of the primitive church, about the punishment due to idolaters, we may know what it was from the first canon of the Eliberin council, convened about the end of the third cen¬ tury, which expressly asserts, that idolatry is crimen ccipitale , a capital crime. But, Refl. III. To elude the obligation of the law of God, under the Old Testament, against idol¬ atry, the author allegeth, that it was only “a political and judicial law, which did oblige only the Jews, and was intended only against such as made defection from the true God, to the wor¬ ship of the sun and other planets, &c. and that it wasnever executed, even in the commonwealth of the Jews, upon any who were guilty only of idola¬ try, in the mode and manner of worshipping the true God by an image, &e. Though this, which the author says, were true, yet it would make nothing for his purpose, since it is irrefragably made out by our divines, both of old and of late, that papists, by their worshipping a piece of bread, and other far more contemptible objects than the sun and moon, or any of the planets, are as guilty of idolatry as the heathens were, and do worship another than the true God no less than they did ; but all which the author, on this head, saith is palpably and notoriously false ; for the law of God, under the Old Testament, against idolaters, is grounded upon such moral equity, and immutable perpetual reasons, as agree to the state of the church under the New Testament, no less than to the state of the church under the Old, as will be evident to any who shall read and consider the xiii and xvii chapters of Deut. and Job xxxi. 28. Job, who was not under the judicial law, nor acquainted with it, yet knew and affirms, that idolatry is an iniquity to be punished by the judge, viz. because it is a denying of the God that is above, which reason is perpetual and immutable, and holds true of the popish as well as heathenish idolatry, the former, as well as the latter, being, in the very matter of worship a denying of the God that is above; so that the very grossness of the sin clearly deter¬ mines the punishment due unto it; the law against idolatry being manifestly of a moral equity. What our authors affirm of the nonex* ecution of it, under the Old Testament, against CHAP X.] OF THE CHURCH OF SCOTLAND. procedure of parliament, about this impor¬ tant affair. Though this protestant parliament such idolaters as professed that they still wor¬ shipped the true God, though it were true, it makes nothing for his purpose, it being as con- cludent for the open and public, as private prac¬ tice of idolatry, but besides it is evidently false ; for the Israelites, in their worshipping the gol¬ den calf, professed that they worshipped the true God, Exod. xxxii. 4, 5. and yet ver. 28. at the command of Moses their then magistrate, there were about three thousand of them put to death for that sin : and the Jews, when they worshipped Baal, professed that they worship¬ ped the true and living God of Israel, for it was him they called Baal in that worship, Hos. ii. 16. and yet there are many known instances of the magistrates punishing those idolaters with death according to the law. The two instances which our author adduces to prove, by a new kind of logic, his vile negative, that the law was never execute against such idolaters, as professed that they worshipped the true God, not only prove not this, but are also nothing at all to his purpose. His first instance, of the other tribes their not punishing the Danites, for their idol¬ atry, in the matter of Micah’s image, makes nothing for him, till he both prove that the Danites were then under the jurisdiction of the other tribes, and also if they were, that the other tribes transgressed no law of God, and did not sin by their not punishing the Danites, which he hath not proven, nor ever will. As little, and far less to his purpose is his second instance, taken from the Lord’s prohibiting the house of Judah and Benjamin to make war against the ten revolted tribes, 1 Kings xii. 24. for God did not prohibit them to make that war, as if it had been intended for punishing the ten tribes for their idolatry, in the matter of the calves at Dan and Bethel, as this author, to deceive the sim¬ ple, shamelessly asserts ; since the text expressly says, that the war was intended to bring the kingdom again to Rehoboam, 1 Kings xii. 21. and the calves were not set up at Dan and Be¬ thel, till after that intended war, 1 Kings xii. 25, 26, &o. But though the practisers of that idolatry professed that they worshipped the true God, yet that it deserved capital punishment, ap. pears by king Josiah’s offering, upon the altar at Bethel, the priests of the high places, that burned incense thereon, and his causing men’s bones to be burnt on it, according to what, long before that time, had been foretold of that pious king and zealous reformer, 1 Kings xiii. 2. with 2 Kings xxiii. 26. That which theauthor alleges, of the kings and emperors, when the empire be¬ came Christian, that they took not away the lives and fortunes of open infidels and heathens, who were avowed worshippers ol the sun, moon, and stars, &c. though it were true, it makes nothing for what he undertakes to give reasons for, it being as concludent for allowing the pub¬ lic as private exercise of idolatry, and of the very grossest of pagan idolatry, as was before ob¬ served : and besides it makes nothing lor this authors’s purpose, 1 mo. Because, at that time, the church was to be constitute and gathered out of the heathenish world. 2 do. Because there were then no standing human penal laws against idolaters. And to argue from the practice of the magistrate in such a state of the iv. thus stuck atthe repeal of the statutes jggg against popery, yet the king did not church, to what should he in the practice ot the magistrate in a church constituted, reformed, and having its reformation fenced with human penal laws of long standing and continuance, is base and silly sophistry. That which our au¬ thor further adds on this head of the execution of these penal statutes, that no person hath been put to death, since the beginning of our refor¬ mation, “ for the private worshippings ol pap¬ ists” (he might have added, “ nor tor their pub¬ lic worshippings either) it is very easily discov¬ ered to be nothing for his purpose, but to make very much against it. For 1 mo. 4 hough the penal statutes have not been execute upon papists, yet there was notan immunity granted to them by our pious and wise predecessors in all former reigns (as be shamelessly says there was.) For 2do. there is a great difference betwixt the non¬ execution of a law and the magistrate’s granting and indulging an immunity to the transgressors thereof. The magistrate may be very tender ot executing a penal statute, while yet there are many and weighty reasons why the statute should continue in its full force and vigour, and without being any way innovated and re¬ stricted, and the present case is a pregnant in¬ stance of this : for though our papists give out themselves to be, and this pleader for Baal often insinuates, that they are not what they are in France, Savoy, Spain, &c. but meek lambs, in¬ nocent and harmless creatures (such as they were in the reign of the two Marys, and tne Scottish papists were, in corresponding with Spain, in the time of the armado and the Eng¬ lish papists, iu plotting the gun-powdtr trea¬ son, and the Irish papists in the cruel massacre of Ireland) yet any reasonable pretence thev have for giving out themselves to be such meek lambs, or he, for insinuating that they are such, is, because these foxes and wolves have been, and are so chained up by our laws, as to be in¬ capable of doing us hurt, without the fear of being afterwards rewarded according to their deeds; and the continuance of those laws in their full force, hath been, and i3 an awe-baml upon them, to restrain them from seducing those of the reformed religion, and from destroy¬ ing our kings when protestant, our religion, our liberties, estates and lives, a work which their principles and antichristian spirit strongly prompt them unto, and which accordingly they practice in all places where they have the power to do it, as they will quickly have in Scotland, though the penal statutes he not taken away, if those statutes be so innovate and re¬ stricted, as not only parliamentarily to allow them the exercise of their idolatrous religion, in private houses, but also to put them under the protection of his majesty’s laws, yea, il the execution of those statutes be but by law sus¬ pended. 2 do. That the penal statutes against papists have not, since the reformation, been executed, by putting any of them to death, is so far from being an argument for taking those statutes away, or relaxing them, that it is a strong argument to the contrary : for prot.es- tants not being of that bloody spirit, which is diffused through all the members of antichrist, have never set up any bloody inquisition against papists for the private exercise of their religion 3 B 378 THE history of the SUFFERINGS [BOOK III. stop his design lor overturning our own dispensing power, as we shall hear J G86. rejjgjon> pUShed it boldly by his upon the next section. as papists do against protestants :) and it is the way of protestants, in meekness, to endea¬ vour the reclaiming of papists, and to execute penal statutes only upon seducers to popery, and such as, after due means of conviction used to¬ wards them, and after long forbearance, remain altogether obstinate and irreclaimable ; so that, from the standing of the penal statutes against them, in their full force, there is no ground to fear that any cruelty and unjust severity shall be, l y protestants, exercised against them : and since papists experimentally know this, they hav¬ ing had the private exercise of their religion, in all former reigns, without the forfeiture of the life or estate of any one of them, as far as this author affirms ; and since also he, as advocate for them, acknowledges, that the most scrupulous believe, that the papists will never be called in question, or punished for their private worship in any subsequent reign, it must be some other thing than the securing of themselves in the mere private exercise of their religion, which they design, by seeking with such earnestness, by such various arts and methods, to have these penal statutes taken away, or suspended in the execution of them ; and what that other thing is, they hereby design, is in the present circum¬ stances but too easy for any to understand, who will not wilfully shut his eyes. Refl. IV. While the sophist pleadeth for the taking away, or legal suspending (which, upon the matter, and in regard of effects, will be nigh all one) the execution of these penal statutes, by affirming, that in the judgment of any sober moderate person, the execution of these laws never ought to be exacted, and that even the most scrupulous themselves, in their private sen¬ timents, think these laws ought not to be put in execution against papists, and that protestants themselves say, they would abhor the execution of these laws ; and he does plainly accuse them as most unjust and abominable, though else¬ where he commends them, as having been enact¬ ed upon very necessary and good grounds and reasons : but though it be his scope to render them detestable, (any commendation he gives of them being only to decline envy) yet this is a silly sophism to reach that scope ; for just so he might reason for taking away, or suspending the execution of penal statutes against mur¬ derers, and other most criminal offenders, be¬ cause, when the law is executed upon any such persons, men who retain human bowels have a natural abhorrence of the misery the malefactor suffers, as a protestant would have of the misery of a papist, upon whom the law is executed ; but as in the former case, so in this, there would he no abhorrence of the execution of the law, as unjust. llfjl. V. Our author argues (to purpose in¬ deed, but nothing to his own purpose, yea, very much against it) from the cruelty and severities of the Romish church against protestants ; and to make his argument the more pungent, he moves this question, “ Is it possible, without scandal and just reproach, to maintain and jus¬ tify, by our law, what we declare impious in their practice?” To which I return for answer a few questions. Oo we declare it impious in the practice of papists to make, or execute laws against idolaters, or are we idolaters ? Was it possible for the pious and zealous kings of Judah to maintain and justify the law of God, and their executing it against idolatry, if they de¬ clared the statutes of Omri, and of Ahab, and the cruel execution thereof against the true wor¬ shippers of God, to be impious ? The author’s question, if the vigour be taken off it, is plainly this : Is it possible, without scandal and just reproach, to maintain and justify our penal laws against popish idolaters, if we declare it impious in them to make and execute laws for the cruel butchering of the innocent saints of God, for nothing else but their owning and ad¬ hering to the true worship of God? Indeed, the barbarous cruelties practised against such by pa¬ pists wherever they have power, do not only justify our law, but also do cry aloud for keeping it up in its full vigour. Reft. VI. The oath of the test, hath from pulpits been cried up as an invincible bulwark against popery, and by the supposed author of that paper, as much as by any ; it being very rationally presumed, that these who have taken an oath containing so clear and strong an obli¬ gation, constantly to adhere to the protestant religion, and never to consent to any change or alteration contrary thereto, would never arrive to such a height of unparalleled impudence and debauchery, as to consent to the framing a law tending to the prejudice, far more to the overturning of the protestant religion. But now this author hath fallen upon methods to elude the so pregnantly clear and strong obligation of that oath, and to play the pope, by giving the dispensation of his sophisms, for loosing all the obligation of that so solemn an oath, and to make that bulwark of the protestant religion, so often commended and celebrated as impreg¬ nable, to be no stronger than if it were made of straw. For this end, Jirst, Having in the first page of his paper, laid down several positions and maxims (as he calls them) about an oath, the chief of these he pitches upon for eluding the obligation of the test, is the fifth, viz. “ If one swear to do such an act, or not to do such an act, as a mean for a greater end, and to which the oath principally relates; if that mean become hurtful and destructive to the end, the oath is so far from remaining obligatory,” &c. This we admit in case the mean, of and in itself, and intrinsically, become hurtful and destruc¬ tive to the end, but not if it become hurtful and destructive thereunto, only extrinsically, occa¬ sionally, and accidentally : otherwise I should be free of my oath of allegiance given to my lawful prince, when in the case of an usurper, who hath got the power in his hands, my oath shall, from an extrinsic cause, and accidentally become hurtful to the ends I sware it for ; and many such instances may be given. Yea, if the author’s position in the second sense (which is the only sense that makes for his purpose) be admitted, it is the way to evacuate all oaths. But we learn from the scripture, Psal. xv. 4, that a conscientious man, albeit he never swears to his own hurt as the end, but does in swear¬ ing an oath propose some good to himself, yet when he hath by a lawful oath engaged himself to that which accidentally turns to his hurt OF THE CHURCH OF SCOTLAND. 379 CHAP. X/] Mr Archdeacon Eachard gives a very just account of the king’s designs, in publishing he notwithstanding chatigeth not. The author’s quibbling in his position with the principal end of an oath, is nothing to his purpose ; for in the oath of the test, men’s principal end was, at least should have been, the glory of God, and he would pitch upon the mean that is become de¬ structive thereunto. Are the penal statutes against popery become destructive to the glory of God ? The author having taken the foresaid position for the major of his argument, in the second place, for eluding the oath of the test, he subsumes, “ That the keeping up of the vigorous execution of the laws against papists, is become hurtful and destructive to the great end of the oath of the test.” Whereas it is to be noticed, that instead of saying, “ the keeping of the laws against the papists,” (which is the thing in controversy) the sophist hath subtilly substi¬ tuted the dead child for the living, viz. “ the keeping up the execution,” and “ the vigorous exe¬ cution too” of those laws ; albeit this be not the thing in controversy, and himself hath often harped upon this, that the laws against papists, not only are not, but also since the reformation have not been at all executed against any one papist: but the subsumption he should here have made, is supplied from his long harangue upon the great danger and inconveniences shall be brought on our church and the protestaut religion, by the parliament’s refusing to suspend the execution of penal statutes against popery, and the only proof of that great danger, is drawn from what the king’s majesty may, and in pro¬ bability will do, if he be irritated by the parlia¬ ment’s refusing to suspend the execution of these laws. For answer, let it be considered, 1. That since his majesty’s high commissioner came to Scotland, we have heard several sermons preached before his grace, and one of them by the supposed author of the paper now under consideration ; in all which sermons we have been pathetically warned, to take heed of all suspicions, jealousies, and fears of his sacred ma¬ jesty, as though, according to his promise, he would not maintain and defend the protestant religion and laws made in favours thereof: but now the author of that paper gives us the ter¬ rible alarm, that there is no less hazard than of destruction itself to the protestant religion, if the parliament relax not the laws made for defence of it, and do not (as Delilah dealt with Samson) cut off the annexed penalties, wherein their strength lies. 2. Let it be considered, that ne¬ ver any prince was set forth under a worse char¬ acter than our sovereign, so much commended for his fidelity, equity, and justice, is set out by this author, while he tells us, that if the parlia¬ ment refuse to do what they justly may and ought to refuse, his majesty may be so provoked and ir¬ ritated as to do all the mischiefs to the protes¬ tant religion mentioned in the author s long harangue. Now, if scandalum viagnatuni be petty treason, what must so horrid a slandering of our gracious and dread sovereign deserve ? But 3d, Though it were true (as far be it from us to think so) that his majesty may be so irri¬ tated by the parliament’s refusing to suspend the execution of those penal statutes, as to do all the hurt and damage to the protestant religion the author recites, yet this is no shadow of rea- the repeal of the penal statutes, in this parliament. He observes, ‘ that son to prove, that the keeping up of those penal statutes, is now become hurtful and destruc¬ tive to the protestant religion. For, 1. If the king’s majesty were of such an unjust, passion¬ ate, and furious disposition, as this base slanderer of him does more than obliquely point him out to be, and if thereupon he may, when irri¬ tate, do such hurt to the protestant religion, while it is fenced with those penal laws : may he not do much more hurt thereunto, when that fence is either taken away or weakened, if he shall be irritated by a parliament refusing to grant what he may further seek of them after¬ wards in favours of the popish religion ? And considering how unweariedly active papists will be in vexing his majesty with their solicitations for advancing their religion, who can tell what he may further propose to parliaments in favours of it ? 2. If the king’s majesty, upon his being irritate, should do all that mischief to the pro¬ testant religion (which far be it from us so much as to imagine) yet this would no more make the keeping up of the penal statutes a mean de¬ structive to the protestant religion, than a hedge becomes destructive to a vineyard, or a wall to a besieged city, when men become angry with these that keep it up. It is a piece of very great nonsense to say, that laws made in defence of the protestant religion, and in their own na¬ ture not only subservient, but necessary to the de¬ fence thereof, can become destructive, or so much as hurtful to it in any case. If the protestant religion be destroyed, it is certainly some other thing than these laws kept up, that destroys it ; yea, it cannot be destroyed till these laws be first destroyed, either by taking them away, or relaxing them, or by acting contrary to them if standing. In the third place, for eluding the obligation of the oath of the test, the author says, “ That by consenting to the immunity of the papists from the execution of penal statutes, we do not consent to repeal, abrogate, or take them away (they standing still on the file unrepealed) yea, we do not allow the alteration of any of them,” which is plainly as great nonsense, as to say, that by consenting to the immunity of thieves, murderers, witches, or other most criminal offenders, from the execution of crim¬ inal laws made against them, we do not con¬ sent to repeal, abrogate, or so much as to alter any way those laws. What do penal laws signify, if by law immunity be given to trans¬ gressors of them, from the penalty annexed to them ? In the fourth place, for eluding the ob¬ ligation of the oath of the test, our author nib- bfes and quibbles (none can know to what pur¬ pose, except it be to deceive) about these plain words in it? “And shall never consent to any change or alteration contrary thereunto. In his descanting upon which words, he says, that when they are seriously considered, it will appear that the change and alteration sworn against, is the change and altera¬ tion “of the protestant religion itself, or ot any of the necessary and essential doctrines thereof.” And whoever thought otherwise, who but slightly considered these words ? But withal even to them who curiously and slenderly con¬ sider them, it will appear, that not only the change and alteration of the protestant religion 380 THE HISTORY OF THE SUFFERINGS (BOOK III. the king', to feel the pulse of his ’ ’ subjects iu England, resolved to itself, but also every change and alteration con¬ trary thereto, is sworn against in them. And there may be changes and alterations, many and great enough, contrary unto the protestant re¬ ligion, though itself be not changed and altered. Has not God preserved the protestant religion itself, notwithstanding that many changes and alterations contrary unto it have fallen out ? And will a change either of, or in laws made in defence of, the protestant religion, be no change and alteration at all contrary unto it ? But the author subjoins, “ that none will imagine, that to consent to the suspending of the execution of penal statutes against papists, is to grant con¬ sent to the alteration of our reformed reli¬ gion.” This which he saith, is as if one should say, that none will imagine, that to consent to the throwing down a wall about a besieg¬ ed city, or pulling np a hedge about a vine¬ yard, is to consent to any change or alteration in the vineyard or besieged city. Our religion being considered (as in the present case it ought to be) as fenced with penal statutes against its enemies, will there be no change and alteration at all of it as such, or if none of itself, yet would there not be any change or alteration contrary unto it, if it be denuded and deprived of that fence ? The words of an oath are to be taken, and by conscientious men will be taken, iri the most comprehensive sense the words will natively bear, and not in the narrow or distorted sense which the quibblings of perverse men put upon them. But, in the last place, the author utterly throws down the obligation of the oath of the test, and the strong bulwark of the protestant religion, with one very frightful and terrible blow, viz. by a thundering assertion, that “ to make or own penal statutes against papists, appears rather one of these popish or fanatical principles arid doctrines, which by the oath of the test we are bound to renounce and disown, than an essential or necessary article, principle, or doctrine of the protestant religion. I know none, (nor I think the author either) who holds it to be an essential article of the pro¬ testant religion, to make or own these laws, though the Christian (which is the protestant) religion warrants and approves them ; for the protestant religion was in all its essential prin¬ ciples, before those human penal laws were made, and therefore before they could be owned. So then, according to this author, the making or owning of them, is one of the popish or fanati¬ cal principles, which by the oath of the test, we are bound to renounce and disown. This, for¬ sooth, is an unanswerable argument for his pur¬ pose : but what needed our author be at all this pains, so voluminously to plead for such a petty thing as the bare suspending the execution of those laws, since, according to him, the ver laws themselves, root and branch, are so strongly abjured by all the members of parliament, who have taken the test? Yet, good man, he will find it no small difficulty to persuade either pa¬ pist or protestant, or himself either, to be of this mind. liefl. VII. The author’s last argument is dra wn from what the king may legally do by his prerogative. His majesty’s prerogative, like raise a superstructure of arbitrary power in Scotland, in which he had laid the f’oun- the edge of a razor, is dangerous to be meddled with, yet with all due respect to his majesty’s prerogative, and, I hope, without offence, these few things, amongst many, may be said in an¬ swer to the author’s argument drawn from it. Imi o, How great soever be his majesty’s prei'o- 1 gative, none that is orthodox will affirm, that by virtue of it he may dispense with an unre¬ pealed law of God, as the law for punishing idolaters is. There is a great difference bewixt granting an indemnity for a bypast transgres¬ sion, of a divine criminal statute, (as is the di¬ vine law against a murderer) and the granting an immunity from all punishment, to them that shall transgress such a law for the future ; and whatever can be said for the former, who, that is either a good divine or a good Christian, will assert that his majesty by virtue of his preroga¬ tive may do the latter ? 2 do. If his majesty by his prerogative, may legally indulge the exercise of idolatry, with impunity to them who prac¬ tise it, though (as has been proven) there be a standing divine law for punishing it, what rea¬ son and account can be given why he may not also, by his prerogative, give an immunity and exemption from all punishment, to such as shall practise theft, murder, witchcraft, incest, and such other horrid crimes? 3 tio. Albeit papists are not ignorant of what his majesty may do by his prerogative, and do brag much of it, yet it would seem they are not of our author’s mind, that he may legally by his prerogative, give an immunity to them for the exercise of their wor¬ ship, else they would not be at such a great deal of pains to get this granted to them by the par¬ liament. ito. Whatever, and how great soever be his majesty’s prerogative, yet in the present case under consideration, he hath been pleased to limit the same, by ratifying and confirming all the laws for the protestant religion, most of which, if not all of them are penal, against its enemies : And 5 to. Whatever his majesty may legally do by virtue of his prerogative, yet the members of parliament may not legally (even in regard of human law) consent to a suspend¬ ing of the execution of penal statutes against papists, they being bound up from giving that consent by the oath of the test, imposed on them by law, consented unto, and confirmed by his present majesty, and by several other standing laws; besides that, a far higher law, the laws of God, ties them to refuse that consent. Having mentioned and confuted all in our author’s paper, that hath any shadow and sem¬ blance of a reason for persuading an allowing unto papists, so much as the private exercise of their religion and worship, I shall pass by other things in it, such as his insinuating, that if the oath of the test bind up from allowing unto papists an impunity in the practice of their idolatry, then it binds up from giving charity to \ a starving papist, (which is as if one should say, I that what binds up from allowing immunity and impunity unto a murderer, in the practice of his sin, binds up from giving meat and drink unto him, while the magistrate suffers him to live.) Our author’s professing, that if the par¬ liament refuse their consent to a suspending the [ execution of penal statutes against papists, he CHAP. X.] OF THE CHURCH OF SCOTLAND. 381 dation by bis popularity, and public dissem¬ bling1 bis religious designs when he was sees not how it is possible to avoid that scandal of founding dominion and right of property on grace, (and it is just alike possible to avoid that scandal, without suspending the execution of penal statutes, yea, without taking quite away the laws themselves against sorcerers, sodomites, murderers, &c.) his impudence in affirming again and again, that though there was apparent danger to our religion from papists in former times, when all the magistrates, supreme and subordinate, were protestant, and all the power, civil and military, was in the hands of zealous protestants, but that now, when it is far other¬ wise, we are out of all reasonable fears from papists. These, I say, and many such like things in our author’s paper, I pass by, as things that lie obvious and open to the scorn and con¬ tempt of any who retain the exercise of their judgment and reason. And these reflections upon our author’s paper, having exceeded much the brevity at first intended in them, I shall conclude them with one of these reasons and arguments, which in the last paragraph of his paper he calls idle and frivolous, (a strong an¬ swer indeed to them) against that parliament¬ ary allowance he in his whole paper pleads for unto the papists, to practise their idolatrous worship without any molestation. The reason and argument is this, he who will allow the practice of a sin, is in divine and all reasonable human construction guilty of that sin, much more he who frames the iniquity of that allow¬ ance by a law. If our author or any other deny this he is no good divine ; and let any who doubt of it consider Ephes. v. 11. and ver 7. with Psal. 1. 18. and what commentators, both popish and protestant, say on these and such like places; hut so it is, that the private as well as public practice of popery, (it being idolatry) * (if our author or any other deny this he is no good protestant) ergo, &c. Let these therefore concerned consider, that if they give their consent, especially their parliamentary consent, that papists shall have the exercise of their worship in private houses, (and this may be public enough) with all man¬ ner of impunity to them therein, they who give this consent will be guilty interpretatively of all that idolatry, which, upon that indulgence and impunity from all punishment, shall be practised by papists. To say that this shall not import any allowance or approbation of the popish re¬ ligion, is just such another contradiction, as to say that the laws against papists shall remain in their full force, excepting in so far as they are so innovate, that papists are put under the pro¬ tection of the king’s laws, a considerable number whereof are the laws against papists. Let it also be adverted unto, that he who allows the practice of a sin, by giving immunity and impu¬ nity to the practisers of it, is in the construction both of divine and human law, guilty of all the hurt, harm, and mischief that follows thereupon. These therefore who are apt to flatter themselves, by looking only to what for present is next before * There is a blank in the autograph part of the writ, being erased : but as far as it can be reached it seems to run, is sinful very evidently . — Wodrow. lord commissioner for his brother. ^ Before that parliament broke up their eyes, shall do well to look so far before their nose, as to consider that whatsoever dreadful mischiefs shall follow to our religion, liberties, estates and lives, by their taking away or relax¬ ing the statutes against popery, and thereby letting loose the bloody papists upon us, if they be called to an after-account, (as either God or man will call them to it) they will be found lia¬ ble to all the punishments-due to the practisers of those mischiefs. He that deliberately or wil¬ fully untieth a chained lion, bear, or any other ravenous devouring beast, does justly deserve to be punished for all the mischief done by it, when loosed. j Letter from the freeholders of the shires of to their commissioners to the parliament, dated June 'Ith, 1686. Gentlemen, We cannot hut acquaint you with the extraor¬ dinary surprise that we and all the country are in, to hear of those things that are in agitation among you, in this present session of parliament, we have indeed, to our great satisfaction, been informed of your steadiness andcourage, wherein you have fully answered our expectations, and the trust we reposed in you ; and for which we do heartily give you our most affectionate thanks ; hut we must tell you, that to us it doth appear very odd, that not only so strange a thing as the repeal of the penal laws, and the opening of access unto papists, by authority of parliament, unto places of public trust, which is downright the overturning of our religion and laws, hath been proposed to you, hut likewise, that divers unaccountable and illegal methods have been practised, for compassing of that end. Albeit we cannot doubt of his majesty’s willingness to take those of his own persuasion under his royal protection, whilst they contain themselves within due bounds, and make it appear, that their principle is indeed conscience, and not fac¬ tion or interest, whilst they confine their religion to their hearts and closets, and aspire not to usurp a share in the government, contrary to law : yet we shall never be induced to think, that this de¬ mand, as it lies before you, being in effect to abrogate your own fundamental laws, and to undermine your own religion, could ever have proceeded from him, who hath given us so au - thentic 'repeated assurances, who so perfectly understands his own and his people’s true inter¬ ests, who hath given so eminent demonstrations of his wisdom, clemency, and princely affection to his subjects, and who hath, in his own person, proposed so illustrious an example, of being at once true to conscience, and observant of the laws; but we rather believe it to be the effect of the indiscreet and officious forwardness of underagents, who may perhaps be one day made to answer, for thus endeavouring to beget a mis¬ understanding betwixt the king and his people. Howsoever it be, if we take a right view of the matter, we must say, as all good Christians have ever said in the like case, and as particularly the city of Magdeburg replied to the triumphant emperor Charles V. when he required their submission to the Interim, “If our lives and 382 THE HISTORY OF THE SUFFERINGS [BOOK III. last summer, besides other acts for- lo»b. . , , merly mentioned, one passed contain¬ fortunes,” said they, “ belong to vou, yet you must allow our consciences to be God’s.” It is not our business here to prove, that the popish worship pleaded for is flat idolatry; our law justly terms it so, and our divines have plainly demonstrated it to be an idolatry worse than heathenish, there being no colour to excuse it, which the heathens had not better ground to allege for theirs ; that it is for substance the very same worship with which the deluded pagans were inveigled, before the spreading of the gos¬ pel, being exactly copied from that model, and only christened with new names, hath, in a very ob¬ vious parallel, been often, by many learned pro- testants, so fully and convincingly laid open, that no considering man’s eyes can be further held in the mist, as to this truth. Nor need we suggest unto you, how otherwise grossly erroneous that church is in its doctrines, nor how tyrannical in its government, being a combined company, un¬ der a monstrous spiritual head, who carries en¬ graven upon him, this grand indelible character of antichrist, “ That he exalts himself above all that is called God,” or is * august and venerable amongst men : for whatever stretches have been made by modern papists, to deny or palliate that intolerable pretension to a supreme dis¬ pensing and deposing power seated in the Pope; yet, as it hath been, in many fatal instances, ac¬ tually exerced, so the right thereunto is, at this day, one of the most sacred articles of the more consequential Italian, Spanish, and other catho¬ lic creeds, and is still easily insinuated upon the consciences of seduced bigots, by the craft of de¬ signing priests, wherever their superstition doth obtain ; yea, it is more safe at Rome to blas¬ pheme the blessed name of God than to deny it. We nothing doubt, but you and all good pro- testants are fully satisfied in these two capital points, that the pope and his clergy are the an¬ tichrist, and that the mass, and other parts of the Romish worship, are the grossest and most unreasonable idolatry that ever was broached in the world. God hath, in all ages, raised up wit¬ nesses to these truths, even in the midst of po¬ pish darkness, many whereof have sealed them with their blood. This hath been the constant unanimous doctrine of protestant divines, for near two hundred years past, and our church hath, ever since the reformation, taught, us so from the scriptures. Now, if these things be so, what Christian can, without horror, think of consenting to a liberty for antichrist ? and so of opposing, in a judicial way, the will and laws of the son of God ; and that in behalf of his f chief adversary, whom he has so notably stigmatized in his word : what protestant can, without participating with idols, agree to the most minute allowance of either church or house idolatry? What subject can, without dis¬ loyalty, assent in the least to the readmission of an insolent usurping head. But if any manner of douht should remain as to these things with any members of parlia¬ * The word v ' the reason of the proclamation is, because divers ministers take upon them to alarm the people. This is new style to the episcopal clergy, and much for their honour. And to end this year, in Septem¬ ber the council emit another proclamation, containing the king’s pardon and indemnity to the commoners in the shires of Argyle and Tarbet, which I have likewise added in a note *. This pardon is a new slur cast * Proclamation pardoning the shire of Argijle , September 10 lit, 1686. James, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith, to maeers of our privy council, or messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting : Forasmuch as we being now resolved, for the ease of our good subjects, and quieting the shires of Argyle and Tarbet, out of our royal clemency and princely compassion, to indemnify the commoners there¬ in, for their accession to the late Argyle’s rebel¬ lion, with the exception aftermentioned, do therefore, with advice of our privy council, hereby give and grant our full, free, and ample pardon and indemnity to all the commoners within the said shires of Argyle and Tarbet, for their lives only; excepting such as shall be found by our commissioner, now sent thither, during his stay there, to have been either ring¬ leaders, or officers in the said rebellion, (who are hereby excluded.) And we hereby declare, that this our pardon and indemnity shall be to the said commoners (not excepted as said is) as valid and sufficient, for any accession they had to the said late rebellion, or for harbouring, re¬ setting, conversing, or corresponding with these rebels, as if they and every of them had a particular remission for the said crimes, past under our great seal. And further, we hereby declare, that it is and shall be free to all our lieges, from the date hereof, to converse, cor¬ respond, and intercommune with, reset, har¬ bour, and entertain the commoners indemnified, as said is, without incurring any hazard, or ac¬ tion, civil or criminal, upon that account, in all time coming : and that this our gracious and ample indemnity may be published and known, our will is, and we charge you strictly and com¬ mand, that incontinent, these our letters seen, ye pass to the market-cross of Edinburgh, and other places needful, and there, in our royal name and authority, by open proclamation, make publication of our gracious pardon and indemnity above written, that all persons con¬ cerned may have notice thereof. Given under our signet, at Edinburgh, the sixteenth day of September, one thousand six hundred and eighty six, and of our reign the second year. Per actum daminorum secreli concilii. Col. Mackenzie, cl. seer, concilii. God save the king. upon the unchristian and merciless address of the parliament last year, already noticed, it is confined to the subjects in those two shires, while there is no reason why it should not have extended to all the com¬ mons which joined with the earl, unless it be, that all could be expected was got al¬ ready of these two shires. The king’s par¬ don likewise is much curtailed, by its being only extended to the lives of the persons indemnified. The moveables, and every thing else valuable, lies open to every one who shall please to attack them. Yea, be¬ sides this, a commissioner is sent thither to mark out whom he pleases for ruin, and all whom he pitches on are expressly excepted out of the indemnity. Such half favours may protestant subjects expect from a po¬ pish prince. CHAP. XL OF THE STATE AND CIRCUMSTANCES OF PRES¬ BYTERIANS, DURING THE YEAR 1 687. This history having already run j a j 1687 to so large a bulk, and not many particulars offering that are necessary to be insert, after so many instances of severity, I shall very quickly run through this year. The papists by this time were come to have very big expectations of the restora¬ tion of their religion in Britain and Ireland, from the bigotted prince now on the throne. It is from them we may expect to understand best the state of this matter ; aud therefore I shall, in the entry of this year, insert from Mr Archdeacon Eachard, the copy of a letter from a jesuit at Liege, to a brother of his at Frill urg', which con- tains a very full account of the expecta¬ tions and designs of papists at this junc¬ ture. The world owes its first publication to that industrious author, very lately, and I doubt not but it will be acceptable to the curious reader. Its date is February 2d, 1687, and it runs thus ; “It is wonderful to see king James’s great affection to our society : he wished prosperity to this whole college, by the reverend father the provincial, and earnestly recommended himself to our prayers. Upon father John Keynes’s return into England, he gave him a most gra¬ cious reception, while earls and dukes were CHAP. XL] OF THE CHURCH OF SCOTLAND. 403 commanded for some hours to wait for admit¬ tance) with whom, in the queen’s presence, he discoursed with ail familiarity, He asked him, ‘ hovv many candidates for orders he had, and how many students.” And upon the provin¬ cial s answer to his majesty, who was very ur¬ gent with him, 4 that of the former, and of the latter, he had above fifty.” Fie replied, 4 There would be occasion for double or treble that number, to effect what he designed for that so¬ ciety’s performance ;’ and ordered, that they should be all exercised in the art of preaching; for now, says he, 4 England has need of such.’ I do not doubt but you have heard, that the king, writing to Father ae la Chaise, the French king’s confessor, concerning the affairs of the house among the Walloons, declared, that what¬ ever was done to the English fathers of that house, he would look upon as done to himself. Father Clare, rector of the same house, being arrived at London, to treat of that matter, got an easy access to the king, and as easily gained his point. The king himself forbid him to kneel, and kiss his hand, according to custom, saying, 4 Reverend father, you have indeed once kissed my hand ; but if I had known then, as I do now, that you were a priest, I would rather myself, father, have kneeled down and kissed your hand.’ After he had finished his business in a familiar conversation, his majesty told this father, 4 That he would either convert England or die a martyr, and he had rather die the next day and convert it, than reign twenty years piously and happily, and not effect it.’ Finally, he called himself 4 a son of the society, of whose good success,” he said, 4 he was as glad as of his own.’ And it can scarcely be express¬ ed, how much gratitude he showed, when it was told him, 4 That he was made partaker,’ by the most reverend our provincial, 4 of all the merits of the society,’ out of which he is to nominate one for his confessor; but hitherto it is not known who it will be. Some report, that it will be the reverend father the provincial, but still there is no certainty of that. Many are of opinion, that Father Edward R. Petre, who is chiefly in favour with the king, will ob¬ tain an archbishopric, but more believe it will be a cardinal’s cap. To him has been granted, within this month or two, all that part of the palace, in which the king used to reside, when he was duke of York, where there is not a day but you may see, I know not how many cour¬ tiers waiting to speak to his eminence, for so, they say, he is Galled. For the king advises with him, and with many catholic lords, who have the chief places in the kingdom, to find a method to propagate the faith without violence. Not long since, some of these lords objected to the king, 4 That they thought be made too much haste to establish the faith.’ To whom he an¬ swered, 4 1 am growing old, and must j take large steps, else, if I should happen 1 J ' to die, I might perhaps leave you in a worse condition than I found you.’ When they asked him, 4 Why then he was so little con¬ cerned about the conversion of his daughters, who were the heirs of the kingdom.’ He an¬ swered, 4 God will take care of that, leave the conversion of my daughters to me. Do you, by your example, couvert your tenants and others to the faith.’ He has catholic lord- lieutenants in most counties, and we shall shortly have catholic justices of the peace in al¬ most all places. We hope also, that our affairs will have good success at Oxford. In the pub¬ lic chapel of the vice-chancellor, who is a catho¬ lic, there is always one of our divines, who has converted some of the students to the faith. The bishop of Oxford himself seems to be a great favourer of the catholic faith. He pro¬ posed to the council, 4 Whether it did not seem to be expedient, that at least one college should be granted to the catholics at Oxford, that they might not be forced to study beyond sea at such great expenses : ’ but it is not yet known what answer he had. The same bishop having invited two of our brethren, together with some of the nobility, drank the king’s health to a cer¬ tain heretic lord who was in company, wishing his majesty good success in all his undertakings ; adding also, 4 That the religion of the protes- tants in England did not seem to him in a better condition, than Buda was before it was taken, and that they were next to atheists that defended that faith.” Many embrace the true religion, and four of the most considerable earls have lately made public profession of it. Father Alexander Keynes, the provincial’s nephew, to whom is committed the care of the chapel be¬ longing to the elector of Palatine’s envoy, is continually taken up in solving and answering the questions of heretics, who doubt of their;, faith, of whom you may see two or three to¬ gether, walking by the chapel door, continually disputing about some point of religion. As to prince George, it is yet uncertain what religion he professes. We gradually begin to get foot¬ ing in England, we teach humane learning at Lincoln, Norwich, and York, and at Worcester we have a public chapel, protected by a guard of the king’s soldiers ; and we are to buy some houses in the town of Wiggau, in Lancashire. The catholic interest grows very strong, and at some churches granted to the catholics, upon holy days there are often counted fifteen hundred present at the sermon. At London also, our business is carried on with the same good success ; sermons are preached upon every holy day, and there are so many that frequent the chapels, that they are not big enough to hold them. Two of our society, Dormer and Bertue, 404 THE HISTORY OF THE SUFFERINGS [ROOK Ill. preach continually before the king and the queen, father Edward Neville before the queen dowager, father Alexander Keynes, in the chapel aforesaid, others in other chapels. There are many houses bought in the Savoy, near Somerset house, which is the. queen dowager’s palace, towards the erecting the lirst college in London, for about eighteen thou¬ sand florins ; and they are hard at work to bring them to the form of a college, that a school may be opened before Easter. A catholic lord-lieu¬ tenant is shortly to go over to Ireland, because the king cannot be satisfied with any other, to establish the catholic interest in that kingdom. The parliament will certainly sit in this month of February, of whom his majesty is to ask three things. First, that by a general act, all the catholic peers may be admitted to sit in the up¬ per-house. Secondly , that the test may be abol¬ ished ; and Thirdly, which is the chief point, that all penal laws against catholics should be abro¬ gated. And that he may the better obtain these things, he designs to let them all know, ‘ That he is resolved to turn out all those who will not heartily act for the obtaining of them, and like¬ wise dissolve the parliament.’ At which reso¬ lution some heretics being terrified, came to a certain earl to advise with him what might be done ; to whom he answered, ‘ The king’s mind is sufficiently known ; what be has once said, he will certainly perform ; if you love yourselves, submit to the king’s pleasure.’ There is to be a great preparation of war at London, and a fleet of above an hundred men-of-war is to be fitted out against the spring, but against whom it is uncertain. The Dutch are under great ap¬ prehensions, but for what reason, although they are said to make an armament, time will best discover.” In Scotland the former hardships conti¬ nued upon good numbers of presbyterians. ‘Heavy oppression remained upon many places in the west and south, during this year ; severals were fined for nonconformi¬ ty, and good numbers were banished to the plantations in the entry of this year. The justiciary went on in forfeiting of some, and processing others ; and we shall meet with part of the old spirit working in the privy council, against conventicles. But the great thing for which this year was remark¬ able, is the liberty granted by the king, first to the papists, and with them, under re¬ strictions, to the presbyterians, who still re¬ fused it, till, after several shapes, in July it caine unclogged with any thing gravami- nous to their consciences ; and this put an end to the sufferings of the greatest part of them. The accounts of those things 1 shall comprise in two sections, and hasten to the end of this work. SECT. i. Of the procedure of the justiciary and council, with the general state of the per¬ secution through the country, this year, 1687. I have already given the reasons of the abatement of the persecution against pres¬ byterians, and I shall give but a few instan¬ ces of its continuance, if once I had run through the procedure of the justiciary and council, from any thing I have met with of their actings. To begin with the criminal records ; upon the first of February, by a letter from the king, Sir John Dalrymple, son to the late president, is received king’s advocate in Sir George Mackenzie’s room. The springs of this change I shall leave to the civil his¬ torians of this period. That same day James Sloss, a worthy merchant in Glas¬ gow, since the revolution one of the bailies of that city, and mentioned before in this history, produced before the lords relaxa¬ tion from the horn, for alleged being at Bothwell-bridge, and no further probation being offered against him, he is dismissed; and that same day great numbers of country people from the parish of Kilbride, and other neighbouring parishes in Lanarkshire, cited before the lords for reset and converse with rebels, and accession to Bothwell, are lib¬ erate, no proof appearing against them. March 4th, some more persons are before the lords, for their joining with the late earl of Argyle. And Campbell of Gab, Campbell of Drumfunish, Campbell of Dal¬ ton, Campbell of Ulva, are found guilty, and the lords decern them to be executed to death, &c. as in common form, wdien ap¬ prehended. And upon the 8th of March, Lawmont of Meandrynan, Campbell of Artarich, M‘Phun of Invernydan, M'Collum of Reanlochtean, M‘Phun of Dryp, and Campbell of Sonachan, are found guilty> and sentenced as above. These are all I j meet with prosecuted upon the earl’s at- j tempt. May 4th, commences a very long j process in the criminal books, of many CHAP. XI.] OF THE CHURCH OF SCOTLAND. 405 against several country I His vigorous appearances against po- 1687. sheets of paper, people, for their accession to Botliwell- bridge, now seven years after the alleged guilt. The advocate presents an indict¬ ment of treason and rebellion, for accession to Bothwell, against the following persons, John Love younger in Little-Govan, John King elder and younger there, Alexander Clerk, William Caldwell there, Humphrey Barbar in Risk, John Caldwell, William Orr there, John Patison elder in Lochside, James Wilson in Mosshead, John Caldwell in Beltrees, John Orr, Thomas Caldwell, William Caldwell, Andrew Robertson, Ro¬ bert Orr, David Smith, Robert King, Ro¬ bert Orr in Beltrees, and James Robertson. The lords give their interlocutor, that the pannels rendezvousing in arms at Middle- ton-hill, the week before Bothwell-bridge, is relevant to infer treason, and remit the probation to an assize. May 5th, there are long and learned debates about witnesses, too large here to be abbreviated. May 6th is spent in examination of witnesses, who prove very little; and May 7th, the assize assoilzie the pannels. Upon the day last named, the lords have another process be¬ fore them. John Yallange, James Carshill, John M'Aulay, and Hugh Smith, are in¬ dicted for corresponding with Mr James Renwiclc, for traitorous principles, and fre¬ quenting conventicles. The advocate re¬ stricts the libel to their owning traitorous principles, being present at held conventi¬ cles, refusing to own the king’s authority, and to assert his prerogative- The lords give their interlocutor, that the libel infers an arbitrary punishment, which is not the method of former years, and the diet is continued ; and 1 find no more about them. June 30th, Semples in Nethershiels, Pater¬ son, Scot, Fleming, Lawrie, Chapelton, are indicted for accession to Bothwell, and the diet is deserted. In July, the criminal court have before them a process against the forenamed doc¬ tor Gilbert Burnet, sometime professor of divinity at Glasgow, and since the revolu¬ tion bishop of Sarum. This great orna¬ ment of his country is so well known to the world, that it were to light a candle to the sun, for me to offer any account of him. pery exasperated the king and the je- suists about him, so far as to show their spite by this mean process against him in absence, and when out of the nation, by the king’s own permission. And all the hurt they could do him, was to bring him in among the rest of the excellent and worthy patriots and protestants, who felt, in as far as they could be reached, the fury of this period. When, in common course, he behoved to be cited at the pier and shore of Leith, ac¬ counts were sent him by his friends of this impotent malice the king and managers here were showing against him. Where- upon the doctor wrote a letter to the earl of Middleton, secretary, if possible, to di¬ vert this process ; a copy of which being before me, I have insert it here. “ Hague, May 3d, 1687. “ May it please your Lordship, “ The affairs of this province belonging to your lordship’s share in the ministry, this leads me to make this humble address to your lord- ship, and by you to his majesty. I have re¬ ceived advertisement from Scotland, that the king has writ to the privy council, ordering me to be proceeded against for high treason against his person and government, and that, pursuant to this, the king's advocate has cited me to ap¬ pear there. If any thing in the world can sur¬ prise and disorder me, this must needs do it ; for as few men have written more, and preached oftener against all sorts of treasonable doctrines and practices than myself, so all the discoveries that have been made of late years, have been so far from aspersing me, that though there has been disposition enough to find fault with me, yet there has not matter been given so much as for examination. It is thirteen years since I came out of Scotland ; for these last five years, I have not so much as mentioned the common¬ est news in any letter that I have written to any in that kingdom. I do not mention acts of indemnity, because I know that I need not the benefit of them. I went out of England by his majesty's approbation, and I have stayed out of it, because his majesty expressed his dislike of my returning to it. I am now upon the point of marrying in this country, and I am natura¬ lized by the states of Holland ; but though by this, during my stay here, my allegiance is transferred from his majesty to the sovereignty of those provinces, yet I will never depart from the profoundest respect to his sacred person, and duty to his government. Since my coming to 406 THE HISTORY OF THE SUFFERINGS [BOOK III „ these parts, I have not seen any person, either of England or Scotland, that is out¬ lawed for treason ; and when the king took ex¬ ceptions to my access to the princess and prince of Orange, there was not a thing of this kind objected to me : so I protest to your lordship, I do not so much as imagine upon what it is that these informations, that, it seems, are brought to his majesty, are founded. “ My lord, as I am not ashamed of any thing I have done, so I am not afraid of any thing my enemies can do to me : I can very easily part with a small estate, and a life of which I have been long weary; and if my en¬ gagement in this country could dispense with it, 1 would not avoid the coming to stand my trial: but as this cannot be expected in the estate in which I am, so I humbly throw myself at his majesty’s feet, and beg that he may not con¬ demn me, not so much as in his thoughts, till I know what is the crime that is objected to me, so as I may offer a most humble justification of myself to him. I shall be infinitely sorry, if any judgment that shall pass upon me in Scot¬ land, shall oblige me to appear in print for my own defence : for I cannot betray my own in¬ nocence so far as to suffer any thing of this na¬ ture to pass upon me, without printing an apo¬ logy for myself : in which I will be forced to make a recital of that share I have had in affairs those twenty years bypast, and in which I must mention a vast number of particulars that 1 am afraid must be displeasing to his majesty; and as I will look upon this, as one of the greatest misfortunes that can possibly befall me, so with all the duty and humility in the world, I beg that 1 may not be driven to it. I will not pre¬ sume to add one word to your lordship, nor to claim any sort of favour or protection from you, for I address only myself to you as the king’s minister for those provinces. “ I am, my lord,” See. This pathetical letter had no effect. Soon after, his indictment or criminal let¬ ters came to his hand, dated 19th, a copy whereof I have added below. * The wit- * Criminal Letters against Doctor Gilbert Burnet, 16S7. James, &c. To our lovits, &e. heralds, pur¬ suivants, macers, and messengers -at-arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting: forasmuch as it is humbly meant and complained to us, by our right trusty and familiar counsellor, Sir John Dalrymple the younger of Stair, our advocate, for our interest, upon Doctor Gilbert Burnet. That where, notwithstanding by the laws and acts of parliament, and constant practick of this i our kingdom, the venting of slanderous, trea¬ sonable, and advised speeches and positions, and j nesses are added. To those he drew up an answer, which, evincing clearly his in- | - i the reproaching our person, estate, and govern- I ment, and the resetting, supplying, aiding, as- i sisting, intercommuning with, and doing fa¬ vours to denounced rebels, or forfeited traitors, are punishable by forfeiture of life, land, and goods; and particularly by the 13-1 act of 8 pari, king Jam. VI. it is statute and ordained, ! ! that none of our subjects of whatsoever degree, j! estate, or quality, shall presume or take upon hand, privately or publicly, in sermons, decla¬ mations, or familiar conferences, to utter any ( false, slanderous, or untrue speeches, to the dis- ! dain, reproach, or contempt of us, our council or proceedings, or to the dishonour, hurt, or prejudice of us, or to meddle in our affairs or estate bygone, present, or in time coming, un¬ der the pain of death, and confiscation of move¬ ables. And by the 10 act, 10 pari. Jam. VI. it is statute and ordained, that all our subjects contain themselves in quietness, and dutiful obedience to us, our government and autho¬ rity; and that none of them presume, or take upon hand publicly to declaim, or privately to speak or write any purpose of reproach or slander against our person, estate, or govern- | ment, or to deprave our laws and acts of par¬ liament, or misconstrue our proceedings, where¬ by any dislike may be moved betwixt us, our nobility and loving subjects, in time coming, under the pain of death ; and that these that do i in the contrary shall be reputed as seditious and wicked instruments, enemies to us, and the com- I mon-well of this realm, and that the said pain I of death shall be inflicted upor them with all ri- 1 gour, in example of others. And by the 2 act, J 2 sess. of the 1 pari, of king Char. II. we and our estates of parliament do declare, that in these , positions that it is lawful for subjects, upon pre¬ tence of reformation, or any other pretence vvhat- somever, to enter into leagues or covenants, or to take up arms against us, or these com mission ate by t us, or to put limitations upon the due obedience and allegiance, are rebellious and treasonable; and that all persons who shall, by writing, preach- j ing, or other malicious and advised speaking, express these treasonable intentions, shall be proceeded against, and adjudged traitors, and shall suffer forfeiture of life, lands, and goods; likeas, by the 3 act, 1 pari. King Jam. 1. and 37 act of his 3 pari, and by the 9 act of 13 pari. ] King James II. and 144 act, 13 pari. James VI. , and divers and sundry other laws and acts of par¬ liament of this our kingdom, it is declared high treason for any of our subjects to reset, supply, or intercommune with declared or forfeited traitors, or give them meat, drink, house, har¬ bour, or any relief or comfort ; and if they do in the contrary, they are to undergo the same pains the said traitors or rebels ought to have sustained, if they had been apprehended. Nev¬ ertheless, it is of verity, that the said Doctor Gilbert Burnet, shaking off all fear of God, con¬ science,., and sense of duty, allegiance and loyalty to us his sovereign and native prince, upon the safety of whose person and maintenance of ! whose sovereign authority and princely power, the happiness, stability, and quietness of our subjects depend, has most perfidiously and trea¬ sonably presumed to commit, and is guilty of the crimes above mentioned, in so far as Arcbi- CHAP. XI.] OF THE CHURCH OF SCOTLAND. 407 nocent, I have annexed to the preceding note.* Those his answers the doctor sent inclosed in another letter to the earl of Middleton, which deserves a room here, and it follows. bald Campbell, sometime earl of Argyle, Jamea Stuart son to Sir James Stuart sometime provost of Edinburgh, Mr Robert Fergusson sometime chaplain to the late earl of Shaftsbury, Thomas Stuart of Cultness, William Denholm sometime of Westshiels, Mr Robert Martin sometime clerk to our justice-court, and several other rebels and traitors, being most justly, by our high courts of parliament and justice-court, for¬ feited for the crimes of treason, and fled to our kingdom of England, and to Holland, Flanders, Geneva, and several other places, the said doc¬ tor Gilbert Burnet did, upon the first, second, and remanent days of the months of January, Feb¬ ruary, and remanent months of the years 1682, 1683, 1681, or January, February, March, or April, 1685, converse, correspond, and intercom¬ mune with the said Archibald late earl of Argyle, a forfeited traitor, and that within the said doctor Burnet his dwelling-house, in Lincoln’s Inn-fields, near the Plough-inn in our city of London, or suburbs thereof, or some other part or place within our kingdom of England, de¬ famed, slandered, and reproached, and advisedly spoke to the disdain and reproach of our per¬ son, government, and authority, wrote several letters, and received answers thereto, from the said forfeited traitor, when he was in Holland or elsewhere, expressly contrary to his duty and allegiance to us his sovereign lord and king. And siklike, upon the first, second, and third days of the months of May, June, July, August, | September, October, November, and December, 1685, and upon the first, second, and third days of the months of January, February, and reman¬ ent months of the year 1686, and first, second, and third days of the months of January, Feb¬ ruary, March, 1687, of any other of the days of any other of the said months or years, the said doctor Gilbert Burnet did most treasonably re¬ set, supplied, aided, assisted, conversed, and in- tercommuned with, and did favours to the said James Stuart, Mr Robert Fergusson, Thomas Stuart, William Denholm, and Mr Robert Martin, forfeited traitors and rebels, in the cities of Rotterdam, Amsterdam, Leyden, Breda, Geneva, or some other part or place within the Netherlands, or elsewhere, publicly and avowedly uttered several speeches and posi¬ tions, to the disdain of our person, authority, and government, continues and persists in such undutiful and treasonable practices against us and our government, (we being his sovereign lord and prince) expressly contrary to his al¬ legiance and duty. By committing of the which crimes above specified, or either of them, the said doctor Burnet is guilty and culpable of the crime of high treason, and is art and part there¬ of, which being found by any inquest, he ought and should suffer forfeiture of life, land, and goods, to the terror and example of others to commit the like hereafter. Our will is therefore, and we charge you straitly and command, that in¬ continent, this our letter seen, ye pass, and in our name and authority, command and charge the said doctor Gilbert Burnet above complained upon, by sound of trumpet, with displayed coat, “ May it please your lordship, 1687 “ The copy of the citation against me has been sent me out of Scotland since I took the liberty to write last to your lordship ; this puts me on a second address to you for conveying the inclosed answer, which I most humbly lay and using other solemnities necessary, to come and find sufficient caution and surety, acted in our books of adjournal, that he shall compear before our lords justice-general, justice-clerk, and com¬ missioners of justiciary, within the tolbooth or criminal court-house of Edinburgh, the twenty seventh day of June next to come, in the hour of cause, there tounderly the law for the crimes above mentioned, and that under the pains contained in the new acts of parliament; and that ye charge him personally, if he can be apprehended, and failing thereof, at his dwelling-house, and by open proclamation at the market cross of the head burgh of the shire, stewartry, regality, and other jurisdiction where he dwells, to come and find the said surety acted in manner foresaid, within six days, if he be within this our king¬ dom ; and if he be out with the same, that ye command and charge him in manner foresaid, hy open proclamation at the market-cross of Edin¬ burgh, pier and shore of Leith, to come and find the said surety within threescore days next after he is charged by you thereto, under the pain of rebellion, and putting of him to our horn. Which six and threescore days respec¬ tively being by past, and the said surety not being found, nor no intimation made by him to you of the finding thereof, that ye incontinent there¬ after denounce him our rebel, and put him to our horn, escheat and bring in all his moveables, goods, and gear to our use, for his contemption and disobedience. And if he come and find the said surety, intimation being always made by him to you of the finding thereof, that summons and assize hereto, not exceeding the number of forty five persons, together with such witnesses who best know the verity of the premisses, whose names shall be given you in roll, sub¬ scribed by the said complainer, ilk person under the pain of an hundred merks. Arid that ye, within fifteeen days after his denunciation lor not finding of caution, cause registrate thir our letters, with your executions thereof, in our books of adjournal, conform to the act of parlia¬ ment made thereanent, according to justice, as ye will answer to us thereupon. The which to do commits to you conjunctly and severally our full power, by thir our letters, delivering them to be by you duly executed, and indorsed again to the bearer. Given under our signet, at Edinburgh, the nineteenth day of April, and of our reign the third year, one thousand six hundred and eighty seven. Ex deliberations Dominorum Commissionariorum, Jusliciarii. Tho. Gordon. The witnesses against Doctor Gilbert Burnet, arc, Mr William Carstairs, preacher, Robert Baird, merchant in Holland, Mr Richard Baxter, preacher, Sir John Cochran of Ochiltree, John Cochran of Waterside, Mr Rob. West, lawyer, Englishman, Mr Zach. Burn, brewer, Englishman. 408 THE HISTORY OF THE SUFFERINGS [ROOK III IfjS'/ '!own at *''s majesty’s feet. I ain con¬ fident, that the falsehood of the mat¬ *D ocler ll urnei 's answer. I look upon it as a particular misfortune, that I am forced to answer a citation that is made in his majesty’s name, which will be ever sacred to me, that nothing hut the sense of an indispensable duty could draw from me any thing that looks like a contending with that sublime character. I owe the defence of my own innocence, and of my reputation and life to myself; I owe also to all my kindred and friends, to my religion, as I am a Christian and a protestant, and to my pro¬ fession as I am a churchman, and above ail to his majesty as I am his born subject, such a vin¬ dication of my loyalty and integrity, as may make it appear, that my not going to Scotland, according to the tenor of this citation, does not flow from any sense of guilt or fear, but merely from those engagements under which 1 am in Holland. I hope my contradicting or refuting the matters of fact set forth in this citation, shall not be so maliciously perverted by any, as if 1 meant either to reflect on his majesty for writing to his council of Scotland, ordering this citation to be made, or on his advocate for form¬ ing it, and issuing it out : but as I acknowledge, that upon the information it seems was offered of those matters here laid against me, it was very reasonable for his majesty to order justice to be done upon me ; so his advocate, in whose hands those informations it seems are now put, had all possible reason to lay them against me as he has done ; and therefore I will not pretend to make any exception to the laws and acts of parliament set forth in the first part of this ci¬ tation ; but I will only answer the matters of fact laid to my charge, and whatsoever I say concerning them, does only belong to my false accusers ; and therefore I hope they will not be looked on as things in which even his majesty’s advocate, but much less his sacred majesty, is in any way concerned. I am first accused for having seen, conversed with, and held correspondence with the late earl of Argyle ; and to make this appear the more probable, the place is marked very criti¬ cally where 1 lived, and where, as it is pretended, we met ; but it is now almost two years since the late Argyle was taken, and suffered, and that a full account was had of all his secret prac¬ tices, in all which 1 have not been once so much as mentioned, though it is now a year since I have lived and preached openly in these provinces. Uhe truth is, that for nine years before the late earl of Argyle’s forfeiture, I had no sort of cor¬ respondence with him, nor did I ever see him since the year 1676. After his escape out of prison 1 never saw him, nor wrote to him, nor heard from him, nor had I any sort of commerce with him, directly' nor indirectly ; the circum¬ stance of my house, aud the place wherein I lived is added, to make the thing look somewhat probable : but though it is very easy to know where I liyed, and 1 having dwelt in Lincolns- inn-fields, the space of seven years, it was no hard matter to add this particular ; yet so in¬ considerate is the malice of my enemies, that evert in this it leads them out of the way; for soon after Argyle’s escape, and during the stay that, as is believed, he made in London, I had removed from Lined ns-inn-tields into Brook- ters objected to me, will appear so evident to his majesty, as well as to all the world buildings, this makes me guess at the informer, who saw me often in the one house, but never in the other ; and yet even he who has betrayed all that ever passed between us, has not impu¬ dence enough to charge me with the least dis¬ loyalty, though I concealed very few of my thoughts from him. With this of my seeing the late Argyle, the article of the scandalous and treasonable words pretended to be spoken by ine to him, against his majesty’s person and govern¬ ment, falls to the ground : it is obvious that this cannot be proved, since Argyle is dead ; and it is not pretended, that these words were uttered in the hearing of other witnesses, nor is it needful to add that his majesty was then only a subject, so that any' words spoken of him at that time cannot amount to treason ; but I can appeal to all these with whom I have ever con¬ versed, if they have ever heard me fail in the respect I owed the king ; and I can easily' bring many witnesses from several parts of Europe, of the zeal with which I have on all occasions expressed myself on those subjects ; and that none of all these hard words that have been so freely bestowed on me has made me forget my duty in the least. I am in the next place accused of correspond¬ ence with James Stuart, Mr Robert Fergusson, Thomas Stuart, William Denholm, and Mr Robert Martin, since my coming out of England; 1 and that I have entertained and supplied them in foreign parts, particularly in the cities of Am¬ sterdam, Rotterdam, Leyden, Breda, Geneva or in some other parts within the Netherlands. This ! article is so very ill laid in all its branches, that it shows myr enemies have very ill informations concerning my most general acquaintance, since, though there are amongst those who are con¬ demned for treason, some that are of my kindred aud ancient acquaintance, they have here cast together a company of men, who are all (James Stuart only excepted) absolutely unknown to me, whom 1 never saw, and with whom I never exchanged one word in my whole life, as far as I can remember; one of them, Mr Robert Mar¬ tin, was, as I ever understood it, dead above a year before I left England ; as for James Stuart, I bad a general acquaintance with him twenty years ago, but have had no commerce with him now for many years, unless it was that I saw him twice by accident, and that was several years before there was any sentence passed on him ; my accusers know my motions ill, for 1 have not been in Breda these twenty three years, 1 settled in the Hague upon my coming into Holland, because I was willing to be under the observa¬ tion of his majesty’s envoy : and I chose this place the rather, because it was known that none of tiiose that lay under sentences come to it. I have never gone to Amsterdam or Rotterdam in secret, and 1 have never been there but upon my private affairs, and that never above a night or two at a time, and 1 have been so visible all the while that 1 was in these places, that 1 thought there was not room left even for calumny. 1 In the last place, it is said that i have pub¬ licly and avowedly uttered several speeches and positions to the disdain of his majesty’s person, authority, and government, and that I continue, and persist in these treasonable practices ; this CHAP. XI ] OF THE CHURCH OF SCOTLAND. 409 besides, that he will not only order the pro¬ ceedings to be quite discharged, but that he will also order some reparation to be made to me, for so public a blemish, as even a citation for so high a crime amounts to. I confess, the many hard things that have of late been cast on me, and in particular to young and old, and fo¬ reigners as well as Englishmen, that have been coming into those parts, make me see that my enemies have possessed his majesty with thoughts of'me, that I must crave liberty, with all humility. is so generally asserted, that it is enough for me to say, it is positively false : but I have yet clearer evidence to the contrary of this ; I have preached a whole sermon in the Hague against all treasonable doctrines and practices, and par¬ ticularly against the lawfulness of subjects ris¬ ing in arms against their sovereign, upon the account of religion ; and I have maintained this so oft both in public and private, that I could, if I thought it convenient, give proofs of it, that would make all my enemies be ashamed of their injustice and malice. The witnesses cited against me are, first, Sir John Cochran, whom I have not seen above these four years last past, and with whom I have had no sort of commerce since I saw him. It is almost two years since he had his pardon, so it is probable he then told all that he has ever told concerning me : and it is not likely that the matter would have been let lie sleeping all this while, if he had said any thing to my preju¬ dice. I confess I have been long acquainted with him ; I look upon him as a man of honour, and I reckon myself so safe in his honour, and in my innocence, that I do freely release him from all the obligations of friendship and confi¬ dence, and wish that he may declare every thing that has ever passed between us ; for then I am sure he will do me the right to own, that as oft as we talked of some things that were complained of in Scotland, 1 took the occasion to repeat my opinion of the duty of subjects, to submit and bear all the ill administrations that might be in the government, but never to rise in arms upon that account. The next witness is his son, whom I never saw but once or twice, and with whom I never entered into any dis¬ course, but what became a man of my profes¬ sion to so young a person, exhorting him to the duties of a Christian. The next two are Mr West and Mr Burn, whose faces I do not know ; after them come Mr Carstairs and Mr Baird, whose faces I know not either. It seems these are the witnesses to be led against me, for the article relating to the Netherlands ; but as I am wholly a stranger to Mr Carstairs, so I do not so much as know if there be such a person in being as Mr Baxter; 1 have had no corre¬ spondence at all with him these two and twenty years, unless it was, that once or twice I met him Ly accident, in a visit in a third place, and that once, about six years ago, I went to discourse with him concerning a matter of his¬ tory, in which we differed ; but as all our con¬ versation at that time, was in the presence of some witnesses, so it was not at all relating to matters of state. And now I have gone over all the matter that is laid against me in this citation, and have TV. to say, that they are as undeserved as hard. What have I done or said, to draw on me so heavy and so long a continued displea¬ sure? But my comfort lies in the witness that I have within me of my own innocence, so that I dare appeal to God, as I do now with all duty to his vicegerent. Since this matter is now be¬ come so public, and that now my name is so ge¬ nerally known, I must not be wanting to my own innocence, especially, when not only my life and reputation are struck at, but the religion made such reflections both on the facts that are alleged, and the witnesses that are named, as will, I hope, satisfy even my enemies them¬ selves of the falsehood and injustice of these in¬ formations ; so that I presume so far on his ma¬ jesty’s justice, as to expect that all the indigna¬ tion which is kindled against me, will be turned upon my false accusers. To all this I will add one thing further, for my justification, though I am fully satisfied it is' that which I am not obliged to do, and which, if I were in other circumstances, I would not do myself, as I would advise no other man to do it : for it is a part of that right that every man has, to pre¬ serve himself by all lawful ways, that he do not accuse himself, and, by consequence, that he do not purge himself by oath, of matters objected to him ; and I do not so well approve of the courts of inquisition, as to give countenance to a practice which was first set on foot by them, of requiring men to answer upon oath to mat¬ ters objected to them. If I were not a church¬ man, 1 would not do this which I am about to do, as I declare I will never do it again, let my enemies lay to my charge what they please ; but the rogurd I have to this sacred function to which I am dedicated, makes me now, once for all, offer this solemn purgation of myself. “ I attest the great God, the searcher of all things, and the judge of all men, that all the matters of fact laid to my charge in this citation, are utter¬ ly groundless and absolutely false.” This I am ready to confirm with my corporal oath, and to receive the sacrament upon it. And now 1 hope I have said enough to satisfy his majesty concerning my innocence, so that I am confident he will not only discharge all fur¬ ther proceedings against me upon this accusa¬ tion, but that he will express his royal dis¬ pleasure against my false accusers : but if the power of my enemies, and their credit with his majesty, is still so great, that this matter shall he carried farther, and that advantage shall be taken from my not appearing in Scotland, to proceed to a sentence against me, which some brutal men now in the Hague, are threatening before-hand, that they will execute it, I then make my most humble appeal to the great God, the King of kings, who knows my innocence, and to whom my blood will cry for vengeance against all that may be any way concerned in the shedding of it: he will, at the great day. judge all men righteously, without respect of persons ; it is to him that 1 flee, who, I am sure, will hear me, “judge me, O God, according to the integrity that is in me.” Gilbert Burnet. At Hague in Holland, 17 th May, 0. S • 1687. 3 F 410 THE HISTORY OF THE SUFFERINGS [BOOK 111. ICS7 ^ pi'°fess is wounded through my sides; therefore, till 1 have put in order my me¬ moirs for a larger work, I find it in some sort ne- j cessary to print the citation, together with this answer. But I had much rather have all this prevented by an effect of his majesty’s justice, in ordering an end to be put to this accusation ; and that by some act that may be as public as the citation itself was, which may bear his ma¬ jesty’s being satisfied with my innocence as to these matters; but if I have still as melancholy an answer to this, as I have had to all the for¬ mer applications I have made, 1 must maintain my innocence the best way I can, in which I will never forget that vast duty I owe his ma¬ jesty, whatsoever I may meet with in my own particular, if there is any thing, either in the inclosed paper, or in this letter, that seems a lit¬ tle too vehement, I hope the provocation that I have met with will be likewise considered ; for while my life and reputation are struck at, and while some here are threatening so high, a man must be forgiven to show that he is not quite insensible : though my duty to the king is proof against all that can ever be done to provoke me, yet I must be suffered to treat the instruments and procurers of my disgrace, who are contriv¬ ing my destruction, with the plainness that such practices draw from me. I will delay printing any thing for a fortnight, till I see whether your lordship is like to receive any order from his majesty relating to him, who is, “ May it please your lordship, “Your lordship’s,” &c. At the Hague , May 17 th,-> Old Style, 1687. J When the doctor’s letters were altogether neglected, before the publishing his apo¬ logy in print, he sent a third letter to the secretary, which likewise follows. “ May it please your lordship, “ I venture once more to renew my addresses to your lordship, before I print the paper that I sent you by my last, of the 17th of May, to¬ gether with the two letters that I wrote you ; for I find it necessary to add this, and that it go with the rest to the press. I am told, that great advantages have been taken upon an expression in my first letter, in which I wrote, that by my ‘ naturalization, during my stay here, my alle¬ giance was translated from his majesty to the sovereignty of this province,’ as if this alone was crime enough : and I hear that some who have been of the profession of the law are of this mind. I indeed thought that none who ever pretend to study law, or the general no¬ tions of the intercourse among nations, could mistake in so clear a point. I cautioned my words so, as to show that 1 considered this translation of my allegiance only as a temporary thing, * during my stay here.’ And can any man be so ignorant as to doubt of this ? Alle¬ giance and protection are things by their na¬ tures reciprocal : since then naturalization gives a legal protection, there must be a return of al¬ legiance due upon it. I do not deny but the root of natural allegiance remains, but it is cer¬ tainly under a suspension while the naturalized person enjoys the protection of the prince or state that has so received him. I know what a crime it had been if I had become naturalized to any state in war with the king ; but when it was to a state that is in alliance with him, and when it was upon so just a ground as my being to be married and settled in this state, as it could be no crime in me to desire it, so I having obtained it, am not a little amazed to hear any are so little conversant in the law of nations, as to take exceptions at my words. Our Saviour has said, ‘ that a man cannot serve two masters;’ and the nature of things says, that a man cannot he at the same time under two allegiances. His majesty, by naturalizing the earl of Feversham and many others of the French nation, knows well what a right this gives him to their allegiance, which, no doubt, he as well as many others have sworn, and this is a translating their allegiance with a witness. That lord was to have commanded the troops that were sent into Flanders in 1678 against his natural prince : and yet, though the laws of France are high upon the points of so¬ vereignty, it was never so much as pretended that this was a crime. 'And it is so much the interest of all princes, to assure themselves of those whom they receive into their protection, by naturalizing them, (since without that they should give protection to so many spies and agents for another prince) that if I had not very good ground to assure me that some have pre¬ tended to make a crime out of words, I could not easily believe it. My lord, this is the last trouble that I will give your lordship upon this subject ; for it being now a month since I made my first address to you, I must conclude, that it is resolved to carry this matter to all extremi¬ ties ; and Mr D’ Albeville’s instances against me, and the threatenings of some of his coun¬ trymen, make me conclude, that all my most humble addresses to his majesty, are like to have no other effect but this, that 1 have done my duty in them, so that, it seems, I am to be judged in Scotland. 1 am sorry for it, because this must engage me in a defence of myself, 1 mean, a justification of my own innocence, which I go to much against my heart ; but God and man see that I am forced to it: and no threatenings of any here will frighten me, for I will do that which I think fit for me to OF THE CHURCH OF SCOTLAND. 411 CHAP. XI.] do to-day, though 1 were sure to be assassinated for it to-morrow. But to the last moment of my life, 1 will pay all duty and fidelity to his majesty. “ My lord, “ I am, with all possible respects, “Your lordship’s,” &c. At the Hague, the 6th of June, I Old Style, 1687. J Meanwhile the doctor gets a new cita¬ tion, dated June 10th, mostly upon his first letter to the secretary, which I have like¬ wise inserted below.* Thus every thing * Dr Burnet’s second citation. James, by the grace of God, &c. greeting. Forasmeikle as it is humbly meant or com¬ plained to us, by our right trusty and familiar counsellor. Sir John Dalrymple the younger of Stair, our advocate for our interest, upon Dr Gilbert Burnet : that where, by the common law, by tbe acts of parliament, and the muni¬ cipal laws of this kingdom, the declining or im¬ pugning our sovereign authority, or putting treasonable limitations upon the prerogatives of our crown, upon the native allegiance due by any of our subjects, born Scotsmen, whether re¬ siding within our dominions or not, are declared to be high treason, and punishable by the pains due and determined in the law tor treason. Nevertheless it is of verity, that Dr Gilbert Burnet, who is a Scotsman by birth and educa¬ tion, being cited at the pier and shore of Leith, at the instance of our advocate, for several trea¬ sonable crimes, to underly the law, by virtue ot particular command from us, direct to the lords of our privy council, and an act of our said privy council hereupon, ordering our advocate to in¬ tent the process ; instead of appearing before the lords of justiciary, doctor Gilbert Burnet did write and1 subscribe a letter, dated at the Hague the third of May last, directed for the earl of Middleton, one of our principal secretaries ol state for our kingdom of England : in the which, the said Dr shows, that in respect the affairs of the United Provinces fall to his lordship s share in the ministry, therefore he makes the follow¬ ing addresses to his lordship, and by him to us, and gives an account that he is certiorate of tbe process of treason executed against him, at the instance of our advocate; and, for answer there¬ to, the doctor writes, that he has been thirteen years out of the kingdom of Scotland, and that he is now upon the point of marrying in the Netherlands, and that he is naturalized by the states of Holland, and that thereby, during his stay there, his allegiance is translated from us to the sovereignty of the province of .Holland ; and, in the end of his letter, he certifies, that it this declinature be not taken off his hand, to sist the process, he will appear in print in his own defence, and will not so far betray his own in¬ nocence, as to suffer a thing of that nature to pass upon him, in which he will make a recital of affairs that have passed these twenty years, and a vast number of particulars, which he be¬ lieves will be displeasing to us ; and therefore desires, that he may not be forced to it, which is a direct declining of our authority, denying of his allegiance to us, and asserting, that his was improven against the doctor and ^ other worthy persons in this period, and turned to treason and the worst of crimes- In this citation there is no special law' cited ; and in law such a citation could scarce operate against him. Meanwhile this good and great man, when thus prosecuted by his own countrymen in absence, had this satisfaction, that so early as this or some time before, he foresaw, and made some proposals agreeable to the taking place of the protestant succession, in the then il¬ lustrious, and now royal family of Bruns¬ wick and Hanover ; and under all the dis¬ couragements he had at home, his head was plodding abroad, upon what providence might do for the security of the holy re¬ formation and protestant interest, so much at his heart now when popery was mounted the throne. And since his majesty king George his happy accession to the throne, in his old age he had a congratulatory let¬ ter from the Hanoverian minister, acknow¬ ledging he had the honour to be the first person who suggested a distant prospect of that comfortable turn of affairs to him, and by him to his master the elector. A person thus giving up himself to act for the protestant interest, could scarce escape the fury of this melancholy time in Scotland. Accordingly, July 7th, ‘an in¬ dictment of high treason is tabled against Doctor Burnet before the lords of jus¬ ticiary, for conversing and corresponding with James Stuart, Mr Robert Fergusson, Thomas Stuart late of Cultness, and William Denholm of Westshields, forfeited rebels ; and being cited at the pier and shore of Leith, and not compearing, the lords de¬ nounce him, and order him to be put to the horn.’ I have observed no more about him in the registers. When his large his¬ tory of his own time, which the world im¬ patiently waits for, is published, we will, allegiance is translated from us to the sovereignty of the states of Holland, and a threatening us to expose, traduce, disparage, and belie our gov¬ ernment, and the public actings for twenty years past ; though he acknowledges it will be displeas¬ ing to us, yet, by a most indiscreet and dis¬ loyal insolence, he threatens to do it in contempt, except forsooth we will acquiesce, and suffer the declinature ot our royal authority, and pass horn the process, as having no allegiance due to us from the Dr, See. in common form. 412 THE HISTORY OF THE SUFFERINGS [BOOK III. I hope, have this matter of the doc- 1687 r ' tor’s trouble at this time, set in a fuller light. July 25th, I find another process in the records, John Anderson younger of West- erton is indicted, that, upon Tuesday, March 8th, 1687, he said in a company at Edin¬ burgh, “that it was lawful for subjects to rise in arms for their own defence, and that otherwise no man’s life or property was secure.” And being desired to speak low, and the company threatening to abandon the room, he still uttered the same. The pannel confesseth he said so, comes in the king’s mercy, and disowns it as his princi¬ ple. Next day the assize bring him in guilty : and the lords decern him to be executed to death, demeaned as a traitor, and leave the time and place to the king. I meet with no more about him. This is a sad instance of the slavish spirit of this time. It was now high time for the peo¬ ple to awake out of their lethargy, when people were condemned to die for as¬ serting the plainest and most certain princi¬ ples. November 7th, James Boyle prisoner, indicted for being at Bothwell, that he dis¬ owned the king’s authority, by adding treasonable limitations, asserting that he was not king till he took the covenant, that he conversed with Mr James Renwick, and heard him preach in the fields. The pannel confesseth Bothwell-bridge to have been rebellion, owns the king to be lawful king without taking the covenant ; confes¬ seth he heard Mr Renwick, and that it was a transgression. The assize bring him in guilty. The lords sentence him to be exe¬ cuted at the Grass-market, December 7th, and forfeit all his goods to the king. He was not executed for any thing I find. This is what I meet with remarkable in the criminal records this year. I come now forward to the procedure of the coun¬ cil, as far as any hints of it have come to my hand. Toward the beginning of Janu¬ ary, there had been a sermon somewhere in the shire of Renfrew in the night time, at which, among others, James Cunning¬ ham merchant in Glasgow, and John Buchanan cooper there, were present. When they were returning to their houses, they were seized and challenged where they had been, and being unwilling to give an account, were imprisoned ; and there con¬ fessing they had been at a sermon, they were sent into Edinburgh, and banished to I Barbadoes. April this year, I find sixteen men, and five women, were banished to America, and gifted to captain Fairn, who carried them away in captain Croft’s ship then lying at Leith. Their testimony they jointly signed lies before me, and therein they signify the reason of their sentence was, because they would not acknowledge the present author¬ ity to be according to the w ord of God, nor disown the Sanquhar Declaration, nor engage not to hear Mr James Remvick, and conclude with leaving their testimony against the evils of the times, and sign thus. “James Hamilton, James Douglas, John Brown, George White, Alexander Bailie, Gilbert M'Culloch, Thomas Brown, John Wight, John Russel, William Hannah, John Stuart, James Richart, John White, John Aitken, Robert Mitohel, William Howie, Isobel Cassels, Agnes Keir, Isobel Steel, Margaret Weir, Bessie Weir.” The reader has had already the case of John Spreul, with the debates upon his torture, at great length. In May this year an order is granted to liberate him. Favours were now shown to the prisoners ; and after near seven years’ imprisonment, Mr Spreul sent a petition to the council, which follows from the original. “ Whereas it is not unknown to your lord- ships, how that your lordships’ petitioner, after his first imprisonment, was put to the extremity of the torture two several times, the which hav¬ ing sustained, was thereby assoiled by the laws of this and all other nations. Thereafter, when he was indicted, he was also cleared by the ver¬ dict of the whole assize, and thereupon assoiled by the. lords of the justiciary ; and at last being libelled before your lordships by his majesty’s ad¬ vocate, who could prove nothing against him, yet your lordships being pleased to fine him, and continue his imprisonment so long, because he had not freedom to depone upon the libel, the rea¬ sons wherefore he could not, being not only from grounds in law, but especially from conscience, and his obligation and respect to the gospel ot Jesus Christ, which are at more length expressed in his information, together with a touch at a CIIAP. XI.l OF THE CHURCH OF SCOTLAND. 413 few of the great losses he hath sustained both before and since his imprisonment (what by sea, the great tire at Glasgow, house and shop taken from his wife in his absence, also by bad debtors, and through his imprisonment all is prescribed by law (that is due him) after three years past, the goods taken from him by major Johnston, and the death of his wife, and other great expenses since his imprisonment, (being these six years and five months) all which he humbly offereth to your lordships’ consideration and pity. May it therefore please your lord- ships, to grant your lordships’ petitioner liberty to follow his lawful calling in his native coun¬ try, at least in any other nation where he may with best conveniency, not that he petitioneth for his own banishment, (and so to be sold as a slave, the which he would not be ashamed of, for the gospel’s sake, if he be called of the Lord to it,) but the liberty of a freeborn subject is that he humbly begs, at least liberty a compe¬ tent time to see if by law he can obtain any thing of his debtors to maintain himself in pri¬ son, seeing nothing hath been hitherto allowed him out of the goods taken from him by major Johnston, neither out of the treasury." May 13th, the council grant the follow¬ ing- act of liberation. “ The lords of his majesty’s privy council, having considered an address made in behalf of John Spreul apothecary in Glasgow, now prisoner in the isle of the Bass, supplicating for liberty, in regard of his majesty’s late gracious pro¬ clamation, do hereby give order and war¬ rant to Charles Maitland, lieutenant-go¬ vernor of the isle of the Bass, to set the said John Spreul at liberty, he having- found caution acted in the books of coun¬ cil, to appear before the council once in June next, under the penalty of one thou¬ sand pounds Scots money, in case of failie. Extracted by me, Colin Mackenzie, Cl. Seer. Concilii.” When this order comes to the Bass, Mr Spreul was unwilling to take his liberty upon any terms that to him ap¬ peared inconsistent with the truths he was suffering for ; and he apprehended this or¬ der involved him in an approbation of the proclamation specified, which he was far from approving. So much he signified to the governor of the Bass, and continued some time in prison, till a letter came over requiring the governor to set open doors to him, and tell him he was at liberty to go, or stay, as he pleased. Whereupon, after so long an imprisonment, he chose to come out under a protestation against what he took to be wrong- in the orders and ' proclamation, and went over to Edinburgh, and w aited on the counsellors, thanked them for allow ing him liberty, and verbally re¬ newed his protest against the proclamation and orders. Thus ended the long tract of sufferings this good man was under. The council wras much taken up in the former part of this year, in framing the different shapes of the liberty and indul¬ gence ; but these will come in upon the next section. In October they emit a pro¬ clamation anent field-conventicles, and house meetings, of the date October 5th, which is added at the bottom of the page. * I find * Proclamation against conventicles, 1687. James, by tha grace of God, king of Great Britain, France, and Ireland, defender of the faith : to macers of our privy council, or messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, and to all and sundry our lieges and subjects, whom it effeirs, greeting : Whereas we having, by our proclamation of the twentieth of February last past, and our other proclamation of the twenty-eighth of June thereafter, explaining and extending the same in favours of all our subjects of this kingdom, of whatsoever profession, granted full liberty to them to meet, and serve God in their own way and manner, on the terms therein expressly mentioned : yet we understanding, that several seditious preachers, and others, declared fugi¬ tives, do, nevertheless of that our great and un¬ expected clemency and favour, meet in the open fields, and there keep conventicles, (these ren¬ dezvouses of rebellion) and that great numbers of persons of all sorts, do frequent these seditious meetings, and many in arms. We have thought fit therefore, with advice of our privy council, hereby to declare, that not only all such persons, (whether preachers or hearers, that shall pre¬ sume to be at any conventicle in the open fields) but also all dissenting ministers, who shall take upon them to preach in houses, without observ¬ ing such directions as are prescribed by our said late proclamation, viz . “ That nothing be preach¬ ed or taught among them, which may any way tend to alienate the hearts of our people from us or our government, and that their meetings be peaceable, openly, and publicly held, and all persons freely admitted to them, and that they do signify and make known to some one or more of our next privy counsellors, sheriffs, Stewarts, bailies, justices of peace, or magistrates of royal burghs, what place or places they set apart for these uses, with the names of the preachers shall be prosecuted with the utmost rigour and severity that our laws, acts ot parliament, and constitutions of this our ancient kingdom, will allow : requiring hereby all our officers, civil and military, and all other our good subjects, who are or may be any way concerned in the execution thereof, to see' this our royal will and pleasure duly performed, and put in execution 414 THE HISTORY Ofr THE SUFFERINGS [BOOK III. ^ ^ the occasion of this proclamation, was a great clamour made by the arch¬ bishop of St Andrews, of great meetings of people without doors in his diocese, and the representation of the bishop of Glasgow, of Mr Ren wick’s frequent field-conventicles in the west country. There is nothing in the proclamation needs remarks after so much hath been said this way already. The general state of the remaining per¬ secution through the country needs not, after what hath been said upon the former years, take up much room here. The sol¬ diers continued to make their ravages in the beginning of the year ; but some regi¬ ments were called up to England. The sheriffs and inferior magistrates were fre¬ quently imposing fines for nonconformity ; and when the liberty put some stop to this, they went back and squeezed for alleged guilt in former years. This year the family of Mayfield in the parish of Twinam, who, we heard before, had their share in the former sufferings, had their oppressions continued. The lands of Mayfield had been waste two years, and no tenants in them ; and the collector of the shire gave them up as deficient in pay¬ ing the cess. Whereupon soldiers were or¬ dered out to poind the ground ; but there being nothing upon it, the party called in the neighbouring inhabitants, and would have them pay the cess. This they posi¬ tively refusing, the soldiers seized the peo- sonform to our said laws, acts of parliament, and constitutions aforesaid, every manner of way, as is thereby prescribed, and under the pains and certifications therein mentioned : and to the end our said proclamation, of the twenty- eighth of June last, may receive due obedience, we, with advice foresail), do strictly require all such as shall preach, by virtue thereof, at any time, or in any place, to make intimation of their preaching, as to the time and place, before their meetings, to some one or more of our next privy counsellors, sheriffs, Stewarts, bailies, jus¬ tices of peace, or magistrates of our royal burghs, and of their fixing their abodes there, which shall be sufficient to them during their residence at that place or places only. And in case they be transient preachers, that they give the same intimation to some one or more of our privy council, or others aforesaid, both, as they will be answerable. And further, we, in pro¬ secution of our said late proclamation, do hereby require all and every person aforesaid, to whom such intimation shall be given, respective, to pie’s cattle, alleging they had fed upon the grounds of Mayfield ; and their owners had them to buy back at rates double to the cess. The same course wras taken for up¬ lifting the king’s feus in those lands. This year Alexander Keir, late bailie of Stranraer, was imprisoned for alleged irre¬ gular baptism, as likewise William M‘Tyre, and Nathaniel Johnston, for being present at the said baptism. After some time’s im¬ prisonment, it was reckoned a favour to them when they were let out upon a bond given by each of them to compear when called, under the penalty of an hundred pounds sterling. And generally speaking, the liquidate sum in the bonds during this period, was what wras designed to be exact¬ ed of the person. During a good part of this year, the mi¬ nisters and preachers, who had been either banished, or necessitated to flee to Holland, continued there, and towards harvest and winter, generally came home. The old ministers banished thither at first, Messrs M'Waird, Livingstone, Brown, and others, had all, ere this time, got safe to the joy of their Lord, and were beyond all persecu¬ tion ; but considerable numbers forced over since, continued there. I can do little more than record their names; several of them have been pointed at formerly : all I now name, were carried safe through their troubles, and brought back again to their mother church, to be singularly useful. send in to the clerks of our privy council, once every month, the name and sirname of the per¬ sons preachers, and the times and places of their meetings, as they will answer the contrary at their peril. And that our royal pleasure in the premises may be known, and due and exact obedience given thereto, our will is herefore, and we charge you strictly and command, that incontinent, these our letters seen, ye pass to the market-cross of Edinburgh, and all the other market-crosses of the head burghs of the shires of this kingdom, and other places needful, and there, in our name and authority, by open pro¬ clamation, make publication of our pleasure in the premises, that none may pretend ignorance. Given under our signet at Edinburgh, the fifth day of October, 1G87, and of our reign the third year. Per actum dominorum secreti concilii. Col. Mackenzie, Cl. Seer. Concilii. God save the King. CHAP. XI.] OF THE CHURCH OF SCOTLAND. 415 Mr James Yeitch, brother to Mr John and Mr William, formerly spoken of, an excel¬ lent philosopher, and very much seen in scholastic divinity ; Mr George Campbell, who so well tilled the chair of divinity professor at Edinburgh after the revolu¬ tion ; he was of vast and universal learning, prodigious application and diligence, of ex¬ traordinary piety, and singular humility ; Mr Patrick Warner, of whom before ; Mr Alexander Pitcairn, whose singular abilities in controversy are known to the learned in his Tractate de Justifieatione, his skill in philosophy by his Examen Cartefianismi, and his knowledge in practical and casuis¬ tical divinity, from his large and compre¬ hensive Treatise on Prayer. Mr James Kirkton, a minister of great zeal, know¬ ledge, and learning, a most curious searcher into the natural, civil, and ecclesiastical his¬ tory of Scotland : when he returned, he was for a good many years minister at Edinburgh, and a most successful and sen¬ tentious preacher of the gospel ; Mr Alex¬ ander Hastie, a w'orthy and useful minister of the gospel at Glasgow, since the revolu¬ tion ; Mr Thomas Hogg, minister at Kil- tairn, of whom before ; Mr John Harroway, Mr Andrew Cameron yet minister at Kirk¬ cudbright, Mr William Moncrief present minister at Largo ; and Mr Patrick Cowpar minister yet at Pittenweem in Fife, at this (ime, I think, preachers. I doubt not but there wrere some others who have escaped me, besides Mr Langlands and Mr Barclay, who continued in the country since they came over upon Argyle’s attempt. Towards the end of the year, and after the liberty wras granted, the persecution continued severe enough, upon such as the soldiers and others alleged were at field- conventicles, and Mr Renwick’s followers; and though some warm papers about this time, landed it at the door of such who fell in with the liberty, yet there is no reason at all to affirm this, for their accepting the permission given them hath no kind of connection with the persecution of those who did not use this. Upon the 14th of October this year, be¬ ing the king’s birth-day, great rejoicings were made at Glasgow', by ringing of bells, and bonfires ; and at this time, when no¬ thing such was looked for, the troop¬ ers lying there surrounded the town, and the foot made a very narrow search from sunset, till about ten of the clock at night. Severals were taken and brought to no small trouble. In October this year, John Summer elder in Hole, Robert Summer his brother, and William Speir in Easter Cotes, in the par¬ ish of Cambuslang, near Glasgow', were by a party of soldiers taken out of their beds, and imprisoned in Glasgow tolbooth, merely upon suspicion they had heard a sermon in the fields thereabout, and not the least pro¬ bation wras offered against them. There they lay ten days, and were carried into Edinburgh, where they were in close prison about a month. They paid tw'o shillings sterling to the clerk of the tolbooth, foi inserting their names in his book, tw'o merks to the under-amod-man of the to!- booth. Each of them paid two dollars to an agent, to appear for them at the court, who yet did not plead for them ; and each of them paid eight dollars to the clerk of the court, (whether council or justiciary my information does not bear) before whom they were examined : besides, four shillings Scots per day, each of them for every day they continued in prison. All which amounts to near an hundred pounds Scots each ; all this over and above their main taining themselves in provision while in prison, their loss of time, and the rifling of their houses by other parties of soldiers, while they were in prison. I have taken notice of those minute charges, that the reader may have a better view of the pro¬ digious expenses many honest and religious people were put to at this time, and the former years, of more heavy and general persecution. In the w'inter 1687, and the beginning of the former year, some soldiers were sent into the south, particularly a troop of dra¬ goons, under the command of lieutenant Crichton, who quartered by turns in Kirk¬ cudbright, Dumfries, and New Galloway, and did abundance of hurt to the coun¬ try. Last year I took notice of the occasion of the society people, their forming their informatory vindication. Towards Sep- 4lG THE HISTORY OF THE SUFFERINGS [BOOK III. tember the general meeting ordered H>87. jyjr j^enwicjc j0 (irawr it up, and after several meetings and long reasonings, it was at last agreed unto in March this year. The original copy under Mr Renvrick’s own hand, delivered in to the societies, is before me. It is in print, and there the reader hath all that can be said in favour of the heights some of them ran to. And Mr Renwick evidently smooths the former actings of that party, and in some things he recedes from them, and puts the best face he can upon their past and present conduct. This book was printed in Holland this year, and hath been reprinted since, about the year 1708, by the remains of the same people under Mr M‘ Mil lan, with some addition of papers published by them since ; and it is to this account of their own I have so fre¬ quently referred my reader. Their appro- ven vindication was sent over to Holland, and printed, and the copies came home to them about the end of this year. Care was taken to spread them through the country. They further recommend it to Mr Renwick, to take up the names of all the members of the particular societies through the country, and get information in each who were reckoned fittest in each society to be elders ; and as he found cause, after trial and exam¬ ination, that he ordain or admit them. This he did in some places, this summer, and towards the end of year, with a design to form judicatories, and take trial of scan¬ dals. But Mr Renwick was soon after this called to better work, and finished his course, as we shall hear, next year. SECT. II. Of the various acts of indulgence granted this year, and particularly that liberty in July which presbyterian ministers fell into, with some remarks. What made the most noise, and was most remarkable this year, was the liberty granted to presbyterians in July. Indeed, after so long and sore a persecution, this breathing time could not but be welcome to them, though many things in the circum¬ stances of it were gravaminous. So tender ! and cautious were the few presbyterian min¬ isters now remaining, after twenty seven years’ severities, of doing any thing that might be justly offensive, that they refused several offers of a liberty once and again, under such clogs and restrictions as they took to be unlawful, and wrould not fall in with it, till it came to them in such a mould and shape, as they thought was consistent with their principles, and the cause they had so long suffered for; and what they had in July, was the utmost tfiey could look for in the present circumstances of things. I shall essay to give some account of all the shapes in which this indulgence, toleration, and liberty, was offered, and by the way, take some notice of what was granted of this kind in England, and make some remarks upon the whole; and the best view I can give the reader of this matter, will be from the principal papers themselves relative to this affair, and I shall put all I have about it in this section. When the king’s project last year, to have the penal statutes rescinded, misgave, he still prosecuted his fixed purpose, to bring in the exercise of the popish religion to Scotland, and papists into places of profit, trust, and power. Last year shoals of sem¬ inary priests and Jesuits came over from abroad, and too many of our nobility and gentry professed themselves papists, and, like all apostates, proved violent and active promoters of popery; and some of them had the best posts in the kingdom conferred on them. It deserves a remark, that such in the army, and through the country, as had been most active in the persecution the former years, either turned Roman catho¬ lics, or fell in heartily with the king’s measures, and those of his popish servants, so necessary a connection is there betwixt popery and persecution. We have already noticed the king’s letter last year, estab¬ lishing a popish chapel, and allowing pap¬ ists the exercise of their idolatrous wor¬ ship. Matters being thus ready, February 12th, the king writes a letter to the privy council, and incloses in it the copy of a proclamation, which at one stroke cuts off all the penal statutes against papists, and gives them a very large liberty. I have CHAP. XI.] OF THE CHURCH OF SCOTLAND. 417 annexed it in a note.* I need make very few reflections upon it, having already con¬ sidered several papers of this nature, parti- * King’s letter to the council, February 12 th, 1687. James K. Right trusty and right well-beloved cousin and counsellor, right trusty and right well-beloved counsellor, right trusty and entirely beloved cousins and counsellors, right trusty and l ight 'well-beloved cousins and counsellors, right trusty and well-beloved cousins and counsellors, right trusty and well beloved counsellors, and trusty and well-beloved counsellors, we greet you well. Whereas, by our letter of the twentv- tirst day of August last past, we were graciously , pleased to inform you of our designs, in order to the ease of our Roman catholic subjects, unto which we had your dutiful answer in some days i thereafter ; we have now thought fit to publish these our royal intentions, and to give an addi¬ tional ease to those of tender consciences, so to convince the world of our inclinations to moder¬ ation, and to evidence that those of the clergy who have been regular, are our most particular care, though we have given some ease to those whose principles we oau with any safety trust : we have at the same time expressed our highest indignation against those enemies of Christian¬ ity, as well as government and human society, the field-conventiclers, whom we recommend to you to root out with all the severities of out¬ laws, and with the most vigorous prosecu¬ tion of our forces, it being equally our, and out- people’s concern, to be rid of them. As for the other particulars of our royal proclamation here inclosed, we doubt not but they will appear to you most just and reasonable as they do to us, and that you will, in your respective capacities, assert and defend our royal rights and preroga¬ tives, which we are resolved to maintain in that splendour and greatness, which can only make them safe for us, supports for our friends, and terrors to our enemies. It is evident we do not mean to encroach on the consciences of any, and what we will not do, we are. resolved not to suf¬ fer in others ; and therefore it is our will and pleasure, that these our commands be forthwith obeyed, and that in order thereunto, this our proclamation be forthwith printed and publish¬ ed, in the usual manner in such cases accustom¬ ed ? And if any shall be so bold as to show any dislike of this our procedure, we desire to be in¬ formed thereof by you, to the end we may con¬ vince the world that we are in earnest, assuring all, that as we expect obedience therein, and a readiness from you and all our judicatories, to assert our rights, so it shall be our care on all occasions, to show our royal favours to all of you in general, and to every one in particular. For doing all these things, as well contained in this our letter as in our proclamation aforesaid, these presents shall be to you, and all others respect¬ ively, who may be therein any way concerned, a sufficient warrant ; aud so we bid you heartily farewell. Given at our court at Whitehall the 12th day of February 1686-7, and of our reign the third year. By his majesty’s command. cularly the king’s letter August last year. I have not seen the council’s letter here spoken of, but by the character here given of it as dutiful, one may guess that it was a material consent to the king’s design. Accordinglynow he publishes his royal inten¬ tions for a liberty to papists, among other things, to evidence his particular care of the regular clergy. It would from this ap¬ pear, the king had good hopes of many of his bishops and their clergy, as favourable to his design for bringing in popery, other¬ wise I cannot so well take up how this liberty was an evidence of his care of them. Any small compliments he gives them fur¬ ther in the proclamation, surely could never otherwise balance the inbringing of popery upon them ; yet he was happily disappointed as to several of them, who heartily appeared against popery at this time. He further recommends it to the council, ‘ to root out field-conventicles,’ which all their power could not do. The rest of the letter is a specimen of that absolute power he exerts in the proclamation. And as he will main¬ tain ‘ his own splendour and greatness,’ so he tells them ‘ he will be obeyed,’ and re¬ quires accounts of ‘any who show dislike,’ and adds, ‘ he resolves to show that he is in earnest in this matter,’ which I nothing doubt of. The proclamation itself inclosed in this letter, I would have insert here, as deserv¬ ing the reader’s special notice, but it is so long, that I have annexed it in a note.f f Proclamation, February 12 th, 1687, or first indulgence. James R. James VII. by the grace of God, king of Scot¬ land, England, France, and Ireland, defender of the faith, &c. To all and sundry our good subjects, whom these presents do or may concern, greeting. We having taken into our royal consideration the many and great inconveniences which have hap¬ pened to that our ancient kingdom of Scotland of late years, through the different persuasions in the Christian religion, and the great heats and animosities amongst the several professors there¬ of, to the ruin and decay of trade, wasting of lands, extinguishing of charity, contempt of the royal power, and converting of true religion, and the fear of God, into animosities, name, factions, and sometimes into sacrilege aud treason ; and being resolved, as much as in us lies, to unite the hearts and affections of our subjects, to God in religion, to us in loyalty, and to their neighbours in Christian love and charity, have therefore thought fit to grant, and 3 G IV. 418 THE HISTORY OF THE SUFFERINGS [BOOK 111. ^ Many things might be noticed in it. 1 It appears to be formed very agree¬ ably to the maxims and politics of France and Rome, and mutatis mutandis , the phra- by our (Sovereign authority, prerogative royal, and absolute power, which all our subjects are to obey without reserve, do hereby give and grant our royal toleration, to the several pro¬ fessors ot the Christian religion afternamed, with, and under the several conditions, restric¬ tions and limitations after mentioned. In the first place, we allow and tolerate the moderate presbyterians, to meet in their private houses, and there to hear all such ministers, as either have, or are willing to accept of our indulgence allenarly, and none other, and that there be not any thing said or done contrary to the well and peace ot our reign, seditious or treasonable, under the highest pains these crimes will im¬ port ; nor are they to presume to build meeting¬ houses, or to use out-houses or barns, but only to exercise in their private houses, as said is. In the meantime, it is our royal will and plea¬ sure, that field-conventicles, and such as preach or exercise at them, or who shall anywise assist or connive at them, shall be prosecuted accord¬ ing to the utmost severity of our laws made against them, seeing, from these rendezvouses of rebellion, so much disorder hath proceeded, and so much disturbance to the government, and for which, after this our royal indulgence for tender consciences, there is no excuse left. In like manner, we do hereby tolerate Quakers, to meet and exercise in their form, in any place or places appointed for their worship. And considering the severe and cruel laws made against Roman catholics (therein called papists) in the minority of our royal grandfather, of glorious memory, without his consent, and con¬ trary to the duty ot good subjects, by his re¬ gents, and other enemies to their lawful sove¬ reign, our royal great-grandmother, queen Mary, of blessed and pious memory, wherein, under the pretence of religion, they clothed the worst of treasons, factions, and usurpations, and made these laws, not as against the enemies of God, but their own ; which laws have still been continued of course, without design of execut¬ ing them, or any of them, ad terrorem only, on supposition, that the papists, relying on an ex¬ ternal power, wei'e incapable of duty and true allegiance to their natural sovereigns, and right¬ ful monarchy. . We, of our certain knowledge, and long experience, knowing that the catholics, as it is their principle to be good Christians, so it is to be dutiful subjects, and that thev have likewise, on all occasions, shown themselves good and faithful subjects to us, and our royal predecessors, by hazarding, and many of them, actually losing their lives and fortunes, in their defence (though of another religion), and the maintenance of their authority, against the vio¬ lences and treasons of the most violent abettors of these laws, do therefore, with advice and consent of our privy council, by our sovereign authority, prerogative royal, and absolute power aforesaid, suspend, stop, and disable all laws or acts ot parliament, customs or constitutions, made or executed against any of our Roman ca¬ tholic subjects, in any time past, to all intents and purposes, making void all prohibitions I seology pretty much chimes in with the revocation of the edict of Nantz. It is the utmost stretch of absolute power, and obe¬ dience, without reserve, is required and therein mentioned, pains or penalties therein or¬ dained to be inflicted, so that they shall, in all things, be as free, in all respects, as any of our protestant subjects whatsoever, not only to exer¬ cise their religion, but to enjoy all offices, bene¬ fices and others, which we shall think fit to be¬ stow upon them in all time coming: neverthe¬ less it is our will and pleasure, and we do hereby command all catholics, at their highest pains, only to exercise their religious worship in houses or chapels, and that they presume not to preach in the open fields, or to invade the protestant churches by force, under the pains aforesaid, to be inflicted upon the offenders respectively, nor shall they presume to make public processions in the high streets of any of our royal burghs, under the pains above mentioned. And whereas the obedience and service of our good subjects is due to us by their allegiance, and our sove¬ reignty, and that no law, custom or constitu¬ tion, difference in religion, or other impediment whatsoever, can exempt or discharge the sub¬ jects from their native obligations and duty to the crown, or hinder us from protecting and employing them, according to their several capa¬ cities, and our royal pleasure, nor restrain us from conferring heritable rights and privileges upon them, or vacuate or annul these rights he¬ ritable when they are made or conferred : and likewise considering, that some oaths are capable of being wrested by men of siuistrous inten¬ tions, a practice in that kingdom, fatal to reli¬ gion, as it was to loyalty, do therefore, with ad¬ vice and consent aforesaid cass, annul, and dis¬ charge all oaths whatsoever, by which any of our subjects are incapacitated, or disabled from holding places or offices in our said kingdom, or enjoying their hereditary rights and privileges, discharging the same to be taken or given in any time coming, without our special warrant and consent, under the pains due to the contempt of our royal commands and authority; and, to this effect, we do, by our royal authority afore¬ said, stop, disable, and dispense with all laws enjoining the said oaths, tests, or any of them, particularly the first act of the first session of the first parliament of king Charles II. the eleventh act of the foresaid session of the fore- said parliament, the sixth act of the third par¬ liament of the said king Charles, the twenty- first and twenty-fifth acts of that parliament, and the thirteenth act of the first session of our late parliament, in so far allenarly as con¬ cerns the taking the oaths or tests therein prescribed, and all others, as well not men¬ tioned as mentioned, and that, in place of them, all our good subjects, or such of them as we, or our privy council shall require so to do, shall take and swear the following oath allenarly. “ 1, A. 13. do acknowledge, testify, and declare, that James VII. by the grace of God, king of Scotland, England, France and Ireland, defend¬ er of the faith, &c. is rightful king, and supreme governor of these realms, and over all persons therein, and that it is unlawful for subjects, on any pretence, or for any cause whatsoever, to rise in arms against him, or any commissionated CHAP. XI.] OF THE CHURCH OF SCOTLAND. 419 expected. The toleration to presbyterians to meet in private houses, is only to mod¬ erate presbyterians, and to such as are willing- to accept of the indulgence, dis¬ charging them to meet in barns or meeting¬ houses, with a renewal of all the severities against preaching in the fields ; and quakers are very amply tolerated, since not a few of the leading men among them were in close friendship with the jesuits. But any body who reads the proclamation, will see the favour in this indulgence is designed by him, and that I shall never so rise in arms, nor assist any who shall so do, and that I shall never resist his power or authority, nor ever oppose his authority, to his person, as I shall answer to God, but shall to the utmost of my power, assist, defend, and maintain him, his heirs and lawful successors, in the exercise of their absolute power and authority', against all deadly'. So help me God.” And seeing many of our good subjects have, before our pleasure, in these matters, was made public, incurred the guilt appointed by the acts of parliament above mentioned, or others, we by' our authority, and absolute power, and prerogative royal above mentioned, of our certain knowledge, and innate mercy, give our ample and full indemnity to all those of the Roman catholic or popish religion, for all things byr them done contrary to our laws or acts of parliament, made in any time past, relating to their religion, the worship and exer¬ cise thereof, or for being papists, jesuits, or traf¬ fickers, for hearing or saying of mass, concealing of priests, or jesuits, breeding their children catholics, at home or abroad, or any other thing, rite or doctrine, said, performed, or maintained by them, or any of them, and likewise for hold¬ ing or taking of places, employments, or offices, contrary to any law or constitution, advices given to us, or our council, actions done, or generally any thing performed or said against the known laws of that our ancient kingdom ; excepting always from this our royal indemnity, all murders, assassinations, thefts, and such like other crimes, which never used to be compre¬ hended in our general acts of indemnity. And we command and require all our judges, or others concerned, to explain this in the most ample sense and meaning acts of indemnity at any time have contained ; declaring this shall be as good to every one concerned, as if they had our royal pardon and remission under our great seal of that kingdom. And likewise indemnifying our pro- testant subjects, from all pains and penalties due for hearing or preaching in houses, provid¬ ing there be no treasonable speeches uttered, in the said conventicles, by them, in which case the law is only to take place against the guilty, and none other present, providing also that they re¬ veal to any of our council the guilt so committed ; as also excepting all fines, or effects of sentences already given. And likewise indemnifying fully and freely all Quakers, for their meetings and worships, in all time past, preceding the dale of these presents, and we doubt not but our protestant subjects will give their assistance and concourse hereunto, on all occasions, in their respective capacities : in consideration whereof, cbieliy to papists, which name, it seems, the king does not like, and 1 will have them called Roman catholics. All the penal Ians against them are re¬ scinded, and a liberty granted them to have chapels, and a civil liberty, if I may call it so, to come into the best places of the king¬ dom. The test is abrogated, and a new oath enacted to be offered by the privy council to such as they indulge, and a full indemnity granted to papists, who had for¬ merly acted contrary to law, and a gracious and the ease those of our religion, and others, may have hereby, and for the encouragement of our protestant bishops, and the regular clergy, and such as have hitherto lived orderly, we think fit to declare, that it never was our principle, nor will we ever suffer violence to be offered to any man’s conscience, nor will we use force, or in¬ vincible necessity against any man on the ac¬ count of his persuasion, nor the protestant reli¬ gion, but will protect our bishops and other ministers in their functions, rights, and proper¬ ties, and all our protestant subjects in the free exercise of their protestant religion in the churches ; and that we will, and hereby promise, on our royal word, to maintain the possessors of church-lands formerly belonging to abbeys, or other churches of the catholic religion, in their full and free possession and right, according to our laws and acts of parliament, in that behalf, in all time coming; and we will employ indif¬ ferently all our subjects, of all persuasions, so as none shall meet with any discouragement on the account of his religion, but be advanced and es¬ teemed by us, according to their several capaci¬ ties and qualifications, so long as we find charity and unity maintained ; and if any animosities shall arise, as we hope in God there will not, we will show the severest effects of our royal displeasure against the beginners or fomenters thereof, seeing thereby our subjects may be de¬ prived of this general ease and satisfaction we intend to all of them, whose happiness, prosper¬ ity, wealth and safety is so much our royal care, that we will leave nothing undone which may procure these blessings for them. And lastly, to the end all our good subjects may have notice of this oqr royal will and pleasure, we do here¬ by command our lyon king at arms, and his brethren, heralds, macers, pursuivants, and mes¬ sengers at arms, to make timeous proclamation thereof at the market-cross of Edinburgh; and besides the printing and publishing of this our royal proclamation, it is our express will and pleasure, that the same be passed under the great seal of that our kingdom per saltum, with¬ out passing any other seal or register. In order whereunto, this shall be to the directors ot our chancellary, and their deputes for writing the same, and to our chancellor for causing our great seal aforesaid to be appended thereunto, a suf¬ ficient warrant. Given at our court at Whitehall, the twelfth day of February, 1(186-7, and of our reign the third year. By his majesty’s command, Melfojid. God save the King. 420 THE HISTORY OF THE SUFFERINGS [BOOK III. ^ assurance given by his majesty, that ne will not meddle with the church- lands, “ as long as people carry themselves right;” but when the king fiuds it conve¬ nient to think otherwise, caveat emptor ; and all this is ordered to pass the privy seal per saltum. I have waived making remarks upon this singular proclamation at auy length, that there might be room to refer the reader to a paper printed at this time, written by an able pen, which does fully expose it ; and it is added at the foot of the page.* * Some reflections on theforesaid proclamation. I. The preamble of a proclamation is oft writ in haste, and is the flourish of some wanton pen, but one of such an extraordinary nature as this is, was probably more severely examined. There is a new designation of his majesty’s authority, here set forth, of his absolute power, which is so often repeated, that it deserves to be a little searched into. Prerogative royal and sove¬ reign authority are terms already received and known, but for this absolute power, as it is a new term, so those who have coined it, may make it signify what they will. The Roman law speaks of princeps legibus solutus, and abso¬ lute, in its natural signification, importing the being without all ties and restraints ; then the true meaning of this seems to be, that there is an inherent power in the king, which can neither be restrained by laws, promises, nor oaths ; for nothing less than the being free from all these, renders a power absolute. II. If the former term seemed to stretch our allegiance, that which comes after it is yet a step of another nature, though one can hardly imagine what can go beyond absolute power, and it is in these words, “which all our subjects are to obey without reserve.” And this is the car¬ rying obedience many sizes beyond what the Grand Seignior has ever yet claimed ; for all princes, even the most violent pretenders to ab¬ solute power, till Lewis the Great’s time, have thought it enough to oblige their subjects to sub¬ mit to their power, and to bear whatsoever they thought good to impose upon them ; but till the days of the late conversions by the dragoons, it was never so much as pretended, that subjects were bound to obey their princes without reserve, and to be of his religion, because he would have it so, which was the only argument that those late apostles made use of; so it is probable this qualification of the duty of subjects was put in here to prepare us for a terrible le lloy leveut ; and in that case we are told here, that we must obey without reserve : and when those severe or¬ ders come, the privy council, and all such as execute this proclamation, will be bound, by this declaration, to show themselves more forward than any others, to obey u’ilhout reserve, and those poor pretensions of conscience, religion, honour, and reason, will be then reckoned as reserves upon their obedience, which are all now shut out. 11. These being the grounds upon which this proclamation is founded, we ought not only to The king’s letter and proclamation came to Edinburgh February 17th, and it was unanimously ordered in council, that to¬ morrow, February 18th, the proclamation consider what consequences are now drawn from them, but what may be drawn from them at any time hereafter : for if they are of force, to justify that which is now inferred from them, it will be fully as just to draw, from the same premises, an abolition of the protestant religion, of the rights of the subjects, not only to church- lands, but to all property whatsoever. In a word, it asserts a power to be in the king, to command what he will, and an obligation in the subjects, to obey whatsoever he shall com¬ mand. IV. There is also mention made, in the pre¬ amble of the ‘ Christian love and charity,’ which his majesty would have established among neighbours ; but another dash of a pen, founded on this absolute power, may declare us all here¬ tics ; and then in wonderful charity to us, we must be told, that we are either to obey without reserve, or to be burned without reserve. We know the charity of that church pretty well ; it is indeed fervent and burning ; and if we have forgot what has been done in former ages, France, Savoy, and Hungary, have set before our eyes very fresh instances of the charity of that religion. While those examples are so green, it is a little too imposing on us, to talk to us of ‘ Christian love and charity.’ No doubt his majesty means sincerely, and his exactness to all his promises, chiefly to those made since he came to the crown, will not suffer us to think an unbecoming thought of his royal intentions ; but yet after all, though it seems, by this proclama¬ tion, that we are bound to obey without resent, it is hardship upon hardship to be bound to be¬ lieve without reserve. V. There are a sort of people here tolerated, that will be very hardly found out, and these are the moderate presbyterians. Now, as some say that there are very few of those people in Scot¬ land that deserve this character, so it is hard to tell what it amounts to ; and the calling any of , them immoderate, cuts off all their share in this grace. Moderation is a quality that lies in the mind, and how this will be found out, I cannot so readily guess. If a standard had been given of opinions or practices, then one could have known how this might have been distinguished ; but as it lies, it will not be easy to make the discrimination; and the declaring them all im¬ moderate shuts them out quite. VI. Another foundation laid down for re¬ pealing all laws made against the papists, is, that they were enacted in. king James VI. ’s minority, with some harsh expressions, that are not to be insisted on, since they show more the heat of the penner than the dignity of the prince, in whose name they are given out ; but all these laws were ratified over and over again by king James, when he came to be of full age ; and they have received many confirmations by king Charles I. and king Charles II. as well as by his present majesty, both when he represented his brother in the year 1681, and since he himself came to the crown ; so that whatsoever may be said concerning the first formation of those )u\ys they have received now for the course of a whole CHAP. XI.] OF THE CHURCH OF SCOTLAND. 421 should be published at the cross. The counsellors, who were heartily protestant, did not concur in this matter, and absented. Accordingly, this was done with great so¬ lemnity, and demonstrations of joy ; and no wonder the papists were ele¬ vated, since they had no such footing given them since the reformation. hundred years, that are lapsed since king James was of full age, so many confirmations, that if there is any thing certain in human government, we might depend upon them; but this new coined absolute power must carry all before it. VII. It is also well known, that the whole settlement of the church lauds and tithes, with many other things, and more particularly the establishment of the protestant religion, was likewise enacted in king James s minority, as well as those penal laws i so that the reason now made use of, to annul the penal laws, will serve full as well for another act of this absolute power that shall abolish all those ; and if maxims that unhinge all the securities of human society, and all that is sacred in government, ought to be looked ou with thejustest and deepest prejudices possible, one is tempted to lose the respect that i3 due to every thing that carries a royal stamp upon it, when he sees such grounds made use of as must shake all settlements whatsoever ; for if a prescription of 120 years, and confirma¬ tions reiterated over and over again these 100 years past, do not purge some defects in the fiist formation of those laws, what can make us se¬ cure ? But this looks so like a fetch of the French prerogative law, both in their processes with re¬ lation to the edict of Nantz, and those concein- ing dependences at Mentz, that this seems to be a copy from that famous original. VIII. It were too much ill nature to look into the history of the last age, to examine on what grounds those characters of pious and blessed, given to the memory of queen Mary aie built; but since king James’s memory has the character of glorious given to it, if the civility due to the fair sex makes one unwilling to look into the one, yet the other may be a little d'ye t on. The peculiar glory that belongs to king James’s memory, is, that he was a prince o great learning, and that he employed it chiefly iu writing for his religion. Of the volume in folio, in which we have his works, two-thirds are against the church of Rome ; one pai t o them is a commentary on the revelation, proving that the pope is antichrist ; another part of them belonged more naturally to his post and dignity, which is the warning that he gave to all the princes and states of Europe, against the tiea- sonable and bloody doctrines of the papacy- The first act he did when he came of age, was to swear in person, with all his family, and af terwards with all his people of Scotland, a co¬ venant containing an enumeration of all the points of popery, and a most solemn renuncia¬ tion of them, somewhat like our parliament test. His first speech to the parliament of Eng¬ land was copious on the same subject : and he left a legacy of a wish on such of his posterity as should go over to that religion, which in good manners is suppressed. It is known, king James was no conqueror, and that he made more use of his pen thau his sword : so the glory that is peculiar to his memory, must fall chiefly on his learned and immortal writings : and since there is such a veneration expressed for him, it agrees not ill with this, to wish that his works were more studied by those who otter such incense to his glorious memory. IX. His majesty assures his people of Scot¬ land, upon his certain knowledge and long expe¬ rience, that the catholics, as they are good Chris¬ tians, so they are likewise dutiful subjects . but if we must believe both these equally, then we must conclude severely against their being good Christians ; for we are sure they can never be good subjects, not only to an heretical prince, but even to a catholic prince, if he does not ex¬ tirpate heretics ; for their beloved council of the Lateran, that decreed transubstantiation, has likewise decreed, “ that if a prince does not ex¬ tirpate heretics out of his dominions, the pope must depose him, and declare his subjects ab¬ solved from their allegiance, and give his domin¬ ions to another so that even his majesty, how much soever he may be a zealous catholic, yet cannot be assured of their fidelity to him, unless he has given them secret assurances, that he is resolved to extirpate heretics out of his dominions, and that all the promises which he now makes to these poor wretches, are no othei way to be kept, than the assurances, which the great Lewis gave to his protestant subjects, of his observing still the edict of Nantz, even after he had resolved to break it, and also his last pio- mise made in the edict that repealed the edict of Nantz, by which he gave assurances, that, no violence should be used to any for theii ieligiou, in the very time that he was ordering all possi¬ ble violences to be put in execution against them. ,, X. His majesty assures us, that on all occa¬ sions the papists have showed themselves good and faithful subjects to him and his royal prede¬ cessors ; but how absolute soever the king s power may be, it seems his knowledge of history is not so absolute, but it may be capable of some improve¬ ment. It will be hard to find out what loyalty they showed on the occasion of the gunpowder plot, or during the whole progress of the rebel¬ lion of Ireland. If the king will either take the words of king James of glorious memory-, or king Charles I. that was indeed of pious and blessed memory, rather than the word of the penners of this proclamation, it will wi ne hard to find occasions where they were a little wanting in this their so much boasted loyalty : and we are sure, that by the principles of that religion, the king can never be assured of the fidelity of those he calls his catholic subjects, but by engaging to them to make his heretical sub¬ jects sacrifices to their rage. XI. The king declares them capable of all the offices and benefices which he shall think fit to bestow on them, and only restrains them from invading the protestant churches by force - ^ that here a door is plainly opened for admitting them to the exercise of their religion m protes¬ tant churches, so they do not break into them bv force ; and whatsoever may be the sense of the term benefices in its ancient and first signi¬ fication, now it stands only tor church pietei- 422 THE HISTORY OF THE SUFFERINGS LROOK III. Upon the 24th of February, the 1687 r . J council make a return to the king-, acquainting him of their obedience, and resolutions to prosecute the ends of his ments, so that when any churches, that are at the king’s gift, fall vacant, here is a plain inti¬ mation, that they are to be provided to them ; and then it is very probable, that all the laws made against such as go not to their parish churches, will be severely turned upon those that will not come to mass. XII. His majesty does in the next place, in virtue of his absolute power, annul a great many laws, as well those that established the oaths of allegiance and supremacy, as the late test, enact¬ ed by himself in person, while he represented his brother : upon which he gave as strange an essay to the world of his absolute justice in the attainder of the late earl of Argyle, as he does now of his absolute power in condemning the test itself; he also repeals his own confirmation of the test, since he came to the crown, which he offered as the clearest evidence that he could give of his 'resolution to maintain the protestaut reli¬ gion, and by which he gained so much upon that parliament, that he obtained every thing from them that he desired of them, till he came to try them in the matters of religion. This is no extraordinary evidence to assure his people, that his promises will be like the laws of the Medes and Persians, which alter not; nor will the disgrace of the commissioner that enacted that law, lay this matter wholly on him ; for the letter that he brought, the speech that he made, and the instructions which he got, are all too well known to be so soon forgotten. And if princes will give their subjects reason to think, that they forget their promises, as soon as the turn is served for which they were made, this will be too prevailing a temptation on the sub¬ jects to mind the prince’s promise as little as it seerns he himself does, and will force them to conclude, that the truth of the prince is not so absolute as it seems he fancies his power to be. XIII. Here is not only a repealing of a great many laws, and established oaths and tests, but by the exercise of the absolute power a new oath is imposed, which was never pretended to by the crown in any former time; and as the oath is created by this absolute power, so it seems the absolute porver must be supported by this oath, since one branch of it is an obligation to maintain his majesty and his lawful successors in the ex¬ ercise of this their absolute power and authority against all deadly , which I suppose is Scotch fin- mortals. Now to impose so hard a yoke as this absolute power on the subjects, seems no small stretch ; but it is a wonderful exercise of it, to oblige the subjects to defend this: it had been more modest, if they had been only bound to bear it, and submu to it. But it is a terrible thing so far to extinguish all the remnants of natural liberty, oY of a legal government, as to oblige the subjects by oath, to maintain the exer¬ cise of this, which plainly must destroy them¬ selves ; for the short execution by the bow¬ strings of Turkey, or by sending orders to men to return in their heads, being an exercise of this absolute power, it is a little hard to make meu swear to maintain the king in it: and if that kingdom has suffered so much by the many oaths royal proclamation. They give their opin¬ ion for the incoming of papists to places of trust, and thank the king for his royal word, to maintain their church and religiou that have been in use among them, as is marked in this proclamation, I am afraid this new oath will not much mend the matter XIV. Yet after all, there is some comfort; his majesty assures them, he will use no vio¬ lence nor force, nor any invincible necessity to any man on the account of his persuasion : it were too great a want of respect to fancy, that a time may come, in which even this may be re¬ membered, full as well as the promises that were made to the parliament after his majesty came to the crown. I do not, I confess, apprehend that ; for I see here so great a caution used in the choice of these words, that it is plain, very great severities may very well consist with them : it is clear, that the general words of violence and force are to be determined by these last of in¬ vincible necessity; so that the king does only pro¬ mise to lay no invincible necessity on his subjects ; but for all necessities, that are not invincible, it seems they must expect to bear a large share of them : disgraces, want of employments, fines and imprisonments, and even death itself are all vincible things to a man of a firmness of mind : so that the violences of torture, the furies of dragoons, and some of the methods now prac¬ tised in France, perhaps may be included with- i in this promise ; since these seem almost invin¬ cible to human nature, if it is not fortified with an extraordinary measure of grace : but as to all other things, his majesty binds himself up from no part of the exercise of his absolute power by this promise. XV. His majesty orders this to go immedi¬ ately to the great seal, without passing through the other seals. Now since this is counter¬ signed by the secretary, in whose hands the sig¬ net is, there was no other step to be made but through the privy seal ; so I must own, I have a great curiosity of knowing his character in whose hands the privy seal is at present; for it seems his conscience is not so very supple as the chancellor’s and the secretary’s are : but it is very likely, if he does not quickly change his mind, the privy seal at least will very quickly change its keeper; and 1 am sorry to hear, that the lord chancellor and the secretary have not another brother to fill this post, that so the guilt of the ruin of that nation may lie on one single family, and that there may be no others involved in it. XVI. Upon the whole matter, many smaller things being waived, it being extreme unpleas¬ ant to find fault, where one has all possible dis¬ positions to pay all respect, we here in England see what we must look for. A parliament in Scotland was tried, but it proved a little stub¬ born ; and now absolute power comes to set all right ; so when the closetting has gone round, so that noses are counted, we may perhaps see a parliament here, but if it chances to be unto¬ ward, and not to obey without reserve, then our reverend judges will copy from Scotland, and will not only tell us of the king’s imperial power, but will discover to us this new mystery of ab¬ solute power, to which we are all bound" to obey without reserve. CHAP. XL] OF THE CHURCH OF SCOTLAND. 423 established by law, believing that to be the best security they can have. This submis¬ sive answer, with the names of the mem¬ bers signing' it, deserves a room in the notes.* O O ' * Council's Answer to the King, February 24 th, 1687. May it please your most sacred majesty, Your majesty’s commands are exactly obeyed, your royal proclamation is printed and publish¬ ed, by which your majesty hath given a further evidence of your favour and goodness to all your subjects. And we are hopeful, that by your majesty’s extraordinary acts of mercy to some, who have been too ready on many occasions to abuse the clemency of your royal predecessors, they will be at last convinced what they owe to so gracious a king; and if any shall be still so obstinate as to make any wrong use of your ma¬ jesty’s goodness, we do unanimously assure your majesty, that we will maintain and assert your royal prerogatives and authority with the hazard of our lives and fortunes ; and all of us shall in our several capacities do our utmost, that your government may be easy to all whom your ma¬ jesty thinks worthy of your protection. We are very willing that your majesty’s subjects who are peaceable and loyal, may be at ease and se¬ curity, notwithstanding of their profession and private worship, and do conceive, that such of them as are, or shall be employed by your ma¬ jesty in offices of trust, civil or military, are suf¬ ficiently secured by your majesty’s authority and commission for their exercising the same ; we return your majesty our most humble thanks, forgiving us your royal word for maintaining the church and our religion, as it is now established by law, and rest satisfied, believing your ma¬ jesty’s promise to be the best and greatest se¬ curity we can have. We are, May it please your majesty, Your majesty’s most humble, most faithful, and most obedient subjects and servants, Edinburgh, Feb. 24 th, 1686-7. Signed by the earl of Perth lord high chancel¬ lor, the lord archbishop of St Andrews, the lord archbishop of Glasgow elect, the lord marquis of Athol lord keeper of the privy sea), the duke of Gordon, the lord marquis of Douglas, the earl of Linlithgow, the earl of Dunfermline, the earl of Strathmore, the earl of Lauderdale, the earl of Southelk, the earl of Traquair, the earl of Airlie, the earl of Balcarras, the lord viscount of Tarbet, the lord viscount of Strathallan, the lord Livingstone, the lord Kinnaird, Sir George Lockhart of Carnwath lord president, of the ses¬ sion, Sir John Dal rymple younger of Stair lord advocate, Sir James Fowlis of Colinton lord justice clerk, Sir John Lockhart of Castlehill one of the senators of the college of justice, lieutenant general James Douglas, Sir Andrew Ramsay of Abbotshall, major general John Graham of Claverhouse, and Andrew Wauchop of Niddrv. And his majesty’s said privy council having ordered, that the said letter should afterwards be signed by such of the counsellors as were not then present; it was accordingly signed at Westminster by the earl of Murray, and the earl of Melford, principal secretaries of state for the said kingdom, the earl of Arran, the earl of Drumlanrig, the earl of Winton, the earl of Seafort, the earl of Ancrum, aud the earl of Dumbarton. And in this black list, who do them- i 00*7 selves the honour to prefer the word 1 of a papist, for the security of our holy re¬ formation, to the best laws almost ever pro- testants enjoyed, the reader will observe our two archbishops in the front. The duke of Hamilton, and earls of Panmure and Dun- donald, among the counsellors, did them¬ selves the real honour to refuse to sign this letter. The duke gave his reasons to the king, and was a person of too great consequence in the country to disoblige altogether, and therefore he is continued cum nota ; but the other two noblemen are turned out from the council, as the reader will perceive from the king’s answer to this letter, which being but short, and never printed that I know of, I insert here. “ Right trusty, &c. We greet you well. The last expressions of your duty to us in your letter of the 24th of February, were very acceptable ; in return whereof, we give our hearty and royal thanks to all of you, that concurred there¬ in, to whom, upon all occasions, we will be. ready to show our royal favours. And though we have thought tit, upon consideration of duke Hamilton his promise for the future, and for other reasons known to us, to suspend our present resentments for his carriage ; yet we will not have you to believe that we are satisfied therewith : neither will we delay to testify our displeasure against others in circumstances somewhat less favourable ; and therefore wc do hereby lay aside, from that our council, the earls of Panmure and Dundonald, whereof you are hereby authorised and required to make in timation to them respectively. We do approve your resolution, to keep a copy of your letter, to be signed by all our privy council there; and we have ordered the principal to be offered to all here, who have most dutifully signed the same. We do recommend to you to take care that there be no disorder, nor that any of the presbyte- rians be suffered to preach, except such only as shall have your allowance for the same, and that they at the receiving of the said indulgence, shall take the oath contained in our proclama¬ tion, dated February 12th last. So soon as you shall have a return from all our counsellors, of their signing or refusing to sign your letter, you are forthwith to give us an account of those who shall refuse, to the end that we may signify our further pleasure concerning them. For which this shall be your warrant. Given at Whitehall, the first of March, 1687.” By this letter we have a farther discov¬ ery, that no benefit was designed by this THE HISTORY OF THE SUFFERINGS [BOOK III. 424 proclamation for presbyterians, and this puts the matter, which was for¬ merly debatable, out of question, and re¬ quires them to take the foresaid oath, which the king- and managers were .fully apprised no presbyterian minister would take. And thus the papists, and quakers, if they could come in to any oaths, stand alone enjoying the benefit of the king’s moderation and good intentions. Whether it was to gratify the quakers, or to quiet the clamour, and still the fears of a great many upon this barefaced com¬ ing in of popery, or to gratify duke Hamil¬ ton a little, and such as he had influence upon, or for what reason, I know not; but the king by his letter to the council of the 31st of March, gives this matter a new turn, makes some more concessions, and smoothes things a little. I have added it in a note.* Therein the king signifies, that in his letter March 1st, when he spake of presbyterian preachers being obliged to take the oath, he meant “ such of them as did not take the test, or any other oath which is a silly stretch and offcome, for never one of them had taken the test, * King's letter to the council, March 31st» 1687, or the second toleration. James R. Right trusty and right well-beloved cousin and counsellor, right trusty and right well-beloved counsellors, right trusty and entirely beloved cousins and counsellors, right trusty and right well-beloved cousins and counsellors, right trusty and well-beloved cousins and counsellors, right trusty and well-beloved cousins and counsellors, right trusty and well-beloved counsellors, and trusty and well-beloved counsellors, we greet you well. Whereas by our letter of the first day of this instant, amongst other things, we did recommend unto you to take care, that any of the presbyterians should not be allowed to preach, but such only as should have your al¬ lowance for the same ; and that they, at receiv¬ ing the indulgence therein mentioned, should take the oath contained in our proclamation, bearing date the twelfth day of February last past ; these are therefore to let you know, that thereby we>meant such of them as did not for¬ merly take the test, or any other oath ; but if nevertheless, the presbyterian preachers do scruple to take the said oath, or any other oath whatso¬ ever, and that you shall find it reasonable or fit to grant them our indulgence, so as they desire it upon these terms ; it is now our will and pleasure, and we do hereby authorise and re¬ quire you to grant them, or any of them, our said indulgence, without being obliged to take or swear the oath in our said proclamation men¬ tioned, or any other oath whatsoever, with neither was it once supposed they would. And now he allows tire council, if they think fit, to indulge them without taking the said oath. All this was transacted without the least share of any presbyterian, or application from ministers of that per¬ suasion. And the kingf and his servants were entirely left to cut and carve as they saw good, the suffering ministers resolving not to move till providence should clear their way. And in this shape not one of them fell in with this indulgence. Thus stood matters in Scotland for some months ; the papists had all the liberty they could expect, and the Presbyterians were not a whit better in their circumstances ; when the king, to carry on his projects in England, and prepare matters for what he had in view, gives a full and ample lib¬ erty to all his subjects to exercise their religion, and serve God in their own way, publicly or privately. Accordingly, April 4th, his “ Declaration for liberty of conscience-’ is published, which, that the reader may have a view of what was done in Eng¬ land in the matter I am upon, I have like¬ wise annexed at the bottom of the page.f power unto them, or any of them respectively, to enjoy the benefit of the said indulgence, (dur¬ ing our pleasure only) or so long as you shall find that they behave themselves regularly and peaceably, without giving any cause of offence to us, or any in authority and trust under us in our government. For doing whereof these presents shall be to you and them, and all others respectively, who may be therein respectively any way concerned, a sufficient warrant. And so we bid you heartily farewell. Given at our court at Whitehall, the thirty- first day of March 168f, and of our reign the third year. By his majesty’s command, Melford. t King's declaration for liberty of conscience in England, April 4th, 1687. James R. It having pleased almighty God, not only to bring us to the imperial crown of these king¬ doms through the greatest difficulties, but to preserve us by a more than ordinary providence i upon the throne of our royal ancestors, there is nothing now that we so earnestly desire, as to establish our government on such a foundation, as may make our subjects happy, and unite them to us by inclination as well as duty; which we think can be done by no means so effectually, as by granting to them the free exercise of their religion for the time to come, and add that to the perfect enjoyment of their property, which CHAP. XI.] OF THE CHURCH OF SCOTLAND. 4 25 Abundance was written in England, pro t ter, Slater, Cox, Rosewet, Turner, Frankilin, Deal, and Reynolds,waited upon the king with an address of thanks, which hath been many times printed, with and con upon this subject. I shall only further notice, that nine of the presbyterian ministers at London, Messrs Hurst, Ches- bas never been in any case invaded by us since our coming to the crown : which being the two things men value most, shall ever be preserved in these kingdoms, during our reign over them, as the truest methods of their peace and our glory. We cannot but heartily wish, as it will easily be believed, that all the people of our do¬ minions were membersofthe Catholicchurch, yet we humbly thank almighty God, it is, and hath of long time been our constant sense and opinion, (which upon divers occasions we have declared) that conscience ought not to be constrained, nor people forced in matters of mere religion ; it has ever been directly contrary to our inclination, as we think it is to the interest of government, which it destroys by spoiling trade, depopulat¬ ing countries, and discouraging strangers; and finally, that it never obtained the end for which it was employed ; and in this we are the more confirmed by the reflections we have made upon the conduct of the four last reigns ; for after all the frequent and pressing endeavours that were used in each of them, to reduce this kingdom to : an exact conformity in religion, it is visible the success has not answered the design, and that the difficulty is invincible. We therefore, out of our princely care and affection unto all our lov¬ ing subjects, that they may live at ease and quiet, and for the increase of trade, and encouragement of strangers, have thought fit, bv virtue of our royal prerogative, to issue forth this our declara¬ tion of indulgence, making no doubt of the con¬ currence of our two houses of parliament, when we shall think it convenient for them to meet. In the first place we declare, that we will protect and maintain our archbishops, bishops, and clergy, and all other our subjects of the church of England, in the free exercise of their religion, as by law established, and in the quiet and full enjoymentof all their possessions, with¬ out any molestation or disturbance whatsoever. We do likewise declare, that it is our royal will and pleasure, that from henceforth the execu¬ tion of all, and all manner of penal laws in matters ecclesiastical, for not coming to church, or not receiving the sacrament, or for any other nonconformity to the religion established, or for, or by reason of, the exercise of religion in any manner whatsoever, be immediately sus¬ pended ; and the further execution of the said penal laws, and of every of them is hereby sus¬ pended. And to the end that by the liberty hereby granted, the peace and security ot our government in the practice thereof, may not be endangered, we have thought fit, and do hereby straitly charge and command all our loving subjects, that as we do freely give them leave to meet and serve God after their own way and manner, be it in private houses or places pur¬ posely hired or built for that use ; so that they take special care, that nothing be preached or taught amongst them, which may any ways tend to alienate the hearts of our people from us or our government, and that their meetings and assemblies be peaceably, openly, and publicly held, and all persons freely admitted to them ; IV. and that they do signify and make known to some one or more of the next justices of the peace, what place or places they set apait for those uses. And that all our subjects may en¬ joy such their religious assemblies, with greater assurance and protection, we have thought it requisite, and do hereby command, that no dis¬ turbance of any kind be made or given unto them, under pain of our displeasure, and to be further proceeded against with the uttermost severity. And for as much as we are desirous to have the benefit of the service of all our loving subjects, which by the law of nature is insepar¬ ably annexed to, and inherent in our royal per¬ son, and that none of our subjects may for the future be under any discouragement or disabili¬ ty, (who are otherwise well inclined and fit to serve us) by reason of some oaths or tests, that have been usually administered on such occa¬ sions : we do hereby further declare, that it is our royal will and pleasure, that the oaths com¬ monly called, “the oaths of supremacy and alle¬ giance,’’ and also the several tests and declara¬ tions mentioned in the acts of parliament made m the 25th and 30th years of the reign of our late royal brother king Charles II. shall not at any time hereafter be required to be taken, declared, or subscribed by any person or persons whatso¬ ever, who is or shall be employed in any office or place of trust, either civil or military, under us or in our government. And we do further declare it to be our pleasure and intention, from time to time hereafter, to grant our royal dis¬ pensations under our great seal to all oui loving subjects so to be employed, who shall not take the said oaths, or subscribe or declare the said tests or declarations in the above-mentioned acts, and every of them. And to the end that all oui loving subjects may receive and enjoy the fud benefit and advantage ot our gracious indulgence hereby intended, and may be acquitted and dis¬ charged from all pains, penalties, forfeitures, and disabilities by them or any of them incurred oi forfeited, or which they shall or may at any time hereafter be liable to, for or by reason ot their nonconformity, or the exercise of their religion, and from all suits, troubles, or distui- bances for the same : we do hereby give our free and ample pardon unto all nonconformists, re¬ cusants, and other our loving subjects, for all crimes and things by them committed or done contrary to the penal laws formerly made re¬ lating to religion, and the profession or exeicise thereof. Hereby declaring, that this our royal pardon and indemnity shall be as good and effec¬ tual to all intents and’ purposes, as it every indi¬ vidual person had been therein particularly named, or had particular pardons under our great seal, which we do likewise declare shall from time to time be granted unto any person or persons desiring the same : willing and requir¬ ing our judges, justices, and other officers, to take notice of and obey our royal will and pleasure herein before declared. And although the free¬ dom and assurance we have hereby given in re¬ lation to religion and property, might be suffi¬ cient to remove from the minds of our loving 3 H 426 THE HISTORY OF THE SUFFERINGS [BOOK III. the king-’s answer thereto; wherein 1687 . ^ . . . with what sincerity, his practice afterward will best discover. He declares, It hath been his judgment of a long time, that none has or ought to have any power over the conscience, but God, and solemnly pro¬ tests before God, he had no other design in his declaration, but the easing and pleasing his subjects, and restoring to God the power over conscience.’ I doubt not but this declaration in Eng¬ land very much paved the way for the third and more ample indulgence in Scot¬ land. Matters were going on here as be- fore, except that presbyterian ministers here and there, as they had occasion, without accepting the indulgence, ventured, where invited, to preach in private families. The dissenting ministers in England having fal- len in with their unclogged liberty, and the clamour being raised in Scotland, that all the king’s favours wrere showed to papists, and presbyterian ministers refusing to ac¬ cept of a liberty with the former clogs, the king, for reasons known to himself, and without any application from the presby¬ terian ministers or their friends, saw good to cast the liberty in more general terms, and not to connect it with that to papists, nor restrict them to private houses, or clog his favour with oaths. Thus a proclama¬ tion comes out, dated at London, June 28th, and at Edinburgh, July 5th, which I have insert as a note.* * This paper will best subjects all fears and jealousies in relation to either ; yet we have thought fit further to de¬ clare, that we will maintain them iri all their pro¬ perties and possessions, as well of church and abbey-lands, as in any other their lands and pro¬ perties whatsoever. Given at our court at Whitehall, the fourth day of April, one thousand six hundred and eighty seven, in the third year of our reign. By his majesty’s special command. * Proclamation, June 28th and July 5th, 1687, or the third toleration. James VII. by the grace of God, king of Scot¬ land, England, France, and Ireland, defender of the faith, &c. To all and sundry our good subjects whom these presents do or may concern, greeting. Whereas by our royal proclamation of the date the 12th day of February, 1686-7, we were graciously pleased for the causes, and on the terms therein mentioned, to grant our royal toleration to the professors of the Christian religion therein named, with, and under certain restrictions and limitations; all whjoh are in speak for itself, and I shall make but very few remarks upon it. Instead of the choking clauses in that of February 12th, it is de¬ clared, all restrictions there are taken off. the said proclamation more at length expressed : we now, taking into our royal consideration the sinistrous interpretations, which either have, or ,may be made of some restrictions therein men¬ tioned, have thought fit by this our royal procla¬ mation, further to declare, that we will protect our archbishops and bishops, and all our subjects of the protestant religion, in the free exercise of their protestant religion, as it is by law estab¬ lished, and in the quiet and full enjoyment of all their possessions, without any molestation or disturbance whatsoever. And we do likewise by our sovereign authority, prerogative royal, and absolute power, suspend, stop, and disable, all penal and sanguinary laws, made against any for nonconformity to the religion established by law, in that our ancient kingdom, or for ex¬ ercising their respective worships, religions, rites, and ceremonies; all which laws are hereby stopt, suspended, and disabled to all intents and purposes. And to the end, that by the liberty thereby granted, the peace and security of our government in the practice thereof, may not be endangered, we have thought fit, and do hereby straitly charge and command all our loving sub¬ jects, that as we do give them leave to meet and serve God after their own way and manner, be it in private, houses, chapels, or places purposely hired or built for that use, so that they take care that nothing be preached or taught among them, which may any ways tend to alienate the hearts of our people from us or our government, and that their meetings be peaceably, openly, and publicly held, and all persons freely admitted to them, and that they do signify and make known to some one or more of the next privy counsel¬ lors, sheriffs, Stewarts, bailies, justices of the peace, or magistrates of burghs royal, what place or places they set apart for these uses, with the names of the preachers. And that all our subjects may enjoy such their religious as¬ semblies with greater assurance and protection, we have thought fit, and do hereby command, that no disturbance of any kind be made or given until them, under pain of our royal displeasure, and to be further proceeded against with the utmost severity; provided always, that their meetings be in houses, or places provided for the purpose, and not in the open fields, for which now after this our royal grace and favour shown (which surpasses the hopes, and equals the very wishes of the most zealously concerned) there is not the least shadow of excuse left; which meetings in fields we do hereby strictly prohibit and forbid, against all which we do leave our laws and acts of parliament in full force and vigour, not¬ withstanding the premises; and do further com¬ mand all our judges, magistrates, and officers of our forces, to prosecute such as shall be guilty of the said field conventicles or assemblies, with the utmost rigour, as they would avoid our highest displeasure; for we are confident none will, after these liberties and freedoms we have given to all, without reserve, to serve God in their own way, presume to meet in these assemblies, except such as make a pretence of religion, to cover their treasonable designs against our royal person. CHAP. XL] OP THE CHURCH OF SCOTLAND. 427 And the king- begins with a promise to maintain the free exercise of the protestant religion. Next, “ by his sovereign author¬ ity, and prerogative royal, and absolute power, he suspends, stops, and disables all penal and sanguinary laws, for nonconfor¬ mity to the religion established by law.” Where I shall take the liberty to observe, that this dispensing power in the king, though it must be abominate by all who value liberty, property, and real religion, and although in the design of its exercise, no doubt, it was aimed at the ruin of our refor¬ mation, for the introducing of popery, and for no real favour to presbyterians, though it had anil the peace of our government. And lastly, to the end all our good subjects may have notice of this our royal will and pleasure, we do hereby command our lyon king at arms, and his bre¬ thren, heralds, inacers, pursuivants, and messen¬ gers at arms, to make timeous proclamation thereof at the market-cross of Edinburgh : and besides the printing and publishing ot this our royal proclamation, it is our express will and pleasure, that the same be passed under our great seal of that our kingdom per saltum, without passing any other seal or register. In order whereunto, these shall be to the directors of our chancellary and their deputes, lor writing the same, and to our chancellor, for causing our great seal aforesaid to be appended thereunto, a sufficient warrant. Given at our court at Windsor, the twenty- eighth day of June, one thousand six hundred and eighty-seven, and of our reign the third year. By his majesty’s command, Melford. Edinburgh, July bth, 1687. Present in council, James earl of Perth lord high chancellor, John lord archbishop of Glasgow, the lord mar¬ quis of Athole privy seal, duke of Hamilton, duke of Gordon, earl of Arran, earl of Lin¬ lithgow lord justice-general, earl of Dun¬ fermline, earl of Strathmore, earl of Lau¬ derdale, earl of Southesk, earl of Airly, lord viscount Tarbet, lord viscount Strathallan, lord Livingstone, lord president of ses¬ sion, lord advocate, lord justice-clerk, lord Castlehill, general-lieutenant Douglas, Niddry. The above-written proclamation from his most sacred majesty, being read in his privy council of Scotland, was, in pursuance of his majesty’s royal commands, ordered to be pub¬ lished with all due solemnities. Extracted forth of the records of his majesty’s council, by me Sir William Paterson, clerk to his majesty’s most honourable privy council. Win. Paterson. God save the king. that effect, yet the king and his bro- ^ ther owed this power in Scotland to the prelates, and the introduction of that corruption into this church, and were by the parliament vested with this arbitrary and exorbitant power, to order all things relative to external government and policy of the church, and consequently had an¬ other claim such as it was, under the colour of the then law, to grant such a liberty to presbyterians, and rescind the penal laws against them, yea, even to have restored presbyterian government, without concur¬ rence of parliament, than for what I know the laws of England allowed in that king¬ dom. And although the parliament last year had refused to concur with the king in the full extent of his design, for remov¬ ing the penal laws against papists, no bar was laid in his way as to protestants. Those things 1 only take notice of as an historian, leaving to others the dispute as to the lawfulness of accepting this favour, and how far it could be reckoned an ap¬ probation of the king’s unlawful dispensing power as to papists. Further in the pro¬ clamation, the king grants liberty to all his subjects, to serve God after their own way and manner, in private houses, chapels, or houses purposely built or hired for the purpose, and requires that nothing be preached, or taught, that may alienate the hearts of people from him or his govern¬ ment ; and that the meetings be peaceably, openly, and publicly held, and all persons freely admitted to them ; and the names of the places and preachers are to be given in to the next magistrate. All disturbance to such meetings is discharged, and field-meetings are most severely prohibited, and ordered to be prosecuted with the utmost rigour. This liberty was fallen in with by almost all the presbyterian ministers in the king¬ dom, and brought a great and general relief to multitudes who were yet in prisons, and under other hardships for conscience sake. And most part of the presbyterian ministers, who had retired to other countries, or were banished, in a little time returned to Scot¬ land. I know of no presbyterians declined the benefit of this liberty, save Mr Renwiclc and his followers. The presbyterian minis- 428 THE HISTORY OF THE SUFFERINGS [BOOK III. ters from the different parts of the 1 687 . 1 " ' country met at Edinburgh about the twentieth of July, and agreed to accept the benefit of this toleration ; and after some reasoning1, and different sentiments about addressing the king, which some were averse tinto, a considerable number of them went into the following address, July 21st, which was signed by some at the desire of the rest. This I have added as a note.* And about the same time the inhabitants of the presbyterian persuasion in Edinburgh and * The presbyterian ministers’ address of thanks, July 21 st, 1687. May it please your majesty, We, your majesty’s most loyal subjects, the min¬ isters of the presbyterian persuasion, in your an¬ cient kingdom of Scotland, from the deep sense we have of your majesty’s gracious and surpris¬ ing favour, in not only putting a stop to our long sad sufferings for nonconformity, but granting us the liberty of the public and peaceable exer¬ cise of our ministerial function, without any hazard ; as we bless the great God, who hath put this in your royal heart, do withal find our¬ selves bound in duty, to offer our most humble and hearty thanks to your sacred majesty, the favour bestowed being to us, and all the people of our persuasion, valuable above all our earthly comforts ; especially since we have ground from your majesty to believe, that our loyalty is not to be questioned upon the account of our being presbyterians ; who, as we have, amidst all for¬ mer temptations, endeavoured, so are firmly re¬ solved still to preserve an entire, loyalty in our doctrine and practice, (consonant to our known principles, which, according to the holy scrip¬ tures, are contained in the Confession of Faith, generally owned by presbyterians, in all your majesty’s dominions) and, by the help of God, so to demean ourselves, as your majesty may find cause rather to enlarge, than to diminish your favours towards us ; throughly persuad¬ ing ourselves, from your majesty’s justice and goodness, that if we shall at any time be otherwise represented, your majesty will not give credit to such information, until you take due cognition thereof: and humbly beseeching, that those who promote any disloyal principles and practices, (as we do disown them) may be looked upon as none of ours, whatsoever name they may assume to themselves. May it please your most excellent majesty, graciously to accept this our humble address, as proceeding from the plainness and sincerity of loyal and thankful hearts, much engaged by this your royal favour, to continue our fervent pray¬ ers to the King of kings, for divine illumination and conduct, with all other blessings, spiritual and temporal, ever to attend your royal person and government; which is the greatest duty can be rendered to your majesty by Your majesty’s most humble, most faithful, and most obedient subjects. Subscribed in our own names, and in the names of the rest of the brethren of our persuasion, at their desire. the Canongate, drew up and signed another address to the king, thanking him for this liberty so surprisingly granted them, which 1 have likewise added at the foot of the page.f The address of the ministers is very cautiously worded, and that from the inhabitants a little more florid. At that time some exceptions were made against it in conversation, as containing a little too much from presbyterians to a popish prince, and some reflections have been since made upon it, which I shall presently consider. In my opinion, neither of the addresses are f Address of the inhabitants of Edinburgh and Canongate, 1687. May it please your most sacred majesty, We cannot find suitable expressions to evidence our most humble and grateful acknowledg¬ ments, for your majesty’s late gracious declara¬ tion, by which we are happily delivered of many sad and grievous burdens we have long groaned under, and (all restraints, to our great joy, being taken off) are allowed the free and peaceable public exercise of our religion, a mercy which is clearer to us than our lives and fortunes. Could we open our hearts, your majesty would undoubtedly see what deep sense and true zeal for your service, so surprising and signal a fav¬ our hath imprinted on our spirits ; for which we reckon ourselves highly obliged (throwing ourselves at your majesty’s feet) to return your most excellent majesty our most humble, duti¬ ful, and hearty thanks; and we desire humbly to assure your majesty, that as the principles of the protestant religion, which, according to our Confession of Faith, we profess, obligeth us, all the days of our lives, to that entire loyalty and duty to your majesty’s person and government, that no difference of religion can dissolve; so we hope, and, through God’s assistance, shall still endeavour to demean ourselves in our prac¬ tice, in such manner as shall evidence to the world, the truth and sincerity of our loyalty and gratitude, and make it appear, that there is no inconsistency betwixt true loyalty and pres¬ byterian principles. Great Sir, we humbly of¬ fer our dutiful and faithful assurances, that as we have not been hitherto wanting in that great duty, which our consciences bind upon us to pray for your majesty, so this late refreshing and unexpected favour, will much more engage us in great sincerity, to continue still to offer up our desires to the God of heaven, by whom kings reign, and princes decree justice, to bless your royal majesty’s person and government, and, after a happy and comfortable reign on earth, to crown you with an incorruptible crown of glory in heaven, which is most ardently prayed for, by Most dread sovereign, Your majesty’s most humble, most loyal, most dutiful, and most obedient subjects. Subscribed in our own names, and by order of the citizens and inhabitants of the presbyterian persuasion, within your city of Edinburgh and Canongate. CHAP. XI.] OF THE CHURCH OF SCOTLAND. to be reckoned the deed of the body of presbyterians in Scotland ; but whatever in them is praise or blame worthy, is the proper fact of the signers of them. This is plain as to the address from the inhabitants ; and the meeting of ministers was not by delegation from the rest in Scotland, neither any judicatory, but an occasional meeting, wherein every one acted as he saw good, and withdrew when not satisfied : so that it is not worth while to dip into the dust raised against those addresses by Mr Ren- wick and his party. Good numbers of ex¬ cellent and worthy persons, joined in them as what they thought lawful and necessary at this juncture ; and supposing the hypo¬ thesis upon which they acted, the lawful¬ ness of owning a popish prince, in the peaceable exercise of the government, though he had not taken the coronation oath, yet peaceably and generally subjected to by the nation ; it may be asked, what could they say less than they do, upon sup¬ position, they made any return at all ? I should have said no more upon this head, were it not that some years ago, when a toleration was desired to Scots prelatists, one of the Jacobite party saw good to re¬ print the “ address of the inhabitants of Edinburgh and the Canongate,” with some remarks stuffed with pitiful reason¬ ings, and some gross lies, which deserve here a little to be exposed. The remarker pretty openly professeth himself a Jacobite, and by his plain dealing that way, discovered what every body now may see verified in fact, “ That a toleration to Scots prelatists was only necessary to promote the interests of jacobitism and popery, and to strengthen a party who plainly owned a foreign juris¬ diction.” This was at bottom of the toler¬ ation sought 1703, when the remarks I am considering were made, and the project broken by the vigorous efforts made by the commission of the general assembly, and the wisdom and steady conduct of the late duke of Argyle and others, in parliament. The same game was playing more openly upon the change of the queen’s excellent ministry in the year 1711, when the tolera¬ tion was granted to the prelatical party ; and it must be acknowledged by all at this junc¬ ture, (1715,) though some years after some 429 people may have the impudence to deny it, that the tolerated meeting- house party, have openly joined the pretender in the present unnatural rebellion. That the reader may have the fuller view of this, I will take the liberty to insert here the copy of a letter taken off the original, written by one of our own exauctorate bishops, or their clergy, to a Scots gentle¬ man highly episcopal in his profession, who had qualified in order to serve in parliament 1708, which very providentially came at that time into the hands of a reverend min¬ ister of this church, who did me the favour to communicate it. And being, for what I know, in the hands of very few, I shall add it here as what gives a plain view of the spirit of the prelatic party, and how deeply they were in the pretender’s interest, and wherein the scheme of the toleration then (1703,) desired, is pretty much opened out. Though this be a digression, yet I doubt not but it will be agreeable to several of my readers, and the rather that I have some ground to think, this might be the concert of that party, and a model according to which letters were written to their staunch friends, the new converts and oath-takers in that parliament. “ Sir, “ As we count it a good omen that one of your principles and temper comes to be member of parliament ; so the expectation we have of your acting your part in that capacity, gives us a re¬ viving to our almost fainting hopes. Your lay¬ ing aside and refusing allegiance during the late reign, was sufficient proof of your loyalty to our rightful king, and affection to our ancient apos¬ tolical government of episcopacy : we are there¬ fore obliged to believe that your present compli¬ ance doth not proceed from any change of prin¬ ciple, but from a good intention of serving the interest of the royal family, by restoring our banished prince to his due right, and our dis¬ tressed clergy to their former power and splen¬ dour. We hope you are fully satisfied that those are inseparable interests. Ihe same blow waited the ministry and the crown. Ihe king could not be dethroned, but by turning out our rever¬ end fathers, and abolishing our episcopal order. We have now suffered fourteen years’ affliction for our loyalty and religion under a prevailing presbyterian faction, which is a weed never thrives but in time of rebellion and disorder. The Relgic tiger is now happily .removed, and halcyon days begin to dawn. You have now 430 THE HISTORY OF THE SUFFERINGS f BOOK III. an opportunity put in your hand of 168/. giving a turn to the affairs of a dis¬ tempered church and nation, that they may again run in the right channel ; nor will friends be wanting in both nations to give encouragement to so great a work ; but there is prudence and discretion to be used in our management of it at such a juncture. ihe house of lords in England have put a sad re¬ mora in our way, by carrying on the Hanove¬ rian succession, and it will take some time to re¬ trieve that unhappy step ; and I judge it will not be expedient to touch in the first place the point of succession, or to declare openly for our righteous heir ; but our parliament of Scotland will readily follow that of England. For though our queen may favour her brother more than a stranger, and if cherished with fair promises during her life, may thereby be the more inclin¬ able to do justice to an injured prince; yet it will be inconvenient directly to impugn her pre¬ tended right ; but if our loyal government of episcopacy were first by law established, it would be a promising step to the “right settlement of the throne.” And this you may the more easily appear for, and effectuate, seeing our queen’s in¬ clinations in this matter are sufficiently known.. Yet this is also to be managed with much cau¬ tion ; for an abolishing of presbytery, and re¬ storing of episcopacy in spite of the claim of right would be a bold attempt. For though that traitorous claim of right might be fairly rescinded if our righteous king were upon the throne, as being only erected in a time of rebellion and confusion, yet it cannot well be done by a parlia¬ ment called in our queen’s name, without a di¬ rect impeaching of her authority, or subverting her pretended right to the crown, which is wholly founded upon that contentious claim ; but the members must be first sounded, and a just computation of our strength taken, and some previous steps made. Such as restoring of patron¬ ages, and granting us an indulgence, with liberty to possess churches and benefices, and this will undoubtedly make way for an entire re-establish- ment of our “ancient apostolic government of bishops for our queen having right as patron in a great many churches, she will still prefer those of our persuasion unto others ; and the rest of the laical patrons, partly through inclina¬ tion, and partly through interest, to please her majesty, will follow her example. Or if ye attempt the demolishing of presbytery, and restitution of episcopacy, you would not presently impeach the whole claim of right, but only that clause that declares episcopacy an insupportable grievance. But I will not take upon me to prescribe methods. We have good friends at court, who will wisely lay down the surest way for advancing our interest. I shall only entreat, you may follow your measures. We are obliged to you for the contrivance of the queen’s letter to the council, which hath animated all our party, and hath not a little enoouraged our meet¬ ing-houses. We build much upon the L. an¬ swer to our address, and the good reception our commissioners met with. We take it as a testi¬ mony of my lord chancellor’s affection, that he interrupted and suddenly dissolved the late as¬ sembly. Our affairs will succeed apace if our friends act their part in the ensuing parliament. And the truth is, unless our parliament do more for us, what has been hitherto done will avail but little : for though we are at indefatigable pains in establishing meeting-houses, wherever we can have access, yet we will not be able to hold out long, if we get not possession of the churches. The people whom we engage, with all our power, to continue in our meetings, will soon forsake us, if a burden of our subsistence be laid upon them. Expecting your zeal and stead¬ fastness for a good old cause, and relief of the 1 oppressed clergy, I remain in all duty, Your most humble servant.” From this letter we have a fair view of the projects of that party, who cried so much for a toleration, and published the remarks to which I return again. The author of them, by a pitiful pun, will have the addressers to be the greatest Jacobites, and taking this for certain, challenges them why they fell in with the revolution in less than two years. We see he enjoys the comfort of their being fellow-slaves with him only for a short time. Next he asks, with assurance enough, “ since no differ¬ ence of religion could dissolve their loyalty and duty all the days of their life, how came it to he dissolved in less than two years ?” I t is not my business to defend the expression in the address ; perhaps one as good might have been used : hut the re¬ marker’s question may be very soon an¬ swered. According to the principles of the addressers, the precise difference in reli¬ gion, and the king’s being a papist, w as not the reason of their falling off from him in so short a space. Had the king kept by his engagement in this very proclamation they are just now thanking him for, “ to preserve and maintain the free exercise of the pro- testant religion,” they would sincerely have continued in their loyalty to him, notwith¬ standing his difference in religion :* but * “ James and his historian Macpherson would CHAP. XL] OF THE CHURCH OF SCOTLAND. 431 when instead of this, he was violently running into the utter extirpation of our reformation, when palming upon them a pretended child of his, and openly overturning civil liberty, and when he had taken the guilt of all upon him by running away, the case altered migh¬ tily. What he next alleges, that they thanked the king for “going over the belly of law, and declaring” (he should have said, exer¬ cising,) “ his absolute power,” is what, I sup¬ pose, the addressers would flatly deny. And besides what hath been just now sug¬ gested upon this head, they were of opin¬ ion the penal laws against them were ini¬ quitous in their nature, and injurious in their execution, and did not reckon the suspension ot such laws, by one in the peaceable possession of the government, any exercise of absolute power homologated by them, more than robbery is homologate, by a man’s receiving back his own money from the robber, who had violently taken it from him. But what follows chiefly led me to make those obvervations. The au¬ thor, after he had taken notice that the addressers gratefully acknowledge their being delivered from many sad and griev¬ ous burdens, adds, I know no burden they groaned under upon the account of reli¬ gion; for the doctrine, worship, and cen¬ sures, (he will not call it discipline, for in¬ deed the prelatists had little of this) were very much the same under prelacy as pres¬ bytery, and only differed a little as to the government, which does not so much con¬ cern the laics ; was it not a sad burden to them, to live quietly and peaceably under episcopal protestancy ? I cannot persuade myself but the author knew some burdens presbyterians were under for religion, else he hath been a great stranger in Scotland ; but none know so little as these who will not see. Now the world knows part of them from the preceding work, and I hope we shall have no more such assertions in print. I shall not dip into many differences persuade us that nothing more than a toleration was intended tor papists. Why then did he not acquiesce in a repeal of the penal laws to which the prince (of Orange) would have as- ■ Fhe repeal of the tests, in which he was indexible, could have no object but to throw the government into the hands of the papists, to effect achange of religion.” Laing, iv. p. 183. — Ed. might be assigned, even as to doc- ^ trine, worship, and discipline, under presbytery and prelacy. Giving, and not granting, the differences had been smaller O O' than indeed they were, the addressers reck¬ oned it no small burden, to have their scrip¬ tural, lawful, and beloved pastors torn from them and persecuted, and themselves forced in to receive word and sacraments, from men of the characters and qualities most of the present clergy were of, and to submit to a government, antiscriptural, and paving the way to popery. The remarker adds, “ In¬ deed a great many who called themselves presbyterians were fined, imprisoned, ban¬ ished, and executed, but for what ? never one of them was punished for being presby- terian, but for disobeying the laws of God and man, nature and nations, and particu¬ larly the laws and acts of parliament in this kingdom. Were they not punished for the crimes of treason, rebellion, plot¬ ting, sedition, murder, assassination, rob¬ bery, insurrection, refusing ‘ Cesar’ his due, &c.” It was this, and such scandalous lies, and impudent impositions upon the common sense and knowledge of thousands yet alive, in the episcopal writers, since the revolution, which in part engaged me in the toil of writing this history. And what is narrated in the former part of it, and fully vouched, will abundantly confute this vile calumny cast upon the sufferers of this period. I could go through every branch of this heap of slander he throws in bulk upon the sufferers since the restoration, but it would only be a repetition of what is set in a clearer light in the former part of this work ; so that those worthy persons stand in no need of this slanderer’s apology. Temporci mutantur , &c. But leaving those remarks, it may be more worth the reader’s while, to have some account of the improve¬ ment presbyterian ministers made of this liberty thus granted them. The meeting- of ministers at Edinburgh agreed upon several very good rules for their own practice, in their present cir¬ cumstances, which discover much of the solidity and prudence those worthy men were blessed with now, after they had come out of a long and fiery furnace. The curi¬ ous reader, I believe, will not blame me THE HISTORY OF THE SUFFERINGS [BOOK III. 1 for inserting them here, being a good specimen of the abilities of those ministers who framed them. “ Overtures for making the liberty practicable. “ 1. That all ministers who can conveniently meet together, associate themselves in the bounds of the presbyteries, where formerly they had their congregations, and if there be not a number alive, that can make up a competent meeting, that they of the adjacent presbyteries, or, if need and convenience be, all of the whole synod join together ; and that they take in amongst their number, such ministers of their persuasion, as providence hath cast to live in their bounds, until the Lord make way for their access, either to their own or other congregations, and also those whose charges have formerly been out of the nation. “ 2, That those meetings convene monthly, or more frequently, as the conveniency of the bounds, and the necessity of their affairs re¬ quires. “ 3. That every minister in those bounds sub¬ mit himself to his brethren, and that none set up a congregation by himself, without the advice of his brethren, and the desire of the people. “ 4. That no expectants without the bounds of the province, preach without acquainting some of the ministers of that bounds; and that no people invite any preachers, without acquaint¬ ing some of the ministers of the meeting. If they be strangers or expectants, they are to show their testimonials. “ 5. That all who have not been ordained to particular flocks, come to the respective meetings of their residence, and instruct their ordination ; and that henceforth none be ordained indefi¬ nitely. “6. That there be a list given in of all thepres- byterian ministers alive, and of all probationers, who are to instruct their licences. “ 7. That until ministers can have access to their own congregations, and be accommodated with meeting-houses and dwelling-places, they do, in places of their present residence, with the advice of their brethren, and invitation of the people, exercise their ministry, or continue to do so as formerly in their families. “ 8. That the respective meetings be careful to recommend to people, the hearing and calling of fit and qualified persons, and that special regard be had to such suffering ministers, as cannot have access to their own congregations. “ 9. That it be recommended to the respective meetings, to take narrow inspection of the whole bounds, and employ their brethren or expectants, for supplying the people with preaching, and call for help where need is, from ministers and expectants, from other provinces, and that they encourage young men in their studies, keep the rules of the assemblies in their trials, and or¬ dain them upon calls from congregations. “ 10. That the respective meetings give their advice, and concur with the people for setting up of meeting-houses in the most convenient places, especially considering, that one house may be useful for the people of divers adjacent congregations; and it cannot be expected, that there can be as many meeting-houses as par¬ ishes, especially in the country. “ 11. That associate meetings take a prudent way to get the concurrence and countenance of persons of quality, for the furtherance of the gospel, have with them ruling elders, set up elderships where they are not, choose moderators and clerks, keep registers of their proceedings, behaving themselves humbly and gainingly to¬ ward all those of other persuasions. “ 12. That ministers in their respective meet¬ ing-houses lecture as formerly, preach, if able, twice every Lord’s day, and week days ; and, if they can conveniently, exercise discipline, and endeavour to have knowledge of all who are subject unto them, be frequent in catechizing as the great mean of edification, and obviating error, prepare the people for the sacrament, and administer the same so soon as they can conve¬ niently, seeing it hath been so long in desuetude, cause to set up family-worship, and exhort to seeking of God in secret, keep session-books, and registers of baptisms, and marriage, and collec¬ tions for the poor. ‘‘ 13. That ministers in their respective bounds, choose two delegates or more, one of five, and if fewer, but one, and if but one, that that one come to attend the public meetings, as they shall be called pro re nala, bring with them a ruling elder ; and that every meeting corres¬ pond as formerly with the adjacent provinces. “ 14. That where there is not a constitute eldership among those of a meeting house, who design to call a minister, the respective minis¬ ters of the bounds, send some of their number to constitute an eldership, with the advice of heads of families belonging thereunto, that the calling and settling of the minister there may be the more orderly. “15. That in supplying of meeting-houses, and planting of ministers, special regard be had to the noblemen’s residences, and considerable congregations. “ 16. That special care be taken that Edin¬ burgh, which is the chief city of the nation, where courts and judicatories, and persons ot greatest quality reside, and which hath been most useful to suffering persons in these sad times, be specially regarded and provided with able, experienced, and godly men ; and in the meantime, while ministers can be got to them in an orderly way, by transportation or other¬ wise, the respective ministers of the bounds. CHAP. XI.] OF THE CHURCH OF SCOTLAND. 433 carefully provide them with the most able of those whom providence hath trysted to reside in the bounds. “ 17. That where a parish is in a capacity to give encouragement to a presbyterian minister, where their old minister is alive, who was their called minister at the time of the change, that he be obliged to return to them, and they to adhere to him. “ 18. That care be taken, in meekness and love, to reclaim all persons, preachers, nr others, who have stepped aside in the hour of tempta¬ tion, and day of darkness, especially those who are given to wild courses. « 19. That ministers who shall be settled in meeting-houses, carry abstractly, inoffensively, and unconcernedly, as to their own main¬ tenance, that the world may see that it is not our own things, but the concerns of Christ Jesus we have before our eyes. “ 20. That preachers forget not to pray for our dread sovereign, his consort and the royal family, and persons in authority. “21. That unity, harmony, and love be enter¬ tained among ourselves, and former taken of¬ fences be covered with the mantle of charity, and not noticed, except where there is matter of just and unquestionable offence to be removed, which is to be done by the respective meetings in the most prudent way. “ 22. That the respective meetings set apart days for prayer and humiliation among them¬ selves. “ 23. That the respective meetings choose their delegates the first day of their meeting, to be in readiness to come to Edinburgh the firstWednes- day of October next, or sooner, if advertised by the brethren of the province of Edinburgh. “24. That doubles of the letters condescended on by this meeting, to be sent to congregations and ministers abroad in foreign parts, be trans¬ mitted to the respective meetings, to be made use of by them as the import requires. The last of those overtures brings me to the letter this same meeting agreed upon to be sent through the different congrega¬ tions, where there was any room for it ; and it savours so much of a gospel and healing spirit, that it deserves a room here, and I give it from one of the original let¬ ters in my hand, signed by Mr Andrew Morton, moderator of the meeting.” “ Dearly beloved friends in Christ, “ The ministers of the gospel, who have been here occasionally together, to consider of the im¬ provement we are called to make of the signal and unexpected mercy God hath been pleased to bestovy on this poor afflicted church, by putting IV. it into the heart of the king, to grant unto us the free and peaceable exercise of our )l •' ministry, so long denied to us, and the benefit thereof to you, having compassion upon the un¬ settled condition of the people, and considering what sad inconveniences they have been under, the many and great snares they have been ex¬ posed unto, through the want of the fixed in¬ spection of their faithful pastors and guides ; and not doubting but a great many are longing and thirsting after the same, have thought it their duty, unanimously to concur in stirring up and encouraging those holy desires in you, that you may lay hold on the present opportu¬ nity for obtaining the sincere milk of the word, and somewhat of these benefits you have been so long deprived of ; beseeching you in the bowels of our Lord Jesus Christ, that laying aside all heats and animosities, mutual jealousies and suspicions, you may be perfectly joined together in one mind and one heart, to promote this ne¬ cessary work of your own and others’ edifica¬ tion and salvation ; and therefore that such of you as want pastors, do seek in the most orderly way to be furnished with them, and such as have them yet alive in the kingdom, do call and encourage them home to their proper work, sub¬ jecting yourselves to their ministry ; and those whose pastors are without the kingdom, do also use all diligence to call them home to you, en¬ deavouring to have all obstructions removed out of the way of their return. And to enforce the same the more, it is desired that this letter of ours he transmitted to them by you, with your invitation to your respective pastors, as a testimony of our unanimous and hearty concur¬ rence with you therein, and the joining of our earnest desires with yours for their speedy re¬ turn. Which, with your fervent prayers at the throne of grace, for the Lord’s being pacified, his gracious return, and making his face to shine both upon you and us, that the good pleasure of the Lord may prosper among our hands, is all at present recommended to you by “ Your affectionate friend in Christ, “ Subscribing at the desire of the ministers met at Edinburgh, July 21st, 1687. “ And. Morton.” From this letter and those overtures, the reader will have the best view of the improvement presbyterian ministers made of the liberty granted them, and the notion they had of it. For my share, I do not question but this liberty was designed for evil, but the Lord turned it about for good, and great good ; not only to the souls of many particular persons, but the interests of the church, and the advantage of the 3 i 434 THE HISTORY OF THE SUFFERINGS [BOOK III. nation as to our civil rights. The 1687 • D toleration was undoubtedly at first designed for papists ; and we have heard how, by a very open act of dispensing and absolute power, they got as much as they de¬ sired, and the presbyterians had not the least share.* So open a step in favours of popery, did alarm great numbers ; not only these no¬ blemen last year, turned out for their vigor¬ ous appearance in parliament, the earl of Dumfries, the lord Ross, and others named before, but duke Hamilton, the earls of Pan- mure and Dundonald, and others who had a great interest in the nation, began to have their eyes opened, and to take up the dan¬ ger their all was in. Matters were as ill as they could be as to papists, and that passed people’s power to help, for some time yet ; and where can the blame lie, that the re¬ mains of presbyterians should essay to recover what had been most unjustly torn out of their hands ; meanwhile, 1 cannot observe any active hand they had in seeking this liberty : yea, their expressions, “ the sudden and surprising nature of this favour,” they use in all their papers when they speak of it, seem to import it was unexpected and unasked; and probably it was given by the court to calm people’s spirits, and lull them asleep, till some more favourable opportunity offered to ruin the reformation entirely. It is plain, that the presbyterian ministers fall in with the favour done them, with the wisdom of the serpent joined to the harm¬ lessness of the dove, and so as to prevent the mischief designed thereby. As long as it was connected with a liberty to papists in its promulgation, and until all the for¬ mer restrictions were taken off, they unan¬ * “ The Cameronians, who had renounced their allegiance to a tyrannical sovereign, acted consistently when the indulgence was ottered to them, and they boldly refused to take advantage of what had flowed from so polluted a source. They openly declared, that the sole design of the toleration was to secure the introduction of po¬ pery : they expressed just abhorrence of that absolute power by which the king dispensed with the fundamental laws of the kingdom ; and they continued to meet for divine worship in conven¬ ticles, setting at defiance those parts of the indul¬ gence which denounced vengeance against all who preached in the fields, and did not give se¬ curity for their loyalty.” Cook’s Hist. vol. III. p. 431. We cannot but admire the consistent heroism of these men, nowever we may lament imously rejected it; and when those were removed, they improved it, not only as a mere toleration to preach and worship God in their scriptural way, but as the taking off the cords they had been so long fettered with, and the opening of their prison doors ; and they come out and fall to their Master’s work in all the parts of it, like people at liberty, without any regard to the narrowness of the passage by which they escaped, and set up not only worship, but government and discipline, and make provision for planting the church, by en¬ couraging young students, licensing and ordaining them to congregations. Their judicatories meet, ministers are ordered back to their old charges, and every thing is done, as far as circumstances would allow, according to the plat-form of this church, and its privileges since the reformation, from the enjoyment of which they had been forcibly and very unjustly removed. Accordingly the synod of Glasgow and Ayr, met in a house at Glasgow, upon the 30th day of August this year, a good many of the members of it at the restoration being alive, and some few being added to their number, by ordination, to particular congre¬ gations upon the call of the people, even in the suffering times, as hath been observed. Mr William Violant was chosen moderator, and, among other things, took under their consideration the necessity of training up a good many hopeful youths, who had not the opportunity of public teaching, since they came from their philosophical studies in the university, in their theological studies, and by their act recommended the care of them to the late reverend and their occasional excesses. Those who wish to enter fully into the reasonings of the Camero¬ nians on this matter, may reap great advantage by a careful perusal of the “ Hind let Loose,” under the title of “ The sufferings of the last period.” — “ They,” i. e. the persecuting party, “ will be very easie for their accommodations, where they find the poor man beginning to faint, and hearken to their overtures, wherein they will grant him his life, yielding to him as cunning anglers do with fishes ; and to persuade him to some length in complying, they will offer conference sometimes or reasoning upon the point, to satisfie and inform his conscience, but really to catch him with their busked hook.” Hind, p. 207. ed. 1687.— Ed. CHAP. XI.] OF THE CHURCH OF SCOTLAND. 435 learned Mr James Wodrow. My relation is too near to that excellent person, to offer any character of him, and 1 may without being' mistaken, say, it is so savoury and recent in this church, that there is no need of it. For upwards of four years he had the care of a very numerous society of students of divinity, joined with the pastoral charge of a congregation in the city of Glasgow, and attended them in his own chamber five days in the week, explaining a system of divinity, presiding in theologi¬ cal disputes, and receiving preparatory ex¬ ercises and discourses from them during that time, tili he was called to the divinity chair, as professor of theology in the university of Glasgow, February 22d, 1C92. His scholars were very numerous during this interval, and the eighteen years he was di¬ vinity professor. At his much lamented death, September, 1708, I had the curiosity to look over the yearly rolls of his students, and it gave me no small satisfaction to find that there were near five hundred reverend ministers of this church, who had actually attended his divinity lessons, and been for some time under his care and inspection. A good many, since his death, might be added to that number, to say nothing of several English, and a great number of Irish students, who attended his lessons, and are useful for the Redeemer’s kingdom in our sister churches. In short, under this liberty a large seed was sown, and the foundations laid for the speedy, happy, and comfortable settlement of this church, at and since the revolution. Besides, the good providence of God ordered this breath¬ ing time to presbyterians, sensibly to pre¬ pare matters in Scotland, for the great turn at the never-to-be-forgotten revolution, and the nation’s delivery from slavery, as well as popery and prelacy. The hearty friends of liberty as well as religion, had occasions of being together, and strengthening one anoth¬ er’s hands, and preparing matters eventually lor what followed, though this was not, and could not be in their eye at the time, and far less was in the view of the court ; but this was every way the Lord’s doing, and the more of his hand, and the less of man’s was in it, the more “ wonderful it ought to be in our eyes.” Those remarks bring to my thoughts a passage which I cannot 1 omit in this history, and think it not im¬ proper to record in this place, as containing the sense and opinion of so great a judge of men and things, as the late king William of ever glorious memory, concerning this lib¬ erty I have been giving some account of. And I have it from the first hand, the per¬ son to whom the then prince of Orange did the honour to express his sentiments upon this head ; and 1 give it from a writ¬ ten account under his hand, where some¬ time after, as far as his memory served him, he set down the expressions which passed ; and he is very confident what follows were the prince’s words to him, for they left no small impression on his spirit at the time, and since. The reverend Mr Patrick War¬ ner, of whom above, had a call this year from the magistrates and inhabitants of the town and parish of Irvine, with an invita¬ tion from the ministers of that presbytery, to the pastoral charge of that congregation, sent over to Holland, where we left him since his last sufferings; and he finding clearness to return and exercise his ministry in Scotland, a lady of quality, the excellent countess of Sutherland, but lately deceased, being to wait on the princess of Orange, and knowing of Mr Warner’s designed return, asked his allowance to acquaint the princess, and to inquire if her highness had any commands to Scotland, which he could not but give. The return that most excel- lent princess was pleased to give to the lady, was to this effect, “ That the best service he and those of his character could do her, was to be earnest in their prayers to God in her behalf, that she might be kept firm and faithful to the true reformed religion ; that she knew his principles were not in all things agreeable to what she had been educated and brought up in ; but she assured him, she had a sincere love and kindness to all true protestants, and heart¬ ily wished, that a way might be fallen upon to take up their differences, and reconcile And she added, differences in some things, yet I have a tender sympathy with them, and am grieved for the severities that have been used toward that poor them among themselves, notwithstanding our 436 THE HISTORY OF THE SUFFERINGS [BOOK I1L persecuted people in Scotland, for their adhering' to their principles, which they thought themselves in conscience obliged to do, by virtue of their covenant; and were it in my power to remedy it, I would, and could never consent to any persecution upon that head.” Withal she signified, that it would not be amiss Mr Warner should wait upon the prince at the Hague before he went off. This he was not very forward to, but upon such an invitation, and all his friends urged him to it, he went to the Hague with one of them, w ho had acquain¬ tances there, and was brought to Mynheer Bentinck, who took his name, and that of the house where he lodged, and promised to send one to him, when it was most convenient to wait upon the prince. Ac¬ cordingly, about two or three days after, a servant came to Mr Warner’s lodsingfs about eight in the morning, and brought him to Monsieur Bentinck, and in a very little time he had access to the prince, in the large gallery at the Hague, all alone, in the end of November or beginning- of De- cember this year, when Mr Warner had not the least knowledge of a design (if it was yet formed) in his highness to go to England ; but, as every body did, looked upon the princess and him as nearest to the crown of Britain, upon king James’s demise without heirs, neither wras there any thing yet known of the pretended heir the king afterwards provided. After Mr Warner had kissed the prince’s hand, he acquainted his highness, that he had a call to return to Scotland, to exercise his ministry there, and reckoned it his duty to wait upon his highness, to know if there was any service he was capable of doing him in that country. The prince answered, “ He understood he was called home upon the liberty lately granted there ; but, said he, I can assure you that liberty is not granted from any favour or kindness to you, or your party, but from favour to papists, and to divide you among yourselves ; yet, I think, you may be so wise as to take the good of it, and prevent the evil designed, and instead of dividing, come to a better harmony among yourselves, when you have liberty to see one another, and meet freely toge¬ ther.” Mr Warner answered, he heartily wished it might be so, and for his part, he should not be wanting in his endeavours that it should be so. And took the liberty to add, “ That the presbyterians in Scotland are looked upon, and represented, as a very despicable and insignificant party ; and those who do so, take their measures from the appearances made at Pentland and Bothwell, or the like attempts, reckoning that the whole power and numbers of pres¬ byterians were there drawn forth and unit¬ ed ; but he could assure his highness, that the people who thus reckoned were mis¬ taken, for a great many in the nation, w'ho were firm presbyterians, were not fully satis¬ fied as to the grounds and manner of those risings, and did not join, and others were borne down with sore persecution ; but he was of opinion, that if Scotland were left to their free choice, of three parts two would be found presbyterians. We are,” continued he, “ indeed a poor persecuted party, and for many years under heavy sufferings, and have none under God to look to, for our help and relief, but your royal highness, upon the account of that relation you and the princess have to the crown. Your an¬ cestors formerly espoused the protestant interest when it was low, and had but few friends, and as they honoured God in ap¬ pearing for him, so God honoured them; your family increased both in dignity and power: and I nothing doubt (Mr Warner here remembers he spoke this with more than ordinary seriousness) that if the Lord now incline your highness’s heart to espouse his interest in Scotland, and befriend that poor persecuted people there, you shall never be a loser thereby, but therein as you honour God, so God will honour your highness.” To this the prince was pleased to answer, “ I have been educated in that persuasion, and hope to continue in it ; and I assure you, if ever it be in my power, I shall make the presbyterian church-government, the estab¬ lished church-government of that nation; and of this you may likewise assure your friends, as in prudence you shall find con¬ venient ; and because my wife has not been so bred, you may possibly be jealous of her, yet I can give you the same assurances for her, as for myself.” This account from the fountain the reader may entirely depend CHAP. XII.] OF THE CHURCH OF SCOTLAND. 437 upon, and I thought it deserved a room here, as containing’ the sense of so great a person upon this liberty, and his free and undisguised opinion of things in this time ; and it is a noble instance of that real kind¬ ness and heart-respect this excellent pair, to whom those last ages have no parallel, entertained toward the suffering presbyter- ians in Scotland, and their warm side to our reformation rights. The liberty thus granted, was greedily embraced by multitudes on the south side of Tay. Large and spacious meeting-houses were soon built in many of the towns through the west, south, and east of Scot¬ land, and even through the country par¬ ishes ; and all over those parts, and even in several places in the north, presbyterian ministers preached, and were settled upon the call of the people ; and the auditories of the episcopal clergy turned very thin, yea, in many places in the south and west, they had nobody to hear them save their own families. Likewise, the nobility and gentry, some of them of the highest rank in the kingdom, left the churches, and fre¬ quented the meeting-houses, this year and the following, as in Paisley, Leslie, Weems, Ormiston, Struthers, and other places ; and, which was more than all this, the min¬ isters in the meeting-houses were evidently countenanced from heaven, and very re¬ markable success attended their sermons under this liberty, and multitudes were con¬ verted, and many continued and edified. CHAP. XII. OF THE STATE OF MATTERS IN THE YEAR 1688, WHEN THE SUFFERINGS OF PRESBY¬ TERIANS ENDED, BY THE HAPPY AND GLOR¬ IOUS REVOLUTION. 1CSS ^°w ^be rea^er *s brought to the * last of these twenty and eight years, of black and heavy persecution I have un¬ dertaken the narrative of in this history ; and therein we find a stop put to the tide of blood in this period, with the public execu¬ tion of that good man Mr Renwick. There were likewise not a few other lesser sever¬ ities exercised through the kingdom. No small encroachments were made upon the toleration and liberty granted last year unto presbyterian ministers, who were disturbed in exercising their function, and some of them processed crim¬ inally, for their freedom in preaching against popery. Far greater hardships were projected, and the ruin of the whole reformation was hastening on, had not these been happily prevented, by the wonderful turn affairs took in the end of this year. I shall very briefly then take a view of wdiat hath come to my hand remarkable this year, and run through the procedure of the justiciary, and the public acts and proclamations of council, give a pretty full account of Mr Renwick’s sufferings, and the lesser hardships many other good peo¬ ple underwent, and take notice of some other remarkables this year, which will lead in more immediately to the happy re¬ volution in November. SECT. I. Of the procedure of the justiciary, and acts and proclamations of council this year , 1688. Since hitherto 1 have ordinarily begun my accounts of the different years, with the more public procedure of the managers, I shall follow the same order here. It is but little that offers from the criminal court ; from the council we shall meet with not a few proclamations, which I shall run through as they come in order of time, leaving some of their actings toward the end of the year, which are connected more directly with the revolution, to the last section. To begin with the criminal books ; upon the 6th of February, Philip Stanfield, son to Sir James Stanfield ofNewmills, was tried and condemned for the murder of his father. The process is printed, and I should not have mentioned it here, had it not been to take notice of one circumstance, which I have from several hands, and one of them present w hen this passage fell out. This profligate youth being at the university of St Andrews, a good many years before he committed this barbarous murder, came to a sermon in Kinlrel-closs, about a mile 438 THE HISTORY OF THE SUFFERINGS [ROOK III. from St Andrews, where Mr John | *(iSS' Welsh was preaching, and in his spite and mockery in time of sermon, threw somewhat or other at the minister, which ; hit him. The minister stopped, and said, he did not know who had put that public affront on a servant of Christ ; hut be who he would, he was persuaded, there would be more present at his death, than were hearing him preach that day, and the mul¬ titude was not small. This was accom¬ plished, and Mr Standfield acknowledged this in prison after he was condemned, and that God was about to accomplish what he had been warned of. Upon February 8th, Mr James Ren wick’s process came on before the justiciary ; but I am to leave it to a section by itself, where 1 shall give a larger account of it than yet, for what I know, hath been published. February 1 3th, the reverend Mr John Hardy, minister at Gordon, was tried for treason before the justiciary. The true ground of his process, was the freedom this worthy person took to preach against pop¬ ery, and the hazard thereof he represented those nations to be in : and it was designed for the terror of other presbyterian minis¬ ters, who spared not to warn their hearers of their hazard this way, and some of the episcopal ministers who showed themselves really concerned at this juncture, with our common danger of popery. Mr Hardy is indicted for treason, and seditious speeches, “ that he inveighed against that universal ease which his majesty hath given to his subjects, in matters relating to their con¬ science, and that he endeavoured to create jealousies and misapprehensions of the king, telling his hearers, they ought to be sorry, that others besides themselves enjoyed that freedom, and that no true presbyterian could consent that any others should have liberty of conscience, but those of their own persuasion ; and so is guilty of sedition and treason, and ought to be punished with death and confiscation of goods.” The lawyers in defence of the pannel, have very large reasonings upon the relevancy of the libel, and the extent of the words spoken by ministers in sermons, and their import in law. In the records those take up sev¬ eral sheets of paper. In short, still deny¬ ing the libel, they plead the known peace¬ ableness and loyalty of Mr Hardy, that under the usurpation he was very useful for levying men for the king’s service, under the earl of Glencairn, lord Kenmuir, and Middleton ; that he had since kept the church ; that the expressions in the libel must be proven copulative ; that hearers are not judges of the connection ot what ministers preach, many times; that the scope of his sermon at the time libelled did not run that way ; that he blessed the Lord for the indulgence granted ; that picked expressions in a minister’s sermon can never be admitted as relevant, other¬ wise ministers could be libelled for bias- | phemy, by one that only hears a part of scripture cited, as for instance Psal. 14. 1. The lords, by their interlocutor, find, that the speeches libelled do not infer the pains in the indictment; and so the process is dropped. i Upon the 1 7th of February, I find Sir George Mackenzie liis commission as king’s advocate is read, and Sir John Dalrymple is turned off. The reasons of this change I leave to the civil historians. And March 1st, the lord Harcass is turned out of the criminal court ; his case I think is in print. No more, needful in this history, offers from the criminal registers. The accounts of the procedure of the council will take me some longer time, and I can only give it from their printed pro¬ clamations, and other papers relative to the subjects of those come to my hand. When in the beginning of January the accounts were sent down from London of the queen’s being with child, so fond were our Scots council, not only of a popish prince, but of entailing popery and slavery upon those lands, that upon the 17th day of January, they appoint a day of public thanksgiving upon this account, and order it to be kept with prayers and thanksgivings in the diocese of Edinburgh, January 29th, and through the rest of the kingdom, Feb¬ ruary 19th. The act itself I have insert in a note.* Whether this day was solem- * Act, January 17//;, 168S, for a thanksgiving upon the queen's being with child. Since it hath pleased almighty God, the foun¬ tain of all life, by whom kings reign, and king- CHAP. XII.] OF THE CHURCH OF SCOTLAND. 439 nized with preaching, as well as prayer and thanksgiving, I have not learned. This was the way days of this nature used to be kept. But the proclamation takes no notice of this branch of the work of the day. The tolerated presbyterian ministers did not keep it, and it was well it was not imposed upon them, as far as I can observe in the act, at least they are not particularly specified. No doubt the popish meetings kept it with a peculiar pleasure. The suspicions of fraud in this matter were by this time not small. Upon the 27th of April, the king pub¬ lishes another declaration, for liberty of conscience in England. The kina' sianifies, “His conduct hath been such in all times, as ought to persuade all he was firm to his resolutions ; yet that easy people may not be abused by the malice of crafty men, he declares his intentions are not chanaed, since he issued his proclamation, April 4th, last year.” Which is insert, as we had it above, note page 424. And after the former declaration, he adds, “ ever since we granted this indulgence, it hath been our principal care doms are established, to grant unto the king’s most excellent majesty, fresh hopes of royal issue, by his most serene consort, our gracious queen Mary, who (through the great goodness and blessing of God) is now with child ; and considering, that the multiplying of the branches of the royal family, (especially issuing from our present sacred sovereign, James VII. under whose auspicious, wise, and clement government we enjoy so much prosperity, peace and plenty) is a most desirable blessing, a native support, and strengthening of the crown, and, by just con¬ sequence, a public blessing to this kingdom, tend¬ ing to the further security of the peace and happiness thereof; his majesty therefore, (at the humble and earnest desire, and by the advice of his privy council) hath thought fit upon this important occasion, to set apart, and appoint a time, for rendering devout and solemn thanks to God, for this great mercy and blessing, and for offering public and hearty prayers to his Divine Majesty, to bless and preserve the sacred person of our dread sovereign lord the king, to prosper his reign with honourable and glorious successes, aud to prolong his life, that he may see his child¬ ren’s children, aud his throne may be as the sun ; as also, that he may bless, preserve, and strengthen his royal consort the queen’s majesty, arid make perfect his work begun for her, may save and defend her from all dangers and evil accidents, that what she hath conceived, may be preserved and happily brought forth, to the joy of our sovereign lord the king, the further security of his crown, and the happiness and establishment of this kingdom. For the end, his majesty, with advice foresaid, doth appoint and ordain, that the foresaid thanksgiving and prayers, be devoutly and solemnly performed, in all the to see it preserved without distinc¬ tion, as we are encouraged to do daily, 1 688‘ by multitudes of addresses from our subjects of all persuasions, the effects of which, we doubt not, our next parliament will show ; and that it is not in vain we have endeav¬ oured to establish liberty of conscience, on such foundation as will render it unalterable, and secure to all people the free exercise of their religion for ever. It is such a security we desire, without the burden and constraint of oaths and tests, which have been unhappily made by some governments, but never could support any; nor ought men to be advanced by such means, to offices and employments which should be the reward of fidelity, service, and merit.” He expects this will be much for the ad¬ vantage of trade, and plainly intimates he had turned out of places of trust, all who were not for this liberty ; and desires his people to consider their happiness under his government, and that now' during three years, he has not appeared to be w hat his enemies represented him ; calls the country to choose such members as will carry on parish-churches within the city and diocese of Edinburgh, upon the twenty-ninth day of Jan¬ uary instant, and in all the other churches within this kingdom, upon the nineteenth day of February next ; and his majesty accordingly requires and commands, the most reverend and right reverend, the archbishops and bishops, to take care, that in all the parish-churches within their respective dioceses, these prayers and thanksgivings be accordingly celebrate by all the ministers and presbyters under their jurisdiction, and that they cause intimation be made hereof, by reading of the same from the pulpits, in the several parish-churches, the Lord’s day imme¬ diately preceding the said solemn days of pub¬ lic thanksgiving, respective. And finally his majesty charges and commands all his loving subjects, heartily to join and concur in these religious and dutiful performances, as they would show their piety and loyalty, in praying for the life of the king, the increase of his royal issue, the further security of the crown, and the estab¬ lishment of peace and happiness in this his an¬ cient kingdom. And that these presents may be made public and known, his majesty ordains his lyon king at arms and his brethren, heralds, the macers of the privy council, and pursuivants, to pass to the market-cross of Edinburgh and other places needful, and there, by open pro¬ clamation, and with all accustomed solemnities on extraordinary occasions, make publication of the premises, that none may pretend ignorance. Extracted forth of the records of privy council, by Sir William Paterson, baronet, clerk of his majesty’s most honourable privy council. William Paterson, Cl. Seer. Concilii. God save the king. 440 THE HISTORY OF THE SUFFERINGS [BOOK III. what he hath begun for the next parliament, which he designs to hold November next. But he had other work put in his hand by that time. That things might correspond in Scot¬ land, a new proclamation is published there called the fourth indulgence, May 15th, which 1 have insert at the foot of the page.* * Procla?nntion, May 15 th, 1688, or the Fourth Indulgence. James R. James VII. by the grace of God, king of great Britain, France, and Ireland, defender of the faith, &c. To all and sundry our good subjects, whom these presents do or may concern, greet¬ ing. Since our accession to the throne of our roy¬ al ancestors, our chiefest care has been to procure the security, peace, and happiness of our subjects, by all the ways our paternal care of our people could suggest to us, especially by removing the pressures of penal laws, in matters of mere re¬ ligion, and forbidding all differencing oaths and tests, whose unreasonable weight hung heavy on us and our people, precluding both from our na¬ tive freedom and birth-right ; and this we did by our royal declaration, of the date 12th of Feb¬ ruary, 1687. In which declaration we were pleased, for the great and weighty causes and considerations therein mentioned, and by virtue of our sovereign authority, prerogative royal, and absolute power, so plainly acknowledged by several acts of parliament, and especially by the second act of our first parliament, to give and grant our royal toleration, to all the professors of the Christian religion therein named, and with and under certain conditions, restrictions, and limi¬ tations, judged by us for the time to be neces¬ sary ; requiring and expecting, that all our good subjects would give their assistance and con¬ course thereunto, on all occasions, in their re¬ spective capacities ; suspending, disabling, and stopping all penal law's, acts of parliament, cus¬ toms or constitutions, made or executed against dissenters, for matters of mere religion. And further, we did cass, annul, and discharge, all oaths whatsoever, by which any were disabled from holding places or offices, or enjoying their hereditary rights and privileges, discharging the same to be thenceforward given or taken, with¬ out our special warrant ; stopping, disabling, and dispensing, as well with all laws enjoining the said oaths arid tests, as with the other penal laws therein mentioned ; and declaring, that it never was our principle, nor would W'e suffer violence to be offered to any man’s conscience, or force to be used against any man, on the account of his persuasion ; and that we would employ indifferently, all our subjects of all persuasions, so as none should meet with any discourage¬ ment, on the account of his religion, but be ad¬ vanced and esteemed by us, according to their several capacities and qualifications, so long as we should find charity and unity maintained ; and if any animosities should arise, that then we would show the severest effects of our royal displeasure, against the beginners or fomenters thereof, see¬ ing thereby our subjects might be deprived of that general ease and satisfaction that we did intend to all of them, whose happiness, prosper- It speaks for itself. He alleges law for what he had done, particular!}' the second act of his first parliament. He narrates his proclamation, February 12th, last year; Sty, wealth, and safety, were so much in our royal care, that we would leave nothing undone that might procure these blessings for them. We did likewise declare, that we were resolved to maintain our archbishops and bishops of the protestant religion, with all the inferior clergy, in the full and free possession of their fights and privileges, as they now enjoy them, and all our protestant subjects, in the free exercise of their religion ; as likewise the possessors of church or abbey lands, in their full right of their posses¬ sions, according to law in the case already pro¬ vided ; likewise granting our indemnity, with such exceptions as in the foresaid proclamation is more fully expressed. Thereafter we thought fit to explain and enlarge the same, by our second declaration, bearing date at Windsor the 28th day of J une last bypast. ( See note, page 358.) And in pursuance of our royal intentions there¬ in expressed, we have dissolved all our judica¬ tures of privy council, session, exchequer, jus¬ ticiary, and magistracy of our burghs royal, that by their acceptations of new commissions, on the terms of our royal pleasure, as above ex¬ pressed, we might convince the world of the justice of our procedure, as the universal thanks of our people have manifested their joy, for so unexpected, unhoped-for blessings, terminating at once their persecutions, and freeing ourself from the bad consequences thereof, too manifest in bypast reigns, to be forgotten in this ; and yet there are still some enemies to us, and to their own peace, who labour to lessen the happiness our people enjoy, by fears a?id jealousies, that it will not be lasting ; but we will let them and all the world know, that our care shall be more indefatigable to prevent and defeat their malice, than they shall be to contrive or aid the same. Ami therefore, we have again thought fit to de¬ clare our royal intentions, to stand to and maintain our first declaration of the date the 12th of Febru¬ ary, 1687, in so far as it is above repeated, and as it is explained and enlarged by our second, of the date the 28th of June, according to the true meaning and import of the same. And if any shall be so bold as to refuse their due concurrence with, or obedience to us in these points, they shall find the weight of our royal displeasure, so as to terrify others from the like undutifulness to our royal authority, whilst on the other part, such as dutifully obey and act as become them, shall enjoy the comfort of our royal protection and favour. And to the end all our subjects may have notice of this our royal will and plea¬ sure, we do hereby command our lyon king at arms, and his brethren, heralds, macers, pur¬ suivants, and messengers at arms, to make timeous proclamation thereof, at the market- cross of Edinburgh. For all which, this shall be to all persons respectively, who may be there¬ in any way concerned, a sufficient warrant. Given under our royal hand and signet, at our court at Whitehall, the seventh day ol May, 1688, and of our reign the fourth year. By his majesty’s command, Melford. CHAP. XII.] OF THE CHURCH OF SCOTLAND. 441 but how truly it is said, that therein “all are freed from oaths, &c.” when a most choking one to presbyterians was in the bosom of it, I must leave to others. He repeats his proclamation June 28th, and sig¬ nifies he has dissolved all judicatories, and the magistracy of royal burghs, that they might receive new commissions in the terms of his royal pleasure. He declares he will maintain his former proclamations, and threatens such as act contrary any way to those points. The next act of council I meet with, is June 14th, “act for a thanksgiving- for the birth of the most serene, &c. Prince of Wales, born June 10th, 1688.” I have in¬ sert it as a note.* * I need make no remarks. Edinburgh, May 15f/i, 1688, ]>resent in council, The earl of Perth lord high chancellor, the lord archbishop of St Andrews, the lord archbishop of Glasgow, the lord marquis of Athole privy seal, the earl of Linlithgow, the earl of Strathmore, the earl of Lauder¬ dale, the earl of Traquair, the earl of Bal- carras, the lord viscount of Tarbet, the master of Balmerino, the lord president of session, the lord advocate, the lord justice- clerk, the lord Castlehill, general-major Graham of Claverhouse, the laird of Niddry. The above-written proclamation, from his most sacred majesty, being read in his privy council of Scotland, was (in pursuance of his majesty’s royal commands) ordered to be pub¬ lished the morrow, at the ordinary time, with all due solemnities. Extracted forth of the records of his majesty’s most honourable privy council, by me Wirt. Paterson, Cl. Seer. Concilii. God save the king. • Act for a thanksgiving, June 14 -th, 1688. Present in council, The earl of Perth, &c. lord high chancellor, the lord archbishop of St Andrews, the lord duke of Hamilton, the lord marquis of Douglas, the earl of Linlithgow, the earl of Lauderdale, the earl of Airly, the earl of Balcarras, the lord viscount Tarbet, the master of Balmerino, the lord president of session, the lord advocate, the lord justice- clerk, the lord Castlehill, major-general Graham of Claverhouse, the laird of Nid- dry. It having pleased the almighty God, by whom kings reign, to bless his sacred majesty, our august and glorious monarch, and in him us, his dutiful and happy subjects, with the birth of the most serene and high-born prince, the prince and stewart of Scotland, &c. by his royal consort, our gracious queen Mary : and these glad news being intimated to us, by a most welcome letter under his royal hand, we, in acknowledgment of this great blessing, do, in the IV. The plain defects in law, purposely and of design to cover this matter, as every body now knows, must be sup¬ plied with days of thanksgiving. I wonder how the council stumbled upon that ex¬ pression, that this birth “ is fitted to unite all our hearts, and prevent all jealousies,” when such a suspicious birth gave the greatest strength to surmises and jealous¬ ies, and, I hope, united the hearts of all true protestants, to join heartily in the grand turn of affairs in the end of the year. The day appointed is the 21st of June for the diocese of Edinburgh, and the 28th for all the rest of the kingdom. It was well the tolerated presbyterians were not called to keep this day either. About the 20th of June, the society people rescued Mr David Houston from a party of soldiers carrying him in prisoner first place, thank the great king of heaven for so extraordinary a mercy, fitted to unite all our hearts, and prevent all our jealousies ; not doubting, but that all his majesty’s loyal sub¬ jects, will express their solemn and sincere joy, upon so signal an occasion ; and that they will put up their ardent prayers to the almighty, to whom they owe this hopeful prince, for prolong¬ ing his life, in which they ought to be concerned, as in their chief earthly blessing, next to that of his royal parents, whom God preserve. And for this end, we the lords of his majesty’s privy council, do, by his majesty’s special warrant, appoint and ordain, that a solemn and public thanksgiving be kept and observed, in all the churches of this his majesty’s ancient kingdom, on the respective days after specified, viz. Those in the diocese of Edinburgh, and the three Lothians, on Thursday the 21st day of June instant, and in all the other parish-churches of the kingdom, on the Thursday thereafter, being the 28th of the same month. And we, by war¬ rant foresaid, do accordingly require and com¬ mand the most reverend and the right reverend, the archbishops and bishops, to take care that intimation be made hereof, by the ministers reading the same from their pulpits, the Lord’s day immediately preceding the said days of thanksgiving and solemnity, respective ; and that in all the parish-churches within their dioceses, the said thanksgiving be accordingly celebrated ; and we require and command the magistrates of all burghs royal, that they cause the said thanksgiving and solemnity be observed with all suitable marks of joy and congratula¬ tion, within their respective burghs ; and or¬ dain the lyon king at arms, and his brethren, heralds, maoers of council, and pursuivants, forthwith to pass to the market-cross of Edin¬ burgh, and make publication of these presents. Extracted forth of the records of privy council, by me. Wile. Paterson, Cl. Seer. Concilii. God save the king. 3 K 442 THE HISTORY OF THE SUFFERINGS [BOOK III. to Edinburgh, which produced an¬ other proclamation, and no small trou¬ ble to the shires of Lanark, Renfrew, Ayr, and Nithsdale, of which I shall give some account from some papers in my hands, and it is the last scuffle of this nature we shall meet with. We heard last year, that Mr Hous¬ ton was adopted by the societies, and joined with Mr Renwick in preaching to them ; and from their records I give the following account of this scuffle. Upon the 7th of June, it was represented to their general meeting at Lochars, that Mr David Hous¬ ton who preached to them last year with Mr Renwick, and had gone over to Ireland January this year, was apprehended there, and now sent over, or a-coming to Scot¬ land under a guard, to be tried by the san¬ guinary laws against field-preachers yet in their force, though those against papists were taken off. They fearing he might meet with the same measure as Mr Ren¬ wick did, resolved to rescue him by force. Accordingly, about the 20th of June, a good number of them gathered together tvell armed, and attacked the soldiers at Carbel- ly-path. I find other papers call it Crich¬ ton and Bellow-path, in the shire of Ayr. Mr Houston was rescued, aud several of the soldiers killed, and some wounded. Among the country people John M‘Gechan in Au- chingibbor in Cumnock parish, a singularly pious man, was killed, and some others wounded. It is afterwards remarked in their records, that Mr Houston having dis¬ covered his weakness, if not worse, and several representations being given in against him, and some things laid to his charge, being found by the general meeting not to be without ground, that party cast him oft, and would have no more to do with him. As soon as the accounts of this rescue came into Edinburgh, the council issued out the proclamation, June 22nd, which I have annexed as a note.* The * Proclamation against Mr David Houston, June 22nd, 1688. The lords of his majesty’s privy council having notice of an attack made upon a party of his ma¬ jesty’s forces who were conveying one Houston, a declared rebel, prisoner to the tolbooth of Edinburgh, by his majesty’s special command, iii whose march several of the said forces were killed, and others desperately wounded ; they proclamation terms him a declared rebel, though I doubt if ever he formally was declared to be so. And the nobility and gentry of Ayr, Lanark, Renfrew, and Niths- dale shires, are ordered to meet, June 29th, and July 6th, to make all the discoveries they can anent this attempt. The country was brought to no small trouble by these meetings, to find out the authors and ac¬ tors in that attempt, about which a great noise was made, and it was aggravated be¬ yond truth : and after all the diligence used, as far as I can find, few or none who were actors in that business, were discov¬ ered, though in some places the inquisition was very strict. From original papers before me, I shall give some account of what was done in the shire of Renfrew upon this proclamation, that the reader may see how ready the managers were to run into the courses of the former years, when any opportunity offered. With the proclamation there came a letter from the council, to the convener of the shire, requiring him to acquaint the heritors in terms of the proclamation. Ac- having therefore thought fit, that full and exact search, inquiry, and trial should be made in the said matter, both as to the actors, abettors, or hounders out of the said desperate rebels, that they may be brought to condign punishment, and for preventing the like villanies in time coming, have directed letters to the sheriffs of Ayr, Lan¬ ark, Renfrew, and Nithsdale, or their deputes, to call and convene the nobility, freeholders, heritors, and indulged ministers, to meet and convene the 29th day of June instant, at the head burgh of the said respective shires, and stewar- try ; as also the sheriff of the shire of Wigton, and Stewart of the stewartryof Kirkcudbright, or their deputes, to call and convene the nobility, freeholders, heritors, and indulged ministers of the said shire and stewartry, to meet and convene at the head burghs thereof respective, upon the 6th day of July next, do therefore expressly require and command the noblemen, heritors, freeholders, and indulged ministers foresaid, within the said shires and stewartries, to meet and convene at the days and places respective abovewritten, and then and there to give obedience to the said let¬ ter, as they will be answerable at their highest peril. And to the end these presents may be made known to all persons concerned therein, the said lords ordain the macers of privy coun¬ cil to pass to the market>cross of Edinburgh, and messengers at arms, to pass to all other places usual, and make publication hereof, that none may pretend ignorance. Extracted forth of the records of privy council, by me, Col. Mackenzie, Cl. Seer. Concilib God save the King. chap, xii.] OF THE CHURCH OF SCOTLAND. 443 cordingly they met at Renfrew June 29th, and appointed a committee, whereof the nobility were supernumerary members, to meet and receive reports July 12th, and agreed to the following interrogatories, which were ordered to be put by every heritor to the inhabitants in his ground ; and if any of the heritors desire the advice and concourse of the minister of the place, he is allowed to take it ; and a report of the respective answers is to be made to the committee, with certification, that all absents from the respective examinations, and all heritors who shall neglect to examine shall be delated to the privy council. The queries pro¬ pounded are as follow ; and the reader will observe, that these who form them, go beyond the occasion of their meeting, and the procla¬ mation, and make inquiry into field-conven¬ ticles, &c. I shall not doubt, but their in¬ structions from the council led them to this. QUERIES. « Every heritor shall inquire of all per¬ sons under his charge, whether they know any person or persons that were actors in, or assistant to the late murder of his majes¬ ty’s soldiers at Crichton-path ; or of any persons, resetters, hounders out, or suppliers of the said murderers ; and if any know any thing of those, that they give their advice how they shall be apprehended, and brought to justice. Item. They are to re¬ turn to the sheriff and the committee, an exact account of those persons in their lands, if they own and acknowledge his majesty’s authority and government, and declare themselves willing to live peaceably under it, and if they be willing, according to law, to forbear field-conventicles. Item. That the most judicious inhabitants of each burgh, or tenement, or townland, be ex¬ amined upon the deportment and practice of every individual person in the bounds, in reference to field-conventicles, and bear¬ ing arms at such conventicles, or going and returning therewith, and how each oi them are inclined, as to the keeping of the public peace.” Upon the 12th of July, the committee met again at Renfrew, and the heritors gave in their reports from their respective disti icts , and all the inhabitants of the shire were found free and regular as to the above par- ° .1 688 ticulars, except the absents which had been sent to the clerk, who had formed them into a roll. Another roll of absents was formed by the committee of such as were at sea, sick, and otherwise employed, of whom no suspicion was entertained, which they agreed not to transmit to the council. The presbyterian ministers in the shire having been ordered to be present appeared, and one of them in name of the rest, did declare to the committee “ the loyalty of their principles, their abhorrence of all murdering principles and practices, and that since they had access to the pub¬ lic exercise of their ministry, they had not been wanting in public and private to bear down such principles and practices, and resolve to do the same in time coming ; but, as to their sitting and consulting in matters civil, or what relates to blood, they humbly desire to be excused, it being with¬ out the line of their station or vocation; and finally, that they knew none who sub¬ mitted to their ministry, tainted with such principles or practices.” The committee further transmitted the rolls of absents who were suspected persons, with a declaration of their willingness to fall in with what further the council shall think fit to require from the shire, in order to the preservation of the peace of the country. This shire of Renfrew lay at some distance from the place of the attempt. I have not seen any ac¬ counts of the procedure in this matter from any of the rest of the shires, Lanark and Ayr shire, which lie near the place of the scuffle ; but probably it was much the same with what is above, and the inquisition was very narrow; yet I do not find any persons accessory were discovered. Upon the 15th of August, another pro¬ clamation was published by the council, prohibiting the books named in it, which I have added at the foot of the page* The . Proclamation, August Ibth, 1688, against boohs and pamphlets. James, by the grace of God, king of Great Britain, France, and Ireland, defender of the faith ; to macers of our privy council, messengers at arms, our sheriffs in that part, conjunctly and severally, specially constitute, greeting. Forasmuch as THE HISTORY OF THE SUFFERINGS [BOOK III. occasion of it was the seizing' of some copies of the “ Hind let Loose,” when coming home from Holland. We have had sev- eral proclamations of this sort before, and so I shall not spend time in observes upon this ; and indeed it is softer than one would have expected, after their seizing of such a book as the last named, wherein the king’s right and title is impugned and argued against. It is not without a particular emphasis, that the proclamation declares the hooks prohibited to have been printed in Holland, now when the noise of the prince of Orange’s expedition began to be talked of. The books and pamphlets discharged, are, “ All translations of Buchanan de Jure Regni, Lex Rex, Jus Populi, Naphthali, the Cup of Cold Water, the Scots Mist, the Apologetical Declaration, Mene Tekel, the Hind let Loose, the treasonable procla¬ mations issued out at Sanquhar, and those issued out by the late duke of Monmouth, and the late earl of Argyle.” The terms upon which they are to be brought in, and other things, the reader hath in the procla- we being informed, that there are many impious and scandalous books and pamphlets printed in Holland, and elsewhere, inciting our subjects to murder and assassination, as well as rebellion, to the great reproach of the Christian religion, and the ruin of all human society; in which also our government and the actions of our royal prede¬ cessors, and our own, are represented as cruel, barbarous, and tyrannical, and all such as have served and obeyed us, are railed at as enemies to God and their native country, notwithstanding of the great care we have always taken to toler¬ ate all different persuasions, and the clemency we have shown in pardoning the greatest crim¬ inals, which books are brought home into this kingdom, and vended, and spread here; and we being most desirous, on this, as on all other occa¬ sions, to prevent any of our subjects being brought into a snare, we have thought fit hereby to inti¬ mate and make known, that if any of our sub¬ jects shall hereafter bring home, vend or sell, disperse or lend any of the books underwritten, viz. all translations of Buchanan de Jure Regni, Lex Rex. Jus populi, Naphtali, the cup of Cold Water, the Scots Mist, the Apologetical Relation, Mene Tekel, the Hind let loose, the treasonable proclamations issued out at San¬ quhar, and these issued out by the late duke of Monmouth, and the late earl of Argyle, or any other books that are, or shall be hereafter writ¬ ten or printed, defending these treasonable and seditious principles, they shall be liable as if they were authors of the said books ; and all other our subjects are hereby commanded to bring in any of the said books they have, and de¬ liver them in to any privy counsellor, sheriff, bailie of regality, or bailiaries, or their deputes, or any magistrates of burghs, to be transmitted mation itself. I am well informed that this proclamation was put in execution in Edin¬ burgh, by people who in the council’s name went through the booksellers’ shops, and seized not only these where they found them, but likewise any books written against popery, alleging the selling of these tended to alienate people’s minds from his majesty. And I have the following plea¬ sant incident from a very good hand at this time in Edinburgh. Some of the counsellors sfave themselves the trouble to visit some of the booksellers’ shops, and the advocate used to relax himself this way. Either he, or another of the counsellors came into a shop, where the master was a firm whig, and asked him if he had any prohibited books. The other desired him to search and look for them. After he had looked through and catched nothing, he asked if he had any books against popery. The other answered he had, and a good number of them. The former call¬ ed for a sight of them ; for, said he, that is the religion of his majesty, and his sub- by them to the clerks of our privy council, to the end the same may be destroyed ; with certifica¬ tion, that whoever (except privy counsellors) shall be found to have any of the said books, and not to have delivered them up, shall be fined, for our use, in such a penalty, as our council shall ap¬ point, for each of the said books, that he or they have not delivered up ; and appoints the said books and pamphlets to be brought in betwixt and the diets following, viz. These in the town of Edinburgh, and suburbs thereof, betwixt and the first Tuesday of September next to come, and all others within this kingdom, betwixt and the first Tuesday of November next to come. And to the end our royal pleasure in the pre¬ mises may be made public and known, our will is, and we charge you strictly and command, that incontinent, these our letters seen, ye pass to the market-cross of Edinburgh, and whole remanent market-crosses of the head burghs of the shires of this kingdom, and other places needful, and there, in our name and authority, make pub¬ lication of our royal pleasure in the premises. Aud recommend to the most reverend the arch¬ bishops, and right reverend bishops, to cause read this our royal proclamation, in all the pul¬ pits of this kingdom, upon some convenient Lord’s day in the forenoon, immediately after divine service, that none pretend ignorance. Given under our signet, at Edinburgh, the fifteenth day of August, one thousand six hundred eighty eight years, and of our reign the fourth year Per actum Doviinorum secret i Concilii. Will. Paterson, Cl. Seer. Concilii. God save the King. CHAP. XII.] OF THE CHURCH OF SCOTLAND. jeets ought not to be alienated from him upon that score. Upon this the counsellor was directed to the place in the shop where the bibles lay, and the door being cast open he took one of them, and a second, and said to the bookseller, “ These are bibles.” “ They are so,” said the other, “and from one end to the other against popery.” This was reckoned a high crime; and in the afternoon the master of the shop was cited to appear before the council, and there was brought to some trouble. I am likewise told, that a design was formed, and secret orders were given to the soldiers to disarm the country, especially the west and south, which was in part done, and good numbers of arms were seized. Some other branches of the pro¬ cedure of the council, immediately before the revolution, will come in upon the last section. SECT. II. Of the taking, trial, and public execution of Mr James Renwick in February this year 1688. In the beginning of February this year, Mr Renwick was seized in a private house in Edinburgh, and executed upon the 17th. He was the last who suffered publicly, and he wanted not impressions, his blood would stem the current of blood we have seen running those twenty and eight years. This pious person having been minister to the society people, who endured no small hardships for many years, and separated from the rest of our presbyterian sufferers for conscience’ sake since the year 1680, and very little of him being known, and the first rude draught of his life writ by the reverend Mr Alexander Shiels, having come to my hand, I shall from it, and some other original papers under Mr Renwick’s own hand, before me, give the reader a few of the most remarkable passages of his life, and a larger account of his sufferings and trial, from the registers and other papers, than I have yet seen. In the entry I take the liberty to observe, as in 'part I have already hinted, that, had not this good man been overdriven by several of the people he was embarked with, he would not ' 445 have run the lengths he went in some • 1688 things, and had heoutlived the revolu¬ tion, 1 make no question but he would have come in with Messrs Shiels, Linning. and Boyd, to join with the establishment of this church, and might have been a very useful instrument in it. Mr James Renwick was born February 15th, 1662, of mean but pious parents, in the parish of Glencairn. His religious dis¬ position appeared very early, and his parents had the hopes of his being publicly useful. His father, who died about the year 1676, declared to some of his friends upon his death-bed, that he was under the thoughts his son would have but a short time in this world, and die publicly in his youth. Dur¬ ing his childhood he wanted not tempta¬ tions and vexations about the foundations of religion, out of which he got with advan¬ tage, and came to great establishment, and a settled faith of God’s being, attributes, provi¬ dence, and a future state. He was educated at the college of Edinburgh, and there fell under some reproaches and aspersions, from which the writer of his life fully vindicates him. When he came to receive the degree of master of arts, he refused the oath of allegiance, and publicly objected against the nauseous titles and compliments given to the then duke of York, in the dedication of theses emitted by the class he was in ; for this reason he was excluded from a share in the public laureation, but received his degrees privately. When prosecuting his studies at Edinburgh, he fell in with the people who at that time raised objections against the indulgence, and came that length in his scruples upon that head, that he gave over in a little time hearing the indulged ministers. Frequently afterwards he used to signify that he was extremely affected at Mr Cargil’s death, July 27th, 1681. And upon the back of this entirely joined him¬ self with that party, who cast off the king’s authority, and set up on a lay distinct from the principles and practice of other presby- terians since the reformation. He kept their general and particular meetings, and was not a little useful to that people by his letters, and quick apprehension of things. Mr Renwick, when thus embarked with the society people, was a most violent opposer 446 THE HISTORY OF THE SUFFERINGS [BOOK III. of Gibb and his followers, though he 1688' wanted not aspersions cast upon him as if he had been dipt with them. And when that vile blasphemer had seduced about thirty persons, most part silly women, and was apprehended and extremely favour¬ ed by the duke of York, at that time in Scotland, upon all occasions he opposed Gibb, and was very useful to recover not a few from his delusions. In the year 1682, though Mr Ren wick joined in proclaiming the Lanark declaration, yet he always ac¬ knowledged several expressions in it to be unadvised. A little after this, the societies sent Mr Renwick abroad to the university of Groningen to prosecute his studies ; and there, after about half a year’s study, he was, April 1683, ordained indefinitely to the ministry with imposition of hands, and at his ordination had the favour done him, that, instead of the Belgic forms, he was allowed to sign the Westminster confession of faith, and catechisms. September, 1683, he came home to Scot¬ land through a great many hazards and difficulties, and the society people chose him as their minister, and subjected only to him. He was very frequent in preach¬ ing and baptizing during the following years, till he was taken ; and met with many surprising and singular deliverances from his pursuers, several instances of which lie before me, too long here to be inserted. Towards the end of the year 1684, when the forenamed declaration, against infor¬ mers and intelligencers, was first proposed to him, he was very much against it, de¬ claring his fears of the sad effects it might have ; yet at length was brought into it. It was he who penned the Sanquhar decla¬ ration, and proclaimed it May 28th, 1685, with about two hundred of his followers, wherein they deny king James’s authority, and renounce all subjection to him. About that same time he refused to join the earl of Argyle and his party, till they would so state their quarrel that he and his followers could join in it. In the years 1686 and 1687, he continued preaching and catechiz¬ ing such as vvould subject to him up and down the west and south. He appeared with no small keenness against the liberty granted to presbyteriaus, and inveighed against their accepting it from a popish prince. Against this he drew up a paper, and came in to Edinburgh January this year, and gave a double of it to one of the presbyterian ministers in that city, to be communicated to his brethren. It hath been printed under the title of “ The testi¬ mony of some persecuted presbyterian min¬ isters against toleration,” &c. It being common, I need not insert it. From Edin¬ burgh he went over to Fife, where he con¬ tinued preaching till the last of January, which day he came back and lodged in a friend’s house in the Castle-hill, who dealt in English goods ; and the custom-house officers were frequently searching it for prohibited goods. Thomas Justice, one of the people who used to look after such things, by some of his spies got notice that a stranger was come to that house that uight, and the master of the family being a known follower of Mr Renwick’s, it was suspected it might be he; yea, that very night the said Justice, in a company where the discourse happened to fall upon Mr David Houston, and a rumour a-going that he was seized in England, said, he hoped he should have another of them ere long, and taking up a glass, drank Mr Renwick’s health, swearing he hoped to grip him ere seven next morning. Accordingly, February 1st, early in the morning, the waiters attacked the house, pretending they were searching for run goods- Mr Renwick coming out of his room upon some noise, Justice standing at the door, said, “ My life for it, this is Mr Renwick ; all in this house must go to the guard to see what trade they are of.” Mr Renwick, with two of his friends, retired to another door, and opening it, found it guarded by some of Justice’s company. One of them essayed to force his way, and was resisted by the waiters ; whereupon Mr Renwick drew a pistol, and discharging it without hurting any of them, obliged them to give way, and got out, but when going by them, one of them struck him on the breast with somewhat or other, and bruised him very sore, which marred him in his flight, and the pain of it was the occa¬ sion of his fall more than once when run¬ ning. By this time Justice had raised the cry for assistance to take the dog Renwick : CHAP. XII.] OF THE CHURCH OF SCOTLAND. 447 However Mr Renwick got down the Cas- tle-wynd, and even to the head of the Cow- gate ; but having fallen several times, and lost his hat, he came to be noticed, and being hotly pursued, at last was taken by a profligate fellow. The two others escaped. Mr Renwick was straight carried to the court of guard, where, for a while, he was very much insulted. Graham, the captain of the guard, delivered him up to a com¬ mittee of the council, who ordered him to l>e put in the irons. When there alone, he afterward signified to some of his friends, being the first opportunity he had of stated supplication, he betook himself to God in prayer, humbly begging, that the Lord might carry him through his sufferings, cheerfully resigning his life to the Lord, earnestly begging, that enemies might be permitted to do no more but take his life, and not to torture and mangle him. He observed to them, that the Lord was pleased to answer him remarkably enough, several projects this way being disappointed. Before he received his indictment, he was carried to the viscount of Tarbet’s chamber, and there examined very particu¬ larly. Two little note-books of his were found upon him when taken, where, in his own hand, were the notes of two sermons he had lately preached at Braid-craigs, wherein he had disclaimed and disproved the king’s authority, and had reasoned against the paying of cess, with some other things, and proven, that bearing arms, for the defence of the gospel at field-meetings, was lawful. This 1 find Mr Renwick giv¬ ing an account of, in an original letter of his before me, to a friend, dated February 6th. Upon those points he was examined, and very frankly acknowledged the doctrine he had taught, and with much composure and boldness he defended it. In the same letter, he gives an account of his examina¬ tion upon some other things contained in a pocket-book found upon him, which were only forms of address to some professors abroad, and Robert Hamilton. Those be¬ ing plain and set down at large, he owned he corresponded with them ; and being asked the subject of their correspondence, he answered, he used to give account of his and his hearers’ sufferings, and beg their I sympathy. There were moreover some capital letters in the same book, such as A. S. M. S. J. W. A. W. P. R. P. A. M. M. at G. where a hat was left. The commit¬ tee were extremely importunate to discover their names. Mr Renwick, knowing they were as obnoxious already as any thing lie could say would make them, ingenuously declared they w'ere the names of persons he w'as to have writ to, Mr Alexander Shi els, Michael Shiels, James and Archibald Wil¬ sons, Peter Raining, and Peter Aird, all of whom were upon their hiding, and out of their reach. He made some difficulty upon the last, till the advocate promised to save her from any trouble upon his account ; and then, to escape the torture they threat¬ ened him with, he told them it was one Mrs Miller at Glasgow. This ingenuity in him did much soften the rage of his enemies. After this examination he received his indictment February 3d, and the annexed list of witnesses. The indictment being but short, and the last we are to meet with, I insert it here, and the rather, be¬ cause it lets us into several particulars omitted in the former account of him. Mr James Renwick, prisoner, you are indicted and accused, that whereas notwithstanding by the fundamental laws of this kingdom, and con¬ stant practick therof, and by the acts of parliament after mentioned, viz. the 129 act pari. 8. Jam. VI. the 151 act of his 15 pari, by the 1 act of his IS pari, and by act 2. sess. 2. pari. 1. Char. IT. and the 2 act of his 3 pari, the kings of Scot¬ land, their heirs and royal successors, are ac¬ knowledged to be sovereign monarchs, absolute princes, judges, and governors of this realm ; and that none shall decline the king or his authori¬ ty, under the pain of treason, and that the kings of this realm hold their crown and au¬ thority from God almighty only; and therefore the entering into leagues and covenants, rising in arms against the king, or suspending him from the exercise of his government, or putting limitations upon the allegiance and obedience of the subjects, are declared treason : and that upon the death of any king, the royal and sovereign authority isimmediately, and ipso facto, devolved upon the next lawful successor ; and that no objection or pretext whatsomever, can impede or obstruct the same ; and the design to obstruct or divert the succession, is declared high trea¬ son. Nevertheless it is of verity, that you the said Mr James Renwick, having shaken off all fear of God, and respect and regard to his ma¬ jesty’s authority and laws; and having entered 448 THE HISTORY OF THE SUFFERINGS [BOOK III. yourself into the society of some looH. rej,ejs 0f most damnable and perni¬ cious principles, and disloyal practices, you took upon you to be a preacher to those traitors, and became so desperate a villain, that you did openly and frequently preach in the fields, de¬ claiming against the authority and government of our sovereign lord the king, denying that our most gracious sovereign king James VII. is lawful king of those realms, asserting that he was an usurper, and that it was not lawful to pay cess or taxes to his majesty; butthat it waslawful and the duty of subjects, to rise in arms, and make war against his majesty and those commissioned by him. For which crimes, you the said Mr James Ren wick was declared fugitive and de¬ nounced rebel by open proclamation, published at the market-cross of Edinburgh, and printed, bear¬ ing the date of the day of year, and the lieges were certiorate thereanent, and required to apprehend you, and there was a fine of a hun¬ dred pounds sterling, as a reward and encour¬ agement, promised to such as'should apprehend you. And yet ye did still continue in your former desperate obstinacy, keeping conventicles in the fields, and requiring your hearers to pro¬ vide arms, and come armed to those rendezvouses of rebellion, and particularly upon one or other of the days of September last, you kept a field- conventicle upon the* muir, near Paisley, where were many persons in arms ; and upon one or other of the days of November last, and likewise upon the ]8th of January last bypast, you did keep two conventicles at Braids- craigs, within two miles of the capital city of this kingdom, where you not only renewed your former treasonable doctrines and positions, but likewise with your hand \rou wrote down in a book found upon you when you was taken, the heads of those treasonable sermons, with the dates and places where you had preached the same. And being apprehended within the city * Probably Duchal muir. The people of JLoch- winnoch parish and the district contiguous, used to go thither to the celebrated Craigminnan hill, for the purpose of attending conventicles and receiving baptism from their favourite preachers. Renwick frequently preached there. It stands on the boundary between Lochwinnoch and Kilmalcolm parish, but it belongs properly to the latter, The spot which was used for worship, is situated on a beautiful green hill, a little way nearer the Lady-muir than Craigminnan. On this spot there is a great circle, or a big ring, as the neighbours used to call it, raised, of earth and some stones mixed with it. 1 heir sentinels watched on the neighbouring hill, Craigminnan. There is a similar spot near this, which is looked on by the neighbours with a holy reverence. This spot is near the Lint-hills where Renwick once preached. A large gray stone marked the sacred spot ; but this stone was lately removed for some agricultural improvements. — Ed. of Edinburgh, you did desperately fire upon the officers that did come to take you. And being brought before the lord chancellor and other counsellors, upon the first of February, 1688 years instant, like a desperate irreconcilable traitor, you did openly deny and decline our sovereign lord’s authority, and assert that our most gracious king was an usurper, and not law¬ ful king, and owned you had preached the same. Likeas, ye the said Mr James Renwick, being brought to the viscount of Tarbet’s lodging, did there, in the presence of the lord chancellor, and several other counsellors, upon the 3d of Feb¬ ruary instant, avowedly and traitorously declare, that you could not in your conscience acknow¬ ledge the king to be your lawful sovereign, and that the lineal succession did not give a right to govern : and that you thought it was not lawful to pay cess to the king, because it was imposed for maintaining of forces to bear down the gos¬ pel, and that all persons who made payment of any cess, were involved in that guilt; and ad¬ hered to your preaching book, and declared the same to be your own hand- write, and owned you had preached to the people to come in arms to your meetings for defence, in case they met with opposition, and that it was lawful to do so. Wherethrough ye the said Mr James Renwick has committed and is guilty of the crimes of high treason above specified, or one or other of them, and is actor art or part in the same; which being found by an assize, you ought to be pun¬ ished with forfeiture of life, land, and goods, to the terror and example of others to commit the same hereafter. You are to answer to this in¬ dictment upon the 8th day of February, 1C88 years. “James Guthrie, pursuivant.” With this libel a list of forty-five was given him as his assize, to judge upon the probation, out of which fifteen were to be chosen. I have formerly observed, that it was customary in this period to vex presbyterians, who could not actively join in the bloodshed of this time, by putting them upon the assizes of the sufferers, and that both to expose them if they consented, and to bring them into trouble if they refused. Thus I find some worthy persons, some of them very considerable sufferers themselves, put upon Mr Renwick’s assize, as Sir John Maxwell of Nether-Pollock, Sir Robert Stuart of Allanbank, Mr Robert, since Sir Robert Blackwood, merchant in Edinburgh, Mr George, after Sir George Hume, Samuel, since Sir Samuel M‘Clellau, merchants there, George Mosmau, John Armour, merchant in Glasgow, and many CHAP. XII.] OF THE CHURCH OF SCOTLAND. 449 others. None of these would be concerned in the condemnation of this good man. The fifteen who were pitched upon out of the forty-five, were as follows. James Hume of Kimmergame, John Hume of Nine- wells, John Martin clerk to the man¬ ufactory, Alexander Martin of Kessilaw, Robert Haliburton merchant, Thomas Lawrie merchant, Archibald Johnston mer¬ chant, Thomas Wylie merchant, James Hamilton vintner, William Cockburn mer¬ chant, James Hamilton younger, stationer, Robert Currie stationer, John Cunningham merchant in Glasgow, William Somerwel chamberlain of Douglas, Ninian Banantyne of Kaims, chancellor to the assize. Together with this indictment and those assizers, Mr Renwick received the follow¬ ing list of witnesses signed by the pursui¬ vant. John archbishop of Glasgow, George vis¬ count of Tarbet, lord Livingstone, Colin earl of Balcarras, earl of Traquair, general major Graham, Sir Wil¬ liam Paterson, Mr Colin Mackenzie clerk to the council, Sir Thomas Moncrief of that ilk, Mr William More clerk to the session, Master of Balraerino, George Row, David Gourel, Hugh Ross, merchants in Edinburgh, John Boyle pris¬ oner in the Canongate. Signed, James Guthrie, Pursuivant. When Mr Renwick had gotten this in¬ dictment, by the favour of the keepers, his mother, Elizabeth Carsan, a singularly religious person, was permitted now and then to see him. With her he conversed in much composure and affection, and fre¬ quently declared his great grief to leave his people who had been under his minis¬ try ■ but added, were it in his choice, he could think upon it without terror, to con¬ tinue much longer in his conflicts with a body of sin and death he carried about with him ; that he adhered to all he had preached. This was upon the sabbath, February 5th. In his letter, February 6th, before referred to, after he hath given an account of God’s great goodness to his soul, and desired the persons whose names he de- cyphered, might be acquainted with what he had done, to save himself from torture, he concludes, “ I desire none may be troubled on my behalf, but rather re- Iu88‘ joice with him, who with hope and joy is wait¬ ing for his marriage and coronation hour.” At another time his mother asking him how he was ; he answered, “ Well, but since my last examination I cannot get praying.” His mother looking on him with much surprise and concern, he added, “ I can hardly get praying, being so much tak¬ en up in praising, and ravished with the joy of the Lord.” When his mother, who was extremely affectionate, expressed to him her fears of fainting, and running to ex¬ tremities, saying, “ How shall I look to that head and these hands set up upon the ports of Edinburgh ? I have so much self, that I will never be able to endure it. ” He smil¬ ing said, “ She would never see them there, adding, I have willingly parted with my life, and humbly sought of the Lord to bind them up from going any further ; and I am much persuaded, they shall be permitted to go no further.” When at liberty, he used to be much troubled with fears about tor¬ ture, and mangling his body, but now they were entirely removed. Some time after, others of his friends found means to get into him ; them he pressed to mind salvation work, and to get their peace made with God, and to be steadfast in the way of truth. When they regretted his being taken away from them, he said, they should rather re¬ joice that he was to be taken away from the reproaches and calumnies he had lain under, which he hoped his death would wipe away. He further told them at his first appearance, he was once thinking to wave the counsellors’ interrogatories, and put them upon probation ; but he found his soul filled with darkness upon those thoughts, and resolved to be plain and full in his confession, as he had been in his ser¬ mons, and in so doing he had peace. Upon Wednesday, February 8th, Mr Ren¬ wick was brought before the justiciary. After his indictment was read, the advocate restricted it to his denying the king’s au¬ thority, his preaching the unlawfulness of paying cess, and that he had called his follow¬ ers to come with arms to the field-meetings. All I find in the registers for probation, is his own signed confession, which I give 3 l IV. 45 0 THE HISTORY OF THE SUFFERINGS [HOOK Ill. from them. It is as follows. Mr I 1GSS ! James Ren wick' being interrogated, if he owned king James VII. who now reigneth, to be his lawful king : declares, he J cannot deny his being de facto in the throne, but denies that de jure he ought to reign, j or that he is lawful sovereign ; and that he cannot in conscience obey him as his lawful king. Declares, he thinks it unlaw¬ ful for subjects to pay cess to the king. Declares, he taught his people that came to his field-meetings, that they should come in arms, and oppose the king’s forces, and fight with them in case they came against them. “James Renwick.” Thus his case stands in the criminal j books. I shall now give a larger account j of it from the above-cited account of his life, and other papers before me. When before the justiciary, he adhered to his former confessions with great com¬ posure and sedateness, and the lenity of the court was beyond what had been their use and manner formerly ; he did not seek law¬ yers to plead for him, but the lords per¬ mitted him to speak what he had to say, without threatenings and interruptions, even though he gave none of them their titles save the nobility. After the indict¬ ment was read, the justice-clerk asked him, if he adhered to all his former confessions, and acknowledged all that was in the libel. He replied, “ All except where it is said, ‘ I have cast off all fear of God,’ for it is because I fear to offend God and violate his law, I stand ready to be condemned here.” Then he was interrogated, whether he owned authority, and if he owned king James VII. to be his law ful sovereign. He answered, “ 1 own all authority which hath its prescriptions and limitations from the word of God, but cannot own this usurper as lawful king, seeing both by the word of God such a one is incapable to bear rule, and also by the ancient laws of the king¬ dom, which admit none to the crown of Scotland until he swear to defend the pro- testant religion, which a man of his pro¬ fession cannot do.” He was urged by the lords, “ How could he deny him to be king ? was he not the late king’s brother ? had the late king any children lawfully begotten ? w'as he not declared successor by act of parliament ?” the pannel answered, “ He w'as, no question, king de facto, but not de jure, that he was brother to the other he knew nothing to the contrary. What children the other had he did not know ; but from the word of God, which ought to be the rule of all laws, or from the ancient laws of the kingdom, it could not be shown that he had, or ever could have any right.” The next question propounded to him was, “ If he owned or had taught it to be unlawful to pay taxes or cess to his majesty.” He answered, “ As to the pre¬ sent cess, exacted to the present usurper, I hold it unlawful to pay it, both in regard it is oppressive to the subjects for the main¬ tenance of tyranny, and because it is im¬ posed for the suppression of the gospel. Would it have been thought lawful for the Jews in the days of Nebuchadnezzar to have brought every one a coal to augment the flame of the furnace, to devour the three children, if so they had been required of the tyrant ? and how can it be lawful, either to oppress people for not bowing to the idols the king sets up, or for their brethren to contribute what may help for¬ ward their oppression on that account ?” Next he was interrogated, if he owned that he taught his hearers “ to come armed to their meetings,” and in case of opposition, to resist. He answered, “ It wrere incon¬ sistent with reason and religion to teach otherwise ; you jmurselves in the like cir¬ cumstances would do it. I own 1 taught them to carry arms to defend themselves, and to resist your violences.” Further being asked if he owmed the note-books taken upon him, with the sermons written therein, and that he had preached them ; he answered, “ If you have added nothing, the books being in your custody, I will own them, and am ready to seal all the truths contained there with my blood.” All his confessions being read over, and he required to sign them, he said, he could not do it, since he took this to be a partial owning of their authority. Some reason¬ ings passed upon this subject ; at length he said, “ I will sign the paper as my testi¬ mony, but I declare it is not in obedience CHAP. XII.] OF THE CHURCH OF SCOTLAND. 451 unto you.” The assize were next called upon by fives, and sworn. Mr Renwiek was asked, if he had any thing to object against them. He objected nothing against any of them, but protested, that none might sit on his assize who professed pro- testant or presbyteiian principles, or an ad¬ herence to the covenanted work of reform¬ ation. The assize unanimously brought him in guilty ; and sentence was given, that he should be executed at the Grassmar- ket on the Friday following. The earl of Linlithgow, justice-general, asked him if he desired a longer time. He said, it was all one to him, if it was protracted, it was wel¬ come, if shortened, it was welcome, his Master’s time was the best time. However, without his knowledge, and after he had openly refused, when the advocate urged him to desire it, he was delayed till the 17th of February. During this interval Mr Renwiek was visited by Bishop Paterson, Doctor Munro, and others of that kidney. Meanwhile, which was not usual after sentence of death, not one of his friends for some time were permitted to see him. The bishop vexed him with his solicitations to save his life, and his queries he proposed to him. “ Thought he none could be saved but those of his principles ? would he kill him¬ self with his own hand, since he might have his life upon such easy terms?” and others of that nature. Mr Renwiek an¬ swered, “ He never said or thought none could be saved but such as were of his principles ; but he was of opinion those were truths upon which he was suffering, which he had not rashly concluded upon, but deliberately, and of a long time had been confirmed in, as what were sufficient grounds to suffer upon.” The bishop said, he was sorry to see him so tenacious, and throwing away his life, but wished him well, and took his leave of him. After¬ wards he commended him as a youth of parts, and in the council pressed for an¬ other reprieve to him, which would have been easily granted if he would have peti¬ tioned for it. Yea, such was the bishop’s professed kindness and concern in him, that he sent one to him the night before he was executed, desiring to know, if there was any thing lying in his power to do for him, and he would do it. Mr Renwiek returned him his thanks for his civility, and desired the messenger to acquaint the bishop, that he knew nothing he could do for him, or that he himself could desire of him. At another time he was visited by one Mr M‘Naught, a curate, in his gown and canonical habit. At his coming in, Mr Renwiek told him he did not like his coat, it was a bad badge. The other said, he was not come to debate, but wished him well, and discoursed a little upon the tol¬ eration, inquiring at the close, what he thought of it, and of the men who accepted of it. Mr Renwiek answered, “ He was against the thing as not conform to the rule, but as for the men who embraced it, he judged them godly men.” The curate, after parting with him, commended him for gravity and ingenuity. The advocate also made him a visit, and very earnestly pressed Mr Renwiek to supplicate, and to own the king’s authority, and heard him patiently as to his reasons why he could not fall in with his desire. The advocate told him he was very sorry for his death, and that it fell out in the short time he had been in his office, and gave, as the reason of it, the reports that had been industriously spread, that he was a jesuit; and said, the papists were en¬ raged, that any, said to be of their princi¬ ples, should deny the king’s authority, and pushed his execution ; and told him it. was not in his power to stop it, unless he would own the king’s authority. Several popish priests came frequently to him while in prison, and at their coming away were overheard saying, he was a most obstinate heretic. The keepers of the prison used to tell how vexing they were to him, and that he frequently desired them to leave him, so that it became a proverb among them at that time, “ Begone, as Mr Renwiek uses to say to the priests.” All the time he was in prison after his sentence, he was kept so close, that he could get nothing written. He began to write a testimony, but pen and ink were taken from him. Yet he found means that night before he suffered, to send out a short paper, which I take to be that printed in the Cloud of Witnesses. February 14th, he was again brought 452 THE HISTORY OF THE SUFFERINGS IBOOK III. . „„„ before the council, and they signified ' to him how much kindness they had shown him in giving him a reprive unsought, and plainly enough insinuated there was yet room of lengthening it out ; but he was fully determined not to table any petition to them. At his return he was very cheerful, and a friend asking him how he was, he answered, “ Very well, but he hoped to be much better in three days.” He told his mother, who was sometimes admitted to him, that the last execution he was witness to, w as that of Robert Gray, above spoken of, and it was then borne in on his spirit, that he would see no more of that kind till he were executed himself. — Frequently he owned the necessity of his suffering at that juncture, and that he had firm hopes, that his death w ould not be without fruit. Very often he praised God for his goodness to him, in making his death and the manner of it so very easy to him. When he was asked what the Lord wrould do with the remnant he left behind him ; he answered, “ it would be well with them, for God had said, he would not leave his inheritance. ” That morning before his death, February 17, the good man (jailor) of the tolbooth, came to him in his chamber, and told him he might have his life if he would sign the petition he offered to him. Mr Renwick answered him “ that sufferers for the truth might indeed require that their prosecutors should not take their life, and remonstrate against them ; but he did not think it law¬ ful to petition in his circumstances, since it would be a receding from the truth, and declining a testimony for Christ.” Then the keeper desired him not to mention the cause of his death at the place of execution, and to forbear reflections and irritating ex- pressions. He answered, “ what God giveth me I will speak, and nothing else, and no¬ thing less and begged the favour of him, that his mother and sister might be permitted to come in to him and stay a little w ith him. The keeper objected, he would perhaps give them papers to carry out. Mr Renwick answered, “ he might search them and see, when they left him.” They were suffered to come in to him, and he took some meat with them very cheerfully. In his giving thanks, they minded these expressions very distinctly : — “ Lord, now thou hast brought me within two hours of eternity, and this is no matter of terror to me, more than I were going to lie down in a bed of roses, through thy grace. To thy praise I can say, I never had the fear of death since I came within this prison. O ! how can I contain, under the thoughts of this, to be w'ithin two hours of the crown of glory ! ” He exhorted them much to prepare for death ; for, said he, “in itself it is the king of terrors, though not to me now, as some¬ times it was in my hidings. But now let us rejoice and be glad, for the marriage of the Lamb is come, and his wife hath made herself ready. Would ever J have thought that the fear of suffering would ever have been so taken away from me. But what shall I say ? it is the doing of the Lord, and it is marvellous in our eyes. I have many times counted the cost of suffering for Christ, but never expected it would have been so easy: who knows the honour and happiness of that ? He that confesseth me before men, him will I confess before my heavenly Father.” Perceiving his mother weeping, he exhorted her to remember, “ that whoever loved any thing better than Christ, was not worthy of him.” “ If you love me,” added he, “rejoice that I am going to my Father, to obtain the enjoyment of what eye hath not seen, nor ear heard, neither hath it entered into the heart of man to conceive.” Then he prayed with them, and therein he run out much in praises, “ that now he was getting above all conflicts with sin and sorrow, and where there should be no quarrels, or distance from God He pleaded much in behalf of the suffering remnant, and that the Lord would not leave Scotland, asserting with great confidence of hope, that he was strengthened in the faith of it, that the Lord would be gracious to Scotland.” In a little time he heard the drum beating for the guards to take him out to his execution, and rejoiced exceedingly, saying “yonder the welcome warning to my marriage; the Bridegroom is coming, and I am ready, I am ready.” Then he took his leave of his mother and sister, entreating them not to be discouraged, for ere all were done, they CHAP. XII] OF THE CHURCH OF SCOTLAND. 4,53 would see matter of praise in that day’s dispensation. After the usual manner, he was taken to the laigk council-house, where, after read¬ ing his sentence, he was desired to say any thing he had to say, there. He answered, I have nothing to say to you but that which is written, (Jer. xxvi. 14, 15.) “As forme, behold I am in your hand, &c.” Then he was told he would not get leave to be heard on the scaffold, for ruffling of drums, and was desired to pray there. This he re¬ fused, asking if the drums would be ruffled unless when they thought he spoke bitterly, and made reflections. They answered, they would be ruffled all the time, and uro-ed him to pray, and put a friend, whom they allowed to wait upon him to the scaffold, to request him ; but he still refused. Then they warned him to forbear reflections. He told them he would not be limited; he had premeditated nothing, but what the Lord gave him, that he would speak. They of¬ fered him any minister he pleased, to be with him ; but he only desired the friend they had already granted him. Mr Renwick went very cheerfully to the place of execu¬ tion, where there was a vast number of spec¬ tators. Executions had not been frequent for some time, and his circumstances were sin¬ gular. Very little of what he said was heard, for the drums beat without intermission till he was put over tlieladder. Anything glean¬ ed up here is from the person who waited upon him, with the help of a few others who had placed themselves near the scaffold. — There was a curate standing at the side of the scaffold, who addressed himself to Mr Renwick when he came up, and said, pray for the king, and we will all pray heartily for you. Mr Renwick auswered, he did not expect his prayers, and was come hither to bear his testimony against him, and such as he was. The other replied, Pray for the king, whatever you say against us. Mr Renwick answered, I will discourse no more with you, I am shortly to appear before the King of kings, and Lord of lords, who will shortly pour contempt on all the kings of the earth who have not ruled for him. He sang the 103d psalm from the begin¬ ning, and read Revelation 19th chapter, and then prayed, commending his soul to the Lord through the Redeemer, and his cause to be vindicated by him in 1 688‘ his own time. He declared this was the most joyful day he ever saw, and what he longed for, and blessed the Lord for the honour of the crown of martyrdom, an honour, added he, the angels are not capable of. He regretted, he was disturbed in wor¬ shipping God, and said. Rut by aud by, I shall be above those clouds, and enjoy, and worship, and glorify thee without interrup¬ tion or intermission for ever. This is all that is remembered. Prayer being ended, he spake to the people, and what was remembered was to this effect. “ Spectators, or if there be any of you auditors, I must tell you I am come here this day, to lay down my life for adhering to the truths of Christ, for which I am neither afraid nor ashamed to suffer ; Nay, I bless the Lord that ever counted me worthy, and enabled me to suffer any thing for him ; and I desire to praise his grace, that he hath not only kept me free from the gross pollutions of the time, but also from many ordinary pollutions of children ; and for such as I have been stained with he hath washed and cleansed me from them in his own blood. I am this day to lay down my life for these three things, ls^. For disowning the usurpation and tyranny of James duke of York. 2dly, For preaching that it was unlawful to pay cess. 3 dly, For teaching that it was lawful for people to carry arms, for defending themselves in their meetings for receiving persecuted gos¬ pel ordinances. I think a testimony for these is worth many lives ; and if I had ten thousand, I think all little enough to lay down for the same. “ Dear friends, spectators, and if any of you be auditors, I must tell you, I die a presbyterian protestant. I own the word of God as the only rule of faith and man¬ ners ; I own the Confession of Faith, Larger and Shorter Catechisms, Sum of Saving- Knowledge, Directory for Family Worship, Covenants, National and Solemn League, the Acts of the General Assemblies, and all the faithful contending^ that have been for the covenanted reformation. I leave rny testimony approving preaching in the fields, and the defending the same by arms. 1 THE HISTORY OF THE SUFFERINGS [ROOK III. 454 ] 688 a 4 of the tolbooth of Glasgow, to hear the parties , concerned, and to report, as said is. Declaring lastly, that this present act, nor no part of it, shall be anyways invalidate by the act salvo jure, to be passed in this present parliament. } *sl APPENDIX. CHARACTER AND DESIGNS OF CHARLES II. AND JAMES II. It has often excited surprise, that the friends of true religion in Scotland and England, should have been so utterly blinded with regard to the real character of Charles, as to cherish such san¬ guine hopes both of the steadiness of his princi¬ ples and the consistency of his general character. I am inclined to think, that this was owing, in no small degree, to the flattering accounts which were transmitted to the leading nonconformist ministers at London, by the most celebrated divines of the protestant church of France, about the period of the restoration. Of these letters we have copies published in a collection of papers called “ The Phcenix,” and they all concur in bearing testimony to the hopeful character of the young prince. How the worthy men of the continent came to be so egregiously imposed on, we shall not attempt to explain; but we can have no difficulty in accounting tor the weight that wa3 attached, both in England and in Scot¬ land, to a testimony in his favour every way so unexceptionable. The following account of the closing scene of Charles’ life, as given by Barillon, the ambassa¬ dor of Louis XIV. at the court of London, will be read with deep interest; and its authenticity is beyond all suspicion. It is extracted from the appendix of original papers in Mr Fox’s histori¬ cal work. “ Despatch from M. BanLlon to the king. u The letter which I have the honour this day to address to your majesty, is solely to transmit to your majesty an exact account of the most important events which took place at the death of the late king of England. His illness, which began on the morning of Monday the 12th of February, took different turns during the follow¬ ing days; sometimes he was thought to be out of danger, but afterwards some circumstance hap¬ pened, which gave reason to believe his disorder was mortal ; when at length, about noon on Thursday the 15th of February, I was informed from a good quarter, that there was no longer any hope ; and that his physicians did not think he could survive the night. I immediately after went to Whitehall : the duke of York had given orders to the officers who kept the door of the antechamber, to allow me to pass at all hours ; he remained constantly in the king’s chamber, except when he came thence to give orders re¬ specting what was passing in the town. The report was several times spread during the day, that the king was dead. As soon as 1 arrived, the duke of York said to me, ‘ The physicians think the king is in the greatest danger; I beg you will assure your master that in me he will always find a faithful and a grateful servant.’ I remained in the king of England’s antechamber till five o’clock; the duke of York invited me several times into the room, and conversed with me about what was passing without-doors, and of the assurances he had received from all quar¬ ters, that every thing was very quiet in the town, and that he would be proclaimed king the in ¬ stant his brother should expire. I retired for some time to the apartments of the duchess of Portsmouth ; I found her overwhelmed with grief; the physicians having deprived her of all hopes. Nevertheless, instead of speaking to me of her sorrow, and of the loss she was about to sustain, she led me into a closet, and said to me ; ‘ Monsieur ambassador, I am going to tell you one of the greatest secrets in the world, and if it were known, would deprive me of my head. At the bottom of his heart the king of England is a catholic ; but he is surrounded with protes¬ tant bishops, and nobody informs him of his si¬ tuation, or speaks to him of God. 1 cannot with decency again enter his room ; besides, the queen is almost always there. The duke of York is employed about his own affairs, and has too many of them to allow him to take that care which he ought about the conscience of the king. Go and tell him, I have conjured you to advise him to think on what can be done to save the king’s soul: — he is master of the king’s room, and can cause to withdraw whoever he pleases. Lose no time, for if there be the least hesitation it will be too late.’ “ I immediately returned to the duke of York. I begged him to pretend to go to the apartment of the queen, who had quitted the king’s room, 3 Q, AIM’ENIMX. 496 and whom they had just let blood, she having fainted ; the room communicates with both the apartments ; I followed him to the queen’s, and told him what the dutchess of Portsmouth had said to me. He seemed as if he had awaked from a dream : “ You are right,” he said “ there is no time to lose. I will sooner hazard every thing than not do my duty on this occasion.” He returned to me an hour after, under pretence of again visiting the queen, and told me he had spoken to the king his brother, and that he found him determined not to receive the sacrament, to which the protestant bishops were pressing him ; that this had very much surprised them ; but that some of them would always remain in the king’s room, unless he found a pretext to cause every body to retire, in order that he might speak to the king his brother with more freedom, and induce him to make a formal abjuration of heresy, and to confess himself to a catholic priest. “ We thought of various expedients ; the duke of York proposed that I should ask to speak with the king his brother, as if to communicate some¬ thing in secret to him from your majesty, and that every body should be ordered to withdraw. This I offered to do; but I represented to him, that, besides the noise such a proceeding would make, there was no colourable pretext to justify my remaining in private with the king of Eng¬ land and him alone, so long a time as was re¬ quired for the accomplishment of what we had to do. The duke next thought of bringing the queen, as if to take a last farewell of the king, and to beg his forgiveness if she had disobeyed him in any thing ; and that he should perform the same ceremony. At last, the duke of York determined to speak to his brother before all that were present, but in such a way as no one should understand what he said ; because this would remove all suspicion, and it would be imagined that he was only consulting him about state af¬ fairs, and what he wished should be done after his death ; therefore, without any more precau¬ tion, the duke, after having forbid any one to come nigh, stooped down to his brother’s ear ; I was in the room, and more than twenty persons at the door, which was open ; what the Duke said was not heard; but the king of England said aloud from time to time, ‘ Yes, with all my heart.' He made the duke sometimes repeat his words, because he did not hear very well ; this lasted about a quarter of an hour; the duke of York then left the room, as if to go to the queen, and said to me, ‘ The king has consented to my bringing him a priest ; I dare not bring any of the duchess’s, they are too well known ; send quickly and seek one.’ I told him, I would do it with pleasure, but that I thought too much time would be lost, and that 1 had just seen all the queen’s priests in a closet near to her cham¬ ber. He replied, ‘ You are right. He per¬ ceived at the same instant the count of Castel- mellior, who warmly embraced the proposition I made him, and took upon him to speak to the queen. He returned in an instant; and said to me, ‘ Though 1 were to endanger my head in this business, I would do it with pleasure; but I know none of the queen’s priests who under¬ stands and speaks English.’ Upon this, we re¬ solved to send in search of an English priest to the Venetian resident’s ; but as the time admitted no delay, the count of Castelmelhor went to the room where the queen’s priests were, and there found among them a Scotch priest, named Hu- delston, the man who saved the king of England after the battle of Worcester, and who had been | excepted by act of parliament in all the laws enacted against the Roman Catholics and the priests ; they gave him a wig and cassock, to disguise him, and the count of Castelmelhor led him to the door of an apartment which commu¬ nicated by a small flight of step3 with that of the king. The duke of York, whom I had informed that all was ready, sent Chaffinch to receive and conduct Mr Hudelston: he next said aloud, ‘ Gentlemen, it is the king’s wish that every body should retire, except the earls of Rath and Feversham.’ The former is first lord of the bed-chamber, and the latter was this week in waiting : the physicians withdrew into a closet, the door of which was shut; when Chaffinch brought in Mr Hudelston. In presenting him, the duke of York said, * Sire, here is a man who saved your life, and who comes at this moment to save your soul.’ The king replied, ‘ He is welcome.’ He then confessed himself with sen¬ timents of great piety and repentance. The count of Castelmelhor had taken care to have Hudelston instructed by a Portuguese bare-foot- ed Carmelite what he was to say to the king on such an occasion, for of himself he was a man of no great acquirements. But the duke ot Vork told me he acquitted himself very well, and made the king formally promise, in case ot his recovering, to declare himself openly to be a Catholic- The king next received absolution, the communion, and even the extreme unction. All this lasted about three quarters of an hour. The persons in the antechamber looked at one another, but nothing was expressed except in looks or whispers. The presence of the earls ot Bath and Feversham, who are protestants, has somewhat removed the apprehensions of the bishops; but, nevertheless, the queen’s women, and the other priests, saw so much going and coming, that 1 do not imagine the secret will be long kept. “ After the king of England received the sa¬ crament he had a short respite of his illness. It is certain that he spoke more intelligibly, and had more strength; wc had already begun to APPENDIX. hope that God was willing to w ork a miracle in curing him ; but it was the opinion of the phy¬ sicians that his malady was not diminished, and that he could not survive the night. However, he appeared much easier, and talked with more feeling and understanding than he had yet done, from six o’clock in the evening till eight o’clock the next morning. He spoke several times aloud to the duke of York, in terms full of affection and friendship; he twice recommended to him the duchess of Portsmouth, and the duke of Richmond; as also all his other children. He made no mention of the duke of Monmouth, neither good nor bad. He often testified his confidence in God’s mercy. The bishop of Bath and Wells, who was his private chaplain, said some prayers, and spoke to him of God; the king moved his head to show he heard him. Tile bishop was not over-officious in telling him any thing particularly, nor in proposing to him to make a confession of his faith : he was appre¬ hensive of a refusal; and feared still more, as I think, to irritate the duke of York. “ The king of England retained his senses throughout the whole of the night, and talked of several things with great calmness ; at six o’clock he asked what hour it was, and said, ‘ Open the curtains, that I may once more see the day.’ He suffered great pain, and at seven o’clock was bled, under an idea that it would alleviate his sufferings; at half-past eight o’clock he spoke with great difficulty; about ten was senseless; and calmly expired at noon, without any con¬ vulsions. The new king retired to his chamber, was unanimously acknowledged, and afterwards proclaimed. “ I have thought it my duty to send your majesty an exact account of what passed on this occasion, and 1 esteem myself very happy, that God has bestowed upon me the favour of having a part therein. I am, &c.” The king’s reply, dated Feb. 20, 1685, is as follows: “ Monsieur Barillon, your two letters, of the 12th and 17th of this month, have been delivered to me by the messenger which you despatched : and I learnt with surprise, and very sensible affliction, the sudden death of the king of Eng¬ land ; it is however no slight consolation for me to be informed by the same letters, of all the blessings which God bestowed on that prince in the close of his life, and of the happiness which he had in profiting so worthily of them. “ [All that passed in his last moments, however, will be kept very secret on my part.] “ I inclose to you the letter which 1 have myself written to the king his brother; and in delivering it to him, you cannot express in too strong terms, how much I am interested in every thing relating to him, and the pleasure IV. 497 which I shall always feel in contributing to his advantage and satisfaction. “ Observe particularly what is the present disposition of men’s minds, as well in the court, where you are, as in the city of London, and the country ; what measures are adopted by the opposition cabals against the royal authority and the catholic religion ; what are the intrigues of the prince of Orange, and the duke of Mon¬ mouth; who are their principal promoters; if their faction be powerful ; what measures are adopted by the duke of York. “ [What may be the force of the catholic party in England ?] “ On the subject of religion, if he intends to issue a proclamation allowing the free exercise of all religions, and consequently of the catholic. Whether or not he will set at liberty the catholic lords confined in the Tower; on whom the said king will confer the principal offices; what mea¬ sures he takes to make himself master of the sea¬ ports, and most important places ; if he can depend upon the troops maintained at the ex¬ pense of the crown ; if the principal commanders are attached to his interests ; who they are whom he ought to suspect, or in whom he can with safety place his confidence.” Louis goes on to state, that as a pledge of his willingness still to aid his brother of England with subsidies, he had sent a bill for 500,000 livres; and Barillon in his next letter conveys the thanks of James for this unexpected and truly acceptable gift! He then adds: “ Yester¬ day the king of England went publicly to mass in a small chapel belonging to the queen consort, the door of which was open. This has caused people to speak very freely,” p. 27. On this, says Louis: “ The king of England cannot take a better part for the good of his kingdom, and the ease of his conscience, than to attend mass publicly.” And on March 16, 1685, he thus writes to Barillon, p. 50: “ There is a great likelihood that as the king of England now makes a public profession of the Roman catholic religion, he will soon request from the pope bishops of that persuasion ; and as there cannot be a doubt that his holiness will elect them out of the English clergy, amongst whom I am in¬ formed there are many persons infected with Jansenism, I should be glad for you skilfully to acquaint his majesty how much it is to his in¬ terest carefully to distinguish those, so that in the good example he sets to all his subjects be followed in the way it is to be wished, the king¬ dom, in escaping from one heresy, may not fall into another, which would be scarcely less dan¬ gerous.” The following passage in Barillon’s reply speaks volumes with respect to the charac¬ ter and designs of James at this critical juncture, p. 56: “ Yesterday evening I had a long conver- 3 R 498 APPENDIX. 3»,tion with the king of England ; we recapitu¬ lated all that had been said with the ministers, with which they had made him acquainted. I knew that the earl of Sunderland had spoken to him fully of all we had said, and that he had represented to him the necessity of unreservedly entering into a close alliance with your majesty. The king told me, that I knew his views and designs better than his own ministers, that he had not been so explicit to them as he had been to me respecting the establishment of the catholic religion ; that, previous to the session of parlia¬ ment, he must conceal his designs, and not allow it to be discovered to what point he wished to conduct affairs; that in reality he knew that his safety depended on an intimate union with your majesty, and placing the catholic religion in a state not capable of being overturned ; that it is his design to accomplish this as soon as he is able; that, however, I must represent to your majesty how important it is for him to be assist¬ ed in so great an undertaking ; that his first pro¬ ceedings with his parliament would be decisive; that those who might wish to thwart him would miss no opportunity to prevent his success ; that perhaps your majesty would learn too late what you ought to have done, and that what will be necessary at present is far less than what your majesty would at a future period be willing to contribute, should you see the monarchy and the Roman catholic religion likely to be destroy¬ ed in England.” “ I rely entirely,” said his Britannic majesty, “ upon what you tell me; but represent to your master, that what he may now do will set my mind at rest, and will make me act with a firmness and confidence which I cannot assume if I am not fully'- assured,” p. 57. On this, provision was made by Louis for the payment of two millions of livres, (including the 500,000 already granted,) the greater part to be actually paid, says the king, “ only in the event of parliament adopting such a line of con¬ duct as may oblige the king (James) to dissolve it; or on his finding so much opposition to the establishment of the Roman catholic religion as may compel him to employ force against his own sub¬ jects." — App. to Fox, p. 59. Lord John Russel, in his Essays on Govern¬ ment, makes the following remarks on the char¬ acter of Charles and of James. “ It is difficult to say for what reason Charles, a witty and heartless (unfeeling) man of plea¬ sure, embarked in the vast undertaking of mak¬ ing himself absolute. Perhaps it was only to please his brother. The ready way of accom¬ plishing this design, once adopted, was, as he conceived, to obtain money and troops from France. And as his father’s throne had been overturned by religious fanaticism, he proposed to lay the foundation of his own upon a religion of blind obedience. The scheme not running on smoothly, however, he gave it up, partly from laziness, and partly from prudence; contenting himself with charitable donations from F’rance, from time to time. “ James formed his designs on another mould. He settled in his own mind that he would make himself an arbitrary king, and the Roman ca¬ tholic religion the religion of the state. Which of these projects he intended to finish first, I own, does not seem to me to be worth very anxi¬ ous dispute, as it is very clear that both objects were in his view. He pursued them with that stupid obstinacy, which is so frequently fatal to a man without talent. His want of sense was accompanied, as it often is, with a want of heart ; and as he could not himself reason, he felt no pity for those who could. His opinions appeared to his own mind infallible truths, and he knew no method of convincing those who doubted, but by executions.” No. II. — Letters from MiWard to Mr Brown. Dr M‘Crie, in his “ Notices of Colonel Wal¬ lace,” alludes to “ two letters” from M‘Ward to Brown, of September and October, 166C, in which reference is made, though “ in a conceal¬ ed style,” to a correspondence between the cove¬ nanters in Scotland and the government of the Uuited Provinces, with the view of assistance to their cause. The following are the letters alluded to, and they are now for the first time published. Unless we had the key to unlock the “ concealed style ” of the first letter, it would be impossible to say what may be the precise topics alluded to in the letter ; and we are decid¬ edly of Dr M.’s opinion, (Lives of Veitch, &c. p. 379,) that there “ does not seem to have been any connexion between” this correspondence “ and the rising in Galloway,” which issued in the battle of Pentland. The second letter is in itself an excellent and interesting document, and will, we have no doubt, be acceptable to our readers, as illustrating the characters both of M‘Ward and Brown. ORIG. MS. IN BIBL. JURID. EDIN. JAC. V. I. II. ART. S. “ Utright, Sep. 15, 1666. “ My very Deare Brother, “ 1 received yours, wherto I intended as ane answer a few heavie lines, for it made me more apprehensive of your hazard than ever; but at present I most forbeare, that I desire grace to importune him for turneing away that which I fear, that even in this he may have mercy upon us, that we may not have sorrow upon sorrow, i Its true, to you to die were gaine, but your abode in the flesh is more neidful for us. He knowes (if it were fit to speake so) that we may APPENDIX. 499 not want such who, for the work of Christ, brings themselves neir unto death, not regarding their owne lives, to supplie other men’s lake of service to his bleiding interests, his broken¬ hearted people, and borne downe cause, which he hath helped you to doe. I have sent you that piece of Mr Rutherfoord’s ye wrot for, together with this piece of Burman’s, wherein he be- wraies more of a perverse spirit than in any of the former; and thus it holds true, that evill men and deceivers waxe worse and worse, de¬ ceiving and being deceived. I have also sent you a piece written by a student (whom I re¬ member I heard debate with him publicly upon this head) against his idea. If his pride will permitt him to take notice of it, I know not but its like he will prompt some of his brood to de¬ bat with the other. I have also sent you a cata¬ logue, not so much for yourself as for Mr Livingstone, to whom I could not writ at pre¬ sent. Desire him, if he have a mind to any of these Chimich books, to send me a not of them, and I shall buy them for him if they be not deir ; but let it be sent, if possible, with the Tuesday's scout, for the auction begins upon Wednesday, and they will begin at the end of the catalogue. I know the provest told you, that I had met heir with a friend of yours, whom ye would know by the designation I gave of him ; and I pro¬ mised also, in my last line, to give you an ac¬ count of ql past, which is this : — Mr Boid, ye know, was very anxious about that parcel of goods which were bespoken for Mr Steill, and apprehended that the merchant who had been put to so much pains to provid them, might look upon him as one that dealt not fair. He was about to writ an appologie, but first he made a key, and while he was about finishing of it, your friend came, which Boid looked upon as a very favourable providence ; whereupon Boid went to salute him, and was made welcome w‘ much civilitie and affection. Mr Strong’s friend pre¬ vented Boid’s appologie, and tho1 his friend car¬ ried like a prettie merch* in not sending for these goods qn not onely yr is so much sea haz¬ ard, but qn Bark nor Howard could not have done any thing in bringing them safe to his hand. But because I shall not trouble you, (nor have I at present so much time,) as to relate all that past between Mr Boid and him, tho’ I know it all, I shall onely at present tell you where they left, (if Boid informed me right,) which was this, — that if Park came to a good market, Mr Strong would then expect what Steill would doe, (for yl otherwise he confessed yl it was not rationall to exspect it,) for whom he had prepared the goods ; but Boid told him, that the time being now so fare spent for selling of stuffes and silks, he could not confidently say that Mr Steill or Peers would call for these goods he had bespoken, thoe they were very de¬ sirous to doe it, and were thinking still on it; but he desired to know of Mr Strong’s friend and factor whether he might not signifie this to Mr Steill and Peers, that though they should not find it their advantage to order the sliiping of these goods so soone as was expected, yet if he might not assure them from Mr Strong, that unlesse Stanely were agreed with to take the whole off Mr Strong’s hand, that he would still reserve that small parcell for Mr Steill that was bespoken for his use. He told Mr Boid, that unlesse Stanely were agreed with to take the whole, that he would not fail to doe so for Mr Steill, whom he took to be arie honest man. Next, Boid urged him with this further, thatin case Mr Peers were put to sell his goods at a low rate, because of the fall of the market, whether in that case he might not assure Peers that he would, upon the first signification thereof, let him have such commodities as would goe better off his hand, and make up the lose he had sus¬ tained, by being necessitat to let his goods goe at what price he could have, and as the markets ruled. He assured Boid of this also, provideing he could deale with Ffraser, or any other honest man to whom he might deliver them. This is the substance, if I remember right, of what was most material betwixt them, and the result of severall meetings. Mr Strong’s factor likewise undertook to send Boid word when he thought things were most favourable for Mr Steills driv¬ ing a trade; and to this purpose Mr Boid gave him a key for corresponding, and is to send him a memorandum about some things Mr Boid de- sireth me to show you, that he would know your opinion of this affair, with your owne conveni- ency and your neighbours. It is not like I will be with you shortlie, unlesse your condition call for it, which I hope the God of our mercies will prevent. The sweet and comfortable presence of God, even your owne God, whom ye have served, and doe serve in the gospel of his Son, and for whom ye suffer, be and abide with you for ever. I am, my deare brother, “ Yours, R. Me. “ I must entreat you, if it be not troublesome to you, to send me up to morrow my Spanhemii Dub. Evangelica: they are in the great presse. Also cause trie among the sheets of Mr Ruther¬ foord’s Letters if there be ane R. R. which is the last sheet, for I want it to compleat one. I desire likewise, for some reason, that ye may writ to me peremptorily to come downe, that I may make my owne use of it, as I find conveni¬ ent ; but if ye find yourself worse, or no better, then say this or the like, — I desire to see you, because of my growing or continueing weak- nesse; for in that case I will lay aside all things that might hinder ; otherwayes I think hardlie I shall see you at this time, for I cannot so well correspond with your friend, ye know, of their 500 APPENDIX. as heir. If worthy Labadie come to see you, j ffov the French synod have begun to perseout i him allready, and have summoned him to appear at Amsterdam, to answer to a committee that they have appointed to question him about some things: they pretend he favours the Millianary opinion, but the truth is, they cannot bear his zeal for God:) if he come I say, be very kind to him, and ye may think if it were not lit to have him dineing with you. “ I am much taken with the man for the great report he hath of pietie, zeal, and learning, and for which he is in reput amongst all the godly who know him. “ Send up my books on the resceet which I have sent you for that purpose.” L VIII. JAC. V. I. II. ART. 9. “ Me IV. to Mr Broune. " Utricht, Oct. 20, 1666. “ My very Dear Brother, “ Yours (with the inclosed) came to my hand, wherby I see the cause of my former fears (which were almost evanished) as greater and growing. What shall I say; it may be, that as a compleating of your testimony against the apostasie of this generation, he will have your bones rise at the last day in the land of your ex¬ ile, the consideration wherof may mak your bed soft, and perfume your cold and stinking grave, and cause you leave us singing, while we behold you on your journey with weiping and watrie eyes. If it should be thus, what shall I say? O for grace to say what I ought, and to com¬ mand my soul silence in these things wherin he is not to be called to ane account; and yet I would faine hop he will hid that sorrow from the eyes of his poor servants, and defer the day of your triumph till we and the work of God may better want you. In the meantime, give not way to ane unprofitable overplus of anxietie ; hold fast the rejoyceing of hope firme unto the end — that lively hope wherunto he hath begotten you, hath two parties to confiiet with, on is the smiles and frownes of the world, and he hath engaged you allready with that partie, and after some bouts with it, to the commendation of his grace, he hath brought you honourably off, and helped you to hold fast his name, and not deny his faith. The other partie will fight you in at heaven’s gats; but let the helmet of hope cover your head against all the darts the devill throws at you. Se to the breastplate of faith for guard¬ ing your haart, and the helmet of hope for se- cureing your head ; and then you may, when surrounded with hell from without, and sadly assault with feares because of guiltinesse from within, sing in the valley of the shaddow of death. What shall I say, my deare brother, but wrap up yourself within that weill ordered covenant, which is all your salvation, and all | your consolation (wherof ye speak) : and thus ! haveing your head in his bosome, ye may rest, sweitly and sleip soundly, blow what weather will ; the devill cannot raise a storme which will make your anchor drive els cast within the vaile, and Christ must see to the holding of it, and this is your happinesse. “ Let me beseieh you to writ, or cause writ, to me constantly how ye are ; and if ye find any change to the worse (which he may prevent) let me know. Be not sparing of my person or pains, for I will come upon the least hint that ye would have it so, tho’ I can doe no more but sigh by you. I perceive by the last from our friend, that we have never understood who Mr Wallace was.* I thought still it had bein Mr Waller, and supposed that it was onely wrong written in that paper given to us ; but now ye may see who it is by this, that he saith that Mr Wallace lets the money he hath borrowed for Stanely ly, contrair to Mr Steill’s expectation, in Mr Fraser and his neighbour’s hand. Ye will see 1 say by this whom we are to understand by Mr Wal¬ lace; and I confess, his letting it ly in Frazer’s hand ministers matter of thoughts to me. I am glad that our friend is gone to speak with Mr Steill and Peers. I shall say no more for the present, but that I am “ Yours. “ Let me know whither you can learne, by any hints from Mr Stevenson or Mr Monteith, any thing concerning their being privie to Mr Strong and Mr Peers bargan and trade. Vale. Addressed to “ His reverend and deare bro¬ ther, Mr John Browne, minister of the gospel for the present at Rotterdam.” No. III. — Part of a letter from Mr M‘ Ward to a friend, occasioned by the death of Mr John Brown of Wampliray. “ My friend, “ I may have occasion to write more parti¬ cularly to you afterward, but this I must tell you, during all the space we were together in the country, I observed him (his chamber being just above mine) to be as much in prayer and com¬ munion with God as ever I observed any; yea more, insomuch that my esteem of him grew above whatever it had been, though, as 1 had good cause, there was no minister now alive in the church of Scotland in the same class with him, in my esteem and account, for abilities, fixedness, faithfulness, and pure zeal, according to knowledge; and to sum up all, I must say, * It seems very obvious that this could not be colonel Wallace, the distinguished leader of the covenanters at Pentlaud. The use of fictitious names was very com¬ mon among the refugees at those times, and for an ot> vious reason. — Ed. APPENDIX. 501 alas! the witness of the church of Scotland; the man who stood in his master’s counsel; the man who stood in this evil day, when men of under¬ standing have fallen ; the man who withstood the present course of defection ; the man who, in resisting of adversaries to the truth, of all sorts and sizes, was helped to do valiantly, and made able to do exploits for his God; the man who, while the archers (his brethren I mean, for these have been the bowmen) have sorely grieved him, and shot at him, and hated him, yet his bow abode in its strength, and the arms of his hands were made strong to his very grave, by the hands of the mighty God of Jacob. I say, alas! this is the man taken away from us; and I must say this further, (which I am content you acquaint as many with as you please, for I intend to say more of him and more publicly) that I look upon his removal, in our present circumstances, as a greater stroke upon the church of Scotland, than the removal of any now alive in it could have been by many degrees, how hateful soever it may render me to such who hated a man so greatly beloved of his Lord and Master, to have the reasons of what I have now said rendered ; yet as the Lord may, and 1 hope shall, prepare me to bear that load above the burden they have already laid upon my loins, so they must prepare themselves to hear these set before them. And, my friend, I give you warrant, moreover, to let as many know as you please, that however some were pleased to give it out that there was a dif¬ ference and dryness betwixt us, (because many wished it, and would have had it so,) yet it pleased the Lord to keep us (till death hath now made a separation) of the same soul and senti¬ ments, on all things relating to the public work and interest of Christ ; yea we were more so than ever. 2 dly, That however they may please themselves in the hope that, now Mr Brown being removed, they will have little to do to trample upon the poor undought (weak, puny creature) that is left behind, yet not only giving, but granting and asserting, that that great master of reason, who, in pleading for his Master, was more than match to the greatest of those who opposed him and the truth, and that interest he owned, is indeed gone, so that, in comparison of that great man of God, they have now but a poor empty nothing in his place, (he before whom I now write this knows that 1 look upon myself in respect of him as such,) whom its easy to run down and tread under foot, — I say, giving and granting all this and more, yet as I hope the Lord in his mercy to poor me will never leave me to a turning aside from these paths, wherein with so much oneness of soul we have walked together, so through liis strength and grace I am resolved there shall no man attempt the straining of the memory of that famous man, (who in all re¬ spects is of more blessed memory than all who will make the attempt,) but I will essay, poorly as I am able, to vindicate him ; and if I can do it no other way, then I will set myself down, till the Lord raise up one who can, to wipe away their black ink off the face of that famous light with the tears of a bleared eye. But it may be my blessed and compassionate Lord will, by shut¬ ting my eyes ere long, give me an escape from this windy storm and tempest; and I hope till that day he will not suffer me to be tempted above what through grace he will make such a weak wregling * able to endure, but that with the temptation he will make a way to escape, that I may be able to bear it. O pray for this to me, and put all my friends to pray for the same, to poor desolate me, deprived of my brother, father, companion and guide, and so left alone. But he lives who is a God and guide. He lives to be a leader, who brings the blind by ways that they know not, and leads them in paths that they have not known ; who makes darkness light before them, and crooked things straight : and now let him do these things to me, and not forsake me; and then the forsakings, reproach- ings, and buffetings of all will be easily borne. I say again pray much, and put all my friends to pray much, for poor and desolate me; that to me, poor and weak me, it may be given to stand and withstand in this evil day. I hope he will hide me in the grave ere he leave me to concur with the courses carried on in that poor church at present; which, however some may look upon as the dawning of the day of delivery, shall prove far otherwise. O! a dangerous delusion and deceitful dream it may be. It shall not be long to the day when God shall convince such that they have a lie in their right hand. But here I break off. ” This copy is not in M'Ward’s hand, but is indorsed by him thus : — “ A part of a letter to a friend, giving an account of Mr Brown’s death, and my present condition.” No. IV. — Letter from Mr Geo. Campbell, ( pro - fessor of divinity at Edinburgh after the revolu¬ tion,) to Mr Robert MGVard at Rotterdam , on the subject of the indulgence. « BTay, 1678. “ I received yours, for which I tlianke you, as also for the expressions of your affection con- teind therin. The great ground of my aprehen- sion of your dissatisfaction with me, was your silence in the tyme of my sore trouble and dis- quietnes, wherein I expected a line from you. I likewise heard of late, that there was a letter from you that did a little touch me, by way of | • Wrigling, the youngest or feeblest bird in a nebt — a [ sickly, puny child. — Ed. 50c2 APPENDIX. reprehension Tor concurring with some others to write to one for desisting from somwhat design¬ ed by him. I wonderd that ze did not rather writ to me, than of me, what ze judged was blamable. I shal not nou trouble you with a vindication, only I desir ze may consider these feu particulars. 1. I was not in the meeting when that matter was tabled. 2. Some came to me, and pressd me to joyne with others in that letter, becaus of my acquaintance. 3. It was bot a little forbearance that was desired; yea, 4. It was not so much a forbearance of the de¬ signed work, bot of such a maner of it at such a tyme. And it was upon grounds, which very upryt and understanding persons of severall ranks thought rational, and such as in Christian prudence myt have place and weight; and it may be, if ze bad been on the place, ze myt have no less inclind to than others. I can assure you none did ever endeavour to alienat me from you, neither heard I any of our bretheren speake un- becominglie of you or of Mr Brown ; bot still I hear them expressing themselves with great ven¬ eration for, and affection to you both; only I have heard some regrat, that some privat persons here, who know not the state of affairs weell, take upon them to inform you and others, and that they are still so unhappie as to misinforme you ; and that ze should suffer yourselves to be too easilie impressd with representations from some hands not so fitt to give them ; and that ze doe not much rather desir some others, and especiallic Mr Ker, to give you ane account of maters; and that some with alhsobernes regrats that letter should be spread among the people, which they say tend to alienat them from faith¬ ful ministers ; and that use is made of your names, and, as is given out, with your warrant so to doe; and that whatever be in the indul¬ gence, its humblie conceived a neu rent and breach should not be made nor kept up on that account, seeing thes bretheren are godlie and able men, and doeing much good many of them ; and that they are stedfast in principles, and doe de- clar so much frequently. I sau of late somwhat written by som of thes of greatest account against Stillingfleet and the survey, which did greatly please and satisfie me. It may be, if ze wer here, ze wold be no lesse dissatisfied with some others than with these men ; and 1 am persuad¬ ed ze wold advise some to forbear somthings, and to caiTy otherwise in many things. All the account I can give at present of news is, that ther are many prisoners nou in this place and elswher : ther wer on Moonday last upwards of tuentie taken in from Kirkliston : ther is great severitie breathed out here, and dailie per¬ petrated : what may follou on our convention, or hou that business shal goe, we cannot tell ; bot many are afraid that ther may be great trou¬ ble to not a feu, great and smal : duke Ham- milton is on his way: our commissioner threat¬ ens much, and carys highlie : they talk that ther are many Inglish forces lying on our border: things look very break like; we look like the voful day ; bot Zions’ king lives and regnes. I shal add no mor, onlie desiring to salut your wif, son, Mr B. and Mr Fforb. * with other friends. I rest your, to power. “ M. chifly wonders what is done with . . [cannot decypher a word or two.] This letter is indorsed in Mr Ward’s hand, “ Mr George Campbell, May, — 78.” Mr John Welsh was the person to whom Campbell, &c. had written, requesting him to avoid a sacrament with an armed attendance, it is supposed about September, 1677, when there was an expecta¬ tion of a more liberal indulgence, which met such opposition from the bishops, that Lauder¬ dale gave way, and the plan of the Highland host was adopted. No. V. — Letter to Gordon of Earlston, from a convention of covenanters at Edinburgh in con¬ nexion with Mr James Iienwick, vindicating themselves from certain charges which had reach¬ ed Earlston, and which had cooled him in his attachments to them. TO THE MUCH HONOURED ALEXANDER GORDON OF EARLSTON. “ Much Honored Sir, “ We, being met in a general convention, held at Edinburgh upon the ii day of October, and continuing together until the 12 day there¬ of, while that all our acts (for this tyme) were enacted, and appointments concluded : so, after all this,' we being ready to dismiss, your letter came unto our hands, which unto us was both grieving and astonishing : we, therefore, have found it to be (at this tyme) indispensablie our duty to concredit and send the bearer heirof, Mr James Iienwick, who was present with us at all our conventions since we pairted with you, and being (in some measure) soon (sound) in both the matter and manner of our proceedings in these conventions, referring you to our acts enacted at all our conventions, and to his inform¬ ation according thereunto : and requiring that ye would not give ear to the base calumnies and misinformations of any person or persons who iabour (most falsely) to give us out as the au¬ thors of things directly contradictory to our acts, appoyntments, or resolutions ; and also of things neither by word or wryt ever concluded by us or any of us ; and that you may be the lesse sus¬ picious of us, we do in the sight of God declare, that as to our dewty in this day, we are juste altogether standing where we were when ye • Understood to be colonel Wallace. APPENDIX. 503 were cloathed with our commissions. Testify¬ ing our adherance to all dewties, and our separa¬ tions from all the sins, yea and from all persons guilty of gross sins, which our faithful worthies, to witt Mr Donald Cargill and Mr Richard Cameron, taught to be grounds of separations, according as the bearer heirof can and will testi- fie, and as his letters (if this be come to your hand) have testified; we likewise leiving you to his informations in severall particulars, yea all necessarie, which wee cannot now heir insert. In witnesse heirof (leiving you on the Lord) we have subscribed thir presents, with our hands at Edinburgh the twelve day of October, | a | b | obr, eighty-two (1682) years. “ (Signed) George Hill, presses, Robert Good¬ win, John Smith, Edward Aitken, James Edward, John , Edward Somer- well, John Cader, John Somerwell, John Wilson, Alex. , John Louckup, J. Lining, William Hardie, James Bell, "Wil¬ liam Nairne, John , John Neilson, James Muir, Thomas Deyr, David John¬ son.” * No. VI. — Representation of the procedure of the circuit court for Berwick, Roxburgh, Selkirk, and Peebles, in 1G84, from the minutes in the Register Office. These had not been seen by W odrow. “ The e. of Belcarres, Id. Yester, and laird of Drumellier, having, in prosecution of his ma- jestie’s service as commissioners of council and justiciary, met at Dunse, in the tolbuith thereof, issued forth precepts calling all the ministers, elders, readers, and bedles, also the whole here- tors of the said shire, to meet at Dunse upon a precise day; and, accordingly, they having com¬ peared, the lords did take themselves a just and strict accompt of all church disasters and irregu¬ larities, harbouring and resepting of rebels, to¬ gether with many other things contained in the interrogators herewith produced ; and after de¬ lation was made by the forsaids persons, the lords of council did ordain his majestie’s advooat- deput to raise a lybell against the delinquents, and did appoint messrs at arms to call them ac¬ cordingly to compear before the lords at a precise day. “ At the day of compearance, his majestie’s advocat did insist against the delinquents upon the haill heads contained in the lybell, as it seemed most convenient for the good of the gov¬ ernment ; and whether the delinquents were such as withdrawers from divine worship, or irregular baptizers of their children, since the * The above MS. was communicated by Mr James Smith, Glasgow, a member of the reformed presbyterian congregation iu that city. act of indemnity, or resetters of rebels and trai¬ tors, and the lords considering that that part of the libel in relation to the withdrawing from the church, was referred to the oath of the per¬ sons insisted against, and that it was hard for them to remember how they had keeped the church for such a space, they ordained the advo¬ cat to restrict the libel, as to church disorders, to two years preceding the citation. As to the first of these, it they were mean and insignificant persons, such as cottars, herds, servants, the lords, for security of the country, did ordain them to enact themselves, in the terms contained in the bands in the clerk of council’s hands ; and these who were tenants, and of any substance, and were not fined before, were not only ordained to subscryve the said band, but likewise fined, con ¬ form to the act of parliament. If any of the saids delinquents were obstinate, and appeared to be of bad principles, the lords did ordain that the oath of allegiance should be tendered to them, together with the forsaid band ; and if they hap¬ pened to refuse to subscrive the oath of allegiance, the lords decerned they should be banished to his majestie’s plantations. “ As, likewise, many of the forsaids delin¬ quents, upon their appearance before the lords of council, appeared to be weak, aged, infirm crea¬ tures, and several of them beggars, the lords did dissmis the saids persons, in respect it did ap¬ pear to them, that their disobedience did not flow from bad principles, but from weakness and poverty, as said is, and that they promised to live regularly in time coming. And such as upon the dilation did appear to the lords to be weak and indigent persons, and worthy to be noticed by the government, were given in list to the sheriff of the shire, and he strictly ordained to proceed against them, ay and whill they were reduced to regularity, and report an accompt to the lords of his majestie’s privy council. The lords lilceways finding, that there were many of the delinquents absent the time of the calling and reading of the lybell, they did ordain the clerk of privy council to draw out an exact list of their names and designations, which list was likewise delivered to the sherriffs of the shire, who were commandit to apprehend the absents, and send them in prisoners to Edr- to be disposed of as the government thought fit. “ Likewise, the lords of council having called before them all who were dilated for recept, and the wifes of such as were forefaulted or de¬ nounced fugitives for recepting their husbands, the recepters being very few in number, and very mean quality, they were assolzied upon their taking the oath of allegiance and the test; and the wifes of fugitives and forefaulted persons were ordained to be extruded out of their houses, and to remove themselves and family off the ground where they lived. APPENDIX. 501< “ And such of the reeepters and intercom- muners as were obstinate and contumacious, and would not subscrive the oath of allegiance and take the test, (after the lybell was restricted and referred to their oath, as said is,) were banished to the plantations, and ordained to be carried prisoners to the tolbuith of Edr- “ The lords commissioners forsaids having is¬ sued out a proclamation of safe conduct, espe¬ cially to all those who were denounced and printed fugitives, for being in, or accessary to, or airt and pairt, of the late rebellion in anno 1079. Several of the saids fugitives, following the faith of the said safe conduct, and in obe¬ dience thereunte, having come in and entered themselves in prison, and upon humble repre¬ sentation to the lords by bill, wherein they shew¬ ed their willingness to comply with the govern¬ ment, and did ther detest and abhorrence of the crimes of rebellion for which they were de¬ nounced and declared fugitives, were ordained to be relaxed, and set at liberty, and the dyet deserted against them, upon their taking and subscriving the test, and enacting themselves for their regular and orderly behaviour in all time coming. “ The lords commissioners forsaids having called before them Mr Jas Fletcher, minister at Neuthorne, who was the only indulged min¬ ister within their district, and his majestie’s ad- voeat-deput being ordained by the saids lords to proceed against him for not observing of his in¬ structions, the verity whereof was referred to his oath, in place of any further probation: and in respect he did judicially confess that he had not observed the saids instructions, the church wherein he was indulged was declared vacant, and he ordained to be committed to prison, ay and wliill he should find sufficient caution not to exerce nor exercise any part of the ministerial function within this kingdom or otherwise to remove himself furth thereof; and upon his ap¬ plication to the saids lords, declaring that he was willing to find caution under the pain of 5000 merks, he was instantly ordained to be set at liberty. “ Such other ministers as had been indulged or connived at, before being convened before the saids lords for ther withdrawing from the ordi¬ nances in their several parish churches, were ordained to give band to compear before the lords of his majestie’s privy council at Edr- to answer for the saids irregularities when called for; which accordingly they gave, arid are extant in the hands of the clerks of council. “ The saids lords likewise having called seve¬ ral heritors, whose wives had been withdrawers, they were proceeded ag* upon his majestie’s let¬ ter ; and in respect that the most part of them were lying under process before the lords of his majestie’s privy council at Edr- the saids lords superseded any further procedor against them till the event of the said process, in respect the said wives were now regular; but such as were not fined by the delegate judges for their wives’ irregularities, were fined by the saids lords, con¬ form to the act of parliament, the verity of the libel being referred to their oaths, and they either refusing to depone or acknowledging their de¬ linquency ; and some of them did give band and caution to pay the saids fines. “ The lords, likewise, for the good and ad¬ vancement of his majestie’s government, did, upon information given to them, order his ma¬ jestie’s advocat-deput to proceed and insist against several persons in public trust, upon the heads of oppression and malversation in their respective offices; and after strict inquisition thereof, and the deposition of several famous witnesses adduced, and the wryts produced for proving their respective libells, they gave and pronounced decreit and sentence against some of the saids persons who were guilty ; and they were ordained to lye in prison whill they found sufficient caution for payment of the sums wherein they were fined, and were likewise de- ' dared incapable of all public trust. “ The said lords, upon considerations best known to themselves, did remit some, and con¬ tinue others, of the saids persons convened be¬ fore them for the saids crimes, to compear at Ear-the thrid Thursday of Novr next, to answer to the crimes contained in their libels. “ The saids lords finding that several de¬ nounced fugitives and other delinquents had fled into Ingland and other places, a little before the saids lords their coming to the country, they recommended to the governor of Berwick to take and apprehend the saids persons, and to re¬ port to the lords of p. council an accompt of their diligence. And as to the other absents who did not compear, being cited for irregularities and other crimes, the saids lords, conform to the let¬ ter from the secret committee, did not denounce them, but held them confest, and delivered lists to the sherriffs; and ordained them to search for and apprehend them, and send them prisoners to Edr- and to make report. “ This being the method in relation to church disorders, and other particular crimes, which was taken by the saids lords commissioners of his majestie’s privy council and justiciary in their district. “ The saids lords were pleased, by proclama¬ tion issued furth be them, to call in the whole heritors of the said shires; and for the better prosecutione of his majestie’s laws, and settle¬ ment of the country, they did propose to the saids heritors what should be taken for securing of the peace; and the saids heritors having met amongst themselves, they did most unanimously make such proposals and offers as are at mair APPENDIX. 505 length contained in their address, which are here repeated brevitatis causa.” “ Dunss, first of Oclr- 1684. ft The lords of his majestie’s privie couucill baveing written to the secret comittie, atient some queries wheranent ther lordships would be resolved, the lords of the secret comittie gave ther veturne, qrof the tenor folio wes: — Edr- the 30 of Septer, 1684. My lords, the offer made by the gentlemen in your district of two moneths’ cess, is, in our opinione, a demonstratione of yr good will, and that this offer being to evite the farr greater trouble of quartering a number of the northerne militia, and of haveing ther owne militia frequently called to suppress rebells, ther can be no danger for the commissioner of the shires to contracte the giveing of the cess, to evife the greater expence, als weell for absents and minors as for themselves, since it is to the advantage of all ; and wee presume the secreit eomittee and councill will be of this opinione when they meet : and untill they meet, the shyres are not to be burdened with aither of ther militia. Meanwhile, your lordships (no doubt) will proceed according to your instructions against all who shall be found guiltie of treasone, conniveing and hounding out of rebels, reseiting or intercomuneing with fugitives; as also against these who are guiltie of church disorders: and when the councill returns, the gentlemen shall have a return as to their dutiefull offer. As to ther queries, it is our opinione, that the legall observers, albeit they cannot be punished for that, yet they are to be considered as suspect persons, and therefor not only proceeded against strictly on the other crymes, but may be urged with the oath of alledgiance : as to fugitives who come in on saife conduct, and offer cautione to compear, they may be relaxed by your lordships. Wee shall try for such as are fugitives from you, and if any such be found, they shall be secured. But Abba and George Home are gone out to wait on you before this letter came to us. If yr be any thing further to be comunicat to us, they shall be werie Wellcome to your lordships’ most affectionat freinds and humble servants. (Sic subr- Drummond. Geo. Mackenzie. Geo. M'Kenzie. Postscript thus, — As to Mr Daniel Douglas, he must be bound up one way or other, and thos who make use of his manufactory weell payed. Wee ware forced to keep Mr Charles Gray till 2 o’clock.” No. VII. — Information respecting the conceal¬ ment of Sir Patrick Hume under the church of Polwarth, when he escaped from the persecution of the Duke of York. From the Appendix to Rose's Observations on Fox’s Historical Work. “ Sir Patrick married Grizzel, daughter of Sir Thomas Kerr cf Caverse. Their eldest daughter, Grizzel, was borr. at Redbraes castle, 25th December, 1665. She, when only twelve years of age, commenced (as will afterwards ap¬ pear) a very interesting intimacy and friendship with George, son of Mr Robert Baillie of Jervis- woode, to whom she was married, 17th Septem¬ ber, 1692. Of this marriage there were two daughters — Grizzel, who made an unfortunate marriage with Sir Alexander Murray of Stan¬ hope, and Rachel, who married Charles Lord Binning, eldest son of Thomas sixth earl of Had¬ dington. — Grizzel, Lady Murray, left a MS. wrote by herself, which is in the possession of the present Mr Baillie — amongst other particu¬ lars it contains ‘ Facts relating to my Mother’s life and character. Mellerstain, December 12th, 1749,’ from which the following are extracts. “ lady Murray’s narrative. “ Sir Patrick Hume and Mr Robert Baillie were intimate friends, and very strictly connect¬ ed, from their being of the same way of thinking in religion and politics. When Mr Baillie was first imprisoned, Sir Patrick sent his daughter, Grizzel, from Redbraes to Edinburgh, with in¬ structions, to endeavour to obtain admittance, unsuspectedly, into the prison ; to deliver a let¬ ter to Mr Baillie, and to bring back from him what intelligence she could. She succeeded in this difficult enterprize; and having at this time met with Mr Baillie’s son, the intimacy and friendship was formed, which was afterwards completed by their marriage. “ [1684]. During the period of her father’s imprisonment, she attended to all her mother’s directions. When Mr Baillie was again impri¬ soned, Sir Patrick Hume thought it advisable to keep himself concealed. — The MS. facts give the following account of his concealment. “ After persecution began afresh, and my grandfather Baillie again in prison, her father thought it necessary to keep concealed ; and soon found he had too good reason for so doing ; par¬ ties being continually sent out in search of him, and often to his own house, to the terror of all in it: though not from any fear for his safety, whom they imagined at a great distance from home, for no soul knew where he was but my grandmother, and my mother, except one man, a carpenter, called Jamie Winter, who used io work in the house, and lived a mile, off, on whose fidelity they thought they could depend, and were not deceived. The frequent examinations, and oaths put to servants in order to make discoveries were so strict, they durst not run the risque of trusting any of them — by the assistance of this man, they got a bed and bed clothes, carried in the night to the burying place, a vault under ground at Polwarth church, a mile from the house, where he was concealed a month ; and had only for a light an open slit at the one end, through which nobody could see what was 3 S IV. 506 APPENDIX. below; she (Grizzel, afterwards lady Baillie) went every night by herself at midnight, to carry him victuals, and drink ; and stayed with him as long as she could to get home before day. In all this time, my grandfather showed the same constant composure, and cheer¬ fulness of mind, that he continued to possess to his death, which was at the age of eighty-four ; all which good qualities she inherited from him in a high degree ; often did they laugh heartily in that doleful habitation, at different accidents that happened. She at that time had a terror for a church-yard, especially in the dark, as is not uncommon at her age, by idle nursery sto¬ ries, hut when engaged by concern for her fa¬ ther, she stumbled over the graves every night alone, without fear of any kind entering her thoughts, but for soldiers and parties in search of him, which the least noise or motion of a leaf put her in terror for. The minister’s house was near the church ; the first night she went, his dogs kept such a barking as put her in the utmost fear of a discovery; my grandmother sent for the minister next day, and upon pre¬ tence of a mad dog, got him to hang all his dogs; there was also difficulty of getting victuals to carry him without the servants suspecting; the only way it was done, was by stealing it off her plate at dinner, into her lap: manj' a diverting story she has told about this, and other things of the like nature. Her father liked sheep’s head, and while the children were eating their broth, she had conveyed most of one into her lap; when her brother Sandy (the late lord March- mont*) had done, he lookt up with astonish¬ ment and said, mother, will ye look at Grizzel ; while we have been eating our broth, she has eat up the whole sheep’s head : this occasioned so much mirth among them, that her father at night was greatly entertained by it; and desired Sandy might have a share in the next. I need not multiply storys of this kind, of which 1 know many. His great comfort and constant entertainment (for he had no light to read by) was repeating Buchanan’s Psalms, which he had by heart from beginning to end ; and retain¬ ed them to his dying day ; two years before he died, which was in the year 1724, I was witness to his desiring my mother to take up that book, which amongst others always lay upon his table, and bid her try if he had forgot his psalms, by naming any one she would have him repeat; and by casting her eye over it, she would know if he was right, tho’ she did not understand it; and he rniss’t not a word in any place she named to him ; and said they had been the great com¬ fort of his life, by night and day on all occasions. As the gloomy habitation my grandfather was * The second earl; whose elder brother was then living. in, was not to be long endured but from neces¬ sity, they were contriving other places of safety for him ; amongst others, particularly one under a bed which drew out, in a ground floor, in a room of which my mother kept the key : she and the same man workt in the night, making a hole in the earth, after lifting the boards; which they did by scratching it up with their hands not to make any noise, till she left not a nail upon her fingers; she helping the man to carry the earth as they dug it, in a sheet on his back, out at the window into the garden ; he then made a box at his own house, large enough for her father to lye in, with bed and bed clothes, and bored holes in the boards for air; when all this was finished, for it was long about, she thought herself the most secure happy creature alive. When it had stood the trial for a month of no water coming into it, which was feared from being so low, and every day examined by my mother, and the holes for air made clear, and kept clean pickt; her father ventured home, having that to trust to. After being at home a week or two, the bed daily examined as usual, one day, in lifting the boards, the bed bounced to the top, the box being full of water; in her life she was never so struck, and had near dropt down, it being at that time their only refuge : her father, with great composure, said to his wife and her, he saw they must tempt provi¬ dence no longer, and that it was now fit and necessary for him to go off, and leave them; in which he was confirmed by the carrier telling for news he had brought from Edinburgh, that the day before, Mr Baillie of Jerviswoode had his life taken from him at the cross, and that every body was sorry, tho' they durst not show it; as all intercourse by letters was dangerous, it was the first notice they had of it; and the more shocking, that it was not expected. They immediately set about preparing for my grand¬ father’s going away. My mother workt night and day in making some alterations in his cloatbs for disguise: they were then obliged to trust John Allan, their grieve, who fainted away when he was told his master was in the house, and that he was to set out with him on horse¬ back before day, and pretend to the rest of the servants that he had orders to sell some horses at Morpeth fair. Accordingly, my grandfather getting out at a window to the stables, they set out in the dark , though with good reason, it was a sorrowful parting; yet after he was fairly gone they rejoiced, and thought themselves hap¬ py, that he was in a way of being safe; tho’ they were deprived of him, and little knew what was to be either his fate or their own. My grandfather, whose thoughts were much employed, and went on as his horse carried him without thinking of his way, found himself at Tweed -side, out of his road, and at a place not APPENDIX. 507 fordable, and no servant ; after pausing, and stopping a good while, he found means to get over, and get into the road on t’other side; where after some time he met his servant, who showed inexpressible joy at meeting him ; and told him, as he rid first, he thought he was al¬ ways following him, till upon a great noise of the gallopping of horses, he lookt about and misst him ; this was a party sent to his house to take him up, where they searched very narrowly, and possibly hearing horses were gone from the house, suspected the truth and followed ; they examined this man, who to his great joy and astonishment misst his master, and was too cun¬ ning for them, that they were gone back before my grandfather came up with him ; he imme¬ diately quitted the high road, after a warning by so miraculous an escape ; in two days sent back the servant, which was the first notice they had at home of his not having fallen into their hands. He got to London through bye ways, passing for a surgeon ; he coul.l bleed, and al¬ ways carried lancets, from that he went to Prance, and travelled from Bourdeaux to Hol¬ land on foot, where he sent for his wife and ten children ; he was then forfeited and his estate given to lord Seaforth. My grandmother and mother went to London by sea, to solicit an al¬ lowance for her and her ten children, where they long attended; and even though assisted by many good friends from whom they met with much kindness and civility, lord Russell’s fami¬ ly, lord Wharton’s, and others ; all she could obtain for herself and them, was about 150/. a year. They then returned to Scotland, to carry over the children; and found my aunt Julian so ill, she could not go with them. My mother returned from Holland by herself to bring her over, and negotiate business, and try if she could pick up any money of some that was owing to her father. “ Her sister was still very weak, so had the attendance of a nurse all the voyage, which hap¬ pened to be very long. She had agreed for the cabin bed, and was very well provided in vic¬ tuals aud other necessaries. She found three or four more in the ship with whom the captain had also agreed for the same bed : a gentleman who was in the cabin, as they all were, said to her, let them be doing (when a dispute arose who should have the bed, for she made none,) you will see how it will end — two of the gentle¬ women went to bed, the rest lay down as they could best; my mother and her sister upon the floor, with a clog-bag of books she was carrying to her father for their pillow ; then in came the captain, and first eat up their whole provisions with a gluttony incredible; then said to the women in the bed, turn out, turn out; and stript before them, and lay down in the «becl himself; but he did not long enjoy the effects ol his brutality, for a terrible storm came on, so that his attendance and labour was necessary to save the ship : they never saw more of him till they landed at the Brill, From that, they set out at night on foot for Rotterdam, with a gen¬ tleman that was of great use to them, that came over at the same time to take refuge in Holland. It was a cold wet dirty night; my aunt, a girl not well able to walk, soon lost her shoes in the dirt; my mother took her upon her back, and carried her the rest of the way, the gentleman carrying their small baggage ; at Rotterdam they found their eldest brother, and my father, wait¬ ing for their arrival to conduct them to Utrecht, where their house was; and no sooner were they all met, than she forgot every thing, and felt nothing but happiness and contentment. “ They lived three years and a half in Hol¬ land, and in that time she made a second voyage to Scotland about business. Her father went by the borrowed name of doctor Wallace, and did not stir out for fear of being discovered; though who he was, was no secret to the well wishers to the revolution. 1 heir great desire was to have a good house, as their greatest com¬ fort was at home ; and all the people of the same way of thinking, of which there was great num¬ bers, were continually with them: they payd for their house what was very extravagant for their income, near a fourth part : they could not atford keeping any servant, but a little girl to wash the dishes. All the time they were there, there was not a week my mother did not sit up two nights, to do the business that was necessary : she went to market, went to the mill to have their corn ground, which it seems is the way with good managers there, drest the linen, cleaned the house, made ready dinner, mended the children’s stockings and other cloaths, made what she could for them, and in short did every thing. Pier sister Christian, who was a year or two younger, diverted her father and mother and the rest who were fond of music; out of their small income they bought a harpsichord for little money (but is a Rucar *) now in my custody and most valuable. My aunt played and sung well, and had a great deal ol life and humour, but no turn to business; though my mother had the same qualifications, and liked it as well as she did, she was forced to drudge; aud many jokes used to pass betwixt the sisters about their different occupations. Every morn¬ ing before six, my mother lighted her father’s fire in his study, then waked him (he was ever a good sleeper, which blessing, among many others, she inherited from him) then got him what he usually took as soon as he got up, warm small beer, with a spoonful of bitters in it,, which he continued his whole life, and of which * An eminent maker of that time. 508 APPENDIX. 1 have tne receipt ; then she took up the chil¬ dren, and brought them all to his room, where he taught them every thing that was fit for their age; some Latin, others French, Dutch, geo¬ graphy, writing, reading, English, &c. and my grandmother taught them what was necessary on her part. Thus he employed atid diverted himself all the time he was there, not being able to afford putting them to school ; and my mother, when she had a moment’s time, took a lesson with the rest in French and Dutch, and also diverted herself with music. I have now a book of songs of her writing when there, many of them interrupted, half writ, some broke off in the middle of a sentence; she had no less a turn for mirth and society than any of the family when she could come at it without neglecting what she thought more necessary. Her eldest brother, Patrick, who was nearest her age, and bred up together, was her most dearly beloved. My father was there, forfeited and exiled, in the same situation with themselves — she had seen him for the first time in the prison with his fa¬ ther, not long before he suffered, and from that time their hearts were engaged. Her brother and my father were soon got in to ride in the Prince of Orange’s guards till they were better provided for in the army, which they were be¬ fore the revolution. They took their turn in standing centry at the Prince’s gate, but always contrived to do it together ; and the strict friend¬ ship and intimacy that then began, continued to the last : though their station was then low, they kept up their spirits ; the prince often dined in public, then all were admitted to see him; when any pretty girl wanted to go in, they set their halberts across the door, and would not let her pass till she gave each of them a kiss; which made them think and call them very pert sol¬ diers. I could relate many stories on that sub¬ ject. My mother could talk for hours, and never tire of it, always saying it was the happiest and most delightful part of her life : her constant attention was to have her brother appear right in his linen and dress ; they wore little point cravats and cuffs, which many a night she sat up to have in as good order for him as any in the place; and one of their greatest expences was in dressing him as he ought to be. As their house was always full of the unfortunate banished people like themselves, they seldom went to din¬ ner without three or four or five of them to share with them ; and many a hundred times I have heard her say, she could never look back upon their manner of living there without thinking it a miracle ; they had no want, but plenty of every thing they desired, and much contentment, and always declared it the most pleasing part of her life, though they were not without their little distresses; but to them they were rather jokes than grievances. The professors and men of learning in the place, came often to see my grandfather; the best entertainment he could give them was a glass of alabast beer, which was a better kind of ale than common : he sent h's son Andrew, the late lord Kimmerghame, a boy, to draw some for them in the cellar ; he brought it up with great diligence, but in the other hand the spiket of the barrel. My grandfather said, Andrew, what is that in your hand, when he saw it he run down with speed, but the beer was all run out before he got there ; this occasioned much mirth, though perhaps they did not well know where to get more. It is the custom there to gather money for the poor from house to house, with a bell to warn people to give it. One night, the bell came, and no money was there in the house but an orkey, which is a doit, the smallest of all coin. Every body was so ashamed, no one would go to give it, it was so little, and put it from one to t’other. At last my grandfather said, well then, I’ll go with it, we can do no more than give all we have : They were often reduced to this by the delay of the ships coming from Scotland with their small remittances ; then they put the little plate they bad (all of which was carried with them) in the Lumber, which is paunding it, till the ships came ; and that very plate they brought with them again to Scotland, and left no debt behind them. When the long-expected happiness of the prince going to England took place, her father, and brother, and my father, went with him. When all was settled in England, the children were sent to Scotland, and my grandmother and she came over with the princess. She was offer¬ ed to be made one of her maids of honour, and was well qualified for it, her actions show what her mind was, and her outward appearance was no less singular. She was middle sized, well made, clever in her person, very handsome, with a life and sweetness in her eyes very uncommon, and a great delicacy in all her features ; her hair was chesnut, and to her last had the finest com¬ plexion, with the clearest red in her cheeks and lips, that could be seen in one of fifteen, which added to her natural constitution, might be ow¬ ing to the great moderation she had in her diet throughout her whole life. Potage and milk was her greatest feast, and by choice preferred them to every thing, though nothing came wrong to her that others could eat ; water she preferred to any liquor; though often obliged to take a glass of wine, always did it unwillingly, think¬ ing it hurt her, and did notlike it. She declined being maid of honour, and chose going home with the rest of her family. Having had her union with my father always in view, their af¬ fection for one another increased in their exile, though they well knew it wras no time to declare it (neither of them having a shilling), and w ere APPENDIX 509 at no small trouble to conceal it from her par¬ ents, who could not hut think such an engage¬ ment ruinous to them both; especially when in the midst of their distress there was offers pres¬ sed upon her by them, from two gentlemen in their neighbourhood at home, of fortune and character, who had done nothing to forfeit ei¬ ther, and with whom they thought it would have been happy to settle their daughter at any time : she earnestly rejected both, but without giving any reason for it, though her parents sus¬ pected it; and it was the only thing she ever dis¬ pleased or disobeyed them in. These gentlemen I have mentioned, were intimate and sincere friends to my father and her, to the day of their death, and often said to them both, she had made a much better choice in him, for they made no secret of having made their addresses to her. Her parents were ever fond of my fa¬ ther, and he was always with them. So great an opinion had they of him, that he was gener¬ ally preferred to any other, and trusted to go out with my mother, and take care of her when she had any business to do — they had no objection but the circumstance he was in, which had no weight with my mother, who always hoped things would turn out at last as they really did ; and if they did not, was resolved never to marry at all. When he was put in possession of his estate by king William (which had been given to the duke of Gordon) he made their engage¬ ments known ; and they were married about two years after the revolution : then my grand¬ father was in high favour, as he was well de¬ served from his great sufferings, and was made chancellor of Scotland ; and afterwards made the king’s high commissioner to the parliament, which was the greatest office in this country. “He (Sir Patrick Hume, then lord March- mont,) retained his judgment and good humour to the last. Two or three years before he died, my mother was at Berwick with him where he then lived, and many of her relations came there to see her before she went to London. As mirth and good humour, and particularly dancing had always been one characteristic of the family, when so many of us were met (being no fewer than fourteen of his children and grandchildren) we had a dance : He was then very weak in his limbs and could not walk down stairs, but de¬ sired to be carried down to the room where we were, to see us ; which he did with great chear- fulness, saying, tho’ he could not dance with us, he could yet beat time with his foot, which he did, and bid us dance as long as we could, that, it was the best medicine he knew, for at the same time that it gave exercise to the body, it cheared the mind. At his usual time of going to bed, he was carried up stairs, and we ceased dancing, for fear of disturbing him ; but he soon sent to bid us go on, for the noise and musick was so far from disturbing that it would lull him to sleep. He had no notion of interrupt¬ ing the innocent pleasures of others tho’ his age hindered him to partake of it. His exemplary piety and goodness was no bar to his mirth, and he often used to say none had so good reason to be merry and pleased, as those that served God and obeyed his commandments. He died of a fever in the 84th year of his age 1724. None of our family were in Scotland, but lord Binning, who came to him the first notice from lady Julian of his illness, and attended him to the last ; as he was sitting by his bedside not many hours before he expired, he saw him smiling, and said, My lord, what are you laughing at. He answered, 1 am diverted to think what a disappointment the worms will meet with, when they come to me expecting a good meal, and find nothing but bones. He was much extenuate, and had always been a thin clever man. He went off without a groan, and seemed to rejoice in the expectation of his end. “ She and her husband went to Oxford for the education of their grandsons, the late earl of Haddington and his two brothers, where Mr Baillie died 6th August 1738, and altho’ Ox¬ ford was after her husband’s death a most me¬ lancholy and disagreeable place to her, she (as it was thought fit for her grandsons) remained therefor near two years after Mr Baillie’s death.” The following is an historical character of the Hon. George Baillie, Esq., by George Cheney, Doctor of Medicine and Felloiv of the Royal Society. “ Sunday, August 6, 1738. Died at Oxford in the 75th year of his age, the Honourable George Baillie of Jerviswoode, esquire, descended from an ancient and virtuous family in North Bri¬ tain. He was a gentleman who in this corrupt age did honor to human nature, and was a great instance (according to my best observation) of the efficacy of the grace, wisdom, and power of the Almighty. “ At one and the same time, he was a most zealous patriot, a very able statesman, and a most perfect Christian, that this or any age has produced ; piety, charity, justice, and truth, being the basis of all his private resolves and public transactions. He considered mankind as his family, and each individual as his child, and as the image of his Heavenly Father. He con¬ tinued steadily in his own church and princi¬ ples when at honne, and in his country, discour¬ aging indifference and wavering, in the exter¬ nal, as well as internal life of religion, but without rigidness and narrowness of soul; be¬ lieving charity to be one of the cardinal virtues, and a guarded freedom essential to our unlapsed> and recovered natures. I had the honor of an intimate acquaintance with him for the last APPENDIX. 510 thirty years of his life. I have studied him in all the various scenes he passed thro’ ; in posts of great honour, in the troubles of private life, in health and in sickness, in business and retire¬ ment ; and with great truth I can affirm, that in all the several scenes I never knew his supe¬ rior in solid virtue and just thinking. “ His courage was undaunted, and his patience immoveable, his piety unfeigned, and his truth exact to the greatest precision. Having been bred in the school of affliction, his compassion was never denied to those who were in distress even by their own indiscretions. He spent the last twelve years of his life, in constant medita¬ tion, contemplation, and prayer. It was truly a life hid with Christ in God. He passed through several states of purification and severe trial, unknown to common and unexperienced Christians. “His father (a few hours before his life must have been ended by the hardships of his confine¬ ment) was for his love to his religion and coun¬ try, most barbarously put to death by the sever¬ ity of the then administration, and the madness of the times, whereby his estate was forfeited, and his son obliged to retire into Holland. Coming into England with the prince of Orange, he narrowly escaped perishing at sea, on which account all his life after he kept a rigorous fast once every week, spending the whole day in me¬ ditation, prayer, and praises to his Deliverer. During all the times of his great and arduous employments, he never failed morning and night to retire a considerable time to his closet, and prostrate himself before his Maker. His faith and trust that the children of the righteous should never want bread, was so firm, that in all his difficulties arid riiisfortuhes, he never sav¬ ed any thing for fear of want, (when the expence was charitable, necessary, or decent) and in his prosperity he never squandered away any thing ostentatiously or uselessly. “His private charities were as great and ex¬ tensive, as they were secret and constant. In short, in his rank and order, under the present lapse of human nature, and the flagrant corrup¬ tion of this age and nation, he was in every thing a most perfect example to his family, to his friends, and to his country. “ Bath, August 12, 1738.” “ The account given of lady Grizzel’s death is as follows : “ She had been ill of a cold that was epidemi¬ cal, but was down stairs the week before she died, was confined to her bed but a few days, and had her senses entire to the last; two days before she died we w6re all in the room. She said, My dears, read the last chapter of Pro¬ verbs. You know what it is. To have her grandsons happily married, lay near her heart ; and I imagine it was with regard to that she said it. I think it a very strong picture of her¬ self, and if ever any deserved to have it said of them, she does. The next day she called me, gave directions about some few things; said she wished to be carried home to lye by my father, but that perhaps it might be too much trouble and inconvenience to us at that season, therefore left it to me to do as I pleased; but that in a black purse in her cabinet, I would find money sufficient to do it, which she had kept by her for that use, that whenever it happened it might not streigthen us : — She added, I have now no more to say, or do ; tenderly embraced me, and laid down her head upon the pillow, and spoke little after that. ’ “ Can my sorrow be utterable after such a loss. 1 am certain no number of years allotted me to live, can ever make me feel less either of grief or wonder, when I reflect on her whole conduct. Her wholy family was round her. bed, and showed a lively sense of what they lost when she breathed her last. My sister, who had been long ill, was carried out of her bed to attend her; but we were both almost incapable of doing the last duties to her; but that lady Stanhope sup¬ plied, with the same tender dutifulness she had ever behaved to her, and with a fortitude un¬ common at her age ; stretched and dressed her, in the manner she had always directed; which was in her ordinary night cloaths, and then rolr led in a sheet ; all which she did, without let¬ ting another hand touch her ; for which, and her tender care and concern for her mother und me, I doubt not God will reward her, by the dutifulness of her own child. My mother had always expressed a dislike of the method in Lon¬ don, of delivering over to the undertakers for funerals, any one that died, to be ordered by them, as they thought proper; therefore, we were desirous that none such should come about her, or touch her; nor was she ever left by some of her family, till they saw the lead coffin sou- dered down ; though it rent the heart to be wit¬ ness to it, we were all there to see the last thing done that was in our power. “ The concern and. agitation of mind, I have ! been under the whole time of my writing of this, it and when ever I set about it, makes me very unfit to do it at all ; but my desire of putting in writing so many surprising and uncommon actions, which nobody else had the same access ] to know, made me undertake it. I here declare, whatever I have said, to the best of my know¬ ledge, to be strictly just and true; but far less than I think the subject deserves. “ Lady Grizzel Baillie was buried at Mel- lerstain by the side of her husband. — The follow- j ing inscription, which is engraved on marble In and placed on her monument, was written by *t Judge Burnet, who knew her well,” APPEND] X. 511 Here lieth , The Right Honourable Lady Grit&U Baillie, Wife of Geoige Baillie of Jewiswoode Esqr. E d«t daughter of the R. Honble. Patrick Earl of Marchmont. | A Pattern to her Sex, an honour to her Country, She excelled in the Characters of a daughter, a wife, a mother. While an Infant At the hazard of her own, she preserved her father’s life Who under the rigorous persecution of Arbitrary Power Sought refuge in the close conlinement of a tomb Where he was nightly supplied with necessaries conveyed by her With a caution far above her years, A courage almost above her Sex, A real instance of the so much celebrated Roman Charity. She was a shining Example of Conjugal Affection that knew no dissension, felt no decline, during almost a fifty years union, The dissolution of which she survived from duly not choice. Her Conduct as a Parent Was amiable, exemplary, successful. To a Degree not well to be exprest. Without mixing the praises of the Dead with those of the living Who desire that all praise but of her should be silent. At different times, she managed the affairs Of her father, her husband, her family, her relations. With unwearied application, with happy Economy, As distant from avarice, as from prodigality. Christian Piety, Love of her Country, Zeal for her friends. Compassion for her Enemies, Cheerfulness of Spirit, Pleasantness of Conversation, Dignity of Mind, Good Breeding, Good Humour, Good Sense Were the daily ornamenls of an useful life, Protvacted by Providence to an uncommon length, For the benefit of all who fell within the sphere of her benevolence. Full of Years and of Good Works She died on the 6th day of Decemr. 1746 near the End of her Eighty first Year. And was buried on her birth day the 25th of that month. “ Lord Corubury writing to lady Hervey on lady Grizzcl’s death, said, ‘ Indeed I am sorry that tve shall see our good old friend no more, I am sorry we shall partake no more in the so¬ ciety of that hospitality, that benevolence, that good humour, that good sense, that chearful dig¬ nity the result of so many virtues which were so amiable in her, and what did so much hon¬ our to humanity; and 1 am very sorry for what those must suffer at present whom she had bred up to have affections, and who had justly so much for her.' ” No. VIII. — Account of Mr Thomas Hogg of Kil- tearn, extracted from MS. Memoirs of “James Nimriio, Councillor and Treasurer of Edin¬ burgh.'’ VFodrow MS. “ How pleasant did the Lord at length make the godly in that place* tome, and particularly that singularly holy man of God, Mr Thomas Hogg, who was a true father to our Israel, and to whom all that feared the Lord, that knew him, had a great deference, yea enemies themselves, he being not only endued with much of the mind of God, but also with much of a clear judgment and a solid sound mind ; and albeit courteous to all, yet would not omit with authority to reprove sin in any, but (still) with such gaining wisdom that all feared him, the godly loved him, and enemies could find nothing against him except in the matters of his God, when he would not yield a hoof, and yet managed with that respect and discretion towards enemies, that often they were made to admire him ; for in his Master’s concerns he spoke as one having authority, yet without the least evidence of rancour or irrita¬ tion always. In his younger years he and that eminently pious woman Mrs Ross, by her hus¬ band, and Katharine Collace by name, by provi¬ dence were made acquaint, and both being deep¬ ly exercised in soul, by the blessing of the Lord were helped to build up one another in Christ Jesus ; and thereby the Lord made them sig¬ nally usefull to others in like cases, and parti¬ cularly Mr Hogg, whom the Lord called forth more remarkably in his particular calling : who albeit the Lord gave him no children, yet the Lord once gave him powerfully that scripture, and fulfilled it to him, I will give thee a name better than of sons and daughters, making him the instrument of begetting many sons and daughters to the Lord. And it was his great care as a father to convince and humble them by the Lord’s assistance, and then to comfort and confirm them in due time ; to do which the Lord, both by preaching and conference, singu¬ larly assisted him, more I judge than any in his day.” He “had come from the south, where he had been prisoner long for his faithfulness, and at once 18 months in the castle of the Bass.” p. 37—39. “ Some time before,” January 29th, 1682, he, “after long imprisonment, was come north, un¬ der bond given by his friends, to answer the king’s council when called.” p. 29. “30th Nov. 1682. Nimmo’s contract of mar¬ riage was settled, ‘ but (says he) a difficulty arose anent our being proclaimed, which was like to trouble both of us, for some of our friends prest we should be proclaimed at the church by the Epis¬ copal precentor, in which neither of us had free- dome ; and after trying of several outed ministers to marry us without proclamation, they refused for fear of danger. Yet blessed Mr Hogg, though under bond to answer the king’s council when called, condescended to do it, seeing others had refused, and appointed Monday morning, De¬ cember 4, for that end, where I advertised some godly friends to be witnesses, where at Mr Hogg’s own house it was solemnized, where the Lord did evidence his presence to the conviction of severals.’ ” p. 53, 54. For their own and Mr Hogg’s safety Nimmo and his wife lived separate for some time. “About the beginning of March 1683, Mr Hogg had sent his godly servant, William Bal- lach, to warn Nimmo that at a ball in Kil- ravock, lord Doune, (son of the earl of Moray,) swore if he was in Murray he would have Nim¬ mo laid in prison, who thereupon went south to Edinburgh, and thence to Berwick,” p. 67, 75. Here, or in its environs, they continued to re¬ side, when on “the first of November [1083] our * Hurray or Nairn shire. M‘2 APPENDIX. dear and worthy friend, Air Thomas Hogg, who was out of prison upon bond to answer the coun¬ cil at call, was theu to appear before them,’ p. 8(5, ‘ Our dear and worthy friend, Air Hogg, was banished by act of council to be out of the kingdom of Scotland in 48 hours time under se¬ vere penalties; they indeed offered him six weeks to provide for his banishment, if he would give bond, as some had done, not to exercise any part of his ministerial function during that time; he told them, it was like, being under much frail¬ ness of body, he would not be able; but as he had his commission from God, he would not bind up himself one hour if the Lord called him and gave him strength : and therefore so little time was allowed. So he caused a coach, agreed for, to come to the tolbooth-door and take him in ; and upon April 3, he came to Berwick, to the great comfort of our minds,’ ‘ My wife’s intimate friend, Airs Hogg, also several others of some note of our own land,’ p. 88, 89. Niinmo and Hogg had their houses near to each other, and “ one day there came certain word of a general search through the town, and accord¬ ingly after dinner the garrison began, and the ports were closed, and houses searched, and hay¬ lofts ; the hay overturned with great pains. They began at the next house where Air Hogg and I ■went, and searched round, and so our house was last, and a mercy also. Air Hogg went to a pri- vat closet behind the hinging, (bed-curtain) and 1 went up to a little place for doves, above a fore stair, where I could only sit or ly, but not stand, to which only a dale (deal-board) did lift and came down again, so exactly as made of pur¬ pose, and so were in prisons till they went the round of search ; and against they came back to out house it was growing dark, and they much fatigued, and our landlord, a true friend, met them at the entry, and said he judged they were weary, would they take a bottle of his ale and beer? to which they willingly agreed and accepted of: and he did carry pleasantly, and diverted them for some time, and told them, an old woman his mother lived in the lodging beside him, and if- they pleased they might go in and see there was none else there; which they refused, saying they would not trouble the old gentlewoman, and so were gone. And immediately the landlord came to Air Hogg and me, and took us in his arms, with as much joy as if he had got a prize, and said that all was over, and so we mercifully escaped them.” p. 95, 96. Kennoway having said if Nimmo was out of hell he would have him, (at hearing of which blessed Air Hogg said, “ If ye were in heaven I fear he would not win there to seek you,”) p. HO, 111. “ 1 resolved if the Lord would to go abroad. And Air Hogg being to go for London to see if there was any encouragement to go to Carolina, and thereby my faithful companion in tribulation, my wife, (was) to be left alone In a garrisoned town. About the 8th of Aprile, (1685,) I was resolving to go to London with Air Hogg — the day before we were to go Air Hogg asked me if the Lord had given me full clearance to go. I told him I had some peace, but not that desired clearance. He desired me to take some time apart to seek the Lord’s mind on that mat¬ ter, and said, albeit you would be desireable to me, yet I advise either to get full clearance or not to go.” Nimmo took time, and “resolved to stay, and had peace therein, but it displeased Airs Hogg; but her husband sweetly complied, and he and his godly servant went.” — In a little time after Air Hogg went, there was a great re¬ port of an invasion both to Scotland and Eng¬ land, and shortly after Air Hogg came to London he was jealoused (suspected) for a spy and trafficker for Alonmouth, taken, and the English oaths offered, and, upon refusing to take them, both he and servant were sent to prison.” p. 115—117. Before shipping'at Burntisland on 23d No¬ vember, 1685, “ we heard some report that Air Hogg was liberat at London, and gone for Hol¬ land, which was ground of encouragement.” “ Before we came from Scotland there bad come a line from Air Hogg, giving account of his being safe at Rotterdam, to whom when landed (4th Dec. 1685) we went and staid with him some few nights, till we got the foresaid cham¬ ber, and, indeed, he and his wife were our pa¬ rents to their power.” p. 127, 8. 20th October, 1686, Nimmo having domestic anxieties, observes, “ Our blest father and friend, Air Hogg, was gone the term of Whitsunday before to the Hague, where 1 some time went, and (as) his company and advice was refreshing, so my going there was refreshing. Some time after, (after the 5th November) as he (had) bap¬ tized our eldest son John, so we took this second to the Hague to him, where he was baptized James, at which time was (such) signal and ob¬ servable power and presence of the Lord, that not only I but others were made to say they never heard nor felt more of the authority of the Lord in any ordinance, than when he pro¬ nounced his name and the names of the persons of the ever blessed Trinity.” p. 133, 1.34. “ Even in this place, (the fugitives in Rotter¬ dam were) not without danger from the enemy, for some were without order griped, put aboard, and sent for England, and there hanged, some alledged murdered : in that place where we were, some attacked by violence with sword in hand, to be carried off, and they defending themselves, resisting force with force, in wounds and blood, till the magistrates of Rotterdam took and im¬ prisoned both till examined, and by the mob forced to justice, albeit inclinable enough of themselves : and some of these attackers were in prison when the Prince of Orange came over APPENDIX. 5 13 at. the happy revolution. And sometimes there was a search procured by king James from the States, but they kindly gave some advertisement, that Scots people might he on their guard, as particularly one for Sir James Stewart, who narrowly escaped by the importunity of old Mr Hogg, in whoso house he was, that he would go out, having heard the search (which put us all in alarm) was to be that night.” p. 1S5. On (king) James’ Toleration “ severals went home : albeit our worthy friend Mr Hogg never joined therewith so as to preach by virtue thereof, yet after seeking the Lord he determin¬ ed and went to Scotland, which was a great seeming loss to me,” p. 136. Mrs Hogg came home with Nimmo to Edin¬ burgh on 1st May, 1688. Mr Hogg gave Nim¬ mo his advice in his household affairs. About January 1690, Nimmo’s 3d son was born, and named Thomas, “ after blessed Mr Hogg, who had married us, and baptized our three former children in three several nations.” p. 148, 138,9, 145. No. IX. — Letter from the Earl of Crafurd on his proposal to leave the kingdom, with the reasons for and against it.* ► t( StrutherSj 8th Sept. 1685. “ Revd- and worthy Sir, “ The long acquaintance 1 have had of the bearer gives me such ane inteer confidence in bis faithfulriesse and secrecy, as well as affectione to me and that interest which I chieffly owne, upon which I am iucouraged to write upon a subject that is somewhat tender, and to use a plainnesse about it which might warrantably be concluded rashnesse, if I cd- be understood in the straits with which I am pinched on either side, without ane inteer freedome in those ma¬ ters that reasons, or conscience, upon serious deliberatione, suggests upon the subject in hand. The truth of it is, the more I have thought on the thing I am the more in the mist ; and am come to that opinione, that the wisest of men, Solomon himself, if alive and in my case, if the guidance by the spirit of God were but for a time suspended, might be difficulted what reso¬ lution to take. Upon which I have willingly laid aside all thoughts of consulting with worldly wisdome; and as lam able, though in much weaknesse, have laid the mater before God, with ane inteer resignatione to what he, in his wis¬ dome and goodnesse, shall cleare up to me as duety, after I have yet more fully by my self • The MS. from which this is taken is not an original, but a copy : and we are at a loss as to the person to whom it was addressed. The writer seems to have been “ the great and good Earl of Crawford,” as he is termed by Veitch, (p. 146 of 1 -i ft1, by M’Crio) and who became president of the council at the revolution, and died in 1098. Dougins’ Peerage, vol 1. p. S87. applied to the throne of grace for that effect, and for further confirmatione in what is reall duety, without the least regard to ease, or shifting of suffering, have consulted Mr Moncrieffand you, (whom I only applie to in this affaire) who 1 know bear such respect both to my soul and family, as that ye will imploy some time upon this single occasione, either apairt or joyntly, that you may find out the minde of God in the mater ; to which, without the least hesitatione, in His grace I intend pleasantly to acquiesce. You need draw no consequence from the order of my arguments, upon theire being first or last, and as little from the force of them, since I designe not to be determined by reasone, but conscience ; nor doe I write them, as thereby prescribing in any fashione to either Mr Mon- crieff or you, or to preoccupie your opinions, but singly that you may understand maters of fact, with all theire concomitant circumstances, which some times will differance a thing, even in point of duety. But not to detain you longer in the entry, I come to the point. It has been of a long while in debate with me, whether it was fitt for me to retire out of the natione, from the feare of what temptations may doe to ane ill heart, if the storme shall arise to that hight that it be like the blast of a terrible one against the wall ; on the other hand, the difficulties in my retreat, and consequents of it, have had theire own weight. Before I touch on these particu¬ larly, there is nothing in my case, either by hearing, speaking, or acting, in hazardous maters, that can give me the least byas to either side; yea, I have been equally fortunat ever since the indemnity, 1679, in having at no time seen any persone that was badly circumstantiat ; nor doe I know any thing of my self, further than my practice of non conformity, and my purpose, in God’s strength, not to yield in lesse or more in things relating to that principle, that can differance me from other firme protestants. The things that prompt me to goe are, first, a pas- sionat desire in a most duetyfull, most affec- tionat, and singularly good wife, who is really disquieted with apprehensions of sad things that are coming on Scotland : now when I consider the composednesse of her temper for ordinary, 1 have some times lookt on this restlessnesse in her spirit to be gone, as a warning from God that I should retire. Secondly, the many prog- nosticks of some eminently godly, both in former ages and of late, of dreadful things that were to befall Scotland. Some, from the deepnesse of our apostacy, concluding that God in his justice wd remove his candlestick out of these lands ; others apprehending cutting of throats, burning at staikes ; and few without fears that close im¬ prisonment, and forfaulture of estates, will be the easiest censure that such may meet with 8 T tv. 514 APPENDIX. who do not in less or more compile. Besides, the punishment of such as shall refuse the test is made arbitrary, and how far this may be ex¬ tended to sound recussants, for example to others, is doubtfull : then my conspicuousnesse beyond others, and singularity of practice in some things, may readily bring me first in minde, and for terrour to others first on the stage, and make me more briskly dealt with. Thirdly, I know it is projected by some of our chieff manadgers of affairs, and exceedingly urged by the dignified clergie, that my censure shd- amount unto the stripping me of my ho¬ nours, and the bestowing these on Edghill, and the evicting of that alimentary pairt of my wife’s joynter which was not disponed to her son, but to a trusty, without all backhand or verbal insinuatione of a returne to her of the least pairt of it, whom yet they conclude, and that truely, gives for a yearly proportione of it, and this they can find out by referring it to his oath. Whether my absence out of the natione may put a stop to either of these procedures may be under consideration. — Fourthlie, the dreadful! apprehensiones that the experience of ane ill heart, which hath often plaid the jad to me un¬ der lesser temptations, gives me of fainting when the tryal shall come, and may extend unto life upon continuing honest to my principle, does often, instead of prompting metodueties, so dis¬ quiet me, as I am frequently put from them. Fifthlie, the infrequency of my hearing the gospell preached from clearly persones, at whom I have no rooted scruple ; and the eminent danger that does attend ministers who from faithful- nesse doe yet take theire venture ; and the diffi¬ culty I have to purge my family of all such as I cannot answer will bide a stresse upon that head for secrecy and closnesse, is no small dis¬ turbance unto me. Sixthly, it deeply weighs with me that my children, such as are at schools, have not the benefite of such ane educatione as I cd- wish : nor can I cure that, without I took them from schools, and were satisfied that they did not aime at being scholars, for I can possibly have none rightly principled tollerat in my fa¬ mily for teaching of them, much lesse, that I should have somewhat of inspectione over them, can I think of having a conformist in my fami¬ ly, who wd-either be a spie in it, or thorow fear, might tempt me to a sinfull superplus of wainesse. The impediments I have are these : first, the dangers in going. Let us consider them severally. — I have long laboured with rulers, and such as have interest with them, for a cleanly passe, without sinfull termes on my pairt, or at least conditions that are doubtfull ; and have been still rebuted, sometimes from one reason and sometimes from another. The pre¬ parative of my case as a leading example, was one answer from them : the differences betwixt our two great men, were another lett. They did conceive at another occasione that my earn- estnesse to goe did proceed from some very dan¬ gerous circumstances 1 was under ; and least I shd- have confirmed them in this, 1 found myself obliged to desist. The chieff of my endeavours for a passe was in our late king’s time, when maters were not come to this hight : besides I judge if applicatione were now made, the mercat would be rather higher than it was, and the conditiones more narrow, and a refusal! wd- readily have that effect to increase their displea¬ sure unspeakably, if afterwards upon a pinch I went without licence ; yea from fear that the same humor which rendered me earnest for a passe should move me to run away without it, I most probably might be secured' in a prisone, but suppose I were not, how cd- I be prepared for such a voyage without some indicatioue to a few that I was to goe ? and what hazard were there that some of those few might trust others with it, and so the thing goe abroad. But tho’ nothing of this shd- follow, but that I were just ready to goe to the ship, without any persones suspecting such a thing, I were no nearer my purpose, masters of ships and skippers are so straitly sworne to give up the names of all such as goe with them ; and when thei’e is any ven¬ turing on the ordinary boatmen for concealed persones, they are either put in the bottome amongst coalls, or other burthens they take along with them. Yea this is not all, the inquisitors doe search all cabines, and make tryall with speers, and such like, if there are any persones hid in the cargo ; yea, tho persones were willing to venture on all these inconveniences, which wd- be great to women and children, there were no master of a ship or skipper, that cd> be again a Scotsman, if he without licence should trans¬ port me and my family out of the natione : and considering my circumstances it were not possi¬ ble for me to gratifie him in any fashione that cd- compense such a losse. Besides the danger of rencountering on the seas with any of our king’s ships, and the strict scrutiny that they make when they meet with any ships belonging to these three nationes, to what place of the world cd- I retire to for more safety? It is in¬ formed (1 know not how warrantably) that our king has signed a league defensive with Holland, Denmark, and some other states, upon this ex- presse conditione, That they shall deliver up, without a call, all declared rebells belonging to either natione, and upon demand shall give up all such, however free of publick censure, as he shall nominat to them. If this be truth it wd- break all my measures if 1 were to goe, or at least exceedingly straiten me ; for neither my wife nor I has inclinatione for long voyages by sea, or a retreat far off from Scotland. — Secondly, appendix. 515 if I did retire to a place even where 1 might ex¬ pect safety, and were out of the fears of being delivered up, yet 1 might be charged to appeare, and if I did it not, declared rebell, and my friends, without venturing on the same fate, put out of a capacity of corresponding with me and supplying me, and any little means of my wife’s by that course [be] absolutely lost to me.— Third¬ ly, suppose none of the preceding inconveniences fell out, the means of my subsistence, even in my own country, are so inconsiderable, that I have in the midst of my friends hardly any re¬ dundancy above the meanest of food and raiment, when snpplie, if either withdrawcn, or rendered more inconsiderable by the distance of the place, and possibly dearnesse in living there, my wife, children, and I may be under the hazard of downright want.— Fourthly, I am uncertain what benefite I can have of the gospell, or what education my children can have where I retire. It is true, I want not offers of supplie both wayes from a persone that is willing to take theire venture in that journey ; but how far this may be tollereat on the place, however secretly convoyed, is my doubt. — Fifthly, those that have a mind to divest me of my honours w • de¬ sire no better occasion to give a face to theire procedure than that 1 went out of the way by stealth, and was consequently under some heavy guilt, and deserved suitable punishment, which may make some conclude that for a little of ease to myself, or putting a stop to groundlesse fears, I have prostituted such a badge of honour be¬ longing to my family. — Sixthly, I may be yet under another inconvenience of having clamour for leaving of the natione, untill both the Scots and English interest disponed to my creditors be made effectuall for theire payment; and par¬ ticularly there is this in the English interest, that tho’ I have made over a complete right, ac¬ cording to the law of Scotland, yet there is a necessity of doing a new deed for theire further security according to the law of England, which my creditors were not informed of till of late, and will take some longer time than is conve¬ nient for my abode heire (if I goe before winter) ere it can be expeded.— Seventhly, upon my disposall of all estate 1 had reall or personall, in this natione or elsewhere, without the least re¬ serve, and without any clause of redemption, there was ane acceptatione of that deed subscribed by all my creditors (three excepted) in which they discharge me of all personall executione or reall executione against any estate 1 shall acquire hereafter. Now, lest those three should ex- claime, that I flie from the natione to evite a personall distresse from them, I doehesitat upon the journey upon this very account.— Eighthe, i leave it to you to determine if, upon the tear of suffering, it be duety to leave my mother church, to forsake my younger children, without all inspectione over them, tho under the trust of religious and kind relations, who by death may be removed from them, or by a prisone rendered more incapable of educating of them. You see I have kept no reserve in all this affaire, but have plainly unbosomed myself, and expects, after your serious deliberatione, and minding my case before the Lord, I may have your and your brother’s sense of the whole affaire, with¬ out any regard to the gratifying of my temper, but singly eying what is duety to me under the present circumstances, which with very much readinesse shall be obeyed by, << Revd- and worthy Sir, “ Your affectionate friend, “ And humble servant, (Signed) “ Crafurd.” I have written short to Mr Moncrieff* he being under grieff for his daughter in law, and referred him to yours for full informatione. ]sf0. X. _ Conditions offered to Mr Carslares ; as stated by himself, MS. f “ I had the same conditions, as to the substance, offered to me before 1 was tortured which were granted to me afterwards. When I was called out to be tortured a second time, Melfort came and offered conditions to me again, and was willing to grant that I should not be brought as a witness myself against any, but I absolutely refused to say any thing, till I obtained that ray depositions should not be made use ot at the barr of any judicature against any person what¬ soever ; which Melfort, after going twyce or thrice to know the mind of the council, did at last yeild to; and when 1 objected the case of Mr James Mitchell, as what did give me ground to fear that conditions would not be kept, he answered, that that was a damned perjurie, and the stain of the government, for which this pre¬ sent earle of Lauderdale was forced to gett a par¬ don. Upon which reply, I thought myselfe se¬ cure then. When it was designed by the rulers to bring Gerviswood to a tryall, they sent foi Commisar Monroe and me from Stirling, and brought me before some of their number, who dealt with me earnestlie to declare before the judges of the criminall court, in short, what I knew of the affair; and they told me, I should be confronted with no prisoner. My reply in short was, that to doe so was to witnesse against * It is not at all unlikely that this may have beer J^lr holiest and wisest ministers or his day. This MS is in the Principal’s own handwriting It haps thought was superseded by his letter to wouio , inserted ill the history. 516 APPENDIX. all my friends; and that if it were possible, I would rather die a thousand deaths than be a witnesse against any that had trusted me : many arguments were used to prevaill with me, but all were ineffectual. When I heard that my depo¬ sitions were read at the tryall of that honoured gentleman Gerviswood, I did apply myselfe to my lord Tarbet, complaining of the injurie, who told me he was as augrie at it as I could be ; but that it was not offered by the Advocat as a legall proof, nor sustained as such ; a day or two after I waited upon my lord Perth, then chancellor, with whom at the time there were the duke of Queensberrie, my lord Tarbet, and the then president of the session, Sir David Falconer. Before any thing was spokeof particulars, my lord chancellour told me, I was (not) a free man, for I was to be prisoner during the king’s pleasure, and had only obtained libertie for a day or two upon my word, that I might find bail to answer when called. Then my lord chancellour called for my conditions, and having read them, acknow¬ ledged that there had been a breach of them, but promised it should be no more so ; and yet after¬ wards, I was informed that my depositions were read in the par11- 85, in the cases of some that were forfaulted then.” On the cover of the MS. from whence the above is extracted, the Principal has written in his own hand— “ Papers concerning my last trouble.” No. XI. — Original letters of Principal Carstares ; extracted from (he autographs among the Dunlop MSS. * ' 1. To his sister Mrs Dunlop, Leyden, March 14, .*37. “ Dearest Sister, “ I confesse I cannot excuse my so long si¬ lence, but do sister impute it to any thing but unkindness and forgetfulness of you, for if you should ascribe it to either of these, you should not a little injure me, for my heart is tyed to you with a knot of true affection, which no dis¬ tance of place will ever be able to unloose, and I can say you are more than once a day upon my heart ; I forgett neither you nor yours, though I cannot give myselfe leave to think much upon a parting without seeing you, and with so little hopes of ever seeiug you more, but the providence of an infinitelie wise God is to be adored, and even when most contrail' to our inclination quietlie submitted to, he can easily bring ‘ meat’ out of the ‘ eater,’ and ‘ sweet’ out of the ‘ strong.’ His companie will make your voyage pleasant, f * We owe many obligations to Mr Dunlop of Kep- pocli for the use of his valuable MSS. + Mr Dunlop was at this time in Carolina, N- A. hither he had been compelled to fly from the violence ol the persecution. and your sojourning at so great a distance from' most of your relations comfortable ; David, when deprived of all his comforts, and threat- ned too with stoning- - by his followers, en¬ couraged himselfe in the Lord his God; dear sister, endeavour to doe so. This part of the world is like to be a scene of confusion, and Ca¬ rolina may be a hideing place from those storms with which we are threatned. The blessing of the everlasting God be your portion ; the bles¬ sings of your glorified parents be upon you and yours ; and my poor prayers, for a very kind con¬ duct of providence about you and my dear sister that is to bear you companie with poor Sandie,j shall not be wanting. John shall be particularly- seen to by me, as if he were my own ; and in¬ deed I reckon him so. My poor wife hath not had her health this winter : I bless the Lord I have mine, but am more frequentlie troubled, with the pain of my head than hitherto I have been. We have taken another house in this town, where we would be rejoiced to see any of our dear sisters. I should be glad there were an end putt to that affair of Kilhonoucher’s, though with some losse — pray sister, see if any thing can be done in it. I hope you shall have the picture you desire ere you goe. I am much troubled that you should goe in the spring, and fall to come to Carolina in the hottest of the weather; but God will, I hope, order things well about you. I have sent you some spices for your voyage, of which my brother hath, I sup¬ pose, given you an account. I am indeed sorrie that I am so little in a capacitie to testifie, dear sister, my sincere concern for your selfe and my other sisters; but if ever occasion shall offer, 1 hope it shall appear how mindfull I am of my dear parents, their commands, and how much I desiye to be to you and them, “ Dear sister, “ Your most affectionate brother, “ And faithfull well-wisher, “ W. C.” “ My dear respects and love to my sisters, and particularlie Jean your fellow-traveller : the blessing of Almightie God be your portion, that will indeed make rich, and will at last be at¬ tended with a freedom from all sorrow ; himselfe De. Sist. be your guide and protector : to his gracious word I commend your selfe and poor babies, with sister Jean ; and that noble lady, with her familie, who 1 hear is to goe with you, my very dear respects to her, with humble service to my Lo. when you shall see him, and entire love to your husband. I have sent you your seall, having that of your dear father’s. My kind love to all my aunts and relations : I forgett not f This we presume was Alexander Dunlop, the Prin¬ cipal’s son, afterwards Professor of Greek in the Uni¬ versity of Glasgow. appendix. faithful aud kind Nannie, 1 had her kind com¬ mendation latelie. My service to La. Wishaw : * my wife and I both long to hear from you. When you write to or see Glanderston, pray give him and his lady mine and my wife’s best respects ; I shall never forget the kind sympathie I have heard he had with me in my distress when I was left of so many. I admire his pa¬ tience in Mr Hutchison’s affair, of which my brother gave me latelie an account ; he mett with an unworthie carriage, but I know he is a Chris¬ tian that will forgive. Seall the inclosed, and send it to Halcraig — remember me kindly to Bruntisland cusins.” I. To his wife. Written when in prison at Dumbarton or Stirling, but without date, f “ My Dearest, “ Though I have nothing to say, yet 1 can¬ not but salute thee. 1 blesse the Lord I am well, and could I be helped to an entire resign¬ ing of my selfe to him, 1 should have a great deall more of peace than I have. I hope in his own time he will help to spirituall composure of mind, in committing my selfe and all my con¬ cerns to him ; 1 have had many proofs of his care, aud I would fain think he will not leave me, tho’ it were very righteous with him to do so ; but as he hath been so, 1 hope he will be a \ery present help in the time of need : encourage thyself in him ; I commit thee to him, who I doubt not but is thy God. Let us, my dearest, sitt loose to one another, and to all things under the sunn, for this world passeth away with its fa¬ shion : O to be asured of a better inheritance, that will not fade away ! the Lord himself fitt us for it, and bring us to it when he bath no more service for us here. My dutie to dear parents, and kind love to sisters ; lett me hear often from thee, but so as if they lines be inter¬ cepted (keepers being now very watchful), they may neither prejudge thee nor me. Farewell, “ Thine own.” 2. To his wife — from prison at Edinburgh. Monday Night. “ My dearest, “ I had my dear father’s letter : it seems things runn high. A number of groundless re¬ ports are spread of me as to crimes for which there is no ground ; but hard things seem to be abideing me, if God doe not interpose. He cau disappoint fears, and support under any troubles * Probably the lady of Wm. Hamilton of Wishaw. Her maiden name was Gray, eldest daughter of the Honourable Sir Charles Erskine of Alva, Bart, fifth son of John, earl of Mar. — Anderson’s Hamilton, p. 231. 1 Most of these letters to his wife are merely short notes, on very small scraps of paper, and without date ; but they must all have been written daring the months of August and September 1 (iS-l. They are Inserted here to show the excellent spirit of the writer. 517 that come ; he is my hope and strength, and in his infinite love aud mercieiu Christ 1 trust : it may be he will make light to arise upon me as to my spirituall and outward condition, but if I have his favour I cannot be miserable. His anger and mine iniquities make things very heavy to me, God turn away the one and for¬ give the other for Jesus sake, whom I take for my alone righteousnesse, who is my peace and hope : the Lord be with tbee and blesse thee. “ My dearest, “ Thine sineerelie. “ -I should be glad to see thee, at the place thou was this afternoon, sometimes, and often if it might be, but I would know when thou in¬ tends to come.” 3. To his sister — from prison. “ Dear sister, “ I am sorrie that you should entertain any thoughts of nay being forgetfull of you, whila you are so much remembred by me : I doe not remember that I received any letter which 1 did not answer but one, and therefore I desire that you would assure your selfe of all from me that can be expected from an alfectionat brother, upon whose heart you much are. Pray tell my aunt, Mrs Dunlop, j that I am exceeding sensi¬ ble of her kindnesse, and will give her ere long the trouble of a line, which now I can not doe ; remember me also to my aunt Quarrelton, and to my brothers and sisters. Heartily farewell, and remember me.” 4. To his wife — from prison. “ My dearest, “ I had all the three you sent me. I must confesse my burden is a little heavie, and God seems more to desert than formerlie. Oh what shall I be if left of him ! I have no strength, but all my hope is in him : things look dark, and my ingratitude to a kind God makes the aspect of providence formidable ; but may 1 hope that he will make light to arise on me : I desire to wait on him. 1 shall be glad to see thee once a day, either about eleven in the forenoon or four in the afternoon; and if reports be refreshing, then hold up both hands, if otherwise, hold up but one. My dutie to dearest parents, and love to poor sisters. My very dear wife, “ Thine affectionatlie. “ I shall be the worse of the wantofmy neigh¬ bours. Have a care of yourselfe, and be en¬ couraged ; and let me hear from you as oft as you can, tho’ 1 can not tell yet how it will be.” t Mrs Dunlop was the wife of Mr Alexander Dunlop of Paisley, and the sister of Mrs Carstares of Glasgow, the Principal’s mother. 518 APPENDIX. 5. To his wife — from prison. Tuesday morn* “ My dearest, “ I was glad to hear of thy health yester¬ day, tho’ I could not have the satisfaction to see thee. 1 am now endeavouring to submitt to the will of God, as good reason 1 have, having had so many proofs of his goodness and tender com¬ passion ; but indeed the thoughts of my unan- swerablenesse to his kindnesse doe sometimes confound me, and make me meditat terrour. O the follie that is bound up with me : Oh, if by my affliction he would drive it away, makeing me wise to salvation : wisdom and strength are from him, I desire to look to him for both, it may bo he will remember me for good, and free me from my fears, keeping my feet from falling; that can be sufficient for me under all tryalls. Have a care of yourselfe, and be not cast down ; God may make light to arise after this darknesse, and can command a calm to this storm : the Lord be with thee and be thy portion. “ My dearest, “ Thine own.” 6. To his wife — from prison. Thursday night. “ My dearest, “ I had thine by Nancy, which was wel- com. I would not have thee move much about me till some days be over. I am in a continuall suspense, thinking that I shall be called on by the councill ; God titt for his pleasure : I find him condescetidinglie kind amidst my many confusions and infirmities. O, what reason have 1 to love him, and be faithfull to him, who is so tender of such a wretch ; of one so unstable, unthankfull, and unholie : were not his mercie in Christ infinit, I should be undone, and had been so long agoe ; blessed be God for ever for Christ, in whom I desire to be found, and of whom 1 desire to walk worthie. Be not too much cast down, my dear, lett us hope in God ; for it may be we shall yet have good cause to praise him, even for what concerns our outward condition ; and if he shall be kind to our souls, we shall have matter of an eternall song : but he considers even our outward afflictions, and putts our tears into his bottle. Lett me know what you hear from London. My dutie to parents, and love to sisters. You never tell me whether you receive mine or not. Farewell, “ My dearest, “ Thine own atfectionatclie.” 7. To his wife— from prison. Sabbath. “ My dearest, *• Thou art so dear to me that I can neglect no opportunitie of saluting thee. I am well, but sometimes heavie : things look so dark, and God threatens to be so terrible, that I sometimes almost faint in my spirit ; but he is holy in all that he does and threatens to doe to me : it is but righteous with him to sett mine iniquities in order before me, and to make me possess former and latter transgressions in heavy strokes. Oh, if my soul may live before him ! If he be my God, and will be pleased not to make me a re¬ proach of the foolish, nor to his people, but will honour himselfe in me, and carrie on my soul’s spirituall and eternall good by the conduct of his providence about me, how happy should I be. All my hope is in his mercie in Christ, both as to my spirituall and outward condition ; and who knows but he may yet be mercifull to us both. 1 committ myselfe to him ; oh, if he would establish my thoughts. I committ thee, my dearest, to his love : I still doe not doubt but he will blesse thee, and see well to thee. Let me hear frequentlie from thee, for we know not how God in a little time may dis¬ pose of us. My dutie to my dearest parents, and love to dear sisters. Tell sister Dunlop that her lines are very refreshing and acceptable, as are also all that come from my dearest. “My dearest, “ Thine own.’’ 8. To his wife— from prison. “ My dearest, “ I am all way is glad to see thee well, for thou are dear to me. I blesse the Lord 1 am very well as to my health : oh ! if I could say that my soul prospers as my body. I have been under great confusion ; the griefs of my heart have been enlarged, and God thinks fitt much to hide his face ; and what can I be when the comforter that only can relieve my soul is away from me ; but 1 desire to wait on him : and one great thing that I ask of him is. that he would give me spirituall composure of mind in ac- acknowledging of guilt, humblingmyselfe for it, relying upon Christ for remission of it, resign¬ ing myselfe to the will of God, patientlie wait¬ ing his determination as to my condition, and laying my account with the worst: God I hope will hear me in this. I am convinced of God’s rigbteousnesse in his present judgements ; my sad unserious frame, when I had enlarge¬ ment, did portend a storm. May I think that the language of this stroke is, that God is re¬ solved to have me in despight of my corruption. I would fain think he hath designs of mercie to me : tho’ he hath appeared for most part very terrible to me since 1 was shut up, yet, 1 must say, that this afternoon I have had some re¬ freshing, particularly in Hab. i. 12, Mic. vii. from 7 to 10, and from 18 to the end, and Ps. xxvii. from 5 to the end, and Ps. lxvi. It may APPENDIX. 519 be he will make light arise on my soul ; and who knows but yet he may disappoint my fear, as to my outward condition, tho’ I confesse I can see no way to be delivered : but he can de¬ liver when all refuge faills ; he is my hope. Farewell, my dearest ; have a care of thy selfe, and let us sitt loose to one another. My dutie to dear parents, and kind love to sisters. The Lord be with thee, “My dearest, “ Thine affectionatelie.” « What for a day we shall have to morrow, the Lord knows ; but the glad day that the Jews had, in stead of sorrow designed by their ene¬ mies, comes into my mind, Esther ix. 22 ; hut it looks with a sad aspect. If it be fit, you may after a day or two, if we have quiet, see the advocat and Lundie’s lady.” 9. To his wife — who was probably at this time at Glasgow, waiting on old Mrs Car- stares, the mother of the Principal. “ My dearest, “ I had yours on Saturday last, and am glad to hear of your being in any tollerable health, tho’ sorrie that you are in the least in¬ disposed. I long, indeed, to have you with me ; and shall have no small satisfaction in your re¬ turn, though it should be attended with disap¬ pointments of what you and I both would have desired. God does all things well ; and as he is a jealous, so he is a compassionate God. I have been this day helped to some resignation of ray- selfe to him, and trusting in him, that yet over all that I have provocked him to doe, he will be gracious to me, even unworthie wretched me. “ His word hath not altogether lost its relish with me; and altho’ my house be not so with God, yet I hope he hath made with me an ever¬ lasting covenant. I would fain think he will never forgett what he did for my soul in Ken- terden and the Gatehouse : he allured me then into the wildernesse ; and how great terrors so¬ ever I was under, yet he spake comfortablie to me ; and it was, I hope, a time of love, the fruits whereof will remain. I have, indeed, since gone a whoring from him, and he hath not suffered me to goe without a check ; and what a mercie it is that I am not consumed. That of Jer. iii. 19 to the end, comes into my mind. I desire humbly to trust in him, tho’ he slay me. My dearest, the bearer hereof, it may be, will attend you, if you be ready to come away. He is a good horseman ; but Mr Harlow is to speak to him, and will give you an account if he be (to come) for you ; but if he be not for you, it is like he will not write. I should be content you were at some certaintie as to Mrs Adamson s affair ; I doubt not but you have wrote to her and had her answer. Have a care of yourselfe ; it is like that businesse which you wait for, when you have gott it, will neither please you nor me ; but we must he silent and patient. If you have money, I would have you to acknowledge my Lo. Register’s gentleman ; for he was civill to me, and I suppose to you too : it is he that came to the castle for me. Pray, forgett not to let my sister know how to direct to cousin Goodgroom, that she may convey a letter to her husband by Sandie : and it may be it would not be amiss that you wrote to him, and shew him that we are not unmindfull of him, and think him happie where he is, and will, I hope, remain without return, at least to this country, till times be more favourable for him. My dutie to my very dear parents. I am much concerned for my mother’s indisposition. Pray, lett me hear how she is. I would not have you leave her till she be prettie well ; and, so soon as that is, haste you so soon as your affairs will allow, to, “ My dearest, “ Thine own most affec¬ tionate husband, “ W. C.” Dec. 8, 84. “ Sister remembers you kindlie. “ I remember sisters and all friends. “ Kindlie I long for thee.” No. XII. — Letter from Mrs Dunlop to her husband, then at Carolina, N. A. Edinburgh, Sept. 2, 1686. “ My very choys and dearest heart, “ Tho’ I have written with this same occa¬ sion severall times, yet so long as I have the op¬ portunity by the vessel’s stay beyond her resolu¬ tion, I am glad to take it, and what to say I am difficulted, for my hope of coming this season is very like now to be frustrat and cut of. The vessall going from London, was that I had an eye upon, and pleased my sometimes now and then thoughtnesse about thee y‘- we wold be together er long, and now when I find that I cannot, upon many accounts which I shall not resume, having w-ritten frequently to thee be¬ fore, it is not possible for me to eveat heavinesse. Who wold have said, I wold have been so long of seeing thee, and have thy uuexpressibly de¬ sirable and choice company. I cd- scarce have believed that I ca- have borne it as I have done. It is a wonder to myself, considering how- many heavy and sad things have been in thy lote and mine since we parted, but God hath done it, who is just and righteous in all he doth : but, oh, it is not easy to get the heart right under afflicting dispensations. How often wa- I have thought this or that wa- have been easier to me, if my dear, ever more dearer to me, had been near me; but God hath thought fit it shd- be otherwise, and I desii’e to be helped to submit, if he will give himself. Mv dear heart, 520 APPENDIX. shall 1 think another year shall go over before I will see thee t Dare 1 have no hope of seeing you till it be then? You know, my dearest, I never took upon me to contradict what thou thought duty, nor, I may say, what you did ; neither will I now do it; yet I cannot but say I apprehend there will be little comfortable liv¬ ing in that place, for thou wilt have no encou¬ ragement at all from this. All have deserted it, and frequent accounts coming from New Jersey, engadgeth several more to it. I had a line from London the last week, which sheweth that the English are very much off that plantation of Carolina this year; what is the reason they know not ; and that your governor was come to New England for his health, the place continu¬ ing sickish. My heart, thou may easily think it is much to me to bear, not knowing how thou art this having not had one line since 85 ; but, my dear, if thou thinkest thou cannot come home, and take me with thee, which would make a difficult voyage easy and pleasant to me ; nothing, nor place will keep me from thee so long as I have been* but impossibi¬ lities, which I think, indeed, hath kept me from coming in this vessel from London. All friends here are well. I know your sister Margaret will write to you from Glasgow,! for she is there just now, and give you an account of your brother’s marriage. I am yet uncertain myself where to stay, for I have taken no house here yet, nor do I think to settle in any place like a winter habitation. It is some comfort to me, so long as I am in dependence and expectation to come to thee. I would have been with thy mother (who is extraordinary kind and concern¬ ed in me, for which 1 desire you may thank her, and your brother and sisters, for all of them are so to me), but I cannot now have my poor fatherless and motherless sisters from me, so long as I am here. My dear mother left me to be a mother to them; and thou knowest, my dear, how much room I had in their affections. O heavy stroke ! Lord sanctify it ! — My heart, I have just now seen a very particular satisfying letter, concerning all tilings in that place, and of the gospel, from Mr Ord, which makes me long to hear from thee. God give thee light of di¬ rection to what is duty. I always think, my dear, that there is one thing concerning thy main work which requires thy home coming, that bath extremely troubled me many times that you went away without it ; and I cannot think but it hath been a trouble to yourself : but, my heart, however much 1 covet to have thee ♦ >. e. the means of defraying the expenses of such a voyage. ♦ M.S. Gl°» alongst with me in that sorry like voyage, I dare riot take upon me to desire thee to do any thing that may fall out to thy prejudice. I know not if all my letters I have written will come to thy hand ; but I have written particularly of all concerns me. That John Sime’s wife hath written to himself, showing him that Hugh of Dam-head will not give me the 12 pound, for he says he hath nothing of his ; and he. knows not if his brothers be dead or not. She hath nothing to come to him with to pay her freight and board. My dear, I wd- have been content thou hadst written to Hugh Shaw and Cunningham about these things, and to James Livingston about his son, and to Mr Donaldson. She wd- have the money paid in here. My dear, I will trouble thee no more at present. The Lord himself be with thee, to protect, direct, encourage, and comfort, under all thy pressing difficulties, in a strange and land ; [that] his fellowship and presence, [may] make up all to thee, is the earnest and constant desire of, my singularly dearest, thy intearly, unalterably affectionate, and obedient wife, while I am “ Sarah Carstares.” Sep. 2. 86. “ Dearest, all friends remember thee very dearly. My sister’s husband, and M. Ana Sure, who is to me very faithful here, and a sincerely kind friend. I shall not say they are few, but de- sreto bless God I have so many. Your own sons are very pleasant, healthy, strong children. Many allege you wd- be jouse* of them, but we are now taught to be denied to all things in the world. Your mother will not condescend to let them go with me. I think she will prevail to keep the one, for I do not cross her so sore ; but I think you will rather desire Sandie, because he is eldest, and I am very loth to part with Jock, for he is a great datit. My brother is dealing ear¬ nestly for him ; but your mother will never want one of them ; but thou couldst much determine and clear me, if you were with me; but why shd-I please myself with that I have no hope of. “ Adieu, my heart, “ S. C. “ My Lady Cardross, and all the children are very well. The cloath the Lady Endiegellyf speaks of, was not to come till I come myself ; so I have not taken it. Jockie presents his ser¬ vices to you. “ For Mr William Dunlop, at Port Royal], Caralina.” • Joyous — or as we would say, proud of them. “ To Joys, Join, Ios, v. a. to enjoy. — Douglas ” — Jameson. f Edenkellie. APPENDIX. 5L21 Biographical Notice of Principal William Dun¬ lop, from a work on the Genealogies of Dum¬ bartonshire, preparing for publication by James Dennistoun, younger of Dennistoun.* “ Mr William Dunlop, in early life an active supporter of the moderate covenanting party, and afterwards Principal of the University of Glasgow, was eldest son of Mr Alexander Dun¬ lop, minister of Paisley, f of the family of Au- chenskeith in Ayrshire, by Elizabeth, daughter of William Mure of Glandersten. Descended by his father and mother from families reared in the strictest observance of presbyterian forms, and connected by the marriages of his aunts and sisters with several zealous champions of that creed, Mr William Dunlop early devoted him¬ self to the ministry ; and, as in those days an al¬ most necessary consequence, imbibed a strong attachment to Whig principles. On arriving at manhood, he became a licentiate of the church of Scotland, at that critical juncture of her his¬ tory, when her warmest friends, worn out by long opposition to the episcopal government of Charles II. and driven to despair by new seve¬ rities, attempted, as a last resource, to secure by arms freedom of conscience and personal safety. Whatever may be the merits of any cause in which the standard of rebellion is raised, the act of unfurling it must ever attract a crowd of the discontented, who have nothing to lose, and every thing to gain by civil war, while, at the same time, it generally alarms more reasonable, or more cautious partizans : a separation of views and interests naturally follows, between those of violent and those of moderate senti¬ ments, which often renders both an easy con¬ quest. Such was the result of the appeal to the sword made by the covenanters ; it was unwil¬ lingly adopted by the Whig party, at the head of whom were Welsh, Carstares, &c., and whose principles came to be engrafted upon the British constitution in 1688 ; but was eagerly pressed by Hamilton, Cargill, and the fiery republicans, who anticipated individual aggrandisement from the general confusion. To the former of these parties, Mr Dunlop from the first attached him¬ self, and continued faithful through life. What its view's were, may be best gathered from “ the Hamilton declaration,” drawn up partly by him¬ self in June 1679, and quoted by Wodrowj as expressing the objects of the moderate presbyte- rians. * We return our best thanks to Dr Denniston for his valuable communication. We give it with pleasure, a place among these memorials ; and our respected friend will not take it amiss if w'e should add, that our doing so is no pledge of our concurrence in all the sen¬ timents he has been pleased to express. We differ some¬ what on the comparative merits of the parties in the great struggle, hut we cordially agree in opinion as to the character and merits of the venerable Principal. — Ed. t Dunlop Papers. “ The insurrectionary movements of the co¬ venanters brought upon them a severe retribu¬ tion from the exasperated government, and many were obliged to find in voluntary exile, an escape from the penalties of the law. Others, reduced to despair by the increasing gloom of their political prospects, came to a resolution of abandoning for ever a country, where a longer residence only exposed them to the alternative of choosing between a sacrifice of duty and the se¬ verities of proscription. The new and promis¬ ing settlements in North America offered a se¬ cure retreat for all those whose political or reli¬ gious principles rendered them dissatisfied with their native land ; and in Carolina and Virgin! many of the Seotish presbyterians and repub1 cans sought a liberty of conscience and of lan guage, which was denied them at home “ Among these emigrants was Mr Dunlop, § who, endowed by nature with an uncommonly shrewd and active mind, and connected with many leaders of the clergy at home, was enabled to acquire an influence with his party far be¬ yond what belonged to his years. (This in¬ fluence had been much increased by his marriage with Sarah, sister of Mr William Carstares, who proved himself by the ordeal of torture, as well as by his unwearied intrigues with the court of Nassau, not an unworthy protector of the inte¬ rests of Presbyterianism). He accordingly main¬ tained a constant correspondence with his friends in Scotland ; and, as soon as his favourite prin¬ ciples in church and state had been established upon the ruins of the ancient monarchy of Bri¬ tain, he returned to enjoy the fruits of the long desired revolution. Yet his devotion to that cause did not prevent him from fulfilling the duties of a useful citizen in the colony which af¬ forded him a refuge : and, accommodating his exertions to the wants of a new settlement, we find him performing the functions of his sacred office, and at the same time, as major of a regi¬ ment of militia, providing for the temporal peace and security of the country. “ After completing at the University of Glas¬ gow the course of study requisite for obtaining licence, he had been introduced as private tutor into the family of William, Lord Cochrane. || There he superintended the education of John, afterwards second earl of Dundonald, and of his brother, William Cochrane of Kilmarnock ; and continued in after years to enjoy their confidence and friendly correspondence, f By their in¬ fluence, he was presented to the parish of Ochil¬ tree, on his return from America in 1690 ; and a few months after, had a call to the church of Paisley. But ere he could be ordained to either of these livings, a wider field of preferment II Macure, p. 232. 3 U IV. t Vol. iii. p. 93- § Dunlop Papers. H Dunlop Papers. APPENDIX. 522 opened to him, by the removal of Principal I Paulis of the University of Glasgow.* King William, glad of an opportunity of rewarding those exertions in his behalf, which he had to acknowledge both from Mr Dunlop, and from his brother-in-law, Mr Carstares, presented the former to the vacant chair, by a warrant under his sign manual, at Kensington, 13th November 1690. f “ In performing the duties of this important situation, Mr Dunlop was distinguished by his zeal for the interests of the seminary thus put under his control. As representing it, he was an active member of the General Correspondence of Scotish Universities in 1692; and in 1699, he had a commission to lay before the king, the impoverished state of the revenues of that insti¬ tution, and to petition aid from the royal favour. The result of this mission was a gift of L.300 sterling, which the Principal was directed to receive for the university. His exertions were also directed to an object foreign to the usual duties of his chair, but for which he was singu¬ larly fitted by his acquaintance with commercial affairs, acquired while a planter in Carolina. The learned professors of Glasgow, captivated by the golden dreams which dazzled their coun¬ trymen, on the formation of the celebrated Da¬ rien Company, attempted to realize for them¬ selves a share of the promised gains, by invest¬ ing L.500 sterling of their common funds in the stock of that undertaking. The Principal j was chosen a director of the company, and in their sanguine speculations, and cruel reverses, his experience and sagacity proved highly useful. “ But while occupied by these various impor¬ tant objects, Mr Dunlop remained faithful to his first love, and watchtd over the now trium¬ phant cause of ‘ the kirk,’ with the same devo¬ tion which he had displayed in her hour of dan¬ ger. Immediately after his installation as Prin¬ cipal, he obtained ordination, having received a call from the magistrates and people of Glasgow to be one of their ministers, but without any emolument, or cure of a parish. He thus ac¬ quired a seat in the church courts, where his in¬ fluence at court through Mr Carstares, as well as his own staunch adherence to the interests of presbyterianism, secured for him the highest confidence, and the most implicit deference. In 1604, he was commissioned by the General As¬ sembly, along with Mr Patrick Cumming, mi¬ nister of Ormiston, to congratulate the king upon his return from the continent ; and 1695, was instructed by the moderator and commis¬ sion of that body, to prepare an address to his majesty on the death of the queen. He was in the same year, at the suggestion of that commis¬ sion, appointed by the presbytery of Glasgow to attend upon the sitting of Parliament, in order to watch over the interests of their church. The talent, which, at an earlier period of bis life, Mr Dunlop had displayed in the slippery and intricate paths of political intrigue, still found opportunity for exercise, amid the duties of the ministry, the subtleties of science, and the distractions of commerce. He maintained an extensive correspondence with the leading men of his party ; and, like his brother-in-law Car- stairs, continued through life to display an ex¬ emplary attachment to his first principles. The influence which he thus commanded at court, was exercised rather for the benefit of the pub¬ lic, or of his friends, than with selfish views ; and the only farther mark of royal favour he had to acknowledge, was the appointment of historiographer for Scotland in 1693, with a pension of L.40 Sterling. § “ But in the prime of life, Mr Dunlop was called from these varied avocations, regretted alike in his public and private spheres. Dying in March 1700, he left behind him a name dis¬ tinguished by the rarely united excellencies of an eminent scholar, an accomplished antiquary, a shrewd merchant, a brave soldier, an able po¬ litician, a zealous divine, and an amiable man. To use the words of "Wodrow, ‘ His singular piety, great prudence, public spirit, universal knowledge, general usefulness, and excellent temper, were so well known, that his death was as much lamented, as perhaps any one man’s in this church.’ “ Of the two sons who survived him, Alex, ander became eminent as professor of Greek in the same University, which had benefited so much under the superintendence of his father ; while William filled the chair of Divinity and Church History in the sister seminary at Edin¬ burgh, where his piety and eloquence were just¬ ly admired, and his early death was universally regretted.” [| § Dunlop Papers. || Principal Dunlop wrote a descriptive account of the Shire of Renfrew, which is preserved among the Sibbald MSS. in the Advocate’s Library. It is noticed by Bishop Nicolson in his Scotish Historical Library ; and by Cravvfurd in his History of Renfrewshire, who designates its author, “ a reverend and curious anti¬ quary,” p. 13, Robertson’s edition. This MS. is at pre¬ sent (Nov. 18^9,) in course of publication by the Mait¬ land Club at Glasgow, with Notes by a Gentleman well skilled in the History and Antiquities of his coun¬ try. We have read the document with great interest, Among the Dunlop MS. papers, there is a curious cor¬ respondence conducted by Principal Dunlop regarding the improvement of the Fisheries on the River Clyde. &c. A portrait of the Principal is to be seen in the Common Hall of the University of Glasgow. We are of opinion, that a more extended record of the life and deeds of such distinguished individuals, would be a valuable accession to our national biography. — Ed, * Macure, p. 232. * Dunlop Papers. 1 Dunlop Papers. appendix. .523 No. XII. — Letter from Sir James Steivarl ( afterwards Lord Advocate ) to Dir Carslares , from Edinburgh, but without dale. On the back of the MS. there is written in Wodrow's handwriting, “ July 1687,” probably on the subject of king James' liberty. “ Sir, — By my last I acquainted you with tha state of things here in order to the liberty lately granted by his majestie, but because I was then straitned in time, you may now be pleased to know that the liberty is granted to Scotland as fully, and almost in the same terms with that granted to England. That his matie is very well satisfied with its effects, and the thanks given for it in England ; and that he expects the like from Scotland. That the people here are well pleased with the liberty, and, even by the court reckoning, three parts of four are judged to favour and comply with it. That in Scotland it is like to gain a fair greater and more cheer¬ ful acceptation. That since his matle expects thanks, many and almost all judge it civility to give them by their addresses. That there is nothing his matie seems to desire more than the establishing of this liberty fairly and equally for all his subjects. That the Papists at court stick not to say that they know how many doe em¬ brace this liberty, how little it favours the growth of their religion, and how likely they are to have a Protestant successor, and that therefore they can neither desire more nor ex¬ pect lesse than that this liberty should be con¬ sented to by the Parliament of both kingdoms. That as to admission to publique trust, as lawes do not at present hinder his matie to conferr them on Catholicks, so no law can be made to force a Protestant successor to shew them the same kindness. That it is a thing most certain that his malie is resolved to observe the succes¬ sion to the crown as a thing most sacred, and is farr from all thoughts of altering the same : and, lastly, that his matie is very desirous to have the prince and princess of Orange to consent to and concurr with him in establishing this liberty. These things you may be assured of as very cer¬ tain, and with all that the church of England- men doe so little dissemble their dissatisfaction with the favour shewed to dissenters, that the dissenters can impute it to nothing but their old spirit, and generally begin to fear that the re¬ exaltation of the church of England may be more hurtfull to them than all that the papists are like to attain : so that upon the whole it may be feared that if the prince continue obstinat in refusing his matie> he may fall under suspi¬ cion of the greatest part of England, and of all Scotland, to be too great a favourer of the church of England, and consequently a person whom they have reason to dread. It’s true that the church of England hath had a very generall conformity in England, and that the noncon¬ formists have been but a small partie in respect of them ; yet now it appears that this conformity hath been more out of compliance with the law than their inclination, and that the generality doe rather favour the liberty : upon all which some think it will be the prince’s wisdome to comply with his matie and to approve this liberty, seeing thereby he will both very much please his malie and evite a growing jealousie of the farr, farr greatest part of the kingdoms, and yet, on the other hand, doe nothing really either in prejudice of the Protestant religion, or of that power which may one day devolve upon him with the princess to doe what he shall find just and right. And many think that this comply- ance in the prince might be farder a wise part both as to the conciliating of bis majestie’s greater favour, and the begetting of an understanding betwixt the king and the states. Many think, therefore, that the parliament will consent to the liberty, and so much the rather that they have a Protestant successor in prospect ; whereupon others think that the same Protestant successor should be of the same thoughts, rather than to irritat to measures unthought on: but some judged the prince’s obstinacy to proceed from three causes — first, that the Invoys that h'13 majestie hath had there of late have not been proper persons, and perhapps by some not in¬ tended to gain him to a right sense of things, and a better understanding with his ma^- 2dly, that at our court there is a French faction who are well content to keep the prince from coming to any better understanding with his ma'y> and doe willingly see him mistake without desiring his better information: and, thirdly, that the prince hears mostly (for want of others more sober) discontented church of Englandmen ; and that it was Dykevellt too much conversing with such here, that made him so uneasie to the king, and leave him so dissatisfied : and to these reasons they add that a Protestant envoy of good sense might certainlie clear the prince, and bring about a better understanding betwixt his ma'y and him. As for your friend and mine, he much regrets the unhappiness, and wishes it were remedied. I cannot on these things make any conclusion, but simply leave them to your reflection, and the best use you please to make of them. I think you will not doubt my endea¬ vour to understand and represent things just as they are, seeing that I have no temptation in the case, save to wish well to those I love, according to the best light that God gives me. 1 will ex¬ pect your answer p1 first, and as you may think that I write from this side with some byasse, so pray remember that you have been much longer on that side than I have been on this. My best respects to all friends, to whose correc ¬ tion I submit myself'e, and am, “ Your true friend and servant. 521. APPENDIX. P. S.— Receive herewith our Scots liberty. J hope an indemnity may quickly follow. 1 am also told that earle Rochester is going to the Spaw, and that he is to take his way by the Hague. You know he is a great church of England man, and at present sufficiently dis¬ contented. * (Address) “ For Mr James Dunlop, mer- chand in Rotterdam. “ Send this pr first to yor cussin at Leyden : delay it not.”* No. XIII. — Account of Mr Macbean of Inver¬ ness, extracted from Letters to Mrod. Vol. X Vl- No. 55. MS. “ Among the signall and seasonable Encou- rag‘ • qch God gave to his suffering people, it was none of the least, that when among the persecuting party there were found such as did not settle on easie measures of the work of grace, but found it necessary to strive to enter in at the strait gate, and take the kingdome of heven by violence, such found themselves under a power11- obligation to forsake the persecuting side, and declare for the cause of truth, and join them¬ selves to the persecuted, chooseing rayr- to suf¬ fer affliction with the people of God, than to enjoy yr- ease and externall comforts of time for a season, &c. qch- was very confirming and com¬ forting to the suffering witnesses of the day. Many instances hereof might be given, but I shall only mention one, and one worthy to be transmitted to posterity in letters of gold, if you’ll consider the person, the reason of his ap¬ pearance, his testemonie, and success. The person was Mr Angus Macbean minr- of Inverness, a man of great judg‘-, excellent, learning, and in his own opinion, less than the least of all saints, but in the judgl of those who had the best discerning, a man who grew in grace and in the knowledge of the Lord Jesus Christ, to a more than ordinary degree ; this faith11- witness was settled at Inverness in 1684, he inveighed agsl- the sins and errors of the time, particularly agst- those of popery w1- great judg'- zeal, and boldnes, especially in 86 and 87, when popery was like a deludge threatning to overflow * Those who did not wish well either to Sir James Stuart or to the covenanters nicknamed him by the title of “ Jamie Wylie” or “ pawky Jamie,” and the above letter rather indicates a desire to put up with things as they were under the indiscriminate indulgence granted for a time by James ; and he very soon accepted the office of Lord Advocate under the reigning administra¬ tion. The stricter presbyterians no doubt held out; but Sir James did nothing more than the great body of presbyterian clergy, who, wearied by the long and relentless persecution, were glad to accept of abreathing time under almost any conditions that were not abso¬ lutely revolting to conscience. 1 Mr James Dunlop was a brother of Principal Dun¬ lop, and son of Mr Dunlop of Paisley, whose wife was a sister of Mis Carstares the Principal’s mother. the land : from that he advanced, as he grew in saving illumination, to open up the defection and spirit of persecution qch- prevailed among a party, and at last found it necessary to make a secession from them, and therefor preached on these words, Job [34. 32.] ‘ Lord what I see not teach thou me, and if I have done iniquity, I shall doe soe noe more.’ In the application, he appealed to the omniscience of God, that he choosed to live and die minr- of Invernes above any place or people in the world ; but when he found he could not continue among you as for¬ merly without rebelling agst- God and conscience, he must leave ym-, and beg they would put the most charitable character [construction] [sic] upon his soe doing that it was capable of ; and for enabling them to doe soe, he found it duty to tell them, that the following scriptures were by a strong hand and great power conveyed and brought home to his heart [Isa. 8. 12.] Say not a confederacy to whom this people shall say a confederacy, &c. 2 Cor. 6. 13, 14. * Wherfore come out from among ym- and be ye separate saith the Lord, touch not the unclean thing and I will receive you,’ &e. Rev. 18. 4, * And I heard anoyr- voice from heaven saying come out of her my people, that ye be not partakers of her sins, and that ye receive not of her plagues ;’ and after he explained and applied these scriptures to his present case, he took his leave of them. Some were angry, some surprizd; but those who reced- most good of his minrie- were all in tears. Next Lord’s day he preached in his own house, qch- not being able to contain the numbers that came, a meeting house was chosen, where he preachd w1- greater freedom and enlargement of soul than ever, to the con¬ viction of some, the consolation and confirma¬ tion of oyrs- and edification of all. But the grand enemy envyd the power and success of the Gospell, and stirred up some instruments of cruelty agst- him, who accused him before the Councill of Scotland, as if he were ane enemy to Caesar, and the grand incendiary of the north, &c. upon which he is sumoned to appear be¬ fore the Councill at Edr- He obeys, intermitts his labours, leaves his people in sorrow, appears before his judges, and a gracious God haveing more work for him at Invernes, he getts leave, upon bail of 10000 merks to answer when called and soe comes back to that part of his flock which ownd his minT-, among qra- he preached the word w*- all boldness, wl- great power, faith¬ fulness and success. But suddenly and unexpect¬ edly a second charge comes to him to appear be¬ fore the Council of Scotland on six dayes warning, on the midst of winter, and a bad habit of body ; but w‘- great resolution he goes, and along with him the honourable Duncan Forbes of Cullo- den, his Cour> who came but a few hours before the sex dayes were elapsed : he is called, appears, APPENDIX. 5<25 and the different questions of the day are pro- posd to him, particularly, what he thought of the King’s power, was it limited or not? He answered from Ro. 13. v. 1, ‘ Let every soul be subject to the higher powers ; the powers that be are ordained of God,’ &e. The Chancelour then said, ‘ Is the King’s power limited or not ?’ to qch- the worthy confessor answered, ‘ I know noe unlimited power but the power of the eter- nall God.’ Upon which he is commanded to prison, to closs prison, where he is soe confined that noe friend could have any access to him, and such was the coldness of the season, the weakness of his body, and rigor of his attend¬ ants, that his life was in great danger : but a gracious God stept in and commanded deliver¬ ance for him ; for he was not above six weeks in that state of bondage, when the joyfull uews came to Edr- that the prince of Orange was comeing over to Britain for the defence of the protestant interest and work of reformation, in opposition to popery, wch- was then like a de¬ luge overflowing the lands. These news fill all l’onest hearts wl- joy, and papists (particularly those at the helm,) w‘- horror and fear, qch- made them flee ; and such as were friends to prisoners of hope, open the prison doors and sett them at freedome ; among whom was the worthy Mr Macbean, who grew in favour w*- God and his people. But the toyl he sustained in winter jour- neis and prison had brought him into a deep con¬ sumption, of which he died at Edr- Feb. 1689, in the 33d year of his age, greatly lamented by the faithfull witnesses of the day who were ac¬ quainted w*- him : But noe people had such ground of lamentation for the death of that pious, zealous and faithfull person, as his friends at Invernes, where the dry and dead bones were gathering, the spirit of life entering, pleasant blossoms of a plentifull harvest appearing, when he is suddenly taken away from them: there are some liveing witnesses hereof yet remaining, but most are fallen asleep. Lett, to Wod. 1G. 58. « R. D. Sir, — The enclosed paper is Mr Stu¬ art’s hand write : he had no leisure to look over it before he left this place. 1 persuade myself he’ll take it in good part that you put it in your own dress. Mr Stuart is one of these that pro¬ fited by Mr Mackbean’s ministry at Inverness ; so, that what he relates of him, is from his own knowledge. 1 am told that Mr. Mackbean preached for some time at Air, before his settle¬ ment at Inverness. You’ll inform yourself whether he was actually minister there or not. I have had it from good hands, that the occasion of his going to Air was this. I he then pre¬ vailing party finding that it was very much to the detriment of their interest in the west, that they had settled a great many insufficient men in that quarter, resolved to alter their mea¬ sures ; and to that effect wrote to the professors of divinity ; and amongst others to Mr Menzies at Aberdeen, to enter the most promising of their young men upon trials, that they might be in case to recommend such as were more likely to reconcile the west country people to their way of thinking. Mr Menzies upon this, obliged Mr. Mackbean, and one or two more of his stu¬ dents, to submit to trial before the presbytir of Aberdeen, and thereafter recommended him in the strongest tearms. Mr Mackbean’s memory is savoury, not only at Inverness, but at Edin¬ burgh, where he ended his days. I had sent this paper soone'-, but that it fell by my hand. “ I am, with very great esteem, “ R. D. Sir, “ Your most affectionat brother, and humble servant, (Signed) “ Alexr. Fraser.” Edinburgh, 5 Aug. 1723. “ Wm. Stewart at Inverness, and Alexr- Fraser at Urquliart, are on the list of the com¬ mission of Gen. Assr- 1723. In the contents of vol. 16, No. 55 is marked by Wodrow, “ Mr W. Steuart Kiltearn* account of Mr. An. M‘Bean.” In a letter to Mr Marr, Feb. 1728, (Wo. Lett. iv. p. 107.) Wodrow urges him to get all he can relating “ to worthy Mr M‘Bane, minr. at Invernes. It’s but a scrape I have of him in the history of the sufferings ; and since y‘- was published, I had a letter from William Steuart, or his son in law, wl- a short hint or two about him. But I want every thing can be gathered about that excellent person.” Notwithstanding an error in the name, he seems to be the subject of the following para¬ graph, from Fountainhall’s Decisions, at 1st Dec. 1687. vol. i. 488. “ Mr Donald M‘Bain, late minister at Inverness, having left his charge, and joined with the presbyterian ministers at Edinburgh ; the privy council, on the bishops motion, called him, and try him upon his prin¬ ciples, if he thought archbishop Sharp’s death a murder, or Bothwel bridge a rebellion, or dis¬ owned defensive arms: and, his answers being unclear, he was imprisoned ; tho’ some com¬ plained of this way of expiscating speculative opinions. On the 23d of February, 1688, he was again staged for his disloyal principles, and ambiguous answers, and sent back to prison.” Some account of eminent Ministers in Argylethire ; in a Letter from the Rev. Mr Jas. Hoes of Campbellon, to Mr Wodrow. MS. Letters. Vol. XVI. p. 184. “ II. & V. D. Sir, — I know not well what apology to make for the long intervall between * In 172S, Wm- Stewart at Kiltearn, is on the Com¬ mission. In 1694, Wm- Stt. at Kiltearn, is the 2d name | in the list of ye- Commission. 526 APPENDIX. this and my last, and the receipt of yours, but the broken state of my health, melaneholly,* and indisposition, etc : though 1 assure you, I forget yow not, and never will, while in the body. I have done all 1 could, both here and in Arran, to procure that manuscript of Sir Ja. Turner, but without successe. Mr Turnbull is dead; and his relict, who is but ill affected to our in¬ terest, refuses to part with it, saying, she knows not where it is ; however, if I can possibly pro¬ cure it, ye shall have at least a copy, tho’ I’m told by such as perused it, y‘- it contains but a narrative of what he did there, with his orders and reflections, on what he calls the stiff humor, and obstinat refractory temper of the people, op¬ pressed and persecuted by him, wch- was all he had to say in his own justification : but how far unjustifiable he was in this, he hath since been long err now judged by it, as ar his principalis befor another tribunall ; and will be yet more solemnly at the great day. “ I approve of yor designed biography to re¬ vive the memory and names of the worthies once in our land ; and yrby yf- of now, alace ! so much decayed religion, for w^*1- you will have a great reward, as well as for what great and good service yow have been enabled already to do; and hope you will not be discouraged, from the obloquy of the want of the vitiated taste of the age : in your late worthy and valuable book, truth needs not collors, nor jingle-jangle of words. I can furnish yow but little from this place as to the lives of some worthy men amongst us, more then what you have already insert in yor- late book ; except to give yow the names of buch as keept faithfull to the end, being but a stranger, and not a native in the country, tho’ now amongst the oldest in our synod, except a very few. Mr. John Duncanson, min1' in Lorn, was a very good man, and usefull in his day, and keept staunch to the last; and Mr Robert Duncanson, for sometime my colleague, was a man of rare gifts and parts, and a Malleus episcopalium, for which he was not a little re¬ proached by them : he dyed in t'eb. 1697. Mr John Cameron, first minr* in Kilfinan, then in¬ dulged to Campbelton, was a more then ordinary countenanced preacher of the gospell, had many seals of his min’?- : was in the late times con¬ fined for some time at Lochaber ; and dyed about the end of Sept. 1680 ; as he was a man of a very edifying gift, so, of sore assaults and temptations to the last, and was eminently countenanced, as in all his minty-, so in that last he had at Camp¬ beltown. Mr Edward Keith his colleague, and my predecessor, was, by the Lord, brought out of a malignant family of the Keiths in the * His son (if I mistake not, his only son), died Octo¬ ber or November, last year, at Glasgow, while the latliei ’s illness prevented him from seeing him. north; his father sheriff of Montross. He was educated under rail- Mr Sam. ltutherfoord, at the profession at St Andrews ; and, by a call of Providence, and Mr Rutherfoord’s recommend¬ ation, setled minr- in the Lowland congregation at Campbeltown ; where, notwithstanding of many endeavours to turn him aside, yet con¬ tinued faithfull to death. He dyed in May, 1682. Mr Alexr- Gordon was one of a singular talent for lecturing ; was much persecuted and re¬ proached by the episcopall party, as being a great eye sore to them, as was the desirable marquesse, whose minr- he was at Inveraray. He dyed at Glasgow. Mr Patrick Campbell, his colleague at Inveraray, a faithfull minr- of Christ, con¬ tinued stedfast in the late times of persecu¬ tion ; and dyed, with much peace and rejoycing, about 1695 : as was his brother, Mr Duncan Campbell, minr-, in Knapdale, who continued stedfast in the late times ; but at his last was strangely overpowrd wt- mellancholy. Mr David Simpson, first minr- in Killean, and then in Southend, Kintyre, continued stedfast in his day, and was banished to New Jersey, where he dyed. His son, Mr David, conformed, but re¬ canted, and was min1, in Yla till his death. Mr Ja. Garner, a stedfast and sincere Christian, was minr- in Saddell : banished to Holland at the restoration ; and returning privatly to Scot¬ land, dyed in Glasgow. He was very useful! to exercised Christians, both in preaching and con¬ ference. Two Mr Archbald Mcleans, oneminr- in Cowall presbytry, another in Kintyre, con¬ tinued stedfast till the last, tho’ reduced to greac hardships. Messrs John and Daniel M‘Lauriu : the first stedfast in the late times, was after ye- revolution min1- in Kelmodan in Cowall ; was a man of rair parts, a great disciplenarian, and dyed about April, 1698. His brother was first minr- in Kilfinan, and yn- of Roseneath, a man of rair parts, and honest ; but I suppose ye were acquainted with him. Mr John Monro, minr-, at his death at Rothesay in Bute, was pre- latically educated, [and] licensed under prelacy by that party ; but, after that, the Lord fell in upon his soul ; and by converse wu Mr Robert Muir, and other good men, and prayer, he was, even in the height of persecution, brought of from that way, and was further confirmed by converse wl- the persecuted minrs- in Ireland, whether he fled; and at the revolution was first minr- in Lochgoylshead, and then last at Rothesay. He was very usefull to our synod, as he was to the whole church, being a man of a public spirit, and fitt to deal w1- quality. He had sore wres- ling at his death, but at last, before he dyed, was more then a conqueror. These are the most valuable, both for gifts and grace, stedfastnesse and faith fulnesse, who were in our synod, and ex¬ cept 6 or 7, vi?. Messrs Cameron, Keith, Simp¬ son, Garner, ye • 2 Mclanes, Mr John Duncan- APPENDIX. son, were all of my personall acquaintance ; and for the rest, I write upon sure grounds from such as were acquainted with them. Pardon this prolix trouble, which at your own desire 1 have given yow. Others it may be can inform yow fuller, tho’ not truer. “ I am, II. & V. D. Sir, “ Yowrs in all sincerity to serve yow, “ Ja. Boes.” “ Camp. Now. 30, 1724.” Wodrow — to William M'Farlane. Dec. 29, 1722. “ Sir, — I have yours of the 21st, and by the proposals you send me, I see the paper is not that of Mr Brown’s which I have, neither is it that valuable history of Mr McWard’s I was telling you I heard of, but had not seen, tho’ 1 am ready to fear the publisher of the proposals takes it for his history of the Defections of the Church of Scotland, when he sayes its much valued, and desired by many. “ The use of printing any more upon the di¬ visions about the Indulgance, I have not seen ; and have declared my opinion publicly enough against reviving our flames upon that head : and so I must decline encouraging any thing of this kind, especially till I know that the papers de¬ signed to be published, are his whose you say they are. I have a great value for Mr Mc- Waird’s memory, and know many papers were handed about, said to be his, that were not so; and, unless your friend have more to evict them to be Mr McWaird’s, then Mr. Goodel’s saying so (if he be the person I mean), its not enough. “ The letter of Mr McWaird’s I promised to Jet you see, is bound up with many other papers in a large volume, and you may see and com¬ pare it, with what of it I have printed, if you come out here. But you seem not 'to consider the value and importance of original manu¬ scripts, when you talk of my sending them in to John Gillis’s. Every body is welcome to see any of the vouchers of my history, but its fitt they be still in mine own hands, and not sent abroad at an uncertainty. I do not expect that any body would blame me for lending any thing that is my own, as you insinuat twice, and give your word that I shall not be blamed. For the imputation you threaten me with at the close, of partiality, I can see no reason for it; and so, till it be further explained, it can have no weight with me. I remember somthing like this was at the close of Mr McMain’s letter; but its a strange way of reasoning, that I must be par¬ tial if 1 communicate not with him my manu¬ scripts. He, or any body who blames me for partiality in any thing I have published, may determine the matter by seeing my vouchers, as I have said. “ I am, yours affectionately.” 5Ti Wodrow — to Mr John McMain, Schoolmaster, at the foot of Libberton Wind, Edinburgh. “ Sir, — 1 had yesterday a packet from the Revd- Dr Mather at Boston, in New England, aud among some things he sends me the in¬ closed, directed for you, come to my hand : it seems to be of some importance, and haste, by his note to me on the back of it ; and I knew no other way to direct to you than by post. 1 wish it may find its way to you. “ You have seen proper in three or four pam¬ phlets and books, as I am told, published by you, to attack the History of Sufferings 1 published some years ago. I find nothing in what you have advanced but what 1 am of opinion I shall soon set in its proper light, if the Lord please to spare me. “ I am heartily sorry for the sake of truth and your own sake, that you have repeated more than once in print several wrong reasonings, misinformations, and mistakes in point of fact. Attacks from the prelaticlc party were not very surprising to me, but I did not expect that per¬ sons of your profession would have discovered so much resentment against that history. “ You may be the less displeased that I have taken no public notice of what you have writt, when you’l easily observe that I have not an¬ swered the several bitter and envenomed pam¬ phlets against me by the episcopal side. I am waiting for Mr Bruce’s large work, which he calls his Impartial History, wherein I expect the utmost he and his party have to say against my book. When 1 have the whole that both sides have to advance against me, it will then be the most proper season for me to say what is ne¬ cessary in defence of the truth. Haviug no personal acquaintance with you, and this providential occasion of transmitting this letter to you offering itself, I thought it not improper to signify this much to you to prevent your mistaking my silence. “ I am, Sir, your real friend. “ Eastwood, July 30, 1725.” Lett, by Wod. vol. 3. last part, p. 214—5. McMain to Wodrow. Ed August 3d, 172.5. “ Revd- Sr- I received yours of ye 30th past, inclosing one from N. Engld’ whereby you've laid upon me an obligation to gratitude, which I acknowledge, and return you my hearty thanks for your kindness. “ Sir, You alledge, y4- in 3 or 4 books and pamphlets, said to be published by me, I have attacqued your history. I own I publish’d, 1. Mr Mcward’s book, entitled Earnest Contend- ings, &c. 2. Mr Renwick’s Testimony against ye Toleration (this I reprinted). 3. His Life and Death, .as written by Mr A. Shields. APPENDIX. 52 8 I know not a fourth wherein any thing is ad¬ vanced against your history y4M published. In each of these there is somewhat briefly, but very little, by me said anent your history, touching only at some passages and expressions yrin, which may afford an abler pen ground and matter for a larger volume than either of these sd- books. And yet ye said two books and pamphlet, in the opinion of some, not your an¬ tagonists, say more against your history, (tho’ written many years before it,) specially on these heads and points, wherein the Lord's cause and truth, and ye faithful contenders for ye same, are wronged, to conciliate respect unto, and justify decliners therefrom, and compliers w4- their opposites, than all that I or any such blunt and obscure pen, have done, or could do. And yet, Sir, because I like not dissimulation, I must tell you, if you consider not what is said by the above three worthies, the authors of those books ; and y4 we can say or do nothing againt the truth but for ye truth, I, and others too, do, and will see cause to say much more, with particular application, in publishing the papers (whereof I have some store) relative to Both- wel affairs, and the consequents yrof, more im¬ partially yn we yet see done. “ However, I shall (and, I presume, many others will) be glad to see you set in a true light the good cause and testimony of q4 suf¬ fering period, without any respect of persons, or partial byass toward the indulged, or other compliers. If this may be expected from one of your station and involvements, it might also be expected y4 you would employ yor parts to re¬ fute much of your own history; which yetjs rather to be wished than hoped. As to what you signify, y4 I have repeted more yn once, in print, several wrong reasonings, misinforma¬ tions, and mistakes in point of fact ; I know not ye particulars: if you had been pleas’d to point out these, or any of them, I should either have shew’d my authorities for y* same, or else being convinced thereof, retracted them. It was for the sake of truth, not of men, or of pri¬ vate or party interest, y4 I wrote any thing; and if you shew me y4 J have wrong’d ve truth thereby, or y* truth stands on your side, where¬ insoever we differ I shall humbly submit and acknowledge my fault. “ I shall not, (as I think I did not) oppose any thing you have written, or shall write, against any error or extravagancy, popery, pre¬ lacy, tyranny, or erastianism : I rather think and complain, y4 you have been too sparing against the last three, and have so far espoused ye interest, or complied w4 ye practice of the last of all, y4 little is said by you, or yet ex¬ pected from you, in yor present course and cir¬ cumstances, in favour of ye truth against that pernicious and prevailing error. “ I’m hopeful. Sir, you will not take my freedom in ill part, which I cou’d not well for¬ bear to use upon such an occasion, y* I did not presume to expect, and which, if 1 had not used, you might justly have chargd me w4 flat¬ tery and dissimulation. “ Sir, In regard I find great difficulty, at this distance, in getting letters transmitted to N. Eng¬ land, there being no packet-boat y4 I hear of, ordinarly passing liinc imle ; and understanding y4 you’l have some occasion to send answers to Boston, I make bold to desire and intreat you to admit of this piece of trouble, to send off the inclosed with your own. Expecting your com¬ pliance w4- this request, and excuse for the trouble, I am, Revd- Sr- “ Your much obliged and humble serv4-, (Signed) “ Jo. McMain. “ Sir, If no occasion of sending off the in closed offer in a month or so, be pleas’d to remit it unto John Millar, merchant in Trongate, Glasgow, his hand. We return our thanks to those friends in the west of Scotland, as also in the north of England, who have favoured us with copies of inscriptions on the tombs of the sufferers ; and our reason for not inserting them is, that they have all been previously published in “ The Cloud of Witnesses.” In the epitaph and inscription line, Old Mortality and John Howie of Lochgoin have left nothing to their successors. INDEX. ■f Abden, Lady, fined, iv. 48— her hard case, 213— her petition, ib.— reply of the council, 214. Abercromby, Tliomas, father and son, wanton cruelties inflicted on them, iv. 241. Aberdeen, address to the bishop from the diocese of, upon the projected recinding of the penal statutes, iv. 358. Aberdeen, bishop of, scruples some time to take the test, ii 301. Aberdeen, bishop and ministers of, their queries about the test, iii. 304— 306— their sense of it, 308, n. Aberdeen, commission for visiting1 the colleges of, i. 108. Aberdeen, magistrates of, letter to, about the test, iii. 358. Abernelhy, John, (Jesuit) his account of the popish go. vernment in Scotland, i. 96. n. Abjuration, of the society’s declaration of war — form of the oath of, iv. 157— magistrates of burghs empowered to tender it, 165. Abjuration of the reformed religion in France— form of it, iv. 351. Accommodation between presbyterians and episcopa¬ lians, which was proposed at London— Robert Doug¬ las’ thoughts upon it, i. 49. Accommodation, originated with bishops Leighton and Burnet, i. lxxi. 177— substance of the proposal at Edinburgh, 178— reasons against it, 178, 179— another meeting regarding it held at Paisley, 180^substance of the proposal there, ib. 181— a counter proposal made to it, 181, 182, n— is refused by the presbyterians, 181, 182 _ this refusal improved against them, 183 — Thomas Wylie’s thoughts on it, lxxvii. Achmoutie, Alexander, persecuted by Claverhouse, and suspended from preaching in Dundee, iv. 455. Acts of Council and Parliament.— see Council and Par¬ liament. Adair, William, ii. 181. Adam, William, merchant in Culross, banished, ii. 159. Adam, William, in Middle- Wei wood, his apprehension and murder, iv. 241. Adamson , Andrew, persecuted, iii. 390. Advocate, letter from the king renewing the powers of the advocate for Scotland, iv. 206— informations against him, 343. Aikenhead, laird of — see Hamilton, James. Aird, James, of Milton, his character and his sufferings, iii. 251. Aird, James, commonly called “Leighton’s ape,” u. 177. Aird, Margaret, tortured, iv. 50. Airly, earl of, commands a troop of horse, ii. 13. Aitchison, Andrew, his commission for Renfrew, iii. 375, n. Alexander, C. liberated on bond, iv. 215. Alexander, James, slierilF-depute of Dumfries, h . 124, 173. Alexander, James, fined, iii. 262. Alexander, John, of Drummochrian, forfeited after Bothwell rising, and with difficulty obtains his estate after the revolution, iii. 250. Alexander, John , of Hamilton, imprisoned, iii. 466. Alexander, Robert, exorbitantly fined, iv. 52. Alexander William, fined, ii. 3. iii. 425. Algie, James, condemned and executed, iv 189, 190. Alison, Archibald, taken prisoner at Ayrs-moss, iii. 221— executed, 223. Alison, Isabel, processed criminally, iii. 275 — her beha¬ viour before she was seized, ib. — remarks on her ex¬ amination before the council, ib. 276 — her process be¬ fore the justiciary, 276 — is found guilty and executed, ib. 277. Alison, John, a persecutor, his death, iv. 172. Allan, Eliezer, imprisoned, iii. 466. Allan, George, refuses to take the oaths required, iii. 3. Allan, James, banished, iv. 135. Allan, John, imprisoned, iii. 466. Allan, John, imprisoned, iii. 466. Allan, John, banished, iv. 219. Allan, Thomas, of Coldstream, imprisoned, iii. 466. Allegiance, oath of,form of it, i. 92 — refused by the earl of Cassils, 107 — act obliging all who receive university degrees to take it, 424, ii. 14 — act for taking it renewed 496 — imposed again in the royal burghs, 50?. Allison, Colin, and his father, iv. 175. Alston, Robert, imprisoned, iii. 466. Alston, Thomas, imprisoned, iii. 466— dismissed, 467. Ancram, treatment of some of the parishioners of, from the High Commission Court, i. 393. Anderson, Alexander, his testimony when banished being under 16 years of age, ii. 484. Anderson, Cornelius, condemned at Ayr— saves his life by becoming hangman to his comrades, ii. 53 — dies shortly after distracted, 54. Anderson, George, takes the test, iii. 361. Anderson, James, general postmaster— letter of Wod- row to him, i. xxiii. Anderson, John, junr. of Westerton, occasion of his trial for treason and condemnation, iv. 412. Anderson, John, of Glasgow, forced to take the test, but afterwards repents of it, iv, 170. Anderson, John, of Dowliill, heavily fined, ii. 360— far¬ ther notice of him, ib. «.— made prisoner, and soon re¬ leased, 387.— imprisoned, iii. 466. Anderson, John, banished, iv. 219. Anderson, Patrick, ii. 212— forced to leave Edinburgh, I 475. 3 x iv. 530 INDEX Anderson , Robert, liberated on bond, ii. 496. Andreev, Robert, fined for conventicles, ii. 333. Annandale, marquis of, gets the command of a troop of horse, ii. 13, 20, 35. Annandale, marquis of, his conduct when called before the archbishop of Glasgow, iii. 345— his ineffectual en¬ deavour to mitigate Lagg, iv. 252. Ann and, William, i. 383, Anniversary days, church of Scotland, since the refor¬ mation, opposed to them, i. 243. Anworth, instance of persecution there, iii. 385. Antrim, earl of, made privy counsellor, iii 347. Apologetical declaration, published by the society people, copy of it, iv. 148, 1 49, n — conduct of the council upon hearing of it, 150 — their proclamation against it, 100 — 162 — several persons executed for refusing to disown it, though they were not concerned with it, 166, 167 — persecution in consequence of it, 182 — 187. Apologetical relation, by Brown of Wamphray, the prin¬ ciples of it those which lie at the foundation of the British constitution, i. lxvii. Apologetical Narration, proclamation against it, ii. 7. Arbuthnot, Robert, iii. 362. Archbald, Robert, letter against him, ii. 4. Archbald, William, forced to flee his native country, iii. 394. Archbishops , English, king’s letter to them, iv. 399. Archer, John, is apprehended under the charge of being accessory to archbishop Sharp’s murder, iii. 55 — though he proves his innocence, he is confined for about eight months, and then with difficulty liberated, ib. — perse¬ cuted, iii. 389— further account of his sufferings, 438, 439. Archer, Thomas, iii. 270— liberated from prison, goes to Holland, iv. 404 — his deposition, iv. 232 — sorely wound¬ ed at Muirdykes, 295— taken andsent to Edinburgh, 297 — sketch of his life, 316— treatment before the council, 317 — endeavours to save Iris life, ib. — his trial, ib. — his last testimony, ib.— last speech, and his character for learning, 319- Archibald, Hugh, summoned before the council for preaching, ii. 123, 124 — imprisoned several years in Stirling Castle, 152 — his petition and liberation, 196. Ard/cinglass, James Campbell, laird, forfeited by parlia¬ ment, i. 215—297 — Commission against him, 299. Argyle and Tarbet, lieutenants of, proclamation for changing, iv. 179, 180, n. Argyle, Archibald Campbell, marquis of, goes to court in 1660, where he had assurances of welcome, i. 130- orders sent to seize him on the road, ib. — as soon as he arrived at court, is sent to the Tower, ib. — causes of his confinement, 131 — concealed motives of the pro¬ secution, ib. n.— very unjustly treated in the Tower, ib. sent down to Scotland, ib.— a warrant craved and granted to cite him before the parliament, 132 — law¬ yers allowed him, ib. — their names, ib. — his indict¬ ment for high treason read, ib.— his bill, with reasons for a precognition, refused to be read, ib. — his reasons for a precognition, ib. n. — heads of his indictment, 134 _ his speech after the reading of his indictment, ib. 135 —his defences ordered to be presented in a very short time, 135— abstract of his speech before the lords of articles, 136 — his supplication and submission present¬ ed to the commissioner and parliament, 137 — the parlia¬ ment declare his submission unsatisfactory, 138 — his speech in parliament on that occasion, ib.— the parlia¬ ment command him to give in his defences, ib. — his speech to the lords of articles thereupon, ib.— he gives In his defences, 139— information for him against the dittay given in against him by the king’s advocate, 139 — 143 — his speech before the parliament, April 9, 143 — 145, n. — is urged to give in duplies, 144, 145— his process is read over, 146 — his speech after reading of his process, 146 — 148, re. — many designed libels against him fail, 146 — his case represented to the king by let¬ ter sent with Glencairn, Rothes, and James Sharp, 148, 149— his son goes to court, 149 — list of witnesses against him, ib. — frequent messages from court to hasten his trial, 150 — he is sentenced to be executed, ib. — his conduct after receiving his sentence, ib. — ob¬ servations upon his sentence, ib. 151 — his composure and patience, ib. — refuses to escape from the castle by a stratagem, 152 — his conduct when he entered the tolbooth, ib. — his serenity and cheerfulness when in prison, ib. — meets with a singular manifestation of God’s kindness, 153 — letter from a minister to him after his sentence, ib. — his letter to the king before going to the place of execution, 154 — his behaviour before he went to the scaffold, 155 — his parting with James Guthrie, ib. — his behaviour on the scaffold, ib. — his speech upon the scaffold, ib. re. — remarks on arch¬ deacon Eachard’s account of his trial and death, 157 — the king’s declaration in his favour, 158 — his character, ib.— dead warrant not signed against him, consequently his death murder, ib. — the proceedings against him not even vindicated by Sir George M'Kenzie, ib. — the pro¬ cess against him omitted in the parliament records, ib. — booksellers in Edinburgh brought to trouble for publishing his speeches, 246 — his head taken down, 418. Argyle, Archibald Campbell, earl of, son of last, goes to court to intercede for his father, i. 149 — sisted be¬ fore the parliament, who find his speech and actions treasonable, 297 — the parliament send for him from London, ib. — he comes down and receives sentence of death, ib. — is liberated, and restored to his grandfather’s estate, 380 — made privy councillor, 416 — commission given him to disarm the papists, iii. 39 — assistance sent him to repress lord Macdonald and lus accomplices, 61 — the council’s letter to him after Drumclog, 84, re. — the king declares himself satisfied with his moderation towards the Macleans, 144 — cause of his losing favour with the duke of York, 291 — bills proposed to the lords of articles against him, 313 — other designs against him, ib. — his conversation with the duke of York on the test, ib. — has a second conference with the duke, 314 — takes the bond with an explication, which had been approved of by the duke, ib. — has another conference with the duke, 315 — a design formed to prosecute him for treason upon his explication, ib. — is again desired to take the test, and offers to take it as formerly, which is refused, ib. 316 — another conversation with the duke, 316, 317 — his explanation of his explication, 317, re. — is ordered to the castle, and a criminal process in¬ stituted against him, 317, 318 — council’s letter to the king upon this affair, 318 — he enters the castle, 319 — his indictment, 319, 320, re. — lawyers’ opinion of his case, 320, 321 — his speech before the justiciary upon the reading of his indictment, 321, 322, re. — pleadings of his lawyers and the king’s advocate, 323 — 336, re. — one of the lords brought out of his bed to vote against him, 336 — the verdict, 337 — suspecting a design against his life, he escapes from the castle in disguise, ib. — after much danger reaches London, 338, 339 — procla¬ mation upon his escape, 339, 340 — the king by letter allows them to pass sentence on him, which is accord¬ ingly done, 240, 341 — abstract of his designed vindica¬ tion, 341,342 — council’s letter about his jurisdiction, 361, re. — offers made by king James to him while a fugitive in London, iv. 283 — his behaviour in Holland, ib. — connexion with Shaftesbury, ib. — measures taken INDEX, 531 by Monmouth, and other refugees, 283 — minutes of a meeting of the Scots at Amsterdam, ib. — the expedi¬ tion of the earl, 284 — delay of that co-operation pro¬ mised by Monmouth, ib. — feelings of the country re¬ garding these attempts, ib. — information and measures of government, ib. 285 — earl’s voyage and landing in Orkney, 285 — that to Argyle, ib. — unfavourable state of the weather, 286 — reception at Kintyre, ib. — his de¬ claration published, ib. — reception of his son at Mull, 287 — what was here effected 290— earl’s information from the lowlands, ib. — causes of his inactivity, his re¬ inforcements, and dispositions, ib. — his personal de¬ claration, 291 — his small army modelled, ib. — his de¬ signs thwarted by Sir John Cochrane, ib. — reasons of that conduct, ib.— council of war resolves on an inva¬ sion of the Lowlands, 292— measures for that purpose, ib. — Cochrane’s attempts on the coast of Ayr and Ren¬ frew, ib. — earl’s demonstrations against Inverary, 293 —captures the castle of Ardkinglas, ib. — defeats a de¬ tachment of the enemy, ib. — desists from prosecuting the attack of Atliole at Inverary, 294— capture of the castle of EUengreg, ib. — his approach to the Lowlands, dissentions of his army, and their retreat to Glasgow, ib. — their dispersion, 295 — scuffle at Muirdykes of a party marching for Ayrshire, ib. — a sketch of the ex¬ pedition from its leaving Holland, till its defeat, ib. — particular account of the affair at Muirdykes, 296 — the earl being almost quite deserted, crosses Clyde, ib. — circumstances of his capture, 297 — the same from his own account, ib. — reflections on the whole enter¬ prise, ib.— those by himself, 298— his treatment in captivity, ib. 299— the council resolve not to institute a new process against him, ib. — copy of their interro¬ gatories put to him, ib.— of the king’s letter ordering his death, 300 — condemned to execution on his former sentence, ib. 301 — his deportment in prison, 301, 302 — his letter to Mrs Smith, ib. — one to his countess, 303 — remarks on it, ib. — letter to lady Sophia Lindsay, ib. — one to Henrietta Campbell, 304 — behaviour on the scaffold, ib. — his last speech, 305— reflections on his life and character, 306— his epitaph, 307— censure of the English historians as to liis expedition, ib.— ani¬ madversions on an address of the parliament to the king against Argyle, at the period of his attempt, 308 on an act annexing his offices to the crown, 309 — a copy of his last speech is transmitted to the secretaries, ib _ a letter from the chancellor, showing the state of things after the earl’s death, ib.— sketch of the horrid barbarities committed on his lands, 310— rewards offered for the apprehension of his coadjutors, 312 — parliament rescinds a shameful clause in their address the year before against the earl, 388. Armour , James, terms of his liberation, iv. 216. Arms, proclamation against travelling with, iii. 56, 57- proclamation against carrying them at conventicles, 58, 59. Army, act about the disposition of it in 1679, iii. 16, n. — further powers given to it, ib. — sent to the west and south to raise the fines, i. 373— oppress the country grievously, 374, 375— Sir George Mackenzie’s vindica¬ tion of their conduct, ib. Arnbuckles, western, instance of Captain Inglis’ great barbarity there, iii. 389. Arnot, Captain Andrew, joins the insurgents in Gallo¬ way, ii. 22— sent to Cuningham to encourage and bring up several men who wished to join them, 23 —process against him and others, for being present at Pentland, 39—48, n.— is executed, 48. Arnot, John, fined for conventicles, iii. 5. Arnot , Samuel, proclamation against him, ii. 4— iii. 15, n. — prosecuted in absence, and found guilty of treason and rebellion, 413. Arnot, Thomas, an intercoramuned preacher, iii. 5— de¬ nounced and put to the horn, 405. Arthur, George, forfeited, iii. 408. Articles, lords of, prepare and present the bills to par¬ liament, i. 207 — names of those appointed to that office, 107, 108— act of parliament about them, 350. Assembly General, draught of a proclamation for one, i. 47 — remarks on it, 86. Atliole, John, marquis of, though he had taken a share in harassing the west with the Highland host, applies to the king, with the duke of Hamilton and others, for a redress of grievances, ii. 449 — bishop of Gallo¬ way complains of the countenance given by him to conventicles, 450 — appointed by council to execute laws against conventicles, iii. 372, 375. — appointed lieutenant of the shires of Argyle and Tarbet, iv. 285 his manoeuvres with the earl of Argyle, at Inver¬ ary, 293 — his conduct after the earl’s defeat, 310 — his powers, 313— declared lord privy seal, 341. Atkin , Allan , iv. 234. Atkin, Bishop, iv. 365. Atkin, Edward, process against him, iii. 463. Atkin, John, banished and ransomed, iv. 463. Atkin, Walter , twice fined for same fault, iii. 442. Auchinleck, William, shot by the soldiers, though they did not know who he was, iv. 184- Auchmutie, William, shoots his relation, Andrew Ay- ton, and dies about three years afterward under great remorse, iii. 56. Aylief, Colonel John, carried prisoner to London, iv. 278 — previous history — acts as colonel in Kintyre, 290 — his opinion in Argyle’s council at Dumbarton, 294 — his attempt at suicide, 312. Ayr, burgh of, council’s act in consequence of several of the magistrates of, refusing the declaration, i. 396 — council’s final decision, 427. Ayr, circuit at, discourse of the lords commissioners to the heritors, iv. 125— harsh treatment received by the heritors there, 126— their proceedure against the indulged ministers and the commons, 127, 128 — in¬ stances of their severity, 128—131. Ayrshire , list of heritors processed there, iii. 407. See Highland Host. Ayrs-moss, account of the rencounter there, iii. 219— 221 — poem on the slaughter there, 220, 221, n.— ac¬ count of those who were executed for their share in it, 221—225. Ayton, Andrew, his character, 56— assists in rescuing Walter Denoon, for which he is obliged to remain under hidings, ib. — is mortally wounded by a soldier, who did not know who he was, ib. — his cruel treat¬ ment before his death, which happened next day, ib. Ayton, John, cited to the circuit of Ayr, iii. 489. Ayton, lady, fined for irregular marriage, ii. 480. B Bailie, Alexander, banished and ransomed, iv. 463. Bailie, cornet, his conduct, iv. 242. Bailie, George, of Jerviswood, his character, iv. 509, 510, Bailie, lady Grizzel, her account of the concealment of Sir Patrick Hume, iv. 505— 509— account of her death, 510, 511. Bailie, Robert, his public services and character, i. 288— died under a rooted aversion to prelacy, ib. — introduc¬ tion of prelacy shortened his days, ib. 290— vindica- tion of him from the charge of being illiterate and illiberal, 290, n. 532 INDEX Bailie , Robert , of Jerviswood, assists in rescuing James Kirkton from Captain Carstairs, ii. 327 — is brought before the council for this and fined, 328 — after four months imprisonment, pays a heavy line to Carstairs, and is liberated, 329 — further particulars of this affair, iii. 161 — his extreme weakness when tried, iv. 105 — council’s decreet, fining him in L.6000 Sterling, ib. — receives an indictment, 106, 107 — petitions for delay, and is refused, ib. — the advocates’ pleadings on his trial, 107—110 — sentenced to be executed the day of his trial, 110 — his last speech, ib- 1 1 1— circumstances of his trial, 112, and n. — alleged conduct in regard to the Rye-house plot, 224, 225 — ratification of his forfeiture, 278. Bailie , William , of Lamington, imprisoned, iii. 4(57. Bailie, William, advocate, iv. 74. Baird, James , assists in stopping Gib’s extravagancies, iii. 349. Baird, John, form of act for his induction when in¬ dulged, ii. 134 — summoned to Edinburgh, 179 — his speech at Paisley at the proposing the accommoda¬ tion, 180 — fined for not keeping the anniversary of the restoration, 216 — writes in favour of indefinite ordination, 346. Baird, - , younger of Dungeon hill, process of for¬ feiture against him, iii. 180. Baird , William, fined, ii. 3 — iii. 425. Balcanquel, David of that Ilk, fined, iii. 179 — his fine remitted, iv. 54. Balcanqual, lady, intercommuned, ii. 286. Balcarras, earl of, admitted a privy counsellor, iii. 237 — recommendation of the council to him, iv. 214. Balfour, Alexander, in Gilston, his estate and means forfeited for being present at the battle of Bothwell bridge, iii- 117. Balfour, George, one of archbishop Sharp’s murderers, iii. 47. Balfour , James, in Gilston, his estate and means for¬ feited for being present at the battle of Bothwell bridge, iii. 117— tried before the justiciary, 136, 137. Balfour, John, of Kinloch, several nonconformist gen¬ tlemen meet in his house, and are wantonly attacked by Captain Carstairs, but they repulse him, ii. 372 — these gentlemen are denounced for self-defence, and the scuffle charged on the body of presbyterians, 373 — one of archbishop Sharp’s murderers, iii. 42 — his cha¬ racter, 47 — his goods secured and put under inventory, 58— joins the Bothwell risers, 65 — a reward offered for him dead or alive, 1 13 — forfeited, 453. Balfour, John, in Gilston, tried before the justiciary, iii. 136, 137. Balfour, Major, his severity in persecuting, iv. 175 — atrocities committed by him at Polmadie, 250. Balgony, laird and lady, brought to trouble, are de¬ nounced, ii. 323. Ballechan, laird of, escapes a surprise in Isla, iv. 285 — Argyle resolves to attack him at Inverary, 291. Balloting, act of, nature and intention of it, i. 271 — enquiry regarding' it made by parliament, in 1663, 349. Balmaclellan, oppression of the soldiers there, iii. 122— iv. 183. Balmaghie, instance of persecution there, iii. 384. Balmerino, John, liberated upon signing an obligation not to rise in arms, iii. 153. Balmerino, lord, takes the oath of allegiance, ii 235. Bannantyne, John, of Craigmuir, fined, iv. 137, 147— his sentence, 212. Bannantyne, John, of Corehouse, imprisoned, iii. 466 — his diet deserted, iv. 64 — his case, 213. Bannantyne, Sir William, his cruelties in Galloway after the Pentland rising, ii. 64, 65 — sent a second time into Galloway, 88 — council’s act against him, 104 — his horrid cruelties, ib. iv. 122 — incites the coun¬ try to a new rising, ii. 104 — goes to court, is obliged to quit the country, and is killed before Grave, ib. 105. Baptisms, disorderly, act against them, ii. 173, 198, n. Baptisms, irregular, act of council against them, ii. 121 — remarks upon it, ib. — act, with instructions sent to several sheriff's, ib. 122. Barclay, Colonel Robert, liberated, ii. 142. Barclay, David, ii. 108. Barclay, George, taken prisoner, but escapes from the guardhouse — preaches at a conventicle, ii. 317. Barclay, Margaret , imprisoned for conventicles, iii. 4. Barclay, John, minister at Cruden, takes the test, iii. 361. Barclay, Robert, of Uric, list of prisoners granted to him for transportation, iv. 221. Bargeny, John lord, refuses the bond, and is denounced, ii. 410 — council’s act against him for refusing to be present with the commissioners of excise, 418 — me¬ thods taken to procure witnesses against him, 434, 435 — his process before the council and justiciary, 235 — his indictment, ib. 236 — king’s letter for his liberation, 238 — further account of him, ib. n — his bond given up, 356 — appointed one of the king’s commissioners in Argyleshire, iv. 164. Barillon, M. ambassador from France, his account of the last moments of Charles II., and of the desigus of James II. iv. 495—198. Barmagechan — see M‘Lellan, Robert. Barns, John, great sums lifted by him as fines, iii. 495. Barscob — see M'Lellan. Barton, Alexander, outed minister, called before the council for not entering his confinement, ii. 212. Barton, Andrew, brought prisoner to Edinburgh, ii. 270. Bartram, Alexander, intercommuned, ii. 325 — forfeited, 454. Bartholomew act in England, remarks on it, i. 322, 323. Bass rock, purchased by the king for a prison, ii. 190 — a conventicle opposite, trial of persons for being pre¬ sent there, ii. 476, 477. Bathgate, arrival of the savage Highlanders there on the work of persecution, iv. 257. Baxter, Janies, prosecuted for a riot, ii. 232. Beeth-hill, conventicle there, ii. 154. Beggars, measures of the bailies of Edinburgh to clear the streets from beggars, iv. 346. Beith, Archibald, curate, condemned for murder, but gets a remission, ii. 231. Bell, John, of Whiteside, process of forfeiture com¬ menced against him, iii. 180, 248 — his character and persecution, iv. 241 — his surprisal by Lagg, whose cruelty put him to a speedy death, 242. Bell, John , indulged minister, not allowed to leave his parish to visit his dying father without leave of the council, i- 183 — fined for not keeping the anniversary of the restoration, 216 — his supplication with others against paying the dues of the clerk and bursar to the diocesan synod, ii. 340. Bell, Robert, indulged minister, his supplication with others against paying the dues of the clerk and bursar to the diocesan synod, ii. 310. Bell, William, sent to the Bass for preaching at a con¬ venticle, ii. 335— sent to Blackness, iii. 197. Bell, William, of Hamilton, imprisoned, iii. 467. Bellimenoch, synod of, in Ireland, list of ministers in it, who were ejected in 1662, 1663, for nonconformity, i. 324, 325, n. index. 533 Sennet , Robert, of Chesters, fined in 4000 merks for one conventicle, ii. 359 — detained in prison, iii. 53. Berwickshire, vast tines for non-conformity levied there, ii 295. Binning, John, of Dalvennan, process of forfeiture com¬ menced against him, iii. 180. Bishops, seven English, famous trial of them, iv. 462. Bishops, several English, their representations to king James, iv. 464 — contrast of the character of the Eng¬ lish and Scotish, 469. Black, Gavin, banished, iv. 61. Black, Thomas, indulged minister, denounced, iv. 38. Black, William, minister, takes the test, iii. 362. Blackader, John, letters of council against him, ii. 4 _ decreeted for conventicles, 153— preaches at a con. venticle at Beeth hill, 155— in difficulty, 227— orders given to apprehend him and others, 231— cited before the council, 318 — sent prisoner to the Bass, iii. 261 — his sufferings, ib. 265— his examination before a com¬ mittee of council, 265, 266 — carried to the Bass, where he continued till his death, 266— his epitaph, ib. n. Blackadder, William, his deposition, iv. 231 — account of his being made prisoner, 285— his examination and re¬ mission, 313. Black-loch, conventicle there, iv. 20 — council’s pro- cedure thereupon, 21 — 29. Blackburn, Robert, imprisoned for refusing the test and bond, and robbed of his money by the soldiers, iv. 135, 136. Blackwell, Isaac, son of Thomas, forfeited, iii. 247. Blackwell, Thomas, of Glasgow, denounced, ii. 333 — his sufferings, 359, further trouble of his family at Glas- * gow, iii. 5. Blackwood, James, executed for being concerned in the Pentland insurrection, ii. 53. Blair, Alexander, discharged from preaching for re¬ fusing to take the oath of allegiance, i. 296 — imprison¬ ed for refusing to obey the orders of council in keep¬ ing the anniversary of the restoration, ii. 216, 217- dies, 217 — further particulars of his conduct, ib. — 222, n. Blair, David, of Adamton, imprisoned, iii. 467. Blair, Hugh, curate, iii. 387. Blair, John, his treatment by the council, i. 372. Blair, Robert, summoned before the council, and exa¬ mined, i. 222 — his sufferings and character, 293. Blair, William, minister, Aberdeen, takes the test, iii. 361. Blaw, Robert, after being imprisoned three years for conventicles, is liberated on bond, iii. 176. Blood, Thomas, king’s letter on his plot, i. 377 — account of it, 377—379, n. Bogie, Robert, his examination before the council, iii. 128, n. Bogle, Thomas, of Bogles-hole, process of forfeiture commenced against him, iii. 180 — forfeited, iv. 62. Borg, James, tried for being at Both well, &c. iii. 280, 281 — his confession, 281 — is condemned to death, 282 — his testimony in a letter before his execution, 284, 285. Bond, offered to gentlemen to subscribe in 1660, i. 79 — several take it, ib. Bond, copy of it required to be signed upon the coming down of the Highland host, ii. 330 — number of those who signed it at Glasgow, ib. — comparison between pressing it and the covenant, ib. — this press¬ ing of the bond contrary to the agreement of council, 391 — compend of objections against it, ib. 392 — minute of some reasons in law against it, 392, 393, n. — letter containing reasons against it, 393 — 395, n.— Hugh ' M'Hutchison’s paper upon taking it, 395, procla¬ mation against resetting tenants who had not taken it, and tenor of the bond which they were required to sign, 398, 399, n. — many noblemen refuse it, 400, 401 _ to force a compliance with the bond, the council cause the king to crave law-borrows of his subjects, 401, 402 —form of the indictment given to refusers of the bond, 406 — proclamation against harbouring tenants who refuse it, 407, 408— many in Ayrshire refuse the bond, with their respectful behaviour, 408 — the indictment presented to them with threatenings, ib. — lord Coch¬ rane’s discourse in answer to his indictment for re¬ fusing the bond, 409 — the town of Irvine required to find magistrates who will sign it, or lose their privileges, 411— burgess tickets of all who refused it at Glasgow and Stirling, to be torn, ib. — overtures from the presbytery of Ayr to the archbishop of Glasgow at this juncture, ib.— all who do not take the bond are charged with law-borrows, 414— procla¬ mation for taking the bond in several shires, 417, 418, n.— proclamation against such as retire to Ireland, and other places, to escape it, 418. Bond of Peace, after Pentland, carried in council with great difficulty, ii. 90— form of it, 93, n.— council’s act about it, 94, n. — instrument taken at subscribing the bond, 95, n.~ is generally signed, 106— all in prison for rebellion, and refusing to take it, banished to the plantations, 108. Bond required of heritors after Bothwell— see Bothwell Bridge. Borland, John, his losses by the Highland Host, ii. 429. Borthwick, Francis, process against him for apostatiz¬ ing to Judaism, iii. 356. Boswell, David, of Auchinleck, council’s act against him as a commissioner of excise, ii. 416— imprisoned, iii. 467. Boswell, Henry, found guilty of treason, in absence, iv. 62. Boswell, William, circuit court’s severity towards him, 491. Bothwell Bridge, Dr M'Crie’s account of the dissen- tions there among presbyterians, previous to the battle, i. lxx. lxxi. — oppression in civil concerns one of the causes of the rising at, iii. 62 — self-defence in hearing the gospel, the immediate cause of it, 63 _ those who rose on this occasion, not in concert with the discontented in England, 64 — disagreements among Presbyterians about the indulgence and cess, another cause of the rising, 65— the skirmish at Drumclog hastens this rising, 72— proclamation against those who were in arms, 72, 73, n. — the motions of the army be¬ fore their defeat, 89— are much in want of arms and officers, 90 — they disagree among themselves about the indulgence, and the cause of their taking arms, ib. 93 — draught of their first declaration, 91— the debates of the two parties, ib.— the moderate party publish a declaration at Glasgow, 94, 95, n. — draught of a de¬ claration drawn up for them in Edinburgh, 96 — 98 _ notice sent to them of the duke of Monmouth’s favour¬ able disposition towards them, 99 — abstract of the ad¬ vice sent to them as to an application, 101, 102 — their differences still continue, 103, 101 — their officers meet and debate about choosing officers, and the indulgence, 104 — Mr Hamilton and his party leave this meeting, ib. — those of the moderate party, who remain, frame a supplication to Monmouth, 105 — two of their number present it with their demands, 106 — his answer, to which their divisions would not allow them to reply, ib. _ they are attacked, and after a brave resistance defeat¬ ed, 106, 107— remarks on the defeat, 107— instances of 534 INDEX the cruelty of the king's forces after the defeat, 108 — Law’s account of the battle, 110, 111, n. — the west and south oppressed for many years after the battle, 112, 113 — proclamation against those who were at the battle, 114, 115 — the king’s letter as tothedisposal of the prisoners, 116, 117 — pardon granted to all tenants and sub-tenants who had been present at the battle, 117 — indemnity after Bothwell, with remarks, 118, 119, n. — prisoners taken there severely treated on their road to Edinburgh, 123 — the greater number of them are con¬ fined without shelter for several months in Grayfriars’ Churchyard, where they suffer very much, 124, 125 — the bond offered to them, 126 — list of several of the prisoners, and their examination, 128, 129 — 257 of them banished to the plantations, 130 — their dreadful suffer¬ ings on board the ship which was to transport them, 131 — they are shipwrecked, and through the cruelty of the captain and his crew, upwards of 200 of them drowned, ib. — seven persons hanged for being at Bothwell, 132, 140 — proclamation against those who had not taken the bond, 157, n. — account of forfeiture of heritors, alleged to have been there, 180, 181 — new orders about them, 189 — proclamation against them, 247, 248 — such persons as deny the rising there to be rebellion, to be tried criminally, iv. 35. Bowie, Allan, forfeited, iii. 248, 250. Boiris, Thomas, of Hamilton, imprisoned, iii. 466. Boyd, John, persecuted, iii. 385. Boyd, John, of Trochrig, council’s act against him for not meeting with the rest of the commissioners of ex¬ cise, ii. 416. Boyd, Robert, curate, his house robbed, iv. 159. Boyd, Bobert , of Trochrig, his case, iv. 215. Boyd, Robert, his supplication with others against pay¬ ing the dues of the clerk and bursar to the diocesan synod, ii. 340. Boyd, William, his apprehension and liberation, and subsequent circumstances, iv. 255. Boyle, James, his trial for rebellion and treason, and con¬ demnation. iv, 412. Boyle, John, of Kelburn, his commission for Ayrshire, iii. 428. Branding, list of women subjected to that barbarous punishment, iv. 218, 219 — the overflowing of the Glas¬ gow jail to be whipped and branded, 210. Breadalbin, earl of, his advance with Athole to Inver¬ ary, iv. 309 — his conduct after Argyle’s defeat, 310. Breddie , Andrew, killed at a conventicle, ii. 484. B redin, John, his sufferings, iii. 406. Bredin, William, of Whelpshill, imprisoned, iii. 466. Brisbane, James, of Bishoptown, council’s act against him for not meeting with the rest of the commission¬ ers of excise, ii. 416. Brisbane, John, of Freeland, fined exorbitantly, ii. 226, iv. 47. Brisbane, William, provost of Ayr, decreet against him, with his counter statements, iv. 44- — the libels not proven, 45. Brodie, Alexander, of Lethin, his fine, iv. 193, 195— his character, 229. Brodie, David, of Pitgavenie, his fine and crime, iv. 196. Brodie, Francis, of Windyliills, his fine, iv. 193, 196- Brodie, Francis, of Milton, his fine, iv. 193, 196. Brodie, James, his fine, iv. 193. Brodie, laird of, his fine, iv. 193, 195. Brown, Alexander, merchant, Lanark, imprisoned, iii. 467. Brown, Andrew, sentenced to be beheaded, but receives a remission, iii. 490. Brown, George, imprisoned, iv. 53. 1 Brown, James, his barbarous treatment, iv. 329. Brown, James, merchant, decreeted, ii. 191. Brown, James, in Muirzet, brought to trouble, ii. 196. Brown, James, found guilty of treason, iii. 490. Brown, Janies, of Hamilton, imprisoned, iii. 466. Brown, John, minister of Wampliray, author of the apologetical relation, i. lxvii. — sisted before the council, and imprisoned, i. 304 — his character, ib. 305 — liberated upon his obliging himself to depart from the kingdom, 305— remarks on his sentence, ib. — is per¬ secuted when abroad, 305 — 307. n. — the king writes to the states’-general to remove him out of their pro¬ vinces, ii. 34-1 — their resolution thereupon, ib. 345- letters from Mr M‘Ward to him, iv. 498—500 — part of a letter giving an account of his death, 501. Brown , John, of Priestfield, his character and circum¬ stances, iv. 244 — occasion of his apprehension, 245 — his treatment by Claverhouse, ib. — effects of his last prayer on the soldiers, ib. — Claverhouse shoots him with his own hand, ib. Brown, John, of the parish of Lesmahagow, his appre¬ hension and military execution, iv. 243. Brown, Patrick, scruples to take the test, iii. 301. Brown, Robert, of Blackburn, fined for absence from the king’s host, iii. 1 79. Brown, Thomas, his indictment for being at Bothwell, iii 137, 138 — is condemned and executed on Magus Muir, 139, 140. Brotvn, Thomas, his examination before the council, iii. 129, n. 136. Brown, - , smith, prosecuted in absence, iii. 413. Browning , John, imprisoned, iii. 467. Browning, John, in Kype, shot upon confessing that he was going to hear sermon, iii. 108. Bruce, Sir Alexander, of Br jomhall, heavily fined for the nonconformity of his tenants, ii. 360. Bruce, Andrew. See Earlshall. Bruce, Arthur, in Dalserf, tried and executed, iii. 471, iv. 177. Bruce, Captain, murder of Thomas M’Hassie, iv. 240— that of four men in Galloway, ib. — of five men at Kirk- connel, ib. — of three men at Kirkpatrick, 241 — of James Kirko, 251. Bruce, James, imprisoned, iii. 466. Bruce, Michael, is wounded and apprehended at Stirling for keeping conventicles, ii. Ill — council’s order against him, ib. — brought into Edinburgh, and sentenced, ib. 112 — signs a bond to banish himself, 112 — is however sent prisoner to Loudon, sentenced to be banished to Tangier, but at last gets oft' to Ireland, ib. Bruce, Sir William, his report to the council on the persons he had fined for conventicles, iii. 372. Bryce, John, occasion of his apprehension, iv. 245 — his treatment, ib. — examination and trial, 246 — the sum¬ mons, sentence, execution, and burial, ib. Bryce, Matthew, to be prosecuted by the justiciary, iv. 217 — sentenced to bauislmient, 218 — retried and hanged, 284. Buchan, Colonel, his commission for Ayrshire, iii. 428— thanked for his activity against rebels, iv. 204 — sped- men of that activity, 336. Buchanan, Alexander, banished, ii. 482. Buchanan, Andrew, banished, ii. 482. Buchanan, George, proclamation against his de jure •regni apud Scotos, i. 416. Buchanan, Isobel, fined, iv. 189. Buchanan, John, cooper, Glasgow, banished for hearing a sermon, iv. 412. Buchanan, John, a student, banished, iii. 496. Buntin, Major disarmed, iv. 128. INDEX 535 Buntine, Robert , executed for being concerned in the Pentland rising, ii. 52. Burghs, royal, encroachments on them, iii. 431 — coun¬ cil’s interference with tiieir elections, iv. 180. Burnet, Alexander, bishop, appointed bishop of Aber¬ deen, i. 376 — translated to Glasgow, 3S2 — his maxim as to the treatment of presbyterians, 429 — his character, ii. 8 — oppresses the city of Glasgow, ib. — goes to court to stop the disbanding the army in 1667, 81 — he and his clergy remonstrate, against the king’s supremacy, 142, 143 — for this he is deprived of his office as archbishop, 144 — reasons of his being restored, ib. — restored to his situation as archbishop, 271 — admitted a privy coun¬ sellor, 272. Burnet, Dr Gilbert, his history of his own times, corro¬ borative of Wodrow’s veracity, i. Iv. — his share and intention in proposing the indulgence, lxix. — one of the originators of the scheme of accommodation, lxxi. — his history of the transaction, lxxi. — lxxiii. — one of the episcopal clergy, sent to the west country, who were generally called the bishop’s evangelists, ii. 177 — delivers a speech at Paisley on the accommoda¬ tion, 180 — his letter to Lauderdale, 232 — Iris examina¬ tion and declaration regarding the duke of Lauderdale before the English house of commons, 298, n. — his opinion of the covenant, iv. 271 — prosecution of him, 405 — his letter to secretary Middleton, ib. — his indict¬ ment, 406 — his answer, 408, n. — and another letter to the secretary, 407 — a third, 410 — the Doctor gets a second citation, 411 — his honourable concern for the protestant religion, ib. — his indictment before the justiciary, ib. — denouncement, and putting to the horn, ib. Burnet, John, refuses the indulgence, ii. 227 — his cha¬ racter, ib. Burnie, John, his murder, iv. 244 Burns, Colonel John, found guilty of treason, iii. 490. Burns , Robert, fined, ii. 151. C Colder, decreet against several persons there, iv. 51. Caldwell, John, of that Ilk, forfeited, ii. 72 — process against him, 73— 75, re. — iv 136 — cited and imprisoned, 141_decreet against him, 142, 143— his petition, 213. Callane, James, his sufferings after the Pentland rising, ii. 79. Callender , earl of, refuses the bond, ii. 401. Calvinism, archbishops Leighton, Cranmer, and Usher, were adherents of, i. lvi. — the Scotish hierarchy adopted the tenets of, ib.— the church of England till lately professed the same tenets, lvii. — all confessions of faith in Scotland were formed upon the scheme of, ib. — the practical effects of it, ib. Cumbuslang, losses there by the Highland host, ii. 430. Cambumethan, cruelty of the soldiers there, iv. 183. Cameron, John, his sentence, i. 317 — his character, ib. — confined to Glasgow, 423. Cameron, Michael, killed at Ayrs-moss, iii. 220. Cameron, Richard, promotes a separation from those who had accepted the indulgence, ii. 347, iii. 65 — gives name to a sect, 202 — writes a vindication of the Sanquhar declaration, 213 — proclamation against him and others, 215 — 217, n. — lulled at Ayrs-moss, 220 — his character, ib — a poem on his slaughter, 220, 221, n. Cameron, William, his confession when a prisoner, iii. 129. Cameronians, named after Richard Cameron, iii. 202 — erroneously supposed to be the same as presbyterians, 203 — works in which their principles are found, ib. — separate from other presbyterians on account of the indulgence, ib. — they disown the Queensferry paper, and the restrictions, 208, 209— remarks on their con¬ duct, 214, 215. See Society people. Campbell, an act of parliament once in preparation to abolish the name, iv. 311. Campbell, Alexander, laird of Barbreck, appointed major in Argyle’s forces, iv. 291 — his trial, 320. Campbell, Archibald, to be prosecuted by the justiciary, iv. 217 — sentenced to banishment, 218 — ordered to be prosecuted for treason, 234 — and cut in the ear, 220. Campbell, Charles, son to the earl of Argyle, his endea¬ vours with the people of Mull, as to declaring for his cause, iv. 287 — reward for his apprehension, 312 — letter from the king regarding him, 320 — trial and sentence, ib. Campbell, Charles, his case, ii. 341. Campbell, Sir Colin, of Ardkinglass, sent to prison, iv. 53 — his trial, 276 — notice of him, 278 — his appre¬ hension, trial, and subsequent trouble, 311. Campbell, Duncan, of Auchinbreck, allows his house to be garrisoned by Argyle’s men, iv. 290 — number of men he raises for the earl, ib. — raises more, 291 — trial, 320. Campbell, Sir George, designs a settlement at Carolina, iii. 368, 369, iv. 224, 277, 278. Campbell, George, leaves his native country, iii. 394— a letter of his on the indulgence, iv. 501, 502. Campbell, George, sheriff depute, imprisoned and par¬ doned, i. 86. Campbell, Hugh, indulged minister, summoned before the meeting at Ayr for preaching, ii. 123 — summoned before the council for breaking liis instructions, 296 — brought to trouble, 323. Campbell, Sir Hugh, of Cesnock, is liberated from prison, ii. 98— refuses the bond, 409 — for that he is burdened with a garrison, 411 — he and his son sent down from London to be tried, iv. 71 — ordered to be prosecuted, 72 — his indictment, 72 — 74, n. his speech, 72 — 74 — his advocates, 74 — council’s warrant for ex¬ amining witnesses first, 75 — debates of the lawyers, 75 — 88, n. — lords’ interlocutor, 80 — 82 — the assizers called and sworn, 86— debates about the witnesses, 88, 89 — deposition of the witnesses, 91 — libel found not proven, ib. — the court refuse to liberate him, 92 — persons prosecuted for acclamations at his trial, 93 — witnesses against him kept in prison, and him¬ self sent to the Bass, ib. — has the liberty of free prison, 94— his alleged conneclion with the Rye-house plot, 224— trial, sentence, remission, and confinement, 277, 278. Campbell, Captain John, of Over-Welwood, and brother William, account of their sufferings, iv. 48 — 50 — they escape from Canongate tolbooth, 50. Campbell, John, of Carrick, he and his son fined, iv. 189. Campbell, John, in Overmuir, sentenced, but not exe¬ cuted, iv. 151. Campbell, John, indulged minister, before the lords o. justiciary, iii. 468 — council’s proceedure against him, iv. 37. Campbell, John, son to the earl of Argyle, reward for his apprehension, iv. 312— letter from the king re garding him, 320 — his trial and sentence, ib. Campbell, Lilias, imprisoned for being concerned in pre¬ senting a petition to the council, ii. 269. Campbell, Matthew, indicted, iii. 490. Campbell, Lord Neil, confined, iv. 48 — his embarrass¬ ments, 311 — rewards for the apprehension of him and his son Archibald, 311, 312, n.— sentence of his son, 320. INDEX. 536 Campbell, Robert, brought to trouble iu Ireland, iii. 263. Cannon, John , imprisoned, iii. 407. Cannon, Robert, of Mandrogate, forfeited, ii. 73 — pro¬ cess against him, 73—75, n. — is apprehended, and turns informer, lit)— remission granted him, 141 — assists the soldiers in discovering the haunts of the wander, ing preSbyterians, iii. 224. Cant, Andrew, examined by a committee of council, for requesting a national synod, ii. 302. Cant, John, fined, ii. 221. Cardross, Henry, lord, appears before the council, ii. ' 248 — a party of guards enter his house, and break up his chests under the pretext of searching for John King, 288 — his petition to the council thereupon, 280 — upon the rescue of John King the party of sol¬ diers complain, and the council pass a decreet against him, 291 — imprisoned and forced to leave his native land till the revolution, ib. — state of his process as drawn up by himself and his lawyers, ib. — 293, n. — fined again, 357 — king’s letter about him, ib. — indict¬ ment against him for two baptisms, 358 — his answers, ib. 359 — is imprisoned for nonconformity, iii. 192 — his petition to the king, with a short account of his sufferings, 192, 193— council’s letter to the king re¬ specting him, 193, n. — his sufferings till restored to liis estates at the revolution, 194. Carduf, John, forfeited, iii. 248. Cargill, Donald, act of council against him, 1062, i. 300 — council’s act against him, 1668, ii. 114, 115 — some favour shown him, 142 — preaches against hearing the indulged, iii. 65— escapes narrowly at Queens- ferry, 206— concerned in the Sanquhar declara¬ tion, 215— continues preaching in the fields, 224 —pronounces the highest excommunication on the king, duke of York, &c. 224, 225— diligent search made for him, 229— reward offered for his apprehen¬ sion, 231— council’s letter to the king respecting him, ib. intercommuned, 283 — his circumstances before he was taken, iii. 278, 279 — brought prisoner to Glas¬ gow, 279 — brought to Edinburgh, and examined be¬ fore the council, ib. 280 — his second examination, 280 — his probation before the justiciary, 281 — is sentenced to death, 282 — a paper he wrote the night before his execution, 282, 283, n. — his behaviour on the scaffold, 283 — his letter to Gib and his followers, 353 — 355, n. Carlisle, Robert, imprisoned, iii. 468. Carmichael, Alexander, his sufferings, ii. 195. Carmichael, David, fined, ii. 159. Carmichael, Sir Daniel, imprisoned, iii. 467— liberated conditionally, 492. Carmichael, John, fined, ii. 159. Carmichael, John, his sufferings, ii. 195. Carmichael, lord, his instructions how to act as to Mr Renwick, and the earl of Argyle, iv. 210. Carmichael, William, empowered to harass several places in Fife, iii. 39, 40 — his character, and instances of his cruelty, 41— several persons intending to kill or frighten him, miss him, but fall in with archbishop Sharp, and murder him, 42— receives a letter of thanks from the council for his diligence in searching for archbishop Sharp’s murderers, 58. Carmunnock, severities exercised there, iii. 424, 425. Carnduff, John, tortured, iii. 389. Carnhitl, conventicle there, iv. 29. Carnwatli, John, earl of, instructions and thanks to, iv. 161, 204. Carolina, designed settlement there, iii. 368, 309— list of persons banished there, iv. 8, 10. Curse, Sir Mark, iv. 155. Ccrsphairn, Claverhouse’s heavy exactions there, iii. 122 — cruelty exercised on an old woman there, iv. 174 — the curate of, killed in a scuffle, 196. Carstairs, John, cited before the High Commission court, i. 404 — his letter to the chancellor, 405, 406— liberated upon bond, ii. 196 — hi3 declaration before a committee of council, iii. 241 — liis letter to the se¬ cretary on the state of presbyterian ministers, in 1684, iv. 39, 40. Carstairs, Mrs John, imprisoned for conventicles, iii. 10. Carstairs, capt. William, trepans James Kirkton into his house, who is rescued by Bailie of Jerviswood, and two others, ii- 3-7, iii. 161 — Jerviswood is obliged to pay him a heavy fine for this rescue, ii. 329 — decreet against many persons for defending them¬ selves against him, 474. Carstairs, William, principal, seized at London, ii. 294 — his letter to Wodrovv before his death, giving a statement of his sufferings, iv. 96—100 — council’s act regarding his torture, 100 — interrogatories to be put to him in torture, ib. 101 — tortured by the thumb¬ screw, 101 — sent to Dumbarton Castle, ib. — condi¬ tions between him and the secretary, 102, 103 — his de¬ positions adduced at Jerviswood’s trial, 103 — abstract of his letters to his friends at this time, ib. 104 — re¬ tires to Holland, comes over at the revolution, and is in great favour with king William, 104, n. — why he was denominated cardinal Carstairs, ib. — conditions offered him, as stated by himself, iv. 515, 516 — origi¬ nal letters of his, extracted from the autographs among the Dunlop MSS., 516—519 — letter from Sir James Stewart to him, 523. Cassils, earl of, refuses the oath of allegiance, i. 107 — ordered to pull down meeting-houses in Carrick, ii. 397 — refuses to sign the bond, 410 — goes up to court, 433 — his letter to the duke of Monmouth, ib. 434 — his own account of the state of liis case, 434 — 436 — the council’s letter to the king upon receiving a copy of his case, 437 — 139 — committee’s accouut of their pro¬ cedure against him, 410 — 142. Casllehill, lord, because he would not consent to the ex¬ ecution of James Learmont is turned out of his place as a justiciary lord, ii. 477, n. Cathcart, lord, committee of council’s procedure with him, ii. 409 — denounced, 410. Cathcart, Hugh, of Calton, iv. 164. Cathcart, Robert, his animadversions on Mr Renwick, iv. 393 — conference on the subject of it, ib. Caveat for the Whigs, remarks on it, iii. 64 — remarks on the account of the declaration at Rutherglen in it, 67 — its account of the skirmish at Drumclog, 109. Cavers, lady, fined and imprisoned for conventicles, iii. 406 — trouble she and her tenants were brought to, iv. 54, 55 — her petition to the council and that of her son Sir William Douglas, 55, 56. Causes of God’s wrath, supposed to bo written by James Guthrie, proclamation against it, i. 75 — burned by the hangman at Edinburgh, 84 Cess, debates among presbyterians about the lawfulness of the cess imposed in 1678, ii. 491 — mnch severity in exacting it, 492— divisions among the persecuted re¬ garding it, iii. 23 — oppression for not paying it, iv. 170. Chalmers, James, rewarded by the council, i. 322. Chalmers, Janet, ii. 118. Chalmers, Robert, forfeited, ii. 73 — process against him, 73, 75, n. — is pardoned, 77— copy of his remission, 77, n. 141. 537 I N ] Chalmers, Robert, admitted to take the bond after Pent- land, ii. 108. Charles II. letter from, to Edinburgh presbytery, i. 81— approves of what the Scotish Parliament had done and promises an indemnity, 108— disapproves of the sentence of James Guthrie, 178— 180— put to a stand by a letter from ministers of Edinburgh, 2S8— power as to church affairs in Scotlaud put into his hands, 229 — his letter to the Scotish council ordering the in¬ troduction of episcopacy, 230 — his coronation observed at Edinburgh, 243— his letter to the council about praying for the queen, queen mother, and duke of York, 247— articles of his marriage with the princess Catherine of Portugal, 319— writes a letter to the duke of York desiring him to absent himself beyond sea for some time, iii. 27, 28-conference before him to examine the complaints against Lauderdale, 168, 169 — his death, iv. 197— account of it published by autho¬ rity, ib. — his character by Mr Fox, 198, n.— causes of the severity of his government, 205, 238— the govern¬ ment of Scotland in the latter years of his reign en¬ tirely in the hands of the duke of York, 269— Charles's letter to him about religion, 278— his character and designs, iv. 495—498. Charters, Laurence , one of the episcopal clergy sent to the west, ii. 177 — leaves his charge rather than take the test, iii. 311. Chiesly, Sir John, seized, i. 63, 78— taken before the lords of articles, 217 — his place of imprisonment changed, ii. 119 — is liberated, 146 — is imprisoned, iii. 466 — libe¬ rated, 469. Chrystie, Alexander, fined, ii. 192. Circuit courts, proclamation for them, 1679, iii. 140—142 —many severities committed at them, 143, 145— king’s letter and proclamation for them, 1683, 475—478, n.— council’s instructions to them, 4S0, 483— effects of them, 492, 493— their commission and instructions, 1684, iv. 113 — 115— methods they adopt with heritors and with common people, 119, 1 20— representation of the pro¬ ceedings of the one for Berwick, Roxburgh, Selkirk, and Peebles in 1684, 503 — 505. Claim of right, copy of it, iv. 482—484, u. Chpperton — of Wylie-cleugh, fined, iii. 179. Clark, Humphry, imprisoned, iii. 347. Clark, John, iii. 224. Clarkson, James, fined for a house conventicle, ii. 151. Claverhouse, John Graham, laird of, surprises a con. venticle in Galashiels and takes severals prisoners, iii. 61— sent in pursuit of Robert Hamilton and his party, 68 — his character as drawn by Sir Walter Scott, ib. n.— his commission and powers, 69— seizes several in Hamilton, ib. — marches with his prisoners to dis¬ perse a conventicle at Loudonhill, ib.— all who had arms at that conventicle go to meet him and defeat him at Drumclog, whence he narrowly escapes to Glasgow, ib. 70 — writes to the major-general giving an account of that rencounter, 72 — he repulses them who attack him at Glasgow, 83— is present at the battle of Bothwell bridge, 106 — dreadful instances of his cruelty and oppression in the west and south after that battle, 120 — 122 — goes to court to endeavour to prevent favour being shown to presbyterians, 172 — his commission for Wigton, 370, 371— his exertions to find matter of accusation against Mr Warner, iii. 393 — his instructions from the privy council, 423 _ made a privy counsellor, 497— courts held by him, iv. 172 — his cruelty, 177 — his plunderings, 242 — interfe¬ rence between Kenmure and Lagg, ib. — his murder of John Brown of Priesthill, 244 — of Andrew His- lop, 250 — his peculiar style of weeding out the dis¬ affected, 255 — his success, 253 — his barbarity to chil- IY. E X. dren, ib.— an instance of it in Closeburn, ib. — contin¬ uation of his work, 328 — conduct to James Brown, ib. — to Barmagechan, 334— admitted a privy council¬ lor, 341— persecution of Mr Achmoutie, 455. Cleland, Mrs, imprisoned for being concerned in pre¬ senting a petition to the council, ii. 269. Cleland, lieut. col. William, the success of the Covenan¬ ters at Drumclog by many ascribed to him, iii. 70.— proclamation against him, 115, n. Clelland, capt. William, his commission, iii. 428. Clement, James, his apprehension and sudden military execution, iv. 242. Clepan, Thomas, imprisoned and fined for non-confor¬ mity, iii. 391. Clerk, Andrew, sentenced and executed, iv. 67, 68— his testimony, 68. Clergy, remarks on the act for security of their per¬ sons, ii. 139— correspondence between the king and council on the care of them, iii. 429. Closeburn parish, much harassed by the methods of the persecuting military, iv. 256. Clow, James, indicted, iii. 146. Clyde, John, his indictment for being at Bothwell, iii. 137, 138— is condemned and executed on Magus muir 139, 140. Clyde, John, forfeited, iii. 248. Cobham, Thomas, his wanton persecution, iv. 455. Cochran, Lord, exerts himself against the presbyterian ministers, ii. 123, 126 — liis discourse in answer to his indictment, 409— the lords interlocutor, ib.— his se¬ cond defence, ib. — gives his oath but refuses to swear upon new queries, ib.— denounced, 410— his petition to the council refused, 415— heard before the kins' 453. Cochrane, Sir John, of Ochiltree, letters against him, ii. 197 — committee of council’s procedure with him, 409 _ heard before the king, 453 — designs a settlement at Carolina, iii. 368, 369 — criminal letters against him, iv. 94— his alleged connection with the Rye-house p'lot, iv. 224 — 226— proceedings against him in parliament, 231— gives evidence against James Stuart, William Denholm, and Gilbert Elliot, ib.— his trial, 276— sent to London, 278 — his conduct in Argyleshire, 291 _ his attempts on the coast of Ayrshire and Renfrewshire, 292 — his attempt to make away to England and scuffle at Muirdykes, 295 — his forfeited estate given to his son, 388. Cochran, John, of Waterside, son of Sir John, his case, iii. 490— process against him, 494— sentenced to death in absence, ib. — his deposition, iv. 231 — gets his fa¬ ther’s estate, 388. Cochran, John, tried and executed, 474. Cochran, John, of Craigie, forfeited, iii. 247 Cochran, John, of Cairnduff, imprisoned, iii. 466. Cochran, William, tried and executed, iii. 414, 415. Cockbrien, John, takes the test, iii. 361. Cockburn, Adam, imprisoned, iii. 467. Cockburn, Sir Archibald, of Lanton, iv. 164. Cockburn, Sir James, of that Ilk, iv. 164. Cockburn, John, minister of Ormiston, bishop of Edin¬ burgh’s warrant to him to choose elder- iv. 178. Cockburn, Major, ii. 123. Coffins, some prosecuted for making them to persons executed, iv. 36. Coleman, Benjamin, minister at Boston, North Ame¬ rica, letter from Wodrow to him, i. xxvi., xxvii Collations, nature of them, i. 265. Collerny, lady, intercoram uned, ii. 286. Collington, lord, sent by the council to London, ii. 419. 451— council’s letter to him there, 451, 452— his com duct on the trial of Argyle, iii. 334. 3 Y 538 INDEX. Colquhoun, Humphrey, executed lor being concerned in the Pentland rising, ii. 52, 53 — liis behaviour on the scaffold, 55. Colston's-loup, conventicle there, iv. 20. Colvil, Robert, fined for conventicles, ii. 238. Colvil, lady, her case, iv. 57. Commission, form of one for Ayrshire, iii. 428, n. Commissioners, list of those appointed to see the laws against nonconformity put in execution, iii. 17, 18 — council’s letter, and additional instructions to them, 18. Committee of estates, proclamation calling the, i. 65 — cause James Guthrie and others to be imprisoned, 71 — their proclamation against unlawful meetings and seditious papers, 74 — imprison several gentlemen, 78 — impose several taxes, 84. Confession of faith, act ratifying it, ii. 485, 486. Connel, Donald, forfeited, iii. 408. Conspirators, fanatical, proclamation against, iii. 229, 230, n. Conventicles, proclamation against, i. 430 — severities against them in 1667, ii. 110 — counsellors empowered to give warrant against them, ib. — instructions given to the forces about them, ib. — disposition of the forces to bear them down, ib. — magistrates of burghs obliged to give bond against them, ib.— copy of the Edinburgh bond. 111, n. — they increase, 126 — proclamation against them, and fining heritors on whose grounds they are, ib. — another proclamation against them, 128 — instruc¬ tions to soldiers regarding them, 149 — proclamation against them in 1670, 150 — council’s orders about them in 1670, 151, 152 — remarks on an act of parlia¬ ment against them, 169 — 173 — act of parliament against them, ib. — decreet against the keepers of them in Fife, 191 — act against them in 1672, 200 — act against them in 1673, 212, 213, n. — state of them through Scot¬ land, and council’s procedure against them in 1674, 234 — 244— commission and instructions given to seve¬ ral to prosecute for them, 245, 246 — severe council proclamations against them, 318, 319, n. — increase, iii. 2, 3 — act about in 1679, 14 — instructions to the com¬ missioners respecting them, 19 — proclamation against arms at, 58, 59 — a proclamation suspending laws against them, 149, n. — extracts from a letter of re¬ marks on it, 151 — new powers granted to the army against them, 154 — proclamation against them, 156, 244, 245 — act passed to put them down, iv. 273. Convention of Estates, meet in 1665, and choose arch¬ bishop Sharp preses, i. 423 — in 1078, necessary as par¬ liaments could not be ventured on, ii. 486 — proclama¬ tion calling it, ib. 487, n. — their act and offer to the king, 489, 490 and n. Cook, Patrick, ii. 177. Cook, Thomas, apprehension and cruel treatment, iv. 250 — circumstances of his murder, 251. Cook, William, imprisoned, iii. 467. Corbet, Hugh, of Hargray, fined, ii. 321. Coronation oath, English, unfair dealing with it, iv. 201 — the Scotisli one never tendered to James VII. — ef¬ fects of that measure, 202 — examination of those effects on the rights of king George I. and the Pretender, ib. Corsan, John, sufferings of himself and his lady, iv. 172. Corsbie, James, his ears cropped and banished, iv. 182. Corsbie, John, summoned before the council, and put to the horn upon non-compearance, ii. 3 — his sufferings by the Highland host, 430. Corsmichael, oppression of the soldiers there, iv. 183. Corson, James, his account of the sufferings of the .Bothwell prisoners on shipboard, iii. 131. Council registers, conjectures why they were neglected from Dec. 1685, till the revolution, iv. 21 1 — the treat¬ ment of particular persons during 1685, as exhibited in the registers, ib. — 223. Council, Scotish Privy, meet in the intervals of parlia¬ ments, i. 217 — list of them in 1661, 218 — their oath, 218, 219 — their clerk and president, ib. — earl of Tweeddale processed before them, 219 — 221 — their procedure against particular persons, 222, 223 — execute the orders for introducing prelacy, 223 — their act for its intro¬ duction, 231, n. — their letter to the king on that sub¬ ject, 233, 234 — their letter to the presbytery of Peebles, 234 — their act discharging presentations to presby¬ teries, ib. — act against the presbytery of Peebles, 285 — their act about diocesan meetings, 280, n. — their meeting at Glasgow, commonly called the drunken meeting, 282 — their act called “ the Scots mile act,” 310— two archbishops added to their number, 379. Covenant, subscribed by all ranks of men in Scotland, at various periods, i. lxiii. — sentiments of James VI. on this subject, lxiv. — declaration of Charles I. and II. re¬ garding it, ib. — covenants not uncommon in former and later times, lxv. — upon what principles theyr are defensible, lxviii. Covenant, national, act discharging the renewing it, i. 95 — commissioner’s declaration about it, 108 — burnt at London by the common hangman, 24.3 — burnt at Linlithgow, with remarks, 320 — renewed at Lanark in 1666, ii. 25 — remarks on it, iv. 270 — review of an act passed to put it down, 271. Cowan, Charles, fined for conventicles, ii. 238, 244. Cowpar, Patrick, leaves his native country, iii. 594. Craig, Thomas, forfeited, iii. 247. Cramond, decreet against tlie heritors there for a con¬ venticle, ii. 235. Cranston, lord, fined, iv. 137, 147 — in commission, 161. Crawford, Archibald, imprisoned, iii. 467. Crauford, David, witness against Cesnnek, iv. 92. Cranford, George, executed for being present at Pent- land, ii. 49, 50. Crauford, Hugh, summoned before the council, ii. 308. Crawford, James, of Ardmillan, his commission, iii. 381, 427 — bis oppressions in Ayrshire, 385, 495. Crawford, John, of Crawfordland, sent from London to Edinburgh to be tried, iv. 71 — has the liberty of free prison, 91 — his sentence, iv. 212. Crawford, earl of, refuses the bond, ii. 400— letter from him on his proposal to leave the kingdom, iv. 513 — 515. Crawford, Matthew, privately ordained, iii. 24. Crawford, Matthew, dispenses the Lord’s supper in the night time to a numerous meeting, ii. 318. Crauford, Thomas, imprisoned and liberated, iii. 270. Crichton, James, imprisoned, iii. 466. Crichton, Thomas, prosecuted, iii. 413. Crichton, William, holds a court in Cumnock, iii. 494. Cromwell, Oliver, confusions in England after his death, i. 59. Crookshanks, John, forfeited, ii. 73 — process against him, 73—75, n. Crookshanks, John, preaches at the renewing of the covenant at Lanark, ii 25 — killed at Pentland, 30. Culross, procedure of tne magistrates there about two fugitives and a conventicle, ii. 363. Cumberhead, a scuffle with soldiers at a conventicle there, iii. 33 — the council’s proceedure upon it, 33, 34 — commission of committee, with justiciary power, 34, n. — report of the committee, 35, 36, n- Camming, Matthew, of Glasgow, fined, ii. 321. Cumnock , commissioners there, one of their sentences, iv. 234. INDEX. 539 Cunningham, Alexander and William, lairds of Craig, ends, elder and younger, iv. 136— cited and imprison¬ ed, HI— decreet against them, 142, 143— particulars of’tjieir case as given by the younger laird, 144, 145— liis case, iv. 212. Cunningham, Gabriel, orders given to apprehend him, ii. 234. Cunningham, James, banished for hearing a sermon iv 412. Cunninghame, James, forfeited, iii. 247. Cunningham, John, of Bedlane, forfeited in his absence, ii. 73 — 75 — sent over prisoner from Ireland, 111— a little liberty allowed him when prisoner in Dumbar¬ ton castle, 187, 196— liberated upon bond, 361— pro¬ clamation against him for being present at Bothwell 115, n. Cunningham, John, in Kierhill, brought to trouble, iii 386. Cunningham, Sir John, goes to London, ii. 452. Cunningham, Thomas, receives a remission, iii. 434— his process before the justiciary, 410. Cunninghame, William, provost of Ayr, prosecution against him for oppression, stopped by the archbishop of Glasgow, ii. 105 — fined for several disorders, iv. 45. Cunningham, William, indicted, 219— delivered for transportation, 222 — a criminal process against his life dropped, 235. Cunningham, milium, of Ashenyards, his petition, and its answer, iv. 212. Cunningham, William, of Carncurran, amount of his fines, ii. 226. Cunningham, Sir William, of Cunningham-head, be¬ fore the council, i. 394 — his petition upon being im¬ prisoned, 145— his sufferings from the Highland host iv. 428. Cupar, presbytery of, their declaration in April 1661, i 122. Curates, remarks on their name, i. 331— general remarks on their coining in, ih._ their character, ib.— most of them chosen by prelates, 332— they are coldly received by the people, and in some places violently op¬ posed, 333— the opposition to them occasions severe prosecutions, ib.— the people debate regarding the law¬ fulness of hearing them, ib.— their great immorality, ib.— the object of their institution, and their being in¬ troduced by the army, increase the people’s dislike, 335 — many continue, and others forbear to hear them, ib. 336 — consequences of their introduction, 336 _ as¬ sist tiie soldiers in oppression, 374. Currie, James, summoned before the council, ii. 848— liberated from prison under a bond, iv. 39. Cuthbertson, William, banished, ii. 141. Culhtl, William, tried and executed, iii. 282, 28-1. I) Dues, James, of Coldiugknows, prosecuted for some words spoken by him, ii. 496— time of paying his line prorogued, iii. 61. Dalgarno parish, much harassed by the methods of the persecuting military, iv. 256. Dalgleish, Alexander, tortured to death at Dunnottcr castle, iv. 325. Dahnahoy, quarter-master, iii. 61. Dalmellington parish, list of persons fined there, iii. 386 —cruelties exercised there, iii. 121, iv. 329, 330- Major Douglas encamps here, and distresses the people, 357. Dairy, barbarous treatment of an old mail there occa¬ sions the rising dissipated at Pentland, ii. 17— fines levied there after Pentland, 64— Captain Strachau’s | persecution there, iv. 182 — three men at prayers sur- | prised and shot at by the military there, 356. Dalrymple, Andrew, before the council, ii. 123. Dali ymple. Sir James, of Stair, proceedings agaiust him, iv. 230, 231- — his character, 232. Dalrymple, James, prosecuted for pleaching at con¬ venticles, iii. 5. Dalrymple , Sir John, fined, iii. 438— supplants Sir George Mackenzie as advocate, iv. 404— is removed, 438. Ddlserf, cruelty of the soldiers there, iv. 183. Dalziel, Sir John, of the Bins, ordered to bring before the council a number of prisoners sent from London, iv. 232— honours ordered for his funeral, 341. Dalziel, Sir Robert, of Glenae, one of the commissioners for Dumfries, ii. 366, iii. 182. Dalziel, general Thomas , of Binns, appointed general of the standing army in Scotland, ii. 13— sketch of liis cha¬ racter andlife, 13, 14, n. — marches against the Pentland insurgents to the west, 19 — approaches Lanark to meet them, 27— attacks and defeats them at Bullion GreeD, on the Pentland Hills, 30, 31— harasses the west country after that battle, and commits some horrid cruelties upon the inhabitants, 62, 63— is gifted with Caldwell’s forfeited estate, 75 — copy of the gift, 75, 76, n.— made privy counsellor, 81— a discharge granted to him, 163 — illiraited commission given him, iii. 174 — letter to him about heritors who had been at Bothwell, 176, 182 — council’s instructions to him iix 1680, 373, 374— council’s act upon his report, 374. Dalziel, William , dies in prison, iv. 135. Darien in America, settlement at, iv. 233. Davie, James, shot by Kennoway, iv. 152. Declaration, act for all in public trust subscribing it, i- 267, m.— form of it, 268 — observations upon it, ib. 269 _ ordered to be signed by all who had not already sub¬ scribed it, 321 — signing of it much pressed at the end of 1663, 345 — pressed again in 1664, 395, 396 — several burghs re se it, 396, ii. 82 — nonsigners of it prose¬ cuted, 323— act for taking it renewed, 496— com¬ missioners of assessment at Renfrew scruple to take it, 501— imposed again on the royal burghs, 512. Declaration of Rutherglen, iii. 66— at Glasgow, 1679, 94. — the one sent from Glasgow to the west country army, 96— 98— at Sanquhar, 212, 213, n. Defections, enumeration of public, iii. 92. Denholm, John, banished, ii. 109. Denholm, Sir William, of Westshields, his trial for trea¬ son, iv. 231— his character, 232. Denniston, James, younger of Denniston, his biographi¬ cal notice of principal William Dunlop, iv. 521. Denoon, Walter, ii. 56. Deponing, act regarding it, ii. 1G7, 108, n. Dick, Sir James, his house burnt, iii. 315, 346, n. Dick, John, banished, iii. 496, iv. 9 — liis examination, ib. Dick, John, student, escapes out of Edinburgh tolbooth in 1683, iii. 445, 473— process agaiust him, iv. 58, 59— his confession, 59, 60— his sentence in 1683, 60 — is retaken in 1684, and sentenced to die, ib.— his letter to his father, 6) — his last words on the scaffold, ib. — abstract of a printed account of him, ib- 62, n. Dick, Quintin, liis remarks upon the Highland Host ii. 427— his sentiments and practice about the cess in 1678, 491, 492— liis account of trouble occasion¬ ed by circuit courts in Ayrshire, iii. 489— liis treat¬ ment by the circuit at Ayr, iv. 129, 130— his state¬ ment of the grounds of his sufferings, 130, ]3i _ his sickness, and consequent exemption from trans¬ portation, 331— his management of a conference with t lie societies, 395. 540 INDEX. Dick, Robert, banished for one conventicle not proven, ii. 482. Dick , Robert , sent to the Bass, ii. 335. Dickie, William, his sufferings from the Highland Host, ii. 4529. Dickson, Alexander, does not take the oaths required, iii. 3 — his character, ib. Dickson, David, his “ Therapeutica Sacra-’ revised, i. 24 1, 376. Dickson, John, brought before the committee of estates, i. 80 — denounced and put to the horn, ii. 153 sent to the Bass, iii. 196. Dingwall, Robert, one of archbishop Sharp’s murder, ers, iii. 47. Discipline, commission for, with remarks, ii. 2 a new occasion of the persecution of presbyterians, with in. stances, 3 — proclamation concerning it, iv. 178. Dobbie, William, weaver in Glasgow, imprisoned for slanderous speeches, i. 306, 307— liberated, 413. Donald, David, his sufferings from the Highland Host, ii. 430. Donald, Matthew, occasion of his death, iv. 252. Donaldson, Andrew, his character, i. 409— ejected from his charge, by the bishop of Dunkeld, ib — intercom- inuned, ii. 325— his hard treatment and imprisonment, 343 — liberated, iii. 152. Donaldson, James, iutercommuned, ii. 286. Donators, severities exercised by them upon noncon¬ formists, iii. 190. Douay, a tine gifted to the college there, iv. 196. Dougal, Arthur, sent prisoner to Edinburgh, iii. 194— is liberated, 196. Douglas, Colonel James, active in persecuting, i. 240— his instructions to proceed against the heritors of the south and west, iv. 206 — liis powers, 207, n. his murders, 239, 240 — that of Andrew M'Quhan, 251— of Thomas Richard, 252, 253— his success in working with spies, 257— instance of his conduct in Galloway, 258— Iris ex- ami nation of Eupliemia Threpland, 3*7— cruelties, 336. Douglas, George, of Bonjedburgh, Ins case, iv. 215. Douglas, lieutenant James, his horrid cruelties, iv. 239 241. Douglas, marquis of, called to present two of his ser¬ vants, and to plant the kirk of Douglas, ii. 481. Douglas, Robert, secretly encourages General Monk to restore Charles II. i. 4, 59, 226-abstract of letters be¬ tween him and James Sharp, 5— 55— his opinion re¬ garding the settlement of government in 1660, 13, n. —his sermon before the synod of Lothian, 61— receives a letter from the king to be communicated to the pres¬ bytery of Edinburgh, 81— offered an archbishopric by James Sharp, which he refuses, 215, n. — his account of the springs of the introducing of prelacy, 225 his re¬ marks on the difference between the first prelates in Scotland, and those appointed in 1661, 262— his re¬ marks on the act at Glasgow, 286-his remarks on the ejection of the ministers of Edinburgh, 299— form of an act for his induction when indulged, ii. 34. Douglas, Thomas, iutercommuned, ii. 325— preaches against hearing the indulged, iii. 65, 90, 91 reward offered for his apprehension, 231. Douglas, Sir William, of Cavers, denounced and put to the horn, ii. 333— his petition to the council fur his mother, iv. 56. Dover interview , account of it, ii. 189* Dreghorn, parish of, curate forced upon it, i. 401. Drone , parish of, riot there, iii. 374, 375. Drumclog, Claverliouse defeated there, iii. 69— proce¬ dure of the council after it, 84, 85. Drummond, James, sent to the Bass, ii. 356, 364. Drummond, John, of Lundin, made privy counsellor, ii. 504_brings to the council the first account of the de¬ feat at Botluvell bridge, ii;. 113— made master of the artillery, 347— made secretary of state, iv. 180. Drummond, William, made lieutenant-general, ii. 13— receives the forfeited estate of Kerr, 76 — goes to court to stop the disbanding of the army, 81— con¬ fined, 270— liberated from prison, 357— goes to London with the duke of Hamilton and others to represent the grievances of the country to the king, 449 — heard before the king, 453— one of the lords commissioners at Ayr, iv. 125— proposes to the heritors of Ayrshire to petition for liberty to take the test, ib.— conse¬ quences of til at proposal, 126 — his commission and instructions in 16S4, iv. 158, 159— his commission to harass the southern and western shires, 208— addi¬ tional instructions, 209— effect of these measures, ib. 214 — his examination and subsequent trial and con¬ demnation of John Bryce and Peter Gillies, 206— supercedes Athole in the lieutenancy of Argyle, 310 — his instructions to seize arms, 313. Dumfries, earl of, his commission, iii 378. Dumfries, synod of, dissolved by Queensberry and Hart- field, i. 123. Dumfriesshire, abstract of an address from, to the com¬ mittee for public affairs, iv. 122. Dun, David, apprehended, carried to Cumnock gal¬ lows, and hanged without trial, iv. 252. Dun, James and Robert, surprised at prayers and shot, iv. 239. Dunbar, Alexander, imprisoned, iv. 196. Dunbar , - , of Baldoon, iii. 393. Dunbar, - , of Grange, coronet, his oppression, ii 428. Duncan, James, denounced, iii 333. Duncan , James, banished, ii. 158. Duncan, James, of Duplin, fined, ii 193 — decreet against him, ib. — 195, n. Duncan, Mrs, is examined, and severely threatened by the council, ii 118. Duncan, Robert, ii. 142. Dundas, James, ii 159. Dundas, lieutenant, his oppression in Dalmellington, iv. 171. Dundas, laird of, fined, iii. 416. Dundee , magistrates of, thanked for suppressing con. venticles, ii. 481— no presbyterians allowed to dwell in it from 1680 to 1687, iii. 191— Claverhouse’s tyran¬ nical government of that town, iv. 455. Dundonald, earl of, turned out of the council for speak¬ ing favourably of Jerviswood, ii. 329. Dunfermline, account of the declaration at, i. 47 — copy of it, 66 — 68, n. Dunkeld, ministers in, cited before the council, i. 3(>3. Dunlop, Alexander, banished, but meanwhile confined to the north, i. 318— his character, ib.— his death, ii. 100. Dunlop, Alexander, of that Ilk, iii. 469. Dunlop, James, of that Ilk, is liberated from prison, ii. 98. Dunlop, James, of Househill, appointed to collect fines in Renfrewshire, ii. 122 — restored to his office, 1 •l~— fined for neglect of his duty in suppressing conventi¬ cles, 335 — liberated, iii. 470. Dunlop, Mrs, her letter to her husband, then at Caro¬ lina, North America, iv. 519, 520. Dunlop, William, principal, cited before a committee of council, ii. 419 — brings a declaration, written in Ediu- INDEX. 541 burgh, to the west country insurgents before the battle of Bothwell bridge, iii. 96— biographical notice of him, iv. 521. Dunn, James, his sufferings, iii. 496. Dunn, Quintin, his sufferings, iii. 496. Dunnotter Castle, barbarous usage of the prisoners there, iv. 324— infliction of torture, 325— petition to the council in favour of the prisoners, and declaration of the governor, ib.— earls of Errol and Kintore sent to examine the prisoners, ib — prisoners brought be¬ fore the council, and one part banished, and the other bailed, 326. Durham, Mrs James, imprisoned for conventicles, iii. 10 — another conventicle in her house, 51. Durham, of Largo, intercommuned, ii. 286— fined for conventicles, 326. E Eachard, archdeacon, remarks on his account of the imprisonment of Mr Guthrie and other ministers, i. 74 — remarks on his account of the trial and death of the marquis of Argyle, 157 — remarks on his account of the introduction of episcopacy into Scotland, 242 — remarks on his account of the Pentland hill in¬ surrection, ii. 33— his account of the battle of Both¬ well bridge, iii. 109— the incorrectness of his representa¬ tion of the earl of Argyle’s attempt, iv. 307 — his ac¬ count of king James’s designs in repealing the penal statutes, correct, 379. Earlshall, Andrew Bruce of, attacks and defeats Richard Cameron and others at Ayrs-moss, iii. 219, 220. Ears cropt, list of convicts to undergo that brutal pun¬ ishment, iv. 218, 219. East Monkland, instances of persecution there, iii. 388. Eccles, William , indulged minister, ejected, iv. 38. Ecclesiastical authority, proclamation for procuring obe¬ dience to it, ii. 15, n. — act about it, 97. Edgar, - , his murder, iv. 241. Edgar , Robert, betrayed in a cave and shot, iv. 243. Edinburgh, presbytery of, letter from the king to, i. 81 — their reply, 82 — their petition to the commissioner and parliament in 1661, 112, n. — send an account of the state of their affairs to the king, 113, 114— their oppo¬ sition to the act rescissory, 227 — treatment of the town in their election of magistrates, 245 — ministers turned out in 1662, 322 — council’s act for securing it from the risers at Pentland, ii. 19 — magistrates fined for a conventicle there, 120 — procedure against presbyterian ministers in 1670, 150, 153 — town fined for conventicles, 237 — tumultuary meeting of women present a petition to the council, 268, 269 — some of them imprisoned and some banished, 269 — fined for a conventicle, 326 — ma¬ gistrates fined for a conventicle in Mrs Durham’s house, iii. 10 — care taken with the town and castle after Drumclog, 83 — students at the college burn the pope in effigy, 344, 345 — council’s procedure upon this af¬ fair, 346, 347 — act of the magistrates against conven¬ ticles, 432, 433 — 25 prisoners escape out of the tol- booth, 445 — council’s act, ordering search to be made after the murder at Swine-abbey, iv. 153, 154 — re¬ port of the cases of the prisoners, 216 — encroach¬ ments on the liberty of the inhabitants, 253— en¬ croachments on the rights of the corporation, 342 — the bailies prosecuted for the escape of prisoners, 347 — king’s letter about a riot in Edinburgh, 397 — bond forced on the students there on that matter, 398 — address to the king, made by the inhabitants, re- I garding the third toleration, 428 — vexations of pres¬ byterian ministers there, 456, 457— affronts put on the papists, how resented, 473 — disorders of the populace, lb. — proclamation of the town council, how treated, ib.— insurrection of the youths, ib.— the Abbey forced, and the images carried in procession and burned, 474 — papists robbed of their books, beads, crosses, and images, ib. — the council order the papists to be pro¬ tected from insult, but to be deprived of arms and ammunition, 475. Edmonston of Broich, his persecution, iii. 121, 146. Elgin, proceedings of the criminal court held there, of commissioners of the privy council, iv. 192— their demands on the heritors, liferenters, and wad¬ setters in the district, 193 — treatment of the mi¬ nisters and elders, ib. — of the commons, ib. — charges to the sheriffs, ib. — conduct of the bishop and clergy, ib. — list of the banished and fined, ib. — of those cited to appear when called, 194 — inquiries respecting a fiery cross, and an association, ib.— treatment of the report of the commissioners by the council, ib.— spe¬ cimen of the conduct of the commission, ib. — decision of the council on the petition of the laird of Grant, 193 — an account from a private hand of the proceed¬ ings of the Elgin commission court, ib. Elliot, Gilbert, proceedings against him, iv. 230, 231 — his station in after life, and character, 232. Eliot, Robert, indulged minister, ejected, iv. 38. Enemies, king’s, description of them, iii. 184, 185. England, church of, act of council allowing the use of the rites and ceremonies of, in Scotland, iii. 232. Enterkin-path, account of the rescue of prisoners there, iv . 172, 173. Episcopacy, favourable to absolute monarchy, i. Iviii. _ and therefore keenly maintained by the Stewarts, Ixvii. Episcopal clergy in Scotland, differences among them, ii. 300. Errol, earl of, his commission, il. 366, iii. 84. Erskine, Sir Charles, his commission, ii. 366. Erskine, Henry, his sufferings, iii. 403, 404. Erskine, Professor John, letter of Wodrow to him, i. xxv., xxvi. Erskine, William, intercommuned, ii. 286, iii. 406 _ seven years close prisoner, iv. 38 Estates, convention of, called to support the army, ii. 16 — meet in 1667, and grant large subsidies, 81. Evangelists, persons called the bishop’s evangelists sent west, ii. 177. Evans, - , account of his death, iv. 1S7. Exchequer, lords of, list of them, i. 217, 218. Excise, the revenues annexed in perpetuity to the crown, iv. 267. Exclusion, bill of, heads of it, iii. 29— second bill of, thrown out by the English house of peers, 211. Eyoncraig, instance of persecution there, iii. 389- F Fairfoul, Andrew, appointed archbishop of Glasgow, i. 236— his character, ib. — consecrated in London, 239 —appointed to revise D. Dickson’s “ Therapeutiea Sacra,” 244 — his proposal to the commissioner regard¬ ing the collation and admission of presbyterian clergy¬ men, 282— the council’s letter to him, 281 — his death, 372, 382 — Burnet and Kirkton’s remarks on his cha¬ racter, 372, 373, n. Fairie, David, is criminally processed, iii. 283— is con¬ demned and executed, 286, 287. Fairley, James, seized aud imprisoned, iv. 257 542 INDEX. Fairley , laird of, terms of his liberation, iv. 212. Fairlie, William, of Brunsfield, his sufferings, iv. 211. Farquharson, - , of Chilbrae, denounced, ii. 243. Fast, appointed upon the popish plot, ii. 502 — proclama¬ tion for one, iii. 246, 247, n. — act of council authoriz¬ ing two yearly in the diocese of Edinburgh, iv. 177. Fear a, - , list of prisoners delivered to him for trans¬ portation, iv. 223. Fenwick, session of, their commission to Rowallan to bear down vice, ii. 278. Ferguson, Alexander, of Kilkerran, his treachery, iv. 241 — his sentiments on the murder of John Semple, ib. Ferguson, an apostate from the wandering covenanters. Iris cruelty, iv- 243. Ferguson, Hugh, fined, ii. 224. Ferguson, James, his intimation of the national fast for the Dutch war, i. 421 — his death, ii. 100. Ferguson, John , indicted for being at Bothwell, iv. 235. Ferguson, Robert, of Eetterpin, process against him, iii. 262 — liberated upon a remission, 452. Fergusson, Robert, proceedings against him before the justiciary, iv. 230 — before parliament, 231 — sentence, 277. Ferguson, Robert, shot in the fields, iv. 177. Ferguson, Thomas, his sufferings, iii. 393— forfeited, 408. Fife, synod of, present a supplication to the parliament iu 1661, i. 119 — their designed supplication and admoni¬ tion to the people then under their charge, ib. 122, n. — are interrupted in their meeting by the earl of Rothes, 120 — remarks on their conduct in dissolving, 122, n. — all their presbyteries approve of the supplication and admonition, ib. Field conventicles, several banished for being present at, ii. 4S0, 482, 484 — gentlemen in Galloway prosecuted for them, 481 — letter in defence of them, 487 — 490, n. Field-meeters, act empowering the army to pursue them to death, iii. 39. Field meetings, origin of them, i. 331 — frequent in 1675, ii. 279. Fiery cross, inquiries of the court at Elgin about one, iv. 194. Fines, act of, intention of it, i. 271 — committee appointed by parliament to levy them, ib. — manner of forming that committee, ib.— list of persons fined by it, 271 — 279, n. — remarks upon it, 274 — 277 — letter from the king stopping the first payment leviable by it, 337 — proclamation drawn up by the council in the words of the letter, prohibited from being published by orders of Middleton, 338 — proclamation at length published upon a second letter from the king, ib. — letters from the king, and proclamations in terms of them for levying the fines, 397 — 399 — the king’s warrant for raising the fines, with remarks, 399— a proclamation in 1665, about the fines, 425, 426 — king’s letter about those received, iv. 2 — council’s letter, and reasons for fining husbands for their wives, 3—5. Fines, list of those imposed by the court at Elgin, iv- 193 — those iu the act for securing conformity among tenants, 279 — specimen of the way of fining for non¬ conformity, 356. Finlay, David, shot by orders of general Dalziel, though innocent, ii. 63 Finlay, James, ii. 163. Findlay, James, his indulgence, iii. 13*. Finlay, John, tried and executed, iii. 414, 415. Findlay, Robert , killed for being at Bothwell, iii. 108. Finnie, Robert, curate, iv. 184. | Fleming, George, one of archbishop Sharp’s murder- I ers, iii. 47. Fleming, Robert, iii. 96. Fleming, Sir William, is heavily fined for his lady’s having been present at conventicles, iii. 6. Fletcher, Andrew, of Salton, prosecuted for treason, iv. 226 — escapes, is denounced a rebel, and his estate for¬ feited, 227 — his character, ib. — indicted before parlia¬ ment for treason, 231 — 355. Fletcher, David, appointed bishop of Argyle, i. 237 — his character, ib. Fletcher, Sir John, obliged to quit lus post of advocate, and processed, i. 418. Flockhart, John, his sufferings, iii. 406. Forbes, John, of Lesly, fined, iv. 48. Forbes, Patrick, appointed bishop of Caithness, i. 237. Foreman , Patrick, is criminally processed, iii. 285 — is condemned and executed, 286, 287. Forest, John, an indulged minister, ii. 282. Forester, Andrew, imprisoned a second time, ii. 355- Forester, Thomas, minister at Alva, deserts the meet¬ ings of the presbytery of Stirling, ii. 252 — their letter to him and his reply, ib. 253 — copy of a paper contain¬ ing his reasons for disowning the present church judicatories, 253 — 258, n. — leaves his parish, joins the persecuted, is taken, and continues in prison till the indemnity, 255 — 258 — sentence of deposition passed against him by the synod of Dunkeld, and ratified by the bishop, 258, 259 — his remarks on these, 259 — 263, n. — his after history and publications, 260, n. Forfeitures, after Pentland, it 66 — act about them in absence, 140 — after Bothwell, iii. 249, 250 — in 1683, 485 — in 1684, iv. 62 — reasons for rescinding them, 487, n. — act of parliament rescinding them, 489 — 494, n. Forrest, James, and son, banished, iii. 446. Forrest, shire of, extent of the sufferings here, iv. 230- Forsyth, James, his sufferings and confinement at Dun- notter, iv. 321, 322 — barbarity exercised on his wife, 322. Fowler, capt. John, killed at Ayrs-moss, iii. 220. France, council’s letter to the king upon impositions on Scotsmen there, i. 381 — edict of the king of, upon the declaration of the clergy, iii. 366, 307, n. — declara¬ tion of the clergy concerning the ecclesiastical power, 367, 368, n. — protestation of a general assembly of them, 368, n. Fraser, Dr James, his letter to Wodrow, encouraging him to publish his history, i. x. Frazer, James, of Brae, intercommuned, ii. 286 — his sufferings, 351 — his remarks upon his being intercom¬ muned, ib — is taken at Edinburgh, and brought before a committee of council, 352 — what passed there, ib. 353 — copy of his examination before the council, 353, 354, n. — harshly treated in prison, and sent to the Bass, where he continues for two years and a half, ib. — liberated upon bond, 354 — his conduct since his libe¬ ration, iii. 270 — falls sick in the north, aud is cited before the council, 271 — though afraid of a design against his life, yet he appears, and is fined and im¬ prisoned, ib. — account from his own papers of what passed, ib. — his discourse in answer to his indictment, 272, 273 — is liberated upon bond to leave Scotland, and goes to London, 271 — is seized there upon the break¬ ing out of the plot, 443 — his examination before the king, ib. 444 — refuses before the lord mayor to take the Oxford oath, and is imprisoned for six months, 414, 445. Fraser, John, iii. 224 — brought up to council, iv. 233 — state of the dissenters in London, and occasion of his INDEX. 543 apprehension, 322 — he i9 sent prisoner to Scotland, and subsequently confined in Dunnotter, ib — his hard treatment in the way from Edinburgh thither, 323— his sickness in Dunnotter from barbarous usage, 324 — Iris hardships in travelling from Dunnotter to Leith, 331. Fugitives, proclamation against, and list of, iv. 12— 28, n. Fullarton, John, appointed major, iv. 291 — descent on Greenock, 292 — accompanies the earl of Argyle after the disbanding of the troops, till they are both taken, 29C — notice of his escape, 297. Fullarton, William, is brought with other ministers before the council for preaching, and in a premeditated discourse defends himself and them, ii. 123 _ 125 _ they are liberated, 126. Futhy, James, his case, iv. 215. Fife, Christian, process against her, iii. 409. Fyfe, Nathanael, appointed to collect fines in Renfrew, shire, ii. 123, 125. G Galashiels, lady, cited before the council, iii. 61. Galloway, synod of, draw up a supplication against pre¬ lacy, i. 123— form of supplication, ib. — 128, n. — are dis¬ solved by the earl of Galloway, 124 — their moderator protests against the dissolution, 125 — diocesan meeting of the synod of, their diet continued, 339 — acts of council about the ministers of, 3G2, 363 — several gen¬ tlemen there denounced, iii. 4, 10— forfeited, 180, 413. Gallows, remarks on one which stood near the scene of the skirmish at Bothwell, iii. 107, n. — a new one erected by the commissioners from the privy council, before they sat at Elgin, iv. 195. Gardiner, Allan, murdered, ii. 231. Gardiner, James, his sufferings, i. 313. Gardner, Mrs, her house searched, iv. 255 Gardner, Nicol, fined, ii. 151. Garnoek, Margaret, liberated after a year’s confine¬ ment, iii. 448. Garnoek, Robert, iii. 130, 176 — is criminally processed, 285 — is condemned and executed, 287. Garret, Philip, an Irish tinker, ii. 371. Garrisons, act of council appointing them in the disaf¬ fected parts of the country, ii. 282, 283 — observations on it, 283, 284 — procedure about them, 415,416 — ap¬ pointed in 1680, iii. 185— in 1681, 248, 219— in 1683, 432— in 1684, iv. 12— in 1685, 254. Gate, John, banished for refusing to drink the king’s health, iv. 170 — his wife’s sufferings, ib. Ged, Robert, fined for a conventicle, ii. 243. Gemble, John, indulged minister, summoned before the council for breaking his instructions, ii. 296. Gemble, John, killed at Ayrs-moss, iii. 220. George, Thomas, mortally wounds Henry Hall, iii. 206. Gib, John, account of him and his followers the sweet singers, iii. 348, 349 — his extravagances stopped in the west, 349 — is imprisoned, 350 — his blasphemous paper, ib. — 355, n. — Cargill’s letter to him and his followers, 353 — 355, n. — act of council regarding them, 253 — 355. Gib, John, an informer, iii. 442. Gibson, James, heavily fined, iv. 171. Gibson, John, liberated upon a remission, iii. 152. Gibson, John, betrayed in a cave and shot, iv. 243 — his conduct on that occasion, ib. Gibson, Lawrence, persecuted, iii. 391. Gibson, Robert, banished, ii. 141. Gibson, Walter has many prisoners committed to his charge to transport to Carolina, iv. 8— his severities to them on the passage and afterward, 10, 11. Giffen, or Govan, capt. William, seized and imprisoned, i. 65— sentenced to be executed with James Guthrie, 173 — remarks on the reasons of his sentence, 195, n. — his speech upon the scaffold, ib. 196, ».— his conduct there, 196. Gilchrist, James, prisoner, iv. 175. Gilchrist, - , dispossessed of his kirk, and imprison¬ ed, ii. 348. Gilfillan, John, his circumstances, seizure, and subse¬ quent treatment, iv. 255. Gillespie , Edward, fined for a conventicle, ii. 326. Gillespie, lady, her sufferings, iv. 175. Gillespie, Patrick, principal of Glasgow college, his compliance with Cromwell, i. 204— brought before the parliament, ib. — heads of his indictment, ib.— his speech in answer to it, ib. — some time afterwards makes some acknowledgment before the parliament, and is liberated, 205— his conduct condemned by many', ib. — committee appointed to compose the differences between him and the moderators of the university of Glasgow, 246, Gillespie, Robert, sent to the Bass, ii. 223. Gillies, Neil, privately ordained, iii, 21 — allowed to preach, 156. Gillies, Peter, his character, iv. 245— his persecution by the curate of his parish, ib. — occasion of his apprehen¬ sion, ib. — treatment of him and his wife by the mili¬ tary, ib.— account of his farewell letter to her, 246 — his examination, ib. — his summons, sentence, execu¬ tion, and burial, ib. Gilon, James , cruelties exercised on him, ii. 113. Glasgow, bond of peace offered in the barony of, ii. 106 — several there fined for nonconformity, 150 — heritors fined, because thieves broke the curate’s house, 163 — town fined for a conventicle, 242, 243 — diocesan synod, grievances formed by them to be presented to parlia¬ ment, 263 — 265 — remarks on them, 265, 266 — soldiers set at the gates of it to prevent people going to con¬ venticles, 362 — several in it denounced for conventicles, 363 — a search there for fugitives and arms, 387 _ meeting of council committee to attend the Highland host there, 396 — burgess tickets of all who refuse the bond there to be torn, 411 — some of the Highland host stripped of their spoil there, 413— particulars of the at¬ tack ou it by the covenanters after their success at Drumclog, iii. 71 — great inhumanity exercised to¬ wards the bodies of the covenanters who were killed there, 71, 72 — the king’s troops there deeming them¬ selves insecure, march eastward, 83 — several officers of the king’s army unsuccessfully solicit Monmouth to burn it, 113 — students at the college assume coloured ribbons as tokens of their being protestants, 513 _ trades of, fined, 446 — procedure of the circuit at, against particular persons, iv. 134 — whipping and branding inflicted on many poor persons who had been crammed in the jail thereon account of religion, 210 — petition of the magistrates, with its answer, ib. — they are ordered to be prosecuted for the escape of prisoners, 211 — oppression of Glasgow and neighbour¬ hood, 254 — attack of the military on the inhabitants, and strict search for suspected persons, during the joviality of a king’s birth-night, 415 — the students burn the effigies of the pope and the archbishops of St Andrews and Glasgow, 472. Glasgoiv, act at, occasion of it, i. 282 — form of it, 282, 283 — observations upon it, 283, 286 — more than a third of the presbyterian ministers ejected by it, 323. 544 INDEX. Glasgow and Ayr, synod of, their supplication to the parliament delayed, i. 117— their declaration concern, iug the government of the church of Scotland in 1661, ib.— attempt to meet again, but are prevented by the commissioner, 118 — members of, supplicate the com¬ missioner, ib. Glass , Patrick, liberated after four years’imprieonment, iii. 26. Glencairn, earl of, lord high chancellor of Scotland, i. 218 — his death, 416, 417. Glenluce, New, instances of persecution there, iii. 3S4, 385. Gloucester, duke of, dies, i- 85. Goodivin, Robert, banished, iv. 48— examined again, and sent to the iron-house, 150. Gordon, Alexander, is persecuted, i. 318. Gordon, Alexander, of Earlston, his narrow escape after the battle of Bothwell bridge, iii. 108, n.— sentenced to die, 470— state of his case, ib. 471— after his sentence the council propose and agree to examine him by torture, 471, 472 — examined, but not tortured, 472 — continues in prison till the revolution, ib. — letter to him from some covenanters, vindicating them from charges which had reached him, iv. 502, 503. Gordon, Charles, minister of Campvere in Holland, his trouble in getting a pass for that country, iv. 457— curious interview with the archbishop of Glasgow, ib. — introduced by the duke of Gordon to the chancellor, 453 — his examination, ib. — confinement in the castle, 459 — the chancellor relenting, intrigues for a petition from Gordon, and having got one liberates him, 460 — the duke of Gordon’s conversation with him on the affair, ib. Gordon, duke of, made chancellor, iv. 181. Gordon, Edward, seized by Lagg’s order, and without trial hanged, iv. 240. Gordon, Sir George, made privy counsellor, ii. 503. Gordon, John, and brother Robert, process against them for being present at Pentland, ii. 39 — 48, n. — are executed, 48— hardships their relations underwent after Pentland, 49 — their behaviour at place of execution, 58. Gordon, John, of Largmore, dies of wounds received at Pentland, ii. 78. Gordon, John, hanged for killing a man whom he er¬ roneously supposed to be a whig, ii. 105. Gordon, John, sent prisoner to Edinburgh, i. 412. Gordon, John, shot without process, iv. 240. Gordon, John, of Irongray, executed for being present at Pentland, ii. 50. Gordon, Roger, his sufferings after Pentland, ii. 64 Gordon, William, of Earlston, commissioners from coun¬ cil by letter, order him to comply in settling an epis¬ copalian minister at Dairy, where he was patron, i. 369 — his answer, ib. — cited before the council, 373 — council’s act against him, 412 — his house converted into a garrison, ib 64 — killed at Bothwell bridge, iii. 108 — prosecuted after his death, 180. Gordon, William, of Culvenan, iii. 241. Gordon, William, of Roberton, killed at Pentland, ii. 78. Cougar, William, tried and executed, iii. 277, 278. Govan, John, imprisoned for conversing with his brother in-law, ii. 482. Govan, John, refuses to take the oaths required, iii. 3. Govan, John, before the council, iii. 129. Gourlay, Robert, banished, iii. 446. Cowrie’s conspiracy, orders for keeping the anniversary of it, i. 244. Graham, David, his commission and instructions, iv. 6, 164, 165 — his severity in courts held by him in Tvri- nam, 168. Graham, George, curate, his share in persecuting, iii. 384. Graham, James, tried and executed, iv. 166, 167. Graham, John, of Claverhouse. See Claverhouse. Graham, John, executed for being concerned in the Pentland rising, ii. 53. Graham, John, provost of Glasgow, imprisoned, i. 75— declared rebel and fugitive, 428- Graham, Michael, fined, iv. 52. Graham, cornet William, his oppressions in Galloway, iii. 244,384,491 — his commission, iv. 6 — murdered, iii. 450- Grange, lord, letter from Wodrow to him, i. xxx. Granger, John, fined, iii. 493. Grant, Duncan, his oppression, iii. 493. Grant, Ludovick, laird of, his fine, iv. 193 — petition, 194 — the decision, 195. Gray, Andrew, seizes Sir James Turner, ii- 18 — unjustly accused of having run away with his money, ib. n. Gray, James, assists iu stopping Gib’s extravagances, iii. 349 — his sufferings, 391, 393. Gray, James, his sufferings, iii. 129, 263, 264. Gray, James, younger, killed at Ayrs-moss, iii. 220 Gray , John, processed, iii. 196. Gray, Robert, summoned before the council, ii. 117 — the king’s advocate plays a trick upon him, which causes him to die of grief, 118 Gray, Robert, Englishman, his indictment for writing a letter, iii. 410, 411 — is executed, 412. Greenshields, - , turns informer, and is afterwards whipped, iii. 349. Greg, Thomas, his sufferings, iii. 40?. Greig, James, his indulgence forfeited, ii. 348. Greig, John, imprisoned, ii. 285. Grier, Fergus, iii. 96. Grier, John, shot in the fields, iv. 177. Grier, John, executed for being concerned iu the rent- land rising, ii. 53. Grier, Robert, banished, ii. 108. Grierson, James, ii. 65. Grierson, Robert, of Lagg, his oppressions at Dumfries and Kirkcudbright, ii. 49, iii. 214 — iiis commission and instructions, iv. 164, 165 — exercises great severity in the courts he holds in Galloway, 168, 174, 182. Grierson, Robert, betrayed in a cave and shot, iv. 243. Guillan, Andrew, one of archbishop Sharp’s murderers, iii. 47 — taken prisoner and indicted, 462, 463— con¬ demned upon his own confession, and executed, 463. Guthrie, James, meets with other ministers to draw up an address and supplication to the king, i. 68 — appre¬ hended and imprisoned, 71 — sent to Stirling castle, 75 — supposed to be the author of “ The Causes of God’s Wrath,” ib. — his parentage, 159 — was an episcopalian in education, but leaves those sentiments, ib. — had warnings of his after sufferings, ib. — the part he took against the public resolutions, ib. — sent for to Perth on that account, with his colleague, Mr Bennet, ib. — their letter to the chancellor, 159, 160 — their protesta¬ tion to the Committee of Estates, 160 — they are con¬ fined, ib. — their second protestation, 161 — they are soon dismissed, 162 — cause of Middleton’s enmity to¬ wards him, 163 — brought into Edinburgh, and receives his indictment, ib. — appears before the parliament, 164 — heads of his indictment, ib. — his speech at read¬ ing his indictment, ib. — 169 — is ordered to bring in his defences, 169 — remarks on the chief article of his in¬ dictment, 170 — his great abilities acknowledged by his lawyers, 170, 171 — his speech after reading his pro- INDEX. 545 cess in parliament, 171—173 — the influence his speech had upon members, 173 — his indictment found rele¬ vant, ib.— sentence pronounced, ib. — offers made to him, ib. — grounds of his sentence ib. — remarks on his character and conduct by Burnet, ib. n. — his indict¬ ment, 174, n.— his defences, 176, n. — minutes of the criminal process against him, 190, 191, n. — his com¬ posure when his sentence was extending, 174— the king dissatisfied with his condemnation, 178 — 180 — letter to him from a friend after his sentence, 183 — his composure and serenity while under sentence of death, 192 — his declaration obviating some false reports spread about him, ib. — his cheerfulness before, and behaviour at his execution, ib. — his last speech, ib. — 95, n. — drops of his blood said to have fallen on the commissioner’s coach, 196 — Sir George M‘Kenzie does not vindicate his treatment, ib. — the process against him omitted in the parliament records, 158 — his wife and daughter brought to trouble for having the “ Apo- logetical Narration,” ii. 7. Guthrie, John, preaches at the renewing the covenant at Lanark, ii. 25 — has a violent attack of the gravel, 28 — forfeited, 73 — process against him, 73 — 75, n. — his widow' imprisoned for a conventicle, 335. Guthrie , William, preaches against any change in the church, i. 109 — is dispossessed by bishop Burnet, 406 — preaches his farewell sermon, 407 — no violence used against those who came to eject him, ib. — this sentence intimated in his church and to himself, ib. — account of what passed on that occasion, 407, 408 — his civility to the soldiers sent to dispossess him, 408 — the curate who intimated his sentence die3 soon after, ib. —dies at Angus, 409, 427. H Hackston , David, of Rathillet, present at the murder of archbishop Sharp, though he did not take an active hand in it, iii. 42, 44— his goods secured and put under inventory, 53 — his gallant conduct at Bothwell bridge, 106— a reward offered for him dead or alive, 143— his account of the rencounter at Ayrs-moss, 219, n.— is taken prisoner there, ib., 220— his character, 221- council’s orders to the magistrates of Edinburgh about him, ib. — his conduct before the council, 2^2— council’s act about the manner of his execution the day before his trial, ib.— is indicted before the justiciary, ib.— his declinature of the justiciary adduced as probation, ib. 223— sentence upon him executed with solemnity, 223. Haddington, earl of, his commission, ii. 366— goes to London with the duke of Hamilton, 449. Hag-gat, Anthony, a quaker, in prison, ii. 6. Haining, laird of, his commission, ii. 366. Hales, judge, his rules in criminal matters, iii. 3-41 , 342. Haliburton, George, appointed bishop of Dunkeld, i. 237 —his character, ib.— preaches a sermon before the parliament, 257. Haliburton, George, denounced, ii. 333. Halket, Robert, is liberated from prison, ii. 99. Hall, Henry, his character, iii. 205— is closely pursued for having been at Pentland, Drumclog, and Both¬ well, ib. — is discovered and mortally wounded in an attempt to take him at Queensferry, 206— general Dalziel seizes him, and carries him to Edinburgh, but he dies on the road, ib.— account of this from the re¬ gisters, ib.— copy of the unsubscribed paper found on him, generally called the Queensferry paper, 207 — 210, n. Haliday, David, his apprehension and merciless execu¬ tion, iv- 252. Halliday, David, his apprehension and military execu¬ tion, iv. 242. Hallome, John, executed for refusing the abjuration oath, iv. 184. Halton, lord, Charles Lauderdale, made a counsellor, i. 379 — his account of the examination of James Mitchell before the council, ii. 248, 249— causes duke of Hamil¬ ton and others to be turned out of the council for speaking in favour of Jerviswood, 329. Hamilton , many in it brought to trouble for their con¬ verse with the west country army, iii. 112. Hamilton, Alexander, of Kinkel, summoned before the council, ii. 129 — intercommuned, 286 — the great hard¬ ships he and his family underwent for nonconformity, iii. 145, 146 — process against him deserted, 251. Hamilton, Alexander, ii. 347. Hamilton, Alexander, fined, iii. 494. Hamilton , Anna, lady Gilkerscleugh, processed crimi¬ nally, iii. 195. Hamilton, captain, of Ladyland, disarmed, iv. 128. Hamilton, Claud, of Barns, his case, ii. 248. Hamilton, duke of, gets command of a troop of horse, ii. 13, 37 — his commission from the council, 222 — he and his party oppose a supply to the king till the grievances of the country be redressed, 228 — goes to London upon the adjournment of parliament, 229 — member of a council for trying conventicles, 234 — turned out of the council for speaking in favour of Jerviswood, 327, 329 — debate before the king between him and the duke of Lauderdale, 342 — averse to the bond in 1677, 368 — ordered to attend the king’s host, 381,382 — goes up to London to complain against the mana¬ gers at Edinburgh, 449 — admitted to a hearing of the king, 452, 453— he and his party blamed for the rising at Bothwell, iii. 119, 120— goes up again to court to represent the grievances of the country, 158— goes to court again, and complains against Lauderdale, 261, 267 — scruples to take the test, 301- Hamilton, duchess of, instrument taken by her against the earl of Strathmore, to restore what was illegally taken from her and her tenants, ii. 430, n. Hamilton, Gabriel, of Westburn, fined, ii. 321. Hamilton, Gavin, process against him for being present at Pentland, ii. 39—48, n.— is executed, 48. Hamilton, George, i. 394 — denounced in absence, iii. 196. Hamilton, George, of I’rowncastle, fined, iv. 137, 147 — his petition and case, 212. Hamilton, Grizzel, dies, ii. 431. Hamilton, James, troubled for preaching in a vacancy, ii. 482. Hamilton, James, of Aikenhead, his hardships from the High Commission Court, i. 391, 392— confined, ii. 3, 88— fined, 321— liberated, iii- 469, iv. 53— terms of his liberation, 211. Hamilton, James, appointed bishop of Galloway, i. 236, 237 — his character, ib.— consecrated in London, 239. Hamilton, James, of Langton, fined, ii. 227— fined for a conventicle, iv. 42. Hamilton, James, is sent prisoner to Edinburgh from Glasgow for preaching iu his own house, ii. 127— his examination before a committee of council, ib. — refuses to engage to preach no more, ib. — the council’s sen¬ tence upon him, 128— kept in prison till his health is impaired, ib. — denounced and put to the horn, 153. Hamilton, James, process against him for being present at Pentland, ii. 39 — 48, n.— is executed, 48. Hamilton, James , a prentice boy, liberated, iii. 173. Hamilton, James, of Parkhead, sentenced to be hanged, iii. 485. 3 z iv. 546 INDEX. Hamilton, John, of Halcraig, fined, iv. 136, 147— his case, 212. Hamilton, John, ii. 65. Hamilton, John, fined for his lady’s being at conventicles, iii. 43S. Hamilton, John, his conduct anent the penal statutes, and consequent sufferings, iv. 367. Hamilton, John, killed at Ayrs-moss, iii. 220. Hamilton, Mrs, fined for a conventicle, ii. 326. Hamilton, Patrick, of Neilsland, fined, ii. 321. Hamilton, Robert, his reprieve prolonged, iv. 214. Hamilton, Robert, in Spittal, persecuted, ii. 3. Hamilton, Robert, with some armed men, hinders an al¬ leged favourer of the indulged to preach, ii. 501. Hamilton, Robert, sketch of his life and family, iii. 51. with others, resolves to publish a testimony against the iniquity of the times, 66— their motives, ib. — their declaration and testimony at Rutherglen, ib. 67 — the success at Drumclog ascribed to him, 70 — he and his party march in pursuit of Claverhouse, and attack Glasgow', in which they are unsuccessful, 70, 71 — without being chosen takes the command of the risers, 89 — heads the party before the battle of Bothwell bridge, which is opposed to moderate measures, 90 — his cowardice one great reason of the defeat at Both¬ well bridge, 106, 107— charges against him, iv. 392 — his conduct, 393. Hamilton, Robert, laird of Monkland, process against him, iii. 464 — debates upon his case, ib. 465 — his sen¬ tence, 465. Hamilton, Thomas, of Raith, forfeited, and condemned to be hanged, iii. 485 — gets a remission upon petitioning the council, iv. 42. Hamilton, William, of Overton, fined, iv. 136, 147 — his case, 213. Hamilton, William, the severity exercised towards him for a conventicle, which ends in his death, iii. 54. Hamilton, William, of Ormiston, his commission in 1684, iv. 159, 160. Hamilton, William, killed by the soldiers without pro¬ cess, iii. 108. Hannah, William, and his son, their sufferings, ii. 175, 176. Hardy, David, his examination before the council, iii. 128. Hardy, John, cited before the council, i. 371 — removed from his charge, 372. Hardy, John, minister of Gordon, tried for treason, and acquitted, iv. 438. Harkness, Thomas, sentenced and executed, iv. 67, 68 — his testimony, 68. Harper, Sir John, imprisoned for alleged converse with rebels, iii. 434. Harper, Robert, banished, ii. 141. Harris, James, and son John, persecuted, iii. 3S5. Harroway, John, banished to the plantations, ii. 482. Hart, James, minister, Edinburgh, letter from Wodrow to him, i. xxii. Hart, John, executed for being concerned in the Pent- land rising, ii. 52. Harvey, Marian, processed criminally, iii. 275 — remarks on her examination before the council, 276 — her pro¬ cess before the justiciary, ib. — is found guilty, and ex¬ ecuted, ib. 277. Harvey, William, sentenced to be hanged, iii. 409 — his testimony, and what passed at his execution, ib. Hastie, Alexander, banished, ii. 158. Hasty, Alexander, denounced, iii. 267. Hastie, James , his sufferings, iv. 45. Hattrick, John, ii. 163. Hattridge, John, before the high commission court, i. 396. Hay, Alexander, his lands forfeited, iii. 181. Hay, - , of Park, imprisoned, iv. 53 — his trial, 276 — liberation, 279. Hay, Andrew, his case, iv. 211. Hay, George, of Balhousie, fined, ii. 192 — particulars of his case. 193. Hay, Laurence, sentenced to be hanged, iii. 278. Hay, Patrick, his case, iv. 215. Hay, Peter, of Lees, fined, ii. 192. Hay, Thomas, dean of Murray, made justice of the peace, iv. 181. Henderson, Alexander, the parliament grant an order to rase his monument in Gray friars’ church yard, i. 321. Henderson, Andrew and Alexander, concerned in arch¬ bishop Sharp’s murder, iii. 47. Henderson, John, father of last, liberated on bond, iii. 176. Henderson, John, indicted for the murder of archbishop Sharp, and makes his escape, iv. 235. Henry, Archibald, fined, ii. 151. Henry , Agnes, strangled and burnt for a witch, ii. 317. Henry, Janet, strangled and burnt for a w'itch, ii. 317. Hepburn, Sir Patrick, fined for resetting Gabriel Sein- pill, iii. 267. Heriot’s Hospital, boys of, their satire on the trial of the earl of Argyle, iii. 344, n. Herriot, Alexander, refuses to take the oaths required, iii. 3. Herron, Andrew, his process for converse with his own son, iii. 422 — after a remission is heavily fined, 439. Herron, William, his summary execution by the mili¬ tary, iv. 240. High Commission Court, its erection, i. 384 — king’s com¬ mission for it, 384 — 386 — its ground, design, basis, head, members, work, and excessive powers, 386, 387 — persons against whom its powers are directed, 387, 388 — the army, magistrates, and privy council to as¬ sist the members of it, 388— their power illimited, ib. —this court a grievance both in Scotland and England, 389 — remarks upon its members and powers, ib. — their severity and manner of procedure, 390 — comes to an end in two years, ib. — its actings and persecutions, 390 — 395 — their records not to be found, 390. Hide, chancellor, his fall, i. 349. Highland Host, causes of sending them down upon the west country, ii. 370— 378— the proposal originated with the council to press the bond, 375 — remarks upon the sending them down upon the west, 378— commis¬ sion of array for raising them, 379, 380, n.— some noblemen going to court to inform the king of the state of the country, are prevented by an act of coun¬ cil, 380, 381 — duke of Hamilton called to attend the host, excuses himself, 381, 382— council committee to attend the host with their commission and instructions, 383 — 337 — the unsuccessful exertions of the Ayrshire heritors to preserve themselves from them, 388— they rendezvous at Stirling, ib. — their officers, numbers and arms, ib. 389 — instructions of the committee to the sheriff's, 389— the bond which they were called to force, with remarks, ib.— 396 — the ravages the host commit on their journey to Ayrshire, 396, 397— and in Ayr¬ shire, 410 — express from the council to dismiss them, ib. — are ordered home, 412 — they return homewards loaded with spoil, 413 — some of them stripped of it at Glasgow', ib. — general hints of their ravages, 421 — I N D E X. losses in Kyle by them, 423, 424 — in Carrick, 425 — in Cunningham, ib. 426 — Quintin Dick’s remarks upon them, 427, 428 — further account of their ravages, 428 — 131 — letter from the king, approving of the council’s proceedings on this occasion, 432, 433 — council’s true narrative of their proceedings, 442 — 446, n. — observa. tions upon this true narrative, 415—449. Highlanders, their success in persecution, iv. 257 — much desired by some of the curates, ib. Highlands, procedure for preserving the peace of, ii. 493. Hilderston, lady, fined, ii. 151. Hill, Nininn, of Lambhill, fined, ii. 321. Hislop, Andrew, his hospitality, iv. 249 — his persecution, ib. — his apprehension, ib. — circumstances of his mur¬ der, 250 — his burial-place, ib. Hislop, James, his poem on tho slaughter of Cameron and others at Ayrsmoss, iii. 220, 221, n. Hodge, John, iv. 53. Hog, Thomas, fined, iii. 446. Hogg, John, put to the horn, and forfeited, iii. 455. Hogg, Thomas, of Kiltearn, informed against, ii. 112 — intercommuned, 286 — brought from Murray to Edin¬ burgh tolbooth, 355 — confined to Kintyre, 356 — ac¬ count of him, extracted from MS. memoirs of James Nimmo, iv. 511—513. Hogg, Thomas, in Stirlingshire, intercommuned, ii. 256. Holburn, James, is liberated from prison, iv. 93. Holms, George, iv. 139. Honeymnn, Andrew, made bishop of Orkney, i. 382 — wounded by James Mitchell, ii. 114 — remarks upon it, 117. Honnyman, George, curate in Livingstone, his violence and treachery, iv. 257 — his promise of money for the apprehension of a certain youth, ib. — instance of his treachery, 257, 258. Hope, lady Mary, her case, iv. 213. Hope, John, divested of his office as sheriff for his scru¬ ples about the test, iii. 300. Ilopkin, Matthew, his losses by the Highland host, ii. 429. Host, king's, council’s letter to Lauderdale respecting nonattendance on it, iii. 177, 178 — king’s letter to the justiciary about those deserting it, and those who had not attended, ib. — many gentlemen fined for it, 179 — the prosecution taken from the justiciary and given to the council, who fine many, ib. Houston, David, ii. 190 — his reception by the societies, iv. 395— his apprehension in Ireland, and rescue at Bellow path, near Cumnock, 442 — proclamation about it, ib. n.— country brought to much trouble on account of it, ib. 413 — his excommunication by the society peo¬ ple afterwards, ib. Houston, John, jun. his scuffle with major Fullarton, iv. 292. Houston, lady, frightened by the Highland host, falls into a fever, and dies, ii. 431. Howison, James, sentenced to be executed, iv. 6t. Hume, Alexander, sheriff' depute of Renfrewshire, thank¬ ed for some informations, iv. 211. Ilume, Alexander, tried, and sentenced to be executed, iii. 416, 417 — his last words at his execution, 418 — 420. Hume, Alexander, fined, iii. 179. Hume, David, ordered to be apprehended, ii. 234 — inter- communed, 325 — of the moderate party before Bothwell bridge, iii. 90—93 — carries a declaration to Glasgow, and publishes :t at the cross, 94 — commissioned to go to the duke of Monmouth with a supplication, 106. Ilume, Geo. of Kimmcrgham, fined for irregular mar¬ riage, ii. 480. Hume earl of, his commission, ii. 366. 547 I Hume, George, laird of Bassenden, fined, iii. 179 — pro- j ceedings against him for treason, iv. 231. Hume, Sir John, of Renton, ii. 38, 39. Hume, Sir Patrick, of Pol wart his freedom of speech in parliament, ii. 223 — is imprisoned for refusing to con¬ tribute to the garrisons, 294— council’s letter to the king giving an account of his imprisonment and his reply approving it, ib. 295 — sent to Dumbarton castle, 481 — ordered to be liberated, 357 — sent prisoner from Dumbarton to Stirling, iii. 4, 160, 161, 162, 172 — hi3 alleged connection with the Rye house plot, iv. 224, 225 — prosecuted for treason, 226 — denounced a rebel, and his estate forfeited, 227 — his character, ib. — wliat of his trial remains on the registers, 231, 276 — ordered to attack Kirkwall, reward offered for bis apprehen¬ sion, 312— sheltered till his escape to Holland, ib. — in¬ formation respecting his concealment, under the church of Polwarth when he escaped from the per¬ secution of the duke of York, 505. Humphrey, John, his apprehension, and instant murder, iv. 252. Hunter, Alexander, his estate forfeited, iii. 181. Hunter, Robert, informer against William Brisbane, iv. 44. Hunter, Robert, executed, iv. 177. Huntley, marquis of, afterwards duke of Gordon, order¬ ed to be educated in archbishop Sharp’s family, i. 432, 433 — refuses the test, iii. 301, 313. Hutchison, George, addresses the council when in¬ dulged, for those who were indulged at same time, ii. 133 — sent for to Edinburgh to join the conference on the accommodation, 178— is deputed to Edinburgh to refuse the accommodation, 181 — 216, 222 — his death and character, 278 n. Hutchison, John, sentenced in absence, iv. 71. Hutchison, Robert, ejected and fined, iii. 270. I & J. Jackson, George, processed, iv. 166 — his examination, ib. 167 — executed, 167. Jackson, James, his sufferings from the highland host, ii. 430. Jackson, Thomas, of Eastwood parish, his case a speci¬ men of the oppression at Glasgow in 1685, iv. 254 — his apprehension, banishment, and escape to his native country, ib. — his re-apprehension and treat¬ ment by the military, ib. — his long imprisonment banishment, and death, 255. Jackson, William, indicted, iv. 219 — delivered for trans¬ portation, 222 — a criminal process affecting his life dropped, 235. Jacobites, their impudence, iv. 247 — and designs, 429 — and principles, 468. Jaffray, provost, imprisoned, i. 75. Jaffray, curate, brings a false accusation against his parishioners, to the committee of council at Ayr, ii. 162 — is deposed from his office by bishop Leighton, 177. James VII. of Scotland, and II. of England, his opinion of the presbyterian kirk, i. Ixxiv. — his first declaration to his privy council, iv. 201 — remarks on it, ib. — its ef¬ fect on the French court, 201 — unfair dealing with the coronation oath, ib. — copy of a letter from the secre¬ taries to the council in Scotland, 201, n. — and of the proclamation, ib. — conduct of the authorities in Scot¬ land on his accession, 201, 202— his own measures, 224 — state of the persecution in his reign and in that of his brother compared, 238 — reason for restraining the persecution, ib.— summary executions in the fields, 239 548 INDEX. — reception of the king’s speech to the Scotish parlia¬ ment, 259 — copy of it, ib. — review of it, 260, 261 — his unlimited way of speaking, 261 — proclamation against traitors and fugitives, 311, n. — letter anent Charles and John Campbell, 320 — letter upon the application of certain funds, 312 — two letters commanding the infraction of certain rights of the corporations of Ed¬ inburgh, 343 — letter of reproof to the privy council, 314 — letter enjoining certain cases of dispensation with the test, 317 — declaration of the English judges re¬ garding his powers, 388 — his letter to the Scotish coun¬ cil in favour of papists, 389 — comment on it, 390 — let¬ ter to the archbishops, 399 — by his own proclamation, rescinds the penal statutes, 416 — his letter introducing it to the council, 417 — council’s answer, 422 — noble conduct of the duke of Hamilton, and earls Panmure and Dundonald, 423 — king’s reply to the council, ib. — his second toleration, 424 — declaration for liberty of conscience in England, ib. — third toleration, 426, n. — second declaration for liberty of conscience in England, 438 — the fourth toleration, 440— declaration promising a meeting of parliament in England, &c. 464 — an in¬ demnity to political delinquents in that kingdom, ib. — the king emits a proclamation anent the invasion by the prince of Orange, 464 — the Scotish council’s loyal address and answer, 465 — the king restores the powers of corporations, 468 — his letter against publishing the prince’s and states’ declarations, 469 — the retiring of the king, 470 — his character and designs, iv. 495 — 498. Jamison, Alexander, his apprehension and being spared, iv. 252. Jamison, Alexander, his death and character, ii. 318. Jamison, David, one of the sweet singers, iii. 349 — See Gib, John. Jamison, Edward, ii. 129 — intercommuned, 325. Jamieson, John, his apprehension and instant murder, iv. 252. Janie, Edward, his case, iv. 214 Jeffreys, judge, council’s thanks to him, iv. 36. Jesuits, whether any preached at field conventicles, iii. 150. Inchbelly bridge, account of the rescue there, 484. Indemnity for Scotland delayed, i. 89 — at length granted, 270, 271 — exceptions in it, 271 — to those concerned in the rising at Pentland, ii. 92, n. — council’s act anent it, 93, n. — number of those who have and who have not accepted it, 106, 107 — proclamation against those who had not accepted it, 108, 109, n. — in 1674 publish¬ ed, 266, 267, n. — for Bothwell enlarged, iii. 189 — in¬ structions for applying his majesty’s, iv. 158 — given as a specimen of the policy of James VII. on his ac¬ cession, 204 — remarks on it, 205 — it is to be offered to the prisoners of Stirling, Glasgow, and Ayr, 216. Indulged, list of the, in 1669 and 1670, ii. 132 — 134 — council’s act upon their nominations, 132 — all persons named, accept, 135 — their labours successful, ib. — council’s act about their stipends, 147 — complaints against them for lecturing, 148, 184— council’s act discharging it, ib.— committee of council’s procedure with them at Glasgow and Ayr, 149 — act confining them to their parishes, 183 — this act dispensed with in the case of a few, ib. — put to trouble in getting their stipends, 184 — king’s letter concerning them, 214 — have little stipend paid them, 295 — council’s act for their warrants to uplift their stipend, ib. 296 — J brought to trouble for not paying the bursar and clerk of the diocesan synod, 297 — proclamation respect¬ ing them, 320 — proclamation about them, 336 — Thomas Wylie’s representation regarding this act of council, ! 336—340 — their supplication against payiug the dues of the clerk and bursar to the diocesan synod, 340 — many of them cited before the council, 348 — separa¬ tion from them begins to be preached, iii. 23 — to be processed for admitting vagrant preachers into their pulpits, 39 — council’s procedure against several of them in 1684, iv. 37— 39— all of them ordered to be ejected, 40 — many of them imprisoned, ib. 41 — proce¬ dure of the council anent them, 340. Indulgence, reasons assigned for presbyterians not hav¬ ing accepted it, i. lxviii — lxx — Mr Wylie’s thoughts on it, lxxvii, lxxviii — king’s letter containing the first, ii. 130, 131 — the prelates are dissatisfied with it, 131 — is referred to a committee of council, ib. — prelates meet to stop it, ib. — its effects, 134 — different senti¬ ments regarding it, 135 — bishops endeavour to mar it, 147 — three acts regarding the second indulgence, 203 — 206 — this form of it not satisfying to the presbyte¬ rians, 206 — grievances of it, 207 — 209, n. — debates about it, 209 — arguments for and against it, 210 — heats and rents in 1678 about it and hearing the in¬ dulged, 496 — account of the occasions and rise of these divisions, ib. — 500 — an ineffectual meeting at Edin¬ burgh to prevent these divisions, 500 — account of the meeting in the west for the same design, ib. 501— di¬ visions among the persecuted regarding it, iii. 23 — the third, obtained by the influence of Monmouth, 149 — proclamation containing it, ib. — letter from the king enlarging it, 151, 152 — the managers ill pleased with it, send back for an explanation, 152 — curtailed upon Monmouth’s losing favour at court, 154 — form of the license granted to ministers who are allowed to preach, 155 — tenor of the bond given for them, ib. — list of parishes which granted the bond, 156 — king’s letter overturning it, 185, 188. Indulgence, English, ii. 202. n. Inglis, Arthur, killed after the battle of Bothwell bridge though innocent, iii. 108, 109. Inglis, capt. harasses the country after Ayrsmoss, iii. 224 — his further oppressions, 387 — 389. Inglis, John, fined for a conventicle, ii. 235. Inglis, John, council’s treatment of liim, iii. 4. Inglis, Isobel, strangled and burned for a witch, ii. 317. Inglis, Peter, his character and atrocity, iii. 244. Inglis, William, banished for nonconformity, 496. Ingliston, lady, her hardships, iv. 337. Ingram, Thomas, a witness against Campbell of Ces- nock, iv. 89, 90. Innerkeithing, magistrates of, fined, iii. 196 — instances of persecution there, 390. Inspectors sent to dissolve suspected synods, i. 123. Intercommuning , Sir Walter Scott’s remarks on the system of, i. Ixxvi. Johnston, George, imprisoned, ii. 152 — holds conventi¬ cles, 234, 235, 237 — intercommuned, 286— exerts him¬ self to prevent divisions, iii. 23. Johnston, Sir James, of Westerraw, his powers, iv. 207 —his bitter persecutions, 219— his character, and his overruling the comparative leniency of Claverhouse, 250 — his conduct towards James Forsyth, 321. Johnston, James, tried and executed at Glasgow, iv. 63, 64 Johnston, major, is threatened and beaten for his ac¬ tivity in persecuting, iii. 30, 31— proclamation there¬ upon, 31, n. — account of this matter as laid before the council, 32 — true state of this attempt, ib. Johnston, Mrs Margaret, imprisoned and banished from Edinburgh for being concerned in presenting a peti¬ tion to the council, ii. 269. Johnston, Patrick, assists in rescuing James KirktoD, for INDEX. 549 which he is heavily fined by the committee of public affairs, ii. 327, 328. Johnston, William, the circuit court’s severity to him, iii. 483, 484. Johnston , William, great cruelty exercised towards lii3 servant maid, iv. 182. Johnston, William, his character, self-conviction, and change of mind, iv. 252 — his subsequent hardships, apprehension, and execution, ib. Ireland, act discharging persons coming from, without passes, i. 108 — supposed reason of this act, ib. — list of presbyterian ministers who were ejected in the north of Ireland, 324, 325, n. — act against people coming out of it, with remarks, 342 — 344. Irongray, resistance made there to the introduction of a curate, i. 363 — commission appointed by council, to inquire into the tumult there, 364 — remarks on their appointment, 365 — report of the commissioners regard¬ ing the disturbance, 367— the council’s determination on the affair, 367, 368— the heritors there prosecuted for an abuse committed on their minister, iv. 206. Irvine, Alexander, assists in persecuting, iii. 390. Irvine, burgh of, council’s act in consequence of several of the magistrates of, refusing the declaration, i. 396 — whole town denounced, ii. 410— appointed to find ma¬ gistrates who sign the bond or lose their privileges, 411. Irvine, Francis, intercommuned, ii. 325 — taken at a conventicle and imprisoned in the Bass, iii. 61. Irvine, James, of Bonshavv, apprehends Donald Cargill, iii. 279, n. Irvine, John, curate at Kilmalcorn, his parishioners fined and others brought to trouble for an alleged at¬ tack upon him, ii. 163 — is removed to another parish, 176. Judges appointed in Scotland, i. 61. Jus populi vindicatuw , council’s act about it, ii. 190. Justiciary commissioners, letter about them, iii. 184, 185, n. K Kaipo, Mungo, executed for being concerned in the Pentland rising, ii. 53. Kailloch, lady, her sufferings, iii. 441, 442. Kaitloch, - , laird of, sheltered by lady Eleanor Dunbar, iv. 312 — his lady’s death, 338. Katharine, princess of Portugal, articles of her marriage with the king, i. 319. Keagow, William, executed, iv. 177. Keir, Patrick, his examination before the council, iii. 129, n. Kello, Mrs, severely treated by the council, ii. 118. Keltie, Thomas, fined, ii. 192. Kembachie, laird of, his case, iii. 414. Kennedy, Sir Andrew, of Clowburn, sentence of justi¬ ciary against him, ii. 225, 226. Kennedy , Andrew, of Clowburn, fined, iii. 10, 58 — fined, ! iv. 136, 147— his treatment by the council, iv. 211. Kennedy, John, fined, iii. 194. Kennedy, Robert, processed criminally, iii. 413. Kennedy, Thomas, heavily fined, iv. 52. Kennel, lady, brought to trouble and denounced, ii. 323. Kennoch, James, betrayed in a cave and shot, iv. 243. Kennoway, Thomas, his severities in the parish of Liv¬ ingstone, iii. 243, 244 — his oppression in Calder, iv. 51 — murdered at Swine-abbey, 153— his severities and oppressions, 152, 153 — his widow recommended to the treasury for charity, 153 Ker, colonel Gilbert, allowed by the king to come home to Scotland, ii. 186 — fined for a conventicle, ii. 326. Ker, - , of Clierrytrees, fined, iii. 179. Ker, James, processed for a conventicle, iii. 195 — is libe¬ rated, 196. Ker, John, condemned and executed, iv. 58. Kerr, Robert, of Kersland, his estate forfeited for de signing to join colonel Wallace, ii. 28, 29, 73 — process against him, 72 — 75, n, — his estate given to general Drummond, 76 — prisoner in Dumbarton, his place of confinement changed, 187 — upon his unjust forfeit¬ ure after Pentland, retires to Holland, and is seized at Edinburgh on his return, upon information by Can¬ non of Mardrogat, 330 — is brought before the coun¬ cil, examined, and imprisoned, ib. — after eight years’ close imprisonment, is liberated upon condition of his confining himself w'ithin five miles of his own house, 331 — on the way home he is seized at Glasgow by orders of the archbishop, ib. — upon a fire breaking out there, he gets his liberty, and after some stay' in Scotland, returns to Holland, where he dies, ib. — further account of himself and family, 322, n. — con¬ fined to Irvine and liberated, 361. Ker, Walter, one of the sweet singers, iii. 349. See Gib, John. Ker, William, his sufferings from the Highland host, ii. 430. Kettle, church of, a paper affixed on, iii. 348. Key, John, his sufferings, iii. 406. Kid, John, taken piisouer at Bothwell, iii. 132 — exa¬ mined before the council, tortured and indicted, 133 — his petition to the lords of justiciary, 133, 134 — his confessions, upon which he is condemned, 135 — is hanged, and his head and hands cut off, and affixed to the Ne.therbow-port of Edinburgh, 136. Kilmarnock, oppression there, ii. 121 — ravages of the Highland host, there, 429. Kilsyth, viscount of, refuses the bond, ii. 400. Kincaid, Robert, curate, removed to make way for an indulged minister, ii. 232. Kincardine, earl of, opposes the accommodation when proposed, i. lxxii. — commands a troop of horse, ii. 13 — one of a committee to try for conventicles, 234 — turned out of the council for speaking in favour of Jerviswood, 329. King's Host, proclamation for attending it, iii. 74 — 75, n. thi3 proclamation cause of grievous fining afterwards, 75 — letter of advice to a friend, giving obedience to this proclamation, 76—82. See Host, king’s. King, John, brought prisoner to Edinburgh, ii. 270 — res¬ cued from a party of soldiers, ii. 280 — intercommuned, 286 — seized by Claverhouse at Hamilton, and carried prisoner to Drumclog, where he is released by Cla- verhouse’s defeat, iii. 69, 70— taken prisoner after Bothwell, and carried to Edinburgh, iii. 132 — exa¬ mined before the council, and indicted, 133 — his petition to the lords of justiciary, 133 — his confessiou, upon which he is condemned, 134, 135 — is hanged, and his head and hands cut off, and affixed to the Nether- bow-port of Edinburgh, 136. King, Robert, great severity exercised towards him, iv. ]90 — his wife’s firmness, ib. — his treatment by the commissioners at Paisley, 191. Kinkell, lady, fined, iii. 361. Kinnier, Alexander, ii. 163. Kinnier, Andrew, fined, iii. 39. Kinnier, - , iv. 163. Kirkaldie, magistrates of, their report about Mr Rule 55 0 I N D E X. tn the council, i. 90S — receive orders about siguing the 1 declaration, ib. Kirkaldy, Sir John, of Grange, fined for conventicles, ii. 258, 243 — intercommuned, 286. Kirkcudbright, presbytery of, commission two of their number to give testimony against the encroachments on the church, i. 251 — their supplication to the council. 252 — observations on its refusal, 253 — rude draft of their address to parliament, ib- n. — resistance made to the curate there, i. 364 — commission appointed by the council to enquire into the tumult there, ib. — remarks on their appointment, 365 — report of the commission¬ ers regarding the disturbance, 365, 566— the council’s determination on the affair, 367, 368 — the rioters’ treatment while prisoners in Edinburgh, 380 — ad¬ dress from the heritors and stewartry of, offering 20 months’ cess, and becoming bound for their tenants and servants, iv. 121, 122 — curate of, his share in the severities exercised there, iv. 169. Kirkintilloch, conventicles there, ii. 150. Kirkhouse , lord, iii. 334. Kirkland, Sarah, her apprehension, escape, and subse¬ quent circumstances, iii. 255. Kirko, James, of Sunday-well, his sufferings, i. 203 — ii. 78. Kirko, James, his circumstances, iv. 250 — how betrayed, ib. — his subsequent behaviour, and military execution, 251. Kirk-sessions, proclamation concerning, iv. 178. Kirkton's History, published with a view to bring dis¬ credit on Wodrow and the presbyterians, i. Iv. — ex¬ tracts from it, 62—64, n. 130, 131, 215, n. 225, n. 238, n. 340, n. 373, n. 417, n. Kirkton, James, intercommuned, ii. 325 — is trepanned by captain Carstairs to his chamber, 327 — what passed there, ib. — is rescued by Bailie of Jerviswood, and two others, ib. — upon information from Carstairs, lord Haltoun calls a council, represents this as a riot, and fines the three who rescued him, 328 — his information on this matter sent to the council to he matter of libel against him, 329. Knox, John, imprisoned, iv. 38 — king’s letter to him, 30 — severities towards him, 2,14. Kyan, Edward , his barbarous murder, iv. 211. Kyle, William, taken prisoner, iii. 17. L Jagg, Sir Robert Grierson, laird of, his blood-thirsti¬ ness, 210 — he murders Mr Bell of Whiteside, and four other men after granting them quarter, and permits not their bodies to be buried, 242— how this was re¬ sented by viscount Kenmuir, ib.— a curious indictment issued by him, 218— another instance of his blood¬ thirstiness, 252— his success in Galloway, 258. See Grierson, Robert. “T.aing, William, fined for conventicles, ii. 482. Lanark, insurgent army when largest renew the cove¬ nant there, ii. 25 — society people’s declaration at, iii. 362— proceeding of council thereupon, 369— the magis¬ trates ordered to be prosecuted, for the escape of pris¬ oners, iv. 211. Landass, Robert, imprisoned, ii. 153. Langlands, Robert, iii. 455. Lapsley, George, his examination before the council, iii. 473. Lapsley, George, is criminally processed, iii. 285— is con. demned and executed, 286, 287. Lauchlan, Thomas, sentenced to be hanged, iii. 417. Lauderdale, duke of, appointed secretary of state for Scotland, i. 59 — letter from presbytery of Edinburgh to him, 83 — exerts himself against the introduction of Episcopacy into Scotland, 224 — foundation of the dis¬ cord between him and Middleton, ib. — his opinion as to limited episcopacy, ib. — Middleton attempts to put him out of places of trust by the Balloting act, 271 — brings a charge of high treason against Middleton, 346 — his patron at court, 347 — Sir George Mackenzie’s ac¬ count of the struggle for superiority between him and Middleton, 347, 348, n. — comes down to Scotland with commissioner Rothes, 349 — exerts himself in 1667, against the continuance of the standing army, ii. 81 — his speech before the Scotish parliament as king’s commissioner, 136 — he and his friends enjoy most of the best posts, 190 — is created a duke, 191 — voted to be a grievance to England, by the English house of com¬ mons, 228 — is commissioner to the parliament in Scot land, ib. — remarks upon this juncture by the author of Grievances under his ministry, ib. — after the adjourn¬ ment of parliament goes up to London, where com¬ plaints are lodged against him by duke of Hamilton, 267 — moves the Test Bill in England, 298 — Dr Burnet’s examination and declaration regarding him before the English house of commons, ih. n. — address of the com¬ mons against him, 299 n. — the king’s reply, ib. — he continues iu favour, ib. 300 — debate before the king between him and duke of Hamilton, 342 — his lady’s daughter married to lord Lorn, 318 — presbyterian min¬ isters apply unsuccessfully to him, 349 — wishes to grant an indulgence to presbyterians in 1677, but is opposed by bishops, 370 — his character, 375 n. — instances of his violent conduct, 388 — council’s letter to him giving an account of the skirmish at Drumclog, iii. 82 n. — letter to him desiring forces from England, 34 — letters to and from the council about the same time, 85 — 87 — council’s letter to him after the battle of Bothwell bridge, 114, n. — the English parliament present an address to the king against him, 158 — several of the Scotish nobility complain to the king against him, ib. — instances of his oppression, 159 — 163 — his letter to the council regard¬ ing this complaint, 165, 166 — conference before the king to examine into the complaints against him, 168, 169 — the king’s letters to the council, lords of session, and lords of justiciary upon this conference, 170, 171 — his papers sealed by the council at his death, iv. 177. Lauder, Lewis, orders Shirinlaw to be shot without pro¬ cess, iv. 172 — orders three others to be shot in the same day, but his men refuse, ib. Law, John, brought prisoner to Edinburgh, ii. 270 — denounced, 336 — a dwelling house and meeting house built for him, 418 — taken prisoner, and great cruelty exercised towards him, iii. 17 — dismissed upon cau¬ tion, 58. Law, Robert, his memorials published with a view to bring discredit on Wodrow and the presbyterians, i. iv. Law, Robert, brought prisoner to Edinburgh, ii. 270. I.awborrows, see Test. Lawinont, laird of, craves warrant to cite the marquis of Argyle before the parliament, i. 132. I. awrie, James, gets a remission, iii. 452. J. awrie, Robert, tries to blacken the character of those who were execut 'd for the Pentland rising, ii. 61, 62 — turns episcopaiian, and dies soon under remorse, 298, 299. Lesley, Dr James, principal of Marischal college, Aber- INDE X. deen, deprived for reflecting in a letter on the council and Lauderdale, ii. 495, 496. Lawrie, William, of Blackwood, makes proposals to the insurgents at Lanark, ii. £6 — makes proposals twice afterwards, 29 — some favour shown to him, 88 — act of council about him, iii. 449, 450 — his indictment before the justiciary, 450 — pleadings of the lawyers, ib. 451 — is brought in guilty, and sentenced to be hanged, 451, 452 — is reprieved, and gets a remission, 452. Laicson, James, a boy of 14 years of age, imprisoned for conventicles, iii. 4. League and Covenant, act concerning it, i. 95, n. — burned at London by the hangman, 243 — remarks upon it, 269, 270, n. — reflections on the treatment of it in Linlith¬ gow, on the anniversary of the restoration, 321. Learmont, James, taken at a conventicle opposite the Bass, and tried, ii. 477 — his indictment, ib. — bis defence, ib. 478 — sentenced, and executed, 479, 480. Learmont, major Joseph, commands part of the horse at Pentland, ii. 31 — forfeited in life and fortune, 70 — pro¬ cess against him, 70 — 73, n. — condemned to be exe¬ cuted, but reprieved, iii. 410. Leckie, quarter-master, ii. 430. Leick, William , fined for a conventicle, ii. 151. Leighton, Alexander, cited before the Star Chamber, and severely punished, for writing against prelacy, i. 237. n. Leighton, Robert, archbishop, was a Calvinist, i. lvi. — entertained the notion that real piety might flourish under any form of ecclesiastical regime, lviii. — not naturally fitted for the trials of reformation, lix. — his share and intention in proposing the ind ulgence, lxix. — one of the originators of the scheme of accommodation, lxxii. — soon appointed bishop of Dumblane, i. 238 — his character, ib. — consecrated in London, 239 — sent to persuade some ministers to take the oath of allegiance, 296 — appointed commendator of Glasgow, ii. 144 — his character, 175, 176 — he appoints a committee to receive complaints against unworthy ministers, 176 — council appoints assistants to them, ib. — many discouraged in their complaints to his committee, ib. — proposes the accommodation, ii. 177 — causes several of the indulged clergy to be sent for to Edinburgh for that purpose, 178 — substance of his proposal, ib — reasons offered against it by the indulged and not indulged clergy, ib. 179 — he presses a meeting with the presbyterian clergy, which is agreed to at Paisley, 180 — he harangues them there, ib. — substance of his proposal there, ib. 181, n. — a coun¬ ter proposal made to his, ib. 182, n. — is refused by the presbyterians, 181, 182 — leaves his situation of arch¬ bishop, ii. 272 — anecdote of him from “ Owain Goth,” 271, 272, n. — period of his death, 272, n, Lennox, Alexander, intercommuned, ii. 325. Lennox, Robert, his sufferings after the Pentland rising, ii. 80. Lennox, - , iii. 191. Lennox, Robert, his apprehension, and military execu¬ tion, iv. 242. Lennox, Thomas, ii. 52, 53 — his sufferings after the Pent¬ land rising, 80. Lent, act of privy council for keeping it, i. 318, 319 — re¬ marks on this act, 319, n. Lex Rex, written by Samuel Rutherford, proclamation against it, i. 75, n. — burned by the hangman at Edin¬ burgh, 81 — the principles of it those wh'ch lie at the foundation of the British constitution, i. lxvii. Liberty, civil and religious, go hand in hand, i. lviii. Lidderdale, Thomas, of Isle, commission granted to him, 551 iii. 6, iv. 6— his severity in courts held by him, 169— his violent persecutions, iii. 495. Life-guard, king's, their appointment, i. 243. Liteburn , James, his examination before the council, iii. 128. Lillies-leaf muir, account of a conventicle there, ii. 213. Lin, William, fined for conventicles, iii. 262. Lindsay, Sir David, of the Mount, iii. 48. Lindsay , John, condemned to be executed for being pre¬ sent at Pentland, but execution delayed, ii. 50. Linlithgow, account of the solemnities of the celebration of the anniversary of the Restoration there in 1662, with remarks, i. 320, 321— encroachments on the pri¬ vileges of the burgh, iii. 431. Linlithgow , earl of, letters to and from him after Drum- clog, as commander of the king’s forces, iii. 83, 84— his account of the state of the army upon Monmouth’s arrival, 99, 100, n. — goes to court to endeavour to pre¬ vent favour being shown to presbyterians, 172, 345, 381 — made justice general, iv. 29. Linlithgow, John, iii. 406. Linlithgowshire, list of heritors processed there, iii. 407 Linning, Elizabeth, her harsh treatment, iv. 11. Linning, John, his sufferings, iv. 56. Liston, Patrick , and son William, forfeited for being at Pentland, ii. 70— process against them, 70—73, n. Livingseat, conventicle there, ii. 159. Livingstone, instructions to the forces sent there after the murder at Swine-abbey, iv. 156 — their procedure there, 157. I-ivingstone, - , of Greenyards, denounced, ii. 243. Livingstone, Alexander, cited before the council, i. 371 — their procedure with him, 372. Livingstone, James, fined, iii. 194. Livingstone, lord, begins the attack upon the risers at Bothwell bridge, iii. 106. Livingstone, John, cited before the council, i. 309— re¬ markable conversion attending his preaching at kirk of Shotts, and at Hollywood, ib. — tenders the covenant to the king, ib.— asserts the king’s title before Crom¬ well, ib. — his last communion at Ancrum, 310 — though not apprehended, appears before the council, ib. — bis examination before the council, ib. — is required to take the oath of allegiance, 311 — the council’s sentence against him, 312 — he subscribes his acquiescence to his sentence, ib.— he petitions the council, ib.— copy of bis sentence refused him, 313— goes to Holland, ib.— trans¬ lates the Old Testament into Latin, ib.— bis letter to bis flock, ib. n. Livingstone, Mrs, presents a petition to council, ii. 269. Livingstone parish, cruelties exercised there, iv. 257 — conduct of the curate, ib.— that of the Highland mili¬ tary, ib. — instance of the cruelty and treachery of the curate, ib. Livingstone, William, ii. 196 — imprisoned, but soon liber¬ ated, iii. 402. Lochear, laird of, cruelties exercised upon him, iv. 173, 174. Lochwinnoch, harsh treatment of some heritors there, iv. 135, 136. Lockhart, Sir George, ii. 449, iii. 255, 320, his plea for the earl of Argyle, 323, n. 326, 337. Lockhart, Robert, intercommuned, ii. 325. Lockhart, Robert, of Bankhead, sentenced to be ex¬ ecuted, iii. 490. Lockhard, Sir James, of Lee, exerts himself against archbishop Fairfoul’s proposal to the commission, re¬ garding the collation and admission of presbyterian clergymen, i. 282. 552 I N D E X, Lockhart, Walter, of Kirktoo, tiis trial for treason, iv. 231. Lockhart, William, of Wickctshaw, with some Carluke men, marches to join the insurgents in Galloway, i. 22. Logan, Robert, his circumstances, seizure, and subse¬ quent treatment, iv. 255. London, state of the dissenters there during 1083 and 1684, iv. 322. Lorimer, George, imprisoned, but escapes, iv. 174. Lorn, lord. See Argyle. Lothian, synod of, meet, and reply to the king’s letter i. 85, 86 — are harshly treated by the commissioner and par liament, 126, 127 — are forced to suspend some of their brethren, yet are dissolved, 129. Loudon, John, earl of, his death in some measure owing to grief at the introduction of prelacy in Scotland, i. 287, 288. Loudon, James, earl of, signs a letter of the heritors of Ayrshire refusing the bond, ii. 368 — his character and family, ib. and n. — denounced, 410 — procedure against him, iv. 93 — indicted and put to the horn, 94 — his trial for treason, 231. Louis XIV. comparison of his measures and those of James VII. iv. 348, 349 — revokes the edict of Nantz, 349. Love, William, iv. 187. Lowdon hill, two soldiers murdered near, iii. 36 — cir¬ cumstances of the murder, 36, 37 — supposed to have been committed by one Scarlet, a tinker, 37 — applica¬ tion of heritors of Ayrshire to the council on this inci¬ dent, 38. Lucas, lord, his death, iv. 199. Luke, John, his case, iii. 489. Luke, Ogle, iii. 338. Lumsden, Andrew, processed for speaking against the test and forced to take it, iii. 303, S04. Lyon, John, curate of Orr, his house plundered, iv. 146. M Macaulay, James, apprehended and sent to the Bass, iii. 17. Macdonald, lord, earl of Argyle sent to repress his re¬ bellious practices, iii. 61 — he and others petition the council, 88. Maejarrow, James, fined for employing a person who had been at Bothwell bridge, iii. 121. Mackay, William , preacher, orders regarding him, iv. 193. M'Kenzie, Sir George, advocate, writes a vindication of the reign of the Stuarts, i. xi, xii — attempts to black¬ en the presbyterian interest in Scotland, lxi — re¬ marks on, and extracts from his history of Scotland, i. Iv, 148, n. 173, n. 205, n. — ii. 244 — advocate at the trial of capt. Aruot and others, 39 — sketch of his life and character, 350, n. — sent to London to oppose the duke of Hamilton and his party, 451, 452,458 — made privy counsellor, ii. 503 — made justice.general, 504 — removed from his situation as advocate to make way for Sir John Dalrymple, iv. 401 — recovers his situa¬ tion, 438. Mackenzie, Kenneth, of Siddy, his commission, iii. 381, 427 — his conduct and death, iv. 196. Mackenzie, Murdoch, appointed bishop of Moray, i. 237 — his character, ib. Macklewrailh, Hugh, condemned to be executed, but reprieved, iii. 410. Maclean, Archibald, taken prisoner, iii. 17. Maclymont, Gavin, iv. 174. Macmichan, James, shot in the fields, iv. 177 — his body lifted after burial, and hanged on a tree, ib. Main, John, tried and executed at Glasgow, iv. 63, 64. Maitland, capt. his instructions upon a riot in Drone, iii. 375. Maitland, Richard, made privy counsellor, ii. 503. Maitland, William, ii. 181, 214. Malcom, Alexander, appointed sheri ff-depute of Fife, iii. 301. Malcom, John, taken prisoner at Ayrs-moss, iii. 221 — executed, 223. Mar, earl of, his instructions from the council, ii. 366 — iv. 214. Marshall, Edward, forfeited, iv. 235 — sentence for exe¬ cution, ib. — his speech and execution, ib. Marshall, George, fined for conventicles, iii. 5. Martin, David, barbarous usage of him, iv. 241 — effects of it on him, ib. Martin, George, condemned and executed, iv. 57, 58. Martin, James, of Dularg, severities exercised towards him occasion his death, iv. 169. Marlin, John, indicted for being at Bothwell, iv. 235. Martin, Robert, his alleged connexion with the Rye- house plot, iv. 224, 225 — his citation and forfeiture by the justiciary, 230— before parliament, 231, 276. Martin, William, son of James, when accused of trea¬ son renounces his heritage and i3 set at liberty, iii. 449 — his sufferings, iv. 125. Mather, Dr Cotton, of Boston, N. E. letter from Wod- row to him, i. xxiv, xxv. Mather, David, banished, ii. 158. Mather, Increase, minister of Boston, N. E. l<*tter from Wodrow to him, i. xxv. Mover, Mark, his fine and banishment, iv. 193. Maxwell , - of Blackston, designed to join colonei Wallace, but afterwards accuses his neighbours, ii. 28, 29 — is liberated from prison, 99. Maxwell, Charles, his sufferings, iv. 124. Maxwell, Gabriel, forfeited, it 73, 196. Maxwell, Sir George, of Newark, amount of his fines, ii. 226. Maxwell, Sir George, of Nether Pollock, is imprisoned, ii. 119 — some favour shown him, 142 — fined, 227 — pro. cess against him referred to the commission for public affairs, 324. Maxwell , Hugh, fined, iv. 120. Maxwell, James, of Williarawood, forfeited in life and fortune, 485 — detail of his sufferings, ib. 487. Maxwell, Sir John, of Nether Pollock, iv. 136 — cited and imprisoned, 141 — decreet against him, 141, 142 — his treatment by the privy council, 212. Maxwell, John, younger of Bogton, forfeited in life and fortune, iii. 485. Maxicell, John, of Dargavel, amount of his fines, ii. 22 i — heavily fined, iv. 47. Maxwell, John, of Overmains, principal informer against the laird of Duchal, iv. 141. Maxwell, lord, a papist, commission given him to ap¬ prehend presbyterian ministers, ii. 361. Maxwell, of Monreif, forfeited, ii. 73 — process against him, 73 — 75— his narrow escape, 116. Maxwell, Robert, suspended and deposed, i. 410 — elder and younger intercommuned, ii. 286. Maxwell, Zacharias, of Blawerthill, iv. 136 — cited and imprisoned, 141 — decreet against him, 142, 143. Maxwelton, laird of, his cruelty, iv. 242. INDEX. 553 M'Adam, Gilbert, ii. 142 — his apprehension, trial, ban¬ ishment, return, and murder, iv. 329. M'Aulay, Alexander, surprised at prayer, and shot, iv. 239. M'Bryar, David, remarkable judgment on him, ii. 105. M' Cartney , George , of Blacket, brought to much trouble, ii. 180 — his father’s sufferings and his own after Pentland, though not there, ib. — is imprisoned for six years, 187 — seizure of his estates and losses afterwards, ib. — brought prisoner to Edinburgh, 270 — liberated on bond, 496. M' Cartney, George, executed for being concerned in the Pentland rising, ii. 53. iPClellan, James, his severe sufferings after Pentland, ii. 78, 79. M‘ Clude, John, surprised at prayer, and shot, iv. 239. M' Condochy, laird, forfeited by parliament, i. 215. M‘ Cor mock, Andrew, moves in the name of many the dismissing the Galloway insurgent army, ii. 23 — killed at Pentland, 30. M'Coul, John, executed for being concerned in the Pentland rising, ii. 53. M'Crie, Dr, his account of the quarrels among the presbyterians previous to the battle of Bothwell bridge, i. Ixx — extract from his Vindication of the Covenanters, lxxvi, lxxvii. M'Cullvch, major John, process against him for being present at Pentland, ii. 39 — 48, n. — is executed, 48 — hardships he underwent before Pentland, and his family after it, 49. M'Dowal, William, of Garthland, tried and acquitted, ii. 496. M‘ Ewmont, William , banished for refusing the test, iii. 494. M'Ewen, Samuel , sentenced and executed, iv. 67, 68 — his testimony, 68 — his letter to a friend after sentence, ib. 69. M-Gachie, Arthur, his sufferings, ii. 51. M'George, William, his sufferings, iv. 124. M'Ghie, John, of Larg, his effects forfeited, iv. 231. M'Gill, David, his wife tortured for aiding his escape, ii. 64. M'Gill, John, horrid cruelties inflicted on him and his family, iv. 236. M'Gill, Robert, his examination before the council, iii. 129, n. M'Gilligen, John, of Alness, celebrates the sacrament of the Supper with much of the Divine presence, ii. 285 — narrowly escapes being taken, ib. — intercoramuned, 286 — taken and brought to Edinburgh, 333 — his suffer¬ ings since the restoration, ib.— -refuses a presentation, and is deposed by the bishop, ib. — seized by the earl of Seaforth’s orders and carried to Fortrose, 334 — his speech to the provost, ib. — is brought to Edinburgh and sent to the Bass, 335, 355 — confined to Isla, 356 — sent to the Bass, iii. 435— his treatment from the coun¬ cil, ib. — extracts from his diary, 436 — sickens in the Bass, 437 — is liberated, ib. M'Hassie, Thomas, his sudden and brutal murder, iv. 240. M‘ Hutchison, Hugh, his paper upon taking the bond, ii. 395, 396, n. M'llwraith, Gilbert, detail of his sufferings, ii. 313. M' Kail, Hugh, leaves the country on account of a ser¬ mon preached by him, i. 304r — tortured with the boots and executed for his concern in the Pentland rising, ii. 52, 53 — his behaviour and speech at the place of ex¬ ecution, 59, 59, n. M'Kail, Matthew, cited before the counci1, i. 371 — their procedure with him, 372— liberated from prison and confined to Carluke, ii. 248. M'Kechnie, John, dies of wounds received at Enterkin path, iv. 173. M‘ Lauchlan, or Lauchlison, Margaret, her circumstan¬ ces and character, iv. 248 — nature of her indictment, ib. — occasion of her apprehension, ib. — her subsequent treatment, ib. — her trial, ib. — circumstances of her barbarous execution, ib. — the records iu the council registers show that the barbarous sentence was exe¬ cuted without its authority, 219. M'Lave, James, his murder, iv. 240. M'Lellan, John , laird of Barscob, assists in seizing Sir James Turner, ii. 18 — is forfeited in life and fortune, 70, 196 — process against him, 70 — 73, n. M'Lellan, Robert, of Barscob, sentenced to die, but re¬ prieved, iii. 410. M' Lettand, Robert, of Barmagechan, his sufferings, iv. 334—336. M'Leod, Angus and Neil , denounced, i. 381. M'Leweyend, William, his sufferings after Bothwell bridge, iii. 121. M' Michael, Daniel, apprehended, iv. 239 — his treatment, ib. — deportment to the persecutors, ib. — behaviour at his execution, ib. M'Michael, James, his hand in the murder of curate Peirson, iv. 197. M'Michan, Gilbert , of Killentralzean, indicted before parliament, iv. 259. M' Michels, John, fined, ii. 221. M'Millan, Alexander, executed for being concerned in the Pentland rising, ii. 53. M'Millan, David, process against him, iii. 456 — is ex¬ ecuted, ib. — paper he left behind him, ib. 457. M'Millan, James, executed for being concerned in the Pentland rising, ii. 53. M'Millan, Robert, ii. 52, 53. M'Millan, William, of Caldour, a detail of bis sufferings from 1660 to 1681, iv. 122, 123 — with 80 other prisoners sent from Dumfries to Edinburgh, and are harshly treated, 123, 124 — sent prisoner to Dunnotter, 121- M'Millan, William, his case before the council, iv.2IG — his bail, 222 — is taken to Dunnotter, 322 — petition in his behalf, and its answer, 325. M'Naught, Patrick, forfeited, iv. 73 — process against him, ib. — lb, n. M'Quhan, Andrew, circnmstances of his wanton mur¬ der, iv. 251. M‘ Robert, Andrew, his apprehension, and sudden mili¬ tary execution, iv. 242. M‘ Robin, or M'Cubin, Alexander, his seizure and treat¬ ment by Lagg, iv. 240 — his sentiments before Ills exe¬ cution, ib. M'Vaird, Robert, heads of his sermon at Glasgow, which was the foundation of his prosecution, i. 206 — is brought under a guard to Edinburgh and indicted, 207 — his own account of his treatment and expectations, ib. — his speech before the parliament, 207 — 212 — the parliament delay coming to an issue, 213 — his suppli¬ cation to the parliament, ib. 214 — banished by the par¬ liament, 214 — goes to Holland where he continues till his death, ib. 306, n. 344 — his letter to one of the Cam- eronians, iii. 204 — letters from him to John Brown, iv. 498 — 500 — part of a letter of his occasioned by the death of John Brown, 500, 501. Meetings, diocesan, act of council concerning them, i. 280, n. — these meetings ill kept except in the north, ib. 4 A 554 INDEX Meetings, private, act of council about them, i. 3:19, 340 — remarks on it, ib.— another act of council against them, 400. Meggins, laird of, fined, ii. 199, 193. Meldrum, George, minister in Aberdeen, when cited be¬ fore the council, agrees to comply with prelacy, and is recommended to the primate, i. 315 — repents after¬ wards having complied, ib. — abstract of his own ac¬ count of this matter, 315, 310 — his character, 316, 317 — sketch of his life, 317— leaves his charge rather than take the test, iii. 310. Meldrum, George, his fine and sentence of banishment, iv. 193 — terms of his liberation from Blackness, 915. Melford, earl of, the laird of Duchal called his martyr, of whose estate he had got a promise before he was tried, iv. 140 — See Drummond, John, 180. Melville, George lord, refuses the bond, ii. 401 — pro¬ cedure against him, iv. 93 — indicted, and put to the horn, 94' — his alleged connection with the Rye house plot, 221 — his trial for treason, 231 — 277. Menzies, John, minister in Aberdeen, when cited be¬ fore the council, with George Meldrum, agrees to comply with prelacy and is recommended to the pri¬ mate, i. 315 — repents afterwards of his compliance, 316 Mr Meldrum’s account of the matter, ib. — writes against popery, ii. 188 — has some bitter reflection after taking the test, iii. 310, 311. Menzies, John, minister at Carlaverock, renounces pre¬ lacy, ii. 164 — his testimony against prelacy, ib. 165, n. — brought to trouble, 184. Menzies, John, process against him, iii. 452. Mercer, Janies, coufined, ii. 192. Mersington, lady, banished from Edinburgh for being concerned in presenting a petition to council, ii. 209. Middleton, earl of, his reflections on the king’s letter to presbytery of Edinburgh, i. 82 — letter from Messrs Dickson and Hutchison to, 86 — arrives in Scotland as king’s commissioner, 87 — his character, ib. — a tit instru¬ ment in overawing Scotland, 89 — sketch of his life, ib. his declaration about the national covenant, 108 — cause of his enmity against James Guthrie, 163 — foundation of the discord between him and the earl of Lauderdale, 224— is present at the consecration of the Scotish bish¬ ops, 255 — attempts to put the earl of Lauderdale and others out of places of public trust, 271 — list of fines im¬ posed by him in parliament, 271 — 279, n. — makes a tour to the west and south, 281 — design of this tour, 282 — returns to Edinburgh, 284 — goes to London and never returns, 287 — keeps up some orders from the king de¬ laying the execution of the fines leviable by the act of fines, 338 — his disgrace and cold reception at court, 346 — resigns all his offices, 347 — causes of his disgrace, ib. — his patrons, ib. — sent to Tangier where he dies, ib. 349. Mile act, Scotish, i. 340, 341, n. — remarks on it, 341, 342. Militia, remarks on act about, ii. 139 — king’s letter about modelling the, their instructions, division, and oath in 1678, ii. 493 — 495, n. — proclamation about the militia after Drumclog, iii. 73, 74, ti. — orders to the militia in different shires, 77, 78 — act for administering an oath to them, 85 — report about the model of them, 175, 176, n. — raised in the several shires on the invasion of the earl of Argyle and duke of Monmouth, iv. 255, 32] — copy of an order for joining, ib. — raised on the alarm of the invasion of the prince of Orange, 463 — some regulations of the militia, 466 — proclamation calling out the militia, 475. Millar, Christopher, tried and executed, iii. 277, £78. Millar, John, of Watershaugh, liberated under bond, iv. 41. Miller, Robert, his examination before the council, iii. 129, n. Millar, Robert, ii. 181. Millar, Robert, his trial for treason and execution, iv. 226. Miller, William, banished, ii. 109. Millar, - of Waseford, fined for being at a conventi¬ cle, ii. 110. Milroy, Gilbert and William, detail of their sufferings, iv. 185—187. Milroy, John, his apprehension and execution, iv. 252. Ministers, meeting of, at Edinburgh, i. 66, 67 — occasion of their meeting, 69 — their designed supplication, 68 — 71, re. — apprehended and imprisoned, 71 — act for se¬ curing them, ib. re. — present a supplication to the com. mittee of Estates, 72 — their proceedings during the parliament iu 1661, 110 — present overtures to the com¬ missioner, ib. — their efforts against the rescissory act, 1 12 — act concerning them, 279 — in west and south cited before the council, 371 — act respecting presentation of, 104 — some preach against the change in church, 109 — list of those who were ejected and who conform¬ ed in 1662, 324 — 329, re. — their character, 324,325— hard¬ ships in their ejection, 326, 327 — are punished without any process, 329 — those of the west and south chiefly affected by this ejection, 330 — censures upon their leaving their charges considered, ib. — act against giv¬ ing charity to them, 401 — are forbidden to live in burghs, 402 — the elder ministers gradually attacked, 403 — letter from some of them stirring up those of their persuasion to prayer, ii. 165—167, n. Minniman, Mrs, her sufferings, iii. 391. Mitchell, Andrew, his sufferings, iv. 171. Mitchel, David, appointed bishop of Aberdeen, i. 236 — his character, ib. — his death, 376. Mitchell, James, his character, ii. 115 — attempts to kill archbishop Sharp, but only wounds the bishop of Ork¬ ney, 116 — escapes, ib. — proclamation of council upon this attempt, ib. — the council’s account of the attempt, to the king, ib. — taken prisoner, 248— two letters of lord Haltoun’s giving an account of his examination, ib. 249 — his indictment, 249 — 252, re. — council’s act about him which was afterwards refused when plead¬ ed in his process, 249 — 252 — justiciary desert the diet against him, and he is sent to the Bass, 252 — re¬ marks on a scurrilous paper on his case, 454 — is put to the torture upon want of proof of his accession to Pentland, 455 — account of what passed at the commit¬ tee during his torture, 456 — 458 — remarks upon his torture, 458, 459 — vindicated in refusing to own judi¬ cially what he had owned upon a promise, 459 — is sent to the Bass, and processed criminally for his attempt on the bishops of St Andrews and Orkney, ib. — re¬ ceives his indictment, ib. — debates upon it, ib. — 168, n. — his own confession which was the great proof against him, 460, n. — the justice’s interlocutor, 460— 465 — the probation, 465 — 469 — Rothes’, Halton’s, Lau¬ derdale’s, and Sharp’s depositions, 469, 470 — verdict and sentence, 470, 471 — his own narration of his trial, written the morningbefore his death, 471, 472— is exe¬ cuted, 472 — his speech to the people at his execution, 472, 473 — Sir Walter Scott’s remarks on his case, i. lxxvi. Mitchell, John, cruelty exercised towards his wife, iii. 123. Mitchell, Robert, betrayed in a cave, and shot, iv. 213. INDEX. 555 Moncrief, Alexander, minister at Scoonie, his sufferings for his loyalty during the usurpation, i. 198 — presents the protestation and petition to general Monk, ib. — is seized and continues long under confinement, ib. — is indicted before the parliament, ib. — bis wife’s Christian resolution, ib.— many interpose for him, ib. — parlia¬ ment’s sentence against him, ib. — summary of his hard¬ ships and singular preservations, 199 — invited to Lon¬ donderry, but continues in Scotland till his death, ib. See 414. Monk, General, steps taken by him for the restoration of Charles II, i. 4 — secretly encouraged in that meas¬ ure by Robert Douglas, ib. — imprisons many of the Scotish nobility, 59, 60 — secures the army in Scotland for the English parliament, 60 — refuses to obey the orders of the English army, ib. — his speech to the Scotish commissioners, ib. — declared general by the English parliament and marches to London, ib. Monmouth, duke of, married to the countess of Buc- cleugh, i. 376 — cause of it, ib. n. — appointed general of the forces in Scotland, iii. 86 — reasons of this appoint¬ ment, 88 — arrives in Edinburgh, 99 — reaches the camp and advances slowly against the risers, 101 — his con¬ ference with two of their number, 106 — defeats them at Bothwell bridge, 106, 107— rejects the cruel pro, posals of some of his officers, 112— takes leave of the council, 117 — supplication to him of presbyterians not concerned in Bothwell, 147, 148, n. — exerts his in¬ fluence at court in their favour, 149, 151 — is turned out of his posts, 154 — causes of it, ib. — has still a little influence at court, 171, 172 — refuses the test, iii. 300 — council’s letter to the secretary on this, 301 — procla¬ mation against him after the discovery of the Rye- liouse plot, 499, 500 — refuses to sign a letter acknow¬ ledging his share in the plot, 505 — his invasion, iv. 341 — his prosecution and forfeiture, 354. Monry, Gilbert, fined by Sir William Bannantyne though innocent, ii. 65. Montgomery of Borland, iv. 126. Montgomei'y, David, of Langsliaw, his alleged connec¬ tion with the Ryehouse plot, iv. 224 — his citation and forfeiture, 230 — indictment before parliament for trea¬ son, 231 — his character, 232 — trial, 277. Montgomery, Ezekiel, imprisoned, iv. 3. Montgomery , major general , is liberated from prison, ii. 99. Montrose, marquis of, solemn interment of his bones, i. 242, 243. Montrose, marquis of, made captain of horse guards, ii. 504. Moody, David, persecuted, iii. 387. Moriston, lady, banished without any libel, 472, 473. Morton, Andrew, is taken prisoner andexamined before a committee of council, ii. 152 — the council’s sentence, ib. — intercommuned, 286 — fined in 30,000 merks, iii. 424. Morton, laird of, ii. 49. Mosman, James, fined for conventicles, ii. 482. Mosman, John, apprehended, iii. 26 — set at liberty, 151. Mossman, George, fined, ii. 122. Mowat, Hugh, his losses from the Highland host, ii. 429. Muir, Alexander, imprisoned and fined, iii. 494. Muir, Bessie, imprisoned for a conventicle, ii. 335. Muir, David, his sufferings from the Highland host, ii. 428, 429. Muir, George, his circumstances, seizure, and subse¬ quent treatment, iv. 255. Muir, Henry, by a bishop’s interposition escapes punish. ment for conventicles, ii. 473. Muir, James, condemned and executed, iv. 58. Muir, John, late provost of Ayr, his case, iv. 216. Muir, Margaret , lady Tealing, her case, and that of her son, iv. 213. Muir, William, of Caldwell, his estate forfeited for de¬ signing to join colonel Wallace, ii. 28, 29, 73— process against him, 73 — 75, n. — his estate given to general Dalziel, 75 — sufferings of his lady, iii. 439 — 441. Muir, William, of Glanderston, imprisoned, iii. 468 — his petition to the council, ib. 469 — act of justiciary about him, ib. Muir, Sir William, of Rowallan, his case, ii. 145. Muir, Sir William, of Rowallan, younger, commission given to him by the session of Fenwick to bear down vice, ii. 278. Muirdykes, a scuffle there, iv. 295. Muirhead, James, of Bradisholm, process against him, iii. 487, 488— detail of his sufferings, 488, 489 — fined, iv. 136, 147, 213. Muirhead, James, dies through ill usage, iv. 124. Muirhead, James, executed for being concerned in the Pentland rising, ii. 53. Muirhead, John, indicted, iii. 219 — delivered for trans¬ portation, 222 — a criminal process against his life drop¬ ped, 235. Muirhead, William, forced to take the test, but after¬ wards repents of it, iv. 169. Munro, Alexander, imprisoned, iv. 53. Munro, Sir John, confined to his own house, iii. 4-13. Murdoch, William, banished, ii. 109. Murray, shire of, council’s commission for it, iv. 192 — report from the commissioners for it, 192 — 194. Murray, Anthony, imprisoned, iv. 39. Murray, Arthur, dies of grief for the disaster at Pent- land, ii. 237. Murray, earl of, written to by the council to bear down conventicles, ii. 284 — sent by the council to London, 419, 451 — council’s letter to him there, 451, 452 — made secretary of state for Scotland, iv. 180 — informations against him, 343— the king’s answer, 344 — his intrigues in favour of the bill against papist disabilities, 364— how met by the bishop of Ross, 365. Murray, John, minister at Methven, the process against him, i. 203 — liberated, ii. 196. Murray, John, criminally processed, iii. 277 — condemned to be executed, but spared, 278. Murray , Sir Mungo, his cruelty to two countrymen for having had two men who had been at Pentland one night in their house, ii. 64. Murray, Richard , his commission, ii- 366. Murray, Sir Robert, comes down from court in 1667 to get a true account of the state of the country, ii. 87 — is made justice clerk, 88 — great pains taken to prove to him the necessity of keeping up the army, ib. — instru¬ mental in obtaining the bond of peace, 90 Murray, William , ii. 39. Murray , Sir William, of Stenhop, his commission against conventicles, ii. 364—366. N Nairn, Alexander, fined, iv. 48. Nairn, James, ii. 177. Nairn, lord, brought out of his bed to vote against the earl of Argyle, iii. 336. Naim, Robert, his sufferings, iii. 405. 556 INDEX Nairn, Samuel, iii. 5. I Napktali, the principles of it those which lie at the , foundation of the British constitution, i. lxvii — its au- ' thors, and proclamation against it, ii. 100. Nasmith, James, imprisoned, i. 80 — act of council re¬ garding him, '290, 308, 317, 318 — his conduct on the pro¬ posing of the accommodation, ii. 181. Nasmith, - , inducted into Stranraer church by the bishop of Galloway, though another had been ap¬ pointed to the situation, ii. 147. Neave or Nevoy, John, is cited before the council, and sentenced to banishment, i. 317 — subscribes his ac¬ quiescence to his sentence, ib. — his character, ib. — dies in Holland, 318. Neilson, John, tortured with the boots, ii. 53 — executed for being present at Pentlaud, 49, 50 — his sufferings before that rising, 50— his family oppressed after his death, 51. Neilson, Robert , iii. 58, 61. Neilston, parish of, commissioners appointed to exa¬ mine into abuses in it, i. 310 — heritors of, lined in 1000 j pounds for an attack on the minister there, ii. 163. Ness, James, iii. 5, 176. Ness, Thomas, iii. 5. Newark, lord, refuses the bond, ii. 401- Newburgh, lord, gets command of a troop of horse, ii. 13. Newman, Henry, letter of Wodrow to him, i. xxxi. Nicof, James, sentenced and executed, iv. 69. Nicolson, Sir John, his oppression, ii. 431. Nisbet, Alexander, of Craigentinny, iv. 88 — his conduct on Cesnock’s trial, 91, 92. Nisbet, James, executed at Glasgow, iv. 64 — 66. Nisbet, Sir John, appointed king’s advocate, i. 420. Nisbet, John, of Hardhill, account of him, iv. 235 — was at Pentland, 236 — wounded at Bothwell, ib. — his cha¬ racter, ib. — employed in publishing declarations, ib. — his apprehension, ib. — colonel Buchan thanked for it by the council, ib. — indicted, ib. — examined previously at Ayr, ib. — his treatment in Edinburgh, ib. — exami¬ nation there, ib. — his spiritual frame of mind since his apprehension, 237 — his libel, ib. — his judicial con¬ fession, ib. — discussion concerning the opinion of the societies about Argyle, ib. — found guilty, condemned, and executed, ib. — his conduct at the execution, ib. Nisbet, John, judgment upon him for mocking Donald Cargill, iii. 279. Nisbet, John, younger, tried and executed, iii- 453. Nithsdate, earl of, ii. 123, iii. 84. Niven, John, process against him for words spoken against the duke of York, iii. 236, 237. Niven, William, iv. 53 — is harshly treated by the coun¬ cil, and sentenced to be hanged, 150, 151. Nivers, William, is suddenly ordered to be taken from Canongate tolbooth to Dunnotter castle, iv. 322 — his attempt to escape from the castle, 324— retaking and inhuman abuse, 324, 325. Nonresidence, the king’s dispensation to the bishop of Galloway for, iii. 36. O Oath, abjuration, clause to be added to it, iv. 204 — re¬ markable oaths imposed by Claverhouse, 255. Oath, coronation, alleged unfair dealing with that of England, iv. 201 — that of Scotland never tendered to James VII., 202 — effects of that measure, 203 — exami¬ nation of its effects on the rights of the Stewart family, 203. Oates, Ur, says that Jesuits were sent to Scotland to make converts, iii. 150- Oliphant, Charles, cited for a conventicle, ii. 235. Orange, Mary, princess of, her opinion regarding the persecuted presbyterians of Scotland, iv. 435. Orange, prince of. See William. Ordination, unlawful, act against it, ii. 197. Orleans, duchess of, her intrigues to introduce popery into Britain, ii. 188, 189— supposed to have been poi¬ soned, 1S9. Ormiston, Charles, ii. 6. Ormsay, James Campbell of, forfeited by parliament, i. 297 — commission against him, 299. Orr, John, of Millbank, harshly treated, iv. 136. Orr, John, in Hills, harshly treated, iv. 136. Orr, Robert, ii. 158 — harshly treated, iv. 136. Or rock, Alexander, discharged from preaching at Dun¬ dee, iv. 455. Osburn, James, denounced, ii. 333. Osburn, John, ii. 4, iii. 438- Outed ministers, decreet passed against upwards of 40 of them, ii. 243 — brought to trouble, iv. 184— forced to leave Edinburgh, 195, 211, 212 — king’s letter regarding them, 214 — act against them, 223 Oxford decree, iii. 506, 507, n. F Page, William, fined for conventicles, iii. 5. Paisley, meeting of ministers at, iii. 176. Panton, William, iii. 196. Papists, two traffics ing, banished, i. 246 — proclamation against them, ib. — council’s procedure against papists, ii. 6 — council’s letters to archbishops against them, 99 — proclamation against them, 161 — they increase, 177 — proclamation against them, 232 — abstract of procla¬ mation against them, iii. 24, 25 — the creed protestauts were required to subscribe before becoming, iv. 352 — king’s speech introducing the doing away of their dis¬ abilities, 359 — intrigues of the commissioner in favour of that measure, 364— state of parliamenton it, 365 — be¬ haviour of some of the bishops, ib. — bill introduced, altered, vehemently opposed, and abandoned, 366 — controversies on this subject, 367, n., 371, n , 375, »., 381, n. — ecclesiastical commission established, and papists rendered eligible to the English privy Council, 389 — changes in the Scots council, 389 — their designs and expectations upon the accession of king Janies, 402 —404. Parents prosecuted for children, iii. 384. Park, Francis, his losses for having lent a plough to a man who had been at Bothwell, iii. 122. Park, George, fined for harbouring his own son after Bothwell, iii. 122, 123. Park, John, iii. 206. Park, John, condemned and executed, iv. 189, 190. Park, John, though indulged to Stranraer, is not ad¬ mitted, ii. 147. Parker, John, process against him for being present at Pentland, ii. 39 — 48, n. — is executed, 48. Parliament, Scotish, proclamation for holding one in 166I,i. 81 — preparations for their meeting, 87 — remarks upon this parliament, 88 — its acts rescinded at the re¬ volution, ib. — character of the members, 88, 89 — pains taken by courtiers in electing members for it, 90 — riding of it, ib. — their great design, which was promo¬ ted by sermons preached before them, ib. 91 — the va¬ lidity of their acts questioned by some, ib. — their oath of allegiance, 92 — several of their first acts, with re¬ marks, 94 — 106 — their acts proclaimed with solemnity, 217— their acts which relate to the church in 1663, 319, I N D E X. 354 — reasons of the leng th of this session, 354 — meets in 1669, with the design of forwarding the union with England, which is unsuccessful, ii. 136 — gTeat care taken in making the elections, ib. — is dissolved, 141 — their acts in 1870 as far as they concern presbyterians, 1C6 — 175 — their acts in 1672, as far a3 they concern presbyterians, 197 — 201 — proclamation for one in 1631, after an interval of nine years, iii. 237 — king’s letter to it, 288, n — duke of York’s speech to it, 288, 289, n. — parliament’s letter to the king, 289, 290, n. — is ad¬ journed from time to time, 363, 361 — act about election of members of, iv. 180 — characters of the last under Charles II. and the first under James VII. 259 — neces¬ sity of the meeting of the latter, ib. — indictments brought before them, ib — reception of the king’s speech, ib. — copy of it, ib. n — criticism of it, 260, 261 — his assertions regarding his absolute power, ib. — Queensberry’s speech on that occasion, 263 — copy of it, 260, n. — that of the lord chancellor, 261, n. — that of the parliament’s reply to the king, 263— character of the reply, 265— the effects of the bill on the dispensing power, 268 — passing of an act ratifying former acts for the security of the protestant religion, ib. — its na¬ ture, ib. — copy of a declaration prefacing the parlia¬ ments’ offer of duty, given as an instance of the then slavish spirit of the Scotish nation, 266 — nature of its chief bearings, 267 — provision against invasion, 268- ratification of the process of forfeiture of Monkland, Jerviswood, aud Argyle, 278 — ratification of the acts of council, justiciary, aud commissioners, ib.— that of an opinion of the lords of council and session, 279 — act passed to secure conformity among tenants, ib. — one auent adjudications for fines, 280 — act for securing the kingdom against invasion, ib. — order all non-abjurers of the Sanquhar declaration to be indicted, 2B1 — act of indemnity to privy council and all persons commission¬ ed in the late severities, 281 — act for the clergy, ib. — list of forfeited estates annexed to the crown, by act of parliament, 282 — remarks on that act, ib — tenden¬ cy of the measures of this session, ib. — animadversions on several acts against the duke of Argyle, 308 — effects of the sitting of parliament on the state of the country, 321 — parliament of 1686 make a stand to court measures, 358 — king’s opening speech, 359 — its reception and re¬ ply, 360 — review of the speech, 361— that of the com¬ missioners, 3G4i— that of the reply, ib. — intrigues in choosing the lords of articles, 366— a bill in favour of papists at length prepared and submitted, ib. — but sub¬ sequently modified, ib.— after much opposition drop¬ ped, ib. — acts aneut forfeited lands, 387 — meeting of estates, their otter of the crown to king William and queen Mary, 476 — settled as a parliament, ib. Parliament , English, declare Monk general, i. 60— a new one meets and restores the king, 61 — dissolved, 85 — application from Scotland to it for the king, 226— bring in a bill excluding the duke of York from the succes- sion, iii. 29— kiDg’a declaration, ordering a parliament to meet in November, 1088, iv. 464. Partan , laird of, ii. 51. Passes, proclamation about them, iv. 1 17, n. Pale, William, killed without process by the soldiers after Bothwell, iii. 163. Paterson, Gavin, iii. 485. Paterson, John and William, their case, ii. 341. Paterson, John, appointed bishop of Ross, i. 237— letter to his son regarding confining presbyterians in tire •north, ii. 3. Paterson, bishop of Edinburgh, iris conduct at the exe¬ cution of Marion Harvey, iii. 277— iris character, 303, 557 n. — his sense of the test, ib. — goes to London, 357, 381. Paterson, Ninian, sent to the plantations, iii. 443. Paterson, Peter , imprisoned for a conventicle, ii. 363. Paterson , Robert, killed at Ayrs-moss, iii. 22. Paterson, Simon, apprehended, carried to a gallows at Cumnock, and hanged without trial, iv. 252. Paterson, Walter, ii. 177. Paterson, William, iii. 130. Paterson, William, his eventful life, apprehension, and murder, iv. 253. Paterson, Sir William, iii. 173 — sent to Glasgow to make inquiries into the conventicle at Blackloch, iv. 24 — 29 — his report to the council, 29. Pathen, Andrew, fined, iii. 387. Paton, John, sentenced and executed, iv. 65. Paton , Matthew, executed for being concerned in the Pentland rising, ii. 52. Paton, Robert, banished, ii. 141. Patronages, act abolishing, in 1649, i. 104. Pearson, John Norman, editor of archbishop Leighton’s works, reasons of hi3 dislike to Wodrow’s history, i. Iii., lviii. Pedagogues, act about them, iii. 427, 428, n. Pedin, Alexander, council’s letter against him, ii. 4 — sent to the Bass, 224 — let out of the Bass, ii. 356 — banished to the plantations, 483 — forfeited, iii. 73 — process against him, 73 — 75 — his character, sufferings, death, and burial, iv. 396 — raised from the grave at Aucliinleck, and buried at Cumnock gallows, ib. — his spirit of prophecy, 396, 397. Pedin, William, ii. 52, 53. Peebles, presbytery of, letter from council to them, pro¬ hibiting them from ordaining a minister, i. 234 — act of council against them, 235. Peebles, Hugh, confined, ii. 153 — allowed to come west, 99. Peirson, Peter , curate, assists the laird of Lagg, iv. 174 — his temper, 196 — particulars of his murder, ib. 197 — persons concerned in the attack upon him, 197 — re¬ marks upon this murder, ib. 198. Penal statutes against papists, agitation of the question of their repeal, iv. 359—385 — controversial papers on that subject, 367, n., 371, n., 375, n., 381, n. — a bill for the repeal read and abandoned, 366, &e. — the king repeals them by his proclamation, 416. Penman, Gideon, an immoral curate, i. 333 — Kirkton’s sketch of his life, 334, n. — suspected to have been a witch, ib. — tried for being in compact with Satan, ii, 504. Penn, William, particulars of his trial at the Old Bailey for preaching, ii 478, 479, n. Pentland, cause of the rising in Galloway of the per. sons who were dissipated there, ii. 17 — they seize Sir James Turner, 18 — the council send an express to court, to the commissioner, and to several of the no¬ bility, concerning this rising, 19— general Dalziel marches against them, ib. — proclamation against them, 20, n. — people flock from several parts of the country to join them, 21, 22 — their little array is first modelled at Ochiltree, 23 — they march through Cumnock, Muirkirk, and Douglas to Lanark, where they renew the national covenants, 23— 25— their declaration, 25 — the country all in motion against them, 26 — Dalziel approaches Lanark, when they march eastward, 27— their iii circumstances cause half their number to leave them, 27, 28 — several proposals made to them by the opposite party, 29 — Dalziel attacks and defeats them, after a brave resistance, at Rullion Green on the 558 INDEX Pentland Hills, 30, 31— a further account of this rising and engagement, by a minister who was present, 31 — S3 — care taken after the engagement to prevent the escape of any who had been at it, 35 — the great hard¬ ships those who escaped underwent after the battle, 35,36 — proclamation against them, 36, n. — treatment of the prisoners taken at Pentland, 37 — the primate keeps up a letter from the king stopping their execu¬ tion, 3S — eleven of those who had received quarter, are criminally prosecuted, and executed, 48 — hard¬ ships inflicted on some of their families, 49 — five more processed and hanged, 49, 50 — several of the prisoners are hanged at Glasgow, 52 — several more condemned and executed at Edinburgh, 53 — twelve more con¬ demned at Ayr, ib — severities of the army after this rising, 62 — 80 — report of committee of council on the Peutlaud prisoners, 88 — several of them sent to Ame¬ rica, 108. Persie, sergeant, iii. 382. Perth, town of, fined for conventicles, ii. 323 — clergy and synod of, their sense of the test, iii. 308, n. Perth , earl of, made chancellor, iv, 29. Peter, David, his sufferings, ii. 449. iii. 391. Pettigrew, James, his sufferings, iii. 264'. Philip, Adam, sentenced to be hanged, iii. 278. Philip, John, fined and sent to the Bass, iii. 439. Philiphaugh , laird of, ii. 366. Piper, George, liberated under bond, iii. 232. Pitcairn, - , of Pitlour, fined for conventicles, ii. 238, 244. Pitcairn, Alexander, iii. 374 — turned out of his charge at Drone, 390. Pitcairn, Harrs/, of Latestoun, fined for conventicles, ii. 238, 244. Piltilloch, Andrew, sentenced to be hanged, iii. 278. Pitlochie, lady, fined, ii. 361. Pitinedden , lord, his removal from office by order of the king, iv. 401. Pollock, James, of Balgray, fined, ii. 227 — fined for a conventicle, iv. 42, 136 — cited and imprisoned, 141 — decreet against him, 142, 143. Pollock, John, of Falside, fined, ii. 227 — heavily fined, but gets a remission from council, iv. 43. Pollock, Robert, his trial and execution for treason, iv. 226. Pollock, Thomas, his letter to Wodrow, i. iv. Polmadie, account of the atrocities committed there by major Balfour, iv. 250. Pohnaise, lady, brought to trouble, ii. 322. Popery, steps taken to introduce it into Scotland, i. 58 — letter from the council to the bishops regarding the preventing its spread, 339— intrigues carrying on to introduce it into Britain, ii. 188 — state of the laws of Scotland, in 1686, as to, iv. 389 — 396. Popish plot, fast appointed upon it, ii. 502 — council’s congratulating letter to the king on his preservation from it, 503, n.— council’s letter to Lauderdale upon it, ib. Popish succession, reasons against it, iii. 29—31, n. Porteous rolls, council’s act about private, 480— remarks upon them, 481— form of these rolls, ib. 482. Porterfield, Alexander, forfeited, ii. 73— process against him, 73-75, n. Porterfield , Alexander, of Falwood, iv. 136 — cited by the council, and imprisoned, 141 — decreet against him, 142, 143 — particulars of his case, 145, 146. Porterfield, Alexander, of Quarrelton, several brought to trouble for couverse with him, iv. 138, 143, 145. Porterfield, George, declared rebel and fugitive, i. 429. Porterfield, John, of Duchal, fined heavily by the high commission court, i. 592— fined again, ii, 226, iii 219— his indictment, iv. 137— the advocate’s query to lords of session on his case, and their answer, 138 — his de¬ fences, ib. 139 — lords’ interlocutor, 139 — verdict of the assize, and sentence, 140— his petition, 212 — treatment of him and his eon, ib. — sentenced by parliament, 272, 285 — imprisoned, 466. Porterfield, William, forfeited for being at Pentland, ii. 70 — process against him, 70 — 73, n. Potter, John, tried and executed, iii. 228. Potter, Michael, sent to the Bass, ii. 363, iii. 433 — his suf¬ ferings, 434 — terms of his liberation, iv. 215. Prayer, great severity exercised towards a man found at, iii. 442. Preaching, the, by presbyterian ministers again some¬ what practicable in Scotland, iv. 357 — directions of Charles II. regarding it, 399, 400, si. — harassments on account of it, 455, 456. Prelacy, plan concerted by James Sharp for introducing it into Scotland, i. 223 — remarks upon its introduction, ib. — popular arguments against it, ib. 224 — reasonings at court for and against its introduction, ib.— reasons inducing the courtiers to choose it, ib. — its introduction proceeded chiefly from the noblemen and corrupt min¬ isters, 228 — the king interposes in behalf of its intro¬ duction, 229 — act and proclamation of council in con¬ sequence of the king’s letter to the, 230 — it is the child of regal supremacy, 232 — mistake of English historians as to its introduction into Scotland, 240 — 242 — founded on the king’s prerogative, and inconsistent with liberty, 259 — patronage one of the great pillars of it, 265— ef¬ fects of its settlement in Scotland, 280 — state of Scot¬ land before and after its introduction, 332 — on the decline, ii. 120 — oppressive to some who had a sense of liberty, iii. 163 — 167, n. — act abolishing it, iv. 484, 485, n. Prelates, Scotish, authors of the sufferings of presbyteri- ans, i. 57, 223 — their situations not so lucrative as those of England, 235 — necessity of their being ordained in England, 238 — debate betwixt them and the bishop of London respecting education, 239 — four of them conse¬ crated in England, who consecrate their brethren in Scotland, ib. — remarks on their re-ordination, ib. — they are admitted into parliament, 255— manner and cir¬ cumstances of it, ib.— are introduced into parliament without the church’s consent, 256 — reasons of it, ib. _ act of parliament for their restitution, 257 — 259, si. _ may act with or without the clergy, 259— accountable to none but the king, 260, 261 — have the power of com¬ missariats put into their hands, 261 — disorders during the reign of Charles I. and beginning of reign of Charles II. justly chargeable against them, ib. — differ¬ ence between the first prelates in Scotland and those appointed in 1661, 262 — their conduct on the first mov¬ ing the repeal of the penal statutes, iv. 358 — their character, ib. — letter from council to them, regarding preventing the spread of popery, 339. Prerogative, king’s, act asserting it, i. 99, 100— remarks upon it, 100— prelacy founded on it, 259. Presbyteriasiism, unfavourable to absolute monarchy, i. lviii.— our forefathers thought it a divinely constituted plan of polity, lix.— is perfectly consistent with the best interests of the British constitution, Ixiii. — reason for the uncommon keenness with which the Stewarts opposed it, Ixvii. Presbyterians, had not liberal views of religious liberty, i. lxvi.— proofs that they had most just and enlarged INDEX. 559 conceptions on civil liberty, ib. lxvii. — the spring of their sufferings, i. 57— their share in the restoration and city petition, 59 — their joy at the king’s restora¬ tion, 62 — not prosecuted for rebellion, 80 — under the usurpation cease not to pray for the king, 225 — their constant loyalty, 226 — disorders during the reign of Charles I. and the beginning of the reign of Charles II. unjustly laid to their charge, 261 — their melancholy circumstances after the ejection of their ministers in 1662-3, 331 — the difficulty of their then hearing ser¬ mon, ib. — they suffer still more by the ministers thrust in upon them, ib.— their settlement of parishes after the revolution compared with the settlement of pa¬ rishes after their ejection, 333 — some presbyterians forbear, and others continue to hear curates, with reasons for their conduct, 335, 336— they are persecuted merely for conscience’ sake, 336 — several of the impri¬ soned, at their own request, are sent to Barbadoes, 432 — their patience under persecution, ii. 1 — act con¬ cerning discipline a new occasion of their persecution, 3 — in Ireland the liberty they enjoyed in 1669, 130 — their supplication to the duke of Monmouth, iii. 147, 148 — unhappy condition of those classes of them who had conformed to prelacy, iv. 354 — preaching among the non-conformed more practicable, 357 — ineffectual endeavours to unite some other bodies of presbyteri¬ ans with the societies, 392 — undogged liberty at length yielded to presbyterians, 404 — general return to Scot¬ land of ministers banished and refugees to Holland, 411 — history of the indulgent toleration and liberty offered, 416 — second toleration, 424 — third toleration, 426 — its reception by the presbyterian clergy, 427 — improvement they made of it, 431 — overtures for mak¬ ing the liberty practicable, 432 — circular letter to the different congregations, 433 — prince of Orange’s sen¬ timents and professions regarding the presbyterians of Scotland, 436 — their returning success and spirit, 437 — disposition of government to prevent them from enjoying the benefits of the toleration, 455, 456 — ad¬ dress of some thousands of them to king William, showing the grievances of that body, 477 — their peti¬ tion, 180, n. Presbyterian ministers, overtures and rules agreed upon at Edinburgh, by a meeting of the delegation from seve¬ ral parts of the kingdom, ii. 273 — materials of an address to government also transmitted, ib. 274 — remarks of the presbytery of Paisley upon them, 274, 275, n. — articles agreed to by the synod of Glasgow' upon re¬ ceiving the Edinburgh overtures, 275, 276, n. — presby¬ tery of Paisley’s sense of these articles, 277, n. — rules agreed to by a meeting of them at Edinburgh after the third indulgence, iii. 153 — address to the Prince of Orange, iv. 481, 482, n. — act restoring them, 485, n. Presbytery not contrary to monarchy, i. 232 — favour, able to civil liberty, 259. Press , slavery of, in 1686, iv. 365. Primi, Abbot de, his account of the intrigues for intro¬ ducing popery into Britain, ii. 188. Pringle, Alexander, of Cadenlee, his sufferings, iv. 229. Pringle, George, of Torwoodlee, his connection with the Rye-house plot, iv. 224, 225— prosecuted for treason, 226 — his escape and sentence, 227 — his history, ib. 230 — persecution of his son, 228, 229 — what of his trial remains on the registers, 231, 276 — disposal of his lands, 387. Pringle, James, younger of Torwoodlee, his sufferings, i v. 228, 229 — act of council in answer to a petition from him, 230. Pringle, John, fined for conventicles, ii. 238. Pringle, Walter, of Greenknows, his treatment from the high commission, i. 394 — a little indulgence shown him, 422. Prisoners, act of the privy council in Scottand for classi¬ fying those throughout the country, iv. 198 — its ef¬ fects, ib. — horrid case of the prisoners at Dunnotter, 324. Prisons, committee appointed to inspect the state of, iv. 198 — report of the cases of those confined in the pri¬ sons of Edinburgh and Canongate, 216 — state of the prison at Dunnotter, 324. Proclamation, against conventicles, see Conventicles — against rebels, 1679, iii. 72, n. — about the militia, 73, 74, n. — calling out heritors to attend the king’s host, 74, 75, n. — against reset of rebels, 114, 115, n. — against fanatical conspirators, 229, n. — against rebels, 1682, 375, 376, n. — king James VII. proclaimed king, iv. 201 — a proclamation discharging all to meddle with the effects of forfeited persons, 210 — of the magistrates of Edinburgh, 253 — for putting the kingdom of Scotland in a posture of defence, 267 — against fugitives and traitors, 311 — singular one respecting the holding the king’s birth-dav, 342 — Irish proclamation against treasonable speeches, 398, n. — against slanderers and leasing makers, 401 — that of pardon to the shire of Argyle, 402 — against conventicles, 413 — rescinding the penal laws, 417, n. — reflections on it, 420, n. — against the rescuers of David Houston, 442, n. — against cer¬ tain books and pamphlets, 443 — for raising the militia and setting up beacons, 463 — one by the king, 464 — one by the council calling out mililia, 465 — against spreading false news, 469 — anent papists, 475 — calling out the heritors as militia, 485. Proctor, James, his sufferings, iii. 391. Protestantism, form of a renunciation of, iv. 551, 552. Protestants, Irish, their jealousy of the king’s designs, iv. 398— French, their petitions to their king, 507 — 511, n. Public affairs, the committee for, the members and powers, ii. 324 — report of the committee in 1667, 362 — 364 — their opinion of the way of prosecuting the laws, 369 — act appointing the committee for, iv. 31. Q Quakers, act of council against them, i. 376, 377 — ano¬ ther against them, 428 — council’s procedure against them, ii. 6 — reasons for their ample toleration in the first indulgence, iv. 419. Queensberry , earl of, causes several west country gen- men to be fined, i. 291 — explains the test before taking it, iii. 300 — king’s commissioner to parliament, iv. 259 — his speech, 260, 261, n. Queensferry , town of, processed, ii. 282. Queensferry paper, copy of it, iii. 207 — 212 — the Came- ronians disown it under restrictions, 208, 209 — ac¬ count of it, 209 — 212 — presbyterians groundlessly blamed for it, 212 — council’s letter about it, 215. R Rae, John, imprisoned, ii. 152, 196 — decreet against him, 243 — assists at dispensing the Lord’s Supper, 318 — in- tercommuned, 325 — exerts himself to prevent divi¬ sions, iii. 23 — his answer to Mr Hamilton when pres¬ sed to preach against the indulgence, 93 — sent to tiro Bass, iv. 38. Ralstoun, William, is liberated from prison, ii. 99. Ramsay, Alexander, his house robbed, ii. 197. 560 I N D E X. Ramsay, James, ii. 1-13, 144. Ramsay, James, bishop of Duinblane, moves for a national synod, ii. 300 — his letter to archbishop Sharp when refusing to attend a meeting of the bishops at St Andrews, 302, 303 — king’s letter trans¬ lating him, 304 — he petitions the council, ib. — he and the primate go to court, ib. — bis letter to the primate there, ib. — 306 — the primate’s answer, 30ii — 308 — a meeting of bishops appointed to consider this matter, 308— his answers to two interrogatories proposed to him by the bishops commissioned to try him, ib. 311 — his answers to two other queries proposed by them, 311 — 313 — view of the whole matter, 315. Ramsay, Matthew, deposed, i. 4z7 — ii. 178, 180. Rankin, James, banished, ii. 103. Rankin, John, banished, ii. 158. Rankin , John, ii. 19G. Rankin, Joint, imprisoned at Lanark, iv. 257. Rattray, Silvester , his written defence before the epis¬ copal ministers at Glasgow, i. 330, 381. Ready, David, iii. 5. Rebels and Resetters, proclamation for discovering them in 1684, iv. 31, 32. n. Reddie, laird of, fined for conventicles, ii. 23S. Redpath, George, his letter to Wudrow concerning his intended history, with hints regarding its execution, vli — ix — Wodrow’s reply, enumerating his materials for writiug his history, xix — xxii. Reid, John, his account of the atrocities perpetrated by major Balfour at Polmadie, iv. 250. Reid, William, letters of council against him, ii. 4. Religion and church government, act concerning, i. 102. Remonstrants, proclamation against, i. 76. Renfrew, commissioners of assessment, their scruple at the declaration, ii. 501. Renwick, James, iii. 44 C — indicted and put to the horn, iv. 70, 71 — writes the apologetical declaration for the society people, 148 — the only person who held field meetings in 1684, 171 — powers granted to suppress the meetings of his followers, 207, 209, 211 — Robert Cathcart’s paper against him, 393 — his endeavour to heal the divisions of the societies, 394 — his own mode¬ ration, 445 — his birth and education, ib. — his hatred of severity, ib. — leaves hearing the indulged ministers, and afterwards join the societies, ib. — finishes his edu¬ cation in Holland, 446 — his behaviour and manage¬ ment afterwards, ib. — circumstances of his apprehen¬ sion, ib. — examination and indictment, 447 — assize and witnesses, 448 — his behaviour in prison, 4-19 — his trial, ib. — his judicial confession, 450 — examination regard¬ ing it, ib. — verdict and sentence, 451 — interviews in prison with several episcopalians, ib. — his repulse of some popish clergymen, ib. — and of the insinuated offers of the council, ib. — his subsequent betiaviour in prison, 452 — his devotions, ib. — his answer to the council immediately before execution, 453 — behaviour at the place of execution, 454 — a letter from some of his followers to Gordon of Earlston, 502. Reset of rebels, council’s act about, iv. 7- Resolutioners and protesters, i. Ixix., lxx. Resolutions, public, their rise, i. 2 — the persecution James Guthrie and D. , Bennet underwent for their opposition to them, 159 — 161. Restoration, act for anniversary thanksgiving for, i. 103 — solemnities attending the celebration of it in 1662 at Linlithgow, 320 — the indulged blamed for not keep¬ ing the anniversary of it, ii. 134— act regarding it, 199 — several ministers fined for not keeping it, 216, 221. Richard, Thomas, his character and treacherous appre¬ hension, iv. 252 — his summary execution, 253 — inter¬ ference ineffectual in his behalf, ib Richards, Thomas, his seizure, gallant behaviour, trans¬ portation and death, iv. 337. Richardson, Andrew, his case, ii. 341. Richardson, Robert, fined for a conventicle, it 326. Richmond, John, tried and executed at Glasgow, iv. 63, 64. Riddell, Archibald, wrongously imprisoned and liberat¬ ed, iii. 191 — is again imprisoned, and examined before a committee of council, 196 — his first examination, 197 — 200 — his second examination, 200 — 202 — i3 imprison¬ ed upwards of four years, 202, 264 — several particu¬ lars of his life, iv. 335. Redpath, George, imprisoned, iii. 345. Robertson, Alexander, consultations in his house as to the propriety of joining the insurgents in Galloway, ii. 21 — is tried and executed for being present at Pentland, 19, 50. Robertson, Andrew, quaker, ii. 6. Robertson, James, tried and executed, iii. 414, 415. Robertson, John, examined by a committee of council for requesting a national synod, ii. 302 — his paper of submission, upon which he is reponed, 316. Robertson, Thomas, his losses by the Highland host, ii. 430. Robertson, Thomas, tried and executed, iv. 166, 167. Rogers, Ralph, i/ 180. Roman Catholic, a more favourable phrase than papist, introduced into the legal language of Britain, iv. 419. Rots, Alexander, liberated, ii. 475. Ross, Alexander, criminally processed, iv. 38. Ross, Alexander, remarks on his sermon before the Glasgow circuit, iv. 131, 132. Ross, Arthur, ii. 143, 144. Ross, bishop of, his private information to commissioner Murray of the court designs, iv. 365 — its conse- quences, ib. Rosse, lord, letter from Wodrow to him, i. xxvii., xxviii. — his commission, ii. 366, 372 — Jiis troop attack¬ ed at Glasgow by the covenanters after Dr urn dog, iii. 71 — his instructions upon a riot in Drone, 375. Ross, John, process against him for being present at Pentland, ii. 39 — 48, n. — is executed, 48. Ross, Robert, apprehended and sent to the Bass, iii. 17. Ross, synod of, prosecute and depose Thomas Hogg, i. 129. Ross, Thomas, imprisoned, ii. 286. Rothes, duke of, appointed king’s commissioner in Scot¬ land, i. 349 — appointed commissioner for a national synod, 418 — other posts conferred on him, 419 — makes a tour to the west country, 428 — council’s letter to him regarding the Pentland rising, ii. 19, n. — proceeds to Ayr to investigate that affair, 53— dies, iii. 356. Rothes, duchess of, urged to take the test, iii. 300. Row, James, fined, ii. 122. Row, John, fined, ii. 122. « Row, John, curate of Balmaclellan, is beaten, and Ms house plundered, ii. 116 — turns papist, 231- Row, John, denounced, iii. 267, 434. Row, Robert, confined, i. 75. Row, William, processed, iii. 196. Rowat, James, his sentence, i. 296. Roxburgh, list of heritors heavily fined there, iv. 52,53. Roxburgh, earl of, refuses the bond, ii. 401 — goes up to court with the duke of Hamilton to represent the grievances of the country, 410. INDEX. 561 Rule, Gilbert, sent to the Bass for a conventiele, iii. 194 — liberated upon bond to depart the kingdom, 195 — further account of him by Dr Calamy, ib. Bullion Green. See Pentland- Rumbold, Richard, acts as colonel, iv. 290 — sent to guard a pass, 293 — takes the castle of Ardkinglass, ib. — moderates the divisions among the leaders, 294 — Argyle’s opinion of him, 299 — his seizure, 313 — his en¬ trance into Edinburgh, 314 — recommendation of coun¬ cil to the magistrates and justiciary anent him, 314 — treatment before the council, ib. — the libel, ib — con¬ demnation, 315— hU last speech and prayer, ib. — his head pickled and sent to London for his majesty, 316. Russel, Andrew, is criminally processed, hi. 285 — is con¬ demned and executed, 287. Russel, George, punished for baptizing a child at a con¬ venticle, iv. 170, 171. Russel, James, one of archbishop Sharp’s murderers, iii. 47. Russel, lord John, his remarks on the character of Charles II., and James II. iv. 498. Russell, John, of Catcraig, his conviction and sentence, iv. 231. Russell, John, iii. 485. Russel, John and Peter, sentenced to be executed, iv. 151. Russell, John, of Arnes, his conviction and sentence, iv. 234. Russell, Patrick, his sentence, iv. 216. Russel, Robert, iii. 485. Russel, Robert, his sufferings, iii. 264. Russell, Robert, plundered of some horses by the High¬ landers, iv. 257 — application to his curate, Mr Honny- man, ib.— escapes that wretch’s treachery, 258. Russel, Thomas, sentenced to banishment for archbishop Sharp’s murder, but escapes, iv. 235. Russell, Thomas, of Falhouse, plundered of some horses, by the Highland troops, iv. 257 — his application to Mr Honnymati, the curate, ib. — escapes that wretch’s treachery, 258. Rutherford, Samuel, his character, i. 205 — his letters, ib. — indictment against him designed, ib. — his death, 206. Rutherglen, the declaration and testimony published there, iii. 66, 67 — makes a great noise, 63 — disputes about, 93 — instances of persecution there, iii. 387. Rutherford, Mrs Elizabeth, banished from Edinburgh for being concerned in presenting a petition to the council, ii. 269. Rye-house plot, breaks out, 498 — remarks on Dr Spratt’s account of it, ib. 499 — orders to council upon it, ib. — proclamation for thanksgiving in England upon its discovery, 501 — 503, n. — in Scotland, 503,504, n. Rymer , James, denounced in absence, iii- 5, 173, 196. S Saltcoats, lady, and her daughter, fined for a conventi¬ cle, ii. 335. Sandilands, John, fined for conventicles, ii. 295. Sands, Katherine, strangled and burnt for a witch, ii. 317. Sangster, Robert, tried and executed, iii. 277, 278. Sanquhar declaration, cause, and form of it, iii. 212, 213, n _ papers written for and against it, 213 — coun¬ cil’s letter about it, 215 — copy of the bond those con¬ cerned in it enter into mutual defence, 218 — act of council for burning it, 362, 363. Scarlet, John, supposed to have murdered two soldiers at Loudonhill, iii. 37 — some further account of him, ib. IV. Schaw, Henry, iii. 61. Schaw, Robert, fined for conventicles, ii. 238. Schism in the church, overtures suppressing, iii. 11, 12 — king’s letter approving the overtures, 13— report of committee as to their execution, 13, 14 — list of com¬ missioners appointed to execute the laws, 17, 18. Scotland, state of it at the restoration, i. 62—64, n. — re¬ cords and registers of, lost at sea, 86— indemnity for it delayed, 89— state of it before and after the introduc¬ tion of prelacy, 332. Scot, Andrew, brought to trouble, ii. 196, 221. Scot, Anne, lady Skelmorlie, her case, iv. 213. Scot, George, of Pitlochie, fined for conventicles, ii. 238, 244— again fined for conventicles, iii. 10 — cited before the council, 58 — empowered to receive a hundred convicts for America, 216 — his petition for more, 220 — its an¬ swer, 222, 223 — his conduct towards the prisoners — state of the provisions — fever among the crew — bis death, 332. Scot, James, refuses to take the oaths required, iii. 3. Scott, James, prosecuted, iii. 267. Scott, John, liberated, i. 222, 394. Scot, John, ii. 196. Scot, John, of Wall, heavily fined, iv. 53. Scot, Robert, executed for being concerned in the Pent- land rising, ii. 52. Scot, Thomas, dies in prison by severity and bad treat¬ ment, iv. 177. Scott, Sir Walter, extracts from his “ Tales of a Grand¬ father,” in favour of the covenanters, i. Ixxv. — his character of Claverliouse, iii. 68. Scot, Sir William, of Harden, fined for his lady’s with¬ drawing from church, iii. 447 — fined exorbitantly for his lady’s nonconformity, iv. 41 — he and his son fined, 137, 147. Scot, Sir William, of Harden, younger, his character and sufferings, and those of his mother, iv. 230, 231 — prosecution in parliament, 276. Scougal, Dr, made bishop of Aberdeen, i. 382. Scouler, James, barbarously murdered after Bothwell, iii. 108. Selkirk, Matthew, hindered from preaching on account of his alleged favouring of the indulged, ii. 501. Sempill, Francis, of Beltrees, appointed sheriff depute, iii. 19 — his character, ib. n. Semple, Gabriel, letters of council against him, ii. 4— preaches at the renewing of the covenant at Lanark, 25 — reward offered for his apprehension, 234, 237 — conventicles held by him, 243 — proclamation against him, iii. 15, n. — his exertions to prevent divisions, 23 — forfeited, 73— process against him, 73 — 75, n. — taken prisoner, but liberated on bond, 267 — sketch of his life, 267—269. Semple, Gavin, barbarously murdered after Bothwell, iii. 108. Semple, John, ii. 221, 347. Semple, John, put to the torture, iv. 150— tortured a se¬ cond time, tried, and executed, 152. Semple, John, his character and circumstances, iv. 244 — informed against, ib. — his surprisal and murder, ib. — state of his family, ib. Semple, lord, when a boy at college, gets a charge of law-borrows, ii. 474 — the zeal of the family formerly in favour of popery, ib. 475, n. Semple, Robert, harshly treated, iv. 136. Semple, Samuel, letter from Wodrow to him, i. xxvi., XXX. Separation, act regarding it, ii. 174. Session, lords of, list of them, i. 217. 4 B 562 INDEX. Shaftsbury, rai l of, his speech to the English house of lords, iii. 27, 28, n. Sharp , James, archbishop of St Andrews, sent as commissioner to Loudon to attend to the interests of the presbyterians, i. 5— his instructions, ib. n. — ab¬ stract of letters between him and Mr Douglas when prosecuting that, object, 5 — 55 — instructions to him f.t Breda, 23 — supposed to have been corruptedat Breda, 28 — returns to Scotland with a letter from the king to presbytery of Edinburgh, supposed to have been writ¬ ten by himself, 81 — earl of Middleton’s reflection upon it, 82 — offers an archbishoprick to Robert Douglas, 215, n. — appointed archbishop of St Andrews, 23G — his char¬ acter, ib. — consecrated in London, 239 — tenor of the letters patent appointing him archbishop, 239, 240 — causes of his enmity to Robert Blair, 293 — impowered to supply James Wood’s place, 382 — the high-commis¬ sion court erected by him, 384— has precedency of all the officers of state, 411 — prevails in getting a standing army, ii. 13 — his mean conduct before the king, ib. n. — keeps up a letter from the king, stopping the execu¬ tions after Pentland, 38 — an unsuccessful attempt made on his life by James Mitchell, 116 — some of the bishops and inferior clergy complain of his arbitrary government of the church, 300 — his letter to the arch¬ bishop of Canterbury on that occasion, expressing his great anxiety to prevent the calling a national synod, 301 — bishops of Dumblane’s letter to him, refusing to attend a meeting of bishops at St Andrews, 302, 303 — by his influence causes the bishop to be translated, 304 — he and bishop of Dumblane goto court, ib. — bishop of Dumblane’s letter to him, and his reply, 304 — 308 — a meeting of bishops appointed to consider this matter, 308 — several persons, when intending to frighten or kill the instrument of his cruelty in Fife, full in with him returning from Edinburgh to St Andrews, iii. 42 — after some reasoning they decide on killing him, ib. — having chosen one of their number to command them they come up with the bishop’s conch on Magus muir, and stop it, 43 — they discharge their pieces at him in. effectually, ib. — the discourse that passed between them upon their commanding him to come out of the coach, ib. 44 — they force him out of the coach and kill (him, ib. — things found on him, ib. — they escape undiscover¬ ed, 45 — the papers they found with the bishop, ib. — narrative of his murder published by authority, 45, 46, n. — remarks on several printed accounts of his mur¬ der, 47 — copy of an original MS. account of his death, 49' — 51, n. — none of the persons actively concerned in this matter ever apprehended, 40 — the body of presby¬ terians not chargeable with this fact, ib. 48, n. — the archbishop’s dream fulfilled in the manner of his death, 41, n. — bis murder made a handle for severe persecution, 48 — proclamation for the discovery of his murderers, 52, 53, n. — council send letters to the king and Lauderdale concerning the murder, 54— proclama¬ tion against his murderers, 173, 174, n. — such prison¬ ers as deny that he was murdered to be tried crimi¬ nally, iv. 35 — from documents in existence, and known to Wodrow, might have been held up to detestation in blacker colours than has been done in this history, i. liv. — opposes the accommodation, lxxiii — Sir Walter Scott’s opinion of his death, lxxvi. Sharp, Sir William, iii. 55. Sharpe, - editor of Kirkton’s history, reasons of his dislike to Wodrow’s history, i. Iii. — ii. 269. Shaw, Anthony, council’s procedure against him, iii. 470, 475— iv. 37. Shaw, Sir John, before the justiciary, iii. 247. Sheriff, Patrick, fined for conventicles, ii. 473. Sheriff-dcputes, list of, appointed by council, iii. 19, 20- letter to the sheriffs for deputing them, 20 — tenor of the deputation, ib. 21 — their instructions from the council, 21 — 23 — of Fife, their instructions anent the trial of archbishop Sharp’s murderers, 57. Shiels, Alexander, his letter on the Queensferry paper, iii. 209 — 211 — his examination before the justiciary, character, and after history, iv. 233— extract from the registers of his trial for treason, previous to his oivn. iug the king’s authority, 234 — reception into the societies, 396. Shiels, George, dies in prison by severity and bad treat¬ ment, iv. 177. Shells, John, process against him for being present at Pentland, ii. 39 — 48 — is executed, 48. Shield, Ralph, executed for being concerned in the Pent¬ land rising, ii. 52, 53. Shirinlaw, William, shot without any process, iv. 172. Short, George, his apprehension and merciless execu¬ tion, iv. 252. Short, John, executed for being concerned in the Pent¬ land rising, ii. 53. Short, Robert, iii. 194. Shots parish, losses sustained there after Pentland, iii. 112 — arrival of the savage Highlanders there on the work of persecution, iv. 257. Sideserf, Thomas, appointed bishop of Orkney, i. 236 — his character, ib. — his death, 381. Sideserf, Thomas, (eon of last,) his diurnal stopped by the king’s order, i. 215. Sidney, Algernon, executed in England, iii. 504. Simpson, James, minister at Airth, seized at Port- Pat¬ rick without any cause shown him, i. 80 — his charac¬ ter, 197 — banished without a public hearing, ib. — dies in Holland, ib. — his life said to have been saved by James Sharp, ib. n. Simpson, Patrick , is denounced for non-appearance be¬ fore the council when cited, iii. 5— his indulgence de¬ clared void, 61. Sinclair, George, refuses to take the oaths required, iii. 3, Sinclair, James, David, and George, fined, iii. 195. Sinclair, John, forfeited in 'absence, iv. 70. Skene, James, apprehended as a follower of Cargill, and tried, iii. 225, 226 — is sentenced and executed, 227,228. Skene, John, of Hallyards, his commission, iii. 381 — in¬ stances of his severity in persecuting, 388 — receives a new commission, 421 — his severity, 493. Skene, Thomas, iii. 366. Skirvin, George, iii. 474. Sloss, James, banished, ii. 158. Sloss, James, assists in stopping Gib’s extravagances, iii. 349. Smith, - , his murder, iv. 211. Smith, Alexander, his barbarous treatment from the high commission court, i. 393— brought prisoner from Zetland to Leith, ii. 99 — sent to Orkney, 112. Smith, Alexander, Iris sufferings, iii. 264. Smith, Hugh, ii. 318. Smith, James, barbarously killed, near Hamilton, iii. 108. Smith, James, condemned and executed, iii. 484, 485. Smith, James, executed for being concerned in the Pent¬ land rising, ii. 53. Smith, James, of Tullochshaugh, abstract of the charge to him to appear before the council for non-conform¬ ity, ii. 360. Smith, John, shot in the fields without process, iv. 171. INDEX 563 Smith, Madam, iii. 339. Smith, Robert, executed at Kirkcudbright, iv. 177. ' Smith, Robert , a traitor under that name, ingratiates himself with the banished ministers in Holland, iv. 347 — his informations and their effect, 348. Smith, Walter, tried for being at Both well, &c. iii. 280, 281 — his confession, 281, 282 — is condemned to death, »282 — his behaviour on the scaffold, 283, 284. Smith, William, his apprehension and summary doom, iv. 242 — his sentiments at his execution, 243. Society people, their first meetings, iii. 357 — their decla¬ ration at Lanark, ib. — act of council for burning this declaration, 362 — their meeting at Tala-lin, 376 — their protestation against the Scotish ministers and session at Rotterdam, 51! — their circumstances in 1681, iv. 147, 148 — publish their apologetical declaration, 14S, 150 — some of them supposed to have taken an active part in the murder at Swine-abbey, 152 — their conduct with regard to the murder of curate Peirson, 197 — powers granted to suppress their meetings, 207, 209, 211 — that of their being modelled into a commonwealth rebutted, ib. — their views of the covenant, ib. — endea¬ vours to effect a union between them and other suf¬ fering presbyterians, 392 — effects of Mr Brackel’s ad¬ vice, ib. — charges against Robert Hamilton, ib. — Robert Cathcart’s paper on Mr Renwick, 393 — con¬ ference at Frierminion, and exclusion of a party, 394 — Renwiclt’s attempt to regain them, ib. — testimony of William M’Hutehison against Renwick’s followers, 395 — Mr Houston and Mr Sliiels received by them, 396 — iuformatory vindication agreed on, 415 — ordain¬ ing of elders, 416 — conduct of Renwick’s followers as to the indulgences, 434,' n. — rescue of David Houston, 412 — their excommunicating of him after¬ wards, ib. — apprehension, trial, and execution of Mr Renwick, 446 — the preaching of Mr Shiels is the occa¬ sion of some strict searchings, 462 — vigilant search in the town of Edinburgh, ib. — their large colleciion of money for redeeming their transported brethren, ib. — their resolution as to those still unransomed, ib. See Cameronians. Soldiers, an inefficient order given that they pay for what they receive from the country people, iv. 207 — the extent of their cruelty, 239 — their cruelty and madness, 242, 329. Solemn league and covenant, act of council for burning it, iii. 362, 363. Somerwell, David, his examination before the council, iii. 129. Somerwell, Jatnes, of Drum, Iris conduct on Cesnock’s trial, ii. 92. Southram, William, ii. 129. Spaldie, William, forced to take the test, but afterwards repents of it, iv. 169. Speir, John, account of him, iv. 255 — his apprehension of Mr Boyd, ib. — his tragical death, ib. Spence, Samuel, fined, iii. 179. Spence, William, secretary to the earl of Argyle, put to the torture, iv. 95— council’s act for watching him, ib. — another act for his torture, ib. — his declaration, 95, 96 — sent to Dumbarton castle, 96 — made prisoner at Orkney, iv. 285 — his trial and sentence, 319, 320 — con¬ tinued reprieves, 320. Spottiswood, Robert, iii. 362. Sprat, John, plundered and fined for speaking to his own son, ii. 78. Spreul, John, town clerk of Glasgow, imprisoned, i. 75 —council’s act about him, 413 — liberated upon peti¬ tioning the council, ii. 196. Spruel, John, younger, liberated under bond, iii. 10 — liberated upon resigning his lands, 249, 269. Spreul, John, apothecary, his troubles for nonconfor¬ mity, iii. 252 — goes over to Holland, and apprehended upon his return, ib. — his examination before the coun¬ cil, ib. 253 — is put to the torture, 254 — is indicted, but his trial delayed, ib. — his conduct before the council when called before them for writing a petition for another, 254, 255 — his indictment before the justiciary, 255 — particulars of his trial, 255 — 261 — verdict that the libel is not proven, 262 — remanded to prison by the council, though liberated by verdict of the justiciary, ib. — is fined and sent to the Bass for field conventicles, ib. — liberated, iv. 412 — his petition to the council, ib. — their order for his liberation, and his conscientious and honourable conduct subsequently, 413. Stanfield, Philip, of Newmilis, tried and condemned for the murder of his father, iv. 437 — his abuse of John Welsh, who predicts his end, 438. St Ford, lady, her case, iv. 213. Steedman, Robert, ii. 333. Steel, David, barbarously murdered by lieut. Crichton, iv. 357. Steel, Robert, shot by the 6oldiers after Bothwell, iii. 108. Steel, Thomas, seized and imprisoned, iv. 257. Steven, Alexander, his examination before the council, iii. 129, n. Stewart, Matthew, fined, ii. 227. Stewart, William, his murder, iv- 240. Stevenson, Andrew, assists in rescuing James Kirkton, for which he is heavily fined by the committee of public aflairs, ii. 327, 328. Stevenson, John, his murder, iv. 240. Stevenson, Thomas and John, surprised at prayer, and shot, iv. 239. Stirling, John, a little indulgence shown him, i. 423 — his narrow escape, ii. 153. Stirling, Mrs, fined for a conventicle, ii. 326. Stirling, William, bailie of the regality of Glasgow, com¬ plained of for remissness, ii. 497. Stirlingshire, list of heritors processed there, iii. 407- warrant to sheriff-depute of, annexing it to district of Glasgow, iv. 117, 118— heritors of, attend and present an address to the lords commissioners, 132, 133 — bond of regularity offered by them, 133, 134. St Mungo, instances of persecution there, iii. 384. Stobie, Adam, of Luscar, fined and transported, ii. 158, 360— soldiers ordered a reward for apprehending him, 363. Stobo , Robert, shot without process by the soldiers after Bothwell, iii. 108. Stodhart, Thomas, to be prosecuted by the justiciary, iii. 217 — sentenced to banishment, 218— tried again and hanged, 234. Stopton, Henry, fined, iii. 387. Stonehouse, parish of, cruelty of the soldiers to a poor man there, iv. 183 — sufferings of eight men and two women there, 357. Story, Nicol, iii. 58, 61. Straelian, captain, ii. 49. Strachan, David, appointed bishop of Brechin, i. 237. Stramiglo, instance of persecution there, iii. 389. Strang, Alexander, before the council, ii. 159— refuses to take the oaths required, iii. 3. Strang, Christopher, process against him for being pre¬ sent at Pentland, ii. 39—48, n.— is executed, 48. Stralhaven, losses there by the Highland host, ii. 430. Struthers, colonel, iii. 400, 404. 5G4 INDEX. Stuart, of Allanton, heavily fined for not raising the hue and cry upon seeing some armed men coming from a conventicle, iv. 46 — fined, 136, 137. Stuart, Allan, of Kirkton, ii. 163. Stuart, Sir Archibald, of Castlemilk, fined, ii. 160. Stuart, Archibald, tried and executed, iii. 228. Stuart, Archibald, tried and executed at Glasgow, iv. 63, 6k Stuart, Charles, of Knock, his sufferings, iv. 175. Stuart , David, younger of Cultness, his deposition, iv. 232 — his trial, sentence, and reprieve during the king’s pleasure, 319. Stuart, Duncan, of the life-guards, murdered at Swine- abbey, iv. 152, 153— his widow recommended to the treasury for charity, 153. Stuart, James, his sufferings from the Highland host,ii. 429. Stuart, James, advocate, proceedings against him for treason, iv. 231 — his character, 232 — condensed account of him, ib. n. — draws up Argyle’s declaration of war, 284. Stuart, James, of Hartwood, fined, iv. 46, 136, 147 — his case, 213. Stuart, James, is criminally processed, iii. 285— is con¬ demned and executed, 286, 287. Stuart, Sir James, provost of Edinburgh, seized, i. 63, 78 — information against him for a sermon of his chap¬ lain, 304— a committee appointed to examine him, ib. — his son imprisoned, ib. — imprisoned, 425 — sent pri¬ soner from Edinburgh to Dundee, ii. 99 — his place of confinement changed, 119 — is liberated, 146 — liberated on bond, 496. Stuart, Sir James, son of last, brought to trouble for “ Scotland’s Grievances,” ii. 292, 293 — his cabinets opened by order of the council, 294 — brought to much trouble after the earl of Argyle’s escape, iii. 342. Stuart, John, his case, ii. 341. Stuart, lieutenant, ii. 430. Stuart, Matthew, heavily fined, but gets a remission from council, iv. 43. Stuart, Mrs, fined for a conventicle, ii. 326. Stuart, Patrick, his treachery, iv. 248. Stuart, Robert, shot in the fields, iv. 177. Stuart, Sarah, her unparalleled case, iv. 337. Stuart, Sir Thomas, of Cultness, his estate forfeited upon suspicion of having supplied with meat and drink per¬ sons going to Botliwell bridge, iii. 113 — his trial for treason, iv. 231, 277. Stuart, Walter, second son of Sir James, imprisoned for seditious expressions, i. 304. Stuart, William, shot without process, iv. 240. Supremacy, act regarding the king’s, passed in 1669, ii. 137, n. — remarks on it, ib. n. 138— displeases several prelates, 139 — remonstrance of the bishop and synod of Glasgow against it, 142, 143. Sutherland, William, hangman at Irvine, refuses to hang the persons concerned in the Pentland rising, ii. 54 — his declaration and examination, 54 — 58, n. Sweet singers, see Gib, John. Swine-abbey, two persecutors murdered there, iv. 152 — council’s act empowering soldiers to kill in the fields without process after this murder, 154. Swinton, lord, apprehended, i. 65 — his process with heads of his indictment, 216 — forfeited by parliament, but favour shown him, 217 — his case printed after¬ wards, ib. 413. Sword, Andrew, his indictment for being at Bothwell, iii. 137, 138 — is condemned and executed on Magus muir, 139, 140. Sytners, Alexander, prosecuted, iii. 266, 267. Synods, in Scotland meet, i. 61— illegal attacks upon them, 214— discharged by a letter from the king, 248 —proclamation to the same effect, 249, n.— reflections on the proclamation, ib. Synod, national, bishops of Brechin and Dumblane and some of the inferior clergy move for one, to check the arbitrary government of archbishop Sharp, ii. 300. T Tacket, Arthur, executed for being at Bothwell bridge, several years after the battle, iii. 112. Tacket, Arthur, iii. 47— tortured, sentenced and execut¬ ed, iv. 66, 67. Tala-lin, proclamation upon a meeting of the society people there, iii. 375, 376. Tarbolton, parish of, processed for an insult on the cu¬ rate, iii. 246. Tarras, earl of, his trial before the court of justiciary, iv. 224 — copy of the indictment, ib. — copy of the earl’s confession, 225 — Philiphaugh and Gallashiels adduc¬ ed as witnesses, 226 — sentence, ib.— remission as to his life, ib. — receives back his lands, 387. Taylor, William, his sufferings from the Highland host, ii. 429. Temple, William, taken at a conventicle opposite the Bass, tried, and banished, ii. 477 — 479. Tenants, masters obliged to produce them when requir¬ ed, iii. 60. Tenant, James, sentenced to be executed, iv. 151. Test, act regarding it, iii. 295, 296 — form of it, 296, 297 — remarks on it, 297, 298 — its rise and manner in which it passed parliament, 298 — earl of Argyle opposes the act, ib. 299 — additional act about it, 299, 300, n. — most of those in office take it, 300 — several persons who refuse to take it, 300 — 302 — privy councillors take it, 302 — grounds whereupon some conformed ministers scruple to take it, 306 — 308 — council’s act explanatory of it, 309, n. — king’s approbation of it, ib. n. — act about ministers who refuse it, 312 — council’s letter to the king about it, 359 — list of jurisdictions at the king’s disposal, by their possessors not taking the test, 359, 360 — report about vacant parishes by ministers refusing the test, 360 — proclamation continuing the diet for taking it, 430 — imposed at Glasgow on persons suspected, iv. 169 — instances of persons who were forced to take it, who afterwards repented of it, ib. 170. Thanksgiving, public, act of council appointing a day of public thanksgiving for the queen’s being with child, iv. 438 — act appointing another for the] birth of the prince of Wales, 441. Therapeutica Sacra, by David Dickson, licence granted by council to print it, i. 376. Thom, Robert, his apprehension, iv. 250 — circumstances of his murder, 251. Thomson, Edward, one of the immoral curates, i. 333 — Kirkton’s sketch of his life, 334, n. Thomson, Gabriel, tried and executed, iv. 152. Thomson, James, processed criminally, iii. 5, 195. Thomson, John, his examination before the council, iii. 129. Thomson, Thomas, his sufferings, iii. 406. Thomson, Walter, twice fined for the same fault, iii.442. Thomson, William, ii. 212. Thomson, William, tried for being at Bothwell, tec, iii. 280, 281 — his confession, 282 — is condemned to death, ib. — and executed, 284. INDEX. 565 Threpland, Euphame, sketch of her sufferings in Dum¬ fries and in confinement afterwards in Duunotter castle, iv. 326, 327 — how she escaped transportation, 328. Thumbkins, council’s act about them, iv. 33. Tingwall, curate of, his activity in causing fines to be imposed there, iv. 168. Tinnergarth, curate of, instances of his severity, iii. 383. Toleration, the first to the presbyterians, its chief design to favour the papists, iv. 417, 419 — by it an oath is sub¬ stituted for the test, ib. — its effect on the religious con¬ dition of Scotland, 424 — the second toleration to dis¬ senters, 424, — the third, 426, 427, — address of thanks from the presbyterians to the king for it, 428 — to the Scots episcopalians, 429 — the improvement presbyte- rian ministers made of their toleration, 432, 433 — king William’s opinion of the toleration of king James to dissenters, 435 — the fourth, 440 — disposition of go¬ vernment to prevent presbyterians from enjoying the benefit of it, 455, 456. Torbran, William, his sufferings, 491. Torphichen, lord, processed for not informing about a conventicle, iv. 47. Torwood, conventicle there, ii. 159 — Donald Cargil ex¬ communicates the king, duke of York, &c. there, iii. 224. Torwoodlie, lady, iii. 61. Touch, Jasper, his sufferings, ii. 3, iii. 425, 426. Trail, James, minister at Montrose, letter from Wodrow to him, i. xxiii, xxiv. Trail, Robert, his speech in his own defence before the parliament, i. 200— 203— letter from him while in pri¬ son, 203 — cited before the council, 313 — is sentenced to be banished the kingdom, 313, 314 — subscribes his ac¬ quiescence to his sentence, 315 — the time of his con¬ tinuance in Scotland prorogated, ib. — goes over to Holland, but returns and dies in Scotland, 318. Trail, Robert, son of last, examined before the council and sent to the Bass, ii. 356. Trail, William, prosecuted for appointing a fast, iii. 263. Turks, levy made against them, i. 354. Turnbull , George, fined, iii. 9. Turnbull, Thomas , dies in prison by severity and hard treatment, iv. 177. Turnbull, Thomas, forfeited, iii. 251. Turnbull, Walter, forfeited, iii. 251. Turnbull, - twice fined for the same fault, iii. 442. Turner, Archibald, examined by a committee of coun¬ cil for requesting a national synod, ii. 302 — his paper of submission, upon which he is reponed, 316. Turner, Sir James , receives a letter of thanks from the council, i. 373 — his character, 374 — his share in inflict¬ ing hardships on presbyterians in 1664, 411 — chancel¬ lor’s letter to him, 412— his grievous oppression of the west and south of Scotland in 1666, ii. 8, 9, 17 — instan¬ ces of it, 9—11, n.— is taken prisoner, 18— his captors deliberate what they are to do with him, 24 — letter from the king requiring the council to inquire into his conduct, 101 — a committee appointed for that purpose, ib. — many things proven against him, ib. — report of the council about him to the king, ib. 102 — the king’s directions about him to the council, 103 — he delivers up his commissions, ib. — he states his accounts with a committee of council, ib.— his commission, iv. 5, 6 — his conduct towards Barmagechan, 334. Tweeddale, earl of, processed before the privy coun¬ cil in James Guthrie’s trial, i. 219— the king’s let¬ ter to the council, ib. — is imprisoned, ib. — his petition to the council, ib, 219, 220 — correspondence between the king and council regarding him, 220 — a committee ordained to examine him, ib. — his declaration when examined, ib. 221 — confined to his own house under a penalty, 221 — remarks upon this treatment, ib. — re¬ leased from confinement by the council, 256 — made president of the privy council, 380 — made an extraor¬ dinary lord of session, 417 — instrumental in obtaining the indulgence, lxix, lxxii. ii. 115, 129 — goes up to court for that purpose, 129 — returns with the king’s letter containing the first indulgence, 130 — process against him for an alleged field conventicle at his house, iii. 196 — brought to trouble about a conventicle, iv. 47. Tweedale, William, liberated upon resigning his lands, iii. 249. Twinam, instances of persecution there, iii. 383 — the op¬ pressions of captain Douglas there, iv. 183. U Universities , act concerning masters of, i. 266. Ure, Andrew, his conduct to Peter Gillies, iv. 245. lire, James, sufferings of himself and family, iii. 408, 409. Urquhart, Adam, laird of Meldrum, several honours heaped upon him for his activity and persecution, iii. 57, 58 — process against him, 240 — his commission re¬ newed, and new instructions given him, 242, 243 — com¬ missioned to bear down conventicles, 369, 374 — tenor of the act whereupon commission was granted him, 378 — 380 — council’s instructions in prosecution of his commission, 423, 424 — Iris severities in Mid and West- Calders, 426 — fines Pringle of Torwoodlee, iv. 228 — his generosity to that gentleman afterwards, ib. Urquhart, captain, letter regarding the killing of, iv. 198. Urquhart, James, imprisoned, iv. 196. Urquhart, Sir John, ii. 366. Urquhart, Thomas, imprisoned, ii. 112. V Veitch, James, minister at Mauchline, his sentence, i. 297 — summoned before the council for breaking his in¬ structions when indulged, ii. 296— process against him in 1681, iii. 269— council’s procedure against him in 1684, iv. 37. Veitch, John, his sufferings, iii. 196. Veitch, William, forfeited, 73 — process against him, 73— 75, n. — after his forfeiture, retires to England, and after preaching several years there, is apprehended and put in Morpeth gaol, iii. 6, 7 — Lauderdale’s letter to council regarding him, 7 — his examination before a committee of council at Edinburgh, ib. — council write about him to Lauderdale, 7, 8 — is ordered to be crimi¬ nally processed, 8 — after several delays, by a letter from the king he is liberated, 9 — spring of this sudden turn in his favour, ib. — he accompanies the earl of Argyle through England, upon his escape from Edinburgh, 338 — his alleged connexion with the Rye-house plot, iv. 224 — his mission to Scotland, 284 — his apprehension and imprisonment in Edinburgh, 345. Vernon, John, ii. 158, 159. Violet, William, copy of his warrant to uplift his stipend, ii. 295, 296, iv. 46, 47. Violent, William, appointed to draw up the grievances of the indulgence, ii. 207, iv. 46, 47. 56G INDEX. Vessels, masters of, proclamation, for their oaths, iv. 116, u. W Waddel , John, his indictment for being at Botincell, iii. 137, 138— is condemned and executed on Magus muir, 139, 140- Wulker, George, his apprehension and execution, iv. 252. Wulker, James, seized and imprisoned, iv. 257. Walker, James, liberated upon resigning his lands, iii. 249. Walker, Patrick, banished, iv. 47. Walkinshaw, Gavin, fined, ii. 226. Wallace, - , his murder, iv. 241. Wallace, Hugh, cash-keeper, his petition, iv. 3— suborns Ingram to witness against Cesnock, 90. Wallace, colonel James, extract from Dr M'Crie’s notice of him, i. 305—307, n. — proceeds to join the in¬ surgents in Galloway, ii. 22— chosen commander-in¬ chief, 23 — retreats with his army before Dalziel, to Rullion green in Pentland hills, where he is defeated, 30— escapes to Holland, 34— indictment' against him, 66—69, n.— is forfeited in life and fortune, 70— process against him, 70 — 73, n. — his persecution in Holland, 343, 344. Wallace, John, ii. 270— his indulgence at large declared void for breaking his confinement, iii. 5. Wallace, John, shot without process, iv. 240. Wallace, John, of Knockybae, spoliation of his effects, iv. 337. Wallace, Robert, appointed bishop of the Isles, i. 237 — his character, ib. — stipend of Barmvel. given to him, 383. Wallace , Sir Thomas, of Craigie, made justice-clerk, ii. 317. Walivood, Robert, fined, ii. 157. Wardlaw, John, denounced, iii. 267. Wardlaw, Patrick, fined, iii. 179. Wardrop, Alexander, of Dalmamock, fined, ii. 321. Warner, Patrick, ordained at London, and minister at Fort St George, iii. 394 — returns to Scotland, and preaches in the fields and elsewhere, ib. — is taken pri. soner, and examined before a committee of council, 395 — particulars of his examination, ib. 398 — great pains taken unsuccessfully to get matter of accusation against him, 398, 399 — act for his liberation, 399, 400 — retires to the north of England, where, though no¬ thing is laid to his charge, he is imprisoned, 400, 401 — is liberated upon taking the oath of allegiance, and goes over to Holland, 401, 402 — his introduction to, and interview with the prince of Orange, iv. 436. Warner, Thomas, council's act against him for non¬ compearance when cited, iii. 4. Warnock, William, fined, iii. 425. Warriston, Archibald Johnston, lord, proclamation for apprehending him, i. 64, 65 — large reward offered for his apprehension, 84 — heads of his indictment, 216 — decreets of forfeiture passed against him, ib. — his for¬ feiture publicly intimated, 243 — leaves the kingdom, 355 — injured in body and mind by a surgeon hired for that purpose, ib. — goes to France, where he is seized, 355, 356 — is brought over prisoner, and confined in the Tower of London, 356 — from thence he is sent to Edinburgh, ib. — his friends permitted to see him, ib. — is brought before the parliament, where a vast change appears upon him, 356, 357 — his sentence hastened by Lauderdale, 357 — the bishops not humoured as to the day of his execution, ib. — Sic George Mackenzie’s ac¬ count of his last appearance, with remarks, ib. n. — his conduct and speech at the place of execution, 358 — 360, n. — remarks upon his compliance with the Eng¬ lish, 361 — the true reason of the severity exercised to¬ wards him, ib. — his character, ib.— his diary, 362 — act of council against selling his speech, 418. Watson, Andrew, his infamous conduct to the wander¬ ers, iv. 243 — account of him, ib. — discovers a cave, the haunt of his former associates, ib. Watson, James, banished, ii. 163. Watson, John, fined, iv. 52. Watson, John, his sufferings, iv. 184. Watson, Robert, barbarity of the soldiers to him, iv. 175. Watson, Thomas, killed at Ayrs-moss, iii. 220. Watt, John, tried and executed, iv. 152. Watt, John, his sufferings, iii. 493. Wauch, George, ib 212. Wauch, John, ii. 223. Webster, James , imprisoned for being at a prayer meet¬ ing, ii. 484 — further account of his hardships, 485. Wedderburn, Alexander , sent for to Edinburgh, ii. 178 — his speech there on the proposing of the accommodation, 180, 181 — appointed to draw up the grievances of the indulgence, 207 — before the council, 224 — bruised by ons of the Highland host, which occasions his death, 429 — his character, ib. 430, n. Wedderburn, James, intereommuned, ii. 325. Wedderburn, major , bis orders regarding conventicles iv. 211. Weems, Margaret, lady Colville, relaxations of her im¬ prisonment, iv. 213. Weir, Hugh, liberated upon resigning his lands, iii. 249. Weir, John , intereommuned, ii. 325. Weir , John, liis apprehension, iv. 250 — circumstances of his murder, 251. Weir, captain Thomas, his gallant behaviour at Bothwell bridge, iii. 107. Weir, William, prosecuted, ii. 210, 224. Welsh, John, letters of council against him, ii. 4. — is pre¬ sent at the engagement at Pentland, but escapes, 34 — is forfeited in life and fortune, 70 — process against him, 70 — 73, n. — Sir George Mackenzie’s account of him, 244, n. — reward offered for his apprehension, 234, 237 — a conventicle held by him, 234, 238, 243 — retires into Northumberland, 342 — returns, 346 — proclamation against him, iii. 15, n. — exerts himself to prevent divisions, 23 — with a party after Drnmclog, buries at Glasgow the heads of the sufferers for Pentland, and some others, 90 — heads the moderate party before the battle at Bothwell bridge, 91 — assists in publishing a declaration at Glasgow, 94 — forfeited and imprisoned, iv. 235 — orders about his execution, ib. — sentence, ib. — resolution to petition for a remit for him, ib. — an in¬ sult offered him while preaching, 438. Welsh, William, executed for being concerned in the Pentland rising, ii. 53. Welwood, Dr James, iv. 48. Welwood, John, turned out of _liis charge at Tarbolton, ii. 357. West, answer out of it, to a question out of the north, iii 163—167. West and South of Scotland disarmed, i. 422. West Colder parish, cruelties exercised there, iv. 257 — conduct of the curate, ib. — that of the Highland mili¬ tary, ib. West-kirk, account of the act of the, i. 47, 48. INDEX. 5G7 Wharry, John, condemned and executed, iii. 4S4, 485. Whipping, this punishment, with branding to be inflict¬ ed on the mass of poor persons who on account of re¬ ligion, had been crammed in the jail of Glasgow, iv. 210. White, major, iii. 112 — his instructions when appointed to command the forces in Lanarkshire, 3(59, 370 — tenor of the act whereupon the commission was granted to him, 378 — 380 — bond pressed by him at Kilmarnock, 386 — his commission enlarged, 423— instructions to him, ib/423 — his severities in Carmunnock and Argyle- shire, 424 — 426. Whitebanks, lady, intercommuned, ii. 2S6. Whiteford, lieutenant, dismissed for being a papist, ii. 232. Whitelaw, John, tried and executed, iii. 474. Whitslaid, lady, fined for a conventicle, ii. 326. Whytefield, John, his case, iv. 212. Wigton, Anna, countess of, fined, ii. 193 — decreet against her, ib. 195, n. Wilkie, James, to .be prosecuted by the justiciary, iv 217 — sentenced to banishment, 218 — re- tried and hang¬ ed, 234. Wilkie, John, ii. 4 — his trial and examination, 113 — 115, n. — is confined to Moffat, ib. Wilkie, Thomas, taken at a conventicle, and imprisoned in the Bass, iii. 61 — fined, 446. WUkison, James, sentenced and executed, iv. 234. William, Icing, his opinion of king James’s toleration to dissenters, iv. 435— regarding presbyteriauism in Scot¬ land, 436 — his declaration on invading England, 467 — his arrival, 469 — copy of the declaration, 470— its ef¬ fects in Scotland, 472— he is treated with by the no¬ bility, and proclaimed king, 476— his transactions with the Scots, ib. Williamson, David, intercommuned, ii. 286 — his perse¬ cution, even in the days of the toleration, iv. 456. Williamson, John, liberated upon resigning his lands, iii. 249. Williamson, Ralph, gives security to transport those taken at the conventicle of Williamwood, ii. 476. Williamson, Thomas, his examination before the coun¬ cil, iii. 129, n. Williamwood, conventicle at, ii. 475— decreet passed against those who were taken at it, banishing them to the plantations, ib — list of them, 476 — when the ship reaches Gravesend they are set ashore, and get home, ib. Wilson, Agnes, her condemnation and imprisonment, iv. 247 — her outcast condition, ib. — occasion of her appre¬ hension, ib.— imprisonment, 248— her trial, sentence, and bail, ib. Wilson, Alexander, intercommuned, ii. 325— sufferings of himself and family, 483, 484. Wilson, Gilbert, his circumstances and character, iv. 247— that of his wife and children, ib.— his troubles, and death, ib. Wilson, John, processed, iii. 457— his examination be¬ fore the council, 458— 460— his sentence, 460— his con¬ ference with Sir William Paterson, 461, 462— is exe¬ cuted, 462. Wilson, John, persecuted, iii. 493- Wilson, John, executed for being concerned in the Pent- land rising, ii. 52. Wilson, Joseph, his apprehension, and instant murder, iv. 252. Wilson, Margaret, her circumstences and character, iv. 247 — occasion of her apprehension, ib.— imprisonment, 248— her trial and sentence, ib.— her constancy in re¬ fusing the abjuration oath, ib.— her farewell letter, ib. — circumstances of her barbarous execution, ib. _ re¬ cords of this case found in the council registers, 249. Wilson, Patrick, banished, ii. 190. Wilson, Thomas, his circumstances and character, iv. 247. Wingate, John , his case, ii. 341. Windram, major, his commission, iv. 5, 6, 49 _ oversees the execution of Margaret M‘Laughlan and Margaret Wilson, 248, 249. Winning, James, tried and executed at Glasgow iv 63 64. Winnington, Sir Francis, his speech to the English house of commons, iii. 27, n. W inton, earl of, ii. 366. Wiselieart, George, appointed bishop of Edinburgh, i. 236 — his character, ib. Wiseheart, William, imprisoned by the committee of estates, i. 75— supplication for him with the council’s answer, 222— intercommuned, ii. 286. Wisheart, William, in prison, iv. 38— order for his tran¬ sportation, 199— terms of his liberation, 214. Witches , trials of, i. 244, 334, n.— remarks on their ex¬ istence, 334, 335, n. Wodrow, James, father of the historian, his birth and eduaction, i. i.— licensed to preach, ib.— is appointed one of the ministers, and afterwards professor of divi¬ nity at Glasgow, ib.— his character as a professor ib ii.— ii. 263,321, iv. 434. Wodrow, John, executed for being concerned in the Pentland rising, ii. 52, 53, 5S. Wodrow, Robert, the historian, his birth and education, i. ii.— chosen librarian to Glasgow college, ib.— takes great interest in the study of natural history, iii — H censed by presbytery of Paisley, and ordained minister of Eastwood, ib.— becomes a popular preacher, iv.— sent to London by the general assembly to plead the rights of the church, v.— writes his history, vi —per¬ sons to whom lie was indebted for encouragement and aid in that undertaking, vii. — x. — its reception from the public, xi.— receives L.100 from the king in token of his approbation of his work, xii. — his other labours, xiii. — his correspondents, ib. xiv., xvi.— his conduct in the case of professor Simsnn, xiv., x v.-his opinions on the Marrow controversy, xv— and about subscription to articles of faith, xvi.— declines in health, ib.— his death, xvii.— account of his family, ib. xviii.— extracts from his correspondence, xix.—xxxi.— suffrages of several eminent men in favour of his work, lii._ his claims to the best quality of an historian, proved by his statements never having been questioned at the time of their publication, liii. — by his not only giving his own narrative, but likewise the original documents liv— by his veracity being established by the testimony of cotemporary historians, and other published sources of evidence, lv.— many objections to his history have their origin in the subject matter of it, ib. Wood, Alexander, takes the test, iii. Wood, George, shot by a trooper, iv. 457. Wood, James, principal of the college of St Andrews cited before the council,!. 370-his character and treat! ment before the council, ib.— his sentence, ib.— his pe¬ tition and the council’s answer, 371— the primate visits him on his death-bed, and spreads a report of his having changed his opinions on church government 403, 404 — he vindicates himself, 404. Wood, James, before the justiciary, iii. 137. Wood, Thomas, tried and sentenced, iv. 166, 167. 5G8 INDEX. Wright, John, banished, ii. 108. Wylie, - killed in a scuffle, iii. 438. Wylie, Robert, imprisoned and brought to trouble, ii. 419, 475 — falls sick in prison and then liberated under caution, iii. 10, 96. Wylie, Thomas, sentence against him, i. 300 — narrative of his treatment, ib. — has a communion in Kirkcud¬ bright, ib. — a party sent soon after to apprehend him, ib. — goes secretly into Edinburgh, ib. — returns to his house by the commissioner’s permission, 301— reflec¬ tions on the act against him at Glasgow, ib. — he waits on the commissioner at Kirkcudbright, ib. — brings his family to Lothian, ib. — his draught of grievances in 1662-3, 302 — is permitted to come south, 313 — allowed to come to Edinburgh, ii. 142 — commission given by him and the session of Fenwick to Rowallan to bear down vice, 278 — his representation and supplication to the council regarding their act with respect to the indulged, 336 — 338 — his thoughts upon the 6 rules en¬ joined to be observed by the indulged ministers, 338 — 340 — his thoughts on the indulgence and accommoda¬ tion, i. lxxvii. lxxviii, Y Yetholm, church of, letter from council respecting pre¬ sentation to it, i. 250. York, James, duke of, ordered to be prayed for, i. 247- retires from court upon a letter from the king, iii. 27, 28 — house of commons bring in a bill exluding hitn from the succession, 29 — returns from Holland and increases in influence with the king, 153, 154 — comes to Scotland and is met by the council with great so¬ lemnity, 174 — liis presence heightens the severities against presbyterians, ib. — the king’s letter for admit¬ ting him councillor without the oath, 175 — returns to England, 233 — council’s letter to the king about him, ib. 234 — returns to Scotland, 238 — council’s fulsome letter to the king upon his arrival, ib. 239, n. — a pre¬ tended plot against his life, 239 — his progress to Lin¬ lithgow and Stirling, 347 — and to Glasgow where a protestation is put into his hands, 348 — narrowly es¬ capes drowning when returning from England, 365- letter of the Scotish bishops to the archbishop of Canterbury about him, ib. n. — council’s letter about him to the king upon his going to England, ib. 366, n, — progress of his designs at the death of Charles II. iv. 199 — his being proclaimed, 200 — remarks on the proclamation, ib. See James VII. Young, James, chamberlain of Evandale, before the council, iii. 474 — fined, iv. 136, 147. Young, Sir John , takes the oatli of allegiance, ii. 235. Young, John, one of the sweet singers, iii. 349. See Gib, John. Young, Robert, his case and sufferings, ii. 212. Young, William, sentenced and executed, iv. 69 — ac¬ count of him, ib. 70. Yule day, kept with solemnity at Edinburgh in 1662, i. Zuil, John, his sufferings, iv. 188. GLASGOW: HUTCHISON AND BROOKMAN, PRINTERS, VIII, AFIELD. ERRATA. Vol. I. p. vi. 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