THE

.Scotch-i-Mil’t

To prevent Engli/kmen'from'being we: to the skin.
Being a true Account of the Proceedings againii Archibald
Earl of Argyleflor Hzg/J-Treufim. Wherein are contained
:IEight Reaions of f'everal Conformable Minilters in "Staff
land againft the-Tefi: , I. The‘Confeiliion of Faith.

, *e. The Tel’r. 3. The Earl of Argyle: Explanation.

' 4. The Explanation of the {ecret Council. ' suThe
Charge againfl the faid Earl.- 6. His Trial. 7. The A8:
concerning the Tel’r. With Animadverlions upon the
wholeAfliair. ‘ ' ‘ ' a " “

:rre INTRO D at T1 0 N.

'H E Church ofSrotland after hard labour, and many .
{harp pangs. caufed by the firuglin g of Contrary
Interel‘ts in her Womb, V was happily delivered of a
bleil'ed Reformation in the main points of the Chri-
itian Faith, Anna 1560. In which a Parliament be-

’ ing called by the allowance of the King and (been,

(at that time refiding in France) fat down, and on the 17 of 7m,

 

. the Confifllm of Faith, confiflzing of 26 Articles, was unanimoufly

agreed upon. in which Parliamenttwo others am the one againit
the ail/4]}, the other for Abolilhing the Pope, and his 'UFUrped

' ' power in Scotland, were pafl‘ed by the States.

But Sir fame: Sandelandr, Lord of St. film, who was ’difpatcht
over into France, to procure the Ratification of the Confejfionhy the
’ A ' @677,

 

. “t *2) -

1s. ggm, could not preVail' for the Royal Aflént, the (been being a
feat Zealot for the Papal Heterodoxies ;fo that for fome time that
tamous Conftflion, . thOthh owned-as the Teltsof the whole Pratt/tam:
Part , could not glory to be the National Religion, or the ltandard

of ruth to the whole Kingdom, 9
’ , In the year 1567, King 7amés'the fixth being happily Crowned
in his Cradle, 172:1} 2 , .a Parliament was held at Edehhttrgh on the
15. of Detemh, in whigch fame: Earl of Murray being conl’tituted Re-
gent during" the "Kings Minority, the former Confe/fiah of Faith was
ratified in Term:,arld made the ftaple DoEtrine of the Realm ; when
it was further Enac‘ted, that fuch as oppofed that Confe/fioh, or re-
fufltd to participate of the Sacraments, as they were then minillred,

 

{hould not be reputed for member: of the Kirkwithin that Kingdom. (‘f‘
. And'that they might forever after (as far as the wifdom and p'o-
licy-of man could reach) prevent the Apoftalie of the Nation from i

the Faith then folemnly owned, and its Relapfe into Popery and ‘ i
Idolatry, fiitwas Ordained that all Kings, Princes, and Magiftrates,
Ihould at the...time of. their Coronation, or Receipt of their Prince-
1y Authority, take their area; 04th in {the Prefence of God, That
they/hall maintain the true 'Relig't‘bh offifm Chrifi‘, the Preaching of a
his hob: Word, and due Adminiflmrim of the Sacrament: then received,“ ‘5
’ andjhallaholiflz allfstlfeReligim ‘commry‘to the fame. . ' .>

. In this eminent advance towards a perfeét Reformation, Mr. {fohw
Knox was a great .Infirument, a perlbn of whom nothing, moderate, a:
nOthing mean is fpoken, by any that have had, or made an occafion; '

tomentienhis name; with- fome-vhe hears-no lefs than. feditious, tur-
bulent, fat’tious : amonglt thofe of another temper he is recorded, ‘
pious, learned,zeaiou‘s. ...But to {peak a great plain truth, as any one
is engaged in, or leaning to the Popilh or Protel'tant lntere‘ft, f0 is ' j
/

 

he either extolled to Heaven, or decried-to the pit of Hell. '
Balls (in Century 14.)Charaéterizes him as a perfonof great Lite?» 1
mmre,wanderful Caumge,_notable zeal, and fingular fuccefs in Preach-
ing the Gofpel of Chrilt, almoft then a (hanger to thofe Northern» ;
Climates. Btu {tiles him the Ape/He of the Scott, magnifies his preg- 4
mm Wit, his Education under film Major ', his fu-rpalling his TU°~ .2
‘ tor, hisearly receiving the light of the Gofpei: 3.. hisVRenuneiation
of Popery, his undaunted Profeflion of the Faith before his enemies;
his COndemnation by them, his Exile in England; his nearnefs to}
King Edward the Sixth, and, an, other made whim of aiBilliOprick,
which he with much modefl'y and (elf-denial. refufed
Melchior Adam in his Life, is large upon this fubieé‘t‘ ; nor yet do.
there want others whohave employed their Pens to throw Ink 1m
. . ~ twig:

Wria;flr_mmi ,7 . 1’;

far .. . . . a <3 1 .- - A

' "13%“: the face of “ this great man, , who handing in a place'fopublick, and
”3” bearing f0 confiderable a figure m the .9601in Church, and inforeggn

, -, gin parts 'alfo, ’twas impoilible but his virtues and vices Inuit be confpié
r‘ cuous,‘neither of whichwould wanttheir utmolt aggravations and
‘ ‘ ' ‘ flraining, as they fell in the way~ of the contelhng parties. ,

But that which in my judgment‘is his; greatell: ornament, and an
atteltation from Heaven it, felf, is thisrThat that Confejfiamfl’aitb
compofed by him, and afterwards confirmed by the-firlt Parliament
of King 3’4me5 the Sixth, notwithlltanding the many bickerings and
fierce contelts about Religion, which have difquieted that poor
Kingdom, whatever alterations. have been made in Worlhip, leCir

line, and Government Of’tthChurc‘h;yetltjll this Canfeflim has

oOd asthe Openly avowed Doctrine of the Realm; andconfider-
in g all circumltances, ’tis very probable that no force or power will '
be able to extort it out of their hands. _ , _

A prefumptive Argument whereof isthis, That whereas the name
of Mr. 705;: Knox be. grown into contempt among many of them,
hisDifcipline hatedto the _death,’.his Principles as coMonarchy
rendred odious, yet no attempt (at leaft none fuccefsful) ha‘sbeen
yet made to repeal that syfteme Of Doétrine penned by himand his
Brethren: Inmeuch that when this prefent year f91681:, an 0th
was impofed by the Parliamentto be taken bY‘all that'lzm anypuhliclg
Trig/f; thisConfefiion Was, referred.totthereigxas theimeafm‘fiOf the
common belief, the Tel’t of the pnblick-Orthodoxy,‘ and the {tan-
ding fcale of the Proteftant Religion current in the Nation.

.__ w —r wjvr—

O f the C Mféfim oftbe Faith Owned 2'}: flat: Chard) ngCOtland,

_ ~ HE late ImpeaChmsnt: 9f Jrvkibddfiarl9h.Argyze.,forHigh
. . . ' Treiafon, ~asi1£ <ha‘"th;-bs§9{°nf9m timez'thezordiearrflcme
‘QfDii-"COWCS add 56631155 the? aid Earamared in {o tmiillfintga
Charafter as one of the Lords Of his Majelties moltHonWMble So-
.cret Council, and a Commzflioner in the.7?’mfirry,.{9fl§ces of . great H04 ,
nour and Trul’c) it feeme‘d hard to congeive what temptationsrcom

he‘flr9n3,6n°ugh..toreduce rhimx'ffmnlfisrélleamosy 2. ,
gThégmore.Inqiiifitivsiipérf éffm‘enzgvvhsrlaboarensormmfomwd

the WWW, " Wérélfoon’inférmed; ,That.1Wl3Q¥:ea$“i-an;04tb orfeflra
bemke’n by allp‘erfim in‘p’ublz‘ak Tm/f, was impofed by" vertue of'an
" errata} A2. . A“

MA ,___._~

,‘-( ,4 )1

Q45? an’mt Religion; and the Telt' made atEdcnburgh the left daycl’,
Align/1‘, One..thurfand, Six hundred, Eighty and one, the fald Earl had
put all-Interpretation upon it before the Secret Council, when called
on to take the faid Oath according to the duty ofjhis place. This
action of his was cenfured by fome as ralh, and unadvifed, by others
as Chriftian, and confcientious ;; and diversmen gave their, divers
judgments thereof, ,as interefls, .. or afl‘eé‘tionx or, perhaps as better.
information dietated‘to, them, til] at ulaltjfitywas rchi‘tcd, that his faid
IuterpretationpurportedIreafon,andthatzhewouldbe tried upon
it for his Life, his Honours, ; and whole Eltate. , i
No fooner did his ,ExPlanation or Interpretation of theOath ap-
pear in Print, but "the judgments, ‘_ conjectures, and gueflfes of all
men werehard at -work,ito divinfiegwherein the Treafon imputed
to it {hould lie", for the-fuperfiCial Readers could difcern in it noé
thingvbut what was rational, loyal, modeft, and becoming a good
Chriltian, but the more prying and politick heads foon d.ifcovered a
vein of molt horrible Treafon lurking in it. And becaufe all men
are not of; the fame depth of judgment, but fome are apt; to make -
ahalty and flighty’ judgment offlmatters, l have thought inconvenie
entat‘o give them what fatisfaétiOn I could arrive to my felf, and ‘to
lay before the world whatever of Treafonablenefs and difl0yalty I
could find therein. _ .. a V .

. And becaufe the aforelhid oath doth ‘in'the firfl: placerelatc to
the Confefiiomf Faith before mentioned, it is abfolutelyneceflhry.
that l give/fame account thereof, as humbly conceiving it impofliv'
ble to come toa determination, whether the Earl had jufl: ground
for his fcrupulous halitancy in fubfcribing before it be cleared, What
the Tenor an'dWafCOnfcmonis, to which Subfcription
is fo peremptorily required. 5-? ’f . _ .3

This Confeffion’ is 'co‘mpr'ifed in 25 Articles: The "1. of God:
2., Of the Creationof man: - 3. Of Original Sin: ,4. Of-the Rev;-
lation of the .Promife ': 5'. The continuance, 'prefervation and em
creafe of the Church; ‘6‘. thhe Incarnationof Jefus Chrifl:-—; 7.Why
- it'behoved thee-Mediator to be very God,__rand=very Man: 8. Of
‘ IEleétionE 90f Ghrilts Death, Pallion'arid "Enrial: 10. Of the
*'Refurre€tionf:j iii—701,7;hi‘sJAfccnfion:‘ 12‘. Of Faith in the Holy
Gholtz- Igofithei ca'u'fe 0f Good-works: '14, What works are g
reputedgtmd beforegGod i 5. " Of the perfection of the Law, and
f'thelrimperfeétion 0f -mau-‘:‘_'_.'1’6,_, Of the Church; 17. Of the lm.
mortality of theSbnl'i“138%“.Oflthé Notes bythe which the true
iiChurchis difce‘th‘é‘d? _frem§ciie4,fatr¢, andgwho .lha‘ll be Iudg 0f the
rQofirjne; ‘5'1-‘9’4f20l73the Authority. of «the; Scriptures. : . i _ 20,. GOf. t1;

 

 

“‘ Ir VY‘WW '4

‘ ( s )‘ .
Genera-liCouncils, of their power, authority, and cauie of their
Convention : 21. Of the Sacraments: 22. Of the right admini-
itration of the Sacraments: 23. To whom Sacraments appertain :,
24. Of the Civil Magiitrate: 25., Of the Gifts freely given to the,

- Church. .

* From thefe naked Heads, and bare titles of the ConfefliOn, it will
be yet impoilible toconj‘eéture Whence the difficulty [heuld arife', ,.
and therefore that the Reader may n0t complain of any ’OmlfllOll of '

what might poflibly contribute, to his fatisfaction, I [hall freely
tranfcribe from the’faid Confeilion what might pollibly.llick with
him, or'give any occafion to that Salvo, 0r Explanation, with which

the Earlwas willing to take the Oath. ‘

In the 16'Article of the Church, it is afler‘ted, That feftu'Chrift 1
is the only Head of the Church :. In the T efl- it is required to {wear
that the K ing: Maje/ly t}: the only fupreme Governourin‘ thie Real an, (viz...
of Scotland) over allperfom, and in all cattle: at Well Ecclefiaflt'cal a4 .4
Civil. It is poflible that as wife a man as the Earl may fuppofe thefe
terms, the only Head, and the only Supreme Governour, are equivalent, .,
and that there may be though no real, yet a [teeming contradiflion,
which might be fuflicient ground for an explanation of the Oath, ..
that no quarrel might afterwards arife either between him and his .
Confcience, or between him and his Prince -, however, it might pol—
fibly come into his head to adjul’c matters, ['0 that he might not fet
JefusChrilt, the-King, and his Confcience together by the ears, as -
knowing well. if he did, who would have the belt of it in the ifliie :‘ '-
And yetl proteflzl dare neither put a conltrué’tion upon the ConfeflL.
on upon the Oath, or upon theEarls- Explanatory Declaration, 'becaul‘e
I cannot prognofticate what maybe Treafon if ever I lhould have fo
little wit as to travel Northwards. ,
- In Article 19, 0f the Not-c5 whereby the-true. Kirk it a't'fccrncd from
the fowl/e: we find the Church renouncing Linea! Defceut (or fuccellir -
on) as meant of thofe Note:,o_r aflhred Tokens, whereby the Immaculate
Seoul} ofi Chrifi‘ it known fiom the horrible Harlot, or Kirk malignant. In.
the Tell-it is required to fwear that there lie: no obligationuponhim

, fiom the. National Covenant, or the Solemn. League and Covenant, toena-

deawur any chan e or alteration in theGm/ernment, either in Church or
State, ate: it no efl'ahltyhecl. NOW whether he tbnceivedthat a Linea! .1.
Defce‘nt of Prieits from Biihops and Archbiihops, might notipofliblfi
run him up. asihigh as thePapa’l Hierarchy, ris;a_felci‘et‘in~hls"~_'owh bow
fem;- and not to beiunlockt b’yany bold‘conjeetureof ‘mine. , ' "
5 It‘s more fufpicious that what follows in'the fame Article might V
adminilter.‘ fame. appearance. of contrarietbeetWeen the Confefiog ,-
. an

 

 

. (’ 6 )- .
and the Tefl_,.-.for in this-Article we read thus, Eeelefz‘ajtt'eal' DE/Eiplz'ne
nprz'ghtly mint/tired at Goa’t word preferihethyv'wherehy nice i: reprefled,
and 'vz'rtne‘ nonriflaeol, it a note of the true Church. N 0W if he apprehen-
ded that the Difcipline at prefent efiablilhed, either was nOt fuch
as God: Word preferibed; nor fuch as whereby nice is reprefléd, and
virtue encouraged, it is poflible he might think-it ‘ {omewha‘t hard to
{wear without a Salvo, not to endeavour any alteration in the Govern--
ment of the Church, feeing‘that the repre/fing of vice, and nonrzfln'ng of
oertae, being the great ends. of .Eeelefiajtieal Difeiplinemhatevcr Dif-
cipline does not reach thofe ends, may need an alteration, and by
confequence that it might be his duty to endear/oar; it, efpecially if
the means of fuch alteration Were no other than what were lawful,-
and that he aéted no otherwife than in his place andfl'dtion.
He‘migh‘t alfo conceive (for ought I know )- that it was not {imply
gimycflible for a Church in her Canons, for a Nation in. its Aft: and,
Law: to contradict it felf; for befides that it feems the peculiar
Prerogative of the Sacred Oracles not to admit _ of real [elf—contra:
diflihns, the Syftemes of Humane-Laws and Conltitutions,..being
veluminous, and ordained by feveral perfons, in feveral ages, aft.
in g upon various interel’cs and Principles, and none of thefe Legiflas
tors either feparately, or'conjuné’t, guided by an infallible Spirit, but
manyitimes by their Perfonal and particular “inclinations,tempers,
intere’lts and faétions; befidesl fay all this, that very Article .fuppo’.
fes it to be a thing univerfally granted that theSpt'rit of God, which if.
the flint-of unity, it in nothing contrariom to it filf :, but yet {Hypofes
alfo, that the‘ interpretation, determination, 'or fitntenoe of a Church or.
Council May he Contrary. and repngn to the plain word of God, and {o to
it felf alfo. However to fuppofe fuch a thing is no fuch abfurdityt,
or at worit, it’s ‘hard‘to conceive where thevenom, poyfon ,ormaé
liguity of the Treafon {hould lodg, unlefs there lhould be anytAu-
thentick Charter of Infallibility rivately fent down in a Portman-
tle, which has influencedthe A embly with this Sacred priviledg.
.I'Il 1116,22}, fAfticle of the right .aolminéflrat‘ion of Sacrament}, there
feeurs‘ fomé‘QWha‘twhich may, minil‘ner .caufe of [tumbling to a Weak
judgment,zttz. ”That Saeranzentt he rightty gmint'fl'rate 'wejadg two, if
. things regulate, the one that they heminfltrate by lawfnl Winiflere, they
fitting nien lawfully .chofen by flame Church;- and Why. my. not We fancy
thatthe; Earlsnright cOnceive. that the prefent Minifters not being '
thofi'n tyg‘teertfkateb, but nominated rbythejpatron, “infti-tutedhy the
Biliwpfahd .Yfiduétedby . Tome other at the Bifho'ps ta‘ppdi‘fifmemi
yve'renot"ther‘cfor"e'1a§yful Minifters and (Paftorfs'of the flock, as
Wanting “that Eltfliqan-hich the Article-makes {.0 neceflaryto titre
' ' ” . ‘ - rig t

 

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V ”"fl’mw" ”H’f#fl' A—w'y“) ’

right adminiflxration of Sacraments, and thereforeithat the Sacra?"
'ments admin‘il’tr‘ed by fuch as are not, lawful Minifters', ‘a-reau meet-

. nullities, and thet‘eforetfnrther he might conceive it hard to be com.

peiied tofwear that hewould endear/our no alteration, in his place and
flatten, by means jujt and lawful. ' ‘ .. ' ‘

Add hereunto what is afl‘erted in the fame Article, as the 12mm!
requifite to {the right miniftration of the Sacraments, viz. That they
he mini/ired'in fito‘h Elements, and in firth fort its/God hath appointed, elj}
we afir‘m that they eeafi: to he right Sacraments of j‘efue Chri(t-, and therk
fore it it that we flee the fireiety with the Papifiical7Chnrch, in participati-
on of their S aerament: : Firfi, hecanfe their [Mini/fer: are no {Mini/fer: of
fifth Chrift : Anal fecondly, hetanfe they harvefit adulterateel both the one

_ Sacrament and the other, with their own inventions, that no part of Chri/ir

Aflion ahia'eth in the original parity._ For oil, falt, fln'ttle, and fnth ltlee in
Baptifm, are but men: inoentient. Whereas therefore the Oath require:
him folemnly to [wear at in the prefince of God, that he ovens, antlftncerely
profejfes the Proteflant Religion contained in the Confejfion of Faith
(whereof this Claufe is a main part) recorded in the firfl' Parliament of
King Jamesthe Sixth, and that he believes the fame founded on and a-

. greeahl‘e to God: Word; and thereupon promtfir and fwearr that he will

adhere thereto allthe‘ day: of his life. And perhaps feeing, or thinking
that he tees fome Ceremonies at prefent praé‘tifed, and poflibly
eftabliiht by fome other Law, which according to his weak judg-
ment have no more Warrant from Gods Word, than Oil, Salt tenet
Spittle, Which that Article condemnsfor fuch invention: of inen,1asa
make the Sacraments tea]? to he the true Sacrament: of fefiet Chrifl,»and'
fuchas they are fwom to fly flat». I lay having thefe conceptions,
’tis ihort of impoflible that he might conceive himfelf bound to-
enter his Explanatory Salt/a, left he [hould either repugn the Artie;
ole‘which he fwears to, or fwear to a Contradié’tion, that he will»
endeavour no-aliteration', feeing he might think that the Confifiion:
muft either be reformed according to the prefent prattiee, or the pre-
jent prattt'ee reformed by the Confqflon, ,to- render them Harmonious. , ~

To goon, in the 23 Article of the Cohfe/fion, to whom the Sacrament:
appertain, it is afferted‘, That the Sacrament of the Supper of the Lord?
appertain: only to fnchae. have been of the honfholtl‘of faith, and can try
and examine them er M well in their faith, at in theireluties‘towardrr
their neighbours. hat fetch as meat the Holy Table without faith, or he‘-
ing at diffention and oliwflon with their hrethren, do eat nnworthily. Anal“
therefore it it that in our Churches, Mm'flert take pahlicleanal particular
exatnination of the know/tale and tom’erfation of firth at are to he admitted ~
to. the Table of our Lord [ft/in . .

- wT.__v tevm,‘,.,._-—.._-.__WVV..__ 7A.... -_ v.» . ,

‘ , In this Article then there are two things remarkable, firth "mat.

ter of right, who they arethatjmay' challenge and claim that ..ble{I‘e'cll
’priyiledgt, and the'zrtt‘e’le is-exprefi55h6h acareoftheh‘ofnjhcld of

' faith; fetch at can examine thetttfeive: ,‘of their faith and charity. 56-

, condly,’ we have matter offait, .what was the ufage‘ and practice of
that Church as then conliituted and eitablilhed, and that is exprelz

, fed thus , They take hath public}: and particular examination of the

IQtowledg and hue: ofthofe that m to he admitted to the Lords-Supper;
But now fuppofe the Earl had obferve‘d that the prefent practice

. was contrary to the declared right; fiippofe he {aw the fotmer’Dif.

cipline negleéted,and it may be other rules for admiflion introduced,
fuppofe he knew that vicious and debauched perlbns were ordinarily
and promifcuoufly admitted to that Ordinance, without previous
examination in publick', lcannot tell but it might ‘I’tumble himi‘into
‘a conceit, that it was his duty to endeavour a reformation accordin
to the Word of God, and the Doflritte of the Church,which he ha

L fworn to', and that he muft be guilty of downright perjury, if he

{hould {wear to the Confefiion, and that Claufe in it, And therefore
it it that in our Churches Mai/fer: take pahlick and particular examinati-
on of the knowledg and converjation of fuch a: are to he admitted, if real-
ly, and in faét there be no fuch publick and particular examination
taken. ' ,
. Thefe things I have only mentioned, not knowing whether in:
deed his Lordlhip fcrupled at any or all of them, but fimply prepo-
fing what he might poliibly fcruple, in cafe he was of a timerous and
tender fpirit: But poflibly there may be more ground of ful'picion
from what follows, Article 24, Of the Civil Magifirate f, for here his
.not impoflible but he might find fome eXpreflions which came not up

‘ fully to that height of LOyalty and zeal for his Prince, which he was

confcious of in his own breaft; which Claufes though they might
fpeak nothing but the truth, yet perhaps might not'fpeak the whole
trttth', and though they aflerted nothing but Loyalty, yet they
might fpeak fomething fhort of a Subjects compleat Loyalty.

And to tell the truth, I have heard from an ear-witnefs, that the
Reverend Bilhop of Edenhurgh in a SermOn preacht by him prefent-
,Iy after the A61- for the Te]? was pafl'ed, declare aopenly in the Pul-
pit, that the T efl' did contain fatnethittg more the , what was to be
found in the Cohfe/Jiqn, which yet without contradiction might well
be; neverthelefs let-us hear the Article it feif, We confefl and attow

what fitch a: refift the Sapream powers, (doing that which appertaineth

to their charge) refifl God: Ordinance, and therefore cannot he guilt.
leji’.’ Andfurther, we afirm that who/better deny to them their aid, camfel,
. ~— ' awed

d..-
, ““4 We... WW ~——-—~————‘

 

 

 

 

 

 

 

 

'( 9 3;

and comfitrt, (w'hillt-the'Princes and Rulers vigilantly travel in the

executing of their‘OfliCe) that “the fame men deny their heho,fitpport, and -

counfel to God. In which Claufes there feem to be two things Confi-
derable: 1. They teitihe again/t refi/taace‘, but then it’s only againfl:
refilling-the Supreme power, and feems not. to be extended to thofe
that“_are ‘c‘ommtflionated h} them i,” and then (Which is 'fufpi'ciOus) it’s
bounded and limited with an odd Claufe, viz. Doing‘that which ap-
panama-a their charge. 2. They declare .f‘or aé‘tive obedience, in
. aiding, fitpportiag the Supreme power: :, but Wlthal ’tu while the Prince:
ar‘td Ruler: uigilaatly travel in executing their Ofll‘ce. So that at the fit“:
blulhitmay teem to infinuate and allow fame fuch thing, that if the
Supreme powers do that which appertaih: to their charge, they are not
to be refilted, otherwife they may ', and that fi? long at the} travel,
and vigilautly travel in the * execution oft-heir duty; they are afiively to
be obeyed, otherwife not. And who can tell that the Earl might not

fear that fomething herein might be {hort of his duty, and theretbre »

‘defire he might‘explain himfelf to this purpofe, That he "meant not to
hind up himfelf fiom endeavouring any alteration, which might reftrain
the gmerofity and loyalty of h’tfis"fott'[t'tz~ giving a; More univerfal and unli-
mited obedience. , . . a

It is true, the Secret Council has'given' an Explanation ofjt‘his
matter, which is far enough from any Impeachment of Loyalty:
But yet it would be i’tranger, that his Explanation of the Tell? to a
fenfe fo conform to that of their Lordlhips lhould ever be con‘itru;
ed up fo high, as High Treafon. :~ ‘

But that which feems mofl: probably the greateit difficulty is What
we meet withal in Art. 14. alias 13. What work: are reputed good be-
fore God .9 Amongl’c which to reprefl Tyranny isenumerated‘as a work
moral! good, and within the particular duties of the Decalogue,and
the evil work contrary thereto they allign to be, to refi/l or difabey
any that God hath placed iaAuthority, while they pajiuot over the hound:
of their Ofiice. And now what marvel Can it be ilthe Earl upon
thefe, or fome of thefe confiderations interpofed a declarationof
fuch a fenfe as might render the Confeflion not derogatory to, 'or
clalhing with his Loyalty, at leaft it’s very fevere to interpret the
excefs of Loyalt to be High Treafon..
‘ Let thus muc fuffice concerning the Coafeflion of Faith, with the
influence it might pollibly have upon» the doubts and ftruples of
the Earl of Argyle, relating to the Oath. - ~

 

 

"‘B' .. ' ’ “, CHA‘P.»

 

 

 

 

 

C to )

C H ”A P. II.
' Of the Oath to. he taken 5] allPerfon: in Pith/tel: Trafl.

‘ MY nextlabour muft be to give the Reader. a true Copy of

the Oath, or'Tejt, that ['0 comparing the Oath with the Confif-
flee, the Reader may have the better light to form a comparifon be-

‘ tween them, and to make a judgment (1 mean in his own breaftpl

whether therebe found, and'can rationally be fufperfted any con-
trariety between them, that might movea loyalSubjeét, an upright
Chrilhan, a rational man, to {tick at the fubfcribing and {wearing
to It. ' , t '

The Tenor of the Oath to be taken by all Perfons '
- in Publiek 'Trnlt.

I——-——--———filemnlyfwear in prefence of the Eternal God, whom I in-
nocate a5 fadg, and Witnejl of my fincere intention. of that my Oath,
That I own, and fincerely frofejs” the trne Protefiant Religion, contained
in the Confeflion of Faith, recorded in the fir]? Parliament of King
James the fixth :, and that I holler/e the fame to he founded on, and agrees
able to the written. Word of God. And I promife and fwear, that I ~{hall
adhere. thereto, . daring all the day: of. my lifetime, and [hall endeavour to
edncatemy Children therein: And fltall never conjent to any change, or: ,
alteration contrary thereto : And that I dlfontn,and renounce all fnch Prinz
ciglet, Doflriner, or Prallicet, Whether Pope/b, or Phanatical, which
are contrary ante, and lnconfiflent with“ the [aid Proteflant Religion,
and Confeflion of Faith. And for teflzfican‘on of my Obedience to my
Mofl Graot'one Soveraign CH ARLE S the Second, I do affirm and

i fwear, by the; myfolemn Oath, That the K ing: Majefiy t}: the only Supreme
\ ,Gonernonroftha Realm, crater all Perfont, and in all Canfet, at well

Ecclefiaflical MCi‘Uil: ~And that no foreign Prince, Perfon, Pope, Pre-~
late, State, or Potentate, hath, or onght to have any farzfdtc‘lz‘on, Power,
Superiority, Prehemlnency or Anthorz'ty Ecclefiaflical or Cruel, within the: \
Realm. And- therefore I do latterly renottnce, and forfake allForetgn fart}?
dzll‘lont, Powert, Snperioritie: and Authorities. And do promzfe, that
from henceforth, I jhall hear Faith and trtte Allegiance to the Kings Ma.
jefly, Heft Heir: and lawfnl Sacco/jars. And to my‘powcr fltall affijl and de-

‘ . -

 

 

 

 

(It)!

- fend, all Rights? Yuri/'difiiont, Prerogativet, Priviledget;‘1’rehemini§§ 1

tie: , and Authorities belonging to the King: Maje/iy, Hi3 Heir: and law—«I '
ful' Succeflhrn And I farther afiirm and [wear by this my folemn Oath,‘
That I judg it-un‘lawful for Subjeiie, upon pretence of Reformation, or any <
other pretence whatjbever, to enter into Covenant: or Leagues, or to Con—y ~
vacate, convene, or aflémble in any Councils, Conventiom, or Aflembliet, to
treat, con/alt, or determine, in any matter of State, Civil or Ecclefiaflicle,
without Hi: Maje/lie: firecial command, or exprefs’ licence-h‘ad thereto, or to
take up Arm: again/l the K ing, or 'thofe Commiflionated. by 4Him : [And
that I jhall never fori/e in Arms, or enter into fach Covenants, or Aflem-
blie: : ' And that there lie: no obligation on me from the National Cove-
nant, or the Solemn League and Covenant, (fa commonly called) or any ,
other manner of way whatfoever, to endeavour any change or alteration in
the Government, either in Church or State, at it it now efiablijhed by the
Law: of this Kingdom. And I promife and fwear, that I [hall with my
utmofl power, defend, a/fifi and maintain Hit Majtflie: furtfdiéiion fore-
faid again/l" all deadly : And "I [hall never decline Hi: Majeflies Power

and furifdie'iion, as l {hall anfwer to GOd. ‘And finally I afirm, and
fwear, that this my filemn «Oath it given in the plain genuinejenfle and
. meaning of the words, without any equivocation, mental refervation, or any

manner of eva/ionflnhatfoever. And that I [hall not accept, or ufe any dill;
pe'nfation from any Creature whatfoever. So 1161me God.

That an Oath is a part of immediate Divine Worlhip, cannot be
denied by any that underftand the nature of that folemn Appeal-to
God 2, that we ought to {wear in truth, rghteoufnejs’ and judgmentfis as
little queftionable to them that believe the Scripturesto be theWord
of God; whoever therefore {hall [wear to what he knows'to be
falfe, or to what he knows not to be’ true, fiands guilty of mung
the Name of God in vain, who will not (whatever men may do) ac-
quit him of that Profanation without repentance.

it becomes therefore every Chrifizian who would free “himfeif of
this guilt, advifedly, deliberately, with great care and caution to
approach this Sacred Ordinance of God, to make inquiry before hie
Vows, left having ralhly enfnared his foul, he finds himfelf in a noofe
which he may fooner out than untye. ’ '

In all Impojea’ Oaths, penned and prefcribed by others, the words
of the Oath are to be taken in the molt natural, plain, eafie, and fa-

' miliar fenfe. Ifthe‘Oath be To unhappily penned that the WOrds, fen. '

tences, and expreflions ti‘ereof are obvioufly lyable to various and, ‘
different fenfes, the Impofer of the Oath ought to explain and inter-
pret his own fenfe and meaning -. If the Impofer lhal] afiix any fenfe
”T: - a B 2. " 0r '

 

 

 

 

/

 

 

 

‘ _ YB)
or meaningiupon the Oath-,f whichthe Grammar and plain Letter or
the Oath will not hear 3 if in theGrammatical fenfe theOath be iuna
lawful, no incongruous fenfe given will alfoil the taker of the Oath

‘ from finful {wearing : If the lmpofer lhall fo interpret an Oath that

accordingto his fenfe it is unlawful to be taken, which yet in the
prOper, plain, and obvious fenfe is lawful, the Subjeét may war-
rantably take the .faid Oath in its genuine unforced meaning; for
there is no reafondwhy the lmpofer lhould make that a fnare by his
falfe interpretation, which. without fuch interpretation had been

' none at-all: If the lmpofer fhall 'refufe to interpret and eXplain his,

Oath, the Refufer has a right to offer his own interpretation, to re-

' Concile it with its felf,and with the Word of God, provided fuch in-

terpretation put no force, offer no violence to any evident fentence
or Propofition in the Oath.~ 1f the Impofer .lhall refufe to give'fuch
candid conllr-uétion of his impofed Oath, and not permit the Recei-
ver to interpret for himfelf, and that without fuch publick and pri-
vate conltrué‘tion, the Oat-h as it fiands in T ermim‘: appears contra-_
ry to fome truth (if it be affertory) or to fome duty (if it be pro-
milfory) the fubjeét upon-whom it is impofed, and to whom it is '
tendred, is bound in confcience to God to refufe it, and rather the
penalty, whatever it be, humbly fubmitted unto. ,
And as tothe Oath now before us, that it ought to be taken in
the natural fair and ordinary fenfe is part of the Oath it felf : And
finally Iafirm that this myfolemn Oath is given in the plain, gem/zine finfl:
and meaning of the. words. It is very llrange to hear men ftudy Evali.
ons,how they may {wear without Evafionsz, and firft of all folemnly
to protelt that they will take the Oath in the plain fenfe,’ and yet

”afterwards can find no plain fenfe in which to take it 3 but becaufe of

Oaths the world at this day mourns, when the common prac’tice is

to refolve firft to fwear, and afterwards to ltudy how to prove they
have fworn lawfully: It is therefore a conl‘cientious method in the
Subjeét,to declare in what fenfe he is willing to be fworn, and if that
be rejet‘ted, to rejeft the Oath, and abide by the confequences of

'his refufal.

At prefentl fhall only propound thefe few Chieries.

1. .2“. Whether a Rational mama fincere Chriftian, a loyal Sub;
ieét, might not pollibly doubt in the plain meaning of this Oath».
Te/i‘, feein ‘fo many of the Scotilh Synods, which we fuppofe are
made up 0 the bell: learned and molt religious perfons in the Realm
did for fome time upon its firlt appearance exceedingly {tagger at
the taking of it, all orlmol‘t demurred, and many plainly rejeéted it,
asthat which no lawful. interpretation would render paffable ill/h
‘ \ . 2., . ear.

 

 

 

 

 

 

 

( 13‘ ') . —-

2‘. Whether it might act confiit with a good underltanding, an.
upright confcience, and fevere principles of Loyalty, to be 'caute-‘
Ions in this cafe when ever the Secret Council itjelf, law a neceflity of
making feveral EXplanatory rules according to which it {hould be
taken for the fatisfaftion of thofe that were drifl‘atisfied, and without
which ’tis more than probable they would never have taken it.

3. Whether an Oath which binds to the belief of a Confejfion of
Faith, confill‘ing of 25 Articles, (fome of them very prolix) and an '
addition of fome other matters, Principles, Doftrines, and notions,
which are at leal’t larger than thofe Principle: and Dorftrines contained
in that ('onfejfion, may not minifter matter of debate between a good
Chriltian and his own Confcience, how far, and in what fenfe, with
what reltriétions and limitations it ought to be taken, if at all it
may be taken? .

4. Whether feeingthat in the taking of an Oath great regard is
to be had to the principles, ends, interefts, defigns of the Impofers; ’
and feeing it is molt evident that the Principles, interefts of the firlt '
Compilers of the Confeflion, were differing from the Principles of' y
the lmpofers of the prefent Oath, it will not neceflhrily follow, that
’tis impoflible to fwear to this Tel’t Without a contradit'tion, unlefs ’

_ we can oblige our felves to a belief that Mr. 3'ohn Knox, ,, and His

Majefties prefent Lord High Commzjfioner, with the Right Reverend
the Archbilhops, the Reverend the Bilhops, do center-in the fame
Principles of Religion, the fame Politicks, and Sentiments about
the governing of this World, and attaining the next? '

, 5. Whether the Aft of Parliament whereby this Oath is impofed,
do not by very clear confequence prove that there is more than or-
dinary difficulty in the confcientious taking of it', when as the
King: lawful Sons, and Brothers are exempted from taking it ', who
yet may be fuppofed to fee as far into the lawfulnefs of an Oath as
molt other men ? '

6. Whether it may not create diiturbance in a mans Confcience
to fwear there lyes no obligation upon him fiom the National Covenant,
on the Solemn League and Covenant, or by any other manner of way
whatfoever to endeavour any alteration in the Government in theChnroh;
if the fame perfon be at the fame time confcibus to himfelf of am..-
ther elongation lying upon hlmaand that by jafl authority to endeavour
fame fetch alteration ? ’ '

CHAR

 

 

 

 

 

 

\ a ‘CH A P. vI-I-I. _
0f the End of l Argyle’: Interpretntion, for E plenntz'en. of

tile Oath-Te]! , upon which “/16 nm Tried and Ca]! , en
Guilty of [fig/7 Tree/0n.

; H E next ftep l {hall make towards fatisfaé‘tionuin this difficult
T ' Point, is to exhibit the Earl of Argyle’s Explanation, in which
he t00k theTOntla, that {0 we may the better fift‘ out this Intent Tren-
1 fan, which he is like to feel the efi'eé‘ts of fooner than we {hall fee the
bOttom of ; ‘Which I find Printed at-Ea'enbnrgh for fame: Alexandér,
1681 : 1-. have confidered the Tefl‘, "and I am willing to give obedience f0
fer MT can : I am confident the Pnnlz'nment never intended to impofieon-
- rendition)! 04th: ginnd‘tkerefore I then/{- no gmnnflenn explnin it but for him-
. feéf', and reconcile it n: it is genuine, nndngree in it: ownfinje. 24nd I.
edge it,z’n‘fafnr ”exit is eanfiflent withit felf, nndthe Proteflnnt Religion .-
217241.71 do declare I mean not to bind up my felf, in my flntien, and in a law-
fnl way to tench and endeavour any alteration, I thinkta the ndnnntnge of I \
Cbnrch or Smeeynnd repugnant to the Proteflnnt Refigiomnnd my Loyalty”
, and this I nnderflnnd n: n pert of my 04th. a - '
' The news of the horrid Treafon wrapped up in thefe, words flew
‘ over into Englnnd fome while befOre We had a true Copy of the Ex-i
planation it felf; and I remember well when firft an Authentick
COpy _compeared;before us,we all ftOod looking upon one another as ‘
- 7mm Brethren in their grand furprize, not knowing, nor able for'
g to Divine wherein the venom and poyfon of this peltilent Treafon
fhould lurk: ‘fome thought that as he who would needs fell a witty
Rory,“ had loft all the wit out of it, fo the Printer has expunged all
the Treafon out of his Paper, and that it was as innocent as when
it was pure blank, and in its original white :_ but others more advi—
\ fed, confidered,‘ that much malignity mig? t lye in a very little room,
; and therefore we {canned and lifted, and fearched it over and over
again, if peradventure we might difcover the Templaim hidden a-
mong the fluff"; one of our company falved the diflicnlty thus : That
fome things may be Treafon in one Ccnntry (and that reafonably too)
whichare not (0 in nnozherg as they {lay in a neighbouring lfland ’ti's
felony to Real 3 Hen, but not a Horfe. At 1211‘: we all agreed upon
this: That Englzflamen were happy, too happy if they knew their
‘ [0 1m happinefs,who live under a more, Southern air, a more tempe—
’ ‘. . ‘ ' rate,

 

 

 

 

 

 

 

rate climatemhete nothing is made a; crime but what is {'03: and where -

penalties are proportion’d .to their crimes. , -

N everthelel‘s it \was refolved to try if we could pick out any Treafon
from this Ihort note, and accordingly we took it intoparCtls.

”1.: I have confidered the '1' eff ] .Confideration cannoc be Treatbm when
the matter Of. it is duty,and weighty too: He that .isflto fwear ought to
’confider with himfelf whether he may lawfully take it or no, how far it

binds, and in what capacity he islto keep it inviolate.

' ‘ 2. And dmdefirom to give obedience 4’: far 45 I 0472.] God himiélf'
would accept this defire for the deed it’felf, he that has a heart univer-
fallyprepared to obey God,and in fome tingle particular qnefiions, wire?
ther this matter he commanded or no, an error it may be, a crime it is
not, it has not the will in it, no'not by. interpretation, if the ignorance
be really invincible. A: far 44 I can with confiiiency to myknowndtty
to God 3 as far as I can with the peace and quiet or K my Cor-..
fcience. And farther, no Prince will defire obedience to a pofitive Law;
at the wori‘t, not to have obeyed {'0 far as he could in this matter, .is
made but a High szdemeenmr, not High Tree/5n, by the Aél: it felf, ,To
be declared incapable of publiclg tmflz, and in cafe they {hall execute any fuch
publick truft, to be puniihed with the [0}? of their Movabler, and liferem
efi'bem : no penalty that extends to life. . "

3 . I aim confident the Parliament never intended comradefiaty 04th.] And
furely it’s hard to conceive that fuch an honourable thought of the Fat-
liament {hould be adjudged Ti'eafon: I was ready to fay, I am asxeonfi;
dent as he, but I am taught more difcretion, by confidering what his coin-
fidence coll: him : But as confident as the Earl is, that they never intended

it °, -’tis not {imply impoflible but that they might commie. as great an 61's“ \

rout as that comestoz, efpecially when perhaps they had not atfthat
time con fulted all the numerous, almoft innumerable Aé‘ts tliat°~ly,e=--u~nre.p.

' pealed in their voluminous Statute books gandwithrut fuppofal that” ._

they intended, they might cafually impofe an Oath that might interfere
' either with if 1221f, the Confejfgan of Faith, orfim: other Leaver the Realm,
without any Impeachment to their wifdoms. ' a " v 1 ' '

4‘. Aedtherefqre.1gthin’a no men can explain it- but ‘er laimfilffl "If: the
Parliament do not eXplain it, whilit they are in being, I know none that
can givean Authentick Interpretation ;, for eujeaefz‘ tandem-(jar eff intern.

pretend. The Law maker is .the onL-y Law-interpreter :, .and‘wl‘l’cn Laws are ‘

' made and interpreted with the greateitauthority, -eve'ry_.._.man'_in the'lall:
refort does and mail: interpret for hierfe/f, for-When the 'Legiflator‘ has .
given the (enter of his own Law, yet the Subjeft will and mu& judg whe-

ther that fenfe be agreeable or no 3. otherwife, if he refolves to rufh on

" by implicite faitli,_.and blind obedience," he might with equal l'ioneihy

havelizvalfowed' all without firth interpretation. . - 3. Adda

A.- MAMA,W_ ,, y '

'0

 

 

 

. - _ ' ‘ ( a6 ) .. {
’5‘. ' 'Andltahe it fa far a: iii: c'onfijtentwith it fill, anall the prawn Fell:
gian] And what hurt. can there be'in all‘this, if I {hould fubi'e'ribe to the

.Bt‘hlefofar a: it is the Word of Gaol .? All that can be fuppofed as, the caul‘e

ofthat limitation is no more but this, that pollibly the Tranflation may
be in lime places befides the mind of the Penman -, or thatthe erroUr of
the Scribe, may have introduced fome {mall errour into fome few Copies.
However it were {Eavere if a man lhould be denounced an incorrigible He-

,retick, for the meet offer of fuch a reitriétion; and if this Lord did p‘ro-

pound fuch a limitation, it was but Abundant cantela, which hurts not, or

Q Ought not to do (0.

' 6. Anal 1 do declare I mean not to hind up my [Elf in my flation, and in a law.

feel Way to will: anal endeavour any alteration I think to the advantage of the

Church or State.] ”As there is no perfon that is a member of any Church
or State, but ought in his capacity to contribute what lyes in his power in
'alawful way to the welfare of both; and as this Lord was in a higher
capacity (being a member both of the prefent Parliament, and the Sg.‘
‘eret Council) than many others, fo had he far greater opportunities, and
advantages of ferving both than many, than molt others. And be-
caufe there is no Nation in the world whole Conl‘titutions are ['0 abfo-j
lutely perfeét as not to be capable of Melioration, fo it were a foul re-
nouncing of that trult which God and the King have repofed in him, to
vow that he will never endeavour to make any alteration for the better.
That which is convenient in one age ortimes, appears very inconveni-
ent in another. As the circumftances of things vary, [0 may, ('0 ought
the Laws 3, I mean thofe which are not built upon eternal reafons, com-
mon to all Governments. And yet fo cautelous was this Earl of giving
offence, that he inferted thofe excellent Claufes, In my Ration, and in a
lawful way; and if it be Treafon in fuch a manner to endeavour an altera-
tion for the advantage of Church or State, there’s no honefl: 'way to vote’in
Parliament for the repealing of an inconvenient Law, or the bringing in
of an ufeful Statute, without being guilty of High Treafon. ‘

' 37. Anal repugnant to the Proteflant Religion, and my Loyalty] In this
Clanfe he declares he, doth not intend to bind up himfelf (ltill in his fiati-
on, and in a lawful way) to endeavour any alteration that may he repugnant to

' the Proteflant Religion, and his Loyalty; and why ihould be, when the end
_ ‘of the faid Oath and Teft is to fecure both? and it would be rigid to in—

terpret a firm adherence to the Proteftant Religion, and Loyalty to the .
Prince, to be Hi h Treafon, and to cut his Life lhorter for that,to Which‘
he is obliged to ’évear he will adhere to all the days of his life. _

Lafily, That he take: this Explanation to be part of his Oath] is no more
than what all‘lnterpretations are :, for feeing the [Enfe of the Law is the
Law, the fenfe of the Oath mult needs be part of hit Oath. Th

e

 

  

 

 

- C ‘7 ,)
And admit he mzf/iook, when he took this for a part of his Oath, eve:
1y Maroon not Trealbn 5 ,and ’tis pity this {hould be lb. And y t to
clear him ofany intention of High-Treafon in this Explanation,trere
reeds no more than this; It mutt for ever render the Council inexcu--
fable before God and all the __‘Norld 5 that if they knew that every
interpretation of an Oath, made by a private Perfonlor his own truce
was indeed Treafon 5 that the did not timoufly flop him, and 1116??
him the danger he was in, if e {hould proceed in his begun relolutb-
on ? But it’s more than probable, they knew as little olHigh—Trealon
in {itch an A€tionas the Earl himfelf, till fome State-Lawyers, to galn
Repute, told them how to f ueeze Treafdn out of Innocency, and
makeLoyalty it {elf Crimina .‘ ‘ .

C H A P. C IV.
0ftbe Explanatory A3 of the Secret Council.

IT increafes the wonder of all men, that the Earl of Argyle‘s EXplana»

tion of the Tell {hOuld heron-11d High—Treafon; when. the Secret .

Council C a Parliament, that very Parliament were flill in Being) .did
the fame thing, 1n the general, without thofe qualifying Reflriéhons
of endeavouring 1n ones Station, and in a lawful my : but becaufe

that of the Council carries a greater face of Authority, I {hall refer. ‘

tléeSReader to it, as we have it from the Publicl< Gazette, of Nov. 21,.
,1 1- ,, . ’/
Edinburgh, Nov, 3.

Ho; Majo/iz'e': Privy Council here have made the followings Aft V
- ‘ ‘ concerning the T E S T. - .f

. Orafrnuch as fome have entertained Jealoufies and Prejudices
. , againfi the Oath and ‘Iefl appointed to be taken by all Perfons 1n
Publick Trui’r, Civil, Ecclefial’tick, or Military,in this Kingdom, by

the SiXth Aé’t of his Majeflies Third Parliament, as if thereby theyl .

were to {wear to every Propofition or Claufe of the Confeifion of Part
therein. mentioned, or that Invafion were made by it upon the Intrin—
fick Spiritual Power of the Church, 0r Power of the Keys; or as if the
PY?(€HE Epifcopal Government of this National Church by Law Ella-
‘bhlhed, were thereby expofed to the hazard of Alteration or Subven-
fion; all which are far from the Intention or Defign of the Parlia7

' i ' t ‘ merits

 

 

 

 

 

 

 

(3f :1 8: 3 ‘,

‘ talents iinp0fing this 022:1), and from the Genuine Senfe and" Meaning
_ thereof : Thereforehis Royal Highnefs, His Majefiies High Com—x.

tnillioner, and the Lords ofthe' Privy Council, do allow, authorize

~ and impower the Arch-Bifhops and Bilhops, to adminiller this Oat/2.

and 14/? to the Minifiers in their re_fpe&ive Diocdffi, ill-this. €Xpl‘ef5~.

, Senl‘e, as the-Senie of the Parliament.

1. That though the Confelfion of Faith ratified in Parliament,1567.,
was framed in the Infancy of our Reformation, and delerves it’s due}?
Praife; yet by the Tefl We do not {wear to every Propofition or Claufe-
therein COntained, but only to the True Protell‘ant Religion founded,
on the Word of God, contained in that Confelfion as it isoppofed to:
Rafezjy and B/mzzzzriczfm. ‘ ' ~ ' . . . - .

2. That by the ‘I'éfl‘, or any Claufe therein contained, no Invafie.
on or Incroachment. is made or. intended upon the Intrinfiekfipirirw
al Power of the Church, or~Power of the Keys, as it- was exerced by
the Apoflles, and the molt Pure and Primitive, in the hill. three Cen-_
tori-es after Chrifi, and which is Frill refervcd i ntirely tO‘the Churcln

3. That the .0th and Te]? iswithout any. Prejudice to the Epifcopalg
Government Of this National Church, which is declared by the firfl:
Aét‘of the {econd Seffion of hisMajeltks-fir-fi Parliament,to be moi}~
agreeable to the Word of God, and molt fuitable to Monarchy, and,
Which upon all Occafions, his Majefiy hath declared he willinviolaa
hlL-y and unalterably preferve. 'Anddo appoint the Archsbiflmps and?
Bifhopstto require the Minillers in their refpeétive Diocefles, with their «
firfi C'o‘nveniency, to obey the Law» in Swearing and Subfitribing the

' , forefaid 04th and TIP/l"; with Certification, that the Refufers {hall bev-

efijeemed Perfonsdifafl‘eoted to the Proteflant Religion, and to his.
Majeflies Government»; and that» the Puniihment appointed * by the ,.
forela-id ‘fixt‘h A8: 0fahis Majefliesthird Parliament, {hall be imparti-
ally, and without Delay, inflié’tedf upon them, ‘

Whether ; by- the Laws of:;Scthd-nd, tlye Lord (Emmi/Mme and' the
Bordsof- theiPrz'vy Council, have Power to authorize the Arch—bzflcop; .

i and Bifkops toadmz’mfie‘r the Oat}; mid, Teri/2'22 the exprefi Senfe there def,

dared,” is none of mnyrovince to enquire; nor, is it‘ poffible to give ,

‘ hay le‘lf or others Satisfaft’ion'i'ii the Point, without an exaé’t Infpeéfié

on info’uthe Laws of the Realm v Which Ispretend not unto: yet, fome »-
things may be noted in; the {aid Aét‘ of :EXplanation, which are wor-,
thy: our Obfervation. ., . .' . - ‘

i.- The, Preamble Of the Explanatory 'fuppofes, that fame have enter—.
mined; jeaiqafles andnyrejudim again/lthefqz’d Out/2 and rife/i: And,the~

81.1 PL;

..‘\

\
AS _ __
> M 7“ _

 

 

 

 

 

 

Suppofition is not without Ground; «for, {blue whole, Sjlnoo’t', l'otnc of h
the molt-eminent Clergy-men, and, if I be not m1finformed,~fome of '

the Bzflaopr (at hit or‘ full) have‘fcrupledit: And among others, it
was the Unhappinefs of the Earl of Argyle to be one. i, __

a. It appears hence, that their Lordlhips were not ignorant of thofl?
jealonfie: that were got into Mens Heads, ‘andethat many of theiKings
very good Subjeéts were in that Number, whom- their Honours were
willing to ‘gratifie, to condelcend to their V‘s/eaknefs by anlnterpreta~
tion, which accordingly they did by this their Aét. ., .

3. That thefe Scruples were of feveral Natures, fo‘me upon one"
Account, fome upon another ;__ to which, they apply themlelves fuite

ably, as the Difficulty required: and yet, that tin-one ofl-thofe under ~ ’

Confideration, were thofe made by the Earl of Argyle; _

4. One of thefe Jealoufies was as if they were to f wear “to every Clanfia
or Propo/ition of the Confeflion of F az'th therein- mentionedz"; which the
Council clears by this Anfwer, That‘thongh the anfeflion of Faith Iran;
yfiedz'n Parliament, I 567. War frazned in the Infancy of our,1iefirmation,
and dejerves its due Prazfi’, yet hy the Tell, we'do not fwear to ..ehery Pro:-
pofltz’on or Clan/e therein contained, hat ongy to the True ,Proteflant lie/z}
gion, fonndea’ in‘the lVoM’of God, contained in that Confiflian, a: .it hop-
pofed to Popery and F anatz'cz'f/n. . ' , _ . =3 _. . '

25.. Let it be obfewed, that. herein we haire, I; a Scrnple, Some it

ieenas, in Scotland, {tumbled at it that theyswere' obliged to [wear to ,

every Clan/e and Propofltz'on in the onf'eflYOn : But,'who fhould theft: be
that made this Ob J€&l011? The Proteflantgwho formed, and firfi com-
poled the Confelfion, never nell‘ioned, neVer fcmpled Subfcription
with whole .5 it was that whic . from , the beginning of the Reforma-
tio'n,“’they contended for, they triumph’d in astheir, Glory 5 and it
Was enaéted, that whoever oppofeo' it ihorild not he ”I? for Menzher: of
their Church: But the Papifis indeed, always from t A
this Day, abhorred it, refufed Subfcription, except fuch as by. their
Confeflors ’h-ad anflf Indulgence tolubl’etibe any. thingito {ewe the Ra-

pal ,Interefl. V 2Wemaiygfu’rther‘obferve,-w,hat Ptdvifion.~is h§£§by,

made for Pepi/Ia Terrier Carma; Which is laid! down, ' I- - Neg/time?

That 'hy theTell we do not fwear to every .Propofitz'on or Chm/e therein .

contained. Not to every ‘ CZaufe .9 Then to om many, to how fen? .9 To
.W’Jidl Chef/e; are they boilin'dflo [wean xl/‘Vefincl no ‘Numberwo’f
‘Claufes exprefs’d, which arm be‘l‘worn to, whiehgare not: and the
Ptipifis will doubtlels be" indulgent enough tothemfelves, andjfivear
to "Very few that touch’d ”their beloVediPrinciples: To that the Papifls
have now an Explanation as will make the Tell as .ealie as they can

- C 2 tie-fire.

 

e ' Beginning to ’

1-1 -—‘ 3* H: '

 

 

 

 

 

QO '

’d‘efir'e. ‘2. affirmatively. We are to linear to the True Prom/fan! Kong};

on therein contained, flan/Jed on the Word of "God, a; it it oppofea' to Po;

paella-no! Fanaticzfin. But, this leaves allat Uncertainties: for, Igwhence
is the Try} of Po;e;;~y and F ‘anatiozfln .9‘ Some will make all thing: to be

Popa‘y 5 and ionic, Nothing; Tome will make all things Fanaticifm,
and blue Will make Nothing lo: 80 that to [wear to the Confellion fo

far only as it is oppolhd to thefe, is to fivear to every thing, or nothing.
2.‘To {wear to the Confeliion' fo far as no founded on the Word 'of'God,
is to {wear what every Man will fwear: A Papiit will {wear to Protem
flantzfln thus far; for, he has a twofold 'Word Of God, a written, and
2m unwritten Word of God 5 he has a Scriptural anda Ti~aclitional Word;
he’s not {uch a Pool, as to exclude himfelf from Honours, Offices,

Preferments, for a filly ‘Nord, called ‘Prote/iantzfln; let him be obliged
to {wear no "farther to it than as’tis agreeable to God’s W ord, and he
will be contented, if he he nor dii’traéted : and lb will a Pro-reliant
liihfcribe to the Council of Trent, lo far as ’tis agreeable to the Word
of God. 3. This Comment defiroys the Text; it overthroWs what it
defigned, ‘or’pretended to‘ defign; it pretends to feetire the Prottflant
Religion, which Protel’tant Religion, is contained in the Confefflon of
Faith; which Confellion of Faith is [uppofed to he fimnded on the Word
of God. But now comes the Explication, and tells us, we are not ob—
liged to fubfcrlbe to every Claule, to every Propofition, but only to
the True Protefia-nt Religion, foundedin t 16 Word of God, contain-
ed-in the Confeflion; whereas the Confoflion is the Tonch—fz‘one, the To/l
the Standard of the Protef’tant Religion, as owned ever fince the Re-
formation of the Church of Scotland. 4. All that are called Chriili-
ans, of whatever denomination, will pretend that their Religion is
founded on the Scriptures, onely they diH‘e‘r in the Explication there~
of: to preVent 'which Evil, the firl’c Reformers in Scotland, (and fo
in England too ) labour’d to reduce the Principles of Religion con-

\ tained in the Scriptures to a certainty: which that they might do, they

drew up the Heads of their Faith into certain Articles, which they

. own as their Belief from Gods WOrd : 'But now comes this lax

Interpretation, and not infifling upon‘ the truth, of the National
Confelfion of Faith; they enjoyn men to [wear to it, 'nOt as hippo-
fing it confonant to God’s VVord, but fo far as it is lo: and there-
fore not all Clanfl’r, not all ‘Propofitionr, are owned to contain found
Doétrine, but fuc’h as are founded on the Word : and yet which
they are, the prudentl conceal, and leave us' to our own liberty
to pick and clinic out w 1ich we pleafe, for ought can be feen to the

contrary.
- 6. The

 

 

 

_ 6. The other two Scmfler are {tippofed to bemade by the Prela?
tifis, and the Superiour Clergy, and how the Anfwer ierVes and fati‘s—
fies their Preteniions, as Ido not know, [0 I fliall nor give my {elf
the trouble to enquire: only, where we may litppofe the. Kingdom
ofSMhnd to contain in it'three forts of Perfons, ,Firfl,Papifl's; 'Se...
condly, High-flown Prelatifls; Thirdly, the old Breed of the firfl Re—
formers; Here are Salvo’: for the fir]? andfecoml fort, but, no regard
had to the old Proteflantr of the firj/ZEdz'rz'on : but {itch a temper found
out to let in the former, but quite. to exclude the latter: of which
fort, if we could fuppofe the prefent Earl of Argyle to be, we may;
then fee a fulficient ground wh he could not acquiefce in the Expli-
cation of the Council, being rained for other Interefls; and aRca—
fon why it was abfolutely necei’lary he fhould explain himlelf, con-
.ionant to the true and genuine meaning of the Tell, which before
that other forced and Violent interpretation of the Council, he had

not been neceflitated to do. And the confeqnence of this Interpreé .

tation will be this, That palliated- Papiils will creep hereby both in»
to Church and State; when many confcientious Proteflants of theold
Ramp will be for ever excluded. ‘

O

CH A P. V.

Of tbe Charge or Lydiéimwt of High-Trca'ibnpreferredA
agaiflfl Archibald Earl of Argyle.

E have not hitherto, by any Indui’try of our own, . allified by

our mere Morher Wit, been able t6 difcover the High-Trea-

fon that may be {uppofed tolie hid in that Explication of the 7e/i,which
he ,gave in to the Prizgy Council 5, it remains that we, now inform our
{elves from. more pryin Eyes: For, the States-men and great Lawyers

of cht‘Zmzd, whoihoul “be-ft underi’t‘andtheir"owniSIfatL-IECSSIhave, ier"

Comparing theiFgflL with the Law, ldifcovered not only ‘Tl'?3{992 ff but,
many Treafonsin that paper; and therefore, toithe, Indlélment or
Charge 1t fel_f,“I {hall remitthe‘Reader. ‘ "’ ” ' ‘

, . . \ ‘ , ‘ r . ,-

§ _ 4 a I . « _ x , _ . t

.u' ' . , ‘, . 3 _:, t . , ‘ , - 3 ~ _. j i
/

A Trike

l

 

 

 

 

 

 

,_ "N . k; ”.(219

A True Copy of the Inclit’t'ment'wbicb is preferred again]? Archi+
, “bald. Earl of Ar ile, for High-Trcaflm, who is to be trycdgfi
i Monda the I 2%. D'dy of tr’ai: Inflcmt December, 168 1, 45 it
i ' was. tit 22 flow the Original’Recordr. ’ _. -
l
l
l

‘Rcbilmld Earl of Argz'le, you are Edited and Accul‘ed,
.That albeit by the Common Law of all well governed”
Nations, and "by. the municipal Laws and Acts of Parliament of .
this Kinngm, and particularly, by the 2 I cap. Stat. I. Rot. Land
‘ by the 43 Act of Parl.’ 2 jaw. Land by the 83 Aét of Parl. 5 jam. 6.
l. and the 134 Aft Parl. 14.jac. 6. and by the 204 Aét Parl. 8 34c.
l 6. all Leifing-makers, and Sellers of them, are punilhable With.
1
l

 

tinfel ofLife and Goods, Likewife, by the 7 Aét Parl. 7 jam, 6.

it is Statute, That no‘ma'ninterpret the Kings Statutes otherwife]
than the Statutes bear, and to the Intent and 'Efléé’t that they were
" , made for, and asthe Makers ofthem‘underfioodg and whofo does
_ to the contrary, to be punifhed at the Kings Will. And by the
I Aé’c Parl. I jams. it is Statute, That none of his Majcl‘ties Sub-
.jeéts prefume to take upon hand publickl y to declare,orprivately
to (peak, or write any purpofe ofReproach againlt his Majelties
Perfon, Government,or States or to deprave his Laws and Aéts
of Parliament, or- mifconfirué’t his Proceedings, whereby any mif-
‘_ liking might be moved betwixt his Highnefs,his N’obilit—y,and his
Lovin 7'Subjeé’ts in timQComiiig,t111dei‘ pain 0f Death,certilying
themtat do on the contrary, they {hall be reputed as {editions
- and Wicked Iiiltrumeiits, Enemies to his Highnefs, and the Com-
monweal of this Realms ’ and the {aid pain of Death‘fhall be exec
‘ cuted'iagainf’t them Witha’llVigour, " to the Exampleof Others,
Ahd’by the-2A6} Sell: 2."Parl. LC‘argz'. it is Statute, That Who-_
ever ‘fliallby‘Writing,Libelling,oriRemonl7tratingw, exprefs, pub-
lilh or declare any WOrds or "Sentences to fiir up the PeOple to
the diflike of his Majefiiesx Royal Prerogative and Supremacy in
Caufes Eeclefialiical, of the Government of the Churchby Archa
bilhoias and BilhOps,as it is now efiablilhed by Law, under the
pain of being uncapable to exercife any Office, Civil, Eccfisfia-

' ' ical ‘

,, bx , 1-»:v.‘ ...,

"‘ ;'*'—‘~"‘“‘.r“ “f T; ‘ U s
_ _ H-..

-- s - " ‘“ .* ‘f.-._.. flaw“ __.. "——
., , -- _
4—» v-s . '— \

 

 

 

 

 

 

 

 

it V \23) -
fiical or Military, within this Kingdom, in any time. coming ;;

‘Likewife, by the fundamental Laws of this Nation, and-by the '

138 A&Parl..8 fine. 6. it is declared, That none of his Majeflzies
Subjcé’ts prelhme or take upon hand to impugne thetDignity and
Authority of the three States of Parliament, or to procurelnno-
vation-or Diminution ofthcir Power and Authority, under "the
pain of Treafon', and it is much more Treafon in any of his M31-
jefiies Subjcé’ts, to prefume to alter Laws already made, or to
make new Laws, or add any part to any Law by their own Au«
thority, that being to aflume the Legillative Power to themfelves,

which is his Majcllies be& and movfiincommunicable Prerogative. .

Yet,true it is, that albeit,HisSacred Majefiydid befiow upon you
the {aid ArchEarl ofArgz'le,thefe vaf’t Lands, Jurifdiétions, and“

Snperiorities, jnfily forfeited to his Majcfly,by the Crimes of '

your deccafed Father,preferring yourFamily to thefe, who had;
ferved his Majeliy in the late Rebellion againftita but allo par-

doned and remitted to them the Crimes of Leifing,Making,and..
Milconl’trué’ting of his Majellty and the Parliaments proceedings.
againl‘t the very Laws above-Written, whereof you were found
guilty, and condemned to die therefore, by the High Court of.

Parliament, Amzo 1662. And raifed you to the Title and Digni-

ty of an Earl, and of being. a Member in all his Majeil'ies- jurih-

diétions. Notwithl’tanding of all thefeand many Other Favours,-

to you the faid Arc/o. Earl of Argile,.being put to the Lords of

his Majefiies Privy Council, to take the chi appointed by the

Afi‘bf the lali Parliament, to be takentby all perfons in publick} "
Trufi‘g infiead of takingthe fai'd Tefl, and {wearing the fame in-

the plain Senfe and Meaning of the Words, without Equivoca‘~

tion, Mental Refervation, or EvafiOnswhatfomever, you declare . .
againfi, and defame the {aid Aé’tg and havin'gto the end you;
might corrupt others. by, your pernicious Senfe, drawing-the fame .~

ings, _at arTime efpecially, when his Majeliies Subjeéts were ex-

peé’ting that Submiflion ifhould be giVen to the faid TePt {and
being ,defired the next Day, to take the fame as. oneof the-COméi
" mifii: —- ,

 

in' a Libel, of which Libel, you'difperfed, and, gave abroad Con
pies, whereby Evil Example Was given -to the Kings Proceeds '

 

 

 

 

~m’ipfii‘oner-s. to-‘ his lMaj’ei‘tiesTreafury‘, then did give in to’ the
Lords’o’fihis Majefties Privy Council, and owned twice in plain
Judgment before them,the laid defamatory Libel 'againfl the faid

Tcfl and Aéi-of Parliament, declaring that ye had confidered the

laid Tefl, and was delirous to give Obedience as far as ye could,
whereby ye clearly inhnuate, that ye Were net able to give full

« _ bed'ience.

. -; In the Second Article of which Libel, ye declare that ye‘are'
confident that the Parliament never intendedito impofe contra-

"diétory Oaths‘whereby to abule the People with the Belief,thac

the. Parliamenthadbeen f0 impious as really and aétually to im-

, pofe Contradiétory Oaths,‘andfo ridiculous as to have made an A5}:

of Parliamenti'CWhich {hould be ‘moi‘t deliberate of all Humane

'Aéiions) quite contrary to their own Intentions 5 after which.)

ye fubfiimed, Contrary to the nature of all Oaths, and to the Aéts
above-cited, that every Man niuli explain it for himfelf, and
take it in his own Senfea then the Oath is impofed to no pur-
pofes for, the Legiflator cannot be fure that the Oath impofed by
him will bind the Takers according to the Defign and Intent

”for which he appointed it, and the Legiflative Power is taken

fiom the Impofer, andf‘etled' upon the Taker of the Oath, and {0
he is allowed to be the Legiflator, which is not only an Open
and violent depriving of his 'Majel‘ties AéZts of Parliaments, but
is likewife a fettling of the Legiflative Power upon private Sub-
jeé’ts, who are to take fitch Oaths. _

In the Third Article of the {aid Paper, you declared,
That wye take'the Tel? in as, far only as it is confif‘cent with
it {elf and the' Prot‘eflant Religion 5‘ by which, you malieie
oufly intimate to the People, that the flaid Oath is incoziii~-~
{tent With it {elf- and the Protefiazzt Religion,Vvhich is not only
a down—right depraving of the {aid Aét of Parliament, but is like».
Wife a mifionf’truéting of his Majefiy and the'Parli-aments Prm
ceedings, and a mifreprefenting to the PeOple in the higheli de-
gree,and in the tendereft Points wherein they be Concerned, and
implying that the King and Parliament have done things inconm
fifient With the Pratefian‘t Religious for fecuting of which, that '
Tel? was particularly invented. ‘ x V , In

A’m3A"L"- x,

 

 

 

 

 

, _______ ( 95 )

In the Fourth Article you exprefly declared, That. you mean
not by taking the {aid Tell, to bind up your felf from wrihmg
or endeavouring any Alteration that ye {hall thinkgfor the Ad-
vantage of the Church or State: whereby, although It Was de-
figned by the faid A8: of Parliament and Dam, That no Man
'{hou‘ld endeavour any Alteration of the Government, either in
Church or State, as it is now efiabliihed§> and the duty ofali
good Subjeé’ts in humble manner to obey the prefent Govern-
mentg yet you not only declared your fclf, but by your Exam-
ple invited others to think themfelves loofed from that Obligaa
tion, and that it is free for them to make any Alteration in ei-
ther, as they think fit, concluding your whole Paper Withthefe
Words, [And tbis I under/land a5 a part of m} Oath] which is
not only an Invafion upon the Legiflative Power, as if it were
lawful fbr you to make to your felf any Aét of Parliament, fince
he that can make any part of an ABC, can make the Whole PoWer
and Authority in both, being“ the fame 5- Of the whilk Crimes
above—mentioned, you the faid Arcbibald Earl of Argile, are no-

tar, art and part, 'whilk being found by Alliae, you ought to be
punilhed with Pains of Death, Forfeiture , of Life, Lands, and

Efcheat of Goods, to the Terror of others to do and commit the
like thereafter. ‘ .
Here follows a Lift of the Affizers, or Jurors.

Marquefl of Montrofir. . Lord Elibank. Sir Robert Daliel of Glennél.
Earl of Linlitbgaw. Lord Dunkrl. Laird Balbmain. ' '
Earl of Wintone. Lord Livingflone. Laird ParckGordon.‘

Earl of Stratbmore. Lord Sinkler. Sir Will. Nicolfon damning.
Earl of Roxbrougb. Lord Lindoors. Laird Lamingtown.

Earl of Haddingtone. — Lord Rollo. * Laird Claverborfe.

Earl of Drumfiice. Lord Bruntilard. , Laird .Longfirmegom. /
Earl of Artie. \Laird Purie. Mr. Cranfi: Magomric, Brother
Earl of Marr. Laird Lefmore. , to the Earl of Eglington. ‘
Earl of Hume. , Laird Hall-yeardr. Mailier ofSallmirinocb.

Earl of Peartb. Laird Hillrown. Sir Andrew Ramjjr of Abitn
Earl of Dumfermlinga Laird Ormcjflown. ball.

Earl of Dallbufi. Laird touch. _ Laird Haring.

Earl of Sui/Jerk. Mazfler of Bamirinaclg. ' Laird Grcddenkar.

Earl of Treddel. Mai/hr of RM. Laird Landing.

Earl of Midletown. " - Mai/fer (If-Barbi; Sir W illim Paterfan.

Lord Ry}. Laird .Gqfifbrd.

. , The Names of the Witneflhs. . .
(Pat. Menzier. Lord Regifieib . Hugh .Stivifigfimgjc.

"it

 

 

w__,._

 

 

 

 

 

V . . _ Here follows the‘Explanation of ' the TB ST.”
I Have confidered the Tefl, andam very defirous. to give Obedience
f0 far as lean; Iam confident the Parliament never intended to
impofe contradiél'ory Oaths, and therefore I think no man can explain
it but for himlelf, andreconcile it as it is genuine and agrees in its own
fenle; and I take it in [0 far as it is confident with it felf and the Prote-
flam Religion: AndI do deciarc, I mean not to bind up my [elf in my
Station, and in a Lawful way, to will) and endeavour any alteration 'I

think to the advantage of Chart/J or State, and repugnant to the Prore- /

figrzthRelzginfi, and my Loyalty; and this I underfiand as a part of my
at . . . .
A ‘ , 7/29 day ofCompz’mnce, 12th of December, 1681.

This dreadful Charge we fee has found out the Treafons, which to us
had been for ever a Term Incognitdt. Of which I {hall fay little, . nOt
doubting but the Earl and his Counfel will fay the more : only we
may make lome obvious Remarks as we go along,that the Paper may
not feem utterly defolate, and uninhabited. '

And firfi, We have a recital offundry Laws and Statutes upon which
the Indiétment is grounded, and contrary to which the Offences laid
"to his charge, are faid‘to be committed. One Aét tells us, “That all

“‘Leifing—makers, and Tellers of them, are punifhablewith Tinfel' of

“ Life and Goods. AnOther, “That whofoevet' interprets the Kings
“ Statutes Othermfe than the Statutes bear, and to the intent and effefl:

. “ that they were made for, and as the makers of them underflood, {hall

“ be puniihed at the King’s Will. Another, “ That whofoever {hall
“ reproach his Majellies Perfon,Government, or State, or deprave his
“ Laws and Aéts of Parliament, or milConi‘true his Proceedings, whereby

- cc mifliking might be moved between his Highnefs, his Nobility, and ‘
“‘ his IOVin Subjeéts, {hall be guilty of Death. Another, That ‘
,“ ever, by riting, libelling, or Remonfirating, {hall publifh any words

who-

“ to flit up dillike of his Ma jellies Royal Prerogative in Caufes Ecclefi-

4‘? 311123], of the Government of the Church by Arch—bilhops and Biihops,
. cc as now efiablifh’d by Law, {hall be incapable to exerc1fe any Office, _
' “ Civil, Ecclefiafiical, or Military. Anather, That whoever prelumes

“ to impugn the Dignity or Authority of the Three Eilates in Parlia—
“ ment, or to procure Innovation, or Diminution of their Ifower and
“ Authority, {hall be liable to the pain of Treafon. Further, it is affert—
cd, (but not Statute~cited ) “ That it is much more Treafon toprefume

CC [0

 

 

 

 

 

 

. ,e -
. x27)v . .
“ to alter Laws already made, or to make new Laws, or add any par:
“1 to any Law by/their own Authority; _ -.; ~-: .. , . ‘ _ a. -. a
2. In the Charge we find a Rehearlal;otetlic..V4fl—Zdnds, gurifdiffiom,
and Saferiorities lye/Zoned upon the [aid Barley/Jo's Maje/zjv. at this can-

nOt eaiily be conltrued into Higerreafon, in a :Well—compofed and

faded Gove‘rnment,although true 'it is, that great Eliate: have {ome-
times made their Owners criminal;- and to;._'be Ric/1 has of old been to
be Guilty. ~ , , a , . g ‘ _ , j * , ;

3. W e have the comparing of .the Earl’s F43: with the feveral Lag:
recited, that {o it may appear that his Ai’t’s are Treafonable, ands-his
Perfon to fiiffer as a Traytor. . - » - ,
' I. He is charged to ”have “defamedthe At} of Parliaments and to

“ have draWn his Defamation into a Libel, to, the end he might core ,

“ rup‘t others by his pernicious Senfe, and to have difperfed, and to
“ have given abroad Copies thereof, whereby evd Example was given
“ to'the Kings Proceedings, That he gave in t0 the Lords of the Coun—

“ cil the (aid Libel, and owned it twice. in Judgment, and that be de—

“ clared, he had coniidered- the Te/f, and that he“ was defirous togive
“ Obedience as far as hercould: W’ihence he is charged to have, clearly
“ infinuated, that he could not give-full Obedience. ‘ . ‘ ’
It is an unuiual thing to have inflnmtz‘om, (though fancied neverfo
clear) ferewed up to High-Treafon; feeing thefe lnfinuatiOns maybe
only taken ,unjullly,and never given: but that an iniinuation that aman
cannot give fir/l obedience to every thing that is commanded by a Law,
iho'uld be Trealbn, is beyond all degree of admiration, feeing that all

‘the Papilis in Scotland, (not to mention the‘Lord ‘Commilfioner him-

felf) do give more than clear i_22,,7nuation3, even plain and pofitive pro—
feifion that they cannot give lull obedience to all the Laws, and it were

well if they were but half {'0 Loyal as the Earl, andWere defiromito give
obedience 44 far as they can: but it IS far otherwrle; they totally refu’le to

fubfcribe t/ye Confeflion ( though with the latevExplanatiOn, I liippofe,
they will not Prick at it) they refrain from the Publick VVorfhip efla-
.l'iliih’d by many exprefs Laws, and yet they are not profecutefd as
rthors. ,_ . ‘ — ~ - ‘ : . - ‘
But though this be called a Libe[,I can fee nothing but Modefly and
Loyalty in it, being qualified with thofe words, which the Charge omits,

wt. to endeavour 2'22 12:}; flarion, am! - in a lawful way, {itch Alterations as

might be repugnant tohis Loyalty. And if it had been a Libel, why
was it lo freely received, when heoHer’d it flrlt in the Council? It was

\ accepted and entertain’d, and his Oath given to him with that EXpla-'-
nation, only it was re jeéted the next day, when he Was called upon to

2 take

 

mwafiéfla—W‘L'
w“, A A _ r '

A r: . . , I,
0.-..«m "‘ " wail A A

 

 

 

 

 

*- . (128 3.
take it again in another. capacity, via. as one of the Lords Commitiio-
nets of the Treafury : It rs firan‘ge 1t {hould grow Treafon 1n twenty

. four hours ! Befides,the Law requires not (that-l can find) that a Pet--

{on‘who flands in many Capacities, lhould take the Oath many times. 5
{Or if the Perfon be onbe obliged'in Confcience,‘ he is obliged in eve-.
ry- Capacity to the dlfchargc of his Oath. Nor could his fhewing to
his Friends the Copy of his own‘ Explanation, which the Council had.

accepted, be realonably interpreted a publifhing of a Libel, feeing it was.
only to thew the, Grace and Indulgence of their Lordlhips to himfelf,
which could be no Defiamation, but a: Commendation of the Tender-

nelis. ot the Government. _ . V
2. He is fecondly charged Wltl'l declaring, that he was “ confident:

“ that the Parliament never intended to. impofe contradictory Oaths :-

and the Inference drawn thence is, that “ hereb he abufed the People.
“' with the belief that the Parliament had been 0 impious asreally and.

.“ actually to impofe contradié’tory. Oaths, and fo ridiculous, as to have-
“ made an Aét o£ Parliament (which ihould be molt deliberate of all

‘5 Hhmane-Aétionsu) quitecontrarv to their own Intentions.

Icannot tell by what Logick of Law this Inference is deduced from
thefe Premifes. The Ear-I, is. confident they never intended Contr.zdz‘~-.
ffiom, therefore he fup’pofes. there were afraid] Contradiffz‘om : no inch:
matter : but therefore it will follow, that where an Aé‘t is. pen-.
med-.dubioufl}1,it- muff be {0 interpreted, as to avoid contradiftiow, which
is afCiv‘ilit due to. all. Humane Confiituti'ons, which dare not pretend
to Infallibility. T

It is. true, that Air; of Parliament [kould be the mo/f'delz‘herate of all
Humane Aftiom, they fkould be fo, de jure, but are not always fo a'e faa.
{£0 ;. Hu'rzane frailty muft be acknowledged in the midli of the moft

exaft Delibemi‘z'ons'; And if the Charge aliens, that they [held be mtg/I“

deliberate, it will not prove they ever are fl); Pallion lS very~ dim-
fighted, and often huddles up things in great hafle and diiorder;
men may be [0 zealous to reach the End, that they may. {tumble
aethe-Means; and that that Parliament, of whofe Honour we are ten--

der, might {uffer fomething of Humanit , is evident, in that when.
all Was done, the Privy Council was forced,
afc‘nre-Stile, and interpret it [0, that it fhould rather carry a contradi- '
(Men to». the~:...frotej}ant Religionthan to it felfl Nor is it a Suppofiti—

to help them oVer, the ob-

on- of: the Parliaments Impieqy, but a. bare admitfion of their Non.-
infa‘llz’bz‘lizy, to have iinpofed for’ne things. that carry a teeming corr—
t’radiétion to . themfelves, or to fome Other Law equally in Being,

and Farcefwith that :, Impz‘ety affeéts the Will, which may be goipd,.,
‘ i ' W en...

 

 

 

 

_..r —A

 

 

 

 

 

 

 

 

I {(29)
when the Hines of the ’Z/ndetyinno'ing are weak: There is no‘ArtiPt what"
ever, that always aas up to his Principles and Defigns; and the Archit
teétonical may come (hort in its operations 5 Praétife feldom come8
up to its Rules, and OthGl' Nations (as wife as that) have feen Rea~
loo to make Ex/[dndtmy A65; to interpret the ill. wording of the for».
mer

04th:, and to the Aft: above—cited, that every man inn/ii explain it for
[gm/e42”, and take it in his own/enfe. ' This branch of the Charge hath
in it matter of Divinity, and matter of Law. 1. Of Divinity. That for
a man to explain nn‘OLith hint/2’1)”, and to take it in hos own fen/e, is con-
trary to the nature of nil 04th:. But firfi, I humbly conceive, that this.
is not univerfally true; for if a Perfon {hall tender his own fenfe and"
the Authority who is to adminifter the Oath do accept his. lends, he-
then is obliged in that fenfe and no other : And if the Council had re-
fufed to accept his own Interpretation, no doubt he had refufed the)
Oath, which had not been High-Trealbn, but only a difcharge from
Publick Trui’t, Offices and .Employments. Secondly, ’tis lo far from
being ~true,that ’tis not polfible for a man to take an Oath lawfully and;
confcientioufly,but he mull take it in a fenfe that islome way or other
his own 5 for if the fenfi: of the Oath be not made his m before he takes.
it, he {wears without Knowledge and indgnzent, and then "tis no matter
whether he take it in any fenle at all or no :- let. him: but Wink hard and
lwear, ’tis well enough. '
2. \Ve have here alfo matter of Law; ’tis {aid to be contrary torthe Aft"
above—cited ; Let the Lawyers dilpute that 5- all that I can find is, that
no man {hall put a fenfe upon an Law that {hall bind anOther, or be“
the Publick Senle of the Law to al the Sub jeéts, which ,whether it reach.
the Earl of'Argyle or no, or fome others that have'prefumed to impofe‘
fuch a General senfe, is not my task to examine :: yet thus much I:
- conceive is reafonable, that any man may offer his doubts to the Au—-.

thority before whom he is to lwear, or- filblcribe; if they. accept his 80-

lution of them, and that‘not difagreeing to the Letter of the Oath", he

may take the Oath in thatz-accepted'Senfe, at lea-ll, there’s no Maximal?

common Reafon to the contrary. ’i i. . p ,
4. An evrl Confequence istcharged upon the Earl’s prachfe 1n the”

lalt particular; viz. That then the 04th is intfofltd to-no- pnrpofe, for:
'1 the 'Legijlntor cannot be fnre that the Oath imp‘ofl’dhy- ham/1 bind"

the Takers according to the De/ign and Intent for 7whz'ch he npzoinn
ed it ’: Nay rather, the Legiflvtor cannotbefnre thatx‘the Oath is taken

according to his Defign, unlefsl the Taker. declares that he takes.

 

' 3. .He is charged to have fnbfmned, contrnry to the nature of all

i it:

 

 

 

 

 

(30).

it in his {enfez And again, if the Oath be doubtful, and may have many
Interpretations, there’s no way to lecure the Legillator that the Taker,
' eceives it in his Ernie,“ ithout the moll explicit EXplanat‘ion of his meaé
ning: How {hall the Legiflator be fure that the Oath is taken in hone/e,
when the dubious drawing of the Oath makes it uncertain what is the
Lenglator’s fen/e : Laws can never hold Equivocators and mental Refer—
vets; they «are the only men Whom he can be lure 'of, who will dealiair;
'ly, and above board, and let him know, thus far he may be lure of me,
thus far will 'I fwear, and no farther: Nor can it be (aid, that 04th.; are _
'to no phrfofe, if they be nm to allpnrpofe: ; for they never ought to b:
.ttled'toevilfmyofes, to inlnare men, to halter their Coulciences, or flip
dubious Oath4over their Heads, and then tell them, So now we'have you

hard and fail, you are/bound farther then you dream’d of, you mull

do thus and thus or-be perjured. 4 a :
5. A further aggravating confequence is, That hereby the Legi/Zntz‘ve
Power is taken from the Impofer, and fer/ed upon the Taker of the Oorh, and
fl) he as allowed to he the Legzflntor 5 which 16 not only on open, and violent o'e-

\ priming of hos Mojez'fie: Aft: of Parliament, but i5 likemfe n flrlz'ng of the

Legi/Zdtz've Power nfon private thjefis, who are to take/“nth Oath: : This
is the Reafoning of men who live very remote from the Sun, and too
near the Arétick Circle. For I. the Judgment which the Swearer ufes, is
nothing but that of dzferet‘z'on for himfelf, not of Legzflotz'on for others. He.
that takes an Oath in that which he judges the true fenie, does nor im-
pofe his Senfe upon the whole Nation ,: the former is his Perfonal Pri—

. viledge, the latter peculiar to the Legiflator : If the Earl of Argyle had

faid,I take the Oath in this fenfe, and Icommand all men whatever to

take it in the lame {enfe I have hereby impoled, there had been fame

colour for this Imputation.

7 And if it be true, to explzin an Oath he to fettle the Legi/Zntz‘oe Power

in him thntexflnz'n: it, then it is moi’t-evident, that theSecret Council

have arrogated to theml‘elves the Legiflative Power, who have (nor as

the Earl 0i Argyle interpreted it, each for himfelf,bur) impofed a fenfe in

which all Arch- biihbps and Bilhops are bound to adminiller it, and fuch

a fenfe too as plainly ruines the Confeflion of Faith, the old Standard of

Proteilancy in Scotlxno', and therefore. may be prefirmed contrariant to

themeaning of the Parliament,who in their-Tefl defigned the Confirming

‘ and Eilablilhing of the Protel’tant Religion ,as, profeffed in the Con feliion.

6. It is charged on the Earl, That he'declares, he takes the Oath fo far,
only a: it is confl/ient with it jelf and the Protefl‘nnt Religion. In which

' Charge, the word ( only )* is added, _ which I finant in the Earl’s: and

that is a Word of great Importance: for as the Earl’s wordslie, Itake it

In

 

 

 

 

 

 

 

' C 3 I ) k “T
in fo far at it aconfl/lent with it felf and the Prote/lant Religion, may bear _
no worfefenfe than this, It the Tell be thronghly confillent with both
.thefe, then I take it thronghly: which does not neceliarily fuppofe any in»
confifiency: and if there be 'a SuPPOfitiM, I hope an Hypothefis is not
H igh-Trealon : but the word (Only ) added in the Charge implies, a Sup-'
polition of forne aé’tual incon fiflency with it lelf, or the Religion; fo that
herein the Charge has either invidioufly reprefented, or in jurioufly cor—
rupted the words ol the Earl. And I hOpe this Charge or Indié‘tment is
not ef‘tablilhed by Aét of Parliament, but that it may be lawful to ex-
amine 1t. ' ‘ s

' There is yet fomething further,and perhaps more material to be obfer—
ved; namely,that the Earl deals no otherwife with the ”I'e/l,than the Privy
i Council deals with the Confeflian of F aith,in which neverthelels the Prote-
fiant Religion is as much concerned as in the Te/i. The Council declare,
That by the ’l’e/l we do not [wear to every Clanfe therein (the Confellion)
contained, but only to the True Protejlant Religion, &c. If then it be lawful
to I wear to the Confe/fion (0 far only as ’tis agreeable to the Protel’tant Re—
. ligion and the Word of God , ’tis equally lawful to {wear to the 7 efl [0 far
F only as ’tis agreeable to the Protefiant Religion : Nay, the Earl is more ,
fparing, in leaving out the Word Only, which the Council has added ‘
in their Declaration, and the Indictment l‘upervadded to the Earl’s.

7. The Indié’tment proceeds with an Inference from this lali Claufe
of the Earl’s Explanatory. That it is a down-right depraving ofthe Aft
of Parliainent, and likewife a mzfcon/lrning of ha Maje/Zy and the Parlia-
ments Proceedings, and a mifreprefienting to the People, in the highe/l De—
gree, and in the Tendere/i Point: wherein they he concerned 5 and implying,
that the King and Parliament have done things inconifllent with the Prote.‘
flant F elzgion. , .

Which part of the Charge is drawn very lirangely, It is a down—right
depraving—--I/n]>lying—-——that is to fay, that What a man lays by 1/22, li«
cation and indireffly, he [peaks it down-right and direfllv. But, if the
Words be not firained, and difiorted from their plain and genuine
-Meaning, there is neither down-right nor impliczte Depravation of. the
King or Parliament, of their Intentions, Proceedings, or otherwife:
For, all thefe hard Confequen ces are much more applicable to the Decla—
ration of the fecret Council, and not eafily applicable to that of his
Lordfhip’s, without Implications, Inferen‘ces, DeduCtions, which it is not ;
poiiible to forefee, or to revent crafty Lawyers from making. The '1

 

~..-v-,:

 

v.7“..Y—wr—vW—wwu «72- w‘m «— .

”1V. V4

 

Charge confeiles, That t e Te/l ma intended for the floating of the Pro .

f te/lant Religion. As far as the TePt anfwers, that End which may be (for l
.z' ought the Earl has laid to the contrary) entirely and throng/24', [0 large 5
‘ ‘ ‘ I ‘ ta es :

up, “ H

 

 

 

 

 

*‘W ‘ (‘33) v " .

“takes it, that is entirely and throng/21y; but {0 far as any thing anfwei-S
not the End for which it is invented, it) far it‘s no Menne, and {0 far 0
no we; for ’tis she End that ‘gives Dignit and Value to the Means.
Now,as the Council hath interpreted the >Teft, it‘s no Means to fecurc
the PrOtefiant Religion: For, what is that Protefiant Religion which
is deiigned to be fecured ?‘ and where may we find it? If it be laid
in the Word of God 5 That’s true: but it’s as true too, that all Religions
wiii pretend to be found there .' If it be laid in the Confe/fion, the Coun-
cils Explanation exprefly tells us, That the Tei’c requires us not to
fmettr to everyCZnnfe or Prom/hon therein 5 and ’tis as true, that they tell
us not to which Claules we are to fwear, and which not: and therefore
l we are turn’d oli to the former Generality, as it lies in the Stripture,

which Will never fecure the Proteiiant Religion againit the InrOads
and ’Inchroachments of Papifl's and Poperyfi‘w‘

8. It is farther Charged upon him; That he means not by talking the
fad Toff, to bind Mp ni/nfelf, from wthing and endear/owing any Alterati—
on lit? [ball think fit, for the advantage of the Clam/1 or State. And it
it cannOt be reafonably thought, that any true Sub jecft took it with any
other meaning; for no Man when he does a good Work, intends to
abridge himfelf of doing another; and 'feeing 'tis impollible for the
. Wit or Fore-fight of man to forefee what may farther emerge neceil
fary to be enaéted for the Advantage of Church or State : no mancan
pollibly f0 tye himfelf, but that he lhall always be at Liberty to do his
dut to the Church and State. .

liitt it deferves a Remark, that the Profecutors here forgot, or'elfe

 

voluntarily omitted, that which would have cleared the Earl’s Inten-
”l tions, namely, that he limits his Endeavours to his Station and a low-
fnl 'Woys and if it be Treafon to endeavour any Alteration for the
benefit of the Church and State in alnwfnlmty, and when a man aé’ts
l in his Place and Station, all mens hands are tyed up from profecuting
“’3 the true Ends of their Allegiance. ' y

‘ And yet fee how unmercifully thefe Words are aggravated.

“ It was defigned (faith the Charge) by the {aid Aét of Parlia-
1i. .“ ment and the Oath, that no Man {hould endeavour any Alteration
‘ “ oftthe Government either in Church or State, as it is now eiiablilh~,
ed ': to which Ifay,

__ I. If the Print: betrue this is not true : for the Teft fays, not to endea-
_ deavour any Alteration in the Government, either in Church, (See. The
Earl’s Pa er fays, To endeavour any Alteration to the Advan-
tage of C arch or State. The Charge fays, The A6}, of Pat--

_ liament defigned, That no Man lhould endeavour any Alteration of
‘ » ' » the

 

      

 

 

i .

~ ' - ,+ . . ' (*3331)‘ - 2
~ '0 'thé‘G’éw‘t-m'm't’, eithelt in Church onState‘t Now
it {‘6 f‘ obliges not agamft an endaa'uariirg'au dramatic}; in the Government,

"but of the Gowrnmeht :; The Earl neither- looks Upon ltlmfelf as boundto ,
make-alteration etther in the Gawmment, or‘pfthe Gawarnmeht g2, Betcha». '

ly to endeavor: alteration for the, Advantage-of both 3 ' and yet the Charge

would infinruate, that he had referved to himfelf a latitude and lih‘era .
w by his Interpretation to make an Alteration afthe Governmmt’infelf:
. , . T here may be mee Alteration made in a Government," which isno Alma
2 *‘tation'ofvtheGovernment, the fpecies orkind’orGovernment mayhem-'-
tinue the fame, and yet‘there'may‘ be fome'Amendments in partiCuIar;
”contrived, "but however the Earl refervcs to himf'elf a Power Only. to

make Alteration for the Advantage of the 'G‘Overnment,gin' Church and:
State, which may be done, and his ends anfv'veredfwithout any'Altei-r
ration in, or of the Government. A Houfe‘mayr be repaired, a rotten Beam

removed, a found one inferred, and yetthe Model, the‘iGro-unds-plar,-

/’ the Foundation, Walls, Roof continue the fame. ‘ v ' . , . . ,
And therefore the clofe of theChargeis *mol’thorrid: Tetjm not only

declaredjourfelf, hut h I } our Example invited othet's to thinh themfelves'loofed: . h

from that Ohligatioh, (malt/mt it :3 free for them to make an flltemt’ien in
ezther. 44]” thin/(fit: To which fn‘rely the Earl-s ’Counfel would a’nfwer;
I. That the Earl never pretended to beat liberty tomake any Alteration
m- hé [mould think fit. ' But as he thought for the Advantageof Church
and State 5 where he does not limit himfelf by his own 2 thinking, but the

Churches, andStates Advantage, and Benefitt .2. That heinvitediothtrs,

h} his Exampleto dothefame, is not cauteloufly fpoken; fo he declai-
red for himfelf, he explained the Oath for himflelf, and for..himfelfonl],
_ and if any other {hould follow his precedent Example, that is but a ooh-—
. tingency, and to be made a Traitor forthe contingent Iffiles Of a Mans

words or aftions, isfomethz’ng, for which ci-ivilizecli Natitm‘s, want a"
' Name. 3. As the Earl is charged with thefeHiglLCrime-sfib the [effigy
tin Claufes, with which he mollified allha/tfehei's ofeXprlelhon, and em
dea‘vore‘d to prevent mifconflrufiion are utterly omitted, asthat he

Would not bind tip himfelfin~ his Station, and in a lawful Way to ehdea-v'
vor fuch Alterations, and that he fore-prized out ofthofe Alteratiomsall;
evil ones, and yeildhrmfelf tofuch, and fuch only as might be for-“the

Advantage of Church and Stags-«and aid] as Were repugnant; to higgoy.
alty ( as a Submit )and the Protefiant Relig:o_h(as a Chrill‘ian.) , ~

(gyms [at part ofthe Charge ES, - that he concluded with there words."
' ~ ‘ E _ [Ami U

 

then, 3 the Tel? *

2:1

 

 

 

 

 

  

. (‘ 3P4?)
E'Andttlais I finderffémd a apart of ”yo/1th. JUpon' which Words the AdVo-l
care, General defcants, with great conceit no doubt of hisown abilities.
Which ( fays he) 2': mt only an Innovation upon the Legifldti’l'l: Pamr, wif "

‘ it were lanfilfarfm, to make toyaurfelf an} .45! cf Parliamentfincelst the:

mamke any part of MAE}, can make. the whole, Pawn, and Authority 4'»

. éatb‘éedmg' t‘befame, and-now we expeéted 4. Bart. Tia not an!) lb and fo, .

éwinatbing. Yet if it be fa though not 41/21, it’s enough to hang many a
Man, but what. if . it be. not fo? then her’es a long Charge, without
matter. But I 'fufpeél: that Integrity of ' the Prints; -elfeof«‘thefenfe of '
thé Aé’ts beyond Tweed beno more intelligible than this-lafi Claul‘e, they
mutt either be-ex-plained‘, or never obeyed by any that are not relblved
to roll) through thick, and thin.- He that interpersanOath, fuppofes
that his Interpretation is a Part of the Oath, but not an Mdztionalparr, ..
orta part of his own adding, but fuch apart as really and in truth is
within the Aéi: itl‘elfl , and only wants fome Will and Wil‘dom to draw
it Out: The fenfe of the-Law is' the Law, for Letters, Syllables, Words,
without meaningcan be no Law to the Subjeét, no more than Scotch-g.
men can» dance to their own Bag-pipes when they give an indiliinft,
and‘uncertain Sound: Ifthen the fenfe, and meaning be obfcure, and

* the Subje&--lhall tell whathe thinks in the cafie, they are either to re-

.fufe the fenfe or accept it, if theyaccept it ’tis their fenf‘e, or rather the
fenfe of the Law, not the private Perfons;,_ if they rejeét it, thereis no”,
harm done, but the vexation of a-poor. Man foanot {wearing he knows;
nor what;

Chap; 6. oft/ye Earl ofArgers T7741,
Hz’rSpeec/r" and anemia”.-

UPon Manda} the 12th of Deceméer I68I. the Day of his Compeaa: ,
. i. rance,the Lords of fuflz’ciar} being alfembled in the Morning,before
Ten the Earl was brought to his Pannelgin the firft place the Lord Adm-
64:6 produced his Commillion from His Majeff], and the Councilfor the

“Profecution of the faid, which (as he faid) he refolved to do with the

great-ref: Moderation of Spirit imaginablenhe Libel,Charge, orIndiétme nt ~
was then Read,l0unded on feveral Statutes,aga‘ml’t Leifing-making,and
mifreprefenting the Kings, and Pariiaments meanings, as more at large
is to be feen in the Indictment it felf, to which the Reader is referred;
Hereupon the Earl, made an Elegant Speech in vindication of hilnifelf‘,
. w erem

 

 

 

 

— a ’< ‘5: )‘ -

_- I “Whereinhe gives a ‘fliort‘Nsrratire o‘fhis Life, his 'Loyaity, bushes
_, caufe we-i-rnay wrong the Speech it felf‘ by. our Abbreviation, let the
v-Reader perut‘e the Speech it felf'. , ‘

The Speech of the Earl of A R G’Y LE at In" TRIAL imtfk
41 2th, of December 168 I. ‘

-. "My'iL'Of’a Janice Generalanhd Remy-kg
_ ncnt Honourable Lords oljufiicia'ry ,

5' I Look upon it as the undoubted Privilegeof the mean-eh Subject, ti)
explain his’own wordsin the moft benign Senfe. - . y y -

. And even when Perfons are under an evil-Charaé‘temhe mifconf’truCti.
on of words, ain-themfelv'es not ilil,can only amount'to Prefumption or ’ g
. Aggravation, and not a Crime. But it is {trangely alledged ( as well a J a 9
as impollible to make any that knows me believe), that] could intend a. "‘
my thing, but what was honel’t and honourable, fuitable to the Pride
ciples of‘my Religion-and Loyalty, though 'I didth explain my felf at

all. _ ,

My "Lord, pray be not offended, that] take up a little of your time
to tell you, I have from my youth made it my bufinefs to ferve his Ma— i
jel’ty faithfully; and have confiantly to my powe’r,appeared in his fervice, i
efpecially in all times of difficulty 5 and have never joyned, not complied ' i
with any Interefi or Party, contrary to his Majefiies Authority,but have ?
all along ferved him in his own way, without a frown from his ‘Ma-jel’ty ‘ i
thefe thirty years. . -- 7 '

As foon as l palTed the Schools and Colledges,l went to travel to France

and [ml] in the beginning of the year 1,647. and continued abroad‘till
the end ofthe year 16.9. ,

My firi’t appearance in the World, was to ferve his Ma jel’r’y, as (301- .
lonelof his Foot-guard and though at that time all-the Commiiiions ‘
were given by the then Parliatue’nt,yet {would not ferve without a Com-
miiiion from his Ma jeliy, which I have l’tili the Honohr to have by me. .

Afier the misfortune of Worcefler, I continued in Arms for his Ma—-
jefties fert'ice, when Scotland was over run with the llfurpers, and was
alone with tome of my Friends in Arms,in the year 16372.. and disthen
keep up tome appearance of Oppofition to them by taking feveral ofthe.
Caitles they had garifoned in Argyleiflnire ; and taking and 'kiiling three
hundred of them inione day. After which,1joynedwiththofel‘us Ma~ i

E 2 ' ~ . ‘ jeliy

 

 

“Wow-.. ,1, __ ._Ww,wv——w—v——fiw~m—v—www—vwvfivvvin~vr~n ~ ~ 7‘ W. ,wcfi, ",w', r—V—VWTW‘

. , C» 36 ) ,
' ' 393‘» lad Caminiflioned, and fined out to the laft,till-theEarl ofMd,
flaw his Maiefties-Lieuetenant General gave me order to ,eapitula‘te,‘

- vvh‘ieh leli'el without anvot'her engagement to the Rebels, but'bail to li‘va~
peaeeablg,» 3 63163 did a; m? Gapitulating, relievefevetal‘Pr‘ifhnets by“;
changtemheteofmy LT. Granardoutofthe Galile-ol‘Edm’étvrangla,vvaggmew ~~

I is it not well known that I was imptifoned by the uihtpetsniiho was {b
s jealous of” me, that eontrar’v to. their faith, they feized on the, and 1:;an ,
< .. me ham Ptifon to Ptifon, till his Maiefiies happy Refiauration, only be.-
‘ eautb I Would not engage not-to Reeve him, though there was noQath'=

 

‘ required 3 ' t i x
¢ 1 do iazith all‘Gratitude acknowledge his Majelli‘es Bounty and Royatt-
Favours to me when I was-purfued before the Parliament in the year'
1662., His Maje‘fty was graciouflv pleated not‘to fend me doWn'in any
opprobrious way, but upon a bare verbal Bail, upon-which I came down
Polt, and prefented my {elf-a fortnight before the-“time; and having {3, '
tisfiedhis Maia-Hy at that time, of my entire Loyalty, [did not offer to-
plead’ by Advocates, and this Ma ielty was not only'pleaf‘ed to pardon my-
life, and to refiore meto a Title and Fortune, but to put me in trul’t in
, his Service in the molt eminent Indicatories of the Kingdomand to heap
i \ Favours upon me beyond vvhateVer I did, or Can deferve, though l hope
hisMajeftv hath always found me faithfuland thankful, and ready to
beltow-iall l have, or can have, for his Service 5 and] hope he never had; ‘
nor never {hall‘have ground to repentany Favour he hath done me: If
Ivvere now guilty'of the four. Crimes libelled, l {hould think my'fel-fa
_ great Villain. . ' ' I . '»
i g .. In the Pi‘ofecution ofthe Story 'oi'my Life in the year I 666. when the
‘ Rebellion broke our, that was rep/relied at Pem‘lzmd Hills, upon a bare ‘ ’
, Advertil‘etnent from the now Lord Archbilhop St. Andrawx, without any-
. order either from the Council or General, the intevcourl‘e being hopped,
did i not bring together about two thoufand men, and ent a Gentleman
to General Dazlycl, oife'ting to jovn with him, ifrhe' Rebellion had not
ptei’entlv been happily _ crulhed ? ’ And When lmet with confidetable
'tmuble from my Neighbours.irebellioufly in Arms, and~had Commiflions
‘ _ both in publick and private accounts, have I'not carried dutifuliy to his
Majeltv, and done What was commanded vvith a jolt Moderation,“ which,
I! can prove under the Hands of mine Enemies, and. by. many infallible
‘ Bemonfirations? , > ' '
Pardon me yet aifewl- WOtds, Did-l .notin this prefent Parliament
- d ’ ' {how--

 

 

 

 

 

 

\

 

. lhew my, re adinef‘s to {brve HisMajelty andthe Royal Family in allerting
‘ yigoroufly the Linea-l Legal -Succéllion ofthe Crown, and had a care to

have it exprefl‘ed in the Commii’fions of the Shires and Boroughsin Which " i

l hadinterelt 2 Was Inc; for offering proper {applies to His Majefiy 8: his
' Succelfor 3 And did I not concur to bindthe Lanlords for their Tenants,
though I Was mainly concerned? And-haVel not always kep’t my Te-
nants in obedience to His’Majelty?‘ t ‘

ill‘ay all this not to arrogate any thing, to my felfl‘or doing whatl was

in Hnnour and Duty bound to his Majelty 3 But if’af’terall this, apart no a

other ground, but words that were fpoken in abfolute Innocence, and
without the leal’t defign, except for clearing my own Confcience, and
that are not capable 0f the illfenfe wrefied from them? by the Libel, I
lbould be further troubled, what allurance can any of the greatcft (Lla-
lity, Trul’t, or Innocencehave, that they are fecure, efpeciall’y confi»
dering, that (0 many fcruples have been fiatted,_, as all know, .not only
by many of the Orthodox Clergy, but, by whole ’Presbyteries, Synods’,
and fome Bifltops,which were thought fo confiderable, that aneminent
' Bilhop did take the pains to write aTreatife (which wasread in Council,
and allowed to be Printed, and a Copy given to me), which contains ex-
prellions that may beyflretchcd to a worfe fenfe than I am charged for.
Have l not {hewed my Zeal to all the ends ,ofthe. Tell ? How; then can It

. \ , be imagined, that I have any linilter defign in any thing that l have laid;
* If i had done any thing contrary to the whole courfe 'of‘my Life,... which \

l hope {hall not be found, yet one Ail: might pretend to be excufcd‘ by a
Habit. But nothing beingquel‘tioned but the lbnfe of Words ,mifcone
ltrued to the greatclt height, and firetched to imaginary inclinations,
quite contrary to my {cope and defigngandfo far contrary, "not only to
my Senfe, but Principles, lnterell and Duty, that l hope,rny Lord Ad—
vocatewill think he hath gone too far in this Procefs, and‘faypl’ainl‘y
what he knows to be true by his acquaintance with me, both in publick

and private, that lam neither P4104} nor Pageant/a. but am truly Loyal; ‘

in my Principles and Practice. .
The hearing of this Libel would trouble me beyond molt of the Suf :1

ferings ofmy Life, ifmy Innocence did not fupport me,and the hopes .

of being vindicated of this and other calumnics before this publick and“
Noble Auditory. ' 4 .

  

”,
/

.M‘e
\.

Ileave my Defences to thefe Gentlemen that plead for me: They -. '
know my. Innocence, and how groundlefa that Libel is: 1 fliallonlylay,
, an,

\

 

 

 

"(33)

Asmy Life has been moltzo‘fit them in {trvi ‘ and fiill'crin ‘for‘hisMa?

' jefiyfo‘ Whatever be the event ofthisprocefs, 'refolve, whi e1. breathe,"

to be loyal and faithful to his Male-fly; and whether 1' live publickl'y or _
in obfcurity, my head, my heart, nor my hand, {hall never be wanting ‘
where I can be ufeful to his Majelties fervice ; and while 1 litre, and when‘

’1 die, Ilhal‘l pray, that God Almighty would ’ble'fs his Majefiy with a

long, happy and profperous Reign,,and that the Lineal'Legal SuCcelTors
of“ the Crown, may Continue Monarchs over all His Majel’ties Domini<
one, and be Defenders of the true Primitive Chriltian Apoltolick Catho~
lick Proteltant Religion, while Sun and Moon endure.

‘ T He Earl gave into the Court a Letter under the Kings Hand, ( if not I ’1

. written wholly with His Majefiies own Hand) wherein ”His Ma-

jelty declares his great-confidence in the faid Earl 5 and another bY‘the . i;

Earl of. Middleton tothe fame effect; Argyle defired they might be recon-
ded, which was not granted, yet it was agreed that they thonld be
read, after this Sir GenrgaLoc/ert anf‘wered the Libel, and fora-bout
three hours time laboured toprove the Irrelevancy; alleaging that it;
was impoflible that a Mans exonerating of his Confcience, could be
Leaning-making; or that his declared private meaning, could give
Laws to others, and fo come under the Statute again‘ft private Mens
making LaWs to beget mif‘underfianding betwixtthe King, and his Peo-
ple. The Kings Advocate, anfweted to his Pleadings, and labored to
f'upport and back the Libel 5 Sir George Lookart replyed upon him, and it
was thought by many intelligent Perfons there prefent, that he had
cleared up matters beyond all polfibillty of a Remynder.

Sir {lo/on Dolrimple made a very excellent Difcourf‘e of the Nature of
Oaths, thus were mattersargued pro, and con till about nine a clock
at night 3 when all Perfons were dilinilfed, except the Lords of ?zflioiat-
or}, who fate till near twoa Clock in the Morning, to difcufs the Rele-
vancy; upon Tore/do} in the Afternoon, the Lords declared the Defences
Relevant, as—to the Earl in refpeét of the PEI‘JLU‘Y (otwhich it feemes
hewas allbindit‘ted) but they rejected all his Defences, Duplies, &c. '
as to Higlofleozfon, and Loafing~ making.

The Kings Advocate then proceeded to the proof of the Fat}, it was

protein that he gave in that Paper 5 by the Depofitions of the Clerks of

the Council, and the Laird of Londie, ’tis reported that two of the
Lord: offajhcior} dill‘ented in the Relevancy.

' And

 

 

 

 

 

 

I E r l
5'1;
’1!‘ Q

{

 

("3r -)‘ _, , ,,
And.“ nowr-they proceed to" {wear the lnqueft; lacing there feleét Berg}

(but, {out of 4.8. thatwcte inKthe'Panncl.

r. Marquefsofthfi. “93 9'. " Lord Sim-tears." if

2... Earl of Light/agent. * Io. Lord Lindam. , g
3;. Earl omeéwmgb.‘ II. Lord Brant yard;
-7 3. Earl of Dumfrice. ‘ ' ' 1:.‘Laird‘Gafifor . ‘
i 51., Earl ofdirlie. _ . A 13, Laird 3410924152.
6. Earl of I’m/y. 14.. Park Gourde». ~
7. Earl of Dnlhnfie, , :15. Laird Clawrboufet.

8‘. Earl of Middleton.)

‘ The Lord?ufiicegmeral,‘demanded of the Earl if he would prove his
defence againf’t the Perjury; or if he would Objeft any thing againfl the
wane/)2: or the furor: : He anfweredthat he had by his Advocates faid 69’
nough, as he humbly conceived againf’t the Relevancy, but time that
was found again-fl him, he would give their Lordfhips no further trouble
either with making ob jeé‘tionst againlt Evidence or]ury,nor feek to purge
himfelf of the fuppofed Perjury being renderd culpable of crimes of a far
higher nature. And it was _obferved that St. George Lockart With the
red of the EarlsCouncill would notifpeak a word either to the Court or
Jury. After the Paperwas adjudged Treafonable; Heireupon the Jury
was enclofed,and after fome hours retirement they returned,and brought
in the EarLofArgyle guilty of the High Treafons laid to'his charge.‘

It is faid that eight or nine Advocates who were of the Earls Counfil,
C amongl’t which were th‘ofe two learned Perfons Sir George Locke”, and
Sir film Dairimple ) gave it under their" Hands that the Paper given into:

. the-Council by the Earl of Argyle did not import any tre’afonable Matter, .
‘ which Fail: of theirs ( ’tis faid) is foill relented, that’the Lords of the
Privy Council have appointed the Earlof Areal, theLord Prefidenta
of the Seflions, the Lord Co-llington, and fome others,toexamine what'-
t-he fubfcribed Paper may import «offcandal againfl the Government;
And thus have we conduéteds the Earl ofArgyl'e through his Tryal to-

. his Conviétidn 5 there-now remains nothing but his Condemnation and
' Exception, unlefs His-Majel’ty upona matureConfideration.ofall Cir—3
' cumfiance's {hall pleafe to grant him his gracious Pardon, a

i 7:01:39;

 

 

 

 

(4o) ' 1'

-» 7 , Chap 0 the Reef)»: alleadged £1 ome‘ Mitten: Mini/kn I
qf‘tbe Kir of Scotland why the} re a]? to take the 713/? oath '

‘1’ He Earl of Argyle 13 nor alone 1n his queftioning the lawfulncfic, of
taking the Oath without limitations, and due claufes, for I find
many eminent Perfons amongf’t the confirming Clergy,who have met
with the fame or greater Difficulties, which that I may evidence I {113: l
faithfully give the Reader a Copy of a certain Mane/314p: drawn up by
them 1n the following words. , . -

Ground: 11pm whicbfome. of the Conformed Mini/fertfimfle to tel/(e the Tefl.

1 Gmmd: wher14pon fame of the Confirmed Mini/fer: [ample to
take the T e]? .

Irfi,’ palling by the Danger of Oaths, when prelied fo generally,
Men of the leali tendernefs ordinarily {wallow them eafily, and
make fmall Confcience of obfervmg them, Whill’t they that fear Oaths,
are hardly induced to take them, and by the1r firiéi: obfervance make
t‘hemfelves a Prey, we think 1t firange that this Oath lhould be In 101 ned
to Us,who canno tbe fufpeéted rationally to incline either to Phanaticilin
orPopery,finCe by our Subfcriptions to the Oath of Supremacy andCauoo
nical obedience, we have fulficiently purged our felves of thefirfi,and by
our refuting Popilh Errors daily 1n our Pulpits do thew an utter abhora
rence' of the other, and further, fince meerly our owning of Epilcopal

Government, has hegot and fiill increafes in the minds of our People, ‘

fuch an Averlion from and dillike of us, we would have expecfted that
our fpiritural Fathers would hot have expofed us to greater loathing
and contempt by fuch Engagements- , which although it {hould be
granted to be caufelefs and un1ul’t. Yet we think our felves bound to
fhunir, that our Minif’try may be the more taking with them, fincc
- the thing prelied upon us, is neither abfolutely necefiary, nor yetfi)
evident 111 what 13 afferted for truth,as mayincourage us for to under ly
their Pre1ud1ce conceived thereupon, and finally, lince itis known that:

; objuring the Covenant did hinder many Miniliers to Conform, and [’60- ' .-

pie to 103 11 in Ordinances difpenfed by Conformil’ts, and our Parliaa
ments had hitherto {hew ed fitch civil Moderation as to free us from the
Declarationme cannot look at it but as bad and fatalthat our Church

fhouid

\

 

 

 

 

 

 

 

m >

:‘jg'mgii‘xd.be*~dafhed-onjthis Rock, which may oecafion its {‘plitting, and -

‘ {infiead ofquenching this formerEvileteate new Flames. ‘
i Secondly; as we W131 for the fuPPFemflg Offlie Gram-h eanpety.

:a motfegpatticular way hadbeen" made ufe of, even for the dit‘coveringt y

of fuch, as are of no publiCk Truft, fo‘ we cahnot but regret that this Tell:

,hasbecn fo framed, as to divide thefound fober’iPresbiterians amongf’t -‘

.themfelyes, whereby‘-‘0ur'~Common Enemies are {gratify’d , and the

true Faith indangered. we. being perfwaded‘that there are “many Pres- »

.biterians in theKingdomlGentlemen,‘ Minif’te'rs and Others; whocans-
.‘n'Otinconfciencetalte this Tefit who yet do dayly'co’me and are ready
to Joyne with us in Ordinances, We think it had been fitter to have
icondefcended fortiething for gaining of fuCh, then to have put fuch a
brand upon them,’ Which may more alienate them and weaken us.

Thirdly, that Confeilion of Faith Recorded in the firfi Parliament 0f '

King-fame: thetéth, hasfome things in it, which may {care the SWear—
‘ ing to if without Limitation, as Ift, Section the 15th. it Aliens thofe
to be evil works, which are done not only comm, but pretcr weréum
1362', tzdly, Seition the :17; th. ItAITerts fuch as refil’t the Supream Poww
er, doing that h’VhiCl‘! pertains to his charge, and whilef’t he'vigilently

TravelSin befits, does refit .hc Ordinances Of God, Which'1Claufe‘s,

may bear 3.5?» enttl'ut’lve let-teezefp’ecialiy when in the .5th Seé’tion, it is
' reckoned among good Works to mpprea‘s Tyranny, 3dly, Section the
15th,, Jefits Chtilt is Aiierted to he the only Head andiLavvegiver of his
Kettle, and it is counted Elaibhetny for Angels or Men to Intrude them~
{elves into the faid Honor and Office; 4th. Section the 23th. on the,
$acramenr, E’opiflt Baptifm is denyed as to its vallidity, and Popifh
Priefis denyed to be true Minift-ers, which expreffio’ns if narrowlyfcan-
ned, will be found of dangerous Coni‘equence , and conttadit‘tory to

other Pofitions in the Teft itfelf. f . . *
Fourthly, we fear that our People may look on “gs rather as.
Countenancers and Incotsragers, then 'fiippreffers of Popety, Rating by
the A61: we are obliged to dilate yearly in Oé’to‘ber fuch as Withdraw
tram oarMinifiry, that they may be punifhed by the Civil Magamams,
& yet by the fame ABC. The Kings lawfuibrother and fans in perfe-
mum are Exempt from taking the Teft, and confeqnen'tly left at Liber-
ty to be Papilis or Protel’tants,and what bad Influencet'he Example may
have on Inferior People may” camy bciapprehended, and out taking
the Te‘ft will (be'rep’uted an approving of that exemption,"whichwill
._ . .. be

 

 

 

(' 44'2 -) ,
hombre humbling, That all former Aé‘ts againi’t Papif’ts were made '
without any Exemption, and them all declared to be difloyal, who em-
braced, not the Reformed Religion, particularly in the 47 Adi: of the
third Parliament of frames-the 6th, and the 8th. Afi 0f the fiffi‘f’aflia‘.
mentof'Cbzzrle: the 2d. . , ’ g, , ‘ I
' Fifthly,‘ we are toifwear'tha-t there lyestno Obligation en‘trs'by-veri
true of the late Covenants, or any other Manner of Way to Endeavor
the change of the Government, either in Church or State, as it is e-
flablilhed by law, where we fuppol‘e we are fworn not only to maintain-
‘ Monarchy, but alfo as our Law tyesius in the prefent line, audio-the
inearei’t akin to our prefent King, altho they il'muld be Papif’ts, a‘ltho
- we “Judge“ the Coronation Oath in the 8th Aé’t of the Ifl’. Parliament of"

am: the 6th to be contradictory, which yet is afianding unrepealcjd
law, , fince thiscurrant Parliament hath ratified and confirmed all Aets
madein favor-of the Pratefiant Religion, whereof this is one, [‘0 that
we fwear contradictions. ‘ . -.

Sixthly, as fbr the Church Government, as iris now el’tablifht by»
Law, there hath not been, nor, are yet wanting found Protef’tants,,
who Ali'ert the 7m diving»: of Epifcopacy, fuch could notin confcience
take this Oath, feeing the King by virtue of his Prerogative and Supre-
macy is impowered' by Law to difpofe of the Exrernal Government,
and Policy of the Church, as he pleafes, as fbr fuch as look upon E-
pif‘copal Government, as indifferent in it felf. Notwithflanding the
fubmiflion that we give to it, or have Ingaged for, theyycan as little
t‘w e at on thefe terms, for why lhould they fwear never to endeavor to-
“alter that whichiin it felf they look upon as alterable, there being no
indifferent thing which in tract of time throughthe Corruption of Men,
do not prove hurtful, and why might not men in their Station endea-
vor the Refrelhing by fair means, any fuch evil, and advife his Maje-
fly if he be willing to. cue-rt the power fetled on him by the law, for
freeing the Church from any. Inconveniency, and altho we have enga-
ged‘to obey Bifliops, yet we ever didwrfh that they may be fetled a—

mongl’t us in a way more fuitable to the primitive times, w‘z. That! 4

their number might be more encreafed, that they might be called by
the Church alenarly to that office and that they might be made liable
. to the Cenf‘ure of the Church for their Do€trine life and, Diligence,
that they might-mt be fuch pragmatical Medlers in Civil affairs, and '
that Synods. and-‘Presbite‘ries might have more power then is mined
: €111:

 

”< 743 “)

'ithem‘hy‘thelAé‘t'df Rafiitution, item the'l‘eeking a Remedy in any at“

‘-which things, this Oath deth tye us up. , . .

Seventhly, the power given to the King by the prefent laws, if he
*fhould be popilh {hould be’very prejudicial to the Proteltant Intetefl,
for by the fU‘fl Aét of the"2d Parliamentof Charles the 2d he may not
only difpofq of the external Policy of theChurch, but may Emit fuch
‘fiéts conEer’ning the Perfons imployed therein, inall Ecclefiafiical
Meetings and Matters to be treated upon therein, which he {hall think
fit, and this Adi: only pubiiflied aretooblige all his Subjec‘ts, and by the

g ' bated or concluded in that his exprefit Allowance, in the afore‘faid came
it is eafily to divine, what Advantage the Enemies of our Religion will
i have for the overturning of all. '

' (H00 [time/n mlit éfmngno merieirmr Atride. '
_ ' The Camiufim. _
That nothing may be wanting to give a thorough light into this dark
Affair, I thought it not amifs to recommend to the Reader,

The Ac?
, Anent Religion, and the 72’}?
. At Ea’inbmg/a the hit day of Angeli. 1681.

i '
E.

Ag? Amwt RELIGION,‘am1 we TEST. At Edin.‘
iaurgh Mela/l d4} of Augufl, 0m t/youfimd fix hundred

5 eight; and one.

Hi1 WHICHD AY, Oar Swm‘gn Lord with His Efiates of Parliament,
. fitilonfidering That albeit, by many wholfome Laws made by his,
Royai Grandfather, and Father Of glorious memory, and by himfelf, in
this, and His other Parliaments fince His happy Refiaurarion, the Pro-
teftant Religion is carcfuiz’y aiierted efiablilhed and fecured, againi’t
Peter?! and Phanaticifm : Yet the refllefs Adverfaries of our Religion,
do net ceal‘e to propagate their errours, and to {educe His Ma jefiies‘Sub-
jee‘ts from their duty to God, and Loyalty to his Vice—geretit, and to
overturne the eftablifiied Religion, by introducing their Superflitinns

F 2 and

 

E NJ: for a National Synod, no Doé‘trinal Matter may be propofed, de— ,

 

(“so >" ,, ‘
arid delufiousu hm hitflhumhand Kingdom. ‘Andvknowlfig‘that no?!
thing can more enereafe the numbers and confidence oFPapifig, and.
Shifinatieaflld affentersifrom'the Efiablifhed Church, then the alpine neg”
left of‘putting in execution thegood Laws provided a ainf’c them, toga;
ther withtheit hopes toinfinuate themfélres into '0 cos and Place‘tof'i

Truf‘tand publieklmployment.” THEREFORE, His Maiefiy, from‘hial‘l

Princely and pious zeal, to maintain and pteIErve the Protel’tant Relin‘
gion, contained in the Confer/inn ngaitb, recorded in the firfi‘ Parliament
offling fame: the fixth,which is fOunded on, andagreeable tome written-
Word of‘ God ; DOETH,’ with advice and confent oins Ef’tates of Par-m
iiament, Req uire and Commandfill His OfficersJudgegand Magiftratis;
no, putftheaLaws made again‘ft Popery, and Papifts Prief’rs, jefiiitsga’ndt
all perfons of any other Order in the Popifh Church, sef‘pecially i'againfti
fayers and hearerso‘fMaf‘s ,Venders and dimenersof forbidden Books; A
And Reffetters of Popifh’ Priefts, and excommunicat Papills : As alfo, at. ‘

. gainf’t all Phanatick Separatifls from this National Church; Againfl:

Preachers at Houfe, or Field COnventicles, and the Reffetters, and
harbourers of Preachers, who are fntercomrnuned ;- Again‘f’t difirrdferly
Baptifms,’ and Mariages, and irregular Ordinations, andall other Shfig

, maticaldiforders, tofull and vigorous execution, according to theTe-l

nor of the‘Refpeé’tive Acts of Parliament thereanent provided {And that -

- His Ma jellies Princely care to have there Laws ‘put in execution, againf’t

thofe Enemies ofthe Protef’tant Religion, may the moreelearly appear:
HE D O ETH, with-“advice and conf‘ent forfai‘d,"S‘T'AT u T and
0RD Al N, that the Minif‘ters of each Paroch, give up in Ofi‘oée’r‘
yearly, to their refpeé’tive Ordinaries, trueand exaé‘t lifts of all Papif’ts,
and Schif'matical'withdrawers from the publick Wo'rfhip, in their refpe—
(tire Paroches; which lifts are to be fizbf’cribed by them, and that the
Bifhops give in an deubleofthe faids Lifts fubfcribed by them, to the‘
Fefpeé'tive Sheriffs, Stewards, Bailies of Royalty, and Regality, and Ma-
gifirats ofBLtrghs, Tot-he effeél; the raids Judges may proceed againf’t
them according to Law : A's alf‘o, the Sheriffs, and other Magifi rats for~
faid, are thereby ordained to give an account to [His Ma jeltiesP-ri‘vy
Council in 13mm” yearly, of their proceedings againfi thofe Papi-fls,
and Phanatical Separatif’ts, as theyiwill be anf‘werable’at their highefi
peril.~ And that thediligences done by the Sheriffs, Bailies of Regalities,

and other Magiftrats forf'aids, .- may be the better enquired into by the

quncil,‘ theBifhops oftherefpectiye Diocefi'es, are to fend exact-dob—

.\
, i ‘7 u},
r, q

. i g
I . ll

 

offimmf...‘___ A h _.. ._________.___.

 

(in . ‘ ,

bletof‘the Lifts ofthe: Papil’ra, and Phanaticka,‘ ~ to the Clerks ofPriyy'

Council ,whereby the diligence: ,of’the Sherifi‘t,and other Judges for-(aids, ~

may be controlled and examined. And to cut of: all b er, rofn Papifis

and Phanatieks of their beingimloyed in Oficen and laces of ubliek - A

Trul’t,'-.IT,IS HEREBY STATU. and ORDAINED, that- the fa owing

(Jeri: {hall betaken by allperlbm in .Ofiees and places ofpubliek Trufi, . ‘
Civil, Eeelefialiieal, ’ and Military, efpecially by all Members of Parli-t '

ament, and all EleétorsofMembert of Parliament, all Privy Counfellerg, ._

Lords of Sesfion, Members of Exchequer,Lords ofJ'uftieiary, and other

Members oftbefe-Joutts 5 all Officers of” the Crown, and Store; all Areh- r
Bps 8: Bps, and allfPreaehers and Minil’rers of the Gofpel whatfoever5all "

perfons ofrhis Kingdom, named or to be named Chmmiffioners for the
Border55all Members of the Commilfion for Church Affairs 5 all Sheriffs,
Stewards, Bailies of Royalties and Regalities, Jufiices of the peace,
Oflicers/of the Mint, Comm.iITars and their Deputs, their Clerks and Fif—

cals, all (Advocates and Procurarors before any of thefe Courts, all Wri- .
' ters to the'Signet, .ail publick Nottars, and other perfons-imployed in '

Writing or Agentingz-The Lyon King at Arms, Heraulds, Purfevants',
and Mefl'engers at Arms 5 all Colle€tours5 Sub—Collectours and F er‘mou-

rers of His Majeliie’s Cuiioms and Excil‘e 5 all Magiltrats, Deans of Gild, . 
Councillt; rs, and Clerks. of Burghs Royal and Regaiit'y 5 all Deacons of
Trades, and Deacon Crimreenersin the faids Burghs5 allMal’rers and

Doftors in Univerfities, Coiledges, or Schools5 all. Chaplains'in Fami—

lies, Pedagogues to Children 5 and all Officers and Souldiers in Armies,

Forts, or Militia, and all other perfons in publick Truli or Office Within»
this Kingdom, who {hallpublickiy fvvear, andifiibfcribe the {aid Oath

as.iollovvs,wz.. The Arch Bifhops,ChiefCommanderofthe Forces, and»;
, Ofiicersof’rhe Crown-and State, and Councellers, before theSecret.

Council : All the Lords of Sxeflion, and all Membersofthe Coiledge of
Juliice, and Others depending upon them,bel’orethe Sellion: The Lords.

ofjuiiiciary, and rho-Te depending upon thatCourt, in the Juliice Court :1;

The Lords, and other Members of Exchequer, before the Exchequer.
All Biflnops, before the Arch-Bifhops :All "the InferiOurC/iergy,Com-—
mifl'ars, Mailers and Doftors of Un-iverfitie95and Schools,Chaplains and"

Pedagogues, before the Bifhops of the rel'peitive Dioc‘e’ffesz Sheriii‘s, '
_Stevvarts,Bailies of Royalty and Regality, and there depending on thefe—
Jurisdictionabefore thefe refpeé’tive Courts : And Provoftsfiailies and o-

thers of the Burgh, before the Town Council :all Collectors and Fer-
m‘ourer‘s

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- mourers of the King’s Cufiom‘s and Excife, before the Exchequer; The
Commifiioners of the Borders, «before the Privy Council; All Juftices
of Peace,, before their Conveener, And the Oflicers of the Mint before ‘
the General of the Mint '5 And the Officers of the Forces, before the com.
mander in Chief ,and Common Souldiers before their ref peé’tive Officers;
The Lyon before the Pivy Council ; and Heraulds, Purfevants and
MeiTengers at Arms, before the Lyon. And His Majefty, with Confem
forefaid, STAT UTS and ORDAINS, that all thof‘e who prefently poflefs
or enjoy any of the forefaids Offices, publick Trufts, or Imployments,
{hall take and fubf'cribe the following Oath,in one of the forefaids Oflices,

lmin manner before prefcribed, betwixt and the firi’t of unwary next, which

' is to be recorded in the Regifiers of the refpeétive Courts, and Extracts.
thereof under the Clerks hands, to be reported to His Majefties Privy
Council, betwixt and the firfi of March next, One thoufand fix hundred
eighty two, and thereafter in any other Courts, whereof they are Judges
at Members, the firf’t time they {hall fit, or exerce, in any of thefe reg.
peétive Courts: And ordains, that all who {hall hereafter be promoted
to, or imployed in any of the forefaids Oflices,Trufis, or imployments

" [hall at their entry into, and before their exercing thereof, take and fub-

fcribe the (aid Oath in manner forefaid, to be Recorded in the Regifters ' ‘
of the refpeé’tive Courts, and reported to His Ma jei’ties Privy Council,
within the fpace of fourty days after their taking the fame :* And if any
than prefume toexercife any of the faids Offices, or Imployments, or any
lubliek Office, or Trufl, within this Kingdom, (the King’s lawful Bro. "
ners and Sons only excepted) until they take the Oath forefaid, and
fibfcribe it, to be recorded in the Regif’ters of the refpecf’tive Courts,
Taey {hall be declared incapable of all publick Trufi thereafter, and be-
_ r‘urther punifhed with the Iof‘s oftheir Moveables, and Liferent-Efcheat,
"* 'he one half whereof to be given to the Informer, " and the other half to
lelong to his Ma jefiy, And His Ma jei’ty,‘ with Advice forefaid, recoma.
sends to His Privy Councilto fee this Act. put to due and vigorous Exes,
tution.

 

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