The ministers under confinement agreed upon a petition, and sent it to the committee; but the Chancellor insisted that they should acknowledge their fault in meeting upon the design they did. This they could not in conscience comply with, notwithstanding the advocate, who had taken the tender, and thereby renounced all allegiance to the king, when many of them were suffering for their loyalty, threatened to found a process of treason upon the supplication. And therefore they continued a considerable time in prison; at last several of them were let out of the castle, and confined to their lodgings in Edinburgh, till the sitting of the parliament, when they were all liberated except Mr Guthrie, who remained in prison till a glorious martyrdom set him free.

During the proceedings of the committee, that vile apostate Sharp arrived at Edinburgh on the last of August, and the next day delivered the following letter from his majesty, directed to Mr Robert Douglas, to be communicated to the presbytery of Edinburgh.

CHARLES R.

TR

RUSTY and well-beloved, we greet you well. By the letter you sent us with this bearer Mr James Sharp, and by the account he gave of the state of our church there, we have received full information of your sense of our sufferings, and of your constant affection and loyalty to our person and authority; and therefore we will detain him here no longer, of whose good services we are very sensible, nor will we delay to let you know by him our gracious acceptance of • your address, and how well we are satisfied with your car riages, and with the generality of the ministers of the church of Scotland, in this time of trial, whilst some, under specious pretences, swerved from that duty and allegiance they owed to us. And because such, who, by the countenance of usurpers, have disturbed the peace of that our church, may also labour to create jealousies in the minds of well-meaning people, we have thought fit, by this, to assure you, that, by the grace of God, we resolve to discountenance profanity, and all contemners and opposers of the ordinances of the gospel. • We do also resolve to protect and preserve the government of the church of Scotland, as it is settled by law, without violation; and to countenance, in the due exercise of their functions, all such ministers who shall behave themselves dutifully and peaceably, as becomes men of their calling. We will al· so take care that the authority and acts of the general assembly at St Andrews and Dundee 1651, be owned and stand in force, until we shall call another general assembly, (which we purpose to do as soon as our affairs will permit) and we do intend to send for Mr Robert Douglas, and some other mini

1

sters, that we may speak with them in what may farther concern the affairs of that church. And as we are very well satisfied with your resolution not to meddle without your sphere, so we do expect that church-judicatures in Scotland, and ministers there, will keep within the compass of their station, ⚫ meddling only with matters ecclesiastic, and promoting our • authority and interests with our subjects against all opposers: and that they will take special notice of such, who, by preaching, or private conventicles, or any other way, transgress the ⚫ limits of their calling, by endeavouring to corrupt the people, ' or sow seeds of disaffection to us or our government. This " you shall make known to the several presbyteries within that our kingdom: and as we do give assurance of our favour and encouragement to you, and to all honest deserving ministers there, so we earnestly recommend it to you, that you be ear• nest in your prayers, public and private, to almighty God, who is our rock and our deliverer, both for us and for our government, that we may have fresh and constant supplies of his grace, and the right improvement of all his mercies and ⚫ deliverances, to the honour of his great name, and the peace, safety, and benefit of all our kingdoms. And so we bid heartily farewell. Given at our court at Whitehall, the 10th of August, 1660, and of our reign the twelfth year. his majesty's special command, LAUDERDALE.'

By

you

This letter seems to have been penned by Sharp; and, though calculated to lull-all asleep till matters were ripe for a thorough change, yet there is in it an innuendo, as if some of the ministers had deviated from their duty: howbeit, none of them had taken the tender, nor complied with the measures laid down by Cromwell, as Sharp did. The reader will likewise observe, that this covenanted king took care not to mention one word of the covenants, but only promised to protect the government of the church of Scotland, as it is settled by law. And as for his calling an assembly, if it was intended, we are sure it was never performed. However, the presbytery of Edinburgh sent a loyal answer to the king's letter, with another to Lauderdale. But to return to the proceedings of the commit

tee.

When his majesty's letter came down, it rather increased) than lessened the committee's proceedings against gentlemen and ministers. The brethren for the public resolutions made too much of it; and those who opposed these resolutions were looked upon as enemies to the king, and therefore many of them were harrassed and imprisoned.

Thus, on the 14th of September, John Graham provost of Glasgow, and John Sproul, town-clerk there, were imprisoned, by

their order in the tolbooth of Edinburgh, because they were reckoned to favour the remonstrance. The next day, Mr Patrick Gillespie principal of the college of Glasgow, was made, prisoner in the castle of Edinburgh, and afterwards sent to Stirling castle, where he continued till the parliament sat down. Mr William Wisheart and Mr Robert Row were confined to their chambers at Edinburgh, and within a few days Mr Wisheart and provost Jaffray were imprisoned in Edinburgh jail; about the same time the Rev. Mr James Guthrie was sent from Edinburgh castle to Stirling, where he continued till near the time of his trial.

On the 19th of September a proclamation was published against two noted books, viz. Mr Rutherford's Lex Rex, and the Causes of God's Wrath, as if they contained many things injurious to the king, and laid the foundation and seeds of rebellion. But the truth is, the principles maintained in the first were never yet disproved, and the facts in the other were directly contrary to the measures now pursued; and therefore they were called in and burnt at Edinburgh by the common hangman.

Next day a proclamation was issued against all whom the committee were pleased to call remonstrants, and their adherents: by this the most zealous of the ministers were laid open to persecution, and many gentlemen of the best estates and greatest interest in the nation, who appeared for the Reformation since the year 1637, and had given the greatest evidences of concern for the royal family, were now struck at, with a view to model the elections for the ensuing parliament to the mind of the court. Accordingly some were summoned before the committee, and others confined, that their influence upon elections might be prevented. And if they had any tolerable information against them, with respect to their compliances in the time of the usurpation, or their inclination to the remonstrance and protestation, they were to sign a bond, obliging themselves to do nothing tending to the prejudice of his majesty's person, family, and authority, and that they shall not, in any time coming, directly or indirectly, own, promote, or abet the remonstrance under the highest pains,

On the 10th of October Sir Archibald Johnstoun of Waristoun, Colonel Ker, Colonel Barclay, John Hume of Kello, Robert Andrew of Little-Tarbat, and William Dundas, late supervisor, were declared fugitives by the committee.

Many ministers were at this time brought to trouble; particularly, on the 13th of October, Mr John Dickson minister at Rutherglen was imprisoned at Edinburgh, upon an information given by Sir James Hamilton of Elistoun, of some expressions used in a sermon, which, as was alleged, reflected on the go

vernment and committee, and tended to sedition and division. Mr James Nasmith minister at Hamilton was imprisoned for words alleged to have been spoken by him many years ago, and Mr James Simpson minister at Airth, when going to settle with a congregation in Ireland, was seized at Port-patrick, without any cause shewn him. Now it cannot be alleged that these persons suffered for rebellion or treason; for all of them owned the king's authority, and many of them had suffered much for his majesty when in exile. After this the committee adjourned for some days.

On the 1st of November a proclamation was published with much solemnity, for holding a parliament at Edinburgh on the 13th of December following; but the king being engaged in several important affairs at London, the affairs of Scotland were postponed till the 31st of December, when his majesty's highcommissioner arrived at Holyrood-house, and by that time all was ready for business.

I shall close this chapter by observing, that though, in November, George Campbell, sheriff-depute of Argyle, was imprisoned for being concerned in some things with the marquis, yet he was soon pardoned.

CHAP. II.

Of the Acts of the first session of Parliament, the conduct of the Church Judicatures, the sufferings of the Marquis of Argyle, Mr James Guthrie and several others.

WE

E have had a short view of the arbitrary proceedings of the committee of estates, by which not a few suffered contrary to law and therefore the first step of the managers was, to open a door for a more legal prosecution of honest people who stood up for religion, liberty, and property.

:

Accordingly when the parliament met, upon the 21st of January 1661 they passed many acts, which were illegal, and subver sive of the constitution both in church and state. To trace this matter more particularly-the greatest part of the members of this parliament were men of a very infamous character. The commissioner, the Earl of Middleton, was of a fierce and violent temper. Bishop Burnet says, His way of living was most splendid, but at the same time was most scandalous; for vices of all sorts were the open practices of those about him.' The nobility and gentry were remarkably changed to the worse Few that had been active in former years were now alive, and these few were marked out for ruin. Several of the leading managers finding that the strictness of the Presbyterian discipline stood in the way of their licentiousness, took a disgust thereat; besides, great pains had been taken at the elections, to

get those chosen, who were entirely at the devotion of the court; and if any of another disposition had been chosen, some pretence or other was made to set aside the election.

When they had taken their seats in the parliament-house, Mr Robert Douglas preached an excellent sermon from 2 Chron. xix. 6. Take heed what ye do, for ye judge not for man, but for the Lord, who is with you in the judgment. After calling the rolls, the earl of Glencairn was chosen preses, and the commissioner had a speech recommending peace and unity.

It is to be observed, that according to former unrepealed acts, the covenants were to be taken and subscribed by every member of succeeding parliaments, before they entered upon business: but a new oath of allegiance, or rather supremacy, being now imposed, the same was taken by all present, except the Earl of Cassils; so that this parliament sat down and proceeded in a method directly contrary to standing laws.

On the 8th of January the commissioner moved, that the parliament might proceed to business, in the ancient way, by the lords of the articles, without devolving their power on them, which he declared was not his intention; accordingly after some debate, it was resolved, That 12 noblemen, 12 barons, and 12 burgesses, with the officers of state, shall be in the place of the lords of the articles. These were authorised, in their several meetings, to hear all matters presented to them, to receive proof of what they found relevant, and report to the parliament twice a week. And to these the nation was

chiefly indebted for the laws made in this session.

It is very evident that the main design of this parliament was to make the king absolute; and this was not a little promoted by the fulsome sermons preached by too many before them. The preachers were not then appointed by the assembly or commission, who used formerly to sit in time of parliament, but the king's advocate, by his letter, appointed what preachers he pleased. Their ordinary themes were the wickedness of rebellion, the extensiveness of the king's power, passive obedience, &c. and Bishop Burnet says, though they did not speak out, they insinuated the necessity of a greater authority than was then in the church for keeping them in order. One or two spoke plainer; upon which the presbytery of Edinburgh went to the Earl of Middleton and complained of that as an affront to the law and the king's letter. He dismissed them with good words, but took no notice of their complaints. It will not be amiss now to consider some of the acts made in this session of parliament, since they laid the foundation for all the injustice and cruelty that were exercised afterwards.