BOOK XVII.

A.D. 1681.

Parliament—Act for securing the Protestant religion—asserting the divine

right and lineal succession of their kings—for securing the peace of

the country—Lord Bargeny’s case—-THE TEST—debate upon

it—Belhaven—Argyle—objections to its imposition—Argyle takes it with

an explanation—his trial—escapes from the Castle—forfeited—Fraser of

Brea—fined—banished.

At nine o’clock of the forenoon of July 28, the peers in their robes,

and the commissioners of shires in their foot-mantles, assembled at

Holyrood-house on horseback, whence they accompanied his Royal Highness

James Duke of Albany and York to the Parliament House. There being

neither Chancellor nor Treasurer, the Marquis of Atholl was appointed

president of the parliament. Paterson, bishop of Edinburgh, opened it by

a prayer.[139] The Duchess of York and several other ladies were

present, which was uncommon in those days, and considered indecorous.

The Duke of York, who, as a papist would, but for a party in the English

House of Lords, have been excluded from the succession, was sent to

Scotland as commissioner to secure that country, and lay the foundation

of another civil war, if things went adverse to his interest in England.

Nor was any opposition made by this mean-spirited assemblage to

receiving a papist as their king’s representative: previously to their

meeting, it had been privately agitated, but the Duke of Hamilton

refused to have any thing to do with the business, unless a majority

could be previously secured.

Footnote 139:

The first thing which came before the parliament was of course the

settling of controverted elections, on which occasion Bishop Paterson

gave proof of his fitness for the office he filled. “The Bishop of

Edinburgh was heard to say, in the debateable election of East

Lothian, that, for serving the king, the committee might very lawfully

prefer one who was inferior in votes, and they might pass over four or

five votes to hold out a Shaftesbury, which,” adds Lord Fountainhall,

“was spoke very like one who minded his oath, his parliament oath, de

fideli, to judge according to law!”—Decis, vol. i. p. 140.

Both the king’s letter and his speech are pregnant examples of that

villanous hypocrisy which distinguished the royal brothers. The king

told them—“We have ever considered our own and the interests of our

subjects to be inseparable;” and then he explained how “experience

having sufficiently evinced, that all invasions upon, or diminutions of,

the rights and prerogatives of our crown, prove fatal and destructive to

the security and property of our people—which can only thereby be

protected!” and “it is one of our greatest satisfactions that we have

been always careful of that our ancient kingdom, with a tenderness

suitable to our great interest in it,” “for promoting which and securing

the protestant religion, we have called this parliament, and impressed

upon them the necessity of adopting effectual and adequate remedies for

curing these violent distempers, schisms, and separation in the church,

and rebellion in the state.” The Duke of York confirmed the declarations

of the gracious letter. He had it in command from his majesty to assure

them that he would inviolably maintain and protect the protestant

religion as now established by law, and seriously recommended them to

fall upon effectual courses for suppressing these seditious and

rebellious conventicles, from whence proceeded all disorder and

confusion, and those horrid and extravagant doctrines which are a

scandal to Christianity, and tend to the subversion of all public and

private interests; and he concluded by telling them, “as the inclination

I had to serve and promote the interest of this kingdom hath been the

chief inducement to his majesty to give me this opportunity to convince

you of it; so you may be sure I shall do what becomes me to satisfy you

of the truth of it: and I hope you will have that consideration and

kindness as to enable me to perform his service.”

The parliament made a reply, the baseness of which I do not wonder at,

but I do admire the impudence, when I recollect that it was first to be

presented to a papist commissioner, and by him transmitted to a

half-popish king—if he was any thing. “It is a great satisfaction to us

to find your majesty so concerned for the protestant religion, not only

in your gracious letter to us, but in the whole conduct of your royal

government; and we shall with all Christian care and duty endeavour to

confirm it, so as it may become a solid and pious support to your royal

family and monarchy, and a sure fence in this disturbed and divided

church against all usurpations and disorders of popery and fanaticism;”

and they added, what would not be less gratifying, “we shall not fail,

by positive laws, to declare our humble and hearty acknowledgments of

the just rights and prerogatives of your imperial crown, in its just,

native, and lineal course of descent; and to secure the just rights and

liberties of your subjects, so as may justly demonstrate our unalterable

resolutions never to depart from our duty to your royal family and your

lawful heirs and successors, to whom we are tied by so many sacred

obligations.”

Their first act was one ratifying and approving all former laws, acts,

and statutes, made by our sovereign lord’s royal grandfather and father,

of blessed memory, for settling and securing the liberty and freedom of

the kirk of God, and the protestant religion presently professed, and

all acts against popery! The very next was one asserting that the kings

of the realm deriving their royal power from God Almighty alone, their

lineal succession, according to the known proximity in blood, could

neither be suspended nor diverted by any act or statute whatsoever; and

that no difference in religious profession, nor law, nor act of

parliament, made or to be made, can alter or divert the right of

succession and lineal descent of the crown to the nearest and lawful

heirs![140]

Footnote 140:

On this Laing well remarks—“When we peruse the act, and consider how

soon the crown was afterwards forfeited; when we contemplate how

frequently and happily the lineal succession has been since

inverted—we must smile with contempt at the extreme fragility of

political laws, and at the anxious precaution with which the most

violent of them are framed, only to be disregarded and ultimately

broken.”—Hist. vol. iv. p. 119.

Then followed an act for securing the peace of the country, by doubling

the fines and increasing the penalties against all who frequented

field-conventicles, or had any intercourse with those who did. This

presents us with a feature recognizable in the whole conduct of the

ruling party, from the Restoration to the Revolution, which has not been

sufficiently held up to contempt, and that is the low avarice, the base

money-getting tricks which formed the soul, and directed the agency, of

the gallant and chivalrous supporters of the merry monarch, and of his

successor, the gloomy monk of La Trappe. There stands not out among them

one redeeming character—all were the vilest of money-scrapers, who would

have raked the lowest kennels to gather a supply for their prostitutes,

and who, when that failed, only did not take to the highway, because

they found legal villany an easier and less hazardous way of plundering.

An incident which occurred at this time, shows the tenure by which the

wicked hold their power.

Lord Bargeny, a relation of the Duke of Hamilton’s, who had been

imprisoned on a charge of being at Bothwell, was liberated by especial

order of the king, as no proof was produced against him. He offered, in

open parliament, to produce evidence that Hatton, (Lauderdale’s

brother,) the Earl of Moray, and Sir John Dalrymple, had suborned

witnesses to swear away his life, in order to obtain his estates among

them; but the Duke of York, who wished to have the parties in his own

hands, interposed and prevented all inquiry into the foul

transaction:—such was his love of justice—and such was the baseness of

the parliament, that they quietly acquiesced in the Commissioner’s

arbitrary and unjustifiable interference.

But the act which above all others holds up the memory of this servile

set to everlasting shame, is the test—the plain history of which is

worth a thousand arguments to prove the folly as well as the iniquity of

all attempts to secure religion by civil penalties, or to enact

religious tests for political purposes. In order to induce members to

pass the act of succession, they had been promised that every requisite

measure should be adopted for securing the protestant religion.

Accordingly, an act anent religion and the test was brought in, August

31, by which the following oath was ordered to be taken by all persons

in offices and places of public trust, members of parliament, and all

electors of members of parliament, and all ministers or preachers of the

gospel, teachers in the universities, chaplains in families, pedagogues

to children, and all officers and soldiers, betwixt and the 1st of

January next:—“I, ——, solemnly swear, in presence of the eternal God,

whom I invocate as judge of my sincere intention in this my oath, That I

own and sincerely profess the true protestant religion contained in the

Confession of Faith, recorded in the first parliament of King James VI.,

and that I believe the same to be founded on and agreeable to the

written word of God; and I promise and swear that I shall adhere

thereunto during all the days of my life-time, and shall endeavour to

educate my children therein, and shall never consent to any change or

alteration contrary thereunto, and that I disown and renounce all such

principles, doctrines, or practices, whether popish or fanatical, which

is contrary unto, and inconsistent with, the said protestant religion

and Confession of Faith: and for testification of my obedience to my

most gracious sovereign Charles II., I do affirm and swear by this my

solemn oath, that the king’s majesty is the only supreme governor of

this realm, over all persons, and in all causes, as well ecclesiastical

as civil; and that no foreign prince, person, pope, prelate, state, or

potentate, hath, or ought to have, any jurisdiction, power, superiority,

pre-eminency, or authority, ecclesiastical or civil, within this realm;

and therefore I do utterly renounce and forsake all foreign

jurisdictions, powers, superiorities, and authorities; and do promise

that from henceforth I shall bear faith, and true faith, and true

allegiance to the king’s majesty, his heirs and lawful successors; and

to my power shall assist and defend all rights, jurisdictions,

prerogatives, privileges, pre-eminences, and authorities belonging to

the king’s majesty, his heirs and lawful successors: and I further

affirm and swear by this my solemn oath, that I judge it unlawful for

subjects upon pretence of reformation, or any pretence whatsomever to

enter into covenants or leagues, or to convocate, convene, or assemble,

in any councils, conventicles, or assemblies, to treat, consult, or

determine in any matter of state, civil or ecclesiastic, without his

majesty’s special command, or express license, had thereunto, or to take

up arms against the king or those commissionate by him; and that I shall

never so rise in arms or enter into such covenants or assemblies; and

that there lies no obligation upon me from the National Covenant or the

Solemn League and Covenants (so commonly called), or any other manner of

way whatsomever, to endeavour any change or alteration in the

government, either in church or state, as it is now established by the

laws of this kingdom: and I promise and swear that I shall with my

utmost power, defend, assist, and maintain his majesty’s jurisdiction

foresaid against all deadly; and I shall never decline his majesty’s

power and jurisdiction, as I shall answer to God. And, finally, I affirm

and swear that this my solemn oath is given in the plain, genuine sense

and meaning of the words, without any equivocation, mental reservation,

or any manner of evasion whatsomever, and that I shall not accept or use

any dispensation from any creature whatsomever. So help me God.”

This sacred TEST, which I have given at length, because of its

characteristic singularity, even in that age of oaths—carries on its

front such palpable self-contradiction, that it appears to have been

intentionally framed, as the justiciary categories of that day

confessedly were, to create crime. The Confession of Faith here sworn

to, was that drawn up by John Knox, and asserts Christ to be the _sole_

“head of the church, in which [whose] honours and offices, if men or

angels presume to intrude themselves, we utterly detest and abhor them.”

In the test, the king is acknowledged as “the only supreme in all

causes, ecclesiastical as well as civil.” In the Confession, there is

enumerated in the list of good works, “the duty of repressing tyranny

and defending the oppressed.” In the test, it is declared “unlawful,

upon any pretence, to take up arms against the king or any commissionate

by him.”

In opening the debate, Lord Belhaven remarked, that “he saw a very good

act for securing our religion from one another among ourselves, but he

did not see an act brought to secure our religion against a popish or

fanatical successor to the crown.” He was instantly sent to the Castle,

and the Lord Advocate declared there was matter for an accusation of

treason against him; nor was he released until some days after, upon

making an ample apology. Argyle thought it unnecessary, as there were

too many oaths already; and he strenuously opposed the concluding

clause, excepting the king’s lawful sons and brothers. “It is our

happiness,” he said, “that the king and people are of one religion by

law; and he hoped the parliament would do nothing to loosen what was

fast, or open a door for the royal family being of a different religion

from the nation, and therefore he wished, if any exception were made, it

might be made particularly for his Royal Highness.” The Commissioner

hastily rising, said, he would allow of no exemption for himself.

“Then,” replied Argyle, “if this exception pass, it will do more

prejudice to the protestant religion than all the rest of the acts will

do good.” It did pass, after a day’s debate, by a majority of

seven.[141] Having sat seven weeks, the parliament adjourned without

doing much credit to the Commissioner’s character, “on which some wise

men observed, ‘the Duke of York might have courage and obstinacy enough,

like his father; but had neither great conduct nor a deep reach in

affairs, and was but a silly man.’”[142]

Footnote 141:

The majorities seem to have consisted chiefly of “the royal burrows,

who,” says Fountainhall, “were by the court gulled with the hopes of

getting their privileges restored against burghs of regalities and

baronies (which were taken away by the act of parliament 1672); and in

hopes of it, with Issachar, they couched under the burden, and yielded

to every demand of the Duke of York; but when they brought in their

bill to the Articles, they were so far from getting redress, or the

regalities and baronies declared liable to bear a part of the burden

with them, that the Articles were like to take away more from them; so

the burrows were glad to put up their pipes, and hold them as they

were, beside the skaith they had got, by limiting them to elect none

but one of their own town.” Decis. vol. i. p. 155.

Footnote 142:

Fountainhall’s Decis. vol. i. p. 156.

When the test came to be imposed, Scotland presented the appalling scene

of an almost universal compliance among her men in office; yet even

among them there were a few names who defiled not their garments. John

Hope of Hopeton, who had the honour of being deprived of the Sheriffdom

of Linlithgowshire—the excellent Duchess of Rothes, who though strongly

urged, decidedly refused—besides several others. Queensberry took it

with an explanation, “that he did not understand himself to be against

any alterations in case it should seem good to his majesty to make them

in church or state.” The Duke of Hamilton also had his scruples, but was

willing the council should name deputies in any jurisdictions belonging

to him, which they did. The Marquis of Huntly positively refused to take

it; but being a papist, he was passed over. The opposition, however,

made by the synod and Bishop of Aberdeen, the synod of Perth and Bishop

of Dunkeld, and a number of the Episcopalian clergymen, who for the

first time appeared in opposition to the court, induced Paterson, bishop

of Edinburgh, to prepare an explanation, which was approved of by the

council, purporting “that by the test we do not swear to any proposition

or clause in the said Confession of Faith, but only to the true

protestant religion, founded on the word of God, contained in that

Confession, as it is opposed to popery and fanaticism; that no

encroachment is intended upon the intrinsic spiritual power of the

church, as it was exercised by the apostles in the three first

centuries; nor any prejudice to the episcopal government of this

national church.” The precise and unalterable obligation at the close,

however, was so decisive, that many who would have scrupled little at

common obligations, were startled at this; and, to the honour of the

conformist clergy, not less than _eighty_ rather surrendered their

livings than their conscience; and “these were noted to be the best

preachers, and the most zealous enemies to popery, that belonged to that

church.”

The Presbyterians decidedly refused it. Nor could they act otherwise,

without deserting and betraying their religion. Argyle, who saw all

this, unfortunately did not act with that decision which is often, if

not always, the safest, though frequently not the most pleasant or easy

mode of procedure, and at once resign his employments. He endeavoured to

evade taking it, by offering an explanation, as had been done by the

synods and conforming clergy; and his proposal was accepted graciously

by the Duke of York, who at the same time told him the oath was such as

no honest man could swear. His explanation was:—“I have considered the

test, and am desirous to give obedience as far as I can. I am confident

the parliament never intended to impose contradictory oaths, therefore I

think no man can explain it but for himself. Accordingly, I take it in

as far as it is consistent with itself and the protestant religion; and

I do declare I mean not to bind up myself in my station, and in a lawful

way to wish and endeavour any alteration I think to the advantage of the

church or state.” No remark was made at the time, and the Earl took his

place as a privy councillor; but next day, when he waited upon the Duke,

he was told his explanation was not satisfactory. “I thought,” said his

Royal Highness, “it was to have been a short one like Queensberry’s.

Well! it passed with you, but it shall pass so with no other.”

The unsuspecting Earl understood this as an harmonious finale to the

matter; but he knew not with whom he had to deal. On the same day he was

called before the council as a commissioner of the treasury, and again

required to take the test. He offered to do so in the same manner as he

had done before, but was sternly refused. “You and some others,” said

the Duke of York, “have designed to bring trouble upon a handful of poor

catholics, who would live peaceably, however they are used! but it shall

light upon others,” and walked off, after desiring the Earl not to leave

town till he saw him again. Next day he was ordered by the council to

enter himself prisoner in Edinburgh Castle before twelve o’clock, and

the Lord Advocate was instructed to pursue him for treason. They also

sent an account of their proceedings to the king for his approbation,

which they received in course, only desiring that no sentence should be

pronounced until submitted to him. His trial, which lasted two days

(12th and 13th December), immediately commenced; and a more nefarious

one does not disgrace the justiciary records.

In common, there is some appearance of crime in the charges brought by a

public prosecutor, however distorted by legal subtlety; but not the

shadow of a fault could be made to appear against this nobleman, in so

far as his loyalty was concerned. Here, if in any thing, his failings

leaned to the royal side; and when it is considered what his family had

suffered for the royal cause, and by the royal personages, both “the

blessed martyr” and his profligate son, it is wonderful that any of the

house of Campbell could ever have been found in the ranks that supported

the Stuart race.

His indictment was founded, among other acts, upon that of James VI. 205

act, parliament 14, by which all leasing-makers and tellers of them[143]

are punishable with tinsel of life and goods; and 107, James I.

parliament 7, which ordains that no man interpret the king’s statutes

otherwise than the statute bears, and to the intent and effect that they

were made for, and as the makers of them understood; and whoso does in

the contrary, to be punished at the king’s will; and the 10th act,

parliament 10, James VI., by which it is statuted, that none of his

majesty’s subjects presume to take upon him publicly to declare, or

privately to speak or write, any purpose of slander against his

majesty’s person, laws, or acts of parliament, under pain of death. And

his explanation of what all allowed to be a contradictory act of

parliament, was, from the most unnatural distortion and forced

construction of the words by that base unprincipled slave of the court,

Sir George Mackenzie, tortured into treason:—

Footnote 143:

_i. e._ Liars or tellers of lies. What would have become of the royal

brothers had they been tried upon this statute?

“You the said Archibald Earl of Argyle declared that you had considered

the said TEST, and was desirous to give obedience as far as you could,

whereby you clearly insinuated that you was not able to give full

obedience. In the second article, you declare that you were confident

the parliament never intended to impose contradictory oaths, thereby to

abuse the people with a belief that the parliament had been so impious

as really and actually to have imposed contradictory oaths; and so

ridiculous as to have made an act of parliament (which should be the

most deliberate of all human actions) quite contrary to their own

intentions; and that every man must explain it for himself, and take it

in his own sense, which is a settling of the legislative power in

private subjects: that you take the test in so far only as it is

consistent with itself and the protestant religion, by which you

maliciously intimate to the people that the said oath is inconsistent

with itself and the protestant religion, which is not only a downright

depraving of the said act of parliament, but likewise a misconstruing of

his majesty’s and the parliament’s proceedings, misrepresenting them to

the people in the highest degree, and in the tenderest points implying

that the king and parliament have done things inconsistent with the

protestant religion, for securing of which that test was particularly

intended. In the fourth article, you expressly declare that you mean not

by taking the said test to bind up yourself from wishing and

endeavouring any alteration in a lawful way, that you shall think fit

‘for the advancing of church and state,’ by which you declare yourself,

and by your example invite others to think themselves, loosed from that

obligation, and think it is free for them to make any alteration in

either as they shall think fit; concluding your whole paper with these

words, ‘and this I understand as a part of my oath,’ which is a

treasonable invasion upon the royal legislative power, as if it were

lawful for you to make to yourself an act of parliament, since he who

can make any part of an act may make the whole.”

The Earl’s speech, after the indictment was read, was manly and noble.

It contained simply a general sketch of what he had done for the royal

ingrates, and the consequent improbability that he who had evinced such

unshaken loyalty in the worst of times, should now be guilty of

gratuitous treason.

Sir George Lockhart and Sir John Dalrymple followed in plain luminous

speeches, such as it is impossible to conceive how minds of common

construction could withstand the force of the reasoning, and the effect

of the downright statement of facts, which give to them, in perusal, a

power beyond what any artificial eloquence could bestow; yet such was

the deadening effect of a wretchedly supposed self-interest, that the

bench divided equally—two, Newton and Forret, voting for, and two,

Collington and Harcarse, against, the “relevancy of the libel;” and they

remained until midnight discussing the subject, nor were able to come to

a decision. Queensberry, who presided as Justice-General, having himself

received the test with an explanation, declined to vote, as, in

condemning Argyle, he must have condemned himself; yet to acquit him

would have been to forfeit the favour of the court, and he preferred

having his name registered with infamy, to acting the part of an honest

man. In this dilemma, Nairn, an old superannuated judge, who had fallen

asleep during the trial, and had been under the necessity of retiring

from the bench, because, through infirmity, he could not follow the

proceedings, was dragged from his bed and called upon to give his

casting vote. Next day, the interlocutor was pronounced—“sustaining the

charges as relevant, repelling the legal defences against treason and

leasing-making, and remitting the indictment, with the defence against

perjury, to the knowledge of an assize.”

This assize consisted of the Marquis of Montrose, a personal enemy of

Argyle, who presided; the Earls of Linlithgow, Roxburgh, Dumfries,

Early, Perth, Dalhousie, Middleton; Lords Sinclair, Lindores,

Burntisland; the Lairds of Gosford, Ballymain, Park, Gordon, and

Claverhouse. A majority of them were political adversaries, predisposed

to condemn. Argyle refused to reply. He saw that his case was prejudged;

and he did not give his enemies the triumph of overwhelming a fruitless

defence. With a vile affectation, the Lord Advocate charged the jury to

bring in a verdict of guilty, or stand the consequences of a process of

error. “And it being proven,” Fountainhall’s expressions, “that he (the

Earl) gave in that explanation which the lords found treasonable, the

assize (being so determined by the interlocutor) could not but find him

guilty of treason and leasing-making, but assoilzied him from the

article of perjury.”

“There was a great outcry,” his lordship adds, “against the criminal

judges for their timorous dishonesty,” and well there might; nor can I

help joining issue with Sir George Lockhart, who “admired how a man

could be condemned as a traitor for saying he would make all amendments

he could to the advantage of church and state!” Were not every

circumstance in this atrocious business as much opposed to common sense

as to law, we might wonder how any set of men above the scale of idiocy

could consent to a process of treason being raised upon such palpable

expressions of loyalty and patriotism; but that men, and these in the

highest rank of society in Scotland, could have been found to bring in a

verdict of guilty, shows what a dreadful want of moral principle then

existed in the country, especially among the elevated classes.

As soon as the verdict was made known, the council met and sent a

letter to the king, requesting leave to order the justiciary to

pronounce sentence of death, but to delay execution during the royal

pleasure. Argyle, who justly dreaded the event, had despatched a

messenger to court to ascertain what he might expect from that

quarter. By him he learned that the king would be prevailed upon to

comply with the council’s desire; and being at the same time

informed that he was to be transferred from the Castle to the common

jail, to which peers were wont to be removed a few days before

execution, he considered that no time was to be lost in providing

for his safety; and on Tuesday the 20th of December, about eight in

the evening, he succeeded in effecting his escape, disguised as the

page of Lady Sophia Lindsay, his step-daughter. Irritated at his

flight, which was doubly galling as they knew he could proclaim, not

to his oppressed country only, but to Europe, the vileness of the

religious tyranny that desolated his country, the council

immediately issued a proclamation, denouncing the fugitive as having

added “the breach of prison to his other crimes, and without waiting

for that clemency which he might have relied upon (!!) if he had not

been conscious to himself of guiltiness that required such an

escape; and commanding all loyal subjects to apprehend the said

Earl, indemnifying those who should kill, mutilate, or slay the said

Earl or his accomplices, if resisting;” besides placing him under

the ban of intercommuning. But the Earl, who could fully estimate

the value of that clemency which he was accused of mistrusting, had

fortunately got beyond their reach. Mr John Scott, minister of

Hawick, directed him to an obscure alehouse, where he met Pringle of

Torwoodlee, by whom he was sent to William Veitch, an exiled

minister, lurking on the borders, under whose direction he was

safely conducted to London, whence he got to Holland—then the place

of refuge for the persecuted Presbyterians.[144]

Footnote 144:

In London, the Earl lodged at the house of a Mr Smith, a sugar baker,

whose lady, a pious woman, with the generosity and fearlessness of her

sex, concealed him at the risk of her own life and fortune, for it was

known that he was in London; and if Burnet be correct, Charles II.

showed on this occasion one of the few praiseworthy traits of his

character. He was informed of Argyle’s retreat, but would not allow

him to be sought after.—A long and interesting account of Argyle’s

escape and journey to London, is given in the Life of Veitch,

published by Dr M’Crie.

The privy council, to strike terror into any who complained of the

injustice of the interlocutor pronounced by the court, named a committee

to call his (Argyle’s) advocates before them for subscribing an opinion

that his explanation contained nothing treasonable, although they

themselves had given these gentlemen authority to plead freely in

defence of their client. When they appeared, some proposed to imprison

and deprive them; nor was it without difficulty that they were allowed

to continue their practice, York observing, if any bad use were made of

their written opinion by spreading it abroad in England to incense the

people, or reproach him or the judges, he should consider them as much

to blame. It was, however, afterwards printed in England along with

Argyle’s trial, where it produced a powerful effect.

It had not been usual, nor was it deemed legal, to pronounce sentence of

forfeiture in absence; but when all the essentials of justice had been

violated, the council did not deem it worth while to stickle at forms.

The Countess gave in a petition to the court of justiciary. It was as

might have been anticipated of no avail. “Archibald Earl of Argyle was

found guilty and culpable of the crimes of treason, leasing-making, and

leasing-telling, and adjudged to be executed to the death; demeaned as a

traitor; his name, memory, and honours to be extinct; and his arms to be

riven forth and deleted out of the book of arms: so that his posterity

may never have place, nor be able hereafter to bruik or enjoy any

honours, offices, titles, or dignities within this realm in time

coming;” and his tacks, stedings, goods, and gear whatsoever remaining

to him “be escheated” to our sovereign lord, to remain perpetually with

his Highness in property; which was pronounced for doom. Within seven

years, the representative of Argyle was the first man in Britain—the

representative of Stuart was a wanderer and a vagabond on the face of

the earth!

Next day, after Argyle’s escape, Fraser of Brea appeared before the

council. Returning home from the south, he had preached in a barn on a

Lord’s day, for which the council ordered him to be summoned as holding

field-conventicles; but on learning the true state of the case, the

summons was stopped, only some of them spoke to Sir Hugh Campbell of

Calder, his surety. Sir Hugh shortly after visiting his friend, found

him lying sick of an ague and proposed writing to the Bishop of

Edinburgh and the Lord Advocate to inform them of his situation, and get

him excused. Mr Fraser, who knew the men, earnestly entreated him not to

interfere, “for if the prelates hear that I am sick, they will instantly

cite me, in hopes that either I cannot appear being sick, and so fall in

the forfeiture of my bond of five hundred and sixty pounds, which they

would gladly be in hands with; or, if I should appear, might thereby

endanger my life.” His surety thought his fears groundless, and

acquainted Bishop Paterson that Mr Fraser was seriously ill, and never

preached in the fields. Immediately the citation was revived, and the

day of his appearance fixed for the 22d of December, when they thought

he certainly could not at that season come from the north, and the bond

must be forfeited; but he most unexpectedly and suddenly recovered, and

arrived in Edinburgh in good health, and his surety with him.

The council, astonished at his appearance, finally referred the case to

the bishops, by whom he was sentenced to pay a fine of five thousand

merks, be imprisoned in Blackness Castle till he paid it, and gave

security not to preach any more, or go off the kingdom. He was

accordingly sent to Blackness Castle, where he remained six weeks, till,

upon the Duke of York’s going to England, accompanied by Bishop Paterson

and his brother—his two great enemies—Mr Fraser’s friends applied to the

council, and procured a liberation and a remission of the fine, upon the

condition of his leaving the kingdom, which he did, and went to reside

at London.

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Annals of the persecution in Scotland · 第 17 / 22 章