and adherence to presbyterian government, save what we heard of at some length, section 2d. This silence, and these heats, cunning Mr. Sharp did not fail to improve into this gross untruth, that the bulk of Scots ministers were not against prelacy. Nothing was stuck at by this unhappy man, now entirely corrupted by Hyde's party at London, and bribed by and gaping after what in a little now he got, the archbishopric of St. Andrews. Whereas indeed, excepting a few lax men in the north, under Mr. Sharp's conduct, and promises of bishoprics, who influenced the synod of Aberdeen, to send up to court a flattering address in favour of episcopacy; which, by the way, came afterwards to lie very heavy on the consciences of some of the best of the ministers who signed it; there was indeed nothing could be more disagreeable to the whole of the presbyterian ministers through the kingdom: how far soever they differed in some other things, yet all honest ministers centred in this. At great length I could make this out by particular instances of Mr. Robert Douglas, Mr. Robert Bailie, Mr. James Wood, Mr. David Dickson, Mr. James Ferguson, and other great men, public resolutioners, with whom the courtiers dealt in the greatest earnestness to accept of bishoprics; but they firmly refused, and used no small freedom with Mr. Sharp, and the noblemen in this matter: Mr. Douglas told the first, that the curse of God would come to him with his bishopric; * and the last, particu "In the meantime Mr. Sharp makes for the fashion, a visit to Mr. Robert Douglas at his own house, where after his preface, he informs him it was the king's purpose to settle the church under bishops, and that, for respect to him, his majesty was very desirous Mr. Douglas would accept the archbishopric of St. Andrews. Mr. Douglas answered he would have nothing to do with it (for in his private conversation he used neither to harangue nor to dispute;) Sharp insisted and urged him; Mr. Douglas answered as formerly; whereupon Sharp arose and took leave. Mr. Douglas convoyed him to his gallery door, and after he had passed the door, Mr. Douglas called him back and told him, James,' said he, I see you will engadge. I perceive You are clear, you will be bishop of St. Andrews, take it, and the curse of God with it.' So clapping him upon the shoulder, he shut his door upon him."-Kirkton's History of the Church of Scotland, p. 135.-Ed. 1661. larly the chancellor, that by putting his hand to the ark of God with others, their families and their own peace at death would be ruined. This was evidently enough made out in several instances. Yet for all this plain dealing, of which afterwards we shall have several instances, these worthy men were laid under this hellish obloquy, and the scourge of tongues. And Thomas Sideserf, son to the bishop of that name, the Diurnaller, made it his daily trade to bespatter the greatest men of this time, without the least provocation or foundation, such as Mr. David Dickson, Mr. Robert Blair, Mr. George Hutcheson, and many others, to that pitch of insolence, that the king was pleased to order that libeller to be silenced. I promised in this section to take notice next of the trouble and sufferings several worthy gentlemen were brought to during this session of parliament, and shall be but short upon it, because most of them will come in afterward, in the progress of this history. We shall just now meet with some gentlemen harassed before the council, but it is the processes before the parliament come in here. All could be objected against most of them, was, the ordinary compliance with the English, which every body was necessitate to give. This English guilt was a good handle for prosecuting such who had been active in the work of reformation, and had estates, which our indigent courtiers had their eye upon, and by the act of fines, and otherwise, they reached a good many: though England was indemnified, yet the ancient kingdom must not enjoy that favour for some time. In January, towards the beginning of this parliament, I find the lairds Arkinglass, and M'Condochy, the first a very considerable family we shall afterward meet with, were forfeited by parliament. They had been cited to appear, and did not come, not being in safety as to their lives, because friends of the family of Argyle: for any thing I know of, nothing further was to be charged on them; and yet they found it not safe to appear. In the unprinted acts I find a decreet D. Ham. against Arkinglass; but whether it referreth to this, I know not. 1661. By the unprinted acts of this session, I find decreets of forfeiture are passed against Sir Archibald Johnstoun of Warriston, and William Dundas of Magdallans, and John Hume of Kello. They did not appear, and consequently had no answers to the above articles; and I may safely enough refer the reader to what hath been said upon most of them, and all of them upon the matter, in the marquis of Argyle's case, and Mr. Guthrie's. February 22d, I find the laird of Swinton also brought before this parliament. We have seen he was sent down prisoner with Argyle; being a professed quaker, his hat was taken off for him when he came in to the bar. The heads of his indictment were; February 1st, the summons of, Remonstrance,' and the book called 'the and indictment against the lord Causes of God's Wrath.' Withdrawing Warriston, William Dundas, and John themselves from the king's service and army Hume of Kello, were this day read in par- at Stirling, in the time of his greatest liament; none of them were present: the necessity. 14th, The said Warriston his first we shall again meet with. Whether sitting in parliament as a peer in England, they were separately indicted, or a general contrary to his oath, and accepting the charge given against them all, I know not; office of clerk-register from the usurper all I have seen is the following abstract of Oliver Cromwell, and being president of the the charge against them; that they have pretended committee of safety, when Richard contravened many acts of parliament in the was laid aside.” following particulars, and therefore are guilty of sedition and treason. The particulars are, "1st, The protestation at the Cross of Edinburgh against the late king his proclamation. 2d, The convention of estates, 1643, their calling, convening, and assisting thereuntil. 3d, Obstructing the engagement in the year 1648, for the late king's delivery, dissenting therefrom, and voting against the same. 4th, Unlawful convocating the king's lieges, the same year, in opposition to his majesty's forces under the command of duke Hamilton, Monro, &c. 5th, Calling in of the sectarian rebels, in opposition to his majesty's good subjects. 6th, The writing, dictating, and contriving a letter directed to the perfidious Oliver Cromwell, and trysting" 1st, That being a member of parliament, he with him and his officers at the lady Hume's lodgings, tending to the ruin of the late king, and these kingdoms. 7th, The drawing up, consulting, advising, and consenting to the instructions then given in to Sir John Chiesly, to be communicated to the parliament of England, or their committee, for the ends foresaid. 8th, The said Warriston his pleading against Newton Gordon, who was executed, though he had the king's express orders to plead for him. 9th, Their crossing the freedom of the parliament, and people, in their invitation offered to be sent to the king, without limitations, to come to this kingdom. 10th, Their contriving and assist ing in the murder of the marquis of Montrose. 11th, Their constant correspondence with Oliver Cromwell in the year 1649, instanced in several particulars. 12th, Their contriving or assisting to the act, called the Act of the West-kirk,' and the declaration of the officers of the army then made. 13th, Their drawing, contriving, or consenting to the paper called 'the Western contrived and voted to the acts made 1648, relative to the king's delivery; and being a member of parliament, contrived and voted to the murder of the marquis of Montrose, lord Huntley, Hary Spotiswood, and others, the king's friends and servants, and to the displacing of the king's officers of estate, and to the deposition of many who suffered for the king's cause. 2d, That being one of the officers of the king's army at Stirling, after the defeat at Dunbar, he kept constant correspondence with the English and Cromwell, and deserted his trust in the king's army, by joining himself with the usurping party. 3d, His going along with Cromwell to Worcester, and there fighting against the king in proper person, against his duty and allegiance. 4th, His sitting and voicing in the pretended parliament of England, for extirpating the king and his family from their due right of government; and exercising those offices and places which Cromwell had bestowed on him for that service." When his indictment was read, he had a very accurate and pointed speech in his own vindication, and being interrogate by the chancellor, if he had any more to say for himself? He answered " not positively," but said, "he knew not whether he would make use of any lawyers or not, seeing he walked not now by his own will." The parliament assigned him till the 13th day of March, to give in peremptory defences. By the table of unprinted acts I find, that the parliament forfeited him; but the papists at court interposed in the quaker's behalf, and he had favour shown, though he had as great a share in joining with the usurper as any in the kingdom. After the revolution Swinton's son published his case in print, wherein it seems pretty evident, that no direct forfeiture was passed against his father by this parliament: but, upon a paper formed many years afterwards, Lauderdale possessed the estate of Swinton until his death. By the passages there cited from Swinton's defences at this time, it appears that he went with Cromwell to England about the time of Worcester engagement, as a prisoner. However, it is undeniable this gentleman did openly enough join in with the usurper, and had no small management of our Scots affairs under him. I find by some papers of this time, that Sir John Chiesly was before the lords of articles, March this year, and it is probable received an indictment, since he was singularly active in the work of reformation: but I have not seen the articles. We shall find him under confinement after this, for many years. Several other worthy gentlemen and ministers were brought to much suffering during the after-part of this year, before the privy council, who after this have much of the persecution I am to describe their hands. This brings me to SECT. VI. among the 1661. mittee of estates, and this year In this kingdom there had been a long interruption of all our civil courts; and it may not be unacceptable to the reader to give the list of the members of the different courts at this juncture, and the time of their meeting; though it has no great relation to the general subject of this history, it will take up no great room, and may be of some use. Some good time was taken up before persons could be fallen upon to fill up the total vacancies; and in the beginning of April the lists came down from court. .་ April 5th, as many as were in town of the lords of the session took the oath of supremacy, and de fideli administratione, before the parliament; and the parliament ordered them to sit down June 4th, they were as follows. "Sir John Gilmour president, lord Cranstoun, alias Oxenford, Sir Archibald Primrose clerk-register, Ley, Halkertoun, Collingtoun, Carden, Tarbet, Mr. James Robertoun, Mr. John Scougal, Mr. Robert Nairn of Strathurd, Mr. Robert Burnet elder, Mr. Andrew Aiton of Kinglassie, Mr. James Dalrymple of Stairs, and Sir Robert Murray." The extraordinary were Rothes, Crawford, Cassils, and Lauderdale. My lord Cranstoun did not accept, and Mr. David Nevoy was put in his place; and when my lord Cassils, upon refusing the supremacy, was declared incapable of public trust, Middleton was put in his room. June 10th, the exchequer sat down, and Glencairn chancellor, Rothes, Marishal lord the lords of that were, William earl of toun president of the session, clerk-register, privy-seal, Lauderdale, Middleton, HalkerSir John Fletcher advocate, Sir Robert Murray justice-clerk, Sir James M'Gill of Crawstoun, Sir James Lockhart of Ley, Sir William Fletcher, Sir John Wauchop, Mr. of state for England. Their quorum is declared to be nine; the chancellor or president, or in their absence, the eldest counsellor to be one of the quorum. I come now to give some account of the procedure of the privy council, from their registers; and in this section I shall confine myself to the hardships and sufferings particular persons of all ranks were brought under by this arbitrary court, during what is before us of this year. I shall leave their general acts, with relation to the introduction of prelacy, to the following section, where I am to essay some account of this great turn in this church. July 13th, the council met at Holyroodhouse, and after the public reading of their commission, with their powers, all who were present took the oath of allegiance, which hath been above insert; and then they took the oath of council, a copy of which the curious reader will perhaps desire to see, therefore I insert it. But the court which the sufferers I am to account for, at least for many years, were mostly before, was the privy council; and in the intervals of parliaments, they had all the executory power in their hand, and assumed little less than a parliamentary power. They were indeed a very sovereign court, and therefore I shall here give the list of them. The earl of Glencairn chancellor, earl of Crawford treasurer, earl of Rothes president of the council, dukes of Lennox and Hamilton, marquis of Montrose; earls, Lauderdale secretary, Errol, Marishal, Mar, Athole, Morton, Eglinton, Cassils, Caithness, Murray, Linlithgow, Hume, Perth, Dunfermline, Wigton, Kellie, Roxburgh, Haddington, Tullibardin, Weems, Southesk, Hartfield, (now Annandale) Callander, Tweeddale, Middleton, Dundee, Newburgh; lords, Sinclair, Halkerton, Duffus; Sir Archibald Primrose, Sir John Fletcher, "I Sir William Bannantyne, Sir Robert Murray, Sir John Gilmour of Craigmillar, Sir William Fleming, laird of Ley, laird of Blackhall, Sir John Wauchop of Niddry, knight, Gibson of Durie, Sir George Kinnaird of Rossie, Alexander Bruce, brother to the earl of Kincardine, Sir William Scot of Airdrie. The English counsellors added, were, chancellor Hyde, duke of Albemarle, marquis of Ormond, earl of Manchester, and the principal secretary * These English counsellors were not very well calculated for giving advice upon Scottish affairs. Hyde, earl of Clarendon, was unquestionably the man who had most strongly and most successfully impressed upon Charles the propriety of restoring episcopacy in Scotland, an attempt which imbittered his whole reign, and persisted in by his successor, was a principal mean of driving his family into an exile from which they were never recalled. Burnet remarks of Clarendon, "that he was a good chancellor, only a little too rough, but very impartial in the administration of justice. He never seemed to understand foreign affairs well, and yet he meddled too much with them. He had too much levity in his wit, and did not always observe the decorum of his post. He was high, and was apt to reject with too much contempt, those who addressed themselves to He had such a regard to the king, that Oath of the privy counsellors. swear to be a true faithful servant to the king's majesty, as one of his privy counsel; I shall not know nor understand of any manner of thing to be attempted, done or spoken against his majesty's person, crown, or dignity royal, but I shall let and withstand the same to the utmost of my power, and either cause it to be revealed to his majesty himself, or such of his privy council as shall advertise his highness of the same. I shall, in all things to when places were disposed of, even otherwise than as he advised, yet he would justify what the king did, and disparage the pretensions of others, not without much scorn, which created him many enemies. He was indefatigable in business, though the gout did often disable him from waiting on the king, yet during his credit, the king came constantly to him when he was laid up by it." Lord Clarendon's character has been in latter times much less favourably treated. From the light thrown upon it în a later treatise by the Hon. Agar Ellis, there can be no doubt that he was a bigot in religion and a sycophant in politics. As a man, proud and imperious; as a judge, covetous, partial, and unjust; and finally, as a historian, an advocate for tyranny, an apologist for duplicity, and an artful perverter of truth. The following character of Albemarle from the pen of Burnet, is graphic, and we believe perfectly just. "Monk 1661. be moved, craved, and debated in liament; and it seems this was reckcouncil, faithfully and truly declare my oned a high crime for this noblemind and opinion, according to my man to speak his light in his judicative heart and conscience, and shall keep capacity: therefore he is ordered to be imsecret all matters committed and re- prisoned; and the execution of this arbivealed unto me, or that shall be treated trary step is put in the hands of the council, of secretly in council; and if any of the as one of their first works. This is so odd same treaties and counsels shall touch a management, and forebodes so much opany of the counsellers, I shall not reveal pression and severity in this reign, that I it unto him, but shall keep the same shall venture to say nothing upon it, but until such time, as, by the consent of give the progress of it from the original his majesty or the council, publication records. shall be made thereof. And generally, and in all things, I shall do as a faithful and true servant and subject ought to do to his majesty. So help me God, and the contents of this book." When all present had taken this oath, the commission of Sir Peter Wedderburn, to be clerk, was read, and he admitted, The earl of Crawford is president, and the earl of Callender to preside in his absence, They have little before them till the return of the chancellor and Rothes, who came down on the last of August, with what was concerted at court about the change of church government, of which afterwards. In September, they have a very remarkable process before them, with relation to the earl of Tweeddale. Information had been Upon the 13th of September, the following letter from the king is read, ordering the earl of Tweeddale to be made a prisoner. Right Trusty, &c. Having received information of some speeches uttered by James Guthrie attainted and executed, which, the earl of Tweeddale, in the trial of Mr. as we are informed, did tend much to the prejudice of our authority, we require you to commit the said earl to the castle of Edinburgh, there to remain till we have examined the business, and declare our further pleasure; and that he be kept in durance, but not as close prisoner. Given at our court at Whitehall, September 7th, 1661. "LAUDERDALE.”. These orders were immediately executed, and the earl entered prisoner in the Castle; and September 17th, he sent the following petition to the council. sent up, it seems, to court, of his speaking was ravenous as well as his wife, who was a mean contemptible creature. They both asked and sold all that was within their reach, nothing being denied them for some time, till he became so useless, that little personal regard could be paid him. But the king maintained still the appearances of it; for the appearance of the service he did him, was such that the king thought it fit to treat him with great distinction even after he saw into him, and despised him.' H To the Right Honourable, the Lords of his "Humbly sheweth, "Whereas your lordships have been pleased, upon a command from his majesty, to commit me to the Castle, and being exceedingly affected with his majesty's displeasure, I desire to express to your lordships the grief of my heart, for whatsoever has been the occasion of procuring such resentment from so gracious a prince, of whose favour I have so largely shared, and to whose commands I account a perfect submission acceptable service to God, and suitable to the duty of every subject. How observant of them I have been, and what ready submission I have given, your lordships can witness: being filled with the sense of |