1665. our lieges were fined in the particular moiety of the said fines, to all persons | sums of money therein expressed, nominate in the said act, of whatsomever and as to those sums were excepted out of quality or degree they be of, the first being the said general act: and albeit, we did paid by such as are ordained to pay the not only suspend the payment of the fore- same, who shall come in and take the oath said sums for some time, but did prorogate of allegiance in the ordinary form, and shall the terms of payment thereof, until the subscribe the declaration as it is set down in 11th of December, 1664, for the first the 5th act, session 2d, and act 2d, of the 3d moiety, and the 11th of March last, for session of our late parliament, in presence of the second moiety: with certification, that our commissioner, or such of the lords of such, as being charged at the instance of council as he shall call, or in the presence of our treasurer, treasurer-depute, or advocate, the lords of our council met together; and should not pay in their respective sums, that betwixt and the respective days foresaid, should incur the pains contained in the according to their residence: as also, that said act of our parliament, as our pro-ye in our name and authority make lawful clamation of the 13th of July 1664, bears: proclamation, as said is, to all persons to and notwithstanding that both the said whom we granted a suspension of their terms of payment are long since elapsed, fines, or who have not hitherto been charged and that many of those who have been for payment of any part thereof, to come in charged, have failed in payment of their and take the said oath of allegiance, and first moiety; nevertheless, such is our royal subscribe the declaration the foresaid days goodness and clemency, that we resolve respective, according to their residence: only to put in execution the said act of with certification, if they fail, they shall be parliament, in manner, and upon condition liable for both the moieties of the said following. Our will is, and we charge you respective fines; and that, immediately after straitly, and command, that incontinent these the running out of the said respective days, our letters seen, ye pass to the market cross they shall be charged for payment thereof to of Edinburgh, and other market-crosses of our said collectors, under the pains contained the head burghs of the shires of this kingdom, in the foresaid act of parliament anent fines. and there in our name and authority com- Given under our signet at Edinburgh, the mand and charge all persons who are charged third day of October, 1665, and of our by the said act of parliament, excepting such reign the seventeenth year." to whom we have been graciously pleased to grant a suspension, as also such as have not been charged heretofore, for paying any of their said moieties, to pay in their respective proportions of the first moiety, in case it be not already paid, to Sir William Bruce, collector, betwixt and the first day of December next to come, which is the diet appointed for those that live besouth the North Water of Esk, and the first day of January, which is the diet appointed for those who live benorth the said water: with certification, if they fail, they shall for ever forfeit the benefit of our said act of indemnity and oblivion, and incur all other pains therein contained, to be executed with all rigour: as also, that ye make public intimation at the market-crosses foresaid to all concerned, that it is our gracious will and pleasure to remit and forgive the second Remarks upon this proclamation I shall not stay upon. Who these were who had their fines suspended, I know not. Some few up and down had paid the first moiety; but, it seems, there were but few. The king and some of the managers were willing enough to have waved this matter of the fines, but the prelates and others of them had no mind to part with so fat a morsel; and so the blind is fallen upon, which might expose the refusers in the king's eyes, and the view of those who knew not how matters stood, and effectually secure them in the fines of such who were really presbyterians. I need scarce observe, that this is a new proof that the fines were designed principally against presbyterians; and it was no ease to them at all to have the second moiety forgiven them, upon their paying the first half, and taking the oath and declaration, since 1665. both were flatly against their principles: and | 7th, about the magistracy of Ayr. By therefore it was but very few named in the the first, the present magistrates, and act of fines, who embraced the terms offered; eight or nine others who have signed the and that the primate and others expected. declaration, are empowered to elect the magisThis, as the reader will have more than once trates and council for the ensuing year, prooccasion to observe, was one of the unhappy viding William Cunningham continue promethods of this reign, first, to lay on illegal vost; and the earl of Eglinton, with advice and oppressive impositions, and then to of the archbishop of Glasgow, is to see this require absolute conformity to the church act put in execution. By the other, the establishment, as an alleged reasonable thing matter is left to the old magistrates, and to get rid of those impositions. This pres- such of the council as have taken the byterians found in many of the turns in declaration. those two reigns. The council, November 23d, make some further regulations as to the fines. "And considering, that several persons, through age and infirmity of body, and other necessary impediments, may not be able to come in to Edinburgh, to take the oath and declaration, in the terms of the proclamation, give warrant to the clerk to issue out commissions under his hand, to such persons as shall make address for that effect, to the sheriffs of the respective shires where they live, or privy counsellors to administrate the same to them, providing his majesty's commissioner be first acquainted with their names, and satisfied with the reason wherefore they are craved." And further, considering several of the said fined persons are dead, they order the heirs and executors of the said defunct persons, claiming the benefit of the said proclamation, to take the oath of allegiance, and subscribe the declaration, if of lawful age, and willing to do the same." "And several of the fined persons being under captions for civil debts, and so cannot repair to Edinburgh, as the proclamation requires; the council grant warrant to the clerk to subscribe personal protections to such as shall make addresses for that effect, to continue till January next." After all those baits, to pay at least one moiety of the fines, it was not very many who paid it, and then Sir James Turner and the army were sent to uplift them by military force, which brought much trouble to many, as we shall see, next year. The pushing of the declaration brings new difficulties this year in the election of magistrates in some burghs; and so I find two acts of council, October 4th, and December By this time many of the old presbyterian ministers, who had seen the glory of the former temple, were got to their rest. The 10th day of October this year, brought the reverend Mr. William Guthrie to his father's house: I shall only add the remark made upon his lamented death, by the worthy minister his contemporary, whom I cited before, when I spoke of him. "This year the presbyterians in Scotland lost one of their pillars, Mr. William Guthrie, minister of the gospel at Fenwick, one of the most eloquent, successful, popular preachers, that ever was in Scotland. He died a sufferer, for he was deposed by the bishop, but in hope, that one day the Lord would deliver Scotland from her thraldom." Many others of the old ministers of this church died about this time in peace, being taken away from the evil to come, and fast coming on in great measures, and departed under the solid and firm hope of a glorious deliverance coming to this poor church. Others of them were harassed by the prelates. This year, in October, Mr. Matthew Ramsay minister at Kilpatrick Wester, in the presbytery of Dunbarton, a person of the most shining piety, stayed gravity, of the greatest eminency of gifts, extraordinary sweetness of temper, and of a most peaceable behaviour, was by the bishop in synod deposed at Glasgow, without any other cause so much as alleged, but his not attending their prelatical synods and presbyteries. Mr. Guthrie's little book, "The Trial of a Saving Interest in Christ," a book with which, to this day, we believe almost every pious Scotextent of his talents and to the pure and pious tishman is familiar, bears ample testimony to the spirit wherewith he was animated.-Ed. Together with him, Mr. Robert | guilty, and may be reached as contraveners 1665. Mitchel, minister of Luss, in the of the acts of parliament against separation, same presbytery, a person of most eminent the 1st act of the 3d session of the late ministerial qualifications, was for the same parliament, and the proclamation emitted 1 crime suspended, in order to be deposed by his majesty and parliament, against next year. quakers, January 22d, 1661, and that they be punished by fining, confining, imprisonment, and such other corporal and arbitrary punishments as the council think fit; and that these now in prison, Anthony Hodges, and Andrew Robertson, be brought before the council, and a libel be given them by his majesty's advocate to see and answer." The laird of Swinton is dropped, and I find very little effectually done as to others of them: so that in this reign they got deep rooting, especially in the northern shires. October 14th, I find George Porterfield and John Graham, late provosts of Glasgow, were cited, as usual in such cases, to appear and answer before the council, to what should be charged against them, upon pain of death. They were two excellent persons, who had been singularly active in the late work of reformation; and after they had been brought to some trouble by the committee of estates, in the year 1660, retired to Holland, where they were living peaceably, under a voluntary exile: and, December 19th, they were both, upon their noncompearance, declared rebels and fugitives. It was pretended, without the least proof, that they were guilty of treasonable practices in Holland, merely because they continued there during the war; when indeed, whether there had been peace or war, they would not willingly have come home, to involve themselves in unnecessary trouble, and the persecution now so much raging against all presbyterians. In the beginning of November this year, the earl of Rothes commissioner, made a tour to the west country, in great pomp and splendour, with the king's guards waiting on him, and a great train of attendants. He was at Hamilton, Glasgow, Eglinton, Paisley, Dunbarton, and Mugdock. That part of the country behoved to be overawed, if possible, from their aversion to the courses now carrying on. Whether information was taken of the circumstances and estates of the excellent gentlemen in that neighbourhood, now in prison, in order to some following designs, I cannot say; but as some severe acts against presbyterian ministers accompanied Middleton's circuit, so we shall just now meet with some more of that kind. The commissioner returned to Edinburgh towards the end of the month, November 30th, the council having considered the report made by the committee appointed to consider what course should be taken with quakers, “find, that they are The council go more closely to work against presbyterian ministers and people; and next council day, December 7th, pass some severe acts and proclamations against them. The high commission was now expiring, and the privy council return to their former work. Their first act at this diet extends their former acts, chiefly pointing at the younger presbyterian ministers, unto all of them, as may be seen in the act itself, at the foot of the page. The act * Act of council against ministers, Edinburgh, December 7th, 1665. The lords of his majesty's privy council finding it now, after a long and tender forbearance, necessary, that their acts of the third of December, one thousand six hundred and sixty-two, and thirteenth of August, one thousand six hundred and sixty-three years, against such ministers as entered in, or since the year one thousand six hundred and forty-nine, and had not since obtained presentations from their from their ordinaries, be, upon some weighty lawful patrons, and collations and admissions grounds and considerations therein mentioned, extended against all such other ministers, who being entered before the year forty-nine, have, since the restitution of the government of the church by archbishops and bishops, relinquished their ministry, or been deposed therefrom by their ordinary; do therefore command and charge all such ministers, within forty days after publication hereof, and all such ministers as shall hereafter relinquish their ministry, or be deposed therefrom by their ordinary, (within tion) to remove themselves, their families and forty days after their relinquishing and deposigoods belonging to them, out of these respective to reside within twenty miles of the same, or parishes where they were incumbents, and not within six miles of Edinburgh or any cathedral church, or three miles of any burgh royal within this kingdom, or to reside two of them within one parish with certification, if they fail to .1665. I begins with a declaration, "That the council | quietly and peaceably, of whom, in after a long and tender forbearance," (after the ordinary course of nature, they what we have now seen in the preceding would very quickly have been rid without part of this book, some readers will be ready this cruelty. A door is left open to the to say, "The tender mercies of the wicked council, the high commission court, or any are cruel") "Find it necessary their former one bishop, to tolerate them; which was acts, December 23d, 1662, and August 13th, not sought, at least from the two last, as 1663, be extended to the ministers who far as I hear of. All heritors and householdentered in before the year 1649, and have ers are forbid to give them any countenance relinquished their ministry, and been deposed in their preaching, or exercising any part of by their ordinary." There was no new the ministerial office; and all magistrates, fault pretended, and nothing charged, but a and other executors of the law, are emfirm adherence to their principles; and yet powered to imprison them, if they keep not these worthy old men are sent a wandering within the bounds appointed by this profrom their flocks and friends. The hardships clamation. Some interpreted the clause put on them by this proclamation, have with relation to heritors and householders, been above considered, as they relate to the as discharging all to set a house to any younger ministers. nd they are very much presbyterian minister; but I cannot see accented, and the barbarity of the prelates so much in the letter of the act, without pushing this, aggravated, in extending them stretching it. However, it was improven to a very few old dying men, living most by their adversaries, so as they had no small difficulties in many places where to fix, and it was really impossible for all of the presbyterian ministers in Scotland, to continue in it, if they kept precisely to the terms in those acts, as hath been noticed. All this severity against those worthy old men, was according to archbishop Burnet's maxim, which he openly enough propaled as his real sentiments, "That the only way to deal with a fanatic, was to starve him." I am told, that the earl of Kellie, no great friend to presbyterians, upon the publishing of the acts and proclamations agreed to this day, said, "It was his opinion, presbyterian ministers ought to be obliged to wear a badge of distinction from other men, that every body might know them, otherwise he might ignorantly set them some of his houses and lands, and so fall under the lash of the law." This is another persecuting proclamation against presbyterian ministers, for the old fault of bare peaceable nonconformity; I have forgot their number, but they are near a dozen now, and every new one hath some severe clause added. Thus the wicked wax worse and worse. remove themselves as said Is, and to give exact obedience hereunto, (unless they have the permission of the lords of the privy council, lords of his majesty's commission for church affairs, or of the bishop of the diocese) they are to incur the penalties of the laws made against movers of sedition, and to be proceeded against with that strictness which is due to so great contempt of his majesty's authority over church and state. And do hereby inhibit and discharge all heritors and householders in burgh or land, to give any presence or countenance to any one or more of these ministers, removed by this present act, to preach or exercise any act of the office of a minister: with certification, if they, after publication hereof, shall presume so to do, they are to be proceeded against according to law: and commanding and requiring all sheriffs, stewarts, magistrates of burghs, and justices of peace, to make diligent search and inquiry within their respective jurisdictions, if any such ministers, as fall within the compass of this or the other two acts of council aforesaid, do reside within the bounds therein prohibited, and to seize upon and imprison their persons, ay and while they find sufficient caution to compear before the lords of his majesty's council or commission, betwixt and such a short day, as the said sheriffs, stewarts, magistrates of burghs, and justices of peace, shall, upon consideration of the distance of the place, judge convenient: and in case of not ineeting of the council or commission at the day foresaid, to compear the next meeting day thereafter; certifying all sheriffs, magistrates of burghs, and justices of peace, that his majesty will account their neglect and remissness in this affair, an high contempt of his authority and commands, and punish the same accordingly, And ordan these presents to be printed and published, that none pretend ignorance. PET. WEDDERBURN, Cl. Secr. Concilii. In the next place they order a proclamation to be published and printed against conventicles, and meetings for religious exercises; which I have insert 1665. below.⚫ It speaks for itself, and | edicts as this. In a little we shall find is so plain as it scarce needs a it the ordinary cant of this period which The former acts since the follows, that these meetings for religious commentary. year 1660, against subjects' convening exercises are the seminaries of separation without the king's authority, are narrated; and rebellion. That they were a separation and this is termed a very dangerous and from prelates and their curates, every body unlawful practice. Thus the heathen perceived; but still the question remains, writers and their emperors used to talk, whether these had not sinfully separated during the first three centuries after Christ; from the reformation of the church of and yet the primitive Christians met at Scotland, and given just ground to ministers their hazard, notwithstanding of such and people to withdraw from them? And • Proclamation against conventicles, Edinburgh, December 7th, 1665. ing of our subjects' hearts and affections from the same, and ministering opportunities for Charles, by the grace of God, king of Great infusing those pernicious and poisonous prinBritain, France, and Ireland, defender of the ciples, the consequences whereof threaten ne less than the confusion and ruin of church and faith to our lovits, heralds, pursuivants, macers, Our will is herefore, and we charge and messengers at arms, our sheriffs in that kingdom. part conjunctly and severally, specially con- you strictly and command, that, incontinent stitute, greeting: forasmuch as the assembling these our letters seen, you pass, and in our name and authority, inhibit and discharge all convenand convening our subjects, without our warrant and authority, is a most dangerous and ticles, conventions, and other meetings, of what unlawful practice, prohibited and discharged number soever, for, and under the pretence of by several laws and acts of parliament, under the exercise of religion, except such meetings the pains against such as unlawfully convocate for divine worship, and other relating hereunto, our lieges; and notwithstanding thereof, and as are allowed by authority; certifying all such that it is the duty of all our good and faithful persons as shall be present at such unlawful subjects to acknowledge and comply with our meetings, they shall be looked upon as seditious persons, and shall be punished by fining, confingovernment ecclesiastic and civil, as it is now established by law within this kingdom, and ing, and other corporal punishments, as our in order thereto, to give their cheerful con- privy council, or such as have, or shall have our currence, countenance, and assistance to such commission for that effect, shall think fit; and ministers, as by public authority are, or shall also certifying all such ministers as shall dare to be admitted in their several parishes, and to perform any acts of the ministerial function, attend the ordinary meetings for divine wor- contrary to the foresaid acts, and all such as ship of the same. And by the first act in the shall reset any of these disorderly persons, known third session of our late parliament, it is declared, to be such, or who shall have any hand in conthat the withdrawing from, and not joining in triving of, or enticing others to keep the said the said public and ordinary meetings for divine conventicles, or shall suffer the same to be kept worship, is to be accounted seditious: and within their houses, where they are dwelling siklike, by an express clause of the first act of for the time; that they shall, after due convicthe third session of our said parliament, all such tion, be liable not only to the foresaid pains ministers as have not obtained presentations and but also to the highest pains which are due to, And for the collations, and all such as should be suspended and may, by the laws of this kingdom, be or deprived, and yet should dare to presume to inflicted upon seditious persons. exercise their ministry, are to be punished as better preventing of all such unlawful meetings, we do hereby command and require all sheriffs, seditious persons. Nevertheless, divers persons, disaffected to our authority and government, do stewarts, magistrates of burghs, bailies of regalnot only withdraw from the public meetings of ities, justices of peace, constables, and other our divine worship in their own parish churches, public ministers, to make exact search from but under the pretence of religion assemble time to time in all places, where any such meetthemselves: likeas, some of the foresaid pre-ings have been, shall, or may be suspected, and tended ministers presume to preach, lecture, pray, or perform other acts belonging to the ministerial function, contrary to the foresaid acts of parliament, and to many other acts of parliament, made by our royal ancestors, and revived by ourself, against such seditious practices. And albeit it is our royal resolution to give all due encouragement to piety and pious persons, in the worship and service of God, in an orderly way; yet, considering that conventicles and unwarrantable meetings and conventions, under pretence and colour of religion, and the exercises thereof, have been the ordinary seminaries of separation and rebellion, and are in themselves reproachful to our authority and government ecclesiastic and civil, and tending to the alienat to apprehend every such person, who shall keep |