may be concerned, to answer and obey the said commissioners, or any five of them, an archbishop or bishop being one of the number, under all highest pains that may after follow. And ordains these presents to be an effectual warrant to the director of the chancellary, for writing the same, to the great seal, and to the lord chancellor for appending the seal thereunto, without any further order or warrant. Given at our court at Whitehall, January 16th, 1664, and of our reign the 15th year." without the certificate of the arch- | such places, and as often as shall be found 1664. bishop or bishop, bearing their necessary for obtaining the end of the said obedience to the said commissioners, and commission. And his majesty doth expect satisfaction to the laws. And his majesty an exact account of their proceedings from doth make, constitute, and ordain, Mr. time to time, as of a service whereof he will Thomas Young, clerk to the commission for take special notice, and it succeeding well plantation of kirks, to be clerk to this com- will be very acceptable to him. Commandmission, with power to him to appointing lastly, all his majesty's lieges who are or officers, and other attendants necessary, and to direct summons and precepts in his majesty's name, for citing whatsoever parties or persons, in any of the cases aforesaid; whilk precepts shall be sealed by the signet, and subscribed by the said clerk; with power to summon witnesses, under the pains prescribed by law and practice; and if the said witnesses refuse to compear, or the said persons decerned in any fine, refuse or delay to make payment of the same, his majesty ordains the lords of secret council to direct letters and charges upon the certificate of the said commissioners, as is above specified. Of the which fines, to be collected and uplifted by Alexander Keith, under-clerk to the council, one half shall be employed for defraying the necessary charges of the said commission, at the sight of the said commissioners; and the other half shall be employed for pious uses, as his majesty shall appoint. And generally the commissioners aforesaid are authorized and empowered to do and execute what they shall find necessary and convenient for his majesty's service in the premises, for preventing and suppressing of schism and separation, for planting of vacant churches, and for procuring of reverence, submission, and obedience, to the ecclesiastical government established by law. And to the end that a business of so much importance to the peace and well being of the church and kingdom, may take a speedy and successful effect, as his majesty hath thought fit to make choice of such persons, in whose judgment and affection to his majesty's service and the church's good he doth repose special trust, so it is his pleasure that this his commission shall endure to the first of November, 1664, and after, until it be discharged by his majesty: and that the first meeting thereof be kept at Edinburgh the first Wednesday of March next to come; and after meetings shall be appointed in This commission is so very extensive and large, that it affords matter for many remarks. The ground alleged for appointing of this new court, by many termed the "Crail court," being the contrivance of the primate, once minister there, with the best advice he could have in Scotland and England, is “ the multiplicity of affairs lying before the privy council." But it is well enough known, the council spent much of their time before this in maintaining the prelates, and bearing down such as would not subject to them, and, bating church affairs, their business was not so very great; besides, when the high commission sat, the council could not sit, at least ply any business of moment, since the leading and managing members were on both these courts. So this reason is a mere pretext. The real grounds of erecting this court, were, that there might be room for the members, deriving immediately from the king's supremacy, to act with larger powers, in a more severe and general way than even the council itself could well do. The quorum picked out by the bishops, would go greater lengths, than the council would in their full meetings. By this means the bishops had occasion to rid themselves of some members of council, who were not altogether for their heights. They were empowered to meet in places 1664. where the council was not easily to be | The archbishop of St. Andrews is called; their influence this way was more put in front of this commission, and diffusive, and a small quorum of this com- placed before the chancellor and other offimission would effectuate the bishops' busi- cers of state, by virtue of a letter from the ness more quickly, and in a more extensive king, of which notice shall be taken afterway, by travelling up and down the country wards, giving him the precedency.—In this for harassing and persecuting the presby- commission there are nine bishops to about terians, than could be done in the former thirty-five laymen: but the bishops are made channel. necessary members, and four with any one prelate are to be a quorum; and they might be sure enough to find four in three dozen, who would do as they pleased. This was a very small quorum of so numerous a meeting, and so much the fitter for the purposes now in hand. It is pretended in the commission, the design of this court in the first place, is, Against papists, and to execute the laws against popery:" but in reality, popery in this case is a mere cipher to fill up the current style. Presbytery was levelled at, under the name of separation; whereas, strictly speaking, and according to the natural and ordinary signification of words, the prelatic party were in Scotland the separatists, our reformation establishment being undoubtedly by presbyters, and contemners of the ecclesiastical authority, that is, such as refused to subject to bishops. The actings of the prelates is the best commentary on this grant, and it is notour, never one papist was called before them, or prosecute before this court. Their designs lay not that way, and indeed all things were ripening for the introduction of popery to these lands. The dioceses of St. Andrews and Glasgow are named, both to extend their power through the whole kingdom, and, as their present particular level was, against some ministers and gentlemen in Fife and the west country. The covenants are made a special ground of prosecution before this court, under the style of pretended engagements. The prelates had a particular grudge against these, as what they themselves had broken scandalously, and they could not well bear that their obligations should be owned by any. His majesty's royal prerogative is made the basis of this court, and by virtue of his supremacy over all persons and causes ecclesiastical and civil, this rampant commission is granted. Indeed nothing else could be the parent of so monstrous a birth. This being their foundation, and their being of such a constitution, made severals to scruple to appear before them, who could not homologate this supremacy. The chief work of this high commission, is to maintain the bishops, and to use the utmost endeavours that the acts of parliament and council be executed. What an untowardly and ill-thriving weed was prelacy in this kingdom! And what pains and force must be used to plant and maintain it! The authority of parliament, it seems, is not enough, the executions of the privy council do not suffice, even when supported with the quarterings of the army: the prelates must have this new court set up for their support, and to put the laws, made in their favour, to execution. In proportion to the difficulties justly expected in the maintenance of bishops in Scotland, the powers of this commission are extended. Every man in the nation may be called before this high and mighty court, at any time or place they shall please to appoint. The bishops of Brechin, Dunkeld, Argyle, and the Isles, with Sir James Turner, or to put the matter a little otherwise, three provosts of burghs, a dean of guild, and the inconsiderable bishop of Brechin, may bring the greatest peer in the land to their bar, fine, confine, incarcerate, at their pleasure. I need scarce go through the lists of criminals against whom this commission is directed. Papists and popish recusants are made a cover for their rigorous powers against the presbyterians: meanwhile Jesuits, sayers, and hearers of mass, and all good catholics are very easy under our protestant bishops, and never one of them molested. After the clause about papists, all that follows points at the poor whigs: beside the ordinary crimes of conventicles, and | and the penalties there; but it will be just 1664. presbyterian ministers their con- now evident they exceeded those boundtinuing at their Master's work, all such are aries, though pretty wide. The whole army cast in who keep meetings at fasts, and the and inferior magistrates through the kingdom, sacrament of the Lord's supper, which are are to be their terriers, and to search for, not approven by authority. It was a strange seek, take, and apprehend all they shall give opposition to serious religion that brought orders about; yea, the privy council itself is people this length, as to arraign persons in some sort subjected to this exalted court, meeting together for prayer on fast-days and those mighty five, and must direct letters of about communion times, when so much horning, and other diligence, for paying the wrestling ought to be about all the members impositions laid upon poor people by them; of Christ's mystical body. No doubt, pri- and no relaxation or suspension must be vate fasts in families, and private societies, granted without warrant from a bishop. A at this time so very necessary, are by this very surprising clause is added in the comclause made faults. The bishops had no mission, whereby the five are made their mind to have their guilt, apostasy, and own carvers, and empowered “to do and oppression, mourned over by others, and execute what they shall find necessary and complained of before the Lord; some of convenient for his majesty's service in the their consciences probably smote them, and premises." And what will the prelates not they were afraid, and not without ground, of find convenient for securing themselves and the joint prayers and supplications of the underlings, if we may judge by what they Lord's people. ventured on already? The poor country found to their sad cost, how extensively such general clauses were executed in this period. A clause of this nature, making the bishops absolute tyrants, and such as were parties supreme judges in their own cause, is such a stretch against equity and reason, as none but bishop Sharp would have proposed, and a parallel cannot be given, unless it be some posterior acts in the following years I am to describe. The next class of criminals is extensive with a witness. "All who write, speak, preach, or print, to the detriment of the government of the church." It is pity they took no notice of the dissenters in England, and protestants abroad, for their excellent books against prelacy and popery. Nevertheless, it was good they put not in thinking likewise; but this was reserved till some years afterwards, when they examined and interrogate people upon their thoughts, opinions, and inward sentiments of disputable matters; yet without this they have rope enough allowed them to make most of the subjects in Scotland offenders. Just now I took notice of the smallness of the quorum, for so great a work, and such vast numbers of offenders; five only, whereof a bishop must be one, and all the five might be bishops for any thing I see; and it was proper, at least safest for them, since the work was theirs, and it was their interest and nobody's else was carrying on. Well, the four laymen and one bishop have power ecclesiastical and civil lodged in them, censures of suspension and deposition, as to churchmen, and fining, confining and imprisonment, for them, or others who shall be made transgressors. Indeed they are limited to the acts of parliament and council, His majesty is next made to give a high encomium to the members of this court, as persons to whom he could well commit such important matters, and in whom he put entire confidence: and so he might, as to the bishops, the cause was their own, and undoubtedly they would look after it with care enough. Thus the wolf gets the wethers to keep, and will give a good account of them; and yet they are encouraged to this work as a service the king will take special notice of." And in the last place, all the king's lieges are required to submit to every thing done by this commission, under the highest penalties, without any appeal, or reclaiming to any other court. From those things, the reader may have some view of this extraordinary court of the primate's contrivance; and cannot but observe the affinity of the hierarchy in the church, and arbitrary impositions and burdens upon the subject. It may be indeed (thought) strange, that the king granted such exorbitant powers, or that persons of honour ever joined with the prelates in such a court: at present the bishops' cravings were a rule, but our noblemen in a little time wearied to follow them in their heights. Perhaps this was an experiment of what was projected for the whole three kingdoms, in state and church. Things were fast working to bring matters in Britain up to the pattern the king saw, and kept his eye upon in France, where the king was turning tyrant, and made use of the bigoted highflying clergy to help this on, and every thing was modelling plainly enough, towards the eastern absolute prerogative and power. Let me finish this subject with some more general remarks upon the erection of this court. We have seen the powers and constitution of it from the king's warrant. Every one must see that this high commission in its very erection, casts a slur upon the privy council, either as remiss in the execution of the acts of parliament expressly committed to them, or wanting power or inclination to execute them to the satisfaction of the bishops. It is certain the council were not blameworthy as to any thing proper for them to do, yea, they really exceeded their powers in some cases, to gratify the bishops. But these behoved to have more, and the council generally sat at Edinburgh, and so were alleged not to be a sufficient bridle upon the presbyterians up and down the country: and therefore an itinerant sort of court, made up of a few zealots, whom the bishops should at their pleasure pick out to travel up and down, and overawe the people who disliked the church settlement, was reckoned a better expedient, especially when clothed with the highest power the king could put in their hand. This high commission in former times of prelacy, had been the last resort and plight-anchor of bishops in the reigns of James VI. and Charles I. Whenever the nobility, gentry, and commons in Scotland came to have any sense of liberty, and awaked out of their sleep, this court was complained of, and petitioned against, as most arbitrary and op- 1664. pressive, and one of the greatest grievances subjects could be under. But the truth of the matter was, such measures as those were still found absolutely necessary to support the hierarchy in Scotland. What is contrary to the constitution and inclinations of a people, must still be maintained and carried through by violent, rigorous, and illegal methods. However, in a year or two, our nobility and gentry fell into a dislike of this arbitrary court, and matters again returned to their own channel, the secret council, which indeed was a judicatory abundantly severe and arbitrary. The English nation, who, when at themselves, are vigorous asserters of the liberty of the subjects, at the restoration, in the heat of their loyalty, run to great enough lengths in the surrender they made to the king; and yet when they gave back the whole of the dignities and prerogatives possessed by their sovereigns formerly, some of which had been reckoned not very agreeable to the liberty of the subject, and constitution of England, some few years before; yet they could not hear of a high commission: and, as far as I have observed, it was never allowed, though sometimes attempted, during the reign of king Charles II. Indeed when a papist mounted the throne, and all things pointed towards popery, and consequently to slavery, this court was set up there; but any thing was welcome now to our managers in Scotland, which came from the royal prerogative, and was demanded for the support of prelacy. Somewhat has been already said as to the members of this court; and from the list of them in the commission, the reader will have remarked, that it is of a heterogeneous nature: most of the members were laymen, by their commission empowered to judge of ministers' doctrine, and suspend and deprive (them) of both benefice and office. The churchmen in the commission had power of corporal punishment, and cognoscing upon civil matters. Thus it was a very native product of the royal supremacy, which works wonders in Scotland: it confounds, yea, alters the co-ordinate power of the state and church, and makes a layman of a churchinan, and a churchman | powers were very ample and wide, and they 1664. of a layınan, without any difficulty. had abundance of room to make many What can be more agreeable to so mighty a offenders, yet their powers and commission parent as the civil pope? Thus his holiness were more than once enlarged, and that with at Rome commits the sword and the keys an eye to particular circumstantiate cases, to the high court of the inquisition, who yet and many of their sentences exceeded the are so discreet as to make the fashion of largest of their powers. I have not seen turning over their pannels to the secular any other copies of their commission than arm, a little before their death. that insert, and it is very large. In short, their arbitrary and tyrannical procedure frighted people from coming before them, and it was found more eligible to undergo a voluntary banishment, than to be sold as a slave. And in some time, the violent procedure of the prelates made the noblemen unwilling, and some way ashamed to sit with them; and in about a year and a half's time, our bishops could neither find judges to join with them, or parties to appear before them, and so were constrained to give over: and after near two years, this contrivance of bishop Sharp's came to an end, and those heavy harassings, joined with the oppressions of the army, opened the door to the country to rise in arms, as we shall hear in the beginning of the next book. It remains I now give some more particular account of the actings of this inquisition now set up. An ingenious writer compares this Crail court unto the old lion in the cave. There were abundance of footsteps, and tracks of beasts' feet going to the cave, but none returning; which when cunning reynard observed, he stopped at the entry, and went no farther. Thus many came to this court, but very few returned; all almost were devoured who came within their clutches. I cannot so much as find one who appeared before them, that came off without punishment; so exact were they in their citations of guilty persons, or else made all guilty who came before them. Indeed their procedure was abundantly summary. When a pannel came before them, they used not the formalities of a libel, or witnesses; whoever the prelates pleased were cited, and upon their appearance, a captious question or two was asked, and upon their silence, or answering, for both were much the same before this court, who were determined to punish all that appeared, they presently judge him. It was but seldom they troubled any witnesses. The taking the oath of supremacy was the only thing that could save such as appeared; but I hear of few before them whose throats were wide enough for that. Frequently they doubled the fine imposed by the act of parliament, upon some pretext or other; and not satisfied with the punishment appointed by law, added somewhat of their own, further than what the king and parliament had annexed to the alleged crimes before them, such as confinement, relegation to some of the plantations, or some remote place of the kingdom, some hundred miles distant; and some were gifted away, and actually sold for slaves, which is against scriptural and natural law and light. I find it remarked by a minister who lived at this time, that although their SECT. II. Of the actings of the high-commission court, and the persecution of gentlemen and others before them, 1664. In this section I do not pretend to give any full account of the actings and procedure of this terrible court. I have been at some pains to inquire for their records, if they kept any, but cannot fall upon them; if these could be recovered, or a particular and distinct account now had, it would make a dismal figure, and afford a large heap of materials for this history. It is only a very few instances of their procedure with gentlemen and ministers, some of which I have from the persons themselves, that I can set down as proofs of the iniquity and severity of this court; and from those some judgment may be formed of the rest of their procedure. Some more hints of what they |