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Soel. l. Of the procedure of the justiciary, dress of thanks, July 21st, 1687, 428_address of inurders in the fields, and other branches of the the inhabitants of Edinburgh and Canongate, persecution this year, 1686, 364.

| 1687, ib. Sect. 2. Of the proceedings of the parliament which met April 29th, this year, with the dis- Chap. XII. Of the state of matters in the appointment of the project for rescinding of the year 1688, when the sufferings of presbyterians penal statutes, 358—king's letter to the parlia- ended by the happy and glorious revolution, 137. ment, with the parliament's answer, and the Sect. 1. Of the procedure of the justiciary, commissioner's speech, April 29th, 1686, 359—and acts and proclamations of council this year, act anent the penal statutes, 1656, 366—reasons 1688, 437—act, January 17th, 1688, for a thankswiy none who own the present government, giving upon the queen's being with child, 439– can consent to abolish the penal statutes, 1686, proclamation, May 15th, 1688, or the fourth in367-reasons for abrogating the penal statutes, dulgence, 440—act for a thanksgiving, June 14th, 371/answer to a paper writ for abrogating 1688, 441–proclamation against Mr David the penal statutes, 375-letter from the free-Houstoun, June 12th, 1688, 142-proclamation, holders of the shires of to their commis. August 15th, against books and pamphlets, 443. sioners to the parliament, 1686, 381.

Sect. 2. Of the taking, trial, and public exeSect. 3. Of the king's remarkable letter after cution of Mr James Renwick, in February this the rising of the parliament, the state of Mr year, 445. Renwick and his followers, some proclamations, Sect. 3. Of some particular instances of presand other things this year, which came not in byterian ministers, and others, their sufferings, so naturally upon the former sections, 388— not unto death, this year, 454. Robert Cathcart's information against Mr Ren- Sect. 4. Of some other things which passed wick and his party, 1686, 393–Irish proclama- this year, with the council's procedure, and other tion against treasonable speeches, February 26th, remarkables more immediately preceding the 1686, 398—king's letter to the archbishops, with glorious and never to be forgotten Revolution, directions to preachers, March 1686, 399—-pro- November, 1688, 461-rules of the schools at clamation against slanderers and leasing-makers, Holyrood-house, ib.-proclamation for raising June 16th, 1686, 401–proclamation pardoning the militia, and setting up beacons, September the shire of Argyle, September 16th, 1686, 402. 1688, 463–king's answer to the council, October

1688, 465–proclamation calling out heritors, CHAP. XI. Of the state and circumstances October 30, 1688, 466-act anent the militia, of presbyterians during the year 1637, 402. October 9th, 1688, 467-letter from the Scots

Sect. 1. Of the procedure of the justiciary bishops to the king, November 30, 1688, 468– and council, with the general state of the per- king's answer to the former, November 15th, secution through the country, this year 1687, 1688, 469—proclamation, November 10th, against 404–criminal letters against Dr Gilbert Bur- spreaders of false news, ib.-proclamation, Denet, 1657, 406–Dr Burnet's answer, 408—cember 14th, 1688, anent papists, 475-proclaDr Burnet's second citation, 411-proclamation mation, December 24th, 1688, calling forth the against conventicles, 1687, 413.

heritor's, ib.—first draught of an address to the Sect. 2. Of the various acts of indulgence prince of Orange, 477-address from the meet. granted this year, and particularly that liberty ing of presbyterian ministers, to the prince of in July, which presbyterian ministers fell into, Orange, 481-claim of right, 482—act abolishwith some remarks, 416—king's letter to the ing prelacy, July 220, 1689, 484—dranght of an council, February 12th, 1687, 417–proclama- act of parliament excluding persons from public tion, February 12th, 1687, for first indulgence, trust, 485-act of parliament, April 25th, 1690, ib.--some reflections on the foresaid proclama- restoring presbyterian ministers, ib.--act of tion, 420-council's answer to the king, February parliament, June 7th, 1690, ratifying the con24th, 1637, 423-king's letter to the council, tession of faith, and settling presbyterian Church March 31st, 1687, or the second toleration, 424 government, ib.—-reasons for rescinding the for-king's declaration for liberty of conscience in feitures, 487—act of parliament rescinding fines England, April 4th, 1687, ib.-proclamation, and forfeitures, 489. June 28th, and July 5th, 1687, or the third toleration, 426—the presbyterian ministers' ad- ArrendIX, 495.

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wish. We have this year a new scene of

blood, and public executions were freOf the state and sufferings of presbyterians, quent; and, during this summer, murders during the year 1684.

in cold blood in the fields are beginning, The nature of persecution is pro- and we shall meet with great numbers of 1684.

gressive and growing, and it can them next year. The universal pressing of scarce be otherwise ; one sin is a native the test, was a noble handle for persecution. inlet unto another, and the wicked wax | Fines and banishments are most frequent. worse and worse. Malice, envy, and enmity, The garrisons and lesser courts, by citations against religion and its followers, are insa- and searches, harass the country; and the tiable; and the Lord in the depth of his larger circuits bring persons of better quality righteous judgment, suffers sinners to har- to a great deal of trouble. Great numbers den themselves, and go on from evil to worse, of gentlemen of note and rank, are most extill their cup fill. Success in sin embolden-orbitantly fined, to the value of their real eth the actors, and thirst after blood, like estates; and this year is shut up with the a fever, still increases till a crisis happen. martyrdom of that excellent and extraorAccordingly, the reader will find a cruel dinary person the laird of Jerviswood. In oppressive spirit mightily upon the increase this heap of matter, where the rigour and in Scotland, this year: the work is turning severity of the persecution is indeed far beeasy, hardships upon presbyterians ordinary, yond any notion I can give, or the lame and the trade is gainful to not a few. To accounts that now, after so many years, can wards the end of the year, a vast mary be had, I cannot observe that order I could gentlemen, formerly out of their reach, were desire; yet to essay this as much as the attacked, and the prospect of having a vastness and variety of the matter will allow, share of swinging fines, as good, if not bet- I shall give some account of the procedure ter, as forfeitures, made the sentences go of the council this year, from the records, glibly on. Some of the best of the nation were both more generally in their acts and comattacked, and the duke of York had every missions, and more particularly in their prothing going in Scotland, according to his cesses against gentlemen, ministers, and


others : and next, I design to lay | by their appointment. It is now our will 1681.

before the reader, the processes be- and pleasure, and we hereby authorize and fore the criminal courts, and the forfeitures require you forth with to call all such judges and deaths enacted by them, with a more and magistrates to an account of what fines, distinct account of the processes with rela- or any part thereof, they, or any others by tion to the alleged plot. Then natively will their order have received, and to take care follow the procedure at the circuits, and the that with all convenient and legal diligence, exorbitant fines after them, with some other all, or such a part of the said fines not yet hints which came not in so well on the for- raised, as our privy council there shall think mer heads. This will afford matter for fit to determine, be uplifted and received eight sections.

from the said heritors, to the end that the same, as well as what is already received,

may be brought into our exchequer, to be Of the procedure of the council, relative to

disposed of to such uses, and in such manner

as we shall hereafter think fit to appoint, the sufferings this year 1684.

Providing always, that the remainder of The privy council, as influenced pow, not such fines be not discharged, but left as an only by the clergy, but a habit of severity, awband over their heads, for their good beheightened by gain and incomes from the haviour in time coming, accordingly to be fines, was the great spring of all the perse- raised, or not, hereafter, as our said privy cution, and therefore I begin with distinct council shall think fit for our service: and accounts of their procedure, as the founda- in regard it is reasonable and just, that such tion of the other branches of persecution. of the officers of our forces as are or shall There was not much need of any new acts, be employed in the extraordinary combut a vigorous prosecution of those made, missions granted, or to be granted in relaand giving commissions to particular per- tion to fanatic disorders, have not only sons, with a council and justiciary power. their charges allowed, but a reward given As I have done on the former years, I here them for their good behaviour, we require just run through what they did, in the order our treasurer-principal, and our chancellor, of time it fell out.

to transmit to us an account of all such Fines were one of the sore oppressions charges as our officers are at, and of such the poor country came under in the former sums as they judge reasonable to be beyears, as we have heard ; the most part of stowed on them, to the end that we may them were pocketted and squandered away declare our further pleasure. Given at in profanity, and it was but a small part of Whitehall

, April 5th, and of our reign the them that ever was accounted for. The thirty tifth year. duke of Queensberry and others of the

“ MURRAY." prime managers had observed this, and grudged it; wherefore last year a letter This letter is directed to the lord marquis was impetrate from the king upon this sub- of Queensberry, lord high treasurer-princiject, which was read and recorded in the pal, and lord treasurer-depute, and was recouncil-books, January 3d this year, and mitted to a committee, who were to bring follows.

in a report. And, January 10th, the com“ Charles R. Right trusty, &c. Whereas mittee about the fines reported, “that havwe are informed, that since the indemnity, ing considered his majesty's letter, and the granted by us soon after the rebellion at council's remit, it is their opinion, that a Bothwell-bridge was defeated by the bless-distinction cannot be made of persons guilty ing of God upon our forces, a great number or less guilty, or altogether free, or who of fines were imposed by several of our shall deserve his majesty's favour or not, judges and magistrates, in that our ancient till the persons decerned upon the decreets, kingdom, upon heritors, on the account of fa- and their particular case be considered upon natic irregularities and disorders, whereof a their application; and that therefore letpart hath been uplifted by them, or others | ters of horning, under the council's signet,

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should be direct upon the sentence of the were at, in putting the laws in exe

1684. sheriff-depute of Renfrew, as to the heritors tion against the delinquents, the counof that shire in the first place, to make pay- cilallowed them to retain the sum of two hunment of their fines in fifteen days, being the dred pounds sterling, which is to be distri. ordinary term of law; and that they or any buted among the late magistrates for their of them who shall make application, shall care in that matter; that the council may be heard before the council; and that after ordain the superplus to be paid into the the discussing of that shire, such another cash-keeper.” They do so and appoint it shire may be discussed as the council shall to remain in his hands, till it be considered think fit.”

what part belongs to the king, as having a The council approve, and order the per- right to heritors' fines, and what to the sons charged to be heard on their applica- town, as being the fines of burgesses and tion, by way of suspension. According to others not heritors. I meet with no more this act, we shall, in the following section, about this act. If it was put in execution find a good many of the heritors of Ren- with relation to the other burghs and shires, frew, Matthew Stuart, Falside, Balgray, where fines were uplifted, it would amount Brisbane, and others, have suspensions and to a prodigious sum; and we may see what reductions of their decreets granted them. large allowances were made to the magisSir John Maxwell of Nether Pollock, and trates, who were severe in execution of the others of the presbyterian gentlemen of that laws about fines. shire, were in dependance before the justice- January 23d, the council send a letter to court, and at the end of the year came un- the king by the earl of Perth, seeking libder most unaccountable fines. Meanwhile, erty to dispense in some cases with the fines February 12th, Mr Ezekiel Montgomery, imposed upon husbands, for the disorders sheriff-depute, is ordered to be seized for of their wives. The case came natively many malversations in his office; some of in upon the forementioned act, and therefore them we have heard, and more will fall in. I annex it here.

Whether the council went on to examine May it please your Majesty, — Your the procedure about fines in other shires, Imajesty's parliament did wisely foresee, koow not. All I meet with further in the that withdrawing from the church would registers upon this head, is a petition from leave your majesty's subjects to be deHugh Wallace his majesty's cash-keeper, luded with rebellious principles, and neApril 17th, showing, “That the council, cessarily occasion these field-conventicles, by their late act, were pleased to ordain which have proved to be actual rebellion, letters of horning to be direct against all the and are by your parliament, called the renmagistrates within this kingdom, who had dezvouses of rebellion, and therefore they pot made report of their diligence, against ordained all persons who withdrew to be such as were guilty of ecclesiastical disor-fined. And such who are intrusted to put the ders, and to deliver in their decreets and laws in execution, against that or other ecsentences to the lord treasurer, treasurer- clesiastical disorders, having on all occasions depute, or your petitioner in their name, to represented to your privy council, that the effect diligence may be done against the women were the chief fomenters of these persons liable for such a part of those fines disorders, and that nothing could restrain as belong to his majesty. Conform there- them except making husbands liable for unto the magistrates of Edinburgh have their fines : they considering, that in all been charged to give in their decreets, other cases of the like nature, husbands which they having done, it appears the fines were liable by your acts of parliament for received by them extend to £8349. 128. the fines of their wives; and that therefore, Scots given in at the bar. The magistrates by the analogy of law, and parity of reason, are ordained to pay the said sum to his the best interpreters of all law, they ought majesty's cash-keeper. And upon a peti- to be so in this case also, did, upon those tion from the late magistrates, to have some and many other considerations herewith allowance for the expenses and trouble they represented to your majesty, find the

husbands accordingly to be liable. I therefore, in the construction of the com1684.

But because in matters of govern- ion law, be liable in the payment of the ment, and laws relating to it, your sacred ma- fines imposed by act of parliament, withjesty, as the fountain of all justice as well as out expressing this particularly, though power, is the best interpreter, and your appro- sometimes it be expressed. bation adds much vigour to the law, and en- "3. The parliament having consented, courages such as are to put it in execution, that the wives should be fined, they conwe have sent the earl of Perth your justice- sented consequentially that the husbands general to represent the whole case to should pay it; for it is a common rule in your majesty, who will inform you fully law, when any thing is granted, every of all the reasons and occasions of our thing is granted, without which that cannot procedure, and answer such questions as be made effectual. your majesty may desire to be satisfied in, “ 4. Laws are to be interpreted by analogy as to this or any other matters relating to for that is the presumed will of the lawyour government here, which could not be givers, which has been usually allowed in done by a letter. And we do, with sub- all other cases of this nature; but so it is, mission to your royal pleasure, desire an that in all other cases husbands are made approbation of what we have done in this liable for their wives' fines. Act 104. parl. particular, with power to dispense with the 7. Jam. VI. papists are ordained to pay the fines of loyal husbands, as are no ways to fines of their wives using popish superstibe suspected of connivance with their tions; and by the 38th act. parl. 1. sess. 2. obstinate wives, but are content to deliver husbands are ordained to pay their wives' them up to be punished. We are your fines for swearing and cursing. And many most, &c.

other acts, such as those against conven“J. Drummond, Elphinston,

ticles and others, husbands are also liable, Geo. Mackenzie, Kinnaird, and parents are also liable for their children, Jam Fowlis, J. Falconer,

where there is no act for it.
And. Ramsay, Aberdeen Cancel.
J. Lockhart, Alex. St Andrews, “5. Laws are to be interpreted by
J. Graham, Arthur Glasgow, parity of reason; but so it is, there is as


great reason for their being liable for their
Livingstone, Montrose, wives' fines in this as in any thing else."
Jo. Edinburgh, Linlithgow."

“6. Public interest, and the necessity of

the government, is by all lawyers thought Follows the tenor of the reasons mentioned in the foregoing letter, which induced of reason; and without husbands being

a good reason for extending laws by parity the council to be of opinion, that husbands liable, it is impossible to preserve the should be liable for their wives' fines in

peace, or prevent rebellion. case of delinquences.

“It was urged by lawyers for the defen“1. By act 7. parl. 2. sess. 2. Char. II. ders, that it was hard that husbands in that the parliament appoints every person to be case should be liable for their wives. To fined who shall withdraw, which certainly which it is answered, that rebellion is a must include men and women; and there harder case, and that has not been contore there being no other punishment im- sidered, in the like cases which were as posed but that of fining, that fining behoved hard, by the parliament. to be effectual, else the law resolved in “2. That the former immediate law made nothing. But so it is, that except husbands be the husbands liable, and therefore must be liable for the fines, the fine was no punish- presumed to have omitted this designedly. ment, because women, who were the great To which it is answered, that having in transgressors in this point, have no estate other acts expressed this, they needed not out of which they can pay fines.

here, or at least that this was but an omis“2. The goods during the marriage sion, which in a thousand other cases is being in communion, and the husband supplied from a parity of reason, and pubhaving the power over them, he should lic interest, being universal laws.

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