THE
CASE
OF
THE
EARL
of
ARGYLE
.
OR
An
exact
and
full
Account
of
his
Trial
,
Escape
,
and
Sentence
:
Wherein
are
insert
the
Act
of
Parliament
injoining
the
Test
,
the
Confession
of
Faith
,
the
old
Act
of
the
King's
Oath
to
be
given
at
His
Coronation
:
With
several
other
old
Acts
,
made
for
establishing
the
Protestant
Religion
.
As
also
several
Explications
made
of
the
Test
by
the
Conformed
Clergy
:
With
the
Secret
Councils
Explanation
thereof
.
Together
with
several
Papers
of
Objections
against
the
Test
;
all
framed
and
emitted
by
Conformists
:
With
the
Bishop
of
Edinburgh's
Vindication
of
the
Test
in
answer
thereto
.
As
likewise
a
Relation
of
several
Matters
of
fact
,
for
better
clearing
of
the
said
Case
.
Whereunto
is
added
An
APPENDIX
,
in
answer
to
a
late
Pamphlet
called
,
A
Vindication
of
His
Majestie
's
Government
,
and
Judicatories
,
in
Scotland
,
—
Especially
with
Relation
to
the
Earl
of
Argyle's
Process
.
In
so
far
as
concerns
the
Earl's
Trial
,
Printed
in
the
Year
M.
D.
C.
LXXXIII
.
THE
PUBLISHER
TO
THE
READER
.
HAving
received
the
ensuing
Narrative
of
the
Case
and
Trial
of
the
Earl
of
Argyle
,
under
the
Caution
you
may
find
in
the
close
of
it
,
not
to
hasten
the
publication
,
but
rather
to
wait
for
a
more
convenient
season
,
It
's
like
I
had
continued
to
comply
(
as
I
have
done
hitherto
)
with
the
Earl's
inclination
,
if
not
excited
to
the
contrary
by
a
Paper
called
,
A
Vindication
of
His
Majestie
's
Government
,
and
Judicatories
,
in
Scotland
—
Especially
with
relation
to
the
late
Earl
of
Argyle's
Process
,
printed
at
Edinburgh
,
and
reprinted
at
London
,
with
the
appearance
of
a
publick
allowance
:
For
,
albeit
all
wise
and
sober
men
,
not
only
in
Scotland
,
but
also
in
the
world
,
who
have
heard
this
affair
,
do
,
at
this
day
,
sufficiently
understand
its
rise
,
procedure
,
issue
,
and
tendency
,
with
all
the
just
consideration
,
that
either
oppressed
innocence
,
abused
justice
,
or
impotent
and
ill
contrived
malice
,
do
deserve
;
Yet
seeing
these
concerned
have
had
the
confidence
to
subject
their
Res
Judicata
to
an
unexpected
review
;
and
withall
,
the
equitie
to
leave
their
advantages
,
and
sist
themselves
on
even
ground
,
with
an
open
defiance
to
all
contradictors
,
and
fair
submission
to
the
common
sense
and
reason
of
mankind
:
I
thought
,
I
could
not
be
wanting
to
such
an
happy
opportunity
,
without
disappointing
so
generous
an
offer
,
deserting
my
good
Friend
the
Author
of
the
Mist
,
and
failing
of
the
second
,
and
principal
part
of
my
Trust
:
And
therefore
resolved
,
without
further
delay
,
to
give
the
following
sheets
their
long
desired
licence
:
Purposing
to
subjoyn
,
as
an
Appendix
,
any
further
animadversions
that
the
above-mentioned
Pamphlet
may
seem
to
deserve
.
ERRATA
.
PAg.
2.
L.
48.
Acts
,
r.
Oaths
.
p.
6.
l.
39.
Tursday
,
r.
Thursday
.
p.
8.
I.
9.
peased
,
r.
pleased
.
l.
20.
And
,
r.
But.
p.
40.
l.
24.
prositive
,
r.
positive
.
p.
41.
l.
38.
1667.
r.
1567.
p.
44.
l.
61.
ther
,
r
,
the.
p.
64.
l.
6.
King
,
r.
Kingdom
.
p.
66.
l.
48
▪
the
Earl's
hand
,
r.
the
Earl
of
Glencairn
(
first
Chancellour
after
His
Majesties
Return
)
his
hand
.
p.
76.
l.
2.
is
not
,
r.
as
not
.
p.
82.
l.
34.
yet
,
r.
et
.
p.
86.
l.
3.
Governour
,
r.
Deputy
Governour
.
p.
94.
l.
3.
I
have
considered
,
r.
I
have
not
considered
.
Edinburgh
;
30.
May
,
1682.
SIR
The
case
of
the
late
Earl
of
Argyl
,
which
,
even
before
the
Process
led
against
him
,
you
was
earnest
to
know
,
was
at
first
.
I
thought
,
so
plain
,
that
I
needed
not
,
and
grew
afterwards
so
exceedingly
mysterious
,
that
I
could
not
,
for
some
time
,
give
you
so
perfect
ane
accompt
of
it
,
as
I
wished
:
But
this
time
being
still
no
less
proper
,
the
exactness
of
mynarrative
will
,
I
hope
,
excuse
all
delays
.
The
design
against
him
being
now
so
clear
,
and
the
grounds
founded
on
so
slender
,
that
to
satisfie
all
unbyassed
Persons
of
his
integrity
,
there
needs
no
more
,
but
barely
to
represent
matter
of
fact
;
I
should
think
shame
to
spend
so
many
words
,
either
on
arguments
,
or
relation
,
were
it
not
lest
to
strangers
some
mystery
might
still
be
suspected
to
remain
concealed
:
And
therefore
to
make
plain
what
they
can
hardly
believe
,
though
we
clearly
see
it
.
At
His
Royal
Highness
arrival
in
Scotland
,
the
Earl
was
one
of
the
first
to
wait
upon
him
,
and
until
the
meeting
of
our
last
Parliament
,
the
world
believed
,
the
Earl
was
as
much
in
His
Highness
favour
,
as
any
intrusted
in
His
Majestie
's
affairs
,
in
this
Kingdom
.
When
it
was
resolved
,
and
His
Majestie
moved
to
call
the
Parliament
,
the
Earl
was
in
the
countrey
,
and
at
the
opening
of
it
,
he
appeared
as
forward
as
any
in
His
Majestie
's
,
and
His
Highness
service
,
but
it
had
not
fat
many
dayes
when
a
change
was
noticed
in
His
Highness
,
and
the
Earl
observed
to
decline
in
His
Highness
favour
.
In
the
beginning
of
the
Parliament
,
the
Earl
was
appointed
one
of
the
Lords
of
the
Articles
,
to
prepare
matters
for
the
Parliament
,
and
named
by
His
Highness
to
be
one
of
a
Committee
of
the
Articles
for
Religion
,
which
,
by
the
custom
of
all
Scots
Parliaments
,
and
His
Majestie
's
instructions
to
his
Commissioner
,
at
this
time
,
was
the
first
thing
treated
of
:
In
this
Committee
there
was
ane
Act
prepared
for
securing
the
Protestant
Religion
;
which
Act
did
ratify
the
Act
approving
the
Confession
of
Faith
,
and
also
the
Act
containing
the
Coronation
Oath
,
appointed
,
by
several
standing
Acts
of
Parliament
,
to
be
taken
by
all
our
Kings
,
&
Regents
,
before
their
entrie
to
the
exercise
of
the
Government
.
This
Act
was
drawn
somewhat
less
binding
upon
the
Successor
,
as
to
his
own
profession
;
But
full
as
strictly
tying
him
to
maintain
the
Protestant
Religion
,
in
the
publick
profession
thereof
,
and
to
put
the
Laws
concerning
it
in
execution
,
and
also
appointing
a
further
Test
,
beside
the
former
,
to
exclude
Papists
from
places
of
publick
trust
:
and
because
the
fines
of
such
as
should
act
,
without
taking
the
Test
,
appeared
no
better
then
discharged
,
if
falling
in
the
hands
of
a
Popish
Successor
,
and
some
accounting
any
limitation
worse
then
ane
exclusion
,
and
all
being
con●ent
to
put
no
limitation
on
the
Crown
,
so
it
might
consist
with
the
safety
and
security
of
the
Protestant
Religion
,
it
was
ordained
,
that
all
such
fines
,
and
forfaultures
should
appertain
the
one
half
to
the
informers
,
and
the
other
half
should
be
bestowed
on
pious
uses
,
according
to
certain
Rules
expressed
in
the
Act.
But
this
Act
,
being
no
wise
pleasing
to
some
,
it
was
laid
aside
,
and
the
Committee
discharged
any
more
to
meet
,
and
instead
of
this
Act
,
there
was
brought
in
to
the
Parliament
,
at
the
same
time
,
with
the
Act
of
succession
,
a
short
Act
,
ratifying
all
former
Acts
made
for
the
securitie
of
the
Protestant
Religion
,
which
is
the
first
of
the
printed
Acts
of
this
Parliament
.
At
the
passing
of
this
Act
the
Earl
proposed
that
these
words
,
And
all
Acts
against
Poperie
,
might
be
added
,
which
was
opposed
by
the
Advocat
,
and
some
of
the
Clergie
,
as
unnecessary
,
But
the
motion
being
seconded
by
Sir
George
Lockhart
,
and
the
then
President
of
the
Session
,
now
turned
out
,
it
was
yeelded
to
,
and
added
without
a
vote
,
and
this
Act
being
still
not
thought
sufficient
;
and
several
Members
desiring
other
additions
,
and
other
Acts
,
a
promise
was
made
by
His
Royal
Highness
,
in
open
Parliament
,
that
time
,
and
opportunity
should
be
given
,
to
bring
in
any
other
Act
,
which
should
be
thought
necessary
for
further
securing
the
Protestant
Religion
:
But
though
several
persons
,
both
befor
and
after
passing
the
Act
for
the
Test
(
here
subjoyned
)
did
give
in
memorials
,
and
overtures
,
yet
they
were
never
suffered
to
be
read
,
either
in
Articles
,
or
Parliament
,
but
in
place
of
all
,
this
Act
for
the
Test
was
still
obtruded
,
and
nothing
of
that
nature
suffered
to
be
heard
,
after
once
that
Act
past
,
though
even
at
passing
it
the
promise
was
renewed
.
As
for
the
Test
,
it
was
first
brought
into
the
Parliament
without
mentioning
the
Confession
of
Faith
,
and
,
after
several
hours
debate
,
for
adding
the
Confession
of
Faith
,
and
many
other
additions
,
and
alterations
,
it
was
past
at
the
first
presenting
,
albeit
it
was
earnestly
prest
,
by
near
half
the
Parliament
,
that
it
might
be
delayed
till
nixt
morning
,
the
draught
being
so
much
changed
and
interlined
,
that
many
,
even
of
the
most
engaged
in
the
debate
,
did
not
sufficiently
understand
it
,
and
though
they
took
notes
knew
not
precisely
how
it
stood
.
And
this
was
indeed
the
Earls
case
in
particular
,
and
the
cause
why
,
in
voting
,
he
did
forbear
either
to
approve
or
disapprove
.
His
part
in
the
debate
was
,
that
,
in
the
entrie
of
it
,
he
said
,
that
he
thought
,
as
few
Oaths
should
be
required
,
as
could
be
,
and
these
as
short
and
clear
as
possible
:
That
it
was
his
humble
opi●ion
,
that
a
very
small
alteration
in
these
Acts
,
which
had
been
used
,
these
twentie
years
,
might
serve
,
for
it
was
manifest
,
and
he
attested
the
whole
Parliament
upon
it
,
That
the
Oath
of
allegiance
,
and
Declaration
had
effectually
debarred
all
Fanaticks
from
getting
into
places
of
trust
,
all
that
time
:
It
was
true
some
Papists
had
swallowed
the
Oath
of
allegiance
,
and
therefore
a
word
or
two
only
of
addition
,
to
guard
against
them
,
was
all
he
judged
necessary
.
And
there
after
where
in
the
close
of
the
Act
,
The
Kings
Sons
,
&
Brothers
,
were
intended
to
be
dispensed
with
from
taking
the
Test
,
He
opposed
the
exception
,
&
said
,
it
was
our
happiness
that
King
,
&
people
were
of
one
Religion
,
and
that
they
were
so
by
Law
:
That
he
hoped
the
Parliament
would
doe
nothing
to
loose
what
was
fast
,
nor
open
a
gap
for
the
Royal
Family
,
to
differ
in
Religion
,
their
example
was
of
great
consequence
,
one
of
them
was
as
a
thousand
,
and
would
draw
the
more
followers
,
if
once
it
appeared
to
the
people
,
that
it
were
honourable
,
and
a
priviledge
to
be
of
an
other
Religion
:
And
therefor
he
wished
,
if
any
exception
were
,
it
might
be
particular
for
his
Royal
Hs
;
but
His
Hs
himselfe
opposing
this
,
the
Earl
concluded
with
his
fear
,
that
if
this
exception
did
pass
it
would
doe
more
hurt
to
the
Protestant
Religion
then
all
the
rest
of
that
Act
,
and
many
other
Acts
could
doe
good
.
Whilst
these
Acts
,
about
Religion
,
were
in
agitation
,
his
Hs
told
the
Earl
one
day
in
privat
,
to
beware
of
himselfe
,
for
the
Earl
of
Erroll
▪
and
others
were
to
give
in
a
bill
to
the
Parliament
,
to
get
him
made
liable
to
some
debts
they
pretended
to
be
cautioners
in
for
his
Father
,
and
that
those
that
were
most
forward
in
His
Majesties
service
must
be
had
a
care
of
:
The
Earl
said
He
knew
there
was
no
ground
for
any
such
bill
,
and
he
hoped
neither
the
Earl
of
Errol
,
nor
any
other
should
have
any
advantage
of
him
,
upon
any
head
relating
to
His
Majesties
service
.
His
Highness
told
others
likewise
,
he
had
given
the
Earl
good
advice
.
But
shortly
after
the
above
mentioned
debates
,
there
were
two
bills
given
in
to
the
meeting
of
the
Articles
,
against
the
Earl
,
one
by
the
Earl
of
Errol
,
the
other
by
His
Majesties
advocat
,
who
alledged
he
did
it
by
command
,
for
otherwise
he
acknowledged
it
was
without
his
line
.
The
Earl
of
Erroll's
clame
was
,
that
the
Earl
of
Argyl
might
be
declared
liable
to
releeve
him
,
and
others
,
of
a
debt
,
wherein
,
they
alleadged
,
they
stood
bound
as
cautioners
,
for
the
late
Marques
of
Argyll
,
the
Earl's
Father
,
To
which
the
Earl
answered
,
that
he
had
not
got
his
Fathers
whole
estate
,
but
only
a
part
of
it
,
and
that
expresly
burdened
with
all
the
debts
,
he
was
liable
to
pay
,
whereof
this
pretended
debt
was
none
,
and
that
the
Marquess
of
Huntlie
,
who
at
that
time
was
owing
to
the
Marquess
of
Argyl
35000.
l.
s●erl
.
had
got
4000
l.
sterl.
of
yearly
rent
,
out
of
the
Marques
of
Argyll's
forsaulture
,
without
the
burden
of
any
debt
;
so
that
both
by
Law
,
and
equity
,
the
Earl
could
not
be
liable
,
the
Marquess
of
Huntlie
,
and
not
he
,
having
got
that
which
should
bear
this
releefe
,
and
which
should
indeed
have
payed
the
far
greatest
part
of
the
Marques
of
Argyll's
debt
,
the
same
having
been
undertaken
for
Huntlie
by
Argyll
,
either
as
cautioner
for
Huntlie
,
or
to
raise
money
to
pay
his
debt
;
Besides
that
the
Earl
of
Erroll
can
never
make
it
appear
,
that
he
,
or
his
predecessors
were
bound
,
for
the
Marques
of
Argyll
in
the
third
part
of
the
summes
he
acclaimes
:
Yet
some
were
much
inclined
to
beleive
Erroll
on
his
bare
assertion
.
His
Majestie
's
Advocat's
clame
was
,
to
take
from
the
Earl
his
heritable
offices
of
Sheriffe
&c.
especially
that
Argyll-Shire
,
the
●sles
,
and
other
places
,
which
last
is
nevertheless
only
a
part
of
the
generall
Justitiarie
of
all
Scotland
,
granted
to
his
Predecessors
,
some
hundred
of
years
agoe
,
for
honourable
,
and
onerous
causes
,
and
constantly
enjoyed
by
them
until
expresly
surrendered
,
in
his
late
Majesties
hands
,
for
a
new
grant
of
the
above
mentioned
Justitiary
of
Argyl
&c
:
And
this
new
grant
was
also
confirmed
by
many
Acts
of
Parliament
,
and
particularly
by
his
Majesties
Royall
Father
,
of
blissed
memorie
,
in
the
Parliament
holden
by
him
Anno
1633.
as
likewise
by
his
Majestie
that
now
is
(
whom
God
long
preserve
)
his
new
Gift
and
Chartour
,
after
several
Debates
before
him
in
Anno
1663.
and
1672.
which
new
Gifts
and
Chartours
were
again
ratified
by
a
special
instruction
from
His
Majestie
in
the
Parliament
1672.
So
that
albeit
several
late
Gifts
of
Regalitie
granted
to
the
Marqueis
of
Athol
,
Marqueis
of
Queensberrie
,
and
others
,
may
be
questioned
,
because
granted
since
the
Acts
of
Parliament
discharging
all
such
Gifts
in
time
coming
,
yet
the
Earl
of
Argyl's
rights
are
good
,
as
being
both
of
a
far
different
nature
,
and
granted
long
before
the
said
Acts
of
Parliament
,
and
in
effect
the
Earl
his
rights
are
rather
confirmed
by
these
prohibitive
Acts
,
because
both
anterior
to
,
and
excepted
from
them
,
as
appears
by
the
Act
Salvo
Iure
1633.
wherein
the
Earls
rights
are
particularly
and
fully
excepted
in
the
body
of
the
printed
Act.
When
these
things
appeared
so
plain
as
not
to
be
answered
.
It
was
alledged
that
upon
the
fo●faulture
of
the
late
Marqueis
of
Argyl
,
his
Estate
was
annexed
to
the
Croun
,
and
so
could
not
be
gifted
to
the
Earl
by
His
Majestie
,
(
wherein
they
soon
discovered
a
design
to
forfault
him
,
if
any
pretence
could
be
found
)
But
the
Act
of
Forfaulture
being
read
,
and
containing
no
such
thing
,
but
on
the
contrary
a
clear
power
left
to
His
Majestie
to
dispose
of
the
whole
,
and
the
Earl
telling
them
plainly
,
that
these
that
were
most
active
to
have
his
Father
forfaulted
,
were
very
far
from
desiring
his
Estate
to
be
annexed
to
the
Croun
,
seeing
it
was
in
expectation
of
Gifts
out
of
it
they
were
so
diligent
,
that
pretence
of
the
annexation
was
past
from
,
but
yet
the
designe
was
nowise
given
over
,
for
there
was
a
proposition
made
,
and
a
vote
caried
in
the
Articles
,
that
a
Committee
should
be
appointed
,
with
Parliamentary
power
,
to
meet
in
the
intervals
of
Parliament
,
to
determine
all
controversies
could
be
moved
against
any
of
the
Earls
rights
;
Which
was
a
very
extraordinary
device
,
and
plainly
caried
by
extraordinary
influences
.
Upon
this
the
Earl
applyed
to
the
Parliament
,
where
this
vote
was
to
be
brought
,
and
having
informed
the
members
of
his
right
,
and
the
consequences
of
such
a
new
Judicature
,
he
had
good
hope
to
get
the
vote
ranversed
,
when
his
Royal
Hs
on
second
thoughts
judged
it
fit
to
put
a
stop
to
it
,
and
excused
himselfe
,
saying
,
it
was
his
not
being
acquaint
,
and
but
lately
in
affairs
,
had
made
him
go
along
with
it
,
for
he
found
it
did
plainly
impugn
His
Majesties
prerogative
,
and
might
be
of
ill
consequence
,
and
indeed
it
is
plain
enough
.
It
would
have
exposed
the
Marqueis
of
Huntli'es
gift
,
which
proceeded
on
the
same
forfaulture
,
as
well
as
the
Earl
of
Argyls
,
to
the
same
,
and
far
greater
hazard
,
as
some
came
to
be
sensible
,
when
they
heard
all
.
You
see
here
at
what
rate
the
Earl
was
pursued
,
and
on
what
grounds
,
before
his
taking
of
the
Test
came
in
hand
.
After
the
Parliament
was
adjurned
,
there
was
a
new
design
to
apply
to
His
Majestie
for
a
Commission
,
of
the
same
nature
,
for
reviewing
all
the
Earls
rights
,
and
to
deprive
him
of
his
heritable
offices
,
and
,
if
possible
,
to
burden
him
with
more
debts
then
his
Estate
was
worth
.
Upon
which
,
the
Earl
waited
on
his
Highness
,
and
informed
him
more
particularly
,
offering
to
make
it
appear
,
by
unquestionable
rights
and
evidences
,
That
his
Estate
was
not
subject
to
any
such
review
,
as
was
intended
,
And
that
it
might
breed
the
Earle
great
trouble
,
but
could
have
no
effect
in
Law
.
To
which
his
Highness
answered
,
That
a
review
could
do
no
hurt
:
The
Earl
said
,
If
a
commission
for
a
review
were
granted
,
some
thing
must
be
intended
,
and
some
thing
must
be
done
,
and
it
was
very
like
that
some
of
these
put
into
such
a
commission
would
be
his
enemies
,
at
least
small
friends
,
and
therefore
intreated
that
if
any
intended
to
quarrel
his
rights
,
they
and
he
and
all
their
debates
might
be
remitted
to
the
Ordinary
Iudicatories
:
And
indeed
he
had
reason
,
to
desire
,
it
might
be
so
,
the
Ordinary
Iudicatories
being
established
by
the
ancient
Laws
of
the
Kingdom
,
not
in
order
,
or
with
respect
to
particular
causes
,
and
persons
,
but
for
the
general
,
equal
and
impartial
administration
of
Justice
to
all
,
Whereas
the
granting
particular
Commissions
,
for
trying
and
judging
such
and
such
cases
,
and
persons
,
cannot
but
expose
to
the
just
contrary
inconveniences
,
there
being
certainly
a
vast
difference
betwixt
a
mans
finding
a
judge
indifferently
constitut
,
and
his
having
one
expresly
and
particularly
appointed
,
for
his
single
affair
,
who
might
possibly
think
himself
commissionat
,
rather
to
serve
a
turn
,
in
ane
arbitrary
way
,
then
to
administer
fair
Justice
:
but
all
this
prevailed
not
,
Only
his
Highness
said
,
The
commission
should
not
be
expede
untill
the
Earl
knew
the
names
of
the
Persons
insert
in
it
:
Whereunto
the
Earl
answered
,
That
their
might
be
many
Persons
,
against
whom
he
could
make
no
legal
exception
,
whom
yet
he
might
have
very
good
reason
to
decline
to
be
his
particular
judges
,
and
to
have
his
rights
taken
from
the
ordinary
Judges
,
and
committed
to
their
examination
,
and
all
he
might
possibly
gain
by
excepting
would
be
to
irritat
:
Adding
that
as
to
his
heritable
offices
,
he
had
undoubtedly
right
to
them
,
and
they
were
rather
honourable
,
then
of
advantage
,
that
his
family
had
them
for
faithful
services
to
the
Crown
;
and
because
they
had
served
more
faithfully
then
their
Neighbours
,
and
been
more
useful
then
others
,
in
keeping
the
Countrey
in
peace
,
from
Thieves
and
Robbers
,
therefore
all
the
broken
men
and
their
patrons
,
were
enemies
to
him
,
and
his
family
,
and
desirous
to
have
these
offices
out
of
his
hands
,
but
he
resolved
to
doe
as
he
had
alwise
done
,
to
put
himself
in
His
Majest
▪
will
,
and
if
His
Majest.
were
resolved
to
have
back
all
heritable
offices
,
and
should
think
fit
after
hearing
him
to
have
back
his
,
His
Majestie
should
have
them
,
either
freely
,
or
for
a
just
value
:
For
though
,
they
rendered
the
Earl
no
free
yearly
rent
,
as
the
Earl
used
them
,
yet
he
might
be
a
sufferer
in
the
want
of
them
,
if
the
Country
were
left
open
to
Thieves
and
Robbers
,
which
he
hoped
His
Majestie
would
repair
.
His
rights
(
as
he
had
said
in
Parliament
)
were
unquestionable
,
and
oftentimes
confirmed
;
Yet
he
was
willing
to
surrender
them
all
on
his
knee
to
His
Majestie
,
but
was
not
willing
to
have
them
●orn
from
him
with
ane
affront
by
any
other
.
Upon
this
his
Highness
was
pleased
,
to
allow
the
Earl
a
time
,
to
go
to
the
Country
,
to
bring
his
Papers
,
and
he
was
put
in
hopes
no
Commission
should
passe
till
his
return
,
which
was
indeed
observed
.
In
the
mean
time
,
the
Earl
did
write
to
the
Earl
of
Murray
,
His
Majest.
Secretary
,
that
he
might
have
leave
,
to
wait
upon
His
Majesty
,
which
His
Majesty
did
graciously
and
readily
grant
;
The
Earl
purposing
,
at
his
return
to
Edinburgh
,
to
beg
the
same
favour
of
His
Highness
:
But
he
found
this
motion
more
fatal
to
him
then
he
could
have
at
first
expected
so
innocent
a
design
could
prove
:
For
it
was
at
first
told
him
,
he
could
not
have
access
to
kiss
His
Majesty's
hand
without
taking
the
Test
;
then
it
dropt
out
that
it
was
ill
taken
,
His
Majesty
was
at
all
addressed
to
,
for
leeve
to
kiss
his
hand
:
And
at
length
it
became
plain
that
takeing
the
Test
would
not
clear
the
way
.
As
the
Earl
was
on
his
return
to
Edinburgh
,
to
wait
upon
His
Highness
,
and
come
the
length
of
Glasgow
,
he
got
the
news
,
that
the
late
President
of
the
Session
,
and
He
,
were
both
turned
out
of
it
,
and
at
his
arrival
at
Edinburgh
,
several
meetings
of
Council
were
appointed
only
to
occasion
his
takeing
of
the
Test
:
But
the
Earl
having
gone
some
miles
out
of
town
,
was
not
present
.
At
last
a
meeting
of
the
Council
was
appointed
expresly
,
and
one
of
the
clerks
ordered
to
warn
the
Earl
particularly
to
be
present
;
whereof
the
Earl
being
advertised
before
the
clerk
came
to
him
,
he
waited
on
His
Highness
,
and
had
the
honour
of
ane
opportunity
after
supper
to
speak
to
His
Royall
Highness
,
in
his
bed
chamber
:
The
Earl
told
His
Highness
,
he
was
now
returned
,
to
make
good
his
word
,
and
to
shew
those
writts
and
rights
he
had
promised
:
But
Sir
(
said
the
Earl
)
I
haveheard
by
the
way
of
alterations
,
and
that
I
am
turn'd
out
of
the
Session
:
His
Highness
said
,
it
was
so
:
The
Earl
asked
what
nixt
?
His
Highness
said
,
he
knew
no
more
.
The
Earl
said
he
had
never
sought
that
,
nor
any
place
,
and
he
knew
that
place
was
at
His
Maj.
dispose
,
and
it
might
soon
be
better
filled
:
But
said
the
Earl
,
if
it
be
to
express
a
frown
,
it
is
the
first
I
have
had
from
His
Majesty
,
thir
thirty
years
;
I
know
I
have
enemies
,
but
they
shall
never
make
me
alter
my
duetie
,
and
resolution
to
serve
His
Majesty
;
I
have
served
His
Majesty
in
armes
,
and
in
his
judicatures
,
when
I
knew
I
had
enemies
on
my
right
hand
,
and
on
my
left
,
and
I
will
doe
so
still
,
But
if
any
have
power
,
to
render
His
Majesty
or
your
highness
jealous
of
me
,
it
will
make
my
service
the
more
useless
to
both
,
and
the
less
comfortable
to
my selfe
:
His
Highness
said
he
knew
no
more
then
what
he
had
said
;
the
Earl
then
said
,
it
was
late
,
and
he
would
wait
on
His
Highnesse
,
some
other
time
,
about
these
matters
:
But
the
thing
that
at
present
presses
(
Sayes
the
Earle
)
is
,
That
I
hear
one
of
the
Clerks
of
Council
is
appointed
to
tell
me
to
be
at
the
Council
,
to
morrow
,
I
conceave
,
to
take
the
Test
;
Pray
,
what
is
the
haste
?
may
not
I
,
with
Your
Highnesses
favour
,
have
the
time
allowed
by
the
Act
of
Parliament
?
His
Highnesse
said
,
No.
The
Earl
urged
it
again
,
but
in
vain
:
And
all
the
delay
,
he
could
obtain
,
was
till
tursday
the
third
of
November
,
the
nixt
Council
day
in
course
.
The
Earl
said
he
was
the
less
fond
of
the
Test
,
that
he
found
,
that
some
that
refused
it
were
still
in
favour
,
and
others
that
had
taken
it
turned
out
,
as
the
Register
,
At
which
His
Highnesse
only
laught
:
But
Sir
,
[
said
the
Earl
,
]
how
comes
your
Highnesse
to
press
the
Test
so
hastily
?
Sure
there
are
some
things
in
it
Your
Highnesse
doth
not
over
much
like
:
Then
said
His
Highnesse
,
angrily
,
and
in
a
passion
most
true
,
that
Test
was
brought
into
the
Parliament
,
without
the
Confession
of
Faith
:
But
the
late
President
caused
put
in
the
Confession
,
which
makes
it
such
as
no
honest
man
can
take
it
:
The
Earl
said
he
had
the
more
reason
to
advise
:
Whereby
you
may
see
,
whether
His
Highness
then
thought
,
the
Confession
was
to
be
sworn
to
in
the
Test
,
●or
not
.
After
this
the
Earl
waited
several
times
on
His
Highness
,
and
made
new
attempts
for
the
favour
of
a
delay
,
but
with
no
successe
:
What
passed
in
Privat
,
shall
not
be
repeated
,
except
so
far
as
is
absolutly
necessary
to
evince
the
Earl
his
innocency
,
and
to
shew
that
in
what
he
did
he
had
no
ill
design
,
nor
did
,
in
the
least
prevaricat
,
or
give
any
offence
willingly
,
but
was
ready
to
comply
,
as
far
as
he
could
,
with
a
good
conscience
:
It
was
in
this
interval
,
that
the
Earl
spoke
with
the
Bishop
of
Edinburgh
,
&
saw
his
Vindication
of
the
Test
,
and
all
the
Explanations
I
here
send
yow
,
only
the
Councils
explanation
was
not
yet
thought
on
:
And
that
all
the
Bishop
did
then
urge
the
Earl
with
,
beyond
what
is
in
his
Vindication
,
was
to
have
a
care
of
a
noble
Family
,
and
to
tell
him
,
that
the
opposing
the
exception
of
the
Kings
Sons
,
and
Brothers
,
from
taking
the
Test
,
had
fired
the
kiln
.
At
the
last
upon
Wednesday
,
the
second
of
November
,
late
,
the
Earl
waited
on
his
Highness
,
and
did
in
the
most
humble
,
and
easie
expressions
he
could
devise
,
decline
the
present
taking
of
the
Test
;
But
if
h〈…〉
H●
would
needs
have
a
present
answer
,
he
beg'd
his
favour
,
that
he
would
accept
of
his
refusing
it
in
privat
,
which
was
denied
again
:
Then
,
he
said
,
if
his
Highness
would
allow
him
time
,
to
goe
home
,
and
consider
,
he
would
,
either
give
satisfaction
,
or
the
time
prescribed
by
the
Act
of
Parliament
would
elapse
,
and
so
he
would
go
off
in
Course
,
and
without
noise
:
But
this
also
His
Highness
absolutly
refused
:
Upon
which
the
Earl
asked
what
good
his
appearing
in
Council
,
to
refuse
there
,
would
doe
?
His
Highness
was
pleased
to
answer
,
that
he
needed
not
appear
,
but
to
imploy
some
friend
,
to
speak
for
him
;
And
His
Highness
himselfe
named
one
;
this
the
Earl
yielded
to
,
as
the
best
of
a
bad
choice
,
and
said
,
he
should
either
use
the
person
named
by
His
Highness
,
or
some
other
relation
that
were
a
Councellor
,
and
in
toun
:
And
,
in
compliance
with
his
Highness
pleasure
▪
the
nixt
morning
,
the
Earl
drew
a
letter
,
for
a
warrand
to
the
same
Person
his
H●
had
named
,
for
declaring
his
mind
in
Council
;
wherein
he
exprest
his
constant
resolution
to
continue
a
true
Protestant
,
and
Loyal
Subject
,
which
were
the
true
ends
of
the
Test
;
But
the
letter
concluding
on
a
delay
of
taking
the
Oath
,
and
his
Highness
having
given
some
indication
,
how
litle
pleasing
that
office
was
to
him
,
neither
that
friend
,
nor
any
other
would
,
by
any
means
,
accept
of
it
.
Upon
this
the
Earl
drew
a
second
,
and
shorter
letter
,
to
any
that
should
that
day
Preside
in
Council
;
but
after
much
discourse
,
it
being
suggested
,
that
an
explanation
would
be
allowed
,
and
the
shorter
the
better
,
the
Earl
first
drew
one
,
suitable
to
his
own
thoughts
;
and
it
being
thought
too
long
,
did
instantly
shorten
it
,
and
put
it
into
his
pocket
,
but
withall
said
he
would
not
offer
it
,
till
he
knew
His
Highness
pleasure
,
lest
his
Highness
might
take
it
ill
that
any
had
prevailed
more
with
him
,
then
himselfe
;
and
therefore
the
Earl
did
refuse
to
go
to
the
Council
,
or
out
of
his
chamber
,
till
he
had
his
approbation
.
A
litle
after
a
coatch
was
sent
for
the
Earl
,
and
it
was
told
him
,
in
the
room
without
the
Council
chamber
,
that
the
Bishop
of
Edinburgh
had
spoke
to
His
Highness
,
and
signified
to
him
,
that
the
Earl
was
willing
to
take
the
Test
,
with
an
Explanation
,
and
that
the
Bishop
said
,
it
would
be
very
kindly
accepted
:
These
were
the
express
words
,
and
then
(
and
not
till
then
)
the
Earl
went
in
to
the
Council
,
and
delivered
(
that
is
pronounced
)
his
Explanation
closs
by
His
Highness
,
and
directly
towards
him
;
so
loud
,
and
audible
,
that
some
in
the
furthest
corner
of
the
room
acknowledged
they
heard
it
:
Whereupon
the
Oath
was
administred
,
and
the
Earl
took
it
;
and
His
Highness
with
a
well
satisfied
Countenance
,
and
the
honour
of
a
smile
,
Commanded
him
to
take
his
place
:
And
while
he
sat
by
His
Highness
(
which
was
his
honour
to
do
that
day
)
His
Highness
spake
several
times
privatly
to
him
,
and
alwise
very
pleasantly
.
And
the
Earl
hath
since
protested
to
his
freinds
,
that
he
thinks
his
Highness
was
,
at
the
time
,
well
peased
,
though
some
others
,
that
wisht
the
Earl
out
of
the
Council
,
appeared
surprised
,
and
in
some
confusion
.
The
first
thing
came
to
be
treated
of
in
Council
,
after
the
Earl
had
taken
his
seat
,
was
the
Concils
Explanation
,
at
that
time
intended
,
and
resolved
to
be
allowed
to
the
Clergie
only
,
and
no
other
,
and
withall
not
to
be
printed
:
To
which
the
Earl
refused
to
vote
,
which
was
afterwards
made
a
ground
of
challenge
:
A
little
after
,
it
being
the
post
night
,
The
Earl
slept
out
,
and
went
to
his
lodging
,
and
though
he
acknowledges
,
he
did
not
decline
to
give
some
friends
ane
accompt
of
what
had
past
,
vet
he
was
so
far
from
spreading
copies
of
his
Explanation
,
at
takeing
the
Oath
;
That
he
flatly
refused
to
give
a
kind
,
and
discreet
friend
,
then
in
his
chamber
,
a
copie
of
it
,
lest
it
might
go
abroad
:
And
the
words
being
few
,
and
publictly
spoke
,
it
is
not
strange
they
might
be
,
almost
perfectly
,
repeated
,
as
,
it
s
known
,
the
Clerks
pretended
to
do
,
but
the
Kings
Advocat
having
past
from
the
accusation
of
Spreading
,
this
is
only
mentioned
to
evidence
howsingly
studious
the
Earl
was
to
satisfie
his
own
conscience
,
and
how
tender
of
giving
offence
,
for
I
can
say
truly
for
him
,
he
was
never
heard
to
disswade
any
to
take
the
Test
,
nor
to
disparage
it
,
after
it
past
in
an
Act
;
Only
he
refused
to
take
it
himselfe
,
without
ane
Explanation
,
which
to
stretch
to
a
crime
is
beyond
all
example
:
I
confess
,
he
never
cry'd
it
up
as
superexcellent
,
or
divine
,
as
some
have
done
that
can
alter
their
toon
,
and
decry
it
as
much
,
when
ever
there
shall
be
occasion
.
Nixt
morning
the
Earl
waited
on
His
Highness
,
expecting
yesternights
countenance
,
and
indeed
nothing
lesse
then
what
he
met
with
;
for
begining
to
speak
with
His
Highness
in
privat
,
his
Highness
interrupted
him
,
and
said
he
was
not
pleased
with
his
explanation
:
The
Earl
said
,
he
did
not
presume
to
give
it
till
his
Highness
allowed
him
:
His
Highness
acknowledged
,
that
the
Bishop
of
Edinburgh
had
told
him
,
that
the
Earl
intended
ane
explanation
:
But
(
sayes
His
Highness
)
I
thought
it
had
been
some
short
one
,
like
Earl
Queesburries
:
The
Earl
answered
that
his
Highness
heard
what
he
said
:
His
Highness
said
,
he
did
,
but
he
was
surprised
:
Then
the
Earl
said
,
he
had
said
the
same
thing
,
in
privat
,
to
his
Highness
,
wherewith
he
,
at
that
time
,
appeared
satisfied
:
And
the
Earl
being
about
to
say
more
,
in
his
own
vindication
,
his
Highness
interrupting
him
said
,
well
it
is
past
with
yow
,
but
it
shall
pass
so
with
no
other
,
which
words
,
the
Earl
thought
,
did
both
confirm
the
Councils
acceptance
,
and
his
explanation
,
and
sufficiently
clear
him
of
all
offence
,
if
he
had
incurred
any
.
And
whatever
hath
been
his
Highness
resolution
,
or
the
Earl's
misfortune
since
,
the
Earl
is
perswaded
,
that
his
Highness
was
resolved
,
then
,
to
presse
the
affair
no
further
:
For
though
some
had
still
the
same
animosities
,
and
prejudices
,
against
the
Earl
,
yet
hitherto
,
they
had
not
adventured
,
to
undertake
,
to
extract
,
and
forge
such
crimes
,
out
of
his
words
as
afterwards
they
did
:
And
it
was
not
,
till
privat
suggestions
were
made
,
that
Advocats
were
asked
(
as
they
were
)
if
these
words
could
be
stretched
to
treason
;
and
that
(
when
the
ablest
denyed
)
the
Kings
Advocat
complyed
,
and
was
ordered
to
draw
the
inditement
,
and
some
judges
were
engaged
,
and
secured
about
it
,
as
will
appear
,
when
ever
his
Majesty
thinks
it
his
interest
,
to
take
ane
exact
triall
of
that
whole
affair
.
The
Earl
did
think
(
as
I
just
now
said
,
)
his
Highness
saying
,
it
was
past
as
to
him
,
was
enough
;
and
he
was
resolved
to
say
no
more
for
justifying
himselfe
;
but
seing
he
is
so
hardly
pressed
,
and
his
life
,
and
honour
at
the
stake
,
it
is
hoped
his
Highness
will
not
disown
what
the
Earl
hath
hitherto
so
respectfully
concealed
;
and
is
now
no
less
necessary
to
be
spoke
out
,
for
his
vindication
.
And
that
is
,
that
besids
that
his
Highness
did
allow
the
Earl
to
explain
,
and
did
hear
his
explanation
,
in
Council
,
and
approve
it
:
The
Earl
did
twice
in
privat
,
once
before
,
and
once
after
his
Oath
in
Council
,
repeat
,
to
his
Highness
,
the
same
words
,
that
the
treason
is
now
founded
on
:
(
viz.
)
That
the
Earl
meant
not
to
bind
up
himself
,
to
wish
,
and
endeavour
,
in
a
Lawfulway
,
and
in
his
station
any
alteration
,
he
thought
to
the
advantage
of
Church
,
and
state
,
not
repugnant
to
the
Protestant
Religion
,
and
his
Loyalty
:
and
that
His
Highness
was
so
far
from
charging
them
with
treason
,
that
he
said
,
plainly
,
both
times
,
the
Earl's
scruples
were
unnecessary
,
and
that
the
Test
did
not
bind
him
up
,
as
he
imagined
:
adding
further
,
the
last
time
,
that
the
Earl
had
cheated
himself
,
for
notwithstanding
the
explanation
,
he
had
taken
the
Test.
To
which
the
Earl
only
answered
,
that
then
His
Highness
should
be
satisfied
.
Now
,
after
all
this
,
that
treason
should
be
so
earnestly
searched
for
,
and
so
groundlesly
found
,
in
those
words
,
Is
it
not
strange
beyond
all
example
?
could
it
be
treason
,
for
the
Earl
to
say
,
he
wil
not
bind
up
himself
where
His
Highness
sayes
so
oft
,
and
so
plainly
,
it
was
not
intended
,
that
he
,
or
any
man
,
should
be
bound
up
?
What
past
,
the
nixt
day
,
after
the
Earl
had
taken
the
Test
,
and
was
receaved
by
the
Council
,
is
also
proper
for
you
to
know
.
The
Earl
,
being
to
take
it
as
one
of
the
Commissioners
of
the
Treasury
,
it
was
commonly
thought
,
that
he
,
and
the
other
Commissioners
were
to
take
it
in
the
Exchequer
:
but
after
ten
of
the
clock
,
about
two
hours
after
the
Earl
had
parted
from
His
Highness
,
one
told
him
,
there
was
a
design
upon
him
,
to
make
him
swear
once
more
befor
the
Council
:
and
accordingly
,
at
twelve
,
there
was
an
extraordinary
Council
called
in
the
Abbay
,
and
there
it
was
found
,
That
the
Commissioners
of
Treasury
,
as
officers
of
the
Croun
,
were
to
take
the
Test
,
before
the
Council
;
and
it
was
told
the
Earl
,
that
the
Exchequer
could
not
,
that
day
,
sit
without
him
;
And
,
to
make
the
matter
more
solemn
,
It
was
resolved
,
that
the
Council
should
meet
that
after
noon
,
and
that
His
Highness
should
be
present
:
So
as
soon
as
they
were
mett
,
the
Oath
was
tendered
,
and
the
Earl
offering
to
take
it
,
and
saying
only
these
words
,
as
before
,
The
Earl
of
Roxburgh
,
never
heard
to
speak
in
Council
till
then
,
stood
up
behind
His
Highness
chair
,
and
with
Clamour
,
asked
what
was
said
:
To
whom
His
Highness
was
pleased
to
turn
,
and
inform
him
:
Upon
which
Roxburgh
,
prepared
for
the
purpose
,
desired
,
that
what
the
Earl
of
Argyll
had
said
,
the
day
before
,
might
be
repeated
:
Which
the
Earl
,
seing
a
design
upon
him
,
did
at
first
decline
;
till
he
was
peremptorily
put
to
it
by
His
Highness
,
and
he
being
ingenuous
,
and
thinking
no
course
more
proper
to
prevent
mistakes
of
words
.
He
said
,
he
had
a
note
of
what
he
had
said
,
in
his
pocket
,
which
His
Highness
called
for
,
very
earnestly
,
and
Commanded
him
to
produce
,
which
being
done
,
and
the
paper
read
,
so
secure
was
the
Earl
of
his
innocency
,
that
he
was
willing
,
upon
the
first
motion
,
to
sign
it
:
But
the
,
then
,
new
President
of
the
Session
,
now
Chancellour
,
and
the
new
Register
,
could
not
agree
,
whither
it
was
fit
,
or
not
,
the
treason
not
yet
appearing
,
when
read
in
Council
,
as
when
they
had
talked
of
it
,
in
privat
:
So
the
Earl
was
removed
,
and
then
called
in
,
and
after
these
two
had
wheted
,
and
adjusted
their
inventions
,
he
was
desired
positivly
to
sign
the
paper
,
he
had
given
in
.
To
which
he
answered
,
he
meant
well
,
and
truely
did
see
no
ill
in
the
paper
,
why
he
might
not
,
and
if
the
words
did
please
them
then
,
as
they
did
when
they
were
first
pronounced
,
he
would
do
it
:
But
,
if
they
found
the
least
matter
of
displeasure
in
them
he
would
forbear
:
Whereupon
being
again
removed
,
and
called
in
,
he
was
told
.
he
had
not
given
the
satisfaction
required
by
the
Act
of
Parliament
,
in
taking
the
Test
:
And
so
could
not
sit
in
the
Council
,
and
somewhat
more
was
added
,
as
if
the
matter
drew
deeper
,
but
the
particular
words
I
doe
not
know
:
To
which
the
Earl
said
,
that
he
judged
,
All
the
Parliament
meant
was
to
exclud
refusers
of
the
Test
from
places
of
trust
:
And
if
he
were
judged
a
refuser
,
he
submitted
,
but
could
conceave
no
greater
danger
in
the
matter
,
for
he
had
served
his
Majesty
faithfully
within
doors
,
and
was
resolved
to
doe
so
without
doors
,
and
so
he
made
his
obeisance
,
and
went
out
.
Nixt
morning
,
being
Saturday
November
5.
The
Earl
waited
on
his
Royall
Highness
,
and
,
amongst
other
things
,
told
his
Highness
,
he
was
strangely
surprised
,
that
the
saying
He
could
not
bind
up
himself
in
his
station
,
and
in
a
lawful
way
&c.
as
was
contained
in
that
paper
,
was
lookt
on
as
a
crime
,
●eing
he
had
said
the
same
words
to
his
Highness
formerly
,
in
privat
,
without
any
offence
,
to
which
His
Highness
gave
no
answer
,
but
held
his
peace
,
which
made
the
Earl
make
bold
,
to
put
him
to
remember
his
own
words
,
and
to
ask
him
,
what
he
had
said
,
when
the
Earl
formerly
spoke
to
him
:
Then
His
Highness
was
pleased
to
say
,
he
had
forgot
what
he
had
said
:
To
which
the
Earl
answered
,
the
worse
indeed
for
me
;
But
Sir
,
here
are
the
same
words
,
I
formerly
said
,
without
offence
,
what
sayes
your
Highness
now
?
What
ill
is
in
them
?
Let
me
know
&
I
will
vindicat
my selfe
.
And
all
his
Highness
at
this
second
time
said
,
was
,
what
hath
been
above
remarked
,
That
they
were
unnecessary
words
,
that
the
Earl
scrupled
needlesly
,
that
he
was
not
tyed
up
,
by
that
Oath
,
as
he
imagined
;
And
after
a
pause
added
,
As
I
have
already
told
you
;
Well
,
you
have
cheated
your self
,
you
have
taken
the
Test
:
To
which
the
Earl
replyed
,
he
hoped
then
his
Highness
was
satisfied
,
(
as
above
)
His
Highness
then
began
to
complain
,
that
the
Earl
,
the
litle
while
he
sat
in
Council
,
after
he
had
taken
the
Oath
,
had
not
gone
along
,
to
approve
the
Councils
explanation
:
The
Earl
said
he
had
not
heard
the
debate
:
And
therefore
,
it
was
reasonable
,
to
excuse
him
from
voting
.
His
Highness
returned
,
a
litle
warmly
,
that
the
Earl
knew
the
case
will
enough
(
which
indeed
was
not
unlike
,
and
yet
not
at
all
strange
,
that
the
Earl
could
not
vote
,
for
that
explanation
,
Seing
he
could
not
but
know
,
the
Parliament
did
intend
the
Confession
should
be
sworn
:
And
that
he
himselfe
had
taken
it
in
that
sense
,
as
all
others
had
done
,
before
that
explanation
past
in
Councill
)
but
the
Earl
replying
nothing
,
His
Highness
continued
,
That
the
Earl
,
and
others
,
had
designed
to
bring
trouble
upon
an
handfull
of
poor
Catholicks
,
that
would
live
peaceably
,
however
they
were
used
,
but
it
should
light
upon
others
.
A
litle
after
,
His
Highness
commanded
the
Earl
not
to
go
out
of
Town
,
till
he
waited
on
him
,
which
the
Earl
said
he
should
obey
:
But
notwithstanding
thereof
,
one
of
the
Clerks
of
the
Council
was
sent
to
the
Earl
,
that
same
night
,
late
,
to
intimat
to
him
,
not
to
go
out
of
Town
,
till
the
Council
should
sit
,
upon
the
Tuesday
thereafter
.
Upon
Moonday
,
the
seventh
of
November
,
the
Earle
waited
on
His
Highness
again
,
and
told
him
,
he
was
surprised
to
get
such
a
message
from
the
Council
,
after
his
Highness
had
laid
his
own
commands
upon
him
,
and
asked
what
the
Councils
meaning
could
be
:
his
Highness
was
pleased
to
say
,
he
knew
nothing
,
but
referred
all
to
themselves
,
at
their
meeting
.
Upon
Tuesday
,
the
8.
of
November
,
when
the
Council
met
,
without
ever
calling
the
Earl
,
ane
order
was
sent
to
him
,
by
one
of
their
Clerks
,
to
enter
himself
prisoner
in
the
Castle
of
Edinburgh
,
before
twelve
of
the
Clock
,
the
nixt
day
,
with
a
warrant
to
the
Deputie
Governour
,
to
keep
him
prisoner
,
wherein
the
word
Sure
-
firmance
was
struk
out
,
which
appeared
to
have
been
fairly
writ
:
This
order
the
Earl
receaved
,
and
obeyed
it
,
with
great
submission
,
entering
all
alone
in
ane
haikny
Coatch
:
And
when
some
of
his
relations
,
and
persons
of
quality
,
offered
to
go
along
with
him
,
he
refused
,
saying
,
that
if
he
were
pursued
at
the
instance
of
any
other
,
he
would
accept
of
their
civility
,
but
seing
he
was
pursued
,
at
the
instance
of
his
Majesties
Advocat
,
he
would
go
,
in
the
most
humble
way
that
he
could
think
on
,
and
have
no
body
concerned
but
himself
.
But
all
this
did
not
hinder
the
Council
,
to
write
to
his
Majesty
the
Letter
hereafter
insert
,
giving
judgment
,
before
trial
,
without
any
hearing
,
and
s●eking
leeve
to
proceed
to
a
process
,
which
they
likewise
proceeded
in
,
before
any
return
came
;
as
likewise
,
about
the
very
date
of
this
Letter
,
they
emitted
their
explanation
of
the
Test
:
Albeit
in
their
Letter
,
they
assert
,
That
they
had
been
very
careful
not
to
suffer
any
to
take
the
Test
with
glosses
and
explanations
.
The
Earl
,
some
dayes
after
his
entering
prisoner
into
the
Castle
of
Edinburgh
,
did
write
a
Letter
to
his
Royal
Highness
,
telling
him
,
that
he
had
obeyed
his
Highness
,
and
the
Councils
order
,
in
entering
prisoner
in
that
place
;
that
he
had
not
written
sooner
,
lest
he
might
be
thought
too
impatient
of
his
punishment
,
which
appeared
to
be
the
effects
of
an
high
displeasure
,
which
,
he
hoped
,
he
nowise
deserved
;
that
he
was
resolved
to
continue
in
all
duty
,
and
obedience
to
his
Majesty
,
and
his
R.
Highness
,
and
never
to
fail
in
any
profession
thereof
,
he
had
made
;
and
begged
to
know
,
what
satisfaction
was
expected
,
and
where
,
and
how
,
he
might
live
with
his
Highness
favour
.
This
Letter
,
at
first
,
seemed
to
please
,
and
,
the
Earl
heard
,
it
did
,
But
the
only
answer
,
directly
returned
,
was
Summonds
charging
the
Earl
,
with
leasing
making
,
and
depraving
of
Laws
,
before
any
return
from
His
Majestie
:
And
after
a
return
came
,
an
other
Sumonds
,
with
sound
of
trumpet
,
containing
perjury
,
and
treason
,
added
to
the
former
crimes
:
Notwithstanding
all
which
,
fair
weather
was
made
,
and
it
was
given
out
,
and
likewise
intimat
to
the
Earl
,
by
a
particular
message
,
from
one
of
the
Club
,
that
no
more
was
designed
,
but
to
humble
the
Earl
,
and
to
take
his
heritable
,
and
other
offices
from
him
,
and
his
family
:
and
when
his
Highness
was
told
it
was
hard
measure
,
by
such
a
process
,
and
on
such
pretensions
,
to
thereaten
life
,
and
fortune
,
his
Highness
said
,
life
,
and
fortune
?
God
forbid
.
What
happened
after
these
things
,
and
how
the
processe
was
carried
on
,
followes
now
in
order
:
and
for
your
more
clear
,
and
distinct
information
,
I
have
sent
you
,
several
,
very
necessary
and
useful
papers
,
with
indexes
on
the
margin
,
pointing
at
such
passages
,
as
more
remarkably
concern
this
affair
:
And
the
papers
are
.
-
I.
Act
Char.
2.
P.
3.
C.
6
,
Aug.
31.
1681.
Anent
Religion
,
and
the
Test.
-
II.
Act
I.
6.
P.
1.
C.
3.
Anno
1567.
Anent
the
annulling
of
the
Acts
of
Parliament
made
against
God's
Word
,
and
for
maintainance
of
Idolatry
,
in
any
times
by
past
.
-
III.
Act
I.
6.
P.
1.
C.
4.
Anno
1567.
The
Confession
of
the
Faith
,
and
Doctrine
,
&c.
-
IV.
Act
I.
6.
P.
1
C.
8.
Anno
1567.
Anent
the
Kings
Oath
to
be
given
at
his
Coronation
.
-
V.
Act
I
6.
P.
1.
C.
9.
No
Person
may
be
judge
,
Procurator
,
Notar
,
nor
member
of
Court
who
professeth
not
the
Religion
,
&c.
-
VI.
Part
of
the
Act
I.
6.
P.
2.
C.
5.
Anno
1609.
entituled
,
Act
against
Jesuits
,
seminary
Priests
,
sayers
,
or
hearers
of
Messe
,
Papists
,
and
receptors
of
them
.
-
VII
.
Act
I
:
6.
P
:
3.
C.
47.
Anno
1572.
Adversaries
of
the
true
Religion
are
not
Subjects
to
the
King
.
Of
Apostats
.
-
VIII
.
Act
Char.
2.
P.
2.
C
1.
16
Nov.
1669.
Act
asserting
his
Majesties
Supremacy
,
over
all
persons
,
and
in
all
causes
ecclesiastical
.
-
IX
.
The
Bishop
of
Aberdeens
explication
of
the
Test.
-
X.
The
explication
of
the
Test
by
the
Synod
,
and
Clergie
of
Perth
.
-
XI
.
Paraphrase
on
the
Test
:
-
XII
.
Grounds
wherupon
some
of
the
conform
Ministers
scruple
to
take
the
Test.
-
XIII
.
Sederunt
of
the
Council
22.
September
1681.
-
XIV
:
The
Earl
of
Queensberries
explanation
.
-
XV.
Sederunt
21
:
October
1681.
-
XVI
.
The
Bishop
of
Edinburgh's
paper
,
and
vindication
of
the
Test.
-
XVII
.
Sederunt
3
November
1681.
-
XVIII
.
Privy
Councils
explanation
.
-
XIX
.
Sederunt
4.
Nov.
1681.
-
XX.
The
Earl
of
Argyl's
explication
of
the
Test.
-
XXI
.
The
explanation
of
his
explication
.
-
XXII
,
The
Councils
Letter
to
the
King
.
-
XXIII
.
The
Kings
Answer
.
-
XXIV
,
The
inditement
.
-
XXV
.
Abstract
of
the
Acts
of
Parliament
,
whereupon
the
inditment
is
founded
.
-
XXVI
.
The
Earl
of
Argyl's
first
Petition
for
Advocats
.
-
XXVII
.
The
Councils
Answer
.
-
XXVIII
.
The
Earl
of
Argyl's
second
Petition
.
-
XXIX
.
The
Councils
Answer
.
-
XXX
.
The
Earl
of
Argyl's
Letter
of
Atturney
.
-
XXXI
.
Instrument
thereon
.
-
XXXII
.
Opinion
of
Lawyers
of
the
Earl's
Case
.
Which
Papers
may
give
you
much
light
in
this
whole
matter
.
An●
ACT
For
securing
the
Protestant
Religion
,
and
enjoyning
a
Test.
OUR
Soveraign
Lord
,
with
his
Estates
of
Parliament
considering
,
That
albeit
by
many
good
,
and
wholsom
Laws
,
made
by
his
Royal
Grandfather
,
and
Father
,
of
glorious
Memory
,
and
by
himself
,
in
this
,
and
the
other
Parliaments
,
since
his
happy
restauration
,
The
Protestant
Religion
is
carefully
asserted
,
established
,
and
secured
against
Popery
,
and
Fanaticisme
;
yet
the
restless
Adversaries
of
our
Religion
,
do
not
cease
to
propagate
their
errors
,
and
to
seduce
His
Majesties
Subjects
from
their
duty
to
God
,
and
loyalty
to
his
Vicegerent
;
and
to
overturn
the
established
Religion
,
by
introducing
their
superstitions
,
and
delusions
into
this
Church
and
Kingdom
.
And
knowing
,
that
nothing
can
more
encrease
the
numbers
,
and
confidence
of
Papists
,
and
Schismatical
Dissenters
from
the
established
Church
,
then
the
supine
neglect
of
putting
in
execution
the
good
Laws
provided
against
them
,
together
with
their
hopes
to
insinuate
themselves
into
Offices
,
and
places
of
trust
;
and
publick
employment
:
Therefore
His
Majesty
,
from
his
Princely
,
and
pious
Zeal
,
to
maintain
,
and
preserve
the
true
Protestant
Religion
,
contained
in
the
Confession
of
Faith
,
recorded
in
the
first
Parliament
of
King
James
the
VI.
which
is
founded
on
,
and
agreeable
to
the
written
word
of
God
.
Doeth
with
advice
,
and
consent
of
his
Estates
of
Parliament
,
require
and
command
all
his
Officers
,
Judges
,
and
Magistrates
,
to
put
the
Laws
made
against
Popery
,
and
Papists
,
Priests
,
Jesuits
,
and
all
persons
of
any
other
Order
,
in
the
Popish
Church
;
especially
against
all
sayers
,
and
hearers
of
Messe
,
venters
,
and
dispensers
of
forbidden
books
,
and
resetters
of
popish
Priests
,
and
excommunicat
Papists
;
as
also
against
all
fanitical
Separatists
from
this
National
Church
,
against
Preachers
at
house
,
or
field
Conventicles
,
and
the
resetters
,
and
harbourers
of
preachers
who
are
intercommuned
;
against
disorderly
Baptisms
,
and
Marriages
,
and
irregular
Ordinations
,
and
all
other
schismatical
disorders
,
to
full
▪
and
vigorous
execution
,
according
to
the
tenor
of
the
respective
Acts
of
Parliament
thereanent
provided
.
And
that
His
Majesties
Princely
Care
,
to
have
these
Laws
put
in
execution
,
against
these
enemies
of
the
Protestant
Religion
,
may
the
more
clearly
appear
,
He
doth
with
aduice
and
consent
foresaid
,
statute
and
ordain
,
that
the
Ministers
of
each
Parish
give
up
in
October
yearly
,
to
their
respective
Ordinaries
,
true
and
compleat
Lists
of
all
Papists
,
and
schismatical
with-drawers
from
the
publick
worship
,
in
their
respective
Parishes
,
which
Lists
are
to
be
subscribed
by
them
:
and
that
the
Bishops
give
in
a
double
of
the
said
Lists
,
subscribed
by
them
,
to
the
respective
Sheriffs
,
Steuards
,
Bayliffs
of
Royalty
and
Regality
,
and
Magistrates
of
Burghs
,
to
the
effect
,
the
said
Judges
may
proceed
against
them
,
according
to
Law
:
As
also
the
Sheriffs
,
and
other
Magistrats
foresaid
,
are
hereby
ordained
to
give
an
accompt
to
His
Majesties
Privy
-
Council
,
in
December
,
yearly
,
of
their
prooceedings
against
those
Papists
and
fanatical
separatists
,
as
they
will
be
answerable
at
their
highest
peril
.
And
that
the
diligence
done
by
the
Sheriffs
,
Baylies
of
Regalities
,
and
other
Magistrates
foresaid
,
may
be
the
better
enquired
into
by
the
Council
,
the
Bishops
of
the
respective
Diocesses
,
are
to
send
exact
doubles
of
the
Lists
of
the
Papists
,
and
Fanatiks
,
to
the
Clerk
of
the
Privy
-
Council
,
whereby
the
diligence
of
the
Sheriffs
,
and
other
Iudges
of
Courts
may
be
comptrolled
,
and
examined
.
And
to
cut
off
all
hopes
from
Papists
,
and
Fanatiks
,
of
their
being
imployed
in
Offices
,
and
Places
of
publick
trust
,
It
is
hereby
statute
,
and
ordained
,
That
the
following
Oath
shall
be
taken
by
all
persons
in
Offices
,
and
Places
of
publick
trust
,
Civil
,
Ecclesiastical
,
and
Military
;
especially
by
all
Members
of
Parliament
,
and
all
Electors
of
Members
of
Parliament
;
all
Privy-Councellors
,
Lords
of
Session
,
Members
of
the
Exchequer
,
Lords
of
Justitiary
,
and
all
other
Members
of
these
Courts
,
all
Officers
of
the
Crown
and
State
,
all
Archbishops
,
and
Bishops
,
and
all
Preachers
,
and
Ministers
of
the
Gospel
whatsoever
,
all
persons
of
this
Kingdom
,
named
or
to
be
named
,
Commissioners
of
the
Borders
,
all
Members
of
the
Commission
for
Church
affaires
,
all
Sheriffs
,
Steuards
,
Baylies
of
of
Royalties
and
Regalities
,
Iustices
of
Peace
,
Officers
of
the
Mint
,
Commisaries
and
their
Deputies
,
their
Clerks
,
and
Fiscals
,
all
Advocats
,
and
Procurators
before
any
of
these
Courts
,
all
Writers
to
the
Signet
,
all
publick
Notars
,
and
other
persons
imployed
in
writing
,
and
agenting
,
The
Lyon
King
at
arms
,
Heraulds
,
Pursevants
,
Messengers
at
Arms
,
all
Collectors
,
Sub
▪
Collectors
,
and
Fermers
of
His
Majesties
Customes
,
and
Excise
,
all
Magistrats
,
Deans
of
Gild
,
Councellors
and
Clerks
of
Boroughs
Royal
&
Regality
,
all
Deacons
of
trades
and
De●con-conveeners
in
the
said
Burghs
,
all
Masters
and
Doctors
in
Universities
,
Colledges
or
Schools
,
all
Chaplans
in
families
,
Pedagogues
to
children
,
and
all
Officers
,
and
Soldiers
in
Armies
,
Forts
or
Militia
,
And
all
other
persons
in
any
publick
Trust
or
office
within
this
Kingdom
,
who
shall
publickly
swear
,
and
subscribe
the
said
Oath
,
as
follows
:
viz.
Archbishops
,
Chief
Commanders
of
the
Forces
,
and
Officers
of
the
Crown
and
State
,
and
Councellors
,
before
the
Secret
Council
:
all
the
Lords
of
Session
,
and
all
members
of
the
Colledg
of
Justice
,
and
others
depending
upon
them
,
before
the
Lords
of
Session
:
the
Lords
of
lustitiary
,
and
all
these
depending
upon
that
Court
,
in
the
Iustice-Court
:
the
Lords
,
and
other
Members
of
the
Exchequer
,
before
the
exchequer
;
all
Bishops
before
the
Archibishops
,
all
the
Inferior
Clergy
,
Commisaries
,
Masters
,
&
Doctors
of
Universities
&
Schools
,
Chaiplans
,
&
Pedagogues
,
before
the
Bishops
of
the
respective
Diocesses
;
Sheriffs
,
Stewards
,
Baylies
of
Royalty
and
Regality
,
and
these
depending
on
these
Iurisdictions
,
before
their
respective
Courts
;
all
Provosts
,
Baylies
,
and
others
of
the
Boroughs
,
before
the
Town-Council
;
all
Collectors
and
Fermers
of
the
Kings
Customs
and
Excise
,
before
the
Exchequer
,
the
Commissioners
of
the
Borders
before
the
Privy-Council
:
all
Iustices
of
the
Peace
before
the
Conveeners
,
and
the
Officers
of
the
Mint
before
the
General
of
the
Mint
;
and
the
Officers
of
the
Forces
before
the
Commander
in
chief
,
and
common
Soldiers
before
their
respective
Officers
:
The
Lyon
before
the
Privy
Council
,
and
Heraulds
,
Pursevants
and
Messengers
at
Arms
,
before
the
Lyon
.
And
His
Majesty
,
with
consent
foresaid
,
Statutes
and
ordains
,
that
all
these
who
presently
possess
and
enjoy
any
of
the
foresaid
offices
,
publick
Trusts
,
and
Imployments
,
shall
take
and
subscribe
the
following
Oath
in
one
of
the
foresaid
Offices
in
manner
before
prescribed
betwixt
—
and
the
first
of
January
next
,
which
is
to
be
recorded
in
the
Registers
of
the
respective
Courts
,
and
extracts
thereof
under
the
Clerks
hand
,
to
be
reported
to
His
Majesties
Privy-Council
betwixt
—
and
the
first
of
March
1682.
and
hereafter
in
any
other
Courts
whereof
they
are
Iudges
or
Members
,
the
first
time
they
shall
sit
or
exercise
in
any
of
these
respective
Courts
;
and
ordains
,
That
all
who
shall
hereafter
be
promoted
to
,
or
imployed
in
any
of
the
foresaid
Offices
,
Trusts
or
Imployments
,
shall
at
their
entry
into
,
and
before
their
exercising
thereof
,
take
and
subscribe
the
said
Oath
in
manner
foresaid
,
to
be
recorded
in
the
Registers
of
their
respective
Courts
,
and
reported
to
His
Majesties
Privy
Council
,
within
the
space
of
fourty
days
,
after
their
taking
of
the
same
.
And
if
any
shall
presume
to
exercise
any
of
the
faid
offices
or
Imployments
,
or
any
publick
Office
or
Trust
within
this
Kingdom
(
the
Kings
Brothers
and
Sons
only
excepted
)
until
they
take
the
Oath
foresaid
,
and
subscribe
the
same
to
be
recorded
in
the
Registers
of
the
respective
Courts
,
they
shall
be
declared
incapable
of
all
publick
trust
thereafter
,
and
be
further
punished
with
the
loss
of
their
moveables
and
liferent-escheats
the
one
half
whereof
is
to
be
given
to
the
Informer
,
and
the
other
half
to
belong
to
his
Majesty
;
and
his
Majesty
with
advice
foresaid
recommends
to
his
Privy-Council
to
see
this
Act
put
to
due
and
vigorous
execution
.
The
TEST
.
Containing
the
Oath
to
be
taken
by
all
Persons
in
publick
Trust.
I
Solemnly
swear
,
in
the
presence
of
the
eternal
God
,
whom
I
invoke
as
Judge
,
and
witnesse
of
the
sincere
intention
of
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
the
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
dayes
of
my
life-time
;
and
shall
endeavour
to
educate
my
Children
therein
;
And
shall
never
consent
to
any
change
☜
or
alteration
contrary
thereto
,
and
that
I
disoun
and
renounce
all
such
Principles
,
Doctrines
,
or
practices
,
whether
Popish
,
or
Fanatical
which
are
contrare
unto
,
and
inconsistent
with
the
said
Protestant
Religion
,
and
Confession
of
Faith
.
And
for
testification
of
my
obedience
●o
my
most
gracious
Soveraign
,
Charles
the
II.
I
do
affirm
,
and
swear
by
this
my
solemn
Oath
,
that
the
Kings
Majesty
is
the
only
Supreme
Governour
of
this
Realm
,
over
all
persons
,
and
in
all
causes
,
as
well
ecclesiastical
as
civil
:
And
that
no
forreign
Prince
,
Person
,
Pope
,
Prelate
,
State
or
Potentate
,
hath
,
or
ought
to
have
any
Jurisdiction
,
Power
,
Superiority
,
Preheminency
,
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
Allegiance
to
the
Kings
Majesty
,
his
Heirs
and
lawful
Successors
;
and
to
my
power
shall
assist
and
defend
all
Rights
,
Jurisdictions
,
Prerogatives
,
Priviledges
,
Preferments
,
and
Authorities
belonging
to
the
Kings
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
other
pretence
whatsoever
,
to
enter
into
Covenants
or
Leagues
,
or
to
convocar
,
conveen
,
or
assemble
in
any
Councils
,
Conventions
or
Assemblies
,
to
treat
,
consult
or
determine
in
any
matter
of
State
,
Civil
or
Ecclesiastick
,
without
his
Majesties
special
command
,
or
express
licence
had
thereto
;
or
to
take
up
arms
against
the
King
,
or
these
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
on
me
from
the
National
Covenant
,
or
the
Solemn
League
and
Covenant
(
commonly
so
called
)
or
any
other
manner
of
way
whatsoever
,
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
Majesties
Jurisdiction
foresaid
against
all
deadly
.
And
I
shall
never
decline
his
Majesties
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
whatsoever
;
and
that
I
shall
not
accept
or
use
any
dispensation
from
any
creature
whatsoever
;
So
help
me
God
.
Act
J.
6.
P.
1.
C.
3.
Anno
1567.
Anent
the
annulling
of
the
Acts
of
Parliament
,
made
against
God
His
Word
,
and
for
maintainance
of
Idolatrie
,
in
any
tymes
bypast
.
ITem
,
our
Soveraigne
Lord
,
with
advice
of
his
dearest
Regent
,
and
three
Estates
of
this
present
Parliament
,
ratifies
and
approves
the
Act
under-written
,
made
in
the
Parliament
holden
at
Edinburgh
,
the
24.
day
of
August
,
the
year
of
God
an●
thousand
five
hundred
threescore
years
.
And
of
new
in
this
present
Parliament
,
statutes
and
ordains
the
said
Act
,
to
be
as
a
perpetual
Law
to
all
our
Soveraigne
Lords
leiges
in
all
times
coming
.
Of
the
quhilk
the
tenour
followes
.
The
quhilk
day
,
for
same●●le
as
there
has
been
divers
and
sundrie
Acts
of
Parliament
,
made
in
King
James
the
I.
II.
III.
IV.
and
V's
times
,
Kings
of
Scotland
for
the
time
,
and
also
in
our
soveraigne
Ladies
time
,
not
agreeing
with
Gods
holy
Word
,
and
by
them
divers
persons
take
occasion
to
maintaine
Idolatrie
,
and
Superstition
,
within
the
Kirk
of
God
,
and
rep●esse
such
persons
as
were
professors
of
the
said
Word
,
wherethrow
divers
innocents
did
suffer
.
And
for
escheving
such
inconveniences
in
time
coming
,
the
three
Estates
of
Parliament
has
annulled
,
and
declared
all
such
Acts
made
in
tymes
bypast
,
not
agreeing
with
God
His
Word
,
and
now
contrary
to
the
Confession
of
Faith
,
according
to
the
said
Word
,
published
in
this
Parliament
,
to
be
of
none
availe
,
force
nor
effect
.
And
decerns
the
said
Acts
and
every
ane
of
them
,
to
have
no
effect
nor
strength
;
in
time
to
come
:
But
the
same
to
be
abolished
and
extinguished
for
ever
in
so
far
as
any
of
the
foresaid
Acts
are
repugnant
,
and
contrary
to
the
Confession
of
Faith
,
and
Word
of
God
foresaid
,
ratified
and
approved
by
the
Estates
in
this
present
Parliament
.
And
therefore
decerns
and
ordains
,
the
Contraveeners
of
the
famine
Act
in
any
time
hereafter
to
be
punished
,
according
to
the
Lawes
.
Of
the
Quhilk
Confession
of
the
Faith
the
●●nour
follows
.
THE
Confession
of
the
Faith
,
and
Doctrine
,
Believed
,
and
professed
by
the
Protestants
of
Scotland
,
exhibited
to
the
Estates
of
the
same
in
Parliament
,
and
by
their
publick
Vots
authorized
,
as
a
Doctrine
grounded
upon
the
infallible
Word
of
God
.
As
the
same
Confession
stands
recorded
.
Ja.
6.
p.
1.
c
:
4.
Anno
1567.
I.
Of
God
.
WE
confesse
,
and
acknowledge
ane
onely
God
,
to
whom
onely
we
must
cleave
,
whom
onely
we
must
serve
,
whom
only
we
must
worship
,
and
in
whom
onely
we
must
put
our
trust
,
who
is
Eternal
,
Infinit
,
Unmeasurable
,
Incomprehensible
,
Omnipotent
,
Invisible
,
ane
in
substance
,
and
yet
distinct
in
three
Persons
,
the
Father
,
the
Sonne
,
and
the
holie
Ghost
.
By
whom
we
confesse
and
believe
all
things
in
heaven
and
earth
,
aswel
Visible
as
Invisible
;
to
have
been
created
,
to
be
retained
in
their
being
,
and
to
be
ruled
,
and
guided
by
his
inscrutable
Providence
,
to
sik
end
,
as
his
Eternal
Wisdome
,
Goodness
,
and
Justice
has
appointed
them
,
to
the
manifestation
of
his
own
glorie
.
II.
Of
the
Creation
of
Man
.
WE
confess
and
acknowledge
,
this
our
God
to
have
created
man
,
to
wit
,
our
first
father
Adam
,
in
his
own
Image
and
similitude
,
to
whom
he
gave
Wisedome
,
Lordship
,
Iustice
,
Free
will
,
and
clear
knowledge
of
himself
,
so
that
in
the
hail
nature
of
man
there
could
be
noted
no
imperfection
.
Fra
quhilk
honour
and
perfection
,
Man
and
Woman
did
both
fall
,
the
Woman
being
deceived
be
the
Serpent
,
and
Man
obeying
the
voyce
of
the
Woman
,
both
conspiring
against
the
Soveraign
Majestie
of
God
,
who
in
expresse
words
had
before
threatned
death
,
if
they
presumed
to
eat
of
the
forbidden
Tree
.
III.
Of
Original
Sinne.
BE
quhilk
transgression
,
commonlie
called
Original
Sinne
,
was
the
image
of
God
utterlie
defaced
in
Man
,
and
he
and
his
posteritie
of
nature
became
enemies
to
God
,
slaves
to
Sathan
,
and
servants
unto
sin
,
in
samiekle
that
death
everlasting
has
had
;
and
shall
have
power
and
dominion
,
over
all
that
have
not
been
,
are
not
,
or
shall
not
be
regenerated
from
above
,
quhilk
regeneration
is
wrought
by
the
power
of
the
holie
Ghost
working
in
the
hearts
of
the
elect
of
God
ane
assured
faith
in
the
promise
of
God
,
revealed
to
us
in
his
word
,
be
quilk
Faith
we
apprehend
Christ
Jesus
with
the
graces
,
and
benefits
promised
in
him
.
IV.
Of
the
Revelation
of
the
Promise
.
FOR
this
we
constantlie
believe
,
that
God
after
the
fearful
and
horrible
defection
of
man
fra
his
obedience
,
did
seek
Adam
again
,
call
upon
him
,
rebuke
his
sin
,
convict
him
of
the
same
,
and
in
the
end
made
unto
him
ane
most
joyful
promise
,
to
wit
,
that
the
seed
of
the
woman
should
break
down
the
serpents
head
,
that
is
,
he
should
destroy
the
works
of
the
Devil
;
quhilk
promise
,
as
it
was
repeated
,
and
made
mair
cleare
from
time
to
time
;
so
was
it
embraced
with
joy
,
and
maist
constantly
received
of
all
the
faithful
from
Adam
to
Noah
,
from
Noah
to
Abraham
,
from
Abraham
to
David
,
and
so
forth
to
the
incarnation
of
Christ
Jesus
,
all
(
we
mean
the
faithful
fathers
under
the
law
)
did
see
the
joyful
day
of
Christ
Jesus
,
and
did
rejoyce
.
V.
Of
The
continuance
,
increase
,
and
preservation
of
the
Kirk
.
WE
maist
constantly
believe
that
God
preserved
,
instructed
,
multiplyed
,
honoured
,
decored
,
and
from
death
called
to
life
,
his
Ki●k
,
in
all
ages
,
fra
Adam
till
the
coming
of
Christ
Jesus
in
the
flesh
:
For
Abraham
he
called
from
his
fathers
countrey
,
him
he
instructed
,
his
seedhe
multiplyed
,
the
same
he
marvelously
preserved
,
and
mair
marvelously
delivered
from
the
bondage
and
tyranny
of
Pharaoh
;
to
them
he
gave
his
Laws
,
constitutions
and
ceremonies
,
them
he
possessed
in
the
Land
of
Canaan
,
to
them
after
Iudges
,
and
after
Saul
,
he
gave
David
to
be
King
,
to
whom
he
made
promise
,
that
of
the
fruit
of
his
Ioynes
should
ane
sit
for
ever
upon
his
regnall
seat
:
To
this
same
people
,
from
time
to
time
,
he
sent
Prophets
to
reduce
them
to
the
right
way
of
their
God
,
from
the
quhilk
oftentimes
they
declined
,
by
Idolatry
:
and
albeit
that
for
their
stubborn
contempt
of
justice
,
he
was
compelled
to
give
them
into
the
hands
of
their
enemies
,
as
before
was
threatned
by
the
mouth
of
Moses
,
in
sameikle
that
the
hally
City
was
destroyed
,
the
temple
burnt
with
fire
,
and
the
haile
land
left
desolate
,
the
space
of
lxx
years
,
yet
of
mercy
did
he
reduce
them
again
to
Jerusalem
,
where
the
City
,
and
Temple
were
reedified
,
and
they
,
against
all
temptations
and
assaults
of
Sathan
,
did
abide
till
the
Messias
came
,
according
to
the
promise
.
VI.
Of
the
Incarnation
of
Christ
Jesus
.
WHEN
the
fulness
of
time
came
,
God
sent
his
Son
,
his
eternal
wisdome
,
the
substance
of
his
own
glory
,
into
this
World
,
who
took
the
nature
of
man-head
of
the
substance
of
woman
,
to
wit
of
a
virgin
,
and
that
by
operation
of
the
Holy
Ghost
,
and
so
was
born
the
just
seed
of
●avid
,
the
Angel
of
th●
great
counsell
of
God
,
the
very
Messias
promised
,
whom
we
confess
and
acknowledge
Emmanuel
,
very
God
and
very
man
,
two
perfect
natures
united
,
and
joyned
in
one
person
.
By
quhilk
our
Confession
we
condemn
the
damnable
,
and
pestilent
herefies
of
Arrius
,
Marchion
,
Eutiches
,
Nest●rius
,
and
sik
others
,
as
either
did
deny
the
eternity
of
his
God-head
,
or
the
verity
of
his
human
nature
,
or
confounded
them
,
or
yet
divided
them
.
VII
.
Why
it
behoved
the
Mediator
to
be
very
God
,
and
very
man
.
WE
acknowledge
,
and
confess
,
that
this
maist
wonderous
conjunction
betwixt
the
God-head
,
and
the
man-head
in
Christ
Jesus
,
did
proceed
from
the
eternal
and
immutable
decree
of
God
,
from
quhilk
all
our
salvation
springs
,
and
depends
.
VIII
.
Of
Election
.
FOR
that
same
eternal
God
and
Father
,
who
of
meer
grace
elected
us
in
Christ
Jesus
his
son
,
before
the
foundation
of
the
World
was
laid
,
appointed
him
to
be
our
head
,
our
brother
,
our
pastor
,
and
great
Bishop
of
our
souls
:
But
because
that
the
enmity
betwixt
the
justice
of
God
and
our
sins
was
sik
,
that
no
flesh
by
it self
could
,
or
might
have
attained
unto
God
,
it
behoved
that
the
Son
of
God
should
descend
unto
us
,
and
take
to
himself
a
bodie
of
our
bodie
,
flesh
of
our
flesh
,
and
bone
of
our
bones
,
and
so
become
the
Mediator
betwixt
God
and
man
,
giving
power
to
so
many
as
believe
in
him
to
be
the
sons
of
God
,
as
himself
does
witness
.
I
passe
up
to
my
Father
,
and
to
your
Father
,
to
my
God
,
and
to
your
God
:
Be
quhilk
maist
haly
fraternity
whatsoever
we
have
tynt
in
Adam
is
restored
unto
us
again
:
And
for
this
cause
we
are
not
afraid
to
call
God
our
Father
,
not
sameikle
because
he
has
created
us
quhilk
we
have
common
with
the
reprobate
)
as
for
that
,
that
he
has
given
to
us
his
only
Son
,
to
be
our
brother
,
and
given
unto
us
grace
to
acknowledge
and
imbrace
him
for
our
only
Mediator
as
before
is
said
;
it
behoved
farther
the
Messias
and
Redeemer
to
be
very
God
and
very
man
,
because
he
was
to
underly
the
punishment
due
for
our
transgressions
,
and
to
prefent
himself
in
the
presence
of
his
Fathers
Iudgement
,
as
in
our
person
,
to
suffer
for
our
transgression
,
and
inobedience
,
by
death
to
overcome
him
that
was
author
of
death
.
But
because
the
onely
God-head
could
not
suffer
death
,
neither
yet
could
the
onely
man-head
overcome
the
samine
,
he
joyned
both
together
in
one
person
,
that
the
imbecillity
of
the
ane
should
suffer
,
and
be
subject
to
death
(
quilk
we
had
deserved
)
And
the
infinite
and
invincible
power
of
the
other
,
to
wit
,
of
the
goodhead
should
triumph
,
and
purchase
to
us
life
,
liberty
,
and
perpetual
victory
:
And
so
we
confess
,
and
maist
undoubtedly
believe
.
IX
.
Of
Christs
Death
,
Passion
,
and
Burial
.
THAT
our
Lord
Iesus
offered
himself
a
voluntary
Sacrifice
unto
his
Father
for
us
,
that
he
suffered
contradiction
of
sinners
,
that
he
was
wounded
,
and
plagued
for
our
transgressions
,
that
he
being
the
clean
innocent
Lamb
of
God
,
was
damned
in
the
presence
of
ane
earthly
Iudg
,
that
we
should
be
absolved
before
the
tribunal
seat
of
our
God
,
that
he
suffered
not
only
the
cruel
death
of
the
Cross
[
quhilk
was
accursed
by
the
sentence
of
God
,
]
but
also
that
he
suffered
for
a
season
the
wrath
of
his
Father
,
quhilk
sinners
had
deserved
.
But
yet
we
avow
,
that
he
remained
the
only
well-beloved
and
blessed
Son
of
his
Father
,
even
in
the
midst
of
his
anguish
,
and
torment
,
quhilk
he
suffered
in
body
and
soul
,
to
make
the
full
satisfaction
for
the
sins
of
his
people
.
After
the
quhilk
,
we
confess
,
and
avow
that
there
remains
no
other
Sacrifice
for
sin
,
quhilk
if
any
affirm
,
we
nothing
doubt
to
avow
,
that
they
are
blasphemous
against
Christs
death
,
and
the
everlasting
purgation
,
and
satisfaction
purchased
to
us
by
the
same
.
X.
Of
his
Resurrection
.
WE
undoubtedly
believe
,
that
in
samiekle
as
it
was
impossible
that
the
dolours
of
death
should
retain
in
bondage
the
Author
of
life
,
that
our
LORD
JESUS
crucified
,
dead
,
and
buried
,
who
descended
into
hell
,
did
rise
again
,
for
our
justification
,
and
destroying
him
who
was
the
Author
of
death
,
brought
life
again
to
us
that
were
subject
to
death
,
and
to
the
bondage
of
the
same
.
We
know
,
that
his
Resurrection
was
confirmed
by
the
testimony
of
his
very
enemies
,
by
the
Resurrection
of
the
dead
,
whose
Sepulchres
did
open
,
and
they
did
rise
,
and
appeared
to
many
,
within
the
City
Jerusalem
.
It
was
also
confirmed
by
the
testimony
of
his
Angels
,
and
by
the
senses
,
and
judgments
of
his
Apostles
,
and
of
others
,
who
had
conversation
,
and
did
eat
and
drink
with
him
,
after
his
Resurrection
.
XI
.
Of
his
Ascension
,
WE
nothing
doubt
,
but
the
self-same
body
,
quhilk
was
born
of
the
Virgin
,
was
crucifyed
,
dead
,
and
buried
,
and
quhilk
did
rise
again
,
did
ascend
into
the
heavens
,
for
the
accomplishment
of
all
things
,
where
,
in
our
names
,
and
for
our
comfort
,
he
has
received
all
power
in
heaven
,
and
earth
,
where
he
sits
at
the
right
hand
of
the
Father
,
inaugurate
|
in
his
Kingdom
,
Advocate
and
onely
Mediator
for
us
.
Quhilk
Glory
,
Honour
and
Prerogative
,
he
alone
among
the
brethren
sall
possess
,
till
that
all
his
Enemies
be
made
his
fotostool
,
as
that
we
undoubtedly
believe
they
sall
be
in
the
finall
judgement
:
To
the
execution
whereof
we
certainly
☞
beleive
,
that
the
same
our
Lord
Iesus
sall
as
visibly
return
,
as
that
he
was
seen
to
ascend
.
And
then
we
firmly
believe
,
that
the
time
of
refreshing
and
restitution
of
all
things
sall
come
,
in
samiekle
that
they
that
fra
the
beginning
have
suffered
violence
,
injury
and
wrong
,
for
righteousness
sake
,
sall
inherit
that
blessed
immortality
promised
fra
the
beginning
.
But
contrariwise
,
the
stubborn
,
inobedient
,
cruell
oppressours
,
filthy
persons
,
idolaters
,
and
all
such
sorts
of
unfaithfull
,
sall
be
cast
into
the
dungeon
of
utter
darkness
,
where
the
worm
sall
not
die
,
neither
yet
their
fire
sall
be
extinguished
.
The
remembrance
of
quhilk
day
,
and
of
the
judgement
to
be
executed
in
the
same
,
is
not
onely
to
us
a
bridle
,
whereby
our
carnal
lusts
are
refrained
,
but
also
such
inesteemabe
comfort
,
that
neither
may
the
threatning
of
Worldly
Princes
,
neither
yet
the
fear
of
temporal
death
,
and
present
danger
,
move
us
to
renounce
and
forsake
that
blessed
society
which
we
the
members
have
with
our
Head
and
only
Mediator
,
Christ
Iesus
,
whom
we
confess
and
avow
to
be
the
Messias
promised
,
the
only
head
of
his
Kirk
,
our
just
Lawgiver
,
our
only
high
Priest
,
Advocate
and
Mediator
:
In
which
Honours
and
Offices
,
if
Manor
Angel
presume
to
intrude
themselves
,
we
utterly
detest
and
abhor
them
,
as
blasphemous
to
our
Soveraign
and
Supreme
Governour
,
Christ
Iesus
.
☞
XII
.
Of
Faith
in
the
Holy
Ghost
.
THis
our
Faith
,
and
the
assurance
of
the
same
,
proceeds
not
from
flesh
and
blood
;
that
is
to
say
,
from
no
natural
powers
within
us
,
but
is
the
inspiration
of
the
Holy
Ghost
:
Whom
we
confess
God
equal
with
the
Father
,
and
with
the
Son
,
who
sanctifies
us
,
and
brings
us
in
all
verity
,
by
his
own
operation
,
without
whom
we
should
remain
for
ever
enemies
to
God
,
and
ignorant
of
his
Son
Christ
Jesus
:
For
of
nature
we
are
so
dead
,
so
blind
,
and
so
perverse
,
that
neither
can
we
feel
when
we
are
pricked
,
see
the
light
when
it
shines
,
nor
assent
to
the
will
of
God
when
it
is
revealed
,
unless
the
Spirit
of
the
Lord
Jesus
quicken
that
which
is
dead
,
remove
the
darkness
from
our
minds
,
and
bow
our
stubborn
hearts
to
the
obedience
of
his
blessed
will
.
And
so
as
we
confess
,
that
God
the
Father
created
us
,
when
we
were
not
:
As
his
Son
,
our
Lord
Iesus
,
redeemed
us
,
when
we
were
enemies
to
him
;
so
also
do
we
confess
,
that
the
Holy
Ghost
doth
sanctifie
,
and
regenerate
us
,
without
all
respect
of
any
merit
proceeding
from
us
;
be
it
before
,
or
be
it
after
our
Regeneration
.
To
speak
this
one
thing
yet
in
more
plain
words
:
As
we
willingly
spoil
our selves
of
all
honour
,
and
glory
of
our
own
Creation
,
and
Redemption
;
so
do
we
also
of
our
Regeneration
,
and
Sanctification
:
For
of
our selves
we
are
not
sufficient
to
think
one
good
thought
,
but
he
who
has
begun
the
work
in
us
is
only
he
that
continues
us
in
the
same
,
to
the
praise
and
glory
of
his
undeserved
Grace
.
XIII
.
Of
The
cause
of
good
works
.
SO
that
the
cause
of
good
works
,
we
confess
to
be
not
our
free
will
,
but
the
Spirit
of
the
Lord
Iesus
,
who
dwelling
in
our
hearts
by
true
faith
,
brings
forth
such
works
as
God
has
prepared
for
us
to
walk
in
.
For
this
we
most
boldly
affirm
,
that
blasphemy
it
is
to
say
,
that
Christ
abides
in
the
hearts
of
such
as
in
whom
there
is
no
Spirit
of
Sanctification
.
And
therefore
we
fear
not
to
affirm
,
that
Murtherers
,
Oppressors
,
cruel
Persecutors
,
Adulterers
;
Whoremongers
,
filthy
Persons
,
Idolaters
,
Drunkards
,
Thieves
,
and
all
workers
of
Iniquity
,
have
neither
true
Faith
,
neither
any
portion
of
the
Spirit
of
the
Lord
Iesus
,
so
long
as
obstinately
they
continue
in
their
wickedness
.
For
how
soon
that
ever
the
Spirit
of
the
Lord
Iesus
[
which
Gods
elect
children
receive
by
true
Faith
]
takes
possession
in
the
heart
of
any
man
,
so
soon
does
he
regenerate
,
and
renew
the
same
man
.
So
that
he
begins
to
hate
that
which
before
he
loved
,
and
begins
to
love
that
which
before
he
hated
,
and
from
thence
comes
that
continual
battel
which
is
betwixt
the
Flesh
,
and
the
Spirit
in
Gods
Children
;
still
the
flesh
and
natural
man
,
according
to
its
own
corruption
,
lusts
for
things
pleasant
and
delectable
unto
it self
,
and
grudges
in
adversity
,
is
lifted
up
in
prosperity
,
and
at
every
moment
is
prone
and
ready
to
offend
the
Majesty
of
God
.
But
the
Spirit
of
God
,
which
gives
witnessing
to
our
Spirit
,
that
we
are
the
Sons
of
God
,
makes
us
to
resist
filthy
pleasures
,
and
to
groan
in
Gods
presence
,
for
deliverance
from
this
bondage
of
corruption
.
And
finally
,
to
triumph
over
sin
,
that
it
reign
not
in
our
mortal
bodies
.
This
battel
hath
not
the
carnal
man
,
being
destitute
of
Gods
Spirit
,
but
does
follow
,
and
obey
sin
with
greediness
,
and
without
repentance
,
even
as
the
Devil
,
and
their
corrupt
Lusts
do
prick
them
.
But
the
Sons
of
God
,
as
before
was
said
,
do
fight
against
sin
,
do
sob
and
mourn
,
when
they
perceive
themselves
tempted
in
iniquity
:
and
if
they
fall
,
they
rise
again
with
earnest
and
unfeigned
repentance
,
and
these
things
they
do
not
by
their
own
power
,
but
by
the
power
of
the
Lord
Iesus
,
without
whom
they
were
able
to
do
nothing
.
XIV
.
What
works
are
reputed
good
before
God
.
WE
confess
and
acknowledg
,
that
God
has
given
to
man
his
holy
Law
,
in
which
not
only
are
forbidden
all
such
work
as
displease
,
and
offend
his
godly
Majesty
,
but
also
are
commanded
all
such
as
please
him
,
and
as
he
has
promised
to
reward
.
And
these
works
be
of
two
sorts
.
The
one
is
done
to
the
honour
of
God
,
the
other
to
the
profit
of
our
Nighbours
:
and
both
have
the
revealed
will
of
God
for
their
assurance
.
To
have
one
God
,
to
worship
,
and
honour
him
,
to
call
upon
him
in
all
our
troubles
,
to
reverence
his
holy
Name
,
to
hear
his
word
,
to
beleeve
the
same
,
to
communicate
with
his
holy
Sacraments
,
are
the
works
of
the
first
Table
.
To
honour
Father
,
Mother
,
Princes
,
Rulers
,
and
Superior
Powers
:
to
love
them
,
to
support
them
,
yea
to
obey
their
charges
(
not
repugning
to
the
commandment
of
God
)
to
save
the
lives
of
Innocents
,
☜
to
repress
Tyranny
,
to
defend
the
oppressed
,
to
keep
our
bodies
clean
and
holie
,
to
live
in
soberness
,
☜
and
temperance
,
to
deal
justly
with
all
men
both
in
word
and
deed
:
And
finally
,
to
repress
all
appetite
of
our
Neighbours
hurt
,
are
the
good
works
of
the
second
Table
,
which
are
most
pleasing
and
acceptable
unto
God
,
as
those
works
that
are
commanded
by
himself
:
The
contrary
whereof
is
sin
most
odious
,
which
always
displeases
him
,
and
provokes
him
to
anger
;
As
not
to
call
upon
him
alone
,
when
we
have
need
,
nor
to
hear
his
word
with
reverence
,
to
contemn
and
despise
it
,
to
have
or
to
worship
Idols
,
to
maintain
,
&
defend
Idolatry
,
lightly
to
esteem
the
reverend
name
of
God
,
to
prophane
,
abuse
,
or
contemn
the
Sacraments
of
Christ
Jesus
,
to
disobey
or
resist
any
that
God
has
placed
in
Authority
[
while
they
pass
not
over
the
bounds
of
their
☜
Office
]
to
murther
;
or
to
consent
thereto
,
to
bear
hatred
,
or
to
let
Innocent
blood
be
shed
,
if
we
may
withstand
it
.
And
finally
,
the
trangression
of
any
other
commandment
in
the
first
or
second
Table
,
we
confess
and
affirm
to
be
sin
,
by
the
which
Gods
anger
and
displeasure
is
kindled
against
the
proud
unthankful
world
.
So
that
good
works
we
affirm
to
be
those
only
,
that
are
done
in
Faith
,
and
at
Gods
commandment
,
who
in
his
Law
has
expressed
what
the
things
be
that
please
him
.
And
evil
works
we
affirm
to
be
not
only
those
that
expresly
are
done
against
Gods
commandment
;
but
those
also
that
in
matters
of
Religion
,
and
worshipping
of
God
,
has
no
other
☜
assurance
but
the
invention
and
opinion
of
man
:
which
God
from
the
beginning
has
ever
rejected
,
as
by
the
Prophet
Esay
,
and
by
our
Master
Christ
Jesus
,
we
are
taught
in
these
words
,
Invain
do
they
worship
me
,
teaching
for
doctrines
the
precepts
of
men
.
XV.
Of
The
perfection
of
the
Law
,
and
the
imperfection
of
Man
.
THe
Law
of
God
we
confesse
,
and
acknowledge
most
just
,
most
equal
,
most
holy
,
and
most
perfect
,
commanding
those
things
which
being
wrought
in
perfection
,
were
able
to
give
life
,
and
able
to
bring
man
to
eternal
felicity
.
But
our
nature
is
so
corrupt
,
so
weak
,
and
so
imperfect
,
that
we
are
never
able
to
fulfil
the
works
of
the
Law
in
perfection
.
Yea
,
if
we
say
we
have
no
sin
,
even
after
we
are
regenerated
,
we
deceive
our selves
,
and
the
verity
of
God
is
not
in
us
.
And
therefore
it
behoves
us
to
apprehend
Christ
Jesus
,
with
his
Justice
,
and
Satisfaction
,
who
is
the
end
,
and
accomplishment
of
the
Law
,
by
whom
we
are
set
at
this
liberty
,
that
the
Curse
,
and
Malediction
of
God
fall
not
upon
us
,
albeit
we
fulfil
not
the
same
in
all
points
.
For
God
the
Father
beholding
us
in
the
body
of
his
Son
Christ
Jesus
,
accepts
our
imperfect
obedience
,
as
it
were
perfect
,
and
covers
our
works
,
which
are
defiled
with
many
spots
,
with
the
Justice
of
his
Son
.
We
do
not
mean
,
that
we
are
so
let
at
liberty
,
that
we
owe
no
obedience
to
the
Law
(
for
that
before
we
have
plainly
confessed
,
)
but
this
we
affirm
,
that
no
man
in
earth
(
Christ
Jesus
only
except
)
has
given
,
gives
,
or
shall
give
in
work
,
that
obedience
to
the
Law
,
which
the
Law
requires
.
But
when
we
have
done
all
things
,
we
must
fall
down
,
and
unfeignedly
confess
,
that
we
are
unprofitable
Servants
.
And
therefore
whosoever
boasts
themselves
of
the
merits
of
their
own
works
,
or
put
their
trust
in
the
works
of
Supererogation
,
boast
themselves
in
that
which
is
naught
,
and
put
their
trust
in
damnable
Idolatry
.
XVI
.
Of
the
Kirk
.
AS
we
believe
in
one
God
,
Father
,
Son
,
and
Holy
Ghost
;
so
do
we
most
constantly
believe
,
that
from
the
beginning
there
has
been
,
and
now
is
,
and
to
the
end
of
the
World
shall
be
,
one
Kirk
;
that
is
to
say
,
one
company
and
multitude
of
men
chosen
of
God
,
who
rightly
worship
,
and
embrace
him
by
true
Faith
in
Christ
Jesus
,
who
is
the
only
Head
of
the
same
Kirk
,
which
also
☞
is
the
Body
,
and
Spouse
of
Christ
Jesus
,
which
Kirk
is
Catholick
,
that
is
,
Universal
,
because
it
contains
the
Elect
of
all
ages
,
of
all
Realms
,
Nations
,
and
Tongues
,
be
they
of
the
Jews
,
or
be
they
of
the
Gentiles
,
who
have
Communion
,
and
Society
with
God
the
Father
,
and
with
his
Son
Christ
Jesus
,
through
the
Sanctification
of
his
Holy
Spirit
;
and
therefore
it
is
called
the
Communion
,
not
of
prophane
persons
,
but
of
Saints
,
who
as
Citizens
of
the
Heavenly
Jerusalem
,
have
the
fruition
of
the
most
inestimable
benefits
,
to
wit
,
of
one
God
,
one
Lord
Jesus
,
one
Faith
,
and
one
Baptism
:
Out
of
the
which
Kirk
there
is
no
other
life
,
nor
eternal
felicity
.
And
therefore
we
utterly
abhor
the
blasphemy
of
them
that
affirm
,
that
men
which
live
according
to
Equity
,
and
Justice
shall
be
saved
,
what
Religion
that
ever
they
have
professed
:
For
as
without
Christ
Jesus
there
is
no
other
Life
nor
Salvation
;
so
shall
there
none
be
participant
thereof
,
but
such
as
the
Father
has
given
unto
his
Son
Christ
Jesus
,
and
they
that
in
time
come
unto
him
,
avow
his
Doctrine
,
and
believe
into
him
(
we
comprehend
the
Children
with
the
faithful
Parents
.
)
This
Kirk
is
invisible
,
known
only
to
God
,
who
alone
knows
whom
he
has
chosen
,
and
comprehends
as
well
(
as
said
is
)
the
Elect
that
be
departed
▪
commonly
called
the
Kirk
triumphant
,
as
those
that
yet
live
,
and
fight
against
sin
,
and
Satan
,
and
shall
live
hereafter
.
XVII
.
Of
The
Immortality
of
the
Soul
.
THe
Elect
departed
are
in
peace
,
and
rest
from
their
labours
:
not
that
they
sleep
,
and
come
to
a
certain
oblivion
,
as
some
Phantasticks
do
affirm
:
but
that
they
are
delivered
from
all
fear
,
and
torment
,
and
all
temptation
,
to
which
we
,
and
all
God's
Elect
are
subject
in
this
life
;
and
therefere
do
bear
the
name
of
the
Kirk-Militant
:
As
contrary
wise
,
the
reprobate
,
and
unfaithful
departed
,
have
anguish
,
torment
,
and
pain
,
that
cannot
be
expressed
:
So
that
neither
are
the
one
nor
the
other
in
such
sleep
,
that
they
feel
not
their
happiness
nor
torment
,
as
the
Parable
of
Christ
Jesus
in
the
16.
of
Luke
,
his
words
to
the
Thief
,
and
these
words
of
the
Souls
crying
under
the
Altar
:
O
Lord
,
thou
that
art
righteous
,
and
just
,
How
long
shalt
thou
not
revenge
our
blood
upon
these
that
dwell
in
the
earth
?
does
declare
.
XVIII
.
Of
the
Notes
by
the
which
the
true
Kirk
is
discerned
from
the
false
,
and
who
shall
be
Iudge
of
the
Doctrine
.
BEcause
that
Sathan
from
the
beginning
has
laboured
to
deck
his
pestilent
Synagogue
with
the
title
of
the
Kirk
of
God
,
and
has
inflammed
the
hearts
of
cruel
murtherers
,
to
persecute
,
trouble
,
and
molest
the
true
Kirk
,
and
Members
thereof
,
as
Cain
did
Ab●l
,
Ishmael
Isaac
,
Esau
Jacob
,
and
the
whole
Priesthood
of
the
Jews
,
Christ
Jesus
himself
,
and
his
Apostles
after
him
.
It
is
one
thing
most
requisite
,
that
the
true
Kirk
be
discerned
from
the
filthy
Synagogues
,
by
clear
,
and
perfect
Notes
,
lest
we
being
deceived
,
receive
and
embrace
to
our
own
condemnation
,
the
one
for
the
other
.
The
notes
,
signs
,
and
assured
tokens
,
whereby
the
immaculate
Spouse
of
Christ
Jesus
is
known
from
the
horrible
Harlot
,
the
Kirk
Malignant
,
we
affirm
,
are
neither
Antiquity
,
Title
usurped
,
Lineal
descent
,
Place
appointed
,
nor
Multitude
of
men
approving
ane
error
:
Cain
in
Age
and
Title
was
preferred
to
Abel
and
Seth
:
Jerusalem
had
prerogative
above
all
places
of
the
earth
,
where
also
were
the
Priests
lineally
descended
from
Aaron
.
And
greater
numbers
followed
the
Scribes
,
Pharisees
,
and
Priests
,
than
unfeignedly
believed
and
approved
Christ
Jesus
,
and
his
Doctrine
:
And
yet
as
we
suppose
,
no
man
of
sound
judgment
will
grant
,
that
any
of
the
forenamed
were
the
Kirk
of
God
.
The
notes
therefore
of
the
true
Kirk
of
God
,
we
believe
,
confess
,
and
avow
to
be
,
first
,
the
true
preaching
of
the
Word
of
God
,
in
the
which
God
has
revealed
himself
unto
us
,
as
the
Writings
of
the
Prophets
and
Apostles
do
declare
.
Secondly
,
the
right
Administration
of
the
Sacraments
of
Christ
Iesus
,
which
must
be
annexed
unto
the
word
,
and
promise
of
God
,
to
seal
,
and
confirm
the
same
in
our
hearts
.
Lastly
,
Ecclesiastical
Discipline
uprightly
ministred
,
as
God's
Word
prescribes
,
whereby
Vice
is
repressed
,
and
Vertue
nourished
.
Wheresoever
then
these
former
notes
are
seen
,
and
of
any
time
continue
(
be
☜
the
number
never
so
few
,
about
two
or
three
)
there
without
all
doubt
is
the
true
Kirk
of
Christ
,
who
according
unto
his
promise
,
is
in
the
midst
of
them
:
Not
that
universal
,
of
which
we
have
before
spoken
,
but
particular
,
such
as
was
in
Corintbus
,
Galatia
,
Ephesus
,
and
other
places
,
in
which
the
Ministry
was
planted
by
Paul
,
and
were
of
himself
named
the
Kirks
of
God
:
and
such
Kirks
we
the
Inhabitants
of
the
Realm
of
Scotland
,
Professors
of
Christ
Jesus
,
profess
our selves
to
have
in
our
Cities
,
Towns
,
and
places
reformed
:
For
the
Doctrine
taught
in
our
Kirks
is
contained
in
the
written
Word
of
Godto
wit
,
in
the
Books
of
the
Old
&
New
Testament
,
in
those
Books
,
we
mean
,
which
of
the
Ancients
have
been
reputed
Canonical
.
In
the
which
we
affirm
,
that
all
things
necessary
to
be
believed
,
for
the
salvation
of
Mankind
,
is
sufficiently
expressed
.
The
interpretation
whereof
,
we
confess
,
neither
appertains
to
private
nor
publick
persons
,
neither
yet
to
any
Kirk
▪
for
any
preheminence
,
or
prerogative
,
personally
and
locally
,
which
one
has
above
another
,
but
appertains
to
the
Spirit
of
God
,
by
the
which
also
the
Scripture
was
written
.
When
controversie
then
happens
,
for
the
right
understanding
of
any
place
,
or
sentence
of
Scripture
,
or
for
the
reformation
of
any
abuse
within
the
Kirk
of
God
,
we
ought
not
so
much
to
look
what
men
before
us
have
said
or
done
,
as
unto
that
which
the
H.
Ghost
uniformly
speaks
,
within
the
body
of
the
Scriptures
,
and
unto
that
which
Christ
Iesus
himself
did
,
and
commanded
to
be
done
.
For
this
is
one
thing
universally
granted
,
that
the
Spirit
of
God
,
which
is
the
Spirit
of
Unity
,
is
in
nothing
contrarious
unto
himself
.
If
then
the
Interpretation
,
Determination
,
or
Sentence
of
any
Doctor
,
Kirk
or
Council
,
repugne
to
the
plain
word
of
God
,
written
in
any
other
place
of
the
Scripture
,
it
is
a
thing
most
certain
,
that
there
is
not
the
true
understanding
&
meaning
of
the
Holy
Ghost
,
altho
that
Coun
cils
,
Realms
and
Nations
have
approved
,
and
received
the
same
:
For
we
dare
not
receive
nor
admit
any
interpretation
,
which
repugnes
to
any
principal
point
of
our
faith
,
or
to
any
other
plain
text
of
Scripture
,
or
yet
unto
the
rule
of
charity
.
XIX
.
Of
The
Authority
of
the
Scriptures
.
AS
we
believe
,
and
confess
the
Scriptures
of
God
sufficient
to
instruct
,
and
make
the
man
of
God
perfect
;
so
do
we
affirm
,
and
avow
the
Authority
of
the
same
,
to
be
of
God
,
and
neither
to
depend
on
Men
,
nor
Angels
.
We
affirm
therefore
,
that
such
as
alledg
the
Scripture
,
to
have
no
other
Authority
,
but
that
which
it
has
received
from
the
Kirk
,
to
be
blasphemous
against
God
,
and
●njurious
to
the
true
Kirk
,
which
always
hears
,
and
obeys
the
voice
of
her
own
Spouse
,
and
Pastor
,
but
takes
not
upon
her
to
be
Mistres
over
the
same
.
XX.
Of
General
Councils
,
of
their
Power
,
Authority
,
and
cause
of
their
Convention
.
AS
we
do
not
rashly
damn
that
which
godly
men
assembled
together
in
General
Council
,
lawfully
gathered
,
have
proponed
unto
us
;
so
without
just
examination
,
dare
we
not
receive
whatsoever
is
obtruded
unto
men
under
the
name
of
General
Councils
:
For
plain
it
is
,
as
they
were
men
,
so
have
some
of
them
manifestly
erred
,
and
that
in
matters
of
great
weight
and
importance
.
So
far
then
as
the
Council
proves
the
determination
,
and
commandment
that
it
gives
,
by
the
plain
word
of
God
,
so
soon
do
we
reverence
and
embrace
the
same
.
But
if
men
under
the
name
of
a
Council
,
pretend
to
forge
unto
us
new
Articles
of
our
Faith
,
or
to
make
Constitutions
repugning
to
the
Word
of
God
,
then
utterly
we
must
refuse
the
same
,
as
the
Doctrine
of
Devils
,
which
draws
our
souls
from
the
voice
of
our
only
God
,
to
follow
the
Doctrines
and
Constitutions
of
men
.
The
cause
then
why
that
General
Councils
conveened
,
was
neither
to
make
any
perpetual
Law
,
which
God
before
had
not
made
,
neither
yet
to
forge
new
Articles
of
our
☜
Belief
,
nor
to
give
the
Word
of
God
Authority
,
much
less
to
make
that
to
be
his
Word
,
or
yet
the
true
Interpretation
of
the
same
,
which
was
not
before
,
by
his
holy
will
,
expressed
in
his
word
:
But
the
cause
of
Councils
(
we
mean
of
such
as
merit
the
name
of
Councils
)
was
partly
for
confutation
of
Heresies
,
and
for
giving
publick
confession
of
their
Faith
to
Posterity
following
,
which
both
they
did
by
the
authority
of
Gods
written
Word
,
and
not
by
any
Opinion
or
Prerogative
,
that
they
could
not
erre
,
by
reason
of
their
general
Assembly-And
this
we
judg
to
have
been
the
chief
cause
of
General
Councils
.
The
other
was
for
good
Policy
,
and
Order
to
be
constitute
,
and
observed
in
the
Kirk
,
in
which
(
as
in
the
house
of
God
)
it
becomes
,
all
things
to
be
done
decently
,
and
in
order
.
Not
that
we
think
,
that
any
policy
,
and
order
in
Ceremonies
,
can
be
appointed
for
all
ages
,
times
,
and
places
:
For
as
Ceremonies
,
such
as
men
have
devised
,
are
but
temporal
,
so
may
,
and
ought
they
to
be
changed
,
when
they
rather
foster
Superstition
,
than
that
they
edifie
the
Kirk
,
using
the
same
.
XXI
.
Of
the
Sacraments
.
AS
the
Fathers
under
the
Law
,
besides
the
verity
of
the
Sacrifices
,
had
two
chief
Sacraments
,
to
wit
,
Circumcision
and
the
Passeover
,
the
despisers
and
contemners
whereof
were
not
reputed
of
Gods
People
;
so
do
we
acknowledg
and
confess
,
that
we
now
in
the
time
of
the
Evangel
,
have
two
chief
Sacraments
only
instituted
by
the
Lord
Jesus
,
and
commanded
to
be
used
of
all
these
that
will
be
re●uted
Members
of
his
Body
;
to
wit
,
Baptism
,
and
the
Supper
or
Table
of
the
Lord
Jesus
,
called
the
Communion
of
his
Body
and
Blood
.
And
these
Sacraments
as
well
of
Old
,
as
New
Testament
,
were
instituted
of
God
,
not
only
to
make
a
visible
difference
betwixt
his
People
,
and
these
that
were
without
his
League
;
but
also
to
exercise
the
faith
of
his
Children
,
and
by
participation
of
the
same
Sacraments
to
seal
in
their
hearts
the
assurance
of
his
promise
,
and
of
that
most
blessed
conjunction
,
union
and
society
,
which
the
Elect
have
with
their
,
Head
Christ
Jesus
.
And
thus
we
utterly
damn
the
vanity
of
them
,
that
affirm
Sacraments
to
be
nothing
else
but
naked
and
bare
signs
.
No
,
we
assuredly
believe
,
that
by
Baptism
we
are
ingrafted
in
Christ
Jesus
,
to
be
made
pertakers
of
his
Justice
,
by
which
our
sins
are
covered
and
remitted
.
And
also
that
in
the
Supper
rightly
used
,
Christ
Jesus
is
so
joyned
with
us
,
that
he
becomes
very
nourishment
,
and
food
of
our
souls
.
Not
that
we
imagine
any
Transubstantiation
of
Bread
into
Christs
natural
Body
,
&
of
Wine
into
his
natural
Blood
,
as
the
Papists
have
perniciously
taught
,
and
damnably
believed
;
but
this
Union
and
Conjunction
which
we
have
with
the
Body
and
Blood
of
Christ
Iesus
,
in
the
right
use
of
the
Sacraments
,
is
wrought
by
the
operation
of
the
Holy
Ghost
,
who
by
true
faith
carries
us
above
all
things
that
are
visible
,
carnal
,
and
earthly
,
and
makes
us
to
feed
upon
the
Body
and
Blood
of
Christ
Iesus
,
which
was
once
broken
and
shed
for
us
;
who
now
is
in
Heaven
,
and
appears
in
the
presence
of
his
Father
for
us
:
And
yet
notwithstanding
the
far
distance
of
place
which
is
betwixt
his
body
now
glorified
in
Heaven
,
and
us
now
mortal
in
this
earth
;
yet
we
most
assuredly
believe
,
that
the
bread
which
we
break
,
is
the
Communion
of
Christs
Body
,
and
the
Cup
which
we
bless
,
is
the
Communion
of
his
Blood
.
So
that
we
confess
,
and
undoubtedly
believe
that
the
faithful
in
the
right
use
of
the
Lords
Table
,
do
so
eat
the
Body
and
drink
the
Blood
of
the
Lord
Iesus
,
that
he
remains
in
them
,
and
they
in
him
.
Yea
,
they
are
so
made
flesh
of
his
flesh
,
and
bone
of
his
bones
,
that
as
the
eternal
Godhead
has
given
to
the
flesh
of
Christ
Iesus
(
which
of
its
own
condition
and
nature
,
was
mortal
and
corruptible
)
life
and
immortality
;
so
does
Christ
Iesus
his
flesh
and
blood
eaten
and
drunken
by
us
,
give
unto
us
the
same
Prerogatives
.
Which
albeit
we
confess
are
neither
given
unto
us
at
that
time
only
,
neither
yet
by
the
proper
power
and
virtue
of
the
Sacrament
only
;
yet
we
affirm
that
the
faithful
in
the
right
use
of
the
Lords
Table
has
such
Conjunction
with
Christ
Iesus
,
as
the
natural
man
cannot
apprehend
.
Yea
,
and
further
we
affirm
,
That
albeit
the
faithful
oppressed
by
negligence
,
and
manly
infirmity
,
does
not
profit
,
so
much
as
they
would
,
in
the
very
instant
Action
of
the
Supper
;
yet
shall
it
after
bring
fruit
forth
,
as
lively
seed
sown
in
good
ground
.
For
the
Holy
Spirit
which
can
never
be
divided
from
the
right
Institution
of
the
Lord
Iesus
,
will
not
frustrate
the
faithful
of
the
fruit
of
that
mystical
Action
;
but
all
this
,
we
say
,
comes
of
true
faith
,
which
apprehends
Christ
Iesus
,
who
only
makes
this
Sacrament
effectual
unto
us
.
And
therefore
whosoever
slanders
us
,
as
that
we
affirm
or
believe
Sacraments
to
be
naked
and
bare
signs
,
do
injury
unto
us
,
and
speak
against
the
manifest
truth
.
But
this
liberally
and
frankly
we
consess
,
that
we
make
a
distinction
betwixt
Christ
Iesus
in
his
Eternal
substance
,
and
betwixt
the
Elements
in
the
sacramental
signs
;
so
that
we
will
neither
worship
the
signs
in
the
place
of
that
which
is
signified
by
them
;
neither
yet
do
we
despise
and
interpret
them
as
junprofitable
and
vain
,
but
do
use
them
with
all
reverence
,
examining
our selves
diligently
,
before
that
so
we
do
;
because
we
are
assured
by
the
mouth
of
the
Apostle
,
that
such
as
eat
of
that
Bread
,
and
drink
of
that
Cup
unworthily
,
are
guilty
of
the
Body
,
and
Blood
of
Christ
Iesus
.
XXII
.
Of
the
right
Administration
of
the
Sacraments
.
THAT
Sacraments
be
rightly
ministred
,
we
judge
two
things
requisite
:
the
one
,
that
they
be
ministred
by
lawful
Ministers
,
whom
we
affirm
to
be
only
these
that
are
appointed
to
the
preaching
of
the
word
,
into
whose
mouths
God
has
put
some
sermon
of
Exhortation
,
they
being
men
lawfully
chosen
thereto
by
some
Kirk
.
The
other
,
that
they
be
ministred
in
such
Elements
,
and
in
such
sort
as
God
has
appointed
,
else
we
affirm
that
they
cease
to
be
the
right
Sacraments
☞
of
Christ
Jesus
.
And
therefore
it
is
,
that
we
fly
the
Doctrine
of
the
Papistical
Kirk
in
participation
of
their
Sacraments
.
First
,
because
their
Ministers
are
no
Ministers
of
Christ
Jesus
;
yea
(
which
is
more
horrible
)
they
suffer
Women
,
whom
the
Holy
Ghost
will
not
suffer
to
teach
in
the
Congregation
,
to
Baptize
.
And
secondly
,
because
they
have
so
adulterated
both
the
one
Sacrament
,
and
the
other
,
with
their
own
inventions
,
that
no
part
of
Christs
Action
☞
abides
in
the
original
purity
:
For
Oyl
,
Salt
,
Spitle
,
and
such
like
in
Baptism
,
are
but
mens
inventions
;
Adoration
,
Veneration
,
bearing
throw
Streets
and
Towns
,
and
keeping
of
bread
in
boxes
,
are
Prophanation
of
Christs
Sacraments
,
and
no
use
of
the
same
.
For
Christ
Jesus
said
,
Take
,
eat
,
&c.
do
ye
this
in
rememberance
of
me
:
By
which
words
and
charge
he
sanctified
Bread
and
Wine
to
the
Sacrament
of
his
Holy
Body
and
Blood
,
to
the
end
that
the
one
should
be
eaten
,
and
that
all
should
drink
of
the
other
,
and
not
that
they
should
be
keeped
to
be
worshipped
,
and
honoured
as
God
,
as
the
Papists
have
done
heretofore
,
who
also
commited
Sacriledg
,
stealing
from
the
people
the
one
part
of
the
Sacrament
,
to
wit
,
the
blessed
Cup.
Moreover
,
that
the
Sacraments
be
rightly
used
,
it
is
required
,
that
the
end
,
and
cause
why
the
Sacraments
were
institute
,
be
understood
and
observed
,
as
well
of
the
Ministers
as
the
Receivers
:
For
if
the
opinion
be
changed
in
the
Receiver
,
the
right
use
ceases
,
which
is
most
evident
by
the
rejection
of
the
Sacrifice
;
as
also
if
the
Teacher
plainly
teach
false
Doctrines
,
which
were
odious
and
abominable
before
God
(
albeit
they
were
his
own
Ordinance
)
because
that
wicked
men
use
them
to
another
end
than
God
has
ordained
:
The
same
affirm
we
of
the
Sacraments
in
the
Papistical
Kirk
;
in
which
we
affirm
the
whole
action
of
the
Lord
Iesus
to
be
adulterated
,
as
well
in
the
external
form
,
as
in
the
end
and
opinion
.
What
Christ
Iesus
did
,
and
commanded
to
be
done
,
is
evident
by
the
Evangelists
,
and
by
Saint
Paul
:
What
the
Priest
does
at
his
Altar
we
need
not
to
rehearse
.
The
end
and
cause
of
Christs
institution
,
and
why
the
selfsame
should
be
used
,
is
expressed
in
these
words
,
Do
ye
this
in
rememberance
of
me
;
as
oft
as
ye
shall
eat
of
this
bread
,
and
drink
of
this
cup
,
ye
shall
shew
forth
,
that
is
,
extol
,
preach
,
magnifie
and
praise
the
Lords
death
,
till
he
come
.
But
to
what
end
,
and
in
what
opinion
,
the
Priests
say
their
Mass
,
let
the
words
of
the
same
,
their
own
Doctors
;
and
Writings
witness
:
to
wit
,
that
they
,
as
Mediators
betwixt
Christ
and
his
Kirk
,
do
offer
unto
God
the
Father
,
a
Sacrifice
propitiatory
for
the
sins
of
the
quick
and
the
dead
;
Which
Doctrine
as
blasphemous
to
Christ
Jesus
,
and
making
derogation
to
the
sufficiency
of
his
only
sacrifice
,
once
oftered
for
Purgation
of
all
these
that
shall
be
sanctified
,
we
utterly
abhor
,
detest
,
and
renounce
.
XXIII
.
To
whom
Sacraments
appertain
WE
confess
and
acknowledg
,
that
Baptism
appertains
as
well
to
the
Infants
of
the
faithful
,
as
unto
them
that
be
of
age
,
and
discretion
;
and
so
we
damn
the
error
of
the
Anabaptists
,
who
deny
Baptism
to
appertain
to
children
,
before
that
they
have
Faith
,
and
Understanding
:
but
the
Supper
of
the
Lord
,
we
confess
to
appertain
to
such
only
as
be
of
the
houshold
of
Faith
,
and
can
try
and
examine
themselves
,
as
well
in
their
Faith
,
as
in
their
duty
towards
their
Neighbours
.
Such
as
eat
,
and
drink
at
that
holy
Table
,
without
Faith
,
or
being
at
dissension
,
and
division
with
their
brethren
,
do
eat
unworthily
.
And
therefore
it
is
,
that
in
our
Kirk
,
our
Ministers
take
publick
,
and
particular
examination
of
the
knowledg
,
and
conversation
of
such
as
are
to
be
admitted
to
the
Table
of
the
Lord
Jesus
.
XXIV
.
Of
the
Civil
Magistrate
.
WE
confess
and
acknowledg
,
Empires
,
Kingdoms
,
Dominions
and
Cities
,
to
be
distincted
,
and
ordained
by
God
:
the
powers
and
authority
in
the
same
,
be
it
of
Emperors
in
their
Empires
,
of
Kings
in
their
Realms
,
Dukes
and
Princes
in
their
Dominions
,
and
of
other
Magistrates
in
the
Cities
,
to
be
Gods
holy
Ordinance
,
ordained
for
manifestation
of
his
own
Glory
,
and
for
the
singular
profit
,
and
commodity
of
Mankind
:
So
that
whosoever
goeth
about
to
take
away
,
or
to
confound
the
whole
state
of
Civil
Policies
,
now
long
established
,
we
affirm
the
same
men
,
not
only
to
be
enemies
to
mankind
,
but
also
wickedly
to
fight
against
God's
express
will
.
We
farther
confess
and
acknowledg
,
that
such
persons
as
are
placed
in
Authority
are
to
be
loved
,
honoured
,
feared
,
and
holden
in
most
reverent
estimation
;
because
that
they
are
the
Lieutenants
of
God
,
in
whose
Sessions
God
himself
does
sit
and
judg
:
yea
,
even
the
Iudges
and
Princes
themselves
,
to
whom
by
God
is
given
the
sword
,
to
the
praise
and
defence
of
good
men
,
and
to
revenge
and
punish
all
open
malefactors
.
Moreover
to
Kings
,
Princes
,
Rulers
and
Magistrates
,
we
affirm
,
that
chiefly
and
most
principally
the
conservation
and
purgation
of
the
Religion
appertains
;
so
that
not
only
they
are
appointed
for
Civil
Policy
,
but
also
for
maintenance
of
the
true
Religion
,
and
for
suppressing
of
Idolatry
and
Superstition
whatsoever
,
as
in
David
,
Iehosaphat
Ezechias
,
I●sias
,
and
others
highly
commended
for
their
zeal
,
in
that
case
,
may
be
espied
.
And
therefore
we
confess
and
avow
,
that
such
as
resist
the
supreme
Power
,
doing
that
thing
which
appertains
to
his
charge
do
resist
Gods
Ordinance
:
and
☜
therefore
cannot
be
guiltless
.
And
farther
we
affirm
,
that
whosoever
denies
unto
them
their
aid
,
counsel
and
comfort
,
whist
the
Princes
and
Rulers
vigilantly
travel
in
execution
of
their
Office
,
that
☜
the
same
men
deny
their
help
,
support
,
and
counsel
to
God
,
who
by
the
presence
of
his
Lieutenant
does
crave
it
of
them
.
XXV
.
Of
the
gifts
,
freely
given
to
the
Kirk
.
ALbeit
the
word
of
God
truly
preached
,
and
the
Sacraments
rightly
ministred
,
and
Discipline
executed
,
according
to
the
word
of
God
,
be
the
certain
and
infallible
signs
of
the
true
Kirk
;
we
mean
not
,
that
every
particular
person
joyned
with
such
company
,
be
an
elect
member
of
Christ
iesus
:
For
we
acknowledg
and
confess
,
that
dornel
,
cockle
and
chaff
,
may
be
sown
,
grow
,
and
in
great
abundancely
in
the
midst
of
the
wheat
;
that
is
,
the
Reprobate
may
be
joyned
in
the
society
of
the
Elect
,
and
may
externally
use
with
them
the
benefits
of
the
word
and
Sacraments
:
But
such
being
but
temporal
professors
,
in
mouth
,
but
not
in
heart
,
do
fall
back
,
and
continue
not
to
the
end
:
And
therefore
have
they
no
fruit
of
Christs
Death
,
Resurrection
,
nor
Ascension
:
but
such
as
with
heart
unfeignedly
believe
,
&
with
mouth
boldly
confess
the
Lord
Iesus
,
as
before
we
have
said
,
shall
most
assuredly
receive
these
gifts
.
First
,
In
this
life
,
remission
of
sins
,
and
that
by
only
Faith
in
Christs
blood
,
in
so
much
,
that
albeit
sin
remains
,
and
continually
abides
in
these
our
mortal
bodies
,
yet
it
is
not
imputed
unto
us
,
but
is
remitted
,
and
covered
with
Christs
Justice
.
Secondly
,
in
the
general
Judgment
there
shall
be
given
,
to
everyman
,
and
woman
,
resurrection
of
the
flesh
:
for
the
Sea
shall
give
her
dead
;
the
Earth
these
that
therein
be
inclosed
:
yea
,
the
Eternal
God
shall
stretch
out
his
hand
on
the
dust
,
and
the
dead
shall
arise
uncorruptible
,
and
that
in
the
substance
of
the
self-same
flesh
that
every
man
now
bears
,
to
receive
according
to
their
works
,
glory
,
or
punishment
:
For
such
as
now
delight
in
vanity
,
cruelty
,
filthiness
,
superstition
or
idolatry
,
shall
be
adjudged
to
the
fire
unquenchable
,
in
which
they
shall
be
tormented
for
ever
,
as
well
in
their
bodies
as
in
their
souls
,
which
now
they
give
to
serve
the
Devil
in
all
abomination
.
But
such
as
continue
in
well-doing
to
the
end
,
boldly
professing
the
Lord
Jesus
,
we
constantly
believe
,
that
they
shall
receive
glory
,
honour
and
immortality
,
to
reign
for
ever
in
life
everlasting
with
Christ
Iesus
,
to
whose
glorified
body
all
his
Elect
shall
be
made
like
,
when
he
shall
appear
again
in
Iudgment
,
&
shall
render
up
the
Kingdom
to
God
his
Father
,
who
then
shall
be
,
and
ever
shall
remain
,
in
all
things
,
God
blessed
for
ever
:
To
whom
,
with
the
Son
,
and
with
the
Holy
Ghost
,
se
all
honour
and
glory
now
and
ever
.
So
be
it
.
Arise
O
Lord
,
and
let
thine
enemies
be
confounded
,
let
them
flee
from
thy
presence
that
hate
thy
godly
Name
.
Give
thy
Servants
strength
to
speak
thy
Word
in
boldness●
;
and
let
all
Nations
cleave
to
thy
true
Knowledge
Amen
.
Thir
Acts
,
and
Articles
,
were
read
in
the
face
of
Parliament
,
and
ratified
by
the
three
Estates
,
at
Edinburgh
,
the
17.
day
of
August
,
the
year
of
God
1560.
years
.
Act
I.
6.
P.
1.
C.
8.
Anno
1567.
Anent
the
Kings
Aith
to
be
given
at
His
Coronation
.
ITem
,
Because
that
the
increase
of
vertue
,
&
suppressing
of
Idolatrie
,
craves
,
that
the
Prince
,
and
the
People
be
of
ane
perfite
Religion
,
quhilk
of
Gods
mercie
is
now
presently
professed
,
within
this
Realm
:
Therefore
it
is
statute
,
and
ordained
,
be
our
Soveraign
Lord
,
my
Lord
Regent
,
and
the
three
Estates
of
this
present
Parliament
,
that
all
Kings
,
and
Princes
,
or
Magistrats
whatsoever
,
holding
their
place
,
quhilk
hereafter
in
any
time
sall
happen
to
reigne
,
and
bear
rule
over
this
realm
,
at
the
time
of
their
Coronation
,
and
receipt
of
their
Princely
Authoritie
,
make
their
faithfull
promise
be
aith
,
in
presence
of
the
eternal
God
,
that
during
the
haill
course
of
their
lives
,
they
sall
serve
the
samin
eternall
God
,
to
the
uttermost
of
their
power
,
according
as
he
hes
required
in
his
maist
haly
Word
▪
revieled
and
contained
in
the
new
,
and
auld
Testaments
:
And
,
according
to
the
samin
word
,
sall
maintaine
the
trew
Religion
of
Christ
Iesus
,
the
preaching
of
his
halie
word
,
and
due
and
right
ministration
of
the
Sacraments
,
now
received
,
and
preached
within
this
realme
.
And
sall
abolish
,
and
gainstand
all
false
Religion
,
contrare
to
the
samin
:
And
sall
rule
the
people
committed
to
their
charge
,
according
to
the
will
,
and
command
of
God
,
revealed
in
his
foresaid
Word
,
and
according
to
the
laudable
Lawes
,
and
Constitutions
,
received
in
this
realme
,
nawise
repugnant
to
the
said
Word
of
the
eternal
God
:
And
sall
procure
to
the
uttermaist
of
their
power
,
to
the
Kirk
of
God
,
and
haill
Christian
people
,
trew
and
perfite
peace
,
in
all
time
cumming
:
The
Rights
,
and
rents
,
with
all
just
Priviledges
of
the
Croun
of
Scotland
,
to
preserve
,
and
keep
inviolated
nouther
sall
they
transfer
,
nor
alienate
the
samin
:
They
sall
forbid
,
and
represse
,
in
all
estates
,
and
degrees
reife
,
oppression
,
and
all
kinde
of
wrang
.
In
all
judgements
,
they
sall
command
,
and
procure
that
justice
,
and
equitie
de
keeped
to
all
creatures
,
without
exception
,
as
the
Lord
and
father
of
all
mercies
be
mereyful
to
them
.
And
out
of
their
Lands
,
and
Empyre
,
they
sall
be
carefull
to
root
out
all
heretikes
,
and
enemies
to
the
trew
worship
of
God
,
that
shall
be
convict
be
the
trew
Kirk
of
God
,
of
the
foresaid
crymes
;
And
that
they
fall
faithfullie
affirme
the
things
above
written
be
their
solemn
aith
.
Act.
J.
6.
P.
1.
C.
9.
Anno
1567.
No
person
may
be
judge
,
Procurator
,
Notar
,
nor
Member
of
Court
,
quha
professis
not
the
Religion
.
ITem
,
The
Kings
grace
,
with
advice
of
my
Lord
Regent
,
and
the
three
Estates
of
this
present
Parliament
,
statutes
and
ordains
,
That
no
manner
of
person
,
nor
persons
,
be
received
,
in
any
times
hereafter
,
to
bear
publick
office
removabill
of
judgment
,
within
this
Realm
,
but
sik
as
profess
the
puritie
of
Religion
and
Doctrine
,
now
presently
established
.
And
that
nane
be
permitted
to
procure
,
nor
admitted
Notar
,
or
created
a
M●mber
of
Court
,
in
any
time
coming
,
without
he
in
likewise
professe
the
Evangel
,
and
Religion
foresaid
.
Providing
alwayes
,
that
this
Act
be
on
no
-
wise
extended
to
any
manner
of
person
,
or
persons
,
havand
their
offices
heritable
or
in
life-rent
,
but
that
they
may
use
the
samin
,
conforme
to
their
infeftments
,
and
dispositions
granted
to
them
thereof
:
Which
Act
was
thereafter
Anno
1609.
explained
and
extended
in
this
manner
.
Part
of
the
Act
I.
6.
P.
2.
C.
5.
Anno
1609.
intituled
&c.
AND
that
the
Act
made
in
His
Highness
first
Parliament
,
bearing
that
nane
that
professe
not
the
true
Religion
,
presently
professed
,
within
this
Realm
,
may
be
judge
,
Procurator
or
Member
of
Court
,
be
extended
to
all
and
whatsomever
offices
,
without
any
exception
,
or
restriction
,
in
all
time
coming
.
Act.
J.
6.
P.
3.
C.
47.
Anno
1572.
Adversaries
of
the
true
Religion
are
not
Subjects
of
the
King
.
Of
Apostats
.
ITem
,
Forsameikle
as
there
hes
been
great
rebellion
,
and
disobedience
against
our
Soveraign
Lords
authoritie
,
in
time
bypast
,
and
seeing
the
cause
of
Gods
true
Religion
,
and
His
Highness
authoritie
foresaid
,
are
so
joyned
,
as
the
hurt
of
the
ane
is
common
to
baith
.
It
is
therefore
declared
,
statute
,
and
ordained
,
by
our
Soveraign
Lord
,
with
advice
and
consent
of
his
Regents
grace
,
with
the
three
Estates
,
and
hail
bodie
of
this
present
Parliament
:
That
nane
shall
be
repute
as
loyal
,
and
faithful
Subjects
to
our
said
Soveraign
Lord
,
or
his
Authority
,
but
be
punishable
,
as
Rebellars
,
and
Gainstanders
of
the
samine
,
quhilk
shall
not
give
their
confession
,
and
make
their
profession
of
the
said
true
Religion
:
And
that
all
sik
as
makes
profession
thereof
,
and
yet
hes
made
defection
fra
their
dew
obedience
ought
to
our
Soveraign
Lord
,
shall
be
admonished
be
the
Pastors
,
and
Ministers
of
the
Kirk
,
to
acknowledge
their
offence
,
and
turn
to
their
dutieful
obedience
:
And
,
if
they
failzie
therein
,
to
be
excommunicat
,
and
secluded
from
the
Society
of
the
Kirk
,
as
rebellious
,
and
corrupt
Members
,
betwixt
and
the
first
of
Jun:
nixt
to
come
;
and
that
alwayes
before
sik
persons
as
hes
made
defection
be
received
to
our
Soveraign
Lords
mercie
,
and
favour
,
they
shall
give
the
Confession
of
their
Faith
,
of
new
,
and
promise
to
continue
in
the
Confession
of
the
true
Religion
,
in
time
coming
,
and
maintaine
our
Soveraign
Lords
Authoritie
,
and
that
they
shall
at
the
utmost
of
their
power
,
fortifie
,
assist
and
maintaine
,
the
true
Preachers
,
and
Professors
of
Christs
Religion
,
against
whatsomever
enemies
,
and
gainstanders
of
the
same
;
and
namely
,
against
all
sik
of
whatsomever
Nation
,
Estate
,
or
degree
they
be
of
,
that
hes
joyned
,
and
bound
themselves
,
or
hes
assisted
,
or
assist
to
set
forward
,
and
execut
the
cruel
decreits
of
the
Councel
of
Trent
,
(
quhilk
most
injuriously
is
called
by
the
adversaries
of
Gods
Truth
,
the
halie
league
)
contrary
the
Preachers
,
and
true
Professors
of
the
Word
of
God
.
Many
other
Acts
,
and
these
most
peremptory
,
and
strict
,
against
the
Popish
Religion
,
as
Idolatrie
,
and
very
pernicious
to
the
Kingdom
,
might
here
be
added
;
But
these
are
set
down
as
most
apposite
to
the
purpose
,
and
the
rest
may
be
seen
at
length
in
the
printed
Acts
of
Parliament
.
Act
Ch.
2.
P.
2.
C.
1.
Anno
1669.
Act
asserting
His
Majesties
Supremacy
over
all
Persons
,
and
in
all
Causes
Ecclesiastik
.
THE
Estates
of
Parliament
having
seriously
considered
,
how
necessary
it
is
,
for
the
good
,
and
peace
of
Church
and
State
,
that
His
Majesties
Power
,
and
Authoritie
,
in
relation
to
maters
,
and
Persons
Ecclesiastical
,
be
more
clearly
asserted
,
by
ane
Act
of
Parliament
:
Have
therefore
thought
fit
it
be
enacted
,
asserted
,
and
declared
:
Likeas
,
His
Majestie
,
with
advice
,
and
consent
of
his
Estates
of
Parliament
,
doth
hereby
enact
;
assert
,
and
declare
,
that
His
Majesty
hath
the
supreme
Authority
,
and
Supremacie
over
all
Persons
,
and
in
all
causes
Ecclesiastical
within
this
his
Kingdom
:
And
that
by
vertue
thereof
,
the
ordering
,
and
disposal
of
the
external
Government
,
and
Policie
of
the
Church
,
doth
properly
belong
to
His
Majestie
,
and
his
Successors
,
as
ane
inherent
right
of
the
Crown
,
and
that
His
Majesty
,
and
his
Successors
,
may
setle
,
enact
,
and
emit
such
Constitutions
,
Acts
,
and
Orders
,
concerning
the
administration
of
the
external
Government
of
the
Church
,
and
the
Persons
imployed
in
the
same
,
and
concerning
all
Ecclesiastical
meetings
,
and
maters
,
to
be
proposed
,
and
determined
therein
,
as
they
,
in
their
Royal
Wisdom
shall
think
fit
.
Which
Acts
,
Orders
,
and
Constitutions
,
being
recorded
in
the
Books
of
Councel
,
and
duelie
published
,
are
to
be
observed
,
and
obeyed
by
all
His
Majesties
Subjects
,
any
Law
,
Act
,
or
Custom
,
to
the
contrary
,
notwithstanding
:
likeas
,
His
Majesty
,
with
advice
,
and
consent
foresaid
,
doth
rescind
,
and
annull
all
Lawes
.
Acts
,
and
Clauses
thereof
,
and
all
Customs
,
and
Constitions
,
Civil
,
or
Ecclesiastick
,
which
are
contrary
to
,
or
inconsistent
with
His
Majesties
Supremacy
,
as
it
is
hereby
asserted
,
and
declares
the
same
void
,
and
null
,
in
all
time
coming
.
The
Bishop
of
Aberdeen
,
and
the
Synods
Explanation
of
the
Test.
I.
WE
do
not
hereby
swear
to
all
the
particular
Assertions
and
Expressions
of
the
Confession
of
Faith
;
mentioned
in
the
Test
,
but
only
to
the
uniform
Doctrine
of
the
Reformed
Churches
contained
therein
.
II.
We
do
not
hereby
prejudg
the
Church's
Right
to
,
and
Power
of
making
any
alteration
in
the
said
Confession
,
as
to
the
ambiguity
and
obscure
expressions
thereof
,
or
of
☞
making
a
more
unexceptionable
frame
.
III.
When
we
swear
,
That
the
King
is
Supreme
Governour
over
all
Persons
,
and
in
all
Causes
,
as
well
Ecclesiastick
as
Civil
:
and
when
we
swear
to
assert
and
defend
all
His
Majesties
Rights
and
Prerogatives
;
this
is
reserving
always
the
intrinsick
unalterable
☞
power
of
the
Church
,
immediately
derived
from
Jesus
Christ
,
to
wit
the
power
of
the
Keys
,
consisting
in
the
preaching
of
the
Word
,
administration
of
the
Sacraments
,
ordaining
of
Pastors
,
exercise
of
Discipline
,
and
the
holding
of
such
Assemblies
as
are
necessary
for
preservation
of
Peace
and
Unity
,
Truth
and
Purity
in
the
Church
:
and
withal
we
do
not
hereby
think
,
that
the
King
has
a
power
to
alter
the
Government
of
the
Church
at
his
pleasure
.
IV.
When
we
swear
,
That
it
is
unlawful
for
subjects
to
meet
or
conveen
,
to
treat
or
consult
,
&c.
about
matters
of
State
,
Civil
,
and
Ecclesiastick
;
this
is
excepting
meetings
for
Ordination
,
publick
Worship
and
Discipline
,
and
such
meetings
as
are
necessary
for
the
conservation
of
the
Church
and
true
Protestant
Religion
.
V.
When
we
swear
,
there
lyes
no
obligation
on
us
,
&c.
to
endeavour
any
change
or
alteration
in
Government
,
either
in
Church
or
State
,
we
mean
by
Arms
,
or
any
seditious
☜
way
.
VI.
When
we
swear
,
That
we
take
the
Test
in
the
plain
and
genuine
sense
of
the
words
,
&c.
we
understand
it
only
in
so
far
as
it
does
not
contradict
these
Exceptions
.
☜
The
Explanation
of
the
Test
,
by
the
Synode
and
Clergy
of
Perth
.
BEcause
our
Consciences
require
the
publishing
and
declaring
of
that
express
meaning
we
have
in
taking
the
Test
,
that
we
be
not
mis-interpreted
to
swear
it
in
these
glosses
which
men
uncharitable
to
it
,
and
enemies
to
us
,
are
apt
to
put
upon
it
:
and
because
some
men
,
ill
affected
to
the
Government
,
who
are
daily
broachers
of
odious
and
calumnious
slanders
against
our
Persons
and
Ministry
,
are
apt
to
deduce
inferences
and
conclusions
from
the
alledged
ambiguity
of
some
Propositions
of
the
☜
Test
,
that
we
charitably
and
firmly
do
believe
were
never
intended
by
the
Imposers
,
nor
received
by
the
Takers
:
Therefore
to
satisfie
our
Consciences
,
and
to
save
our
Credit
from
these
unjust
imputations
,
we
expresly
declare
,
That
we
swear
the
Test
in
this
following
meaning
.
I.
By
taking
the
Test
,
we
do
not
swear
to
every
Proposition
and
Clause
contained
in
the
Confession
of
Faith
,
but
only
to
the
true
Protestant
Religion
,
founded
upon
the
Word
of
God
,
contained
in
that
Confession
,
as
it
is
opposed
to
Popery
and
Fanaticism
.
II.
By
swearing
the
Ecclesiastick
Supremacy
,
we
swear
it
as
we
have
done
formerly
,
without
any
reference
to
the
assertory
Act
:
we
also
reserve
intire
unto
the
Church
it
s
own
intrinsick
and
unalterable
power
of
the
Keys
,
as
it
was
exercised
by
the
Apostles
,
and
the
pure
primitive
Church
,
for
the
first
three
Centuries
.
III.
By
swearing
,
That
it
is
unlawful
to
convocate
,
conveen
or
assemble
in
any
Councils
,
Conventions
or
Assemblies
,
to
treat
,
consult
,
&c.
in
any
matter
of
State
,
Civil
or
Ecclesiastick
,
as
we
do
not
evacuate
our
natural
liberty
,
whereby
we
are
in
freedom
,
innocently
without
reflection
upon
,
or
derogation
to
Authority
,
or
persons
intrusted
with
it
,
to
discourse
in
any
occasional
meeting
of
these
things
;
so
we
exclude
not
those
other
meetings
which
are
necessary
for
the
well-being
and
Discipline
of
the
Church
.
IV.
By
our
swearing
it
unlawful
to
endeavour
any
change
or
alteration
in
the
Government
,
either
of
Church
or
State
,
we
mean
,
that
it
is
unlawfal
for
us
to
endeavour
☜
the
alteration
of
the
specifick
Government
of
Monarchy
in
the
true
and
lineal
Descent
,
and
Episcopacy
.
V.
When
we
swear
in
the
genuine
and
literal
sense
,
&c.
we
understand
it
so
far
as
☜
it
is
not
opposite
or
contradictory
to
the
foresaid
exceptions
.
They
were
allowed
to
insert
after
the
Oath
,
before
their
Subscriptions
,
these
words
,
or
to
this
purpose
.
We
Under-written
do
take
this
Oath
according
to
the
Explanation
made
by
the
Council
,
approved
by
His
Majesties
Letter
:
and
we
declare
,
we
are
no
further
bound
by
this
Oath
.
A
Paraphrase
on
the
Test
emitted
by
one
of
the
conformed
Clergy
.
I
A.
B.
solemnly
swear
,
in
presence
of
the
Eternal
God
,
whom
I
invocate
as
judge
,
and
witness
of
my
sincere
intention
of
this
my
Oath
.
That
I
A.
B.
being
fully
assured
,
without
the
least
doubt
or
hesitation
of
the
truth
of
all
that
I
am
now
to
assert
,
and
of
the
lawfulness
of
all
that
I
am
now
to
promise
;
Do
in
the
most
solemn
manner
,
swear
in
the
sight
,
and
presence
of
the
Eternal
God
,
whom
I
here
call
upon
to
witness
against
me
in
the
Great
Day
,
and
to
pass
Sentence
of
Condemnation
upon
me
,
if
I
affirm
any
thing
,
by
this
my
Oath
,
of
the
certainty
whereof
I
am
not
fully
assured
,
or
promise
any
thing
of
the
lawfulness
whereof
I
have
any
scruples
,
and
which
I
am
not
sincerely
resolved
to
perform
,
viz.
That
I
own
,
and
sincerely
profess
the
true
Protestant
Religion
,
contained
in
the
Confession
of
Faith
recorded
in
the
first
Parliament
of
James
the
VI
&c.
That
I
cordially
own
,
&
without
any
dissimulation
,
profess
the
true
Protestant
Religion
:
And
because
there
are
many
doctrines
,
and
opinions
that
pass
under
that
name
,
that
it
may
be
known
what
I
do
mean
by
the
true
Protestant
Religion
,
I
declare
,
That
I
own
that
Confession
of
Faith
,
which
is
recorded
in
the
first
Parliament
of
King
James
the
VI.
as
the
true
test
,
and
standard
thereof
:
And
that
I
believe
the
same
to
be
founded
on
,
and
agreeable
to
the
written
Word
of
God
.
And
because
it
would
not
be
a
just
standard
,
if
some
part
of
it
were
taken
,
and
others
left
,
unless
these
parts
,
that
are
to
be
sworn
to
,
were
expresly
condescended
on
by
the
same
Authority
whereby
it
is
imposed
:
For
if
it
were
left
arbitrary
,
for
every
one
to
pitch
on
these
parts
of
it
he
pleases
,
as
the
measure
of
his
Faith
,
it
would
be
useless
for
the
end
for
which
it
is
adduced
:
Therefore
I
embrace
the
whole
Confession
,
and
do
swear
by
the
same
solemn
Oath
,
That
I
believe
every
Article
,
and
every
Proposition
therein
to
be
true
,
as
being
evidently
founded
on
,
and
agreeable
to
the
Word
of
God
.
As
for
instance
,
Art.
3.
I
swear
by
this
my
solemn
Oath
,
That
Adam's
Transgression
is
commonly
called
Original
Sin
.
And
Art.
12.
That
men
have
as
little
hand
in
their
Regeneration
and
Sanctification
,
as
they
have
in
their
Creation
and
Redemption
.
And
Art.
14.
That
to
suppress
Tyranny
,
is
one
of
the
good
works
of
the
Second
Table
,
most
pleasing
,
and
acceptable
to
God
,
and
commanded
by
himself
;
the
contrary
whereof
is
〈◊〉
sin
most
odious
,
which
always
displeaseth
,
and
provokes
him
to
anger
:
that
is
,
When
the
Civil
Mastrate
comes
to
act
arbitrarily
,
and
against
Law
,
when
he
invades
the
established
Religion
,
the
Priviledges
of
Parliament
,
or
the
Liberties
,
and
Properties
of
Subjects
,
he
is
to
be
opposed
and
resisted
.
Or
when
our
Ecclesiastical
Superiors
usurp
a
Dominion
over
the
Inferior
Clergy
,
or
behave
themselves
as
Lords
over
Gods
Heritage
,
or
require
absolute
obedience
to
their
Dictates
,
and
Determinations
,
they
are
to
be
withstood
,
and
born
down
.
And
as
it
is
in
the
same
Article
,
I
swear
,
That
I
believe
,
our
resistance
of
these
whom
God
hath
placed
in
Authority
over
us
,
is
a
sin
,
when
they
do
not
pass
over
the
bounds
of
their
Office
,
but
if
they
pass
over
these
bounds
,
it
is
a
duty
to
resist
them
;
which
is
evident
being
compared
with
the
former
Proposition
,
and
the
practices
of
them
who
composed
the
Confession
.
And
in
the
same
Article
I
swear
,
and
believe
all
these
to
be
evil
works
in
matters
of
Religion
,
and
the
worship
of
God
,
which
have
no
other
assurance
but
the
invention
,
and
opinion
of
men
.
So
that
whatsoever
our
Superiors
determine
in
this
matter
,
tho
only
for
Decency
,
if
they
cannot
shew
it
to
be
clearly
founded
on
the
Word
of
God
,
it
is
to
be
looked
on
as
an
evil
work
;
And
I
swear
,
I
shall
so
reckon
it
.
Art.
16.
I
swear
,
That
I
think
it
blasphemy
to
affirm
,
that
men
who
live
acording
to
natural
light
,
and
moral
equity
,
shall
be
saved
;
unless
they
profess
the
Christian
Religion
:
And
that
out
of
the
true
Church
there
is
neither
life
,
nor
eternal
felicity
.
So
that
I
not
only
condemn
all
Pagans
and
Papists
to
Hell
fire
,
but
I
declare
upon
Oath
,
That
I
think
it
Blasphemy
to
affirm
the
contrary
.
And
Art.
18.
I
believe
,
That
Ecclesiastical
Discipline
,
rightly
administred
,
as
Gods
Word
prescribeth
,
is
as
essential
a
note
of
the
true
Church
,
as
the
right
administration
of
the
Word
,
and
Sacraments
;
So
that
the
Church
of
England
,
or
any
other
Church
,
that
has
not
Discipline
rightly
administred
,
tho
they
have
the
Word
,
and
Sacraments
pure
,
and
uncorrupted
,
wants
an
essential
Note
of
a
true
a
Church
.
And
Art.
21.
I
declare
,
That
I
perfectly
understand
this
Proposition
,
and
do
solemnly
swear
,
that
it
's
true
,
that
the
faithful
,
in
the
right
use
of
the
Lords
Table
,
are
so
made
flesh
of
his
flesh
,
and
bone
of
his
bone
,
that
as
the
eternal
Godhead
has
given
to
the
flesh
of
Iesus
Christ
(
which
of
its
own
condition
and
nature
,
was
mortal
,
and
corruptible
)
Life
,
and
Immortality
,
so
does
Christ
Iesus
his
flesh
,
and
blood
,
eaten
▪
and
drunken
by
us
,
give
unto
us
the
same
Prerogatives
.
And
Art.
22.
I
declare
,
and
swear
by
this
my
solemn
Oath
,
That
the
Ministers
of
the
Church
of
Rome
are
not
Ministers
of
Iesus
Christ
,
and
that
they
have
no
true
Sacraments
;
So
that
our
first
Reformers
having
both
their
Baptism
,
and
Ordination
from
them
,
we
have
neither
among
us
truly
baptized
persons
,
nor
rightly
ordained
Ministers
And
Art
24
I
believe
,
That
the
resisting
the
Supreme
Power
doing
that
which
appertains
to
his
charge
is
to
resist
the
Ordinance
of
God
.
So
that
to
resist
,
when
he
goes
beyond
his
charge
,
is
not
to
resist
the
Ordinance
of
God
,
but
to
repress
Tyranny
,
according
to
Art.
14
And
I
promise
and
swear
,
That
I
shall
adhere
thereto
,
during
all
the
days
of
my
life
,
&
shall
endeavour
to
educate
my
children
therein
,
&
shall
never
consent
to
any
change
contrary
thereto
:
And
that
I
disown
all
such
Doctrines
,
whether
Popish
or
Fanatical
,
which
are
contrary
to
&
inconsistent
with
the
true
Protestant
Religion
,
&
this
Confession
of
Faith
All
these
Propositions
,
and
every
thing
contained
therein
,
I
firmly
believe
,
and
embrace
,
and
I
promise
,
and
swear
,
that
I
shall
adhere
to
them
,
so
long
as
I
live
,
without
ever
changing
my
opinion
about
them
,
and
that
I
shall
carefully
educate
my
children
according
to
them
;
i.
e.
I
shall
teach
them
to
repress
Tyranny
,
and
if
the
Authority
should
make
any
alteration
in
the
said
Confession
,
or
any
of
the
Propositions
therein
,
I
swear
,
that
I
shall
neuer
consent
thereto
:
And
I
swear
also
,
That
I
shall
renounce
all
Principles
,
Doctrines
and
Practices
,
whether
Popish
or
Fanatical
which
are
contrary
to
any
Article
,
or
proposition
of
the
foresaid
Confession
of
Faith
.
And
for
testification
of
my
obedience
to
my
most
Gracious
Soveraign
,
Charles
the
Second
,
I
do
affirm
,
and
swear
,
by
this
my
solemn
Oath
,
That
the
Kings
Majesty
is
the
only
Supreme
Governour
over
this
Realm
,
over
all
Persons
,
and
Causes
,
as
well
Ecclesiastick
,
as
Civil
;
and
that
no
Foreign
Prince
,
&c.
As
I
have
declared
my
Faith
toward
God
,
so
now
to
testifie
,
that
I
am
a
good
Subject
to
the
King
,
I
affirm
,
and
swear
by
this
my
solemn
Oath
,
That
the
Kings
Majesty
is
the
onely
Supreme
Governour
over
all
Persons
,
not
only
Civil
,
but
also
Ecclesiastical
:
By
which
I
understand
that
Ecclesiastical
Supremacy
which
the
Parliament
by
Act
,
Nov.
1669.
has
declared
to
belong
to
him
,
as
an
inherent
Right
of
the
Crown
:
By
vertue
whereof
,
His
Majesty
,
and
Successors
,
may
dispose
of
the
external
Governement
,
and
Policy
of
the
Church
,
as
they
please
;
i.
e.
of
all
Church-Government
,
there
being
no
other
Government
exercised
in
the
Church
by
men
,
but
that
which
is
external
:
And
that
they
may
settle
,
enact
,
and
emit
any
Constitutions
,
Acts
or
Orders
,
concerning
the
Government
,
or
persons
employed
therein
,
and
concerning
all
Ecclesiastical
meetings
,
and
matters
to
be
proposed
,
and
determined
therein
,
as
they
shall
think
fit
:
So
that
I
affirm
,
that
His
Majesty
,
and
Successors
,
may
alter
,
change
,
or
abolish
the
form
of
Church-Government
,
now
established
by
Law
:
that
he
may
commit
it
into
the
hands
of
persons
of
a
different
Religion
,
from
what
is
presently
professed
in
this
Realm
:
that
he
may
discharge
all
meetings
of
Synods
,
Presbyteries
,
and
Sessions
for
ever
:
Or
if
he
shall
please
to
continue
them
,
that
he
may
chuse
one
delegated
,
or
deputed
by
himself
,
to
propose
,
and
determine
all-matters
therein
,
as
he
thinks
●it
:
That
he
may
by
vertue
of
his
Supreme
Power
,
iuhibit
Church-Officers
to
meet
,
or
meddle
in
any
matter
,
eisher
Doctrine
,
or
Discipline
,
without
his
special
Order
:
to
persue
,
or
process
any
Delinquent
,
or
to
consider
of
means
to
prevent
any
change
,
or
alteration
in
Religion
,
tho
it
should
be
in
never
so
great
hazard
,
except
only
as
he
shall
determine
,
and
appoint
therein
:
All
which
he
may
do
by
himself
,
and
his
Councill
without
any
new
Law
,
or
Act
of
Parliament
:
And
I
affirm
,
&
swear
,
that
tho
any
of
His
Majesties
Successors
shall
happen
to
be
of
another
Religion
(
as
God
forbid
,
)
yet
all
this
Ecclesiastical
Power
does
belong
to
him
,
it
being
declared
to
be
an
inherent
Right
in
the
Crown
,
and
so
not
to
belong
to
him
as
a
Christian
,
or
Protestant
Magistrate
,
but
as
a
Magistrate
precisely
.
And
to
my
power
I
shall
defend
all
Rights
.
Jurisdictions
,
Prerogatives
,
Priviledges
,
Preheminencies
belonging
to
His
Majesty
,
and
lawful
Successors
.
And
also
I
swear
by
this
my
solemn
Oath
,
that
so
far
as
I
am
able
,
I
shall
assist
,
and
defend
His
Majesties
Rights
,
and
Prerogatives
,
which
because
I
do
not
know
,
therefore
whatsoever
the
King
,
and
Parliament
,
or
King
,
and
Council
,
shall
declare
to
belong
to
him
,
as
a
Right
,
Jurisdiction
,
and
Prerogative
,
either
in
Civil
or
Ecclesiastical
Affairs
,
either
concerning
Religion
,
Liberty
,
or
Property
,
by
Ecclesiastical
Supremacy
,
I
swear
,
I
shall
own
,
and
approve
,
assist
,
and
defend
the
same
,
as
far
as
possibly
I
can
.
And
further
I
affirm
,
and
swear
by
this
my
solemn
Oath
,
That
I
judge
it
unlawful
for
Subjects
,
upon
pretext
of
Reformation
,
or
any
other
pretence
whatsoever
,
to
enter
into
Covenants
,
or
Leagues
,
or
to
convocate
,
conveene
,
or
assemble
in
any
Council
,
Convocation
,
or
Assembly
,
to
treat
,
consult
or
determine
in
any
matter
of
State
,
Civil
,
or
Ecclesiastick
,
without
His
Majesties
special
Licence
,
or
express
Warrant
had
thereto
;
or
to
take
up
Arms
against
the
King
,
or
those
commissionated
by
him
:
And
that
I
shall
never
so
rise
in
Arms
,
nor
enter
into
such
Covenants
or
Assemblies
,
&c
And
I
further
swear
,
That
I
think
it
utterly
unlawful
for
any
Subject
,
of
whatsoever
quality
,
or
condition
,
many
or
few
,
for
whatsoever
Cause
,
not
only
to
make
any
Covenants
,
but
not
so
much
as
to
meet
together
in
any
kind
of
Meeting
,
to
hear
,
see
,
or
consult
about
any
matter
belonging
to
the
Civil
,
or
Ecclesiastical
Estate
,
without
His
Majesties
special
Command
,
and
express
Licence
:
So
that
whatsoever
corruption
,
or
abuse
may
be
in
the
Civil
Government
,
through
the
fault
of
the
King
.
or
Council
;
or
whatsoever
hazard
or
danger
the
true
Religion
,
and
Church
of
God
,
within
this
land
,
may
be
in
,
I
judg
it
unlawful
for
any
Subject
,
whether
Pastors
,
or
others
,
to
meet
together
,
that
they
may
consider
what
way
to
remedy
,
or
prevent
the
same
;
tho
it
were
only
by
humble
Addresses
,
and
Petitions
:
And
I
s●ear
.
That
there
can
never
fall
out
a
Case
wherein
Subjects
may
rise
in
Arms
against
their
King
,
or
any
Commissionated
by
him
,
even
though
it
were
meerly
to
defend
themselves
,
tho
never
so
cruelly
persecuted
,
and
invaded
by
any
who
pretend
his
Name
,
and
Authority
:
And
I
promise
and
swear
;
That
if
any
shall
rise
in
Arms
or
meet
together
,
in
a
peaceable
way
,
for
the
ends
foresaid
,
that
I
shall
never
joyn
with
them
.
And
that
there
lies
no
Obligation
on
me
from
the
National
Covenant
,
or
the
Solemn
League
and
Covenant
,
so
commonly
called
,
or
any
manner
of
way
whatsoever
,
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
,
&c.
And
I
also
affirm
,
and
swear
by
this
Oath
,
That
there
lies
no
Obligation
on
me
,
either
by
the
National
,
or
Solemn
League
and
Covenant
,
or
any
other
way
imaginable
whatsoever
,
to
endeavour
the
least
change
,
or
alteration
in
the
Government
,
either
in
Church
,
or
State
,
as
they
are
now
established
:
So
that
I
am
never
to
endeavour
any
alteration
,
not
only
in
the
Civil
Government
,
but
also
in
the
Govern.
of
the
Church
,
as
it
is
now
established
among
us
,
though
it
should
be
found
never
so
prejudicial
to
Religion
,
to
His
Majesties
Service
,
or
to
the
good
of
the
Countrey
.
Yea
,
whatever
corruptions
may
come
to
be
in
either
of
the
Govern.
I
swear
,
That
I
am
obliged
never
to
endeavour
the
least
alteration
of
them
.
And
particularly
,
1.
As
to
the
Ecclesiastical
Govern.
it
being
established
by
the
Civil
Magistrate
,
I
am
never
to
endeavour
that
it
may
be
setled
by
the
consent
of
the
Church
.
2.
The
Bishops
,
by
the
Act
of
Restitution
,
Art.
1.
Ses.
2.
Par.
1.
Char
▪
2.
being
allowed
to
inflict
Censures
,
and
to
exercise
all
other
Discipline
,
only
with
advice
,
and
consent
of
such
of
the
Clergy
,
as
shall
be
found
to
be
of
known
loyalty
and
prudence
:
yet
tho
they
should
utterly
neglect
Synods
,
and
Presbyteries
,
and
call
only
such
Ministers
as
they
please
,
tho
it
were
but
Two
,
or
Three
;
and
let
them
make
Canons
concerning
Doctrine
,
and
Worship
,
suspend
,
and
depose
Ministers
,
inflict
the
highest
Censures
,
either
upon
Church-men
,
or
Laicks
,
I
am
not
to
endeavour
an
alteration
of
these
things
.
3.
There
being
no
Obligation
on
them
by
that
Law
which
gives
them
their
Legal
Establishment
,
either
to
reside
in
their
Diocesses
,
or
to
visit
their
Churches
,
or
to
hold
but
one
Benefice
,
I
am
to
use
no
endeavour
that
this
may
be
helped
.
4.
They
being
by
the
same
Act
only
accountable
to
His
Majesty
,
I
am
not
to
endeavour
that
they
may
be
accountable
to
the
Church
,
tho
they
be
convicted
in
a
National
Synod
,
for
any
of
their
Administrations
.
5.
Whereas
by
the
Act
establishing
a
National
Synod
,
Act
4.
Ses.
2.
Par.
1.
Char.
2.
the
Moderators
of
every
Presbytery
,
who
are
nominated
to
that
Office
by
the
Bishop
,
are
appointed
to
be
of
the
Commissioners
,
for
the
National
Synod
,
and
the
Moderators
,
declared
to
have
a
Negative
Voice
for
the
chusing
of
the
other
Commissioners
:
And
so
the
whole
Asse●bly
is
nominated
by
the
Bishops
.
And
it
being
further
enacted
,
That
nothing
is
to
be
debated
and
considered
in
the
said
Assembly
,
but
as
it
is
proposed
by
His
Majesty
,
and
Successors
:
And
that
the
Archbishop
of
St.
Andrews
,
as
President
of
the
Assembly
,
is
declared
to
have
a
Negative
Voice
,
not
only
in
the
whole
Synod
,
but
even
on
His
Majesty
himself
:
So
that
whatever
should
be
agreed
on
by
all
the
rest
of
the
Bishops
,
and
Clergy
,
His
Majesty
consenting
thereto
,
yet
it
cannot
be
concluded
,
and
emitted
,
without
consent
of
the
President
:
Yet
I
am
to
affirm
,
and
swear
,
That
I
am
not
to
endeavour
the
alteration
of
any
of
these
things
:
And
that
there
lies
no
Obligation
on
me
,
either
from
respect
to
Religion
,
or
duty
to
my
Prince
,
and
Native
Countrey
,
or
any
regard
to
Episcopacy
,
or
any
other
manner
of
way
whatsoever
,
to
endeavour
the
least
change
of
any
of
these
fore-mentioned
.
And
I
promise
and
swear
,
That
I
shall
from
henceforth
,
with
my
utmost
power
,
defend
,
assist
,
and
maintain
His
Majesties
Jurisdiction
foresaid
,
against
all
deadly
,
&c.
And
I
shall
never
decline
His
Majesties
Jurisdiction
,
as
I
shall
answer
to
God
,
&c.
And
finally
,
I
affirm
and
swear
by
this
,
&c.
That
I
shall
not
only
submit
unto
,
but
that
I
shall
own
,
and
approve
His
Majesties
Jurisdiction
;
i
e.
all
●is
Rig●ts
,
and
Prerogatives
,
especially
his
Ecclesiastical
Supremacy
:
Yea
,
that
I
shall
with
my
utmost
power
,
both
of
body
,
and
mind
,
defend
,
and
maintain
the
same
,
against
all
creatures
whatsoever
:
And
tho
His
Majesty
should
by
himself
,
or
any
Laick
deputed
by
him
,
inflict
a
Church-censure
,
or
an
Excommunication
it self
,
yet
I
shall
never
decline
this
his
Power
and
Jurisdiction
,
as
I
shall
answer
to
God
,
at
the
great
day
.
And
finally
,
I
affirm
and
swear
,
That
this
my
solemn
Oath
is
given
in
the
plain
genuine
meaning
of
t●e
words
,
without
any
equivocation
,
mental
reservation
,
or
any
manner
of
evasion
whatsoever
,
and
that
I
shall
not
accept
,
or
use
any
dispensation
from
any
creature
whatsoever
.
So
help
me
God
,
&c.
And
lastly
,
I
affirm
and
swear
,
That
I
have
sworn
all
these
things
,
in
the
pla●●
sense
and
meaning
of
the
words
,
not
only
without
equivocation
,
or
mental
reservation
,
bu●
without
any
manner
of
evasion
whatsoever
,
So
that
I
renounce
all
senses
,
and
glosses
and
explications
whatsoever
,
which
seem
any
way
disagreeable
to
the
plain
sense
of
the
words
of
this
Oath
,
as
they
are
commonly
understood
by
me●
.
And
that
as
I
shall
not
accept
,
or
use
any
dispensation
from
any
creature
whatsoever
▪
so
I
shall
never
make
use
,
orrely
upon
such
glosses
,
as
explications
to
help
me
out
▪
or
set
me
free
from
Perj●ry
.
Wherefore
being
fully
perswaded
of
the
truth
▪
and
lawfulness
of
all
that
I
have
now
sworn
,
and
as
sincerely
resolved
to
perform
it
,
in
every
Ar●icle
thereof
,
I
do
confidently
pray
to
God
to
help
me
to
this
Grace
to
do
so
:
and
I
wish
he
may
make
me
so
speed
,
here
and
hereafter
,
as
I
am
perswaded
and
resolved
.
1.
An
Oath
being
considered
b●
all
men
who
have
any
sense
of
a
Deity
,
as
a
most
Sacred
Bond
,
and
of
the
straitest
Obligation
;
It
's
to
be
presumed
,
that
no
man
who
truely
fears
God
,
will
rashly
adventure
on
it
:
For
if
I
affirm
any
thing
upon
Oath
,
of
the
truth
whereof
I
am
not
certain
;
or
if
I
promise
any
thing
,
of
the
justice
,
or
lawfulness
whereof
I
have
any
doubt
,
or
which
I
am
not
fully
resolved
to
perform
,
I
make
my self
guilty
of
Perjury
;
which
even
the
most
barbarous
Nations
have
ever
looked
on
as
the
foulest
of
Crimes
;
For
it
's
both
the
greatest
affront
that
can
be
put
on
God
,
in
calling
him
to
be
Judge
,
and
Witness
to
a
Lye
;
and
one
of
the
greatest
injuries
that
can
be
done
to
men
,
in
overthrowing
the
best
security
,
and
chiefest
ground
of
trust
that
they
have
:
It
were
therefore
to
be
wished
,
that
Oaths
were
never
imposed
,
except
in
cases
of
absolute
necessity
:
For
it
is
certain
,
that
the
most
part
of
●en
being
acted
●ore
by
interest
then
by
conscience
,
will
be
too
easily
perswaded
to
swallow
them
▪
,
that
they
may
shun
a
present
inconveniency
,
whatever
da●ger
or
damage
it
m●y
import
to
them
in
the
Life
to
come
:
And
it
has
been
always
observed
,
that
these
w●o
have
been
most
forward
to
take
Oaths
,
are
most
forward
to
break
them
,
2.
But
all
who
truely
fear
the
Lord
,
who
prefer
the
peace
of
their
Conscience
to
their
worldly
interest
▪
and
who
look
more
to
the
things
▪
that
are
not
seen
,
then
to
the
things
that
are
seen
,
will
think
themselves
obliged
to
advise
well
before
they
adventure
on
an
Oath
,
that
if
they
swear
at
all
▪
they
may
do
it
as
the
Lord
himself
requires
▪
Jer.
4
,
2.
in
truth
,
in
judgment
,
and
in
righteousness
;
i
e.
that
they
know
what
they
affirm
to
be
true
,
and
what
they
promise
to
be
just
,
and
righteous
;
and
that
in
neither
of
these
they
be
rash
or
inconsiderate
,
but
have
their
judgments
truly
informed
,
and
sufficiently
instructed
in
both
:
If
a
man
be
uncertain
or
doubtful
in
any
of
these
,
he
is
by
no
means
to
adventure
on
an
Oath
,
but
rather
to
suffer
the
loss
of
all
things
than
to
take
it
.
3.
Now
if
an
Oath
containing
one
single
Proposition
▪
and
contrived
in
the
plainest
,
and
easiest
terms
,
ought
to
be
diligently
weighed
,
and
pondered
before
it
can
be
taken
,
how
much
more
such
an
Oath
as
this
,
which
consists
of
so
many
different
,
and
various
matters
:
Some
of
which
are
not
only
doubtful
,
and
uncertain
in
themselves
(
to
say
no
worse
)
but
in
the
judgment
of
wise
,
and
sober
men
▪
inconsistent
one
with
another
.
4.
It
's
granted
by
all
,
that
this
Oath
cannot
be
taken
,
without
several
glosses
,
and
explications
.
And
these
which
are
commonly
offered
,
cannot
be
admitted
for
divers
Reasons
.
1.
Because
they
seem
to
overthrow
the
genuine
sense
,
and
meaning
of
the
Oath
.
2.
Because
in
the
Oath
,
we
swear
,
That
we
take
it
in
the
plain
genuine
sense
,
and
meaning
of
the
words
,
without
any
equivocation
,
mental
reservation
,
or
evasion
whatsoever
:
So
that
altho
these
glosses
should
be
conceived
in
the
plainest
terms
,
and
we
suffered
to
write
them
down
under
our
hands
;
and
so
cannot
come
under
the
notion
of
equivocation
or
mental
reservation
;
yet
that
cannot
but
be
considered
as
evasions
,
it
being
only
by
the
help
of
them
that
we
pretend
to
escape
the
fearful
crime
of
perjury
.
3
There
is
no
Authority
that
can
give
us
Explications
,
but
the
same
who
has
imposed
the
Oath
,
that
is
the
King
,
and
Parliament
.
For
tho
the
King
,
and
Lords
of
Council
,
and
Session
,
be
considered
as
Interpreters
and
Explainers
of
the
Laws
,
yet
that
is
only
in
matters
of
Right
,
or
Wrong
,
to
which
men
ought
to
submit
:
But
it
's
another
thing
in
matter
of
an
Oath
:
For
that
is
always
to
be
taken
only
in
the
sense
of
the
Imposers
:
And
we
being
required
not
to
submit
to
it
but
to
swear
to
it
,
no
Explication
given
by
any
other
,
but
by
him
,
or
them
who
gives
us
the
Oath
,
can
secure
or
quiet
our
Consciences
.
4.
These
Explications
,
tho
given
by
the
same
Authority
who
imposed
the
Oath
,
seem
both
useless
,
and
unsafe
,
unless
published
,
and
recorded
as
the
Oath
it self
;
otherways
the
Explication
will
soon
be
forgotten
,
whereas
the
Oath
stands
still
as
it
was
.
5.
It
must
be
also
considered
,
that
tho
men
take
this
Test
,
it
seems
it
will
not
secure
them
in
their
places
:
For
why
may
not
the
same
alterations
be
made
in
the
Church
which
are
made
in
the
State
,
the
Supreme
Power
,
and
Prerogative
being
alike
over
both
?
And
tho
this
Argument
will
be
of
small
force
unto
some
,
yet
it
may
have
its
own
weight
unto
others
6.
If
it
be
said
,
That
divers
Articles
,
and
Parts
of
the
Test
,
are
asserted
,
and
enacted
by
former
Laws
,
as
partly
,
that
against
meeting
,
conveening
,
or
Assembling
to
treat
,
consult
,
&c.
which
is
in
the
very
same
terms
discharged
and
forbidden
,
not
only
by
Act.
4.
Sess
1.
Par.
1
,
Char.
2.
but
also
by
an
old
Law
,
Act.
31.
Par.
8.
James
6.
It
is
answered
,
That
there
is
this
considerable
difference
therein
in
those
Acts
,
viz.
that
the
ordinary
judgments
are
excepted
:
And
it
is
not
without
reason
,
that
this
clause
is
left
out
here
,
and
it
is
one
thing
to
submit
to
a
Law
,
another
to
swear
it
.
7.
But
some
may
say
,
that
we
have
already
sworn
the
Oath
of
Supremacy
;
to
which
they
who
took
it
before
the
year
1669.
had
little
,
or
no
ground
of
scruple
,
but
by
the
Act
assertory
,
the
Supremacy
being
declared
to
be
quite
another
thing
than
ever
it
was
understood
before
,
there
are
many
conscientious
men
,
and
the
best
friends
to
Episcopacy
,
who
cannot
take
that
Oath
now
,
though
that
alone
should
be
made
the
Test
:
As
for
others
of
the
Clergy
who
have
ta●en
it
since
that
Act
of
Parliament
,
they
were
told
by
the
Bishop
that
administred
it
to
them
,
that
the
Assertory
Act
had
no
relation
to
the
Oath
;
and
therefore
they
gave
it
them
only
in
the
old
sense
,
whereby
they
were
perswaded
to
take
it
:
But
now
the
matter
is
put
beyond
all
doubt
:
For
the
Kings
Ecclesiastical
Supremacy
▪
as
it
is
explained
in
the
Act
,
being
declared
to
be
an
inherent
Right
of
the
Crown
;
and
we
swearing
in
the
Test
,
to
maintain
,
and
defend
all
His
Majesties
Rights
and
Prer●gatives
,
we
do
clearly
swear
to
own
and
maintain
the
Supremacy
,
as
itis
there
asserted
and
declared
.
8.
But
we
are
told
,
we
should
not
oppose
our
sentiments
to
the
wisdom
of
the
Nation
:
And
if
the
meaning
of
this
be
,
that
we
ought
to
reverence
our
Superiours
,
submit
to
their
Laws
,
and
live
peaceably
under
their
Government
,
it
is
willingly
granted
:
But
if
the
meaning
of
the
Test
be
,
that
we
are
to
believe
whatsoever
they
say
,
blindly
swear
whatever
they
bid
us
,
this
is
to
erect
an
infallible
chair
in
the
State
,
in
the
stead
of
the
Church
,
which
is
a
new
unheard
of
piece
of
Popery
.
But
if
we
stand
out
,
and
refuse
the
Test
,
how
shall
the
Credit
and
Honour
of
Authority
be
saved
?
It
were
to
be
wished
it
did
consult
its
own
Credit
more
,
before
the
making
of
any
Laws
,
and
Edicts
;
for
there
cannot
be
too
great
deliberation
used
,
in
enacting
such
things
as
are
to
oblige
the
whole
Nation
at
present
,
and
their
Posterity
for
the
time
to
come
:
And
much
more
heed
ought
to
be
had
in
appointing
an
Oath
to
be
sworn
by
the
most
considerable
part
thereof
.
If
our
Ecclesiastik
Superiors
had
been
so
kind
,
and
just
to
themselves
,
and
their
Clergy
,
as
to
have
consulted
the
wisest
of
their
Presbyters
within
the
Kingdom
,
it
's
like
it
might
have
prevented
much
of
this
inconveniency
:
But
now
that
it
's
done
,
all
who
can
take
this
Oath
with
a
clear
Conscience
let
them
take
it
,
and
much
good
may
it
do
them
:
But
as
for
these
who
cannot
take
it
,
let
them
suffer
patiently
the
penaltly
inflicted
by
the
Law
;
and
let
them
behave
themselves
orderly
,
and
peaceably
,
without
making
any
rent
in
the
State
,
or
Schism
in
the
Church
,
and
without
reflecting
on
their
Governours
:
Ye●
,
that
it
may
be
seen
by
all
men
they
are
acted
by
Principles
of
Conscience
:
And
this
seems
to
be
the
best
way
that
is
now
left
for
salving
the
Credit
of
Authority
:
And
yet
many
wise
men
think
,
that
it
would
be
no
reflection
on
Authority
,
if
His
Majesty
,
out
of
his
Goodness
,
finding
how
great
a
Grievance
the
urging
of
the
Test
is
like
to
prove
to
his
best
and
most
loyal
Subjects
,
which
could
not
be
so
well
known
till
it
was
tryed
,
should
suspend
the
Execution
of
the
Law
till
further
advice
.
It
obligeth
us
to
swear
,
That
we
believe
the
Confession
recorded
in
the
1.
Par.
James
6.
is
founded
on
,
and
agreeable
to
the
written
Word
of
God
:
Now
if
there
be
but
one
single
proposition
in
that
Confession
,
either
false
,
or
dubious
,
not
exprest
in
,
or
clearly
deduced
from
the
Scriptures
,
can
we
swea●
it
with
a
good
Conscience
?
Surely
whoever
reads
it
with
understanding
,
will
find
many
things
doubtful
,
and
uncertain
at
least
.
But
it
deserves
to
be
particularly
remarked
,
that
it
contains
Doctrines
which
manifestly
cross
the
many
ends
of
the
Test
:
This
was
certainly
designed
to
guard
and
engage
men
against
Fanatical
principles
,
and
yet
for
all
that
,
it
obliges
all
that
swear
it
to
own
the
most
capital
,
and
fundamental
principles
of
those
who
are
called
Fanatiks
.
They
maintain
,
that
our
obedience
to
the
supreme
Magistrate
is
to
be
limited
;
and
that
if
he
be
an
enemy
to
the
Truth
,
and
Cause
of
God
,
Subjects
may
take
up
Arms
against
him
.
2.
They
maintain
,
That
nothing
is
to
be
allowed
in
the
worship
of
God
,
but
what
is
prescribed
in
his
Word
:
Were
not
these
the
Principles
that
embroiled
these
Kingdoms
,
that
raised
a
Combustion
,
and
that
turned
all
things
upside
down
,
both
in
Church
and
State
?
And
are
not
these
Principles
plainly
taught
in
this
Confession
?
It
is
reckoned
,
Art.
15
▪
a
duty
to
repress
Tyranny
;
and
to
disobey
,
and
resist
Kings
,
is
a
sin
,
with
this
caution
and
limitation
(
while
they
pass
not
over
the
bounds
of
their
Office
,
or
do
that
thing
which
appertains
to
their
charge
.
)
And
in
like
manner
,
the
assistance
we
ow
them
is
cautioned
,
and
limited
,
[
while
they
vigilantly
travel
in
the
execution
of
their
Office
]
.
Is
not
this
the
very
Doctrine
of
the
Solemn
League
and
Covenant
by
which
they
bind
themselves
to
defend
the
Kings
Majesty's
Person
and
Authority
,
in
the
preservation
,
and
defence
of
the
true
Religion
,
and
Liberties
of
the
Kingdom
?
Let
any
but
read
Spotswood's
History
of
the
Resormation
,
Anno
1558
,
1559
,
1560.
among
others
;
how
Subjects
did
bind
themselves
by
Oaths
,
and
Subscriptions
,
to
assist
one
another
for
advancing
the
Cause
of
Religion
;
how
by
the
advice
of
the
Ministers
,
they
deprived
the
Queen
Regent
of
her
Government
,
and
this
very
year
this
Confession
was
compiled
,
and
ratified
in
Parliament
.
And
I
am
sure
there
can
remain
no
doubt
about
the
sense
of
the
Confession
in
this
point
.
But
to
render
the
matter
beyond
exception
,
It
is
declared
rebellious
,
and
treasonable
by
Act
of
Parliament
,
for
Subjects
to
put
limitations
on
their
due
obedience
,
and
allegiance
.
And
for
the
other
Principles
about
Divine
Worship
,
the
Confession
affirms
these
to
be
evil
works
,
that
in
matters
of
Religion
,
and
Worship
of
God
,
have
no
other
assurance
,
but
the
invention
,
and
opinion
men
.
In
this
principle
they
condemn
very
Ancient
and
laudable
Customs
of
Churches
,
as
singing
the
Doxology
,
and
the
most
innocent
,
and
indifferent
Ceremonies
for
decency
,
and
helps
for
Devotion
,
calling
them
by
the
odious
titles
of
Superstition
,
and
Will-worship
.
But
be
these
Principles
true
or
false
in
themselves
certainly
they
are
utterly
inconsistent
with
these
other
clauses
in
the
Test
,
that
assert
it
unlawful
,
on
any
pretence
whatsoever
,
to
take
Arms
against
the
King
,
and
invest
him
with
such
a
Supremacy
as
impowers
him
to
erect
such
Constitutions
,
and
orders
about
Ecclesiastical
matters
,
as
His
Majesty
thinks
fit
.
And
in
this
also
there
is
a
palpable
Contradiction
,
that
the
Test
binds
us
not
to
consent
to
any
change
contrary
to
the
Confession
,
and
by
and
by
enjoyns
to
swear
what
is
flatly
contradictory
to
it
:
We
cannot
take
this
Test
,
unless
with
the
same
breath
we
swear
,
and
forswear
,
under
Oath
protest
onething
,
and
forthwith
under
Oath
protest
the
quite
contrary
.
It
obliges
us
to
swear
,
we
shall
with
our
utmost
power
,
defend
,
assist
,
and
maintain
all
the
Kings
Rights
.
And
is
not
this
to
swear
we
know
not
what
?
or
is
it
not
to
swear
,
we
shall
maintain
,
and
defend
,
with
the
greatest
zeal
and
concernedness
,
whatsoever
the
King
challenges
,
or
the
Parliament
votes
to
belong
to
him
?
And
may
not
a
Prince
come
to
claim
a
Right
to
act
Arbitrarily
?
and
may
not
iniquity
happen
to
be
established
by
Law
?
Nay
▪
doth
not
the
King
,
de
facto
,
challenge
,
and
has
not
the
Parliament
declared
Supremacy
to
be
an
inherent
Right
of
the
Crown
;
by
which
His
Majesty
may
settle
and
emit
such
Acts
and
Orders
as
he
pleases
,
about
Ecclesiastical
matters
?
And
are
not
Articles
of
Faith
Ecclesiastical
maters
?
And
what
is
this
,
but
to
avow
,
we
hold
our selves
obliged
to
believe
as
the
King
believes
?
And
so
ere
long
the
Rights
,
Jurisdictions
,
Prerogatives
▪
Priviledges
,
Preeminences
and
Authorities
that
may
be
ted
to
belong
to
our
Prince
;
may
come
to
swallow
up
Religion
,
Liberty
,
Property
,
and
all
our
Priviledges
.
We
do
not
see
how
any
man
of
Sense
,
and
Conscience
,
can
swear
this
clause
,
in
so
great
a
Latitude
,
and
so
illimited
Terms
.
It
obliges
us
to
swear
▪
That
we
acknowledg
it
unlawful
,
without
the
Kings
special
Command
,
to
convocate
,
conveen
or
assemble
in
any
Council
,
Convention
,
or
Assembly
,
to
treat
,
consult
,
or
determine
,
in
any
matter
of
State
,
Civil
,
or
Ecclesiastik
.
The
clause
(
excepting
ordinary
judgments
)
which
was
added
in
all
such
convocating
,
conveening
,
and
assembling
,
which
were
declared
unlawful
,
Anno
1661.
1.
Par.
Char.
2.
Act
21.
being
left
out
here
,
we
have
reason
to
think
,
that
all
such
Sessions
,
Presbyteries
,
and
Synods
are
discharged
,
there
being
no
special
Command
,
or
Express
for
them
that
we
know
of
:
And
these
meetings
being
of
great
use
,
for
curbing
of
Vice
,
and
Prophanesse
,
and
for
setling
,
and
entertaining
Peace
,
and
good
Order
in
the
Church
,
we
cannot
swear
to
forbear
holding
of
them
,
tho
we
have
not
an
express
License
from
the
King
.
We
acknowledg
Princes
have
Power
,
and
Authority
,
to
inhibit
their
Subjects
to
meet
as
they
see
cause
,
but
we
cannot
bind
our selves
to
obey
them
,
against
such
liberty
which
Christ
hath
conferred
on
his
Church
:
This
is
a
Priviledg
the
Church
ever
enjoyed
,
since
it
was
founded
,
and
erected
by
our
Saviour
,
and
,
in
all
Ages
,
used
as
the
state
of
affairs
required
;
So
we
cannot
devoid
our selves
of
it
,
without
proving
betrayers
of
our
Trust
,
and
condemning
the
conduct
of
the
Primitive
Christians
,
who
without
special
command
,
nay
,
contrary
to
the
express
Edict
of
Princes
,
did
convocate
,
conveen
or
assemble
in
Councils
,
and
Conventions
,
to
treat
,
consult
,
and
determine
about
Ecclesiastical
matters
;
and
yet
for
all
that
,
have
been
no
less
commended
,
and
admired
for
loyalty
,
and
peaceableness
,
than
for
piety
,
and
zeal
.
And
seeing
that
in
the
present
juncture
its
notour
that
there
are
Cabals
,
and
Engines
formed
,
and
carried
on
,
to
undermine
the
Protestant
Religion
,
and
to
bereave
us
of
the
Truth
which
our
Lord
has
committed
to
us
as
so
many
Depositaries
,
Can
we
,
without
the
most
horrid
guilt
,
and
the
blackest
infamy
,
swear
,
That
we
shall
not
so
much
as
meet
Two
or
Three
of
us
together
,
till
we
have
the
Kings
Warrant
,
(
perhaps
never
)
to
consult
about
the
Welfare
of
the
Church
,
and
the
Salvation
of
our
own
,
and
other
Mens
Souls
?
It
obliges
us
to
swear
▪
there
is
no
obligation
on
us
,
any
manner
of
way
whatsoever
,
to
endeavour
any
change
,
or
alteration
in
the
Government
,
either
in
Church
,
or
State
.
Is
not
this
to
swear
what
no
man
living
can
assuredly
know
?
And
are
there
not
indeed
many
tyes
on
us
as
Men
,
as
Christians
,
as
Pastors
,
to
procure
,
as
far
as
in
us
lyes
,
the
happiness
of
the
Church
,
and
State
?
Now
if
we
discern
,
and
it
be
acknowledged
by
wise
;
and
good
men
,
that
the
Government
may
be
bettered
by
enacting
wholsome
new
Laws
,
and
abrogating
corrupt
old
ones
,
might
we
not
,
ought
we
not
,
in
our
stations
endeavour
such
an
alteration
?
The
Constitution
of
a
National
Synod
,
e.
g.
gives
the
Archbishop
of
St.
Andrew's
a
Negative
,
when
the
whole
Clergy
is
contrary
,
so
that
were
all
our
Bishops
,
and
other
Members
of
the
Synod
,
men
of
Apostolick
sanctity
,
and
zeal
,
yet
nothing
could
be
done
for
reforming
the
Church
,
if
one
man
,
who
may
happen
to
be
an
enemy
both
to
Truth
,
and
Vertue
,
shall
dissent
.
And
how
can
honest
conscientious
Church-men
swear
,
they
shall
never
endeavour
to
have
this
helped
?
By
the
same
Act
▪
no
matter
is
to
be
debated
,
consulted
,
or
concluded
,
but
what
shall
be
allowed
by
His
Majesty
:
What
now
if
the
Prince
come
to
be
Popish
,
or
altogether
unconcerned
about
Religion
,
shall
we
,
can
we
,
in
Conscience
,
bind
our selves
to
propose
,
treat
,
and
conclude
nothing
but
what
he
pleases
?
By
the
explicatory
Act
,
itis
put
in
the
Kings
power
to
cut
,
and
carve
in
the
external
Government
of
the
Church
,
at
his
pleasure
:
And
so
he
may
without
consent
of
Parliament
,
or
Clergy
,
restore
Presbytery
;
he
may
turn
out
all
the
Bishops
,
and
Pastors
,
and
plant
in
their
room
men
of
his
own
persuasion
,
whatever
it
be
,
he
may
casheer
all
our
spiritual
Fathers
,
and
substitute
Noble-men
,
Gentle-men
,
Lawyers
,
or
any
other
kind
of
Laiks
,
to
be
Superintendents
of
the
Church
,
or
his
Commissioners
in
Ecclesiastical
affairs
:
And
shall
we
oblige
our selves
by
an
Oath
,
to
endeavour
no
rectification
of
so
unreasonable
a
Statute
?
If
we
see
,
and
it
cannot
be
denied
,
that
Episcopal
Government
might
contribute
more
to
maintain
Truth
,
and
advance
Piety
,
and
Peace
,
than
hitherto
it
has
done
,
might
we
not
,
ought
we
not
to
use
our
utmost
endeavours
,
to
procure
such
Laws
,
and
Canons
to
be
enacted
as
should
oblige
Bishops
to
manage
their
Power
,
and
Authority
to
such
noble
,
and
excellent
ends
,
and
not
put
off
the
respect
to
the
souls
committed
to
their
charge
?
We
are
to
endeavour
such
a
change
,
which
might
conduce
mightily
for
changing
,
and
reforming
them
:
Out
of
the
veneration
we
bear
to
Episcopacy
,
we
cannot
but
pray
,
and
with
for
such
a
change
,
and
do
our
best
to
effectuate
it
,
because
otherways
Episcopal
Government
would
come
to
be
despised
;
and
derided
,
not
only
as
useless
,
but
pernicious
:
Unless
then
we
would
intirely
abandon
Episcopacy
,
unless
we
would
express
no
regard
for
▪
or
concern
our selves
with
the
flourishing
of
piety
,
unless
we
would
sit
down
contented
,
and
satisfied
,
without
ever
complaining
of
,
and
opposing
the
corruptions
of
the
Church
,
we
can
by
no
means
swear
this
Clause
of
the
Test
:
But
we
would
with
a
very
good
Conscience
testifie
by
our
Solemn
Oath
,
if
we
were
put
to
it
,
that
we
judge
our
selvès
obliged
to
endeavour
a
change
,
both
of
the
Government
,
and
Governors
of
the
Church
.
There
are
several
other
things
that
beget
in
our
minds
an
utter
dislike
of
the
Act
anent
Religion
:
We
shall
touch
Two
or
Three
things
more
.
It
commands
us
to
become
a
kind
of
Sycophants
,
Delators
and
Informers
against
Dissenters
:
Hardly
could
our
mortal
enemies
fall
upon
a
course
more
likely
to
blast
our
Ministry
,
and
expose
us
to
hatred
and
obloquy
.
Had
it
been
designed
we
should
give
an
account
of
Schismatical
Withdrawers
,
that
our
spiritual
Fathers
might
bear
with
them
in
the
spirit
of
meekness
,
and
charity
,
for
clearing
their
prejudices
,
we
would
have
most
readily
,
and
joyfully
served
them
in
so
worthy
an
enterprise
:
But
to
delate
them
,
that
they
may
be
fined
,
and
imprisoned
,
or
banished
,
or
sustain
any
bodily
,
or
temporal
damages
,
is
a
thing
we
abhor
:
We
judg
it
more
eligible
to
be
no
Pastors
than
to
be
on
such
terms
.
2.
It
weakens
the
Protestant
Interest
,
by
dividing
Protestants
,
and
treating
sober
Dissenters
with
as
great
severity
as
Papists
,
or
wildest
Fanatiks
.
3.
It
leaves
a
wide
postern
for
Popery
,
for
it
exempts
from
the
Test
such
as
should
have
been
first
of
all
put
to
it
,
and
so
provides
most
effectually
for
perpetuating
Popery
in
the
Royal
Family
:
And
what
could
have
been
contrived
more
grateful
,
and
advantageous
to
the
Church
of
Rome
,
and
what
more
grievous
and
fatal
to
the
Reformed
?
Grounds
wherupon
some
of
the
Conformed
Ministers
scruple
to
take
the
Test.
FIrst
,
passing
by
the
danger
of
Oaths
,
when
pressed
so
generally
,
(
men
of
the
least
tenderness
ordinarily
swallow
them
easily
and
make
small
Conscience
of
observing
them
,
while
they
that
fear
Oaths
are
hardly
induced
to
take
them
,
and
by
their
strict
observance
make
themselves
a
Prey
)
we
think
it
strange
that
this
Oath
should
be
injoyned
to
us
,
who
cannot
be
suspected
rationally
to
incline
either
to
Fanaticism
or
Popery
,
since
by
our
Subscriptions
to
the
Oath
of
Supremacy
,
and
canonical
obedience
,
we
have
sufficiently
purged
our selves
of
the
first
,
and
by
our
refuting
Popish
errors
daily
in
our
Pulpits
,
do
shew
an
utter
abhorrence
of
the
other
,
and
further
,
since
meerly
our
owning
of
Episcopal
Government
has
begot
,
and
still
increases
in
the
minds
of
our
People
,
such
an
Aversion
from
and
dislike
of
us
,
we
would
have
expected
that
our
spiritual
Fathers
would
not
have
exposed
us
to
greater
loathing
,
and
contempt
,
by
such
engagements
;
which
although
it
should
be
granted
to
be
causeless
and
unjust
,
yet
we
think
our selves
bound
to
shun
it
,
that
our
Ministry
may
be
the
more
taking
with
them
,
since
the
thing
pressed
upon
us
,
is
neither
absolutely
necessarie
,
nor
yet
so
evident
in
what
is
asserted
for
truth
as
may
incourage
us
for
to
underlie
their
prejudice
conceived
thereupon
:
And
finallie
,
since
it
is
known
that
abjuring
the
Covenant
did
hinder
many
Ministers
to
conform
,
and
People
to
joyn
in
Ordinances
dispensed
by
Conformists
,
and
our
Parliaments
had
hitherto
shewed
such
civil
Moderation
as
to
free
us
from
the
Declaration
,
we
cannot
look
at
it
but
as
bad
and
fatal
that
our
Church
should
be
dashed
on
this
Rock
,
which
may
occasion
its
splitting
,
and
instead
of
quenching
this
former
evil
create
new
Flames
.
Secondly
,
as
we
wish
for
the
suppressing
of
the
growth
of
Popery
a
more
particular
way
had
been
made
use
of
,
even
for
the
discovering
of
such
as
are
of
no
publick
Trust
,
so
we
cannot
but
regret
that
this
Test
has
been
so
framed
as
to
divide
the
sound
sober
Presbyterians
amongst
themselves
,
whereby
our
Common
Enemies
are
gratify'd
,
and
the
true
Faith
indangered
,
we
being
perswaded
that
there
are
many
Presbyterians
in
the
Kingdom
,
Gentlemen
,
Ministers
,
and
others
,
who
cannot
in
conscience
take
this
Test
,
who
yet
do
dayly
come
,
and
are
ready
to
joyne
with
us
in
Ordinances
.
We
think
it
had
been
fitter
to
have
condescended
something
for
gaining
of
such
,
then
to
have
put
such
a
brand
upon
them
,
which
may
more
alienate
them
,
and
weaken
us
.
Thirdly
,
that
Confession
of
Faith
Recorded
in
the
first
Parliament
of
King
James
the
6th
,
has
some
things
in
it
which
may
scarre
the
Swearing
to
it
without
Limitation
,
as
1.
Section
15th
.
it
Asserts
those
to
be
evil
works
which
are
done
not
only
contra
,
but
praeter
verbum
Dei
.
2dly
,
Section
25th
.
It
Asserts
,
such
as
resist
the
Supreme
Power
,
doing
that
which
pertains
to
his
charge
,
and
while
he
vigilantly
travels
in
his
office
,
doe
resist
the
Ordinance
of
God
,
which
clauses
may
bear
an
exclusive
sense
,
especially
when
in
the
5th
Section
,
it
is
reckoned
among
good
works
to
suppress
Tyranny
,
3dly
Section
15th
;
Jesus
Christ
is
asserted
to
be
the
only
Head
,
and
Law-giver
of
his
Kirk
,
and
it
is
counted
Blasphemy
for
Angels
,
or
Men
to
intrude
themselves
into
the
said
Honor
,
and
Office
;
4th
Section
the
23th
on
the
Sacraments
.
Popish
Baptism
is
denyed
as
to
its
validity
,
and
Popish
Priests
denyed
to
be
true
Ministers
,
which
expressions
if
narrowly
scanned
,
will
be
found
of
dangerous
consequence
,
and
contradictory
to
other
positions
in
the
Confession
it self
.
Fourthly
,
we
fear
that
our
People
may
look
on
us
rather
as
Countenancers
and
Incouragers
,
then
Suppressors
of
Popery
,
seeing
by
the
Act
we
are
obliged
to
delate
yearly
in
October
such
as
withdraw
from
our
Ministry
,
that
they
may
be
punished
by
the
civil
Magistrats
,
and
yet
by
the
same
Act
,
the
Kings
lawful
Brother
,
and
Sons
in
perpetuum
are
exempt
from
taking
the
Test
,
and
consequently
left
at
liberty
to
be
Papists
,
or
Protestants
,
and
what
bad
influence
their
example
may
have
on
inferior
People
may
easily
be
apprehended
,
and
our
taking
the
Test
will
be
reputed
an
approving
of
that
exemption
,
which
will
be
more
stumbling
.
That
all
former
Acts
against
Papists
were
made
without
any
exemption
,
and
they
all
declared
to
be
disloyal
who
embraced
not
the
Reformed
Religion
,
particularly
in
the
47th
Act
of
the
third
Parliament
of
James
the
V
I.
and
the
8th
Act
of
the
I.
Parliament
of
Charles
the
II.
Fifthly
,
We
are
to
swear
that
there
lyes
no
obligation
on
us
by
vertue
of
the
late
Covenants
,
or
any
other
manner
of
way
to
endeavour
the
change
of
the
Government
,
either
in
Church
,
or
State
,
as
it
is
established
by
Law
,
where
we
suppose
we
are
sworn
not
only
to
maintain
Monarchy
,
but
also
,
as
our
Law
tyes
us
,
in
the
present
line
,
and
in
the
nearest
in
kin
to
our
present
King
,
altho
they
should
be
Papists
,
altho
we
judge
the
Coronation
Oath
in
the
eight
Act
of
the
first
Parliament
of
James
the
VI.
to
be
contradictory
,
which
yet
is
a
standing
unrepealed
Law
,
since
this
currant
Parliament
hath
ratified
,
and
confirmed
all
Acts
made
in
savour
of
the
Protestant
Religion
,
whereof
this
is
one
,
so
that
we
swear
Contradictions
.
Sixthly
,
as
for
the
Church
Government
,
as
it
is
now
establisht
by
Law
,
there
hath
not
been
,
nor
are
yet
wanting
sound
Protestants
who
assert
the
Jus
divinum
of
Episcopacy
,
such
could
not
in
conscience
take
this
Oath
,
seeing
the
King
by
vertue
of
his
Prerogative
,
and
Supremacy
is
impowered
by
Law
to
dispose
of
the
External
Government
,
and
Policy
of
the
Church
,
as
he
pleases
,
as
for
such
as
look
upon
Episcopal
Government
as
indifferent
in
it self
,
notwithstanding
the
submission
that
we
give
to
it
,
or
have
ingaged
for
,
they
can
as
litle
swear
on
these
terms
:
for
why
should
they
swear
never
to
endeavor
to
alter
that
which
in
it self
they
look
upon
as
alterable
,
there
being
no
indifferent
thing
which
in
tract
of
time
,
through
the
corruption
of
Men
,
may
not
prove
hurtful
?
and
why
might
not
men
in
their
Station
endeavor
the
redressing
(
by
fair
means
)
of
any
such
evil
,
and
advise
his
Majesty
,
if
he
be
willing
,
to
exert
the
power
setled
on
him
by
the
law
,
for
freeing
the
Church
from
any
inconveniency
?
and
altho
we
have
engaged
to
obey
Bishops
,
yet
we
ever
did
wish
that
they
may
be
setled
a●ongst
us
in
a
way
more
suitable
to
the
primitive
times
viz.
That
their
number
might
be
more
encreased
,
that
they
might
by
called
by
the
Church
allenarly
to
that
office
,
and
that
they
might
be
made
liable
to
the
censure
of
the
Church
for
their
doctrine
,
life
,
and
diligence
,
that
they
might
not
be
such
pragmatical
Medlers
in
Civil
affairs
,
and
that
Synods
,
and
Presbyteries
might
have
more
power
then
is
assigned
them
by
the
Act
of
Restitution
;
from
the
seeking
a
Remedy
in
any
of
which
things
this
Oath
doth
tye
us
up
.
Seventhly
,
the
power
given
to
the
King
by
the
present
laws
,
if
he
should
be
popish
,
should
be
very
prejudicial
to
the
Protestant
Interest
,
for
by
the
first
Act
of
the
2d
Parliament
of
Charles
the
2d
he
may
not
only
dispose
of
the
external
Policy
of
the
Church
,
but
may
emit
such
Acts
▪
concerning
the
Persons
imployed
therein
;
&
all
Ecclesiastical
Meetings
,
and
Matters
to
be
treated
upon
therein
,
as
he
shall
think
fit
,
and
this
Act
only
published
is
to
oblige
all
his
Subjects
,
and
by
the
Act
for
a
National
Synod
no
Doctrinal
Matter
may
be
proposed
,
debated
,
or
concluded
without
his
express
allowance
;
in
the
foresaid
case
it
is
easie
to
divine
,
what
advantage
the
Enemies
of
our
Religion
will
have
for
the
overturning
of
all
.
Hoc
●thacusvelit
,
&
magno
mercentur
Atrid●
EDENBURGH
,
The
sederunt
of
the
Council
.
Sederunt
vigesimo
secundo
Die
Septembris
,
1681.
His
Royal
Highness
,
&c.
-
Montrose
,
-
Errall
,
-
Marshall
,
-
Marr
,
-
Glencarne
,
-
Winton
,
-
Linlithgow
,
-
Perth
,
-
Strathmore
,
-
Roxburgh
,
-
Queensberry
,
-
Airley
,
-
Kintore
,
-
Breadalbane
,
-
Lorne
,
-
Levingston
,
-
Bishop
of
Edenburgh
,
-
Elphinston
,
-
Rosse
,
-
Dalziel
,
-
Treasurer
Deputy
Praeses
,
-
Advocate
-
Justice
Clerk
,
-
Collintoun
,
-
Tarbet
,
-
Haddo
,
-
Lundie
.
This
day
the
Test
was
subscribed
by
the
above-written
Privy
Councellors
,
and
by
the
Earl
of
Queensberry
,
who
coming
in
after
the
rest
had
taken
it
declared
that
he
took
it
with
the
Explication
following
,
The
Earl
of
Queensberrie's
Explanation
of
the
Test
when
he
took
it
.
HIS
Lordship
declared
that
by
that
part
of
the
Test
,
That
there
lyes
no
obligation
—
to
endeavour
any
change
,
or
alteration
in
the
Government
,
&c.
He
did
not
understand
himself
to
be
oblidged
against
Alterations
,
In
case
it
should
please
His
Majestie
to
make
alterations
of
of
the
Government
of
Church
or
State
.
HALYRUDEHOUSE
Sederunt
vigesimo
primo
Die
Octobris
1681.
His
Royal
Highness
,
&c.
-
Winton
,
-
Perth
,
-
Strathmore
,
-
Queensberry
,
-
Ancram
,
-
Airley
,
-
Lorne
,
-
Levingston
,
-
Bishop
of
Edenburgh
,
-
Treasurer
Deputy
Praeses
,
-
Register
,
-
Advocate
,
-
Collintoun
.
This
day
,
the
Bishop
of
Edenburgh
having
drawn
up
a
long
Explication
of
the
Test
,
to
satisfie
the
many
Objections
,
and
Scruples
moved
against
it
,
especially
by
the
conformed
Clergie
,
presented
it
to
the
Council
for
their
Lp's
Approbation
,
which
was
ordered
to
be
read
:
But
the
paper
proving
prolixe
,
and
tedious
,
His
Highness
,
after
reading
of
a
few
leaves
,
interrupted
,
saying
very
wittyly
,
and
pertinently
,
that
the
first
Chapter
of
John
with
a
stone
will
chase
away
a
dog
,
and
so
brake
it
off
.
Yet
the
Bishop
was
afterward
allowed
to
print
it
,
if
he
pleased
,
and
here
you
have
it
.
The
Bishop
of
Edenburgh's
Explanatory
Vindication
of
the
Test.
THE
last
Session
of
this
currant
Parliament
considering
the
interest
of
the
true
Protestant
Religion
to
be
the
most
sacred
and
important
of
all
others
;
doth
by
the
first
Act
,
revive
,
ratifie
,
and
confirm
all
Acts
and
Statutes
,
made
in
our
former
Parliaments
,
establishing
the
same
in
this
Kingdom
:
which
Acts
being
made
by
our
wise
Ancestors
when
the
Protestant
Religion
was
in
greatest
danger
,
not
only
from
the
great
number
of
Popish
Subjects
in
this
Kingdom
,
many
whereof
were
persons
of
greatest
interest
,
power
,
and
influence
therein
,
but
from
the
Power
of
France
,
as
well
as
of
the
Pope
,
both
which
were
zealously
bent
to
re-establish
,
and
confirm
the
setlement
of
Popery
in
its
Jurisdictions
,
and
Superstitions
amongst
us
,
were
judged
by
all
,
both
in
Articles
and
Parliament
,
and
that
after
long
and
strenuous
application
and
endeavour
in
contriving
ane
new
Act
for
these
ends
,
not
only
sufficient
,
but
the
best
security
for
our
Religion
,
against
all
hazards
and
contingencies
,
in
which
the
best
and
wisest
part
of
the
Parliament
acquiesced
,
till
the
importunity
and
repeated
clamours
of
some
,
who
needs
would
appear
more
warmly
concerned
in
this
mater
than
others
,
they
offering
new
overtures
to
the
Articles
,
for
the
securing
of
the
Protestant
Religion
,
of
which
they
often
received
an
account
in
open
Parliament
,
did
awaken
a
more
narrow
inspection
into
this
more
concerning
Affair
:
And
therefore
for
the
farther
security
of
Religion
,
from
the
danger
of
Popery
on
the
one
hand
,
and
of
Principles
and
Practices
of
Rebellion
,
and
fanatical
Schism
on
the
other
,
did
judg
it
necessary
,
that
ane
Act
should
be
past
,
disabling
Papists
,
and
Fanaticks
from
any
power
,
or
capacity
,
to
subvert
or
overthrow
it
;
which
in
their
deep
wisdom
they
found
could
never
be
so
effectually
done
as
by
keeping
all
such
out
of
places
of
publik
Trust
and
Employment
,
Civil
,
Ecclesiastik
,
or
Military
:
And
in
regard
that
the
good
and
wholesom
Laws
,
and
the
steady
,
and
vigorus
execution
thereof
,
are
the
best
and
most
firm
human
security
of
Religion
:
Therefore
such
wise
provisions
were
piously
made
by
that
Act
,
as
might
bar
all
disaffected
to
the
Protestant
Religion
,
from
electing
,
or
being
elected
Members
of
Parliament
,
wherein
the
Law
-
making
power
is
lodged
,
or
from
creeping
into
any
Office
or
Trust
,
whereby
the
execution
of
the
Law
is
managed
:
So
that
our
established
Religion
might
never
be
endangered
,
or
subverted
by
evil
or
corrupt
Laws
,
or
by
the
remiss
and
negligent
execution
of
good
ones
.
Notwithstanding
such
is
the
fate
of
the
best
of
human
Constitutions
that
nothing
can
be
so
piously
intended
,
or
prudently
contrived
,
but
either
through
ignorance
or
malice
,
misprision
or
mistake
,
it
may
be
misrepresented
,
misconstrued
,
and
many
groundless
,
and
unaccountable
jealousies
,
by
scruples
and
prejudices
entertained
against
it
,
as
is
but
too
clearly
instanced
in
the
matter
of
the
present
Oath
,
and
Test
,
which
the
wisdom
of
our
Governours
hath
enacted
,
and
appointed
to
be
taken
by
all
persons
employed
in
Offices
of
publik
Trust
,
as
the
best
fence
of
the
Church
,
and
security
of
the
Protestant
Religion
against
the
invasion
and
encroachments
they
stand
in
danger
of
from
the
restless
adversaries
.
Some
of
the
Regular
and
Orthodox
Clergy
,
and
other
well-meaning
Subjects
,
having
entertained
☜
some
jealousies
which
far
exceed
their
causes
,
and
vented
some
scruples
and
objections
against
it
,
which
are
most
part
founded
on
mistakes
,
and
unnecessary
,
not
to
say
uncharitable
stretching
and
extending
the
meaning
thereof
far
beyond
either
the
genuine
sense
of
the
words
,
or
design
and
intention
of
the
Parliament
,
in
framing
and
enjoyning
that
Test
,
tenderness
and
compassion
towards
these
conform
and
loyal
persons
,
who
may
either
be
imposed
upon
by
the
malice
and
craft
of
the
Church's
Adversaries
,
to
stumble
at
,
or
by
their
own
fears
,
and
misapprehensions
,
may
be
led
into
mistakes
of
the
meaning
,
and
design
of
this
excellent
mean
for
securing
our
Church
and
Religion
,
hath
prevailed
with
us
to
endeavour
a
short
Essay
,
for
vindicating
this
Oath
and
Test
from
all
mistakes
and
scruples
,
by
answering
,
and
satisfying
the
Objections
which
are
commonly
moved
against
it
;
and
that
thereby
the
plain
and
genuine
sense
,
in
which
this
Oath
is
required
by
Authority
to
be
taken
by
all
persons
in
Trust
,
may
be
clear
and
apparent
.
Pursuant
to
this
,
it
will
be
fit
to
read
and
consider
the
Oath
or
Test
it self
,
as
it
is
contained
in
the
sixth
Act
of
the
last
Session
of
this
Currant
Parliament
.
In
the
next
place
,
it
will
not
be
amiss
to
rank
up
the
doubts
and
objections
moved
against
it
,
in
their
several
Heads
and
Classes
,
and
to
resolve
and
answer
them
accordingly
,
in
their
respective
place
and
order
.
Of
these
Scruples
and
Objections
some
are
founded
upon
the
Consession
of
Faith
,
contained
in
the
foresaid
Oath
:
others
arise
from
the
Oath
of
Allegiance
and
Supremacy
,
and
the
asserting
therein
of
the
Kings
Prerogative
:
some
are
taken
from
that
part
of
the
Test
,
wherein
the
unlawfulness
of
assembling
in
any
Councils
or
Conventions
,
to
treat
,
consult
or
determine
in
any
mater
of
State
,
Civil
or
Ecclesiastik
,
without
the
Kings
special
command
and
license
had
thereto
,
is
asserted
and
sworn
:
and
finally
others
arise
from
the
Clause
,
asserting
,
that
no
obligation
lyes
from
the
late
Covenants
,
or
any
other
manner
of
way
whatsoever
,
to
endeavour
any
change
or
alteration
in
the
Government
,
either
in
Church
or
State
,
as
the
same
is
now
established
by
the
Laws
of
this
Kingdom
.
It
is
beyond
all
peradventure
that
as
Conscience
is
the
most
tender
thing
in
the
Soul
of
man
,
so
Oaths
are
of
the
strictest
force
and
obligation
,
and
are
to
be
taken
in
Truth
Righteousness
and
Iudgment
:
which
is
the
Doctrine
of
all
sound
Casuists
,
Juramenti
obligatio
est
stricti
juris
;
yet
this
strictum
jus
is
not
so
to
be
understood
,
as
if
it
did
exclude
all
sensing
and
interpreting
of
it
,
☞
the
interpretation
thereof
amounting
to
no
more
than
meerly
to
make
clear
and
plain
any
word
or
sentence
therein
,
which
may
seem
to
be
dark
,
doubtful
and
ambiguous
.
It
is
excellently
said
by
that
judicious
Casuist
,
Doctor
Sandersone
,
Prel
.
2.
De
juramenti
obligatione
,
p.
8.
De
lege
Charitatis
aliena
dicta
,
&
facta
,
praesertim
Principum
,
Parentum
,
aliorumque
Rectorum
sunt
benignae
interpretationis
.
Juxta
id
quod
dici
solet
,
dubia
esse
interpretanda
in
meliorem
partem
.
That
is
,
by
the
Law
of
Charity
the
words
and
deeds
of
others
,
especially
of
our
Princes
,
Parents
,
and
other
Governours
,
☞
are
to
be
moderated
by
a
favourable
interpretation
,
according
to
the
usual
maxim
,
That
things
doubtful
are
to
be
interpreted
to
the
best
sense
.
This
being
premised
,
the
Objections
of
the
first
Classis
arising
upon
the
Confession
of
Faith
are
to
be
first
considered
;
and
in
order
to
this
it
must
be
remembered
,
that
this
Confession
is
not
to
be
lookt
upon
as
fully
comprehensive
of
all
the
Protestant
Doctrine
in
opposition
to
all
the
Errors
,
and
Superstition
of
the
Romish
Church
,
and
other
Heresies
;
nor
is
there
any
one
amongst
the
Harmony
of
the
Confessions
of
the
Reformed
Churches
,
which
can
challenge
this
perfection
to
it self
:
nor
is
it
to
be
thought
strange
,
that
in
many
things
it
should
be
defective
,
if
we
consider
,
that
it
was
hastily
compiled
in
the
short
space
of
four
days
,
by
a
select
number
of
Barons
,
and
Ministers
,
in
the
very
Infancy
of
our
Reformation
as
the
History
of
the
Reformation
of
the
Church
of
Scotland
,
commonly
ascribed
to
John
Knox
,
Printed
at
London
,
in
the
Year
1644
in
Fol.
p.
252.
doth
inform
:
Nor
are
the
Authors
of
the
foresaid
Confession
so
prositive
,
as
to
look
upon
all
therein
contained
as
infallible
,
or
to
be
received
as
Articles
of
Faith
,
as
appears
from
the
Preface
prefixed
thereto
,
as
it
is
set
down
in
the
History
of
the
Reformation
foresaid
,
p.
253.
wherein
they
promise
upon
their
Honours
and
Fidelity
,
Reformation
of
any
Article
or
Sentence
therein
,
which
shall
be
proved
to
be
amisle
,
or
Erroneous
,
so
that
it
is
not
to
be
considered
as
the
compleat
Standard
of
the
Protestant
Faith
and
Doctrine
,
in
which
nothing
is
wanting
,
but
is
inserted
in
the
body
of
this
Oath
as
being
the
only
Protestant
Confession
in
this
Church
,
which
is
stamped
with
the
impress
of
Lawful
Authority
,
it
being
ratified
by
the
first
Parliament
,
James
the
VI
Anno
1567.
and
is
the
most
Ancient
,
being
received
for
six
score
years
,
without
any
contradiction
in
this
Kingdom
;
and
is
only
used
in
this
Oath
,
designotive
,
to
express
that
,
as
a
particular
systeme
,
wherein
the
main
Substantials
of
the
Protestant
Religion
,
sworn
unto
,
are
contained
.
If
it
be
asked
,
What
,
or
where
is
the
Protestant
Religion
?
The
answer
is
plain
,
that
it
is
the
true
Christian
Religion
,
as
it
is
reformed
from
the
Errors
and
Superstitions
of
the
Popish
Church
,
and
is
contained
in
the
harmony
of
the
Protestant
Church's
Confessions
,
which
agree
in
the
chief
and
principal
Substantials
,
tho
they
may
differ
in
lesser
maters
,
and
opinions
disputable
;
among
which
this
our
Confession
is
recorded
.
But
tho
we
are
under
no
obligation
to
justifie
every
Sentence
or
Article
thereof
,
yet
it
deserves
so
much
reverence
from
us
,
as
to
justifie
it
,
so
far
as
we
may
,
from
any
charge
of
Error
or
,
Heterodoxy
;
and
the
rather
that
,
upon
due
tryal
and
examination
,
there
seemeth
nothing
to
be
contained
in
it
which
is
not
agreeable
to
the
charitable
Analogy
of
Faith
,
and
may
not
admit
of
a
very
fair
,
true
and
orthodox
sense
and
interpretation
,
as
the
following
Answers
to
the
Scruples
and
Objections
arising
upon
it
,
will
sufficiently
evince
.
It
is
objected
by
some
then
,
1.
That
in
the
third
Ar●
.
of
Original
Sin
it
is
said
,
That
by
it
the
Image
of
God
was
utterly
defaced
in
man
;
which
seems
to
run
cross
to
the
stream
of
the
Protestant
Doctrine
,
which
aslerts
,
That
the
Remains
of
the
Divine
Image
still
abide
in
the
Soul
,
notwithstanding
of
mans
fall
.
The
answer
is
easie
,
if
we
shall
carefully
distinguish
betwixt
defacing
of
the
Image
of
God
,
which
imports
no
more
than
a
darkning
or
maiming
thereof
,
and
utter
destroying
of
that
Image
,
which
implies
the
total
subversion
or
abolition
of
it
;
and
that
the
former
is
allowed
by
all
sound
Protestants
.
It
is
objected
,
2.
That
Art.
17.
it
is
said
,
That
it
is
blasphemy
to
affirm
,
that
men
who
live
according
to
equity
and
justice
,
shall
be
saved
,
whatsoever
Religion
they
professe
,
since
without
Christ
Jesus
there
is
neither
life
nor
salvation
;
which
some
think
a
very
uncharitable
doctrine
,
barring
all
the
Ancient
Philosophers
,
and
Moralists
,
such
as
Plato
,
Seneca
,
Socrates
,
Plutarch
,
&c.
from
eternal
life
and
salvation
.
Answer
1.
That
Clause
is
but
a
consequence
drawn
from
the
16th
Article
,
rather
than
any
essential
part
of
its
doctrine
,
as
will
appear
upon
the
perusal
.
2.
It
is
most
infallibly
true
,
that
there
is
no
Name
under
Heaven
by
which
salvation
can
be
obtained
,
but
the
Name
of
Jesus
;
which
imports
at
least
a
sense
of
sin
,
and
of
the
necessity
of
expiating
the
same
,
and
of
propitiating
God
toward
the
sinner
in
every
one
that
shall
be
saved
;
which
by
some
is
termed
an
implicite
knowledg
of
Christ
Jesus
,
who
alone
is
the
grand
Propitiation
,
and
such
a
knowledg
as
the
moral
Gentiles
,
and
even
the
Jews
had
before
the
Revelation
and
Exhibition
of
the
Person
of
the
Messiah
,
in
the
fulness
of
time
;
and
how
far
an
implicite
knowledg
of
Jesus
Christ
in
his
Doctrine
and
Offices
,
before
his
exhibition
in
time
,
is
necessary
to
salvation
,
is
not
of
easie
determination
.
And
therefore
,
3.
This
Clause
must
be
supposed
to
respect
the
Gospel
Oeconomy
,
and
Evangelical
dispensation
,
and
to
extend
to
such
as
are
blessed
with
the
manifestation
of
the
Gospel
,
and
clear
revelation
of
Jesus
Christ
thereby
;
And
in
this
sense
it
is
beyond
all
doubt
,
that
none
come
to
age
,
and
the
clear
exercise
of
Reason
,
in
an
ordinary
way
,
shall
be
saved
,
but
such
only
as
believe
in
him
,
own
his
Doctrine
,
and
sincerely
obey
his
holy
Precepts
.
It
is
objected
,
3.
That
from
the
19th
Article
,
the
interpretation
of
the
sacred
Scripture
appertaineth
to
the
Spirit
of
God
,
by
which
the
Scripture
was
dictate
and
written
,
and
no●
to
any
person
,
or
Church
,
for
any
Preheminence
or
Prerogative
;
personal
or
local
;
which
seems
to
cut
off
all
power
of
interpreting
Scriptures
from
the
Ancient
Fathers
,
or
General
Councils
.
Answ.
The
harmonious
Doctrine
of
the
Protestant
Church
is
,
That
the
Spirit
of
God
speaking
in
the
Scriptures
is
as
the
best
Judg
,
so
the
only
best
and
infallible
Interpreter
of
Scripture
,
whereby
,
tho
the
primary
and
authoritative
Interpretation
of
the
Scripture
is
ascribed
to
that
blessed
Spirit
yet
thereby
is
not
denied
to
the
Fathers
and
Councils
a
ministerial
and
declaratory
power
,
in
expounding
the
sacred
Word
,
which
is
of
great
weight
and
authority
with
all
Christians
;
who
needs
must
believe
these
holy
persons
and
Assemblies
to
be
ordinarily
assisted
by
the
light
and
conduct
of
his
holy
Spirit
,
who
promised
to
be
with
his
Church
to
the
end
of
the
world
.
It
is
objected
,
4.
That
Article
19.
the
right
administration
of
the
Sacraments
is
one
of
the
Notes
of
the
true
Church
of
God
.
And
Art.
23.
requires
to
the
right
administration
of
the
Sacraments
,
that
they
be
ministred
in
such
Elements
,
and
in
such
sort
as
God
hath
appointed
;
whence
some
would
infer
,
That
all
such
Churches
as
use
circumstances
in
the
administration
thereof
which
are
not
appointed
by
God
,
as
the
mixing
of
Water
with
Wine
in
the
holy
Eucharist
,
or
of
Oyl
with
Water
in
Baptism
,
must
be
by
this
Doctrine
unchurched
.
Ans.
When
the
23d.
Article
requireth
to
a
true
Church
,
that
the
Sacraments
be
administred
in
such
sort
as
God
has
appointed
,
it
mainly
relateth
to
the
words
of
Consecration
,
and
to
the
institution
,
which
indeed
are
essentially
requisite
to
the
very
being
of
the
Sacraments
,
these
being
null
which
are
celebrated
without
them
,
and
not
according
to
the
institution
.
As
for
the
Elements
,
tho
these
be
necessary
,
at
least
in
ordinary
cases
,
yet
the
mixtures
and
superadditions
to
these
appointed
Elements
do
not
absolutely
nullifie
,
tho
they
do
corrupt
the
Sacraments
.
And
that
this
is
the
meaning
of
the
23d
d
Article
appears
clear
from
the
words
immediately
following
,
viz.
else
we
affirm
;
that
they
cease
to
be
the
right
Sacraments
of
Christ
Jesus
,
where
they
are
not
denied
simply
to
be
Sacraments
,
but
are
charged
as
Sacraments
not
rightly
and
duely
administred
,
as
these
are
which
are
not
vitiated
and
adulterated
by
superstitious
mixtures
.
It
is
objected
5.
from
that
same
Article
23.
That
to
the
being
of
lawful
Ministers
it
is
required
,
that
they
be
men
lawfully
chosen
thereto
by
some
Kirk
;
which
seems
to
import
the
necessity
of
popular
Elections
,
and
to
cancel
the
Rights
of
Patronages
,
and
to
unminister
such
as
are
presented
by
them
.
Answ.
All
Ministers
presented
by
Patrons
are
elected
by
the
Churh
,
in
as
much
as
Edicts
are
served
,
whereby
the
peoples
consent
is
legally
obtained
before
the
person
presented
be
collated
or
inducted
to
the
particular
Flock
or
Congregation
;
And
that
by
this
Article
Laik
Patronages
are
not
annulled
appears
evident
by
the
seventh
Act
of
the
Parliament
,
1667.
wherein
the
same
Confession
of
Faith
,
and
all
its
Articles
are
authorised
,
and
therefor
cannot
be
supposed
,
by
any
Article
of
the
foresaid
Confession
,
to
have
been
intended
to
be
cast
and
overturned
.
It
is
objected
,
6.
That
in
the
15.
Article
amongst
works
which
are
reputed
to
be
good
before
God
to
repress
Tyranny
is
enumerate
for
one
,
which
seems
to
encourage
resistance
and
rebellion
against
the
Supreme
Civil
Powers
.
Answ.
Besides
what
may
be
said
concerning
Tyranny
in
inferior
Judges
,
Magistrates
,
and
other
subordinate
Superiors
,
the
repression
whereof
is
certainly
a
good
work
;
If
we
consider
Tyranny
in
the
Supreme
Magistrate
,
it
can
only
be
said
repressable
by
fair
,
just
and
lawful
means
:
For
i●
possumus
quod
jure
possumus
:
To
suppress
Tyranny
by
resistance
or
rebellion
were
to
do
evill
that
good
may
come
of
it
,
contrary
to
the
Apostolical
Rule
and
injunction
;
but
to
suppress
Tyranny
by
a
regular
assisting
to
make
good
Laws
,
by
devout
prayers
,
and
pious
Instructions
and
exhortations
,
may
well
be
reckoned
among
good
works
.
It
is
objected
,
7.
That
in
the
23.
Article
the
Popish
Ministers
are
no
Ministers
of
Jesus
Christ
,
which
is
contrary
both
to
the
doctrine
,
and
practice
of
all
sound
Protestant
Churches
.
Answ.
1.
That
Assertion
is
not
contained
in
the
doctrinal
part
of
that
Article
23.
but
is
a
Corollary
illogically
deduced
from
the
first
part
thereof
;
and
we
are
not
concerned
in
the
ill
Consequences
and
Paralogisms
,
which
may
be
found
in
any
of
these
Articles
.
2.
All
Protestant
Churches
do
acknowledg
the
Bishops
,
Priests
,
and
Deacons
in
the
Romish
Church
to
be
real
and
ordained
Ministers
of
the
Catholick
Church
,
owning
the
Ordination
of
their
Ministers
to
be
derived
in
its
succession
from
them
:
So
that
without
unchurching
themselves
they
must
needs
believe
these
to
be
really
Ministers
;
and
the
practice
of
Protestants
doth
universally
demonstrate
this
:
Inso
much
that
when
a
Romish
Priest
comes
over
from
them
,
and
reconciles
himself
to
the
Protestant
Church
,
he
is
allowed
to
exercise
all
the
parts
,
and
functions
of
the
holy
Ministry
,
without
any
new
ordination
:
So
that
the
meaning
must
be
,
either
1.
That
many
are
reputed
Ministers
in
the
Romish
Church
which
indeed
●●o
no
Ministers
of
Jesus
Christ
,
viz
Deacons
,
Acolyths
,
and
Exorcists
,
&c.
and
as
follows
in
the
Article
,
even
women
among
them
are
allowed
to
baptize
,
who
sure
are
none
of
Christs
Ministers
.
Or
2.
That
they
are
no
pious
and
faithful
Ministers
,
nor
such
as
Christ
will
own
to
be
his
,
as
is
insinuate
in
the
foresaid
History
of
Reformation
of
the
Church
of
Scotland
,
p.
251.
where
it
calls
all
Popish
Ministers
then
in
this
Kingdom
,
Thieves
,
Murderers
,
Rebels
,
Traitors
,
&c
Or
3.
That
they
were
not
duely
elected
Ministers
,
as
is
asserted
ibid.
Or
in
fine
,
That
they
are
not
sound
or
incorrupted
Ministers
.
For
according
to
the
harmony
of
the
Protestant
Confessions
,
among
which
this
Confession
of
ours
is
inserted
,
the
Ministers
of
the
Popish
Church
are
owned
to
be
true
and
real
Ministers
,
in
the
same
sense
wherein
that
Church
is
acknowledg'd
to
be
a
true
,
and
real
Church
,
tho
not
a
sound
and
pure
one
;
even
as
we
say
,
that
a
Leprous
or
Paralitik
man
is
a
true
and
real
man
,
tho
not
a
healthful
and
sound
man
:
as
this
same
Confession
,
Article
17.
calls
the
Church
at
Jerusalem
,
consisting
of
Priests
,
Scribes
,
Pharisees
,
&c.
no
Church
of
God
,
by
reason
of
the
corruptions
thereof
,
wherein
must
be
meaned
no
sound
or
incorrupt
Church
of
God
,
as
appears
from
the
Title
,
viz.
Of
the
Notes
by
which
,
&c.
Many
other
Particulars
may
perhaps
be
excepted
against
,
which
are
contained
in
that
Confession
,
besides
these
which
are
here
considered
,
and
which
we
are
not
concerned
much
to
notice
,
or
to
dip
upon
the
Authority
enacting
,
or
authorising
that
Confession
at
the
first
forming
thereof
,
since
it
is
inserted
in
the
Test
only
designative
,
as
pointing
to
that
Ancient
system
,
wherein
the
substantials
of
the
Protestant
Religion
are
to
be
found
,
(
as
was
declared
openly
in
Parliament
,
when
some
more
zealous
than
considerate
,
would
needs
press
the
mentioning
of
it
in
this
Oath
)
which
must
be
presumed
to
be
the
alone
use
of
that
Confession
in
this
Test
,
since
upon
this
account
the
Articles
thereof
were
refused
so
much
as
to
be
read
in
Parliament
,
as
being
no
part
of
our
Oath
,
and
formerly
ratified
by
Law
,
at
the
passing
of
the
Act
,
enjoy●ing
the
same
:
For
if
the
words
of
the
Oath
be
seriously
weighed
,
we
shall
find
,
that
by
this
Test
we
swear
to
own
,
profess
,
and
believe
not
every
Article
,
or
every
Proposition
,
or
every
Consequence
in
that
Confession
;
but
only
the
true
Protestant
Religion
contained
therein
,
and
which
Religion
we
believe
to
be
founded
on
,
and
agreeable
to
he
written
word
of
God
;
to
the
which
Religion
we
bind
our selves
to
adhere
all
the
days
of
our
life
,
and
to
educate
our
children
therein
&c
So
that
if
there
be
any
Article
,
or
proposition
,
or
consequence
contained
in
that
Consession
,
which
is
contrary
,
or
repugnant
to
the
true
Protestant
●eligion
to
be
found
in
the
☞
harmony
of
Confessions
;
We
do
not
swear
to
own
o●
believe
it
.
If
it
be
replied
,
that
by
that
Oath
and
Test
,
we
swear
to
disown
and
renounce
all
Principles
,
Doctrines
,
and
Practices
,
which
are
contrary
to
,
and
inconsistent
with
the
said
Protestant
Religion
,
and
Confession
of
Faith
,
and
that
therefore
we
are
bound
to
own
and
believe
all
Principles
and
Doctrines
which
are
contained
in
the
Confession
foresaid
.
Ans
1.
The
Confession
of
Faith
repeated
in
this
clause
cannot
be
supposed
to
be
understood
otherways
than
as
it
is
taken
in
the
former
,
which
is
only
designative
,
and
denoting
the
system
where
the
Protestant
Doctrine
is
to
be
found
,
ut
supra
.
2
:
The
words
of
the
Oath
do
sufficiently
clear
up
this
seeming
difficulty
,
which
are
,
That
I
disown
and
renounce
all
such
Doctrines
,
Principles
and
Practices
,
Popish
or
Fanatical
,
which
are
contrary
to
,
&c.
So
that
unless
there
be
errors
,
or
Heterodox
Doctrines
,
which
are
neither
Popish
nor
Fanatical
,
discovered
to
be
contained
in
the
Confession
foresaid
,
no
shadow
of
scruple
can
be
rationally
entertained
upon
this
account
;
and
tho
there
were
,
yet
it
is
apparent
,
that
the
intention
of
the
Parliament
,
in
inserting
that
Confession
into
this
Oath
,
was
only
so
far
as
it
stands
in
opposition
to
Popery
and
Fanticism
,
and
no
further
:
So
that
if
there
be
any
Doctrines
which
oppose
any
part
or
Article
of
that
Confession
,
which
are
neither
Popish
nor
Fanatical
,
we
are
not
bound
by
this
part
of
the
Oath
to
renounce
them
:
and
no
sound
loyal
Protestant
will
scruple
to
renounce
all
such
Doctrines
and
Principles
which
are
either
Popish
or
Fanatical
,
which
are
repugnant
to
this
Confession
foresaid
To
close
up
this
Head
of
Objections
drawn
from
the
Confession
foresaid
,
it
is
to
be
considered
,
that
the
famous
and
●earned
Doctors
of
Aberdeen
,
Anno
1638.
in
their
Demands
and
Duplys
,
do
in
Demand
11.
declare
and
take
God
to
witness
,
that
they
,
and
other
people
,
were
willing
to
subscribe
this
very
Confession
of
Faith
.
And
11
:
Duply
,
They
assert
,
that
they
are
ready
,
not
only
to
subscribe
,
but
to
swear
this
National
Confession
of
Faith
,
(
so
they
call
it
)
ratified
,
and
registred
in
Parliament
.
To
which
Declaration
they
add
the
Oath
sworn
by
them
,
when
they
received
the
degree
of
Doctorat
in
Theology
,
which
Oath
they
solemnly
again
renew
in
the
7.
Duply
.
And
this
they
judged
necessary
for
them
to
do
,
to
satisfie
the
world
,
that
they
were
no
favourers
of
Popery
,
which
,
as
then
,
so
now
,
is
the
Engine
whereby
to
calumniate
loyal
Subjects
,
and
soundest
Protestants
,
as
Papists
in
masquerade
.
By
which
we
understand
,
that
these
learned
loyal
Divines
,
and
Orthodox
,
(
the
glory
of
the
Reformed
Church
in
their
Age
)
who
well
understood
the
Protestant
Doctrine
,
the
unlawfulness
of
resisting
the
supreme
Magistrate
upon
any
pretence
whatsoever
,
the
intrinsik
power
of
the
Church
,
together
with
the
Interests
and
Rights
of
Episcopal
Government
,
did
not
scruple
to
subscribe
and
swear
this
Confession
of
Faith
,
and
that
as
a
Test
against
Popish
Errors
and
Supersition
.
So
that
they
who
shall
now
refuse
to
swear
to
own
and
believe
the
true
Protestant
Religion
,
reformed
from
Popery
,
contained
in
this
Confession
,
do
occasion
too
much
umbrage
of
suspicion
and
jealousie
that
they
are
not
sound
nor
solid
Protestants
.
As
to
the
second
Head
or
Classis
of
Objections
,
drawn
from
the
Oath
of
Allegiance
and
Supremacy
,
which
,
together
with
the
maintenance
of
the
Kings
Prerogative
,
is
asserted
and
sworn
in
the
Test
,
the
great
stress
of
the
Objections
founded
thereupon
lies
in
these
two
Particulars
:
That
the
Kings
Supremacy
,
as
it
is
asserted
by
the
Act
of
Parliament
,
viz
16
Anno
1669.
seems
to
deprive
and
devest
the
Church
of
all
its
intrinsick
Power
;
as
if
all
Ecclesiastical
Authority
were
derived
not
from
Jesus
Christ
,
the
alone
Prince
,
and
Vital
Head
of
his
Church
,
but
from
secular
Princes
and
Magistrates
.
And
2.
That
by
the
foresaid
Act
there
seems
to
be
a
Power
lodged
in
the
King
,
to
alter
and
change
the
established
Episcopal
Government
of
the
Church
,
at
his
Royal
pleasure
,
which
they
can
never
swear
to
maintain
as
a
Prerogative
of
the
Crown
who
believe
Episcopacy
to
be
of
Divine
Right
,
and
Apostolical
Institution
,
and
by
consequence
,
an
oecumenick
and
unalterable
Government
by
any
power
on
earth
.
For
the
more
clear
satisfaction
of
these
Objections
,
it
will
be
convenient
to
read
and
consider
that
Act
of
Parliament
,
November
the
16th
.
1669
:
(
in
which
,
upon
due
perusal
and
examination
,
nothing
new
or
dangerous
to
the
setlement
of
our
National
Church
,
will
be
found
comprehended
.
Our
Saviour
was
very
unconcerned
to
regulate
the
bounds
of
Soveraign
Powers
:
he
doth
not
examine
Pilate's
Power
to
judg
of
Blasphemy
or
Treason
,
but
acknowledgeth
and
submits
unto
it
:
And
so
his
Apostles
neither
enquire
into
the
Rights
of
the
Roman
Emperors
,
nor
limit
the
exercise
of
their
Power
,
but
seriously
recommend
to
all
good
Subjects
,
as
their
duty
,
submission
and
obedience
to
the
higher
Powers
:
and
they
leave
the
secular
Powers
of
the
world
in
possession
of
whatever
Authority
,
either
over
persons
or
matters
,
they
found
them
invested
with
.
The
Magistrate
doth
not
intitle
himself
to
the
Spiritual
Function
,
in
preaching
the
Word
,
administring
the
Sacraments
,
exercising
the
Power
of
Ordination
,
or
the
Keys
,
&c.
Our
gracious
King
never
challenged
these
spiritual
Powers
,
which
indeed
belong
to
the
Bishops
and
other
Ministers
of
the
Church
.
The
holiest
and
best
Kings
of
Israel
and
Judah
,
are
famous
for
abolishing
false
Worship
,
asserting
and
setling
of
the
Truth
:
Many
excellent
Ordinances
concerning
Religion
were
made
by
Moses
,
Ioshua
,
David
,
Solomon
,
Asa
,
Iosiab
,
&c.
which
are
recorded
and
applauded
by
the
Spirit
of
God
in
the
Scriptures
.
These
ordered
and
regulated
divine
worship
,
Sacraments
,
and
Covenants
with
God
;
they
erected
Altars
,
Temples
,
and
Tabernacles
,
and
dedicated
them
to
God
:
They
destroyed
Idolatry
,
reformed
abuses
in
Gods
House
and
service
,
and
both
setled
the
standing
worship
,
and
ordained
Thanksgivings
,
and
Humiliations
;
so
that
the
ordering
of
matters
of
Religion
was
not
exempted
from
the
supreme
secular
Power
under
the
Law
;
nor
did
the
Emperors
and
Sovereign
Princes
of
the
earth
by
imbracing
Christianity
lose
their
Power
injoyed
by
all
their
Predecessors
,
which
if
they
had
,
they
should
have
been
thereby
inevitably
exposed
to
the
disturbances
of
their
Government
by
Seditions
and
Rebellions
upon
every
frantick
eruption
of
religious
Melancholy
.
If
Constantine
had
not
interposed
his
Authority
for
suppressing
the
Arrian
Heresie
,
what
had
become
either
of
Government
or
Religion
?
The
drawing
up
of
Canons
for
regulating
Religion
our
Lord
committed
to
the
Apostles
and
their
Successors
the
Bishops
with
other
Ecclesiastical
persons
:
but
that
these
Canons
should
be
inforced
as
Laws
by
temporal
sanctions
and
penalties
,
this
flowed
from
the
authority
of
the
Civil
Power
:
And
accordingly
in
the
second
oecumenical
Council
,
the
Bishops
and
Fathers
assembled
at
Constantinople
beseech
Theodosius
the
elder
to
ratifie
the
Decrees
of
that
Synod
.
Justinian
established
the
main
Canon
or
Cod●x
of
the
Universal
Church
,
consisting
of
the
Canons
of
the
first
general
and
five
Ancient
provincial
Councils
,
commanding
them
to
be
keept
as
Laws
.
As
matters
of
Religion
have
not
been
exempted
from
the
cognizance
and
regulation
of
the
Supreme
Civil
Powers
,
much
less
can
the
exemption
of
Ecclesiastical
persons
be
pretended
.
Under
the
Law
,
we
find
Solomon
judging
an
High
Priest
offending
,
viz.
Abiathar
,
whom
he
turned
out
,
and
placed
Zadock
in
his
Room
and
Office
,
1
King
.
2.
27
,
35.
and
as
single
persons
,
so
if
we
consider
Church-Officers
in
their
Ecclesiastical
Meetings
and
Assemblies
,
we
find
the
Calling
thereof
lodged
in
the
supreme
Magistrate
;
for
Moses
,
not
Aaron
,
David
,
not
Abiathar
,
Solomon
,
not
Zadock
,
summoned
the
Priests
and
Levites
to
the
Meetings
,
so
under
the
Gospel
,
in
the
pure
and
primitive
times
,
we
find
no
Councils
,
nor
Synods
called
by
the
Bishop
of
Rome
,
nor
by
any
other
Bishop
,
or
by
any
other
Ministers
forming
themselves
into
Classical
and
Synodical
Meetings
,
against
,
or
without
the
Consent
of
the
Christan
Prince
or
Magistrate
.
To
any
who
will
be
at
the
pains
to
consult
Antiquty
or
Ecclesiastical
History
,
it
will
evidently
appear
,
that
the
indiction
of
times
and
places
,
the
convocating
of
persons
,
the
precedency
,
the
ordering
of
debates
,
the
dismission
of
Assemblies
,
the
confirmation
of
Canons
so
as
to
enforce
them
as
Laws
in
the
General
or
Provincial
Councils
,
were
all
performed
by
the
supreme
Magistrate
.
St.
Paul
himself
appealed
to
Caesar
,
when
arraigned
and
called
in
question
for
his
Religion
;
and
Athanasius
appealed
from
the
Synod
at
Tyre
to
Constantine
,
to
whom
were
two
appeals
made
in
the
case
of
Cassianus
and
Donatus
,
besides
many
other
instances
of
the
like
nature
.
And
it
were
heartily
to
be
wished
,
that
all
Church-men
and
Ministers
whatsoever
were
throughly
convinced
of
the
doctrine
and
duty
of
their
obedience
to
the
Supreme
Powers
,
otherways
as
they
grow
popular
they
become
dangerous
:
Sacerdoces
eo
quidem
sunt
ingenio
,
ut
ni
pareant
territent
St.
Chrysostom
comments
excellently
on
Rom.
13
,
v.
1.
2.
Let
every
soul
be
subject
,
saying
,
whether
he
be
an
Apostle
or
Evangelist
,
a
Prophet
,
&c.
let
him
be
subject
to
the
higher
Powers
.
Our
blessed
Saviour
and
the
Apostles
were
the
most
eminent
Ecclesiastical
persons
,
yet
did
not
think
themselves
exempted
from
the
Authority
and
Jurisdiction
of
the
Civil
Powers
;
and
if
the
24th
.
Article
of
the
Confession
of
Faith
,
mentioned
in
the
Test
,
be
considered
,
it
will
be
found
to
grant
as
much
to
the
Civil
Magistrate
as
here
is
asserted
and
yeelded
.
Yet
all
this
power
belonging
to
the
supreme
Magistrate
over
religious
persons
and
matters
doth
not
interfer
with
,
nor
suppress
the
intrinsik
and
essential
Power
,
and
Authority
of
the
Church
;
for
the
Church's
power
is
internal
and
spiritual
,
and
the
power
of
the
supreme
Magistrate
is
external
,
coercive
and
temporal
;
which
,
when
duely
weighed
in
a
just
balance
,
will
be
found
not
only
to
be
poised
of
just
different
kinds
and
natures
,
but
so
far
from
interfering
with
or
destroying
one
another
,
that
if
duely
and
rightly
managed
,
they
do
mutually
assist
and
support
each
other
.
Beside
,
the
sense
of
the
Oath
of
Supremacy
asserted
in
a
Speech
delivered
by
B.
James
Usher
then
Bishop
of
Meath
,
and
afterwards
Primate
of
Ireland
,
at
Dublin
,
Novemb.
22.
1622.
for
which
he
received
the
thinks
of
King
James
the
sixth
,
the
Solomon
of
his
Age
,
by
a
Letter
from
His
Majesty
,
dated
the
11.
day
of
January
1623.
is
so
clear
and
plain
,
that
it
leaves
no
place
for
any
manner
of
scruple
concerning
the
intrinsick
power
of
the
Church
,
as
if
it
were
invaded
and
incroached
upon
by
the
foresaid
Oath
;
where
it
is
said
,
That
the
Kings
Supremacy
reacheth
the
outward
man
only
,
but
the
spiritual
and
intrinsick
power
of
the
Church
reacheth
to
the
inward
;
this
binding
or
loosing
the
soul
,
that
laying
hold
only
on
the
body
,
and
things
belonging
thereto
:
Yea
,
there
is
an
Act
of
the
Parliament
of
England
,
13.
Eliz.
declaring
,
That
by
the
supreme
Government
given
to
the
Prince
is
understood
that
kind
of
Government
only
which
is
exercised
with
the
Civil
Sword
.
So
that
there
is
nothing
can
be
more
evident
than
that
by
the
Kings
Supremacy
,
as
asserted
by
the
Act
November
16.
1669.
no
incroachment
or
invasion
is
made
upon
the
spiritual
intrinsick
power
of
the
Church
.
Besides
,
by
the
very
express
words
of
that
assertory
Act
,
No
more
is
declared
to
belong
to
the
King
,
save
the
ordering
and
disposal
of
the
external
Government
and
Policy
of
the
Church
.
☞
And
again
,
The
administration
of
the
external
Government
of
the
Church
;
where
not
a
syllable
can
be
found
touching
upon
the
internal
,
spiritual
,
and
essential
power
and
iurisdiction
thereof
And
as
to
the
word
,
matters
,
contained
in
that
Act
,
&
the
Kings
emitting
Orders
concerning
religious
matters
as
well
as
persons
,
it
needs
stumble
no
thinking
person
,
as
if
our
Religion
were
thereby
exposed
to
dangers
at
the
pleasure
of
the
Prince
,
if
we
consider
the
following
words
,
viz.
Matters
to
be
proposed
and
determined
in
Ecclesiastical
Meetings
or
Assemblies
,
which
reserves
the
power
of
determining
matters
of
Religion
still
in
the
hands
of
that
Meeting
or
Assembly
:
So
that
tho
the
King
,
may
,
by
vertue
of
his
RoyalSupremacy
,
propose
any
matter
of
Religion
to
a
National
As●
.
Yet
it
is
not
to
pass
unto
an
act
,
till
first
it
be
determined
by
the
deliberate
and
free
consent
,
vote
and
suffrage
of
the
major
part
of
that
Ecclesiastical
Meeting
.
And
now
let
the
Impartial
Judg
,
if
any
so
great
security
for
the
true
Protestant
Religion
can
be
devised
as
to
have
all
Bishops
,
Ministers
,
and
Members
of
a
National
Synod
(
to
whom
the
determining
of
matters
of
Religion
by
Law
belongs
)
,
solemnly
sworn
and
bound
by
this
Oath
and
Test
,
to
adhere
to
the
same
Protestant
Religion
all
the
days
of
their
lives
,
and
never
to
consent
to
any
alteration
or
change
thereof
.
As
for
the
other
Objection
of
these
who
think
that
by
this
assertory
Act
,
1669.
there
is
a
power
declared
to
be
vested
in
the
King
,
to
alter
,
and
change
the
Established
Episcopal
Government
of
this
National
Church
,
which
these
who
believe
Episcopacy
to
be
of
Divine
Right
,
and
Apostolical
Institution
,
and
by
consequence
,
unalterable
by
any
humane
Authority
,
can
never
swear
to
belong
to
the
Crown
,
as
an
Inherent
Right
and
Prerogative
thereof
.
For
answer
:
Tho
this
point
of
the
Divine
Right
of
Episcopacy
is
tenderly
to
be
touched
,
the
Phrase
of
Jus
Divinum
being
in
terms
subject
to
misconstruction
;
yet
it
must
be
acknowledged
,
that
no
form
of
Church
-
Government
was
ever
yet
modelled
,
or
set
up
,
which
hath
not
claimed
to
a
Jus
Divinum
,
as
well
as
Episcopacy
,
tho
every
one
of
them
,
with
far
more
noise
,
but
with
far
less
reason
than
this
hath
done
,
For
the
Papists
ground
the
Popes
Oecumenical
Supremacy
upon
Christs
Commands
,
to
St.
Peter
,
to
execute
it
,
and
to
all
the
Flock
of
Christ
,
Soveraign
Princes
as
well
as
others
,
to
submit
to
him
,
as
to
their
Universal
Pastor
.
The
Presbyterians
cry
up
their
model
of
Government
,
tho
of
a
very
late
Edition
,
as
the
very
Scepter
of
Christs
Kingdom
,
to
which
all
Kings
are
bound
to
submit
theirs
,
making
it
also
unalterable
,
and
as
inevitably
necessary
to
the
being
of
a
Church
,
as
the
Word
and
Sacraments
.
The
Independents
assert
,
that
any
single
Confederate
Congregation
is
,
Jure
Divino
,
free
and
absolute
within
it self
,
to
govern
it self
by
such
Rules
as
shall
be
consented
to
by
its
Members
;
without
dependance
from
any
,
except
Jesus
Christ
alone
,
or
subjection
to
any
Prince
,
Bishop
,
or
any
other
Person
,
or
Consistory
whatsoever
:
So
that
all
these
other
flatly
deny
the
Kings
Supremacy
,
and
claim
a
Power
and
Jurisdiction
over
him
,
The
Presbyterians
agreeing
with
the
Papists
in
this
branch
of
Antichristianism
,
and
claiming
to
their
Consistories
as
full
and
absolute
Jurisdiction
over
Princes
,
even
to
the
highest
censure
by
Excommunication
,
as
the
Romanists
challenge
to
belong
to
the
Pope
;
or
pleading
,
at
least
,
a
priviledg
of
exemption
from
the
Kings
Authority
and
Jurisdiction
,
The
Independents
exempting
their
Congregations
from
all
Ecclesiastical
subjection
to
Christian
Kings
,
in
asample
manner
as
ther
Papists
do
their
Clergy
:
whereas
the
Protestant
Bishop
,
and
regular
Ministers
,
as
becometh
good
Christians
,
and
dutiful
Subjects
,
do
neither
pretend
to
any
Jurisdiction
over
the
King
,
nor
withdraw
their
Subjection
from
him
,
but
humbly
acknowledg
His
Majesty
to
have
Soveraign
Power
over
them
,
as
well
as
over
his
other
Subjects
,
and
that
in
all
matters
,
Ecclesiastical
as
well
as
Temporal
.
But
for
a
more
closse
Answer
to
this
Objection
,
They
who
believe
the
Indifferency
of
the
forms
and
models
of
Church-Goverment
cannot
have
any
scruple
on
this
Head
,
in
regard
of
the
present
Church-Government
.
For
should
it
be
changed
by
Authority
,
then
are
they
not
obliged
by
this
☞
Oath
any
longer
to
own
it
:
Cessante
enim
materia
juramenti
,
cessat
ejusdem
obligatio
:
radice
obligationis
sublata
,
tollitur
●●â
pullulans
inde
obligatio
.
according
to
all
Casuists
.
Juramentum
sequitur
naturam
&
conditionem
actus
cui
adjungitur
,
id
est
,
materiae
circa
quam
versatur
,
sicut
accessorium
sequitur
naturam
sui
principalis
,
accessorium
extinguitur
cum
principale
cadit
,
D.
Sandersone
.
These
who
believe
Episcopacy
to
be
of
Divine
Right
,
have
no
cause
to
fear
that
ever
the
King
will
alter
this
specifick
form
of
Church-Government
,
neither
inclination
,
nor
interest
moving
him
to
it
:
The
Aphorism
so
usual
with
His
Majesties
Royal
Grandfather
,
No
Bishop
no
King
,
cannot
but
make
deep
impression
on
His
Majesty
,
and
must
be
considered
not
only
as
a
sentence
full
of
present
truth
when
it
was
uttered
,
but
a
sad
prophecy
of
the
Tragical
events
which
after
ensued
:
And
as
the
greatest
and
most
politick
Underminers
of
the
Monarchy
did
of
late
,
so
their
successors
continue
still
to
make
their
oblique
and
first
assaults
upon
it
,
by
raising
their
batteries
against
the
setled
Episcopacy
.
3
:
If
the
words
of
that
assertory
Act
be
sedately
weighed
,
they
will
not
be
found
to
bear
the
weight
of
this
Objection
,
for
the
odds
are
vast
betwixt
them
,
a
power
to
order
,
and
dispose
the
external
Government
,
and
Policy
of
the
Church
,
together
with
the
ordering
of
the
administration
of
the
external
Government
of
the
Church
,
which
are
the
words
of
that
Act
,
and
the
power
of
altering
and
changing
the
specifick
and
essential
Government
of
the
Church
;
the
former
relating
to
the
Ecclesiastical
ordering
of
Ecclesiastical
Persons
,
Matters
and
Meetings
as
the
Act
it self
expresly
bears
.
The
King
may
,
and
ought
to
have
the
ordering
,
and
disposing
,
and
administration
of
the
external
Government
of
the
Church
,
without
claiming
a
power
to
alter
or
change
the
very
☜
Species
,
Body
,
and
essence
of
it
.
Nor
may
we
in
charity
presume
,
that
our
Gracious
King
challenges
any
such
power
to
himself
,
by
vertue
of
that
Act
assertory
;
nor
doth
it
hinder
any
to
believe
Episcopal
Government
to
be
institute
of
God
,
that
,
in
the
exercise
and
external
administration
thereof
,
it
is
subject
to
the
Orders
and
Authority
of
the
Prince
:
for
the
same
power
may
be
said
to
be
from
Heaven
,
and
to
be
of
men
under
different
notions
,
and
respects
;
to
be
from
Heaven
,
and
of
God
,
in
respect
of
the
substance
of
the
thing
in
general
,
and
to
be
of
men
,
in
respect
of
the
determination
of
sundry
particulars
requisite
to
the
lawful
and
laudable
exercise
thereof
:
Tho
the
Ministerial
Power
be
of
God
,
yet
are
the
Ministers
,
in
executing
the
Acts
proper
to
their
Ministerial
Functions
,
regulated
and
ordered
by
Ecclesiastical
Laws
,
Canons
of
the
Church
,
or
Acts
of
General
Assemblies
:
Nor
doth
the
derivation
of
any
power
from
God
necessarily
infer
the
Non-subjection
of
the
persons
in
whom
that
power
is
vested
to
any
others
,
as
to
the
managing
and
exercise
thereof
:
For
the
power
which
Fathers
have
over
their
Children
,
Husbands
over
their
Wives
,
Masters
over
their
Servants
,
is
from
Heaven
,
of
God
,
and
not
of
Men
;
yet
are
Parents
,
Husbands
,
Masters
,
in
the
exercise
of
their
several
respective
powers
,
subject
to
the
powers
,
Jurisdictions
,
and
Laws
of
the
lawful
Soveraigns
.
It
will
prove
a
very
difficult
task
for
any
man
to
find
out
a
clear
and
satisfying
reason
of
difference
,
in
this
present
case
,
betwixt
the
Ecclesiastical
power
&
Oeconomical
,
why
the
one
,
because
it
claimeth
to
be
of
Divine
Right
,
should
be
therefore
exempted
from
the
Regulation
of
it
,
in
its
exercise
,
by
humane
Laws
,
and
not
the
other
,
which
flows
from
Heaven
,
and
is
equally
of
Divine
Right
with
the
former
.
5.
In
fine
,
All
such
who
have
sworn
the
Oath
of
Allegiance
and
Supremacy
,
since
the
assertory
Act
was
made
,
Anno
1669
▪
can
have
no
pretence
to
scruple
the
taking
of
this
Test
,
upon
account
of
any
thing
contained
in
the
Act
of
Supremacy
,
already
sworn
by
them
,
in
as
much
as
they
must
be
understood
to
have
taken
that
Oath
in
the
sense
of
the
Lawgivers
who
framed
that
Act.
Before
we
come
to
the
Third
Classis
of
Objections
,
it
will
be
necessary
to
say
something
for
satisfaction
of
the
Doubts
of
some
who
apprehend
contradictions
betwixt
some
expressions
in
the
Consession
of
Faith
,
and
others
in
the
same
Consession
;
and
betwixt
some
assertions
therein
,
and
others
in
the
Test
:
So
that
they
think
by
taking
this
Oath
they
shall
he
ensnared
to
swear
to
contradictory
Propositions
.
Two
are
instanced
,
that
in
the
Article
concerning
the
Immortality
of
Souls
,
it
is
said
,
That
the
Elect
departed
this
life
are
delivered
from
all
torment
;
And
yet
in
the
same
Article
it
is
asserted
,
That
neither
the
Elect
nor
Reprobate
are
in
such
sleep
after
death
that
they
feel
no
torment
.
To
this
seeming
contradiction
it
is
answered
,
1.
That
this
flows
from
the
mistake
and
error
of
the
Printer
alone
,
and
not
from
any
fault
in
the
Confession
:
For
in
that
History
of
the
Reformation
of
the
Kirk
of
Scotland
,
of
the
foresaid
Edition
,
the
later
part
of
the
Article
runs
thus
:
So
that
neither
the
one
nor
the
other
are
in
such
sleep
that
they
feel
nothing
;
Which
clearly
takes
off
all
shadow
of
Contradiction
,
as
well
as
the
error
of
those
against
whom
that
Article
seemsto
be
levelled
.
But
finally
,
the
Latin
Paraphrase
of
it
,
in
the
Harmony
of
Confessions
,
takes
off
all
difficultly
:
For
there
the
words
run
thus
,
Adeo
ut
neque
hi
neque
illi
ita
dormiant
ut
non
sentiant
in
qua
conditione
versentur
.
Another
seeming
contradiction
,
is
betwixt
the
Confession
and
the
Test
,
viz.
Art
.
25.
it
is
said
,
That
they
who
resist
the
supreme
Powers
(
doing
that
which
belongs
to
their
charge
)
resist
Gods
Ordinance
,
and
they
who
deny
to
them
their
aid
,
counsel
,
comfort
,
&c
(
while
the
Prince●
and
Rulers
vigilantly
travel
in
the
execution
of
their
Office
,
)
these
deny
their
help
and
support
to
God
:
which
words
seem
to
disallow
the
resisting
of
the
supreme
Magistrate
,
only
conditionally
,
and
in
a
limited
and
restricted
sense
.
Again
the
Oath
and
Test
assert
,
That
it
is
unlawful
,
upon
any
pretence
whatsoever
,
to
take
up
arms
against
the
King
,
or
these
commissionate
by
him
;
which
doth
declare
the
resisting
of
the
Soveraign
power
to
be
simply
and
absolutely
unlawful
,
without
any
restriction
or
limitation
.
Ans.
Here
is
no
Contradiction
,
if
the
Logical
Rules
be
observed
:
For
,
to
resist
the
Supreme
Powers
doing
that
which
pertains
to
their
charge
is
to
resist
Gods
Ordinance
,
and
not
to
resist
the
Supreme
Powers
,
doing
that
which
pertains
to
their
charge
,
is
to
resist
Gods
Ordinance
,
were
indeed
a
contradiction
:
but
to
resist
the
Supreme
Powers
doing
that
which
appertains
to
their
charge
,
is
to
resist
Gods
Ordinance
:
and
to
resist
the
Supreme
Powers
,
upon
whatsoever
pretence
,
is
to
resist
Gods
Ordinance
,
imports
no
manner
of
contradiction
.
And
so
of
the
other
proposition
,
To
deny
aid
,
counsel
,
&c.
while
Princes
and
Rulers
vigilantly
travel
,
&c.
in
the
execution
of
their
Office
,
and
not
to
deny
aid
,
counsel
,
&c.
while
,
&c
are
contradictions
:
but
to
deny
aid
,
counsel
,
&c.
while
Princes
and
Rulers
vigilantly
travel
:
and
to
deny
aid
,
counsel
&c.
to
Princes
and
Rulers
,
upon
no
pretence
whatsoever
,
implies
nothing
of
a
contradiction
.
3.
When
it
is
told
.
That
at
the
very
time
of
the
framing
and
enacting
of
the
Test
,
this
Confession
was
represented
to
be
wanting
and
defective
in
the
Doctrine
of
the
absolute
unlawfulness
of
resisting
the
Soveraign
Magistrate
:
and
that
therefore
it
was
necessary
,
that
agreeably
to
the
peaceable
and
loyal
protestant
Doctrine
,
something
might
be
inserted
in
the
Test
to
make
that
point
more
clear
,
full
,
and
perspicuous
,
which
accordingly
was
done
:
And
whatever
bad
use
might
be
made
of
the
clause
in
the
25th
Article
,
the
scruple
it self
not
being
exempted
from
the
wresting
of
unlearned
and
perverse
men
,
for
serving
ill
designs
and
purposes
,
by
some
bus●ie
and
seditious
Spirits
,
to
introduce
the
Doctrine
of
Conditional
Allegiance
,
which
was
openly
advanced
by
the
late
Covenant
,
and
solemn
League
;
Yet
the
Assertion
contained
in
the
words
of
that
Article
is
undoubtedly
true
and
certain
.
vi●
That
the
lawful
Magistrate
is
not
to
be
resisted
,
while
he
does
what
pertains
to
his
charge
,
and
travels
vigilantly
in
the
execution
of
his
Office
:
tho
it
be
not
full
enough
,
or
sufficiently
extensive
,
but
is
more
clearly
and
fully
supplied
and
asserted
in
the
Oath
or
Test
it self
:
So
that
the
Doctrine
of
the
unlawfulness
of
resistance
,
asserted
in
the
Test
,
is
more
comprehensive
and
full
,
but
no
way
contrary
,
or
contradictory
thereto
.
And
indeed
it
were
most
impious
uncharitableness
for
any
to
suppose
that
the
same
Persons
and
Authority
which
asserteth
and
determineth
the
absolute
unlawfulness
of
resisting
in
one
branch
of
an
Oath
,
should
in
another
branch
of
the
same
Oath
,
allow
of
conditional
resistance
,
especially
while
they
proceed
gravely
and
deliberately
,
after
a
plain
representation
of
the
defects
of
the
Confession
,
in
this
very
point
of
Doctrine
.
So
that
the
Oath
being
to
be
taken
according
to
the
sense
and
meaning
of
the
framers
and
imposers
thereof
.
It
is
clear
as
light
,
that
the
late
Session
of
Parliament
,
which
injoins
this
Oath
,
understood
the
Doctrine
concerning
the
unlawfulness
of
resistance
,
in
the
simple
and
absolute
sense
supplied
and
exprest
in
the
later
part
of
the
●est
,
that
thereby
the
Protestant
Doctrine
might
be
vindicated
from
all
imputations
of
disloyalty
,
in
seeming
to
countenance
any
pretence
of
resisting
and
rebelling
against
the
Lawful
Power
which
God
in
his
providence
had
set
over
them
.
The
3d.
head
or
classis
of
Objections
is
drawn
from
that
of
asserting
the
unlawfulness
of
convocating
or
assembling
in
any
Councils
,
Conventions
,
&c.
to
consult
or
determine
,
in
any
matter
of
State
,
&c.
whence
some
Object
and
say
,
That
this
cuts
off
intrinsick
power
from
the
Church
of
holding
Religious
Assemblies
,
and
Church
Courts
,
for
giving
ordination
,
and
for
spiritual
censures
,
&c.
To
which
it
is
sufficiently
replied
already
by
shewing
that
the
spiritual
and
intrinsick
power
of
the
Church
,
as
to
this
matter
,
is
no
ways
hurt
and
damnified
,
by
making
Church
meetings
,
as
to
their
external
and
coercive
power
,
depend
upon
the
Supreme
Magistrate
his
allowance
and
regulation
.
The
words
of
the
Oath
and
Test
do
sufficiently
clear
up
this
mistake
,
which
do
not
bar
Christian
Subjects
from
Godly
communications
or
quiet
and
peaceable
meetings
for
Religious
Worship
,
in
preaching
the
word
,
Administration
of
the
Sacraments
,
and
the
internal
exercises
of
the
power
of
the
keys
by
ordination
and
spiritual
jurisdiction
,
censuring
Offenders
,
and
absolving
penitents
as
the
Apostles
and
the
Primitive
Christians
used
in
Ancient
times
of
Infidelity
and
persecution
,
but
only
obliges
not
to
hold
meetings
or
assemblies
for
treating
,
consulting
and
determining
in
any
matter
of
State
,
Civil
or
Ecclesiastical
,
&c.
which
in
the
plain
sense
and
meaning
relates
to
the
external
policy
of
the
Church
,
and
Peace
,
Order
,
and
Government
of
the
World
,
viz.
That
they
shall
not
meet
nor
form
themselves
in
Judicatories
to
make
Laws
,
or
to
invade
or
overturn
the
setled
Estate
and
Government
of
the
Church
,
or
Kingdom
,
without
the
Kings
express
Warrant
or
consent
,
which
every
sound
and
Loyal
Protestant
must
needs
acknowledg
he
is
bound
not
to
endeavour
,
unless
he
should
conclude
that
the
Sons
of
Peace
are
by
the
most
peaceful
institutions
of
the
Word
obliged
to
turn
Sons
of
Thunder
,
to
disturb
,
and
inflame
the
tranquillity
of
mankind
.
3.
When
we
assert
the
unlawfulness
of
meetings
and
conventions
,
it
is
understood
(
except
in
ordinary
Judgments
.
)
Which
clause
is
expresly
inserted
in
the
4th
Act
,
1
Sess.
1.
Par.
Char.
2d
,
whereby
His
Majesties
Royal
Prerogative
is
recognized
,
and
which
Prerogative
is
Sworn
in
the
Test
to
be
maintained
and
defended
.
The
holding
of
Green
Tables
and
Church
assemblies
in
the
beginning
of
the
late
fatal
Rebellion
against
our
late
blessed
King
,
and
Martyr
,
without
and
against
His
Majesties
Warrant
and
Licence
,
doth
sufficiently
discover
the
dangers
,
as
well
as
the
sinfulness
of
Church
Convocations
and
Illegal
Meetings
,
so
that
unless
a
man
discover
himself
too
forward
to
commence
new
Tumults
and
Insurrections
,
he
will
beware
to
entertain
such
Principles
which
tend
so
openly
to
advance
and
promote
them
The
4.
and
last
classis
of
Objections
,
which
militate
against
the
Oath
and
Test
,
is
drawn
from
that
clause
,
which
asserts
.
That
there
lies
no
obligation
from
the
Covenants
,
or
Solemn
League
or
Covenant
,
or
any
other
manner
of
way
whatsoever
,
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
:
Whence
some
object
and
say
,
That
no
Policy
or
Government
in
the
world
is
so
perfect
as
not
in
something
to
need
correction
and
amendment
,
which
every
one
that
is
entrusted
with
the
management
thereof
,
ought
to
endeavour
,
and
in
his
proper
station
,
to
reform
and
better
it
,
and
therefore
it
seems
unlawful
to
swear
never
to
endeavour
any
alteration
in
the
Government
,
Civil
or
Ecclesiastik
.
And
seeing
endeavour
here
may
refer
to
the
forementioned
means
of
Leagues
,
Covenants
,
Councils
,
Conventions
and
Assemblies
,
relating
to
State-Affairs
Ecelesiastik
or
Civil
,
or
of
taking
up
of
Arms
,
[
which
no
pious
or
loyal
Subject
will
decline
to
renounce
]
without
the
Kings
express
licence
:
It
is
obvious
,
that
by
change
or
alteration
in
the
Government
,
nothing
else
can
be
reasonably
understood
,
but
the
subversion
of
the
specifik
established
Government
,
or
of
the
fundamental
Constitution
thereof
;
and
not
of
every
circumstance
,
☜
or
unnecessary
part
thereof
,
as
is
cleared
beyond
doubt
,
by
the
same
Parliament
which
formed
and
enjoyned
this
Oath
and
Test.
Wherein
many
excellent
Acts
are
made
for
bettering
and
securing
the
Government
,
both
in
Church
and
State
:
So
that
it
cannot
be
supposed
,
that
by
this
clause
,
any
regular
endeavour
to
rectifie
or
better
the
established
Government
of
both
,
is
renounced
;
but
only
such
impious
and
☜
irregular
endeavours
and
attempts
as
intend
to
shake
or
subvert
the
substance
,
species
,
and
body
of
the
Monarchy
and
Episcopacy
or
the
fundamental
Laws
and
Constitutions
thereof
.
Hence
it
appears
a
meer
quible
,
to
cavil
upon
the
Particle
,
(
as
)
it
is
established
;
which
some
think
had
been
better
expressed
by
,
(
which
)
is
established
by
Law
,
since
by
what
is
said
,
the
Particle
(
as
)
is
not
to
be
taken
reduplicative
,
but
specificative
,
relating
to
the
species
,
and
substance
of
the
Government
.
And
it
is
a
cavil
,
no
less
f●ivoious
,
which
is
made
upon
the
Particle
(
in
)
●he
Government
;
which
they
say
had
been
been
better
expressed
,
of
the
Government
,
since
that
Particle
(
in
,
)
must
neither
relate
to
the
substance
,
species
,
and
fundamentals
of
these
Governments
,
to
endeavour
the
alteration
or
change
whereof
is
entirely
unlawful
by
this
Oath
;
or
it
must
be
interpreted
by
the
Parricle
(
of
)
,
by
which
the
sinfulness
of
any
Subjects
endeavouring
the
change
or
subversion
of
the
setled
Monarchy
,
and
Episcopacy
,
is
sworn
and
asserted
.
The
last
clause
in
the
Test
●●e●●ing
it
to
be
taken
in
the
plain
and
genuine
sense
and
meaning
of
the
words
,
without
any
equivocation
or
men
☜
tal
reservation
.
&c
doth
not
exclude
the
sensing
and
interpreting
the
same
by
the
common
Rules
of
Speech
,
as
well
as
of
Iustice
and
equity
.
This
Interpretation
imports
no
more
than
singly
to
make
clear
and
plain
any
word
or
sentence
therein
,
which
may
seem
to
any
to
be
dark
or
dubious
,
which
serves
only
to
disco
ver
the
genuine
sense
of
the
☜
Oath
,
and
the
true
design
and
meaning
of
the
imposers
thereof
;
which
is
all
that
by
this
essay
is
undertaken
and
endeavoured
.
And
if
a
man
may
swear
to
believe
the
Articles
of
the
Apostolik
Creed
,
or
the
several
petitions
of
the
Lords
Prayer
,
or
the
Doctrine
contained
in
the
Ten
Commands
of
the
Moral
Law
,
without
any
equivocation
,
mental
reservation
,
or
evasion
,
&c.
which
yet
he
cannot
do
,
without
an
interpretation
put
upon
some
Articles
of
the
Creed
,
viz.
of
the
descent
into
Hell
,
and
upon
some
Petitions
in
the
Lords
Prayer
;
as
Give
us
this
day
our
dayly
bread
,
and
on
some
of
the
Ten
Commandments
,
as
the
Fifth
,
and
the
words
of
the
Fourth
Commandment
:
then
may
we
also
swear
this
Oath
,
th●
some
words
,
or
phrases
in
it
need
a
sense
or
illustration
☜
to
be
put
on
them
.
Must
a
Christian
abstain
therefore
from
saying
the
Lords
Prayer
?
No.
Neither
for
this
need
we
to
admit
any
ambiguity
or
equivocation
:
The
word
certainly
hath
but
one
true
sense
and
signification
;
but
divers
persons
understand
them
according
to
the
different
measures
of
their
light
.
These
are
the
most
ordinary
and
popular
scruples
of
greatest
seeming
force
,
which
are
commonly
offered
against
this
Oath
and
Test
,
and
upon
the
issue
they
appear
to
be
founded
upon
mistakes
of
the
true
sense
and
meaning
of
some
words
and
clauses
therein
;
and
misconstructing
of
the
design
Authority
had
in
framing
and
imposing
the
same
.
And
now
we
having
been
in
duty
so
tender
and
compassionate
toward
the
Loyaland
Regular
Protestant
Subjects
,
(
this
Vindication
being
intended
for
the
satisfaction
neither
of
Papists
nor
Fanatiks
)
,
as
to
endeavour
by
this
short
essay
to
clear
these
doubts
and
scruples
which
might
arise
in
their
minds
upon
the
Oath
,
that
thereby
they
may
perceive
the
genuine
sense
of
the
same
,
whereby
it
clearly
appears
,
that
we
are
not
Sworn
by
it
to
maintain
or
believe
every
Article
,
assertion
,
or
clause
in
the
Confession
of
Faith
☜
therein
mentioned
,
but
only
the
true
Christian
Protestant
Religion
,
as
it
is
reformed
from
the
errours
and
superstitions
of
the
Romish
Church
and
other
Heresies
;
and
that
by
it
no
power
is
asserted
to
belong
to
the
Prince
which
is
inconsistent
with
,
or
destructive
of
the
Specifik
Established
Government
of
the
Church
,
or
the
intrinsik
or
Spiritual
Jurisdiction
thereof
;
it
may
be
fairly
hoped
that
all
good
&
Peaceable
Subjects
with
their
Ministers
&
others
will
meekly
receive
the
Satisfaction
here
offered
unto
them
,
and
compose
their
minds
to
a
chearful
acquiescence
in
the
Wisdom
of
their
Governours
,
who
have
judged
this
Oath
so
necessary
for
defeating
the
pretended
Obligations
of
many
former
unlawful
and
Treasonable
Oaths
,
and
the
best
mean
and
expedient
for
securing
the
Church
and
Protestant
Religion
,
together
with
the
Monarchy
,
from
all
danger
of
Subversion
from
the
Papists
on
the
one
hand
,
and
the
Fanatiks
on
the
other
.
It
cannot
but
be
lookt
on
as
a
fatal
thing
,
if
any
Conformist
Ministers
or
truly
Loyal
Protestants
,
for
whose
interest
,
Peace
and
Security
,
this
Oath
was
chiefly
formed
and
injoyned
,
should
not
only
,
after
what
is
said
,
continue
to
entertain
peevish
scruples
themselves
,
but
undutifully
to
fill
the
minds
of
the
Populacie
with
prejudices
as
unjust
as
uncharitable
against
it
,
contrary
to
the
Rules
of
our
most
peaceable
Religion
,
and
therein
following
the
steps
of
these
incendiaries
who
fatally
fired
the
Kingdom
in
the
late
Age
,
by
instilling
prejudices
into
the
unwary
Mobile
from
the
Pulpits
,
or
other
ways
,
branding
the
Actions
of
the
K.
and
Par.
as
imposing
things
sinful
and
unlawful
.
This
sure
will
prove
the
greatest
advantage
the
promoters
of
the
Romish
Interest
will
propose
to
themselves
against
our
Church
and
Religion
,
in
as
much
as
every
Schism
and
Breach
amongst
us
,
and
concussion
in
the
Ancient
Government
of
our
Church
,
doth
visibly
hazard
the
dissolution
of
the
whole
fabrick
of
our
Religion
.
And
if
things
still
go
on
at
this
rate
,
the
explanation
that
some
in
our
late
Distractions
and
Rebellion
made
of
that
passage
,
St.
John
11.
v.
45.
Venient
Romani
&
capient
gentem
nostram
,
will
prove
too
true
a
Prophecy
,
and
Popery
will
overturn
all
at
last
.
It
is
a
wonder
indeed
to
see
how
the
Fanatical
adversaries
of
this
poor
Church
have
in
so
short
a
time
been
so
strangely
multiplied
in
their
number
,
and
divided
and
subdivided
into
so
many
special
opinions
and
Principles
,
crumbled
into
factions
and
fractions
,
biting
and
ready
to
devour
one
another
:
And
if
loyal
Protestants
also
fall
in
pieces
and
by
the
ears
among
themselves
,
upon
most
unseasonable
and
uncharitable
scruples
,
may
it
not
be
feared
,
that
the
vigilant
adversary
,
who
is
intent
upon
all
manner
of
advantages
,
will
,
when
he
spieth
his
time
,
over-master
all
with
the
more
ease
and
less
resistance
.
It
cannot
in
charity
be
doubted
,
but
the
love
of
the
Church's
Peace
and
Unity
,
Loyalty
to
the
best
of
Monarchs
,
pious
care
for
preserving
and
securing
our
excellent
Religion
from
Popery
,
Disloyalty
,
and
Enthusiasm
,
with
the
zeal
of
loyal
and
regular
Ministers
for
the
benefit
and
education
of
Christian
Schools
,
under
their
spiritual
conduct
,
and
the
dutiful
regard
and
deference
men
owe
to
their
spiritual
and
temporal
Governours
will
prevail
with
humble
,
meek
and
teachable
minds
,
by
interpreting
all
the
actions
of
Authority
in
the
best
and
most
favourable
sense
,
to
resolve
and
overcome
all
scruples
,
that
stand
in
the
way
of
their
duty
,
and
frankly
and
readily
to
embrace
what
the
most
transcendent
Authority
of
this
Nation
hath
,
from
sincere
and
pious
intentions
,
enjoyned
and
imposed
,
for
so
pious
and
excellent
ends
.
If
this
small
Apology
be
read
without
gall
or
prejudice
,
the
Reader
will
not
catch
at
Particles
or
Syllables
,
but
studying
the
peace
of
this
Church
and
Kingdom
,
will
receive
without
peevishnesse
,
prejudice
or
partiality
,
the
satisfaction
which
herein
is
with
so
much
affection
and
charity
endeavoured
and
tendered
,
then
the
pains
herein
taken
shall
be
thought
well
placed
and
imployed
.
EDENBURGH
,
Sederunt
tertio
Die
Novembris
1681.
His
Royal
Highness
,
&c.
-
Athol
Praeses
,
-
Montrose
,
-
Argyle
,
-
Winton
,
-
Linlithgow
,
-
Perth
,
-
Strathmore
,
-
Roxburgh
,
-
Ancram
,
-
Airley
,
-
Balcarres
,
-
Lorn
,
-
Levingston
,
-
Bishop
of
Edenburgh
,
-
Elphinston
,
-
Rosse
,
-
Dalziel
,
-
President
of
Session
;
-
Treasurer
Deputy
,
-
Register
,
-
Advocate
,
-
Justice
Clerk
,
-
Collintoun
,
-
Lundie
.
This
day
the
Earl
of
Argyll
having
first
openly
declared
his
sense
▪
as
you
have
it
hereafter
set
down
in
his
explication
,
took
the
Test
,
as
a
Privy
Councellor
,
and
after
he
was
called
to
,
and
had
taken
his
place
,
the
Councils
explication
,
which
I
have
already
mentioned
,
having
been
formerly
read
and
debated
,
was
put
to
the
vote
,
and
passed
,
the
Earl
not
voting
thereto
,
as
hath
been
remarked
.
Edenburgh
,
the
3d
day
of
November
,
1681.
The
Privy
Councils
Explanation
of
the
Test.
FOrasmuch
as
some
have
entertained
jealousies
,
and
prejudices
aganst
the
Oath
and
Test
appointed
to
be
taken
by
all
persons
in
publik
Trust.
Civil
,
Ecclesiastical
,
or
Military
,
in
this
Kingdom
,
by
the
Sixth
Act
of
His
Maje
〈…〉
ies
Third
Parliament
;
as
if
thereby
they
were
to
swear
to
every
Proposition
or
Clause
of
the
Confession
of
Faith
therein
mentioned
,
or
that
invasion
were
made
by
it
upon
the
intrinsik
spiritual
Power
of
the
Church
,
or
Power
of
the
Keys
,
or
as
if
the
present
Episcopal
Government
of
this
National
Church
,
by
Law
established
were
thereby
exposed
to
the
hazard
of
alteration
,
or
subversion
:
All
which
are
far
from
the
intention
,
or
design
of
the
Parliament's
imposing
this
Oath
,
and
from
the
genuine
sense
and
meaning
thereof
:
Therefore
His
Royal
Highness
▪
His
Majesties
High
Commissioner
,
and
Lords
of
Privy-Council
,
do
allow
,
authorise
,
and
impower
the
Archbishops
and
Bishops
to
administer
this
Oath
and
Test
to
the
Ministers
,
in
their
respective
Diocesses
,
in
this
express
sense
:
(
1.
)
That
tho
the
Confession
of
Faith
,
ratified
in
Parliament
1567.
was
framed
in
the
Infancy
of
Reformation
,
and
deserves
its
due
praise
yet
by
the
Test
we
do
not
swear
to
every
Proposition
,
or
clause
therein
contained
,
but
only
to
the
true
Protestant
Religion
,
founded
on
the
word
of
God
,
contained
in
that
Confession
as
it
as
opposed
to
Popery
and
Fanaticism
.
(
2.
)
That
by
the
Test
,
or
any
clause
therein
contained
,
no
invasion
or
encroatchment
is
made
or
intended
upon
the
intrinsik
spiritual
power
of
the
Church
,
or
power
of
the
Keys
,
as
it
was
exercised
by
the
Apostles
;
and
the
most
pure
and
primitive
Church
,
in
the
first
three
Centuries
after
Christ
,
and
which
is
still
reserved
intirely
to
the
Church
.
(
3.
)
That
the
Oath
and
Test
is
without
any
prejudice
to
the
Episcopal
Government
of
this
National
Church
,
which
is
declared
by
the
first
Act
of
the
second
Session
of
His
Majesties
first
Parliament
,
to
be
most
agreeable
to
the
word
of
God
,
and
most
suitable
to
Monarchy
,
and
which
upon
all
occasions
His
Majesty
hath
declared
he
will
inviolably
and
unalterably
preserve
.
And
appoint
the
Archbishops
,
and
Bishops
to
require
the
Ministers
in
their
respective
Diocesses
,
with
their
first
conveniency
,
to
obey
the
Law
in
swearing
and
subscribing
the
foresaid
Oath
and
Test
with
certification
,
that
the
refusers
shall
be
esteemed
persons
disaffected
to
the
Protestant
Religion
,
and
to
his
Majesties
Government
;
and
that
the
punishment
appointed
by
the
foresaid
sixth
Act
of
His
Majesties
third
Parliament
shall
be
impartially
,
and
without
delay
inflicted
upon
them
.
By
me
.
Pet.
Menzeis
.
Sederunt
quarto
Die
Novembris
,
1681.
His
Royal
Highness
,
&c.
-
Montrose
Praeses
,
-
Perth
,
-
Ancram
,
-
Levingston
,
-
President
of
Session
,
-
Advocate
,
-
Winton
,
-
Strathmore
,
-
Airley
,
-
Bishop
of
Edenburgh
,
-
Treasurer
Deputy
,
-
Lundie
.
-
Linlithgow
,
-
Roxburgh
,
-
Balcaras
,
-
Elphynstoun
,
-
Register
,
This
day
the
Earl
of
Argyle
being
about
to
take
the
Test
,
as
a
Commissioner
of
the
Treasury
,
and
having
uponcommand
produced
a
paper
bearing
the
sense
in
which
he
took
the
Test
,
the
preceeding
day
,
and
in
which
he
would
take
the
same
,
as
a
Commissioner
of
the
Treasury
;
Upon
consideration
thereof
,
it
was
resolved
,
that
he
cannot
sit
in
Council
,
not
having
taken
the
Test
,
in
thesense
and
meaning
of
the
Act
of
Parliament
,
and
therefore
was
removed
.
The
Earl
of
Argyle's
Explication
of
the
Test
when
he
took
it
I
Have
considered
the
Test
,
and
I
am
very
desirous
to
give
obedience
as
far
as
I
can
.
I
'm
confident
the
Parliament
never
intended
to
impose
contradictory
Oaths
:
Therefore
I
think
no
man
can
explain
it
but
for
himself
.
Accordingly
I
take
it
,
as
far
as
it
is
consistent
with
it self
,
and
the
Protestant
Religion
.
And
I
do
declare
That
I
mean
not
to
bind
up
my self
in
my
station
,
and
in
a
lawful
way
,
to
wish
and
endeavour
any
alteration
I
think
to
the
advantage
of
Church
or
State
,
not
repugnant
to
the
Protestant
Religion
and
my
Loyalty
.
And
this
I
understand
as
a
part
of
my
Oath
.
But
the
Earl
finding
,
as
hath
been
narrated
,
this
his
Explication
,
though
accepted
,
and
approven
by
His
Highness
and
Council
,
the
day
before
,
to
be
this
day
carped
and
offended
at
,
and
advantages
thereupon
sought
and
designed
against
him
,
did
immediatlie
draw
up
the
following
Explanation
of
his
Explication
,
and
for
his
own
vindication
did
first
communicat
it
to
some
privatlie
,
and
thereafter
intended
to
have
offered
it
at
his
trial
for
clearing
of
his
defences
.
The
Explanation
of
his
Explication
.
I
Have
delayed
hitherto
to
take
the
Oath
,
appointed
by
the
Pa
〈…〉ent
to
be
taken
,
betwixt
and
the
first
of
January
nixt
:
but
now
being
required
,
〈◊〉
two
moneths
sooner
to
take
it
,
this
day
peremptourly
or
to
refuse
.
I
have
considered
the
Test
,
and
have
seen
several
Objections
moved
against
it
,
especially
by
many
of
the
Orthodox
Clergy
,
notwithstanding
whereof
,
I
have
endeavoured
to
satisfie
my self
with
a
just
explanation
which
I
here
offer
,
that
I
may
both
satisfie
my
conscience
,
and
obey
Your
Highness
,
and
Your
Lordships
commands
in
taking
the
Test
;
though
the
Act
of
Parliament
do
not
simply
command
the
thing
,
but
only
under
a
certification
,
which
I
could
easily
submit
to
,
if
it
were
with
Your
Highness
favour
,
and
might
be
without
offence
,
but
I
love
not
to
be
singular
,
and
I
am
very
desirous
to
give
obedience
in
this
and
everything
as
far
as
I
can
,
and
that
which
clears
me
is
that
I
am
confident
whatever
any
man
may
think
,
or
say
to
the
prejudice
of
this
Oath
,
the
Parliament
never
intended
to
impose
contradictory
Oaths
;
and
because
their
sense
,
(
they
being
the
framers
and
imposers
)
is
the
true
sense
,
and
that
this
Test
injoyned
is
of
no
privat
interpretation
,
nor
are
the
Kings
Statuts
to
be
interpreted
but
as
they
●ear
,
and
to
the
intent
they
are
made
,
Therefor
I
〈…〉
nk
no
man
,
that
is
,
no
privat
person
,
can
explain
it
for
another
,
to
amuse
or
trouble
●im
with
(
it
may
be
)
mistaken
glosses
.
But
every
man
as
he
is
to
take
it
,
so
is
to
ex
〈…〉
ain
it
for
himself
and
to
endeavour
to
understand
it
,
(
notwithstanding
all
these
exce
〈…〉
on
s
)
in
the
Parliaments
,
which
is
its
true
,
and
genuine
sense
.
I
take
it
therefore
notwithstanding
any
scruple
made
by
any
as
far
as
it
is
consistent
with
it self
,
and
the
Protestant
Religion
which
is
wholly
in
the
Parliaments
sense
,
and
their
true
meaning
;
which
[
being
present
]
I
am
sure
,
was
owned
by
all
to
be
the
securing
of
the
Protestant
Religion
,
founded
on
the
word
of
God
,
and
contained
in
the
Confession
of
Faith
recorded
I.
6
p.
1.
c.
4.
And
not
out
of
scruple
as
if
any
thing
in
the
Test
did
import
the
contrary
,
but
to
clear
my self
from
all
cavils
;
as
if
thereby
I
were
bound
up
further
then
the
true
meaning
of
the
Oath
.
I
doe
declare
that
by
that
part
of
the
Test
,
that
there
lyes
no
obligation
on
me
&c.
I
mean
not
to
bind
up
my self
,
in
my
station
,
and
in
a
lawfull
way
,
still
disclaming
all
unlawful
endeavours
,
to
wish
,
and
endeavour
any
alteration
I
think
,
according
to
my
conscience
,
to
the
advantage
of
Church
,
or
State
,
not
repugnant
to
the
Protestant
Religion
,
and
my
Loyalty
and
by
my
Loyalty
,
I
understand
no
other
thing
then
the
words
plainly
bear
,
to
wit
the
duty
and
allegiance
of
all
Loyal
Subjects
and
this
explanation
I
understand
as
a
part
not
of
the
Test
or
Act
of
Parliament
,
but
as
a
qualifying
part
of
my
Oath
that
I
am
to
swear
,
and
with
it
I
am
willing
to
take
the
Test
,
if
Your
Royal
Highness
,
and
Your
Lordships
allow
me
,
or
otherwise
,
in
submission
to
Your
Highness
,
and
the
Councils
pleasure
,
I
am
content
to
be
held
as
a
refuser
at
present
.
The
Councils
Letter
to
His
Majesty
,
concerning
their
having
committed
the
Earl
of
Argyle
.
May
it
please
your
Sacred
Majesty
,
THE
last
Parliament
having
made
so
many
and
so
advantageous
Acts
,
for
securing
the
Protestant
Religion
,
the
Imperial
Crown
of
this
Kingdom
,
and
your
Majesties
Sacred
Person
(
whom
God
Almighty
long
preserve
)
and
having
,
for
the
last
,
and
as
the
best
way
for
securing
all
these
,
appointed
a
Test
to
be
taken
by
all
who
should
be
entrusted
with
the
Government
;
which
bears
expresly
,
That
the
same
should
be
taken
in
the
plain
and
genuine
sense
and
meaning
of
the
words
;
We
were
☜
very
careful
,
not
to
suffer
any
to
take
the
said
Oath
or
Test
,
with
their
own
Glosses
or
Explications
:
but
the
Earl
of
Argyle
having
,
after
some
delays
,
come
to
Council
,
to
take
the
said
Oath
,
as
a
Privy-Councellor
,
spoke
some
things
which
were
not
then
heard
,
nor
adverted
to
,
and
when
his
Lordship
at
his
next
offering
to
take
it
in
Co●ncil
,
as
one
of
the
Commissioners
of
your
Majesties
Tresury
,
was
commanded
to
take
it
simply
,
he
refused
to
do
so
;
but
gave
in
a
Paper
,
shewing
the
only
sense
in
which
he
would
take
it
,
which
Paper
we
all
considered
,
as
that
which
had
in
it
gross
and
scandalous
Reflections
upon
that
excellent
Act
of
Parliament
,
making
it
to
contain
things
contradictory
☜
and
inconsistent
;
and
thereby
depraving
your
Majesties
Laws
,
misrepresenting
your
Parliament
,
and
teaching
your
Subjects
to
evacuate
and
disappoint
all
Laws
and
Securities
that
can
be
enacted
for
the
preservation
of
the
Government
;
suitable
to
which
his
Lordship
declares
in
that
Paper
,
That
he
means
not
to
bind
up
himself
from
making
any
alterations
he
shall
think
fit
,
for
the
advantage
of
Church
or
State
;
and
which
Paper
he
desires
may
be
looked
upon
as
a
part
of
his
Oath
,
as
if
he
were
the
Legislator
,
and
able
to
add
a
part
to
the
Act
of
Parliament
.
Upon
serious
perusal
of
which
Paper
we
found
our selves
obliged
to
send
the
said
Earl
to
the
Castle
of
Edenburgh
,
and
to
to
transmit
the
Paper
to
your
Majesty
,
being
expresly
obliged
to
both
these
by
your
Majesties
express
Laws
.
And
we
have
commanded
your
Majesties
Advocate
to
raise
a
pursuit
against
the
said
Earl
,
forbeing
Author
,
and
having
given
in
the
said
Paper
:
And
for
the
further
prosecution
of
all
relating
to
this
Affair
,
we
expect
your
Majesties
Commands
,
which
shall
be
most
humbly
and
faithfully
obeyed
by
Your
Majesties
most
Humble
,
most
Faithful
,
and
most
Obedient
Subjects
and
Servants
Edenburgh
,
Nov.
8.
1681.
Sic
Subscribitur
,
-
Glencairne
,
-
Winton
,
-
Linlithgow
,
-
Perth
,
-
Roxburgh
,
-
Ancram
,
-
Airlie
,
-
Levingstoun
,
-
Io.
Edinburgen
:
-
Ross
,
-
Geo.
Gordoun
,
-
Ch.
Maitland
,
-
G.
Mckenzie
,
-
Ja.
Foulis
,
-
I.
Drumond
.
The
Kings
Answer
to
the
Councils
Letter
.
C.
R.
Novemb.
15.
1681.
MOst
dear
,
&c.
having
in
one
of
your
Letters
directed
unto
us
,
of
the
8.
Instant
,
received
a
particular
account
of
the
Earl
of
Argyle's
refusing
to
take
the
Test
simply
,
and
of
your
proceedings
against
him
,
upon
the
occasion
of
his
giving
in
a
Paper
,
shewing
the
only
sense
in
which
he
will
take
it
,
which
had
in
it
gross
and
scandalous
Reflections
upon
that
excellent
late
Act
of
our
Parliament
there
,
by
which
the
said
Test
was
enjoyned
to
be
taken
;
we
have
now
thought
fit
to
let
you
know
,
that
as
we
do
hereby
approve
these
your
Proceedings
,
particularly
your
sending
the
said
Earl
to
our
Castle
of
Edenburgh
;
and
your
commanding
our
Advocate
to
raise
a
Pursuit
against
him
,
for
being
Author
of
,
and
having
given
in
the
said
Paper
;
so
we
do
also
authorize
you
to
do
all
things
that
may
concern
the
further
prosecution
of
all
relating
to
this
Affair
.
Nevertheless
,
it
is
our
express
will
and
pleasure
.
That
before
any
Sentence
shall
be
pronounced
against
him
,
at
the
Conclusion
of
the
Process
,
you
send
us
a
particular
account
of
what
he
shall
be
found
guilty
of
,
to
the
end
that
,
after
our
being
fully
informed
thereof
,
we
may
signifie
our
further
pleasure
in
this
matter
.
For
doing
whereof
,
&c.
But
as
notwithstanding
the
Councils
demanding
by
their
letter
His
Majestie
's
allowance
for
prosecuting
the
Earl
,
they
before
any
return
caused
His
Majestie
's
Advocat
exhibit
ane
indictment
against
him
,
upon
the
points
of
slandering
and
depraving
,
as
hath
been
already
remarked
so
after
having
receaved
His
Majestie
's
answer
,
the
design
growes
,
and
they
thought
fit
to
order
a
new
indictment
containing
beside
the
former
Points
the
crimes
of
treason
and
perjury
,
which
accordingly
was
exhibit
,
and
is
here
subjoyned
,
the
difference
betwixt
the
two
indictments
being
only
in
the
particulars
above
noted
.
The
Copy
of
the
Indictment
against
the
Earl
of
Argyle
.
Archibald
Earl
of
Argyle
,
YOU
are
indicted
and
accused
,
That
albeit
by
the
Common
Law
of
all
well-govern'd
Nations
,
and
by
the
Municipal
Law
and
Acts
of
Parliament
of
this
Kingdom
;
and
particularly
,
by
the
21
,
and
by
the
43d
Act
,
Par.
2
James
1.
and
by
the
83d
Act
,
Par.
6.
James
5.
and
by
the
34th
Act
Par.
8.
James
6.
and
the
134th
Act
,
Par
8
James
6.
and
the
205th
Act
,
Par.
14.
James
6.
All
leasing-makers
,
and
tellers
of
them
,
are
punishable
with
tinsel
of
Life
and
Goods
;
like
as
by
the
107th
Act.
Par.
7.
James
1
▪
it
is
statuted
,
That
no
man
interpret
the
Kings
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
Kings
will
:
And
by
the
10th
Act
,
Par.
10.
James
6.
it
is
statuted
That
none
of
His
Majesties
Subjects
presume
or
take
upon
him
publikly
to
declare
,
or
privately
to
speak
or
write
any
purpose
of
reproach
or
slander
of
His
Majesties
Person
,
Estate
or
Government
,
or
to
deprave
his
Laws
,
or
Acts
of
Parliament
,
or
mistconstrue
his
Proceedings
,
whereby
any
mistaking
may
be
moved
betwixt
his
Highness
,
his
Nobility
,
and
loving
Subjects
,
in
time
coming
,
under
pain
of
death
;
certifying
them
that
does
in
the
contrary
,
they
shall
be
reputed
as
seditious
and
wicked
instruments
,
enemies
to
his
Highness
,
and
to
the
Commonwealth
of
this
Realm
:
and
the
said
pain
of
death
shall
be
executed
against
them
with
all
rigour
,
to
the
example
of
others
:
And
by
the
second
Act
,
Ses.
2.
Par.
1
Char.
2.
it
is
statuted
,
That
whosoever
shall
by
writing
,
libelling
,
remonstrating
,
express
,
publish
,
or
declare
any
words
or
sentences
,
to
stir
up
the
people
to
the
dislike
of
His
Majesties
Prerogative
and
Supremacy
,
in
causes
Ecclesiastik
,
or
of
the
Government
of
the
Church
by
Archbishops
and
Bishops
,
as
it
is
now
setled
by
Law
,
is
under
the
pain
of
being
declared
incapable
to
exercise
any
Office
Civil
,
Ecclesiastik
,
or
Military
,
within
this
Kingdom
,
in
any
time
coming
.
Like
as
by
the
fundamental
Laws
of
this
Nation
,
By
the
130th
Act
,
Par
8.
James
6.
it
is
declared
,
That
none
of
His
Majesties
Subjects
presume
to
impugn
the
Dignity
or
Authority
of
the
Three
Estates
,
or
to
procure
innovation
or
diminution
of
their
Power
and
Authority
,
under
the
pain
of
Treason
.
And
that
it
is
much
more
Treason
in
any
of
His
Majesties
Subjects
,
to
presume
to
alter
Laws
already
made
,
or
to
make
new
Laws
,
or
to
add
any
part
to
any
Law
by
their
own
Authority
,
that
being
to
assume
the
Legislative
Power
to
themselves
,
with
his
Majesties
highest
,
and
most
incommunicable
Prerogative
.
Yet
true
it
is
,
That
albeit
His
Sacred
Majesty
did
not
only
bestow
on
you
the
said
Archibald
Earl
of
Argyle
those
vast
Lands
,
Jurisdictons
and
Superiorities
justly
for
faulted
to
His
Majesty
by
the
Crimes
of
your
deceased
Father
;
preferring
your
Family
to
those
who
had
served
His
Majesty
against
it
,
in
the
late
Rebellion
,
but
also
pardoned
and
remitted
to
you
the
Crimes
of
leasing
making
and
misconstruing
His
Majesties
and
his
Parliaments
proceedings
against
the
very
Laws
above
written
,
whereof
you
were
found
guilty
,
and
condemned
to
die
therefore
,
by
the
High
Court
of
Parliament
,
the
25.
of
August
,
1662.
And
raised
you
to
the
Title
and
Dignity
of
an
Earl
,
and
being
a
member
of
all
His
Majesties
Judicatures
.
Notwithstanding
of
all
these
,
and
many
other
Favours
,
you
the
said
Archibald
Earl
of
Argyle
,
Being
put
by
the
Lords
of
His
Majesties
Privy-Council
to
take
the
Test
,
appointed
by
the
Act
of
the
last
Parliament
to
be
taken
by
all
persons
in
publik
Trust
,
you
,
insteed
of
taking
the
said
Test
,
and
swearing
the
same
in
the
plain
genuine
sense
and
meaning
of
the
words
,
without
any
equivocation
,
mental
reservation
,
or
evasion
whatsoever
,
you
did
declare
against
,
and
defame
the
said
Act
;
and
having
,
to
the
end
you
might
corrupt
others
by
your
pernicious
sense
,
drawn
the
same
in
a
Libel
,
of
which
Libel
you
dispersed
and
gave
abroad
Copies
,
whereby
ill
impressions
were
given
of
the
King
and
Parliaments
Proceedings
at
a
time
especially
when
his
Majesties
Subjects
were
expecting
what
submission
should
be
given
to
the
said
Test
;
and
being
desired
the
next
day
to
take
the
same
,
as
one
of
the
Commissioners
of
His
Majesties
Treasury
,
you
did
give
in
to
the
Lords
of
His
Majesties
Privy-Council
and
owned
twice
,
in
plain
judgment
before
them
,
the
said
defamatory
Libel
against
the
said
Test
and
Act
of
Parliament
;
declaring
,
That
you
had
considered
the
said
●est
,
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
of
which
Libel
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
most
deliberate
of
all
humane
Actions
)
quite
contrary
to
their
own
intentions
:
after
which
you
subsumed
contrary
to
the
nature
of
all
Oaths
,
and
to
the
Acts
of
Parliament
above-cited
that
every
man
must
explain
it
for
himself
,
and
take
it
in
his
own
sense
;
by
which
not
only
that
excellent
Law
,
and
the
Oath
therein
specified
,
which
is
intended
to
be
a
Fence
to
the
Government
both
of
Church
and
State
,
but
all
other
Oaths
and
Laws
shall
be
rendered
altogether
uselesse
to
the
Government
.
If
every
man
take
the
Oaths
imposed
by
Law
in
his
own
sense
,
then
the
Oath
imposed
is
to
no
purpose
:
for
the
Legislator
cannot
be
sure
that
the
Oath
imposed
by
him
will
bind
the
takers
according
to
the
design
and
intent
for
which
he
appointed
it
:
and
the
Legislative
Power
is
taken
from
the
Imposers
:
and
setled
in
the
taker
of
the
Oath
:
And
so
he
is
allowed
to
be
the
Legislator
,
which
is
not
only
an
open
and
violent
depraving
of
His
Majesties
Laws
and
Acts
of
Parliament
,
but
is
likewise
a
setling
of
the
Legistative
Power
on
private
Subjects
,
who
are
to
take
such
Oaths
.
In
the
third
Article
of
that
Paper
you
declare
,
That
you
take
the
Test
in
so
far
only
as
it
is
consistent
with
it self
,
and
the
Protestant
Religion
;
by
which
you
maliciously
intimate
to
the
people
;
That
the
said
Oath
is
inconsistent
with
it self
and
with
the
Protestant
Religion
,
which
is
not
only
a
down-right
depraving
of
the
said
Act
of
Parliament
,
but
is
likewise
a
misconstruing
of
His
Majesties
and
the
Parliaments
Proceedings
,
and
misrepresenting
them
to
the
people
in
the
highest
degree
,
&
in
the
tenderest
points
they
can
be
concerned
;
and
implying
,
that
the
King
and
the
Parliament
have
done
things
inconsistent
with
the
Protestant
Religion
,
for
securing
of
which
that
Test
was
particularly
intended
.
In
the
Fourth
Article
you
do
expresly
declare
,
that
you
mean
not
by
taking
the
said
Test
,
to
bind
up
your self
from
wishing
and
endeavouring
any
alteration
in
a
lawful
way
that
you
shall
think
fit
,
for
advancing
of
Church
and
State
;
whereby
also
it
was
designed
by
the
said
Act
of
Parliament
and
Oath
,
That
no
man
should
make
any
alteration
in
the
Government
of
Church
and
State
,
as
it
is
now
established
;
and
that
it
is
the
duty
of
all
good
Subjects
,
in
humble
and
quiet
manner
,
to
obey
the
present
Government
:
Yet
you
not
only
declare
your self
,
but
by
your
example
you
invite
others
to
think
themselves
●oosed
from
that
Obligation
;
and
that
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
your self
an
Act
of
Parliament
;
since
he
who
can
make
any
part
of
an
Act
may
make
the
whole
,
the
Power
and
Authority
in
both
being
the
same
.
Of
the
which
Crimes
above-mentioned
you
the
said
Archibald
Earl
of
Argyle
are
Actor
,
Art
and
Part
;
which
being
found
by
the
Assize
,
you
ought
to
be
punished
with
the
pains
of
Death
,
for
faulture
and
escheat
of
Lands
and
Goods
,
to
the
terror
of
others
to
commit
the
like
hereafter
.
An
Abstract
of
the
several
Acts
of
Parliament
upon
which
the
Indictment
against
the
Earl
of
Argyle
was
grounded
.
Concerning
Raisers
of
Rumors
betwixt
the
King
and
his
People
,
Chap
20.
1.
Statutes
of
King
Robert
1.
IT
is
defended
and
forbidden
,
That
no
man
be
a
Conspirator
or
Inventer
of
Narrations
or
Rumors
,
by
the
which
occasion
of
discord
may
arise
betwixt
the
King
and
his
People
.
And
if
any
such
man
shall
be
found
,
and
attainted
thereof
,
incontinent
he
shall
be
taken
and
put
in
Prison
,
and
there
shall
be
surely
keeped
up
,
ay
and
while
the
King
declare
his
will
anent
him
.
Act
43.
of
Par.
2.
King
James
1.
March
11.
1424.
Leasing-makers
for
fault
Life
and
Goods
.
Item
,
it
is
ordained
by
the
King
and
whole
Parliament
,
that
all
Leasing
makers
,
and
tellers
of
them
,
which
may
engender
discord
betwixt
the
King
and
his
People
,
wherever
they
may
be
gotten
,
shall
be
challenged
by
them
that
power
has
,
and
tyne
Life
and
Goods
to
the
King
.
Act
83.
Par
,
6.
James
5.
Dec.
10.
1540.
Of
Leasing-makers
.
ITem
,
Touching
the
Article
of
Leasing-makers
to
the
Kings
Grace
,
of
his
Barons
,
Great-men
and
Leidges
,
and
for
punishment
to
be
put
to
them
therefore
,
the
Kings
Grace
,
with
advice
of
his
three
Estates
,
ratifies
and
approves
the
Acts
and
Statutes
made
thereupon
before
,
and
ordains
the
same
to
be
put
in
execution
in
all
Points
;
and
also
Statutes
and
ordains
,
That
if
any
manner
of
person
makes
any
evil
Information
of
his
Highness
to
his
Barons
and
Leidges
,
that
they
shall
be
punished
in
such
manner
,
and
by
the
same
punishment
as
they
that
make
Leasings
to
his
Grace
of
his
Lords
,
Barons
,
and
Leidges
.
Act
134.
Par.
8
:
James
6.
May
22.
1584.
Anent
Slandereres
of
the
King
,
his
Progenitors
,
Estate
and
Realm
.
FOrasmuch
as
it
is
understood
to
our
Soveraign
Lord
,
and
his
Three
Estates
assembled
in
this
present
Parliament
,
what
great
harm
and
inconveniency
has
fallen
in
this
Realm
,
chiefly
since
the
beginning
of
the
Civil
Troubles
occurred
in
the
time
of
His
Highness
minority
,
through
the
wicked
and
licentious
,
publik
and
private
speeches
,
and
untrue
Calumnies
of
divers
of
his
Subjects
,
to
the
disdain
,
contempt
and
reproach
of
His
Majesty
,
his
Council
and
Proceedings
,
and
to
the
dishonour
and
prejudice
of
His
Highness
,
his
Parents
,
Progenitors
and
Estate
,
stirring
up
His
Highness's
Subjects
thereby
to
misliking
,
sedition
,
unquietness
,
and
to
cast
off
their
due
obedience
to
His
Majesty
,
to
their
evident
peril
,
tinsil
and
destruction
;
His
Highness
continuing
always
in
love
and
clemency
toward
all
his
good
Subjects
,
and
most
willing
to
seek
the
safety
and
preservation
of
them
all
,
which
wilfully
,
needlesly
,
and
upon
plain
malice
,
after
His
Highness's
mercy
and
pardon
oft-times
afore
granted
,
has
procured
themselves
,
by
their
treasonable
deeds
,
to
be
cut
off
,
as
corrupt
Members
of
this
Commonwealth
.
Therefore
it
is
statut
and
ordained
by
our
Soveraign
Lord
,
and
his
Three
Estates
in
this
present
Parliament
,
that
none
of
his
Subjects
of
whatsoever
Function
,
Degree
or
Quality
,
in
time
coming
shall
presume
,
or
take
upon
hand
,
privately
or
publikly
,
in
Sermons
,
Declamations
,
and
familiar
Conferences
,
to
utter
any
false
,
slanderous
,
or
untrue
speeches
,
to
the
disdain
,
reproach
and
contempt
of
His
Majesty
,
his
Council
and
Proceedings
,
or
to
the
dishonour
,
hurt
or
prejudice
of
His
Highness
,
his
Parents
and
Progenitors
,
or
to
meddle
in
the
Affairs
of
His
Highness
,
and
his
Estate
present
,
by-gone
,
and
in
time
coming
,
under
the
pains
contained
in
the
Acts
of
Parliament
anent
makers
and
tellers
of
Leesings
,
certifying
them
that
shall
be
tryed
contraveeners
thereof
,
or
that
hear
such
slanderous
speeches
,
and
reports
not
the
same
with
diligence
,
the
said
pain
shall
be
executed
against
them
with
all
rigour
,
in
example
of
others
.
Act
205.
Par.
14
King
James
6.
June
8.
1594.
Anent
Leasing-makers
,
and
Authors
of
Slanders
.
OUr
Soveraign
Lord
,
with
advice
of
his
Estates
in
this
present
Parliament
,
ratifies
,
approves
,
and
for
His
Highness
and
Successors
,
perpetually
confirms
the
Act
made
by
his
Noble
Progenitors
,
King
James
the
First
,
of
Worthy
Memory
,
against
Leasing-makers
,
the
Act
made
by
King
James
the
Second
,
entituled
Against
Leasing-makers
,
and
tellers
of
them
;
the
Act
made
by
King
▪
James
the
Fifth
,
entituled
,
Of
Leasing-makers
;
and
the
Act
made
by
his
Highness's
self
,
with
advice
of
his
Estates
in
Parliament
;
upon
the
22
day
of
May
,
1584.
entituled
,
For
the
punishment
of
the
Authors
of
Slanders
and
untrue
Calumnies
against
the
Kings
Majesty
,
his
Council
and
Proceedings
,
to
the
dishonour
and
prejudice
of
His
Highness
,
his
Parents
,
Progenitors
,
Crown
and
Estate
;
as
also
the
Act
made
in
His
Highness's
Parliament
holden
at
Linlithgow
,
upon
the
10
of
December
,
1585.
entituled
▪
Against
the
Authors
of
slanderous
speeches
or
Writs
;
and
statutes
and
ordains
all
the
said
Acts
to
be
published
of
new
,
and
to
be
put
in
execution
in
time
coming
,
with
this
addition
,
That
whoever
hears
the
said
Leasings
,
Calumnies
or
slanderous
Speeches
or
Writs
to
be
made
,
and
apprehends
not
the
Authors
thereof
,
if
it
lyes
in
his
power
,
and
reveals
not
the
same
to
His
Highness
,
or
one
of
his
Privy-Council
or
to
the
Sheriff
,
Steward
or
Bayliff
of
the
Shire
Stewards
in
Regality
or
Royalty
,
or
to
the
Provost
,
or
any
of
the
Bayliffs
within
Burgh
,
by
whom
the
same
may
come
to
the
knowledg
of
his
Highness
,
or
his
said
Privy-Council
,
wherethrough
the
said
Leasing-makers
,
and
Authors
of
slanderous
Speeches
may
be
called
,
tryed
and
punished
according
to
the
said
Acts
:
The
hearer
,
and
not
apprehender
,
[
if
it
lye
in
his
power
]
and
concealer
,
and
not
revealer
of
the
said
Leasing-makers
,
and
Authors
of
the
said
slanderous
Speeches
or
Writs
,
shall
incur
the
like
pain
and
punishment
as
the
Principal
Offender
.
Act
107.
Par.
7.
King
James
1.
March
1.
1427.
That
none
interpret
the
Kings
Statutes
wrongously
.
ITem
,
The
King
by
deliverance
of
Council
,
by
manner
of
Statute
,
forbids
,
That
no
man
interpret
his
Statutes
otherwise
than
the
Statutes
bear
,
and
to
the
intent
and
effect
that
they
were
made
for
and
as
the
maker
of
them
understood
:
and
whoso
does
in
the
contrary
,
shall
be
punished
at
the
Kings
will
.
Act
10.
Par
10.
King
James
6.
Dec.
10.
1585.
Authors
of
slanderous
Speeches
or
Writs
should
be
punished
to
the
death
.
IT
is
statuted
and
ordained
by
our
Soveraign
Lord
and
Three
Estates
,
That
all
his
Highness's
Subjects
content
themselves
in
quietness
and
dutiful
obedience
to
his
Highness
and
his
Authority
;
and
that
none
of
them
presume
,
or
take
upon
hand
publikly
to
declaim
,
or
privately
to
speak
or
write
any
purpose
of
reproach
or
slander
of
His
Majesties
Person
,
Estate
or
Government
,
or
to
deprave
his
Laws
and
Acts
of
Parliament
,
or
misconstrue
his
Proceedings
,
whereby
any
misliking
may
be
moved
betwixt
his
Highness
and
his
Nobility
,
and
loving
Subjects
in
time
coming
,
under
the
pain
of
death
;
certifying
them
that
do
in
the
contrary
they
shall
be
reputed
as
seditious
and
wicked
instruments
,
enemies
to
his
Highness
and
the
Commonwealth
of
this
Realm
:
and
the
said
pain
of
death
shall
be
executed
upon
them
with
all
rigour
,
in
example
of
others
.
Act
for
preservation
of
His
Majesties
Person
,
Authority
,
and
Government
,
May
16●2
.
—
And
further
it
is
by
His
Majesty
and
Estates
of
Parliament
declared
,
statuted
and
enacted
That
if
any
person
or
persons
shall
by
writing
,
printing
,
praying
,
preaching
,
libelling
,
remonstrating
,
or
by
any
malicious
or
advised
speaking
,
express
,
publish
or
declare
any
words
or
sentences
,
to
stir
up
the
people
to
the
hatred
or
dislike
of
His
Majesties
Royal
Prerogative
and
Supremacy
,
in
Causes
Ecclesiastical
,
or
of
the
Government
of
the
Church
by
Archbishops
and
Bishops
,
as
it
is
now
setled
by
Law
—
That
every
such
person
or
persons
so
offending
,
and
being
Legally
Convicted
thereof
are
hereby
declared
incapable
to
enjoy
or
exercise
any
place
or
employment
,
Civil
,
Ecclesiastik
,
or
Military
,
within
this
Church
and
Kingdom
,
and
shall
be
liable
to
such
further
pains
as
are
due
by
the
Law
in
such
Cases
.
Act
130.
Par.
8.
James
6.
May
22.
1584
Anent
the
Authority
of
the
Three
Estates
of
Parliament
.
THe
Kings
Majesty
considering
the
Honour
and
the
Authority
of
his
Supreme
Court
of
Parliament
,
continued
past
all
memory
of
man
unto
their
days
,
as
constitut
upon
the
free
Votes
of
the
Three
Estates
of
this
ancient
Kingdom
,
by
whom
the
same
,
under
God
,
has
ever
been
upholden
,
rebellious
and
traiterous
Subjects
punished
,
the
good
and
faithful
preserved
and
maintained
,
and
the
Laws
and
Acts
of
Parliament
(
by
which
all
men
are
governed
)
made
and
established
.
And
finding
the
Power
,
Dignity
and
Authority
,
of
the
said
Court
of
Parliament
,
of
late
years
,
called
in
some
doubt
,
at
least
,
some
curiously
travelling
to
have
introduced
some
Innovation
thereanent
;
His
Majesties
firm
will
and
mind
always
being
as
it
is
yet
,
That
the
Honour
,
Authority
,
and
Dignity
of
his
said
Three
Estates
shall
stand
and
continue
in
their
own
Integrity
,
according
to
the
ancient
and
laudable
custom
by-gone
,
without
any
alteration
or
diminution
:
Therefore
it
is
statuted
and
ordained
by
our
said
Soveraign
Lord
,
and
his
said
Three
Estates
in
this
present
Parliament
,
That
none
of
his
Leidges
or
Subjects
presume
,
or
take
upon
hand
to
impugn
the
Dignity
and
Authority
of
the
said
Three
Estates
,
or
to
seek
or
procure
the
innovation
or
diminution
of
the
power
and
Authority
of
the
same
Three
Estates
,
or
any
of
them
,
in
time
coming
,
under
the
pain
of
Treason
.
The
Earl
of
Argyle's
first
Petition
for
Advocats
,
or
Council
to
be
allowed
him
.
To
his
Royal
Highness
,
His
Majesties
High
Commissioner
,
and
to
the
Right
Honourable
the
Lords
of
His
Majesties
Privy-Council
.
The
Humble
Petition
of
Archibald
Earl
of
Argyle
.
SHEWETH
,
THat
your
Petitioner
being
Criminally
Indicted
before
the
Lords
Commissioners
of
ustitiary
,
at
the
instance
of
His
Majesties
Advocate
,
for
Crimes
of
an
high
Nature
.
And
whereas
in
this
Case
no
Advocate
will
readily
plead
for
the
Petitioner
,
unless
they
have
your
Royal
Hig●ness's
,
and
●ordships
Special
Licence
and
Warrant
to
that
Effect
,
which
is
usual
in
the
like
Cases
It
is
therefore
humbly
desired
,
that
Your
Royal
Highness
,
and
Lordships
,
would
give
special
Order
and
Warrant
to
Sir
George
Lockhart
▪
his
ordinary
Advocate
▪
to
cons●lt
and
plead
for
him
in
the
foresaid
Criminal
Process
,
without
incurring
●ny
hazard
upon
that
account
and
your
Petitioner
shall
ever
pray
.
Edenburgh
,
Novemb.
22.
1681.
The
Councils
Answer
to
the
Earl
of
Argyl's
first
Petition
,
about
his
having
Advocates
allowed
him
.
HIS
Royal
Highness
,
his
Majesties
High
Commissioner
,
and
Lords
of
Privy-Council
,
do
refuse
the
desire
of
the
above-written
Bill
,
but
allows
any
Lawyers
the
Petitioners
shall
employ
,
to
consult
and
plead
for
him
in
the
Processof
Treason
,
and
other
Crimes
,
to
be
pursued
against
him
at
the
instance
of
His
Majesties
Advocate
.
Extr.
By
me
,
Will
.
Paterson
.
The
Earl
of
Argyl's
second
Petition
for
Council
to
be
allowed
him
.
To
His
Royal
Highness
,
His
Majesties
High
Commissioner
,
and
to
the
Right
Honourable
the
Lords
of
His
Majesties
Privy-Council
:
The
humble
Petition
of
Archibald
Earl
of
Argyle
.
SHEWETH
.
THat
your
Petitioner
having
given
in
a
former
Petition
,
humbly
representing
,
That
he
being
Criminally
Indicted
before
the
Lords
Commissioners
of
Justitiary
,
at
the
instance
of
His
Majesties
Advocate
,
for
Crimes
of
an
high
Nature
:
And
therefore
desiring
that
your
Royal
Highness
,
and
Lordships
,
would
give
special
Warrant
to
Sir
George
Lockhart
,
to
consult
and
plead
for
him
:
Whereupon
your
Royal
Highness
,
and
Lordships
,
did
allow
the
Petitioner
to
make
use
of
such
Advocates
as
he
should
think
fit
to
call
.
Accordingly
your
Petitioner
having
desired
Sir
George
Lockhart
to
consult
and
plead
for
him
,
he
hath
as
yet
refused
your
Petitioner
.
And
by
the
11.
Parliament
of
King
James
the
VI.
Cap.
38.
As
it
is
the
undeniable
priviledg
of
all
Subjects
,
accused
for
any
Crimes
,
to
have
liberty
to
provide
themselves
of
Advocates
,
to
defend
their
Lives
,
Honour
,
and
Lands
,
against
whatsoever
accusation
;
so
the
same
Priviledg
is
not
only
by
Parliament
11.
King
James
the
VI.
Cap.
90.
farther
asserted
and
confirmed
,
but
also
it
is
declared
,
That
in
case
the
Advocates
refuse
the
Judges
are
to
compel
them
,
lest
the
party
accused
should
be
prejudged
:
And
this
being
an
affair
of
great
importance
to
your
Petitioner
,
and
Sir
George
Lockhart
having
been
not
only
still
his
ordinary
Advocate
,
but
also
by
his
constant
converse
with
him
is
best
known
to
your
Petitioners
Principles
;
and
of
whose
eminent
abilities
and
fidelity
your
Petitioner
(
as
many
others
have
)
hath
had
special
proof
all
along
in
his
Concerns
,
and
hath
such
singular
confidence
in
him
that
he
is
most
necessary
to
your
Petitioner
at
this
occasion
.
May
it
therefore
please
Your
Royal
Highness
and
Lordships
to
interpose
your
Authority
,
by
giving
a
special
Order
and
Warrant
to
the
said
Sir
George
Lockhart
,
to
consult
and
plead
for
him
in
the
said
Criminal
Process
,
conform
to
the
tenor
of
the
said
Acts
of
Parliament
,
and
constant
known
practice
in
the
like
Cases
,
which
was
never
refused
to
any
Subject
of
the
meanest
quality
,
even
to
the
greatest
Criminals
.
And
Your
Royal
Highness's
,
and
Lordships
Answer
is
humbly
craved
.
Edenburgh
,
Novemb.
24.
1681.
The
Councils
Answer
to
the
Earl
of
Argyle's
second
Petition
.
HIS
Royal
Highness
,
His
Majesties
High
Commissioner
,
and
Lords
of
Privy
Council
,
having
considered
the
foresaid
Petition
,
do
adhere
to
their
former
Order
,
allowing
Advocates
to
appear
for
the
Petitioner
in
the
Process
foresaid
.
Extr.
By
me
,
Will
.
Paterson
.
The
Earl
of
Argyle's
Letter
of
Attorney
,
constituting
Alexander
Dunbar
his
Procurator
,
for
requiring
Sir
George
Lockhart
to
plead
for
him
.
WE
Archibald
Earl
of
Argyle
do
hereby
substitute
,
constitute
and
ordain
Alexander
Dunbar
,
our
Servitor
,
to
be
our
Procurator
,
to
pass
and
require
Sir
George
Lockhart
Advocate
to
consult
,
and
plead
for
us
in
the
Criminal
Process
intended
against
us
,
at
the
instance
of
His
Majesties
Advocate
;
and
to
compear
with
us
,
before
the
Lords
Commissioners
of
Justitiary
,
upon
the
12th
of
December
next
,
conform
to
an
Act
of
Council
,
dated
the
22d
of
Novemb.
instant
,
allowing
any
Lawyers
that
we
should
employ
,
to
consult
and
plead
for
us
in
the
said
Process
,
and
to
another
Act
of
Council
of
the
24th
of
Novemb.
instant
,
relative
to
the
former
,
and
conform
to
the
Acts
of
Parliament
.
In
witness
whereof
,
we
have
Subscribed
these
Presents
,
at
Edenburgh-Castle
,
Nov
26.
1681.
before
these
Witnesses
,
Duncan
Campbell
Servitor
to
James
Glen
Stationer
in
Edenburgh
,
and
John
Thom
,
Merchant
in
the
said
Burgh
.
ARGYLE
.
-
Duncan
Campbell
,
-
Iohn
Thom
,
|
Witnesses
.
|
An
Instrument
whereby
the
Earl
of
Argyle
required
Sir
George
Lockhart
to
appear
and
plead
for
him
.
Apud
Edenburgum
vigesimo
sexto
die
Mensis
Novembris
,
Anno
Domini
millesimo
sexcentesimo
octuagesimo
primo
,
&
Anno
Regni
Car.
2.
Regis
trigesimo
tertio
.
THe
which
day
,
in
presence
of
Me
Notar
publik
,
and
Witnesses
under-subscribed
,
compeared
personally
Alexander
Dunbar
,
Servitor
to
a
Noble
Earl
,
Archibald
Earl
of
Argyle
,
as
Procurator
,
and
in
name
of
the
said
Earl
,
conform
to
a
Procuration
subscribed
by
the
said
Earl
at
the
Castle
of
Edenburgh
,
upon
the
twenty
first
day
of
November
,
1681.
making
and
constituting
the
said
Alexander
Dunbar
his
Procurator
,
to
the
effect
under-written
;
and
past
to
the
personal
presence
of
Sir
George
Lockhart
Advocate
,
in
his
own
lodging
in
Edenburgh
,
having
and
holding
in
his
hands
an
Act
of
his
Majesties
Privy
Council
,
of
the
date
the
22
of
November
,
1681.
instant
,
proceeding
upon
a
Petition
given
in
by
the
said
Earl
of
Argyle
,
to
the
said
Lords
,
shewing
,
That
he
being
Criminally
indicted
before
the
Lords
Commissioners
of
Justitiary
,
at
the
instance
of
His
Majesties
Advocate
,
for
Crimes
of
an
high
Nature
,
and
whereas
in
that
case
no
Advocates
would
readily
plead
for
the
said
Earl
,
unless
they
had
his
Royal
Highness's
,
and
their
Lordships
special
Licence
and
Warrant
to
that
effect
,
which
is
usual
in
the
like
Cases
:
And
by
the
said
Petition
humbly
supplicated
,
That
his
Highness
,
and
the
Council
would
give
special
Order
and
Command
to
the
said
Sir
George
Lockhart
,
the
said
Earl's
ordinary
Advocate
,
to
consult
and
plead
for
him
in
the
foresaid
Criminal
Process
,
without
incurring
any
hazard
upon
that
account
.
His
Royal
Highness
,
and
Lords
of
the
said
Privy-Council
,
did
refuse
the
desire
of
the
said
Petition
but
allowed
any
Lawyers
the
Petitioner
should
employ
,
to
consult
and
plead
for
him
in
the
Process
of
Treason
,
and
other
Crimes
to
be
pursued
against
him
,
at
the
instance
of
His
Majesties
Advocate
.
And
also
the
said
Alexander
Dunbar
having
and
holding
in
his
hands
another
Act
of
the
said
Lords
of
Privy-Council
,
of
the
date
the
24th
of
the
said
moneth
,
relative
to
,
and
nar
rating
the
foresaid
first
Act
,
and
Proceeding
upon
another
supplication
given
in
by
the
said
Earl
,
to
the
said-Lords
,
craving
,
That
his
Royal
Highness
,
and
the
said
Lords
,
would
inter●ose
their
Authority
,
by
giving
a
positive
and
special
Order
and
Warrant
to
the
said
Sir
George
Lockhart
,
to
consult
and
plead
with
him
in
the
foresaid
Criminal
Process
,
conform
to
the
tenor
of
the
Acts
of
Parliament
mentioned
and
particularized
in
the
said
Petition
,
and
frequent
and
known
practice
in
the
like
cases
,
which
was
never
refused
to
any
Subjects
of
the
meanest
quality
.
His
Royal
Highness
,
and
Lords
of
Privy-Council
,
having
considered
the
foresaid
Petition
,
did
by
the
said
Act
adhere
to
their
former
Order
,
allowing
Advocates
to
appear
for
the
said
Earl
in
the
Process
foresaid
,
as
the
said
Acts
bear
;
and
produced
the
said
Acts
and
Procuratory
foresaid
to
the
said
Sir
George
Lockhart
,
who
took
the
same
in
his
hands
,
and
read
them
over
successive
;
and
after
reading
thereof
,
the
said
Alexander
Dunbar
Procurator
,
and
in
name
and
behalf
foresaid
,
solemnly
required
the
said
Sir
George
Lockhart
,
as
the
said
Noble
Earl's
ordinary
Advocate
,
and
as
a
Lawyer
and
Advocate
,
upon
the
said
Earl's
reasonable
expence
,
to
consult
and
advise
the
said
Earl's
said
Processe
at
any
time
and
place
the
said
Sir
George
should
appoint
to
meet
thereupon
,
conform
to
the
foresaid
Two
Acts
of
Council
,
and
Acts
of
Parliament
therein
mentioned
,
appointing
Advocates
to
consult
in
such
matters
:
Which
the
said
Sir
George
Lockhart
altogether
refused
:
Whereupon
the
said
Alexander
Dunbar
,
as
Procurator
,
and
in
Name
foresaid
,
asked
and
took
Instruments
,
one
or
more
,
in
the
hands
of
me
Notary
publik
undersubscribed
.
And
these
things
were
done
within
the
said
Sir
George
Lockhart's
Lodging
,
on
the
South
side
of
the
Street
of
Edenburgh
,
in
the
Lane-Mercat
,
within
the
Dining-room
of
the
said
Lodging
,
betwixt
Four
and
Five
hours
in
the
Afternoon
,
Day
,
Moneth
,
Year
,
Place
,
and
of
His
Majesties
Reign
,
respective
foresaid
,
before
Robert
Dicksone
,
and
John
Lesly
,
Servitors
to
John
Campbell
,
Writer
to
His
Majesties
Signet
,
and
Do●gall
Ma●
.
Alester
,
Messenger
in
Edenburgh
,
with
divers
others
,
called
and
required
to
the
Premisses
Ita
esse
Ego
Johannes
Broun
,
Notarius
publicui
,
in
Praemissis
requisitus
,
Attestor
Testantibus
his
meis
signe
&
subscriptione
manualibus
solitis
&
consuetis
.
Broun
.
Witnesses
.
-
-
Robert
Dicksone
,
-
Dowgall
,
Mac.
Alester
,
-
Iohn
Lesly
,
Decemb.
5.
1682.
The
Opinion
of
divers
Lawyers
concerning
the
Case
of
the
Earl
of
Argyle
.
WE
have
considered
the
Criminal
Letters
,
raised
at
the
instance
of
His
Majesties
Advocate
,
against
the
Earl
of
Argyle
,
with
the
Acts
of
Parliament
contained
and
narrated
in
the
same
Criminal
Letters
,
and
have
compared
the
same
with
a
Paper
,
or
Explication
,
which
is
libelled
to
have
been
given
in
by
the
Earl
to
the
Lords
of
His
Majesties
Privy-Council
,
and
owned
by
him
,
as
the
sense
and
explication
in
which
he
did
take
the
Oath
imposed
by
the
late
Act
of
Parliament
.
Which
Paper
is
of
this
tenor
:
I
have
considered
the
Test
;
and
am
very
desirous
to
give
obedience
as
far
as
I
can
,
&c.
And
having
likewise
considered
that
the
Earl
after
he
had
taken
the
Oath
with
the
explication
and
sense
then
put
upon
it
,
it
was
acquiesced
to
by
the
Lords
of
Privy-Council
,
and
he
allowed
to
take
his
Place
,
and
to
sit
and
vote
.
And
that
,
before
the
Earl's
taking
of
the
Oath
,
there
were
several
Papers
spread
abroad
,
containing
Objections
,
and
alledging
inconsistencies
and
contradictions
in
the
Oath
,
and
some
thereof
were
presented
by
Synods
and
Presbyteries
of
the
Orthodox
Clergy
,
to
some
of
the
Bishops
of
the
Church
.
It
is
our
humble
Opinion
,
that
seeing
the
Earls
design
and
meaning
in
offering
the
said
Explication
was
allenarly
for
the
clearing
of
his
own
Conscience
,
and
upon
no
factious
or
seditious
design
;
and
that
the
matter
and
import
of
the
said
Paper
is
no
contradiction
of
the
Laws
and
Acts
of
Parliament
,
It
doth
not
at
all
import
any
of
the
Crimes
libelled
against
him
,
viz.
Treason
,
Leasing-making
depraving
of
His
Majesties
Laws
,
or
the
Crime
of
Perjury
;
but
that
the
Glosses
and
Inferences
put
by
the
Libel
upon
the
said
Paper
are
altogether
strained
and
unwarrantable
,
and
inconsistent
with
the
Earle
true
design
,
and
the
sincerity
of
his
meaning
and
intention
,
in
making
of
the
said
Explication
.
Wednesday
the
12.
of
December
,
the
day
of
compearance
assigned
to
the
Earl
,
being
now
come
,
he
was
brought
by
a
guard
of
Souldiers
from
the
Castle
to
the
place
appointed
for
the
trial
,
and
the
justice
Court
being
met
and
fenced
,
the
Earl
,
now
Marques
,
of
Queensberry
,
then
Justice
General
,
the
Lords
Nairn
,
Collingtoun
,
Forret
,
Newtoun
and
Hirkhouse
,
the
Lords
of
Justitiary
sitting
in
judgment
,
and
the
other
formalities
also
performed
,
the
indictment
above
set
down
Num
24.
was
read
,
and
the
Earl
spoke
as
followes
.
The
Earl
of
Argyle's
Speech
to
the
Lord
Justice
General
,
and
the
Lords
of
the
Justitiary
,
after
he
had
been
arraigned
,
and
his
Indictment
read
.
My
Lord
Iustice
General
,
&c.
I
Look
upon
it
as
the
undeniable
priviledg
of
the
meanest
Subject
to
explain
his
own
words
in
the
most
benign
sense
:
and
even
when
persons
are
under
an
ill
Character
,
the
misconstruction
of
words
in
themselves
not
ill
can
only
reach
a
presumption
or
aggravation
but
not
any
more
.
But
it
is
strange
to
alledg
,
as
well
as
,
I
hope
,
impossible
,
to
make
any
that
know
me
believe
,
that
I
could
intend
any
thing
but
what
was
honest
and
honourable
,
suitable
to
the
Principles
of
my
Religion
and
Loyalty
,
tho
I
did
not
explain
my self
at
all
.
My
Lord
,
I
pray
you
be
not
offended
that
I
take
up
a
little
of
your
time
,
to
tell
you
,
I
have
from
my
Youth
made
it
my
business
to
serve
His
Majesty
faithfully
,
and
have
constantly
,
to
my
power
,
appeared
in
his
Service
;
especially
in
all
times
of
difficulty
,
and
have
never
joyned
,
nor
complyed
with
any
Interest
or
Party
,
contrary
to
His
Majesties
Authority
,
and
have
all
along
served
him
in
his
own
way
,
without
a
frown
from
His
Majesty
these
Thirty
years
.
As
soon
as
I
passed
the
Schools
and
Colledges
,
I
went
to
travel
to
France
and
Italy
,
and
was
abroad
1647
,
1648
,
and
till
the
end
of
1649.
My
first
appearance
in
the
world
was
to
serve
His
Majesty
as
Collonel
of
his
Foot-Guards
.
And
tho
at
that
time
all
the
Commissions
were
given
by
the
then
Parliament
,
yet
I
would
not
serve
without
a
Commission
from
His
Majesty
,
which
I
have
still
the
Honour
to
have
by
me
.
After
the
misfortune
of
Worcester
,
I
continued
in
Arms
for
His
Majesties
Service
,
when
Scotland
was
over-run
with
the
Usurpers
,
and
was
alone
with
some
of
my
Friends
in
Arms
in
the
Year
1652.
and
did
then
keep
up
some
appearance
of
opposition
to
them
:
And
General
Major
Dean
coming
to
Argyleshire
,
and
planting
several
Garisons
he
no
sooner
went
away
but
we
fell
upon
the
Garisons
he
had
left
,
and
in
one
day
took
two
of
them
,
and
cut
off
a
considerable
part
of
a
third
,
and
carried
away
in
all
about
Three
hundred
Prisoners
:
And
in
the
end
of
that
year
,
I
sent
Captain
Shaw
to
His
Majesty
,
with
my
humble
Opinion
,
how
the
War
might
be
carried
on
;
who
returned
to
me
with
Instructions
and
Orders
which
I
have
yet
lying
by
me
.
After
which
,
I
joyned
with
those
His
Majesty
did
Commissionate
,
and
stood
out
till
the
last
,
that
the
Earl
of
Middleton
,
His
Majesties
Lieutenant
General
,
gave
me
Orders
to
capitulate
,
which
I
did
without
any
other
Engagements
to
the
Rebels
but
allowing
persons
to
give
bale
for
my
living
peaceably
:
and
did
a●
my
capitulating
relieve
several
Prisoners
by
exchange
,
whereof
my
Lord
Granard
,
out
of
the
Castle
of
Edenburgh
,
was
one
.
It
is
notarly
known
,
that
I
was
forefaulted
by
the
Usurpers
,
who
were
so
jealous
of
me
that
,
contrary
to
their
Faith
,
within
Eight
Moneths
after
my
Capitulation
,
upon
pretence
I
keep'd
Horses
above
the
value
,
they
seased
on
me
,
and
keeped
me
in
one
Prison
after
another
,
till
His
Majesties
happy
Restauration
,
and
this
only
because
I
would
not
engage
not
to
serve
His
Majesty
,
tho
there
was
no
Oath
required
.
I
do
with
all
gratitude
acknowledg
His
Majesties
Goodness
,
Bounty
and
Royal
Favours
to
me
,
when
I
was
pursued
before
the
Parliament
in
the
Year
1662.
His
Majesty
was
graciously
pleased
not
to
send
me
here
in
any
opprobrious
way
,
but
upon
a
bare
verbal
Paroll
.
Upon
which
I
came
down
poste
,
and
presented
my self
a
Fourthnight
before
the
day
.
Notwithstanding
whereof
I
was
immediately
clapt
up
in
the
Castle
,
but
having
satisfied
His
Majesty
,
at
that
time
,
of
my
entire
Loyalty
,
I
did
not
offer
to
plead
by
Advocates
.
And
His
Majesty
was
not
only
pleased
to
pardon
my
Life
,
and
to
restore
me
to
a
Title
and
Fortune
,
but
to
put
me
in
trust
in
his
Service
,
in
the
most
eminent
Judicatories
of
this
Kingdom
,
and
to
heap
Favours
upon
me
,
far
beyond
what
ever
I
did
or
can
deserve
:
tho
I
hope
His
Majesty
hath
always
found
me
faithful
and
thankful
,
and
ready
to
bestow
all
I
have
,
or
can
have
,
for
his
Service
.
And
I
hope
never
hath
had
nor
ever
shall
have
ground
to
repent
any
Favour
he
hath
done
me
.
And
if
I
were
now
really
guilty
of
the
Crimes
libelled
,
I
should
think
my self
a
great
Villain
.
The
next
occasion
I
had
to
shew
my
particular
zeal
to
His
Majesties
Service
was
in
Anno
1666.
when
the
insurrection
was
made
that
was
represt
at
Pentland-Hills
.
At
the
very
first
,
the
intercourse
betwixt
this
place
and
me
was
stopt
,
so
that
I
had
neither
Intelligence
nor
Orders
from
the
Council
,
nor
from
the
General
;
but
upon
a
Letter
from
the
now
Archbishop
of
St.
Andrews
,
telling
me
there
was
a
Rebellion
like
to
be
in
the
three
Kingdoms
,
and
bidding
me
beware
of
Ireland
and
Kintyre
,
I
brought
together
about
Two
thousand
men
:
I
seased
all
the
Gentlemen
in
Kintyre
that
had
not
taken
the
Declaration
,
tho
I
found
them
peaceable
.
And
I
sent
a
Gentleman
to
General
Dalziel
,
to
receive
his
Orders
,
who
came
to
him
just
as
they
were
going
to
the
Action
at
Pentland
,
and
was
with
him
in
it
;
and
I
keept
my
Men
together
till
his
return
.
And
when
I
met
with
considerable
trouble
from
my
Neighbours
,
rebelliously
in
Arms
,
and
had
Commissions
both
on
publik
,
and
private
Accounts
,
have
I
not
carried
dutifully
to
His
Majesty
,
and
done
what
was
commanded
with
a
just
moderation
,
which
I
can
prove
under
the
hands
of
my
enemies
,
and
by
many
infallible
demonstrations
?
Pardon
me
a
few
words
:
Did
I
not
in
this
present
Parliament
shew
my
readiness
to
serve
His
Majesty
and
the
Royal
Family
,
in
asserting
vigorously
●●e
lineal
legal
Succession
of
the
Crown
,
and
had
a
care
to
have
it
exprest
in
the
Commissions
of
the
Shires
and
Burghs
I
had
interest
in
?
Was
I
not
for
offering
proper
Supplies
to
His
Majesty
and
his
Successor
?
And
did
I
not
concur
to
bind
the
Landlords
for
their
Tenants
,
altho
I
was
mainly
concerned
?
And
have
I
not
always
keept
my
Tenants
in
obedience
to
His
Majesty
?
I
say
all
this
,
not
to
arrogate
any
thing
for
doing
what
was
my
Honour
and
Duty
to
His
Majesty
;
but
if
after
all
this
,
upon
no
other
ground
but
words
that
were
spoken
in
absolute
innocence
,
and
without
the
least
design
,
except
for
clearing
my
own
Conscience
,
and
that
are
not
capable
of
the
ill
sense
wrested
from
them
by
the
Libel
,
I
should
be
further
troubled
,
what
assurance
can
any
of
the
greatest
Quality
,
Trust
,
or
Innocence
,
have
that
they
are
secure
?
especially
considering
,
that
so
many
Scruples
have
been
started
,
as
all
know
,
not
only
by
many
of
the
Orthodox
Clergy
,
but
by
whole
Presbyteries
,
Synods
,
and
some
Bishops
,
which
were
thought
so
considerable
,
that
an
eminent
Bishop
took
the
pains
to
write
a
Treatise
,
that
was
read
over
in
Council
,
and
allowed
to
be
Printed
,
and
a
Copy
given
to
me
,
which
contains
all
the
expressions
I
am
charged
for
,
and
many
more
that
may
be
stretched
to
a
worse
sense
.
Have
I
not
shewed
my
zeal
to
all
the
ends
of
the
Test
?
How
then
can
it
be
imagined
that
I
have
any
sinister
design
in
any
thing
that
I
have
said
?
If
I
had
done
any
thing
contrary
to
it
all
the
course
of
my
life
,
which
I
hope
shall
not
be
found
,
yet
one
act
might
pretend
to
be
excused
by
a
habit
.
But
nothing
being
questioned
but
the
sense
of
words
misconstrued
to
the
greatest
height
,
and
stretched
to
imaginary
insinuations
,
quite
contrary
to
my
scope
and
design
,
and
so
far
contrary
,
not
only
to
my
sense
,
but
my
principles
,
Interest
,
and
duty
,
That
I
hope
my
Lord
Advocate
will
think
he
hath
gone
too
far
on
in
this
Process
,
and
say
plainly
what
he
knows
to
be
truth
by
his
acquaintance
with
me
,
both
in
publik
and
private
;
viz.
That
I
am
neither
Papist
nor
Fanatik
,
but
truly
loyal
in
my
principles
and
practices
.
The
hearing
of
this
Libel
would
trouble
me
beyond
most
of
the
sufferings
of
my
Life
if
my
innocence
did
not
support
me
,
and
the
hopes
of
being
vindicated
of
this
and
other
Calumnies
before
this
publik
and
Noble
Auditory
.
I
leave
my
Defences
to
these
Gentlemen
that
plead
for
me
,
they
know
my
innocence
,
and
how
groundless
that
Libel
is
.
I
shall
only
say
,
As
my
Life
hath
most
of
it
been
spent
in
serving
and
suffering
for
his
Majesty
,
so
whatever
be
the
event
of
this
Process
,
I
resolve
,
while
I
breath
,
to
be
loyal
and
faithful
to
His
Majesty
.
And
whether
I
live
publikly
or
in
obscurity
,
my
head
,
my
heart
nor
my
hand
,
shall
never
be
wanting
where
I
can
be
useful
to
His
Majesties
Service
.
And
while
I
live
,
and
when
I
die
,
I
shall
pray
,
That
God
Almighty
would
bless
His
Majesty
with
a
long
,
happy
,
and
prosperous
Reign
;
and
that
the
lineal
legal
successors
of
the
Crown
may
continue
Monarchs
of
all
His
Majesties
Dominions
,
and
be
Defenders
of
the
True
Primitive
,
Christian
,
Apostolik
,
Catholik
,
Protestant
Religion
,
while
Sun
and
Moon
endure
.
God
save
the
King
.
The
Kings
own
Letter
to
this
Nobleman
when
he
was
Lord
Lorn
.
Collogne
,
December
20.
1654.
My
Lord
Lorn
,
I
Am
very
glad
to
hear
from
Middleton
,
what
affection
and
zeal
you
show
to
my
Service
,
how
constantly
you
adhere
to
him
in
all
his
distresses
,
and
what
good
Service
you
have
performed
upon
the
Rebels
.
I
assure
you
,
you
shall
find
me
very
just
,
and
kind
to
you
,
in
rewarding
what
you
have
done
and
suffered
for
me
;
and
I
hope
you
will
have
more
Credit
and
Power
with
those
of
your
Kindred
,
and
Dependants
upon
your
Family
,
to
engage
them
with
you
for
me
,
than
any
body
else
can
have
to
seduce
them
against
me
;
and
I
shall
look
upon
all
those
who
shall
refuse
to
follow
you
as
unworthy
of
any
protection
hereafter
from
me
,
which
you
will
let
them
know
.
This
honest
Bearer
,
M
—
will
form
you
of
my
Condition
and
Purposes
,
to
whom
you
will
give
Credit
;
and
he
will
tell
you
,
That
I
am
very
much
.
Your
very
affectionate
Friend
,
C.
R.
General
Middleton's
Order
to
the
Earl
of
Argyle
,
who
was
then
Lord
Lorn
,
for
capitulating
with
the
English
,
wherein
he
largely
expresseth
his
Worth
and
Loyalty
.
John
Middleton
,
Lieutenant
General
,
next
and
immediate
under
His
Majesty
,
and
Commander
in
chief
of
all
the
Forces
raised
,
and
to
be
raised
,
within
the
King
of
Scotland
.
SEeing
the
Lord
Lorn
hath
given
so
singular
proofs
of
clear
and
perfect
Loalty
to
the
Kings
Majesty
,
and
of
pure
and
constant
affection
to
the
good
of
His
Majesties
Affairs
,
as
never
hitherto
to
have
any
ways
complyed
with
the
Enemy
,
and
to
have
been
principally
instrumental
in
the
enlivening
of
this
late
War
,
and
one
of
the
chief
and
first
movers
in
it
,
and
hath
readily
,
chearfully
,
and
gallantly
engaged
,
and
resolutly
and
constantly
continued
active
in
it
,
notwithstanding
the
many
powerful
disswasions
,
discouragements
,
and
oppositions
he
hath
met
withal
from
divers
hands
,
and
hath
in
the
carrying
on
of
the
Service
shown
such
signal
Fidelity
,
Integrity
,
Generosity
,
Prudence
,
Courage
,
and
Conduct
,
and
such
high
Vertue
,
Industry
,
and
Ability
,
as
are
suitable
to
the
Dignity
of
his
Noble
Family
,
and
the
Trust
His
Majesty
reposed
in
him
;
and
hath
not
only
stood
out
against
all
temptations
and
enticements
,
but
hath
most
nobly
crossed
and
repressed
designs
and
attempts
of
deserting
the
Service
,
and
persisted
loyally
and
firmly
in
it
to
the
very
last
,
through
excessive
●oil
and
many
great
difficulties
,
misregarding
all
personal
inconveniences
,
and
chusing
the
loss
of
Friends
,
Fortune
,
and
all
private
Concernments
,
and
to
endure
the
utmost
extremities
,
rather
than
to
swerve
in
the
least
from
his
Duty
;
or
taint
his
Reputation
with
the
meanest
shadow
of
disloyalty
and
dishonour
.
I
do
therefore
hereby
testify
and
declare
,
That
I
am
perfectly
satisfied
with
his
whole
Deportments
,
in
relation
to
the
Enemy
,
and
this
late
War
;
and
do
highly
approve
them
,
as
being
not
only
above
all
I
can
express
of
their
worth
,
but
almost
beyond
all
parallel
.
And
I
do
withall
hereby
both
allow
,
and
most
earnestly
desire
,
and
wish
him
,
to
lose
no
time
in
taking
such
course
for
his
safety
and
preservation
by
Treaty
&
Agreement
,
or
Capitulation
,
as
he
shall
judg
most
fit
and
expedient
for
the
good
of
his
Person
,
Family
,
and
Estate
,
since
inevitable
and
invincible
necessity
hath
forced
us
to
lay
aside
this
War
.
And
I
can
now
no
other
way
express
my
respects
to
him
,
nor
contribute
my
endeavour
to
do
him
Honour
and
Service
.
In
testimony
whereof
I
have
signed
and
sealed
these
Presents
at
Dunveagave
,
the
last
day
of
March
,
1655.
IOHN
MIDDLETON
.
Another
Letter
from
the
Earl
of
Middleton
,
to
the
same
purpose
.
Paris
,
April
17.
1655.
My
Noble
Lord
,
I
Am
hopeful
,
that
the
Bearer
of
this
Letter
will
be
found
one
who
has
been
a
most
faithful
Servant
to
your
Lordship
,
and
my
kind
Friend
,
and
a
sharer
in
my
Troubles
.
Indeed
I
have
been
strengthned
by
him
to
support
and
overcome
many
difficulties
.
He
will
acquaint
you
with
what
hath
past
,
which
truly
was
strange
to
both
of
us
,
but
your
own
Re-encounters
will
lessen
them
.
My
Lord
,
I
shall
be
faithful
in
giving
you
that
Character
which
your
Worth
and
Merit
may
justly
challenge
.
I
profess
it
is
,
next
to
the
ruine
of
the
Service
,
one
of
my
chiefest
Regrets
that
I
could
not
possibly
wait
upon
you
before
my
going
from
Scotland
,
that
I
might
have
setled
a
way
of
Correspondence
with
you
,
and
that
your
Lordship
might
have
understood
me
better
than
yet
you
do
;
I
should
have
been
plain
in
every
thing
,
and
indeed
have
made
your
Lordship
my
Confessor
:
and
I
am
hopeful
the
Bearer
will
say
somewhat
for
me
,
and
I
doubt
not
but
your
Lordship
will
trust
him
.
If
it
shall
please
God
to
bring
me
safe
from
beyond
Sea
,
your
Lordship
shall
hear
from
me
by
a
sure
hand
Sir
Ro
M.
will
tell
you
a
way
of
corresponding
.
So
that
I
shall
say
no
more
at
present
,
but
that
I
am
without
possibility
of
change
,
My
Noble
Lord
,
Your
Lordships
most
Faithful
,
and
most
Humble
Servant
,
JO.
MIDDLETON
.
A
Letter
from
the
Earl
of
Glencairn
,
testifying
his
esteem
for
this
Noble
Person
;
and
the
sense
he
had
of
his
loyalty
to
the
King
,
when
few
had
the
Courage
to
own
him
My
Lord
,
LEst
it
may
be
my
misfortune
,
in
all
these
great
Revolutions
,
to
be
misrepresented
to
your
Lordship
,
as
a
person
unworthy
of
your
favourable
Opinion
(
an
Artifice
very
frequent
in
these
times
)
I
did
take
occasion
to
call
for
a
Friend
and
Servant
of
yours
,
the
Laird
of
Spanie
,
on
whose
discretion
I
did
adventure
to
lay
forth
my
hearts
desire
,
to
obviate
in
the
bud
any
of
these
misunderstandings
.
Your
Lordships
true
worth
and
zeal
to
your
Countries
happiness
,
being
so
well
known
to
me
〈◊〉
and
confirmed
by
our
late
suffering
acquaintance
:
And
now
finding
how
much
it
may
conduce
to
these
great
ends
we
all
wish
that
a
perfect
Unity
may
be
amongst
all
good
and
honest
-
hearted
Scotchmen
,
tho
there
be
few
more
insignificant
than
my self
;
yet
my
zeal
for
those
ends
obligesme
to
say
,
that
if
your
Lordships
health
and
affairs
could
have
permitted
you
to
have
been
at
Edenburgh
in
these
late
times
,
you
would
have
seen
a
great
inclination
and
desire
amongst
all
here
of
a
perfect
Unity
,
and
of
a
mutual
respect
to
your
Person
,
as
of
chief
eminence
and
worth
.
And
I
here
shall
set
it
under
my
Hand
,
to
witness
against
all
my
Informers
,
that
none
did
with
more
passion
,
nor
shall
with
more
continued
zeal
,
witness
themselves
to
be
true
Honourers
of
you
than
he
who
desires
infinitely
to
be
esteemed
.
My
Lord
,
Your
most
Humble
Servant
,
GLENCAIRN
.
What
I
cannot
well
writ
e
I
hope
this
discreet
Gentleman
will
tell
you
in
my
Name
:
and
I
shall
only
beg
leave
to
say
,
that
I
am
your
most
Noble
Ladies
Humble
Servant
.
After
the
reading
of
which
order
and
letters
,
which
yet
the
Court
refused
to
record
,
The
Earl's
Advocator
Council
Sir
George
Lockhart
said
in
his
defence
as
followes
.
Sir
George
Lockhart's
Argument
and
Plea
for
the
Earl
of
Argyle
.
SIR
George
Lockhart
for
the
Earl
of
Argyle
alledgeth
,
That
the
Libel
is
not
Relevant
,
and
whereupon
he
ought
to
be
put
to
the
knowledg
of
an
Inquest
.
For
,
It
is
alledged
in
the
general
,
That
all
Criminal
Libels
,
whereupon
any
persons
Life
,
Estate
,
and
Reputation
,
can
be
drawn
in
question
,
should
be
founded
upon
clear
,
positive
,
and
express
Acts
of
Parliament
,
and
the
matter
of
Fact
,
which
is
libelled
to
be
the
Contravention
of
those
Laws
,
should
be
plain
,
clear
,
and
direct
Contraventions
of
the
same
,
and
not
argued
by
way
of
Implications
and
Inferences
.
Whereas
in
this
Case
,
neither
the
Acts
of
Parliament
,
founded
upon
,
and
libelled
,
can
be
in
the
least
the
foundation
of
this
Libel
:
nor
is
the
Explication
which
is
pretended
to
be
made
by
the
Pannel
at
the
time
of
the
taking
of
his
Oath
(
if
considered
,
)
any
Contravention
of
those
Laws
;
which
being
premised
,
and
the
Pannel
denying
the
Libel
,
as
to
the
whole
Articles
and
Points
therein
contained
;
it
is
alledged
in
special
:
That
the
Libel
,
in
so
far
as
it
is
founded
upon
the
21
st
Chap.
Stat.
1.
Robert
1.
and
upon
83d
Act
;
Par.
〈◊〉
James
5.
the
43d
Act
,
Par.
2.
James
1.
and
upon
the
83d
Act
,
Par.
10.
James
5.
and
upon
84th
Act
,
Par.
8.
James
6.
and
upon
the
10th
Act
,
Par.
10.
James
6.
and
upon
the
2d
Act
,
Par.
1.
Ses.
2.
of
His
Sacred
Majesty
;
and
inferring
thereupon
,
That
the
Pannel
,
by
the
pretended
Explication
given
in
by
him
to
the
Lords
of
His
Majesties
Privy-Council
,
as
the
sense
of
the
Oath
he
had
taken
,
doth
commit
the
Crime
of
Leasing-making
,
and
depraving
.
His
Majesties
Laws
:
The
Inference
and
Subsumption
is
most
unwarrantable
,
and
the
Pannel
,
tho
any
such
thing
were
acknowledged
or
proved
,
can
never
be
found
guilty
of
contraveening
these
Acts
of
Parliament
.
In
respect
it
is
evident
,
upon
perusal
and
consideration
of
these
Acts
of
Parliament
,
that
they
only
concern
the
case
of
Leasing-making
,
tending
to
Sedition
,
and
to
beget
Discord
betwixt
His
Majesty
and
His
Subjects
,
and
the
dislike
of
His
Majesties
Government
,
and
the
reproach
of
the
same
.
And
the
said
Laws
and
Acts
of
Parliament
were
never
understood
or
libelled
upon
,
in
any
other
Sense
.
And
all
the
former
Acts
of
Parliament
,
which
relate
to
the
crime
of
Leasing-making
in
general
terms
,
and
under
the
qualification
foresaid
,
as
tending
to
beget
discord
betwixt
His
Majesty
and
his
Subjects
,
are
explained
and
fully
declared
,
as
to
what
is
the
true
meaning
and
import
thereof
,
by
the
134th
Act
,
Par.
8.
James
6.
which
relates
to
the
same
Crime
of
Leasing-making
and
which
is
expresly
described
in
these
terms
,
To
be
wicked
and
licentious
,
publik
and
private
Speeches
,
and
untrue
Calumnies
to
the
disdain
and
contempt
of
His
Majesties
Council
and
Proceedings
,
and
to
the
dishonour
and
prejudice
of
his
Highness
and
his
Estate
,
stirring
up
his
Highness's
Subjects
to
misliking
,
and
Sedition
,
and
unquietness
which
being
the
true
sense
and
import
of
the
Acts
of
Parliament
made
against
Leasing-makers
,
there
is
nothing
can
be
inferred
from
the
Pannel's
alledged
Explic●tion
,
which
can
be
wrested
or
construed
to
be
a
Contravention
of
these
Laws
:
In
respect
,
First
It
is
known
by
the
whole
tenor
of
his
Life
,
and
graciously
acknowledged
by
His
Sacred
Majesty
,
by
a
Letter
under
His
Royal
Hand
,
that
the
Pannel
did
ever
most
zealously
,
vigotously
,
and
faithfully
promote
and
carry
on
His
Majesties
Service
and
Interest
,
even
in
the
worst
and
most
difficult
times
:
Which
is
also
ackowledged
by
a
Pals
under
the
Earl
of
Middleton's
hand
,
who
had
then
a
special
Commission
from
His
Majesty
,
for
carrying
on
His
Majesties
Service
in
this
Kingdom
,
as
Lieutenant
General
under
His
Majesty
;
and
by
a
Letter
under
the
Earl's
hand
,
of
the
date
—
both
which
do
contain
high
expressions
of
the
Pannels
Loyalty
,
and
of
the
great
Services
he
had
performed
for
His
Majesties
Interest
.
And
His
Majesty
,
as
being
conscious
thereof
,
and
perfectly
knowing
the
Pannels
Loyalty
,
and
his
zeal
,
and
faithfulness
for
his
Service
,
did
think
fit
to
entrust
the
Pannel
in
Offices
and
Capacities
of
the
greatest
trust
of
the
Kingdom
.
And
it
is
a
just
and
rational
presumption
,
which
all
Law
makes
and
infers
.
That
the
words
and
expressions
of
persons
,
who
by
the
tenor
and
course
of
their
Lives
have
expressed
their
Duty
and
Loyalty
to
His
Majesties
Interest
,
are
ever
to
be
interpreted
and
understood
in
meliorem
partem
.
And
by
way
of
Implication
and
Inference
,
to
conclud
and
infer
crimes
from
the
same
,
which
the
user
of
such
words
and
expressions
never
mean'd
nor
designed
,
is
both
unreasonable
and
unjust
.
2.
As
the
foresaid
Acts
of
Parliament
made
against
Leasing-makers
,
and
depravers
of
His
Majesties
Laws
,
only
proceed
in
the
terms
foresaid
,
where
the
words
and
speeches
are
plain
,
tending
to
beget
discord
between
the
King
and
his
Subjects
,
and
to
the
reproach
and
dislike
of
his
Government
,
and
when
the
same
are
spoke
and
vented
in
a
subdolous
,
pernicious
,
and
fraudulent
manner
:
So
they
never
were
,
nor
can
be
understood
to
proceed
in
the
case
of
a
person
offering
in
the
presence
of
a
publik
udicature
(
whereof
he
had
the
honour
to
be
a
Member
)
his
sincere
and
plain
meaning
and
apprehension
of
what
he
conceived
to
be
the
true
sense
of
the
Act
of
Parliament
im●osing
and
enjoyning
the
Test
:
There
being
nothing
more
opposite
to
the
Acts
of
Parliamen●
made
against
Leasing-making
,
and
venting
and
spreading
abroad
the
same
upon
seditious
designs
,
than
the
foresaid
plain
and
open
declaration
of
his
sense
and
apprehension
,
what
was
the
meaning
of
the
said
Act
of
Parliament
.
And
it
is
of
no
import
to
inter
any
crime
and
much
less
any
of
the
crimes
libelled
,
albeit
the
Pannel
had
erred
and
mistaken
in
his
apprehension
of
the
Act
of
Parliament
.
And
it
were
a
strange
extention
of
the
Act
of
Parliament
made
against
Leasing
makers
,
requiring
the
qualifications
foresaid
&
the
Acts
against
depraving
His
Majesties
Laws
,
to
make
the
Pannel
,
or
any
other
person
guilty
upon
the
mistakes
and
misapprehensions
of
the
sense
of
the
●aws
,
wherein
men
may
mistake
and
differ
very
much
,
and
even
eminent
Lawyers
and
Judges
.
So
that
the
Acts
of
Parliament
against
Leasing-making
,
and
depraving
His
Majesties
Laws
,
can
only
be
understood
in
the
express
terms
and
qualifications
●oresaid
.
Like
as
it
neither
is
libelled
,
nor
can
be
proven
,
that
the
Pannel
,
before
he
was
called
and
required
by
the
Lords
of
His
Majesties
Privy-council
to
take
the
Oath
,
did
ever
,
by
word
or
practice
,
use
any
reproachful
speeches
of
the
said
Act
of
Parliament
,
or
of
His
Majest●es
Government
:
But
being
required
to
take
the
Oath
,
he
did
humbly
,
with
all
submission
declare
what
he
apprehended
to
be
the
sense
of
the
Act
of
the
Parliament
,
enjoyning
the
Test
,
and
in
what
sense
he
had
freedom
to
take
the
same
.
3.
The
Act
of
Parliament
enjoyning
the
Test
does
not
enjoyn
the
same
to
be
taken
by
all
persons
whatsoever
,
but
only
prescribes
it
as
a
qualification
without
which
persons
could
not
assume
or
continue
to
act
in
publik
Trust
:
Which
bein
an
Oath
to
be
taken
by
so
solemn
an
invocation
of
the
Name
of
Almighty
God
,
it
is
not
only
allowable
by
the
Laws
and
customs
of
all
Nations
,
and
the
Opinion
of
all
Divines
,
ad
Casuists
,
Popish
or
Protestant
,
but
also
commended
,
that
where
a
Party
has
any
scrupulosity
,
or
unclearness
in
his
conscience
,
as
to
the
matter
of
the
Oath
,
that
he
should
exhibit
and
declare
the
sense
and
meaning
in
which
he
is
willing
and
able
to
take
the
Oath
.
And
it
is
not
at
all
material
whether
the
scruples
of
a
mans
conscience
,
in
the
matter
of
an
Oath
,
be
in
themselves
just
or
groundless
,
it
being
a
certain
maxime
,
both
in
Law
and
Divinity
,
that
Conscientia
etiam
erronea
ligat
:
And
therefore
tho
the
Pannel
had
thought
fit
,
for
the
clearing
and
exoneration
of
his
own
conscience
,
in
a
matter
of
the
highest
concern
as
to
his
peace
and
repose
,
to
have
exprest
and
declared
t
e
express
sense
in
which
he
could
take
the
Oath
,
whether
the
said
sense
was
consistent
with
the
Act
of
Parliament
or
not
,
yet
it
does
not
in
the
least
import
any
matter
of
reproach
or
reflection
upon
the
justice
or
prudence
of
the
Parliament
in
imposing
the
said
Oath
:
but
alenarly
does
evince
the
weakness
and
scrupulosity
of
a
mans
conscience
,
who
neither
did
,
nor
ought
to
have
taken
the
Oath
but
with
an
explanation
that
would
have
saved
his
conscience
to
his
apprehension
.
Otherwise
he
had
grosly
sinned
before
God
,
even
tho
it
was
Conscientia
errans
.
And
this
is
allowed
and
prescribed
by
all
Protestant
Divines
,
as
indispensibly
necessary
and
was
never
thought
to
import
any
crime
,
and
is
also
commended
even
by
Popish
Casuists
themselves
,
who
tho
they
allow
,
in
some
cases
,
of
mental
reservations
and
equivocations
,
yet
the
express
declaration
of
the
sense
o
the
party
is
allowed
and
commended
,
as
much
more
ingenuous
▪
and
tutius
Remedium
Conscientiae
ne
illaqueetur
,
as
appears
by
Bellarmine
de
Iuramento
,
and
upon
the
same
Title
de
Interpretatione
Iuramenti
;
and
Lessius
,
that
famous
Casuist
,
de
Iustitia
&
Iure
,
Dubitatione
8
,
9.
utrum
siquis
salvo
animo
aliquid
Iuramento
promittat
obligetur
,
&
quale
peccatum
hoc
sit
.
And
which
is
the
general
opinion
of
all
Casuists
,
and
all
Divines
,
as
may
appear
by
Amesius
,
in
his
Treatise
de
Conscientia
,
Sanderson
de
Iuramento
,
Praelectione
secunda
.
And
such
an
express
Declaration
of
the
sense
and
meaning
of
any
party
,
when
required
to
take
an
Oath
,
for
no
other
end
but
for
the
clearing
and
exoneration
of
his
own
Conscience
,
was
never
in
the
opinion
of
any
Lawyer
,
or
any
Divine
,
construed
to
be
the
Crime
of
Leasing-making
,
or
of
defamatory
Libels
,
or
depraving
of
publik
Laws
,
or
reproaching
or
misconstruing
of
the
Government
:
but
on
the
contrary
,
by
the
universal
suffrage
of
all
Protestant
Divines
,
there
is
expresly
required
,
in
Cases
of
a
scrupulous
Conscience
,
an
abhorrence
and
detestation
of
all
reserved
senses
,
and
of
all
Amphibologies
and
Equivocations
,
which
are
in
themselves
unlawful
and
reprobate
,
upon
that
unanswerable
Reason
,
that
Juramentum
being
the
highest
Act
of
Devotion
and
Religion
in
eo
requiritur
maxima
simplicitas
;
and
that
a
party
is
obliged
,
who
has
any
scruples
of
Conscience
,
publikly
and
openly
to
clear
and
declare
the
same
.
4.
Albeit
it
is
not
controverted
,
but
that
a
Legislator
,
imposing
an
Oath
,
or
any
publik
Authority
,
before
whom
the
Oath
is
taken
,
may
,
after
hearing
of
the
Sense
and
Explication
which
a
person
is
willing
to
put
upon
it
,
either
reject
or
accept
of
the
same
,
if
it
be
conceived
not
to
be
consistent
with
the
genuine
sense
of
the
Oath
:
Yet
tho
it
were
rejected
,
it
was
never
heard
of
or
pretended
,
that
the
offering
of
a
sense
does
import
a
crime
,
but
that
notwithstanding
thereof
,
Habetur
pro
Recusante
,
and
as
if
he
had
not
taken
the
Oath
,
and
to
be
liable
to
the
certification
of
Law
,
as
if
he
had
been
a
Refuser
.
5.
The
Pannel
having
publikly
,
and
openly
declared
the
sense
in
which
he
was
free
to
take
the
Oath
,
it
is
offered
to
be
proved
that
he
was
allowed
,
and
did
accordingly
proceed
to
the
taking
of
the
Oath
,
and
did
thereafter
take
his
place
,
and
sit
and
vote
,
during
that
Sederunt
of
Privy
▪
Council
.
So
as
the
pretended
Sense
and
Explication
,
which
he
did
then
emit
and
give
,
can
import
no
Crime
against
him
.
6.
It
is
also
offered
to
be
proved
,
that
before
the
Pannel
was
required
to
take
the
Oath
,
or
did
appear
before
his
Royal
Highness
,
and
Lords
of
Privy-Council
,
to
take
the
same
,
there
were
a
great
many
Papers
spread
abroad
from
persons
,
and
Ministers
of
the
Orthodox
Clergy
;
and
as
the
Pannel
is
informed
some
thereof
presented
to
the
Bishops
of
the
Church
,
in
the
name
of
Synods
and
Presbyteries
which
did
,
in
downright
terms
,
charge
the
Test
and
Oath
withalledged
contradictions
and
inconsistencies
.
And
for
satisfaction
whereof
some
of
the
Learned
and
Reverend
Bishops
of
the
Church
did
write
a
learned
and
satisfying
Answer
,
called
A
Vindication
of
the
Test
,
for
clearing
the
Scruples
,
Difficulties
and
mistakes
that
were
objected
against
it
.
And
which
Vindication
and
Answer
was
exhibited
,
and
read
before
the
Lords
of
His
Majesties
Privy-Council
,
and
allowed
to
be
printed
:
And
from
which
the
Pannel
argues
.
1.
That
it
neither
is
,
nor
can
be
pretended
in
this
Libel
,
that
the
alledged
Explication
,
wherein
he
did
take
the
Oath
,
does
propose
the
scruples
of
his
Conscience
in
these
terms
,
which
were
proposed
by
the
Authors
of
these
Objections
which
do
flatly
and
positively
assert
,
that
the
Oath
and
Test
do
contain
matters
of
inconsistency
and
contradiction
,
whereas
all
that
is
pretended
in
this
Libel
,
with
the
most
absolute
violence
can
be
put
upon
the
words
,
is
arguing
Implications
and
Inferences
,
which
neither
the
words
are
capable
to
bear
,
nor
the
sincerity
of
the
Earls
intention
and
design
,
nor
the
course
of
his
by
-
past
Life
can
possibly
admit
of
.
And
yet
none
of
the
persons
who
were
the
Authors
of
such
Papers
were
ever
judged
or
reputed
Criminal
or
Guilty
,
and
to
be
prosecuted
for
the
odious
and
infamous
Crimes
libelled
,
of
Treason
,
Leasing-making
,
Prejury
,
and
the
like
.
2.
The
Pannel
does
also
argue
from
the
said
matter
of
Fact
,
that
the
alledged
Explication
libelled
can
neither
in
his
intention
and
design
,
nor
in
the
words
,
infer
or
import
any
Crime
against
him
,
because
,
before
his
being
required
,
or
appearing
to
take
the
Oath
,
there
were
spread
abroad
such
Scruples
and
Objections
,
by
some
of
the
Orthodox
Clergy
and
others
:
So
that
the
Earl
can
never
in
any
sense
be
construed
in
his
Explication
wherein
he
took
the
Oath
,
to
have
done
it
animo
infamandi
,
and
to
declaim
against
the
Government
:
For
the
Scruples
and
Objections
that
were
spread
abroad
by
others
were
a
fair
and
rational
occasion
why
the
Earl
in
any
sense
or
explication
which
he
offered
might
have
said
that
he
was
confident
the
Parliament
never
intended
to
impose
contradictory
Oaths
;
and
this
is
so
far
from
importing
the
insinuation
and
inference
made
by
the
Libel
,
that
thereby
the
Parliament
were
so
impious
as
to
impose
contradictory
Oaths
,
as
on
the
contrary
,
considering
the
Circumstances
forementioned
,
that
there
were
Papers
spread
abroad
,
insinuating
.
That
there
were
inconsiltencies
and
contradictions
contained
therein
,
the
said
expression
was
an
high
Vindication
of
the
Honour
and
Justice
of
the
Parliament
,
against
the
Calumnies
and
Mis-representations
which
were
cast
upon
it
,
and
was
also
a
just
Rise
for
the
Pannel
,
for
the
clearing
and
exonoration
of
his
own
Conscience
,
in
the
various
senses
and
apprehensions
which
he
found
were
going
abroad
as
to
the
said
Test
,
humbly
to
offer
his
sense
,
in
which
he
was
clear
and
satisfied
to
take
the
Oath
.
7.
To
the
Libel
in
so
far
as
it
is
founded
upon
the
Act
of
Parliament
,
viz.
Act
130
Par.
8
James
6
declaring
.
That
none
should
presume
to
impugn
the
Dignity
or
Authority
of
the
Three
Estates
of
Parliament
or
procure
any
invasion
or
diminution
thereof
,
under
the
pain
of
Treason
;
as
also
in
so
far
as
it
is
pretended
in
the
Libel
.
That
the
Pannel
by
offering
the
Sense
and
Explication
libelled
,
has
assumed
the
Legislative
Power
,
which
is
incommunicable
,
and
has
made
a
Law
,
or
a
part
of
a
Law
.
It
is
answered
.
The
Libel
is
most
groundless
and
irrelevant
,
and
against
which
the
Act
of
Parliament
is
opponed
,
which
is
so
plain
and
evident
upon
the
reading
thereof
,
that
it
neither
is
nor
can
be
subject
to
the
least
cavillation
:
And
the
plain
meaning
whereof
is
nothing
else
but
to
impugn
the
Authority
of
Parliaments
,
as
if
the
King
and
Parliament
had
not
a
Legislative
Power
or
were
not
the
highest
Representative
of
the
Kingdom
;
or
that
any
of
the
Three
Estates
were
not
essentially
requisit
to
constitut
the
Parliament
.
And
besides
there
is
nothing
more
certain
,
than
that
the
occasion
of
the
said
Act
its
being
made
was
in
relation
to
the
Bishops
and
Clergy
:
And
there
is
nothing
in
the
pretended
Explanation
that
can
be
wrested
to
import
the
least
Contravention
of
the
said
Act
,
or
to
be
an
impugning
of
the
Three
Estates
of
Parliament
,
or
a
seeking
any
innovation
therein
.
And
it
is
admired
,
with
what
shadow
of
Reason
it
can
be
pretended
,
That
the
Pannel
has
assumed
a
Legislative
Power
,
or
made
a
part
of
a
Law
,
seeing
all
that
is
contained
in
the
alledged
Explication
libelled
is
only
a
Declaration
of
the
Earl's
sense
in
which
he
was
satisfied
to
take
the
Oath
,
and
so
respected
none
but
himself
,
and
for
the
clearing
of
his
own
Conscience
,
which
justly
indeed
the
Word
of
God
calls
a
Law
to
himself
,
without
any
incroaching
upon
the
Legislative
Power
.
And
where
was
it
ever
debated
,
but
that
a
man
in
the
taking
of
an
Oath
,
if
as
to
his
apprehensions
he
thought
any
thing
in
it
deserved
to
be
cleared
,
might
declare
the
same
,
or
that
his
exhibiting
,
at
the
time
of
the
taking
of
the
Oath
,
his
sense
and
explication
wherein
he
did
take
it
,
was
ever
reputed
or
pretended
to
be
the
assuming
of
a
Legislative
Power
,
it
being
the
universal
practice
of
all
Nations
to
allow
this
liberty
;
and
which
sense
may
be
either
rejected
or
accepted
,
as
the
Legislator
shall
think
fit
,
importing
no
more
but
a
Parties
private
sense●
for
the
exoneration
of
his
own
Conscience
?
And
as
to
that
Member
of
the
Libel
founded
upon
Act
19.
Par.
3.
Queen
Mary
,
it
contains
nothing
but
a
Declaration
of
the
pain
of
●erjury
,
and
there
is
nothing
in
the
Explication
libelled
,
which
can
in
the
least
be
inferred
as
a
Contravention
of
the
said
Act
,
in
respect
if
it
should
be
proved
.
That
the
Pannel
,
at
the
time
of
the
taking
of
the
Oath
did
take
it
in
the
words
of
the
said
Explication
,
as
his
sense
of
the
Oath
,
it
is
clear
that
the
sense
being
declared
at
the
time
of
taking
the
Oath
,
and
allowed
as
the
sense
wherein
it
was
taken
the
Pannel
can
only
be
understood
to
have
taken
it
in
that
sense
.
And
although
publik
Authority
may
consider
whether
the
sense
given
by
the
Pannel
does
satisfie
the
Law
or
,
not
yet
that
can
import
no
more
though
it
was
found
not
to
satisfie
,
but
to
hold
the
Pannel
as
a
Refuser
of
the
Oath
:
but
it
is
absolutely
impossible
to
infer
the
Crimes
of
Perjury
upon
it
,
being
as
is
pretended
by
the
Libel
the
Pannel
did
only
take
it
with
the
Declaration
of
the
Sense
and
Explication
libelled
.
8.
As
the
Explication
libelled
does
not
at
all
import
all
,
or
any
of
the
Crimes
contained
in
the
said
Libel
,
so
by
the
common
Principles
of
all
Law
,
where
a
person
does
emit
words
for
the
clearing
and
exoneration
of
his
own
Conscience
,
altho
there
were
any
ambiguity
,
or
unclearness
,
or
involvedness
in
the
tenor
or
import
of
the
expressions
or
words
,
yet
they
are
ever
to
be
interpreted
,
Interpretatione
benigna
&
favorab
ili
according
to
the
general
Principles
of
Law
and
Reason
.
And
it
never
was
,
nor
can
be
refused
to
any
person
to
interpret
and
put
a
congruous
sense
upon
his
own
words
,
especially
the
Pannel
being
a
person
of
eminent
Quality
,
and
who
hath
given
great
demonstration
,
and
undeniable
evidences
of
his
fixt
and
unalterable
Loyalty
to
His
Majesties
Interest
and
Service
,
and
,
at
the
time
of
emiting
the
said
Explication
,
was
invested
and
entrusted
in
publik
Capacites
.
And
it
is
a
just
and
rational
interpretation
and
caution
which
Sanderson
,
that
judicious
and
eminent
Casuist
,
gives
,
Praelect:
2.
That
dicta
&
facta
principum
,
parentum
,
rectorum
,
are
ever
to
be
looked
upon
as
benignae
Interpretationis
,
and
that
Dubia
sunt
interpretanda
in
meliorem
partem
.
And
there
is
nothing
in
the
Explication
libelled
which
,
without
detortion
and
violence
,
and
in
the
true
sense
and
design
of
the
Pannel
,
is
not
capable
of
this
benign
Interpretation
and
construction
,
especially
respect
being
had
to
the
Circumstances
wherein
it
was
emitted
and
given
,
after
a
great
many
Objections
,
Scruples
,
and
alledged
Inconsistencies
,
were
owned
,
vented
and
spread
abroad
,
which
was
a
rise
to
the
Earl
for
using
the
expressions
contained
in
the
pretended
Declaration
libelled
.
10.
These
words
whereby
it
is
pretended
the
Pannel
declares
,
he
was
ready
to
give
obedience
as
far
as
he
could
,
first
,
do
not
in
the
least
import
That
the
Parliament
had
imposed
any
Oath
which
was
in
it self
unlawful
:
but
only
the
Pannel's
scrupulosity
and
unclearness
in
matter
of
Conscience
.
And
it
is
hoped
it
cannot
be
a
Crime
,
because
all
men
cannot
go
the
same
length
.
And
if
any
such
thing
were
argued
it
might
be
argued
ten
times
more
strongly
from
a
simple
refusing
of
the
Oath
,
as
if
any
thing
were
enjoyned
which
were
so
hard
that
it
is
not
possible
to
comply
with
it
:
And
yet
such
Implications
are
most
irrational
and
inconsequential
,
and
neither
in
the
case
of
a
simple
and
absolute
refusing
or
the
Oath
,
nor
in
the
case
of
an
Explication
of
the
parties
sense
wherein
he
is
willing
to
take
the
Oath
,
is
there
any
impeachment
of
the
Justice
and
prudence
of
the
Legislator
,
who
imposeth
this
Oath
,
but
singly
a
declaration
of
the
scrupulosity
and
weakness
of
the
party
,
why
he
cannot
take
the
Oath
in
other
terms
:
and
such
Explications
have
been
allowed
by
the
Laws
and
Customs
of
all
Nations
,
and
are
advised
by
all
Divines
,
of
whatsoever
Principles
,
for
the
solace
and
security
of
a
Man's
Conscience
.
2.
As
to
that
point
of
the
Explication
libelled
,
That
I
am
confident
the
Parliament
never
intended
to
impose
contradictory
Oaths
;
it
respects
the
former
answer
,
which
,
considering
the
plain
and
down
right
Objections
which
were
spread
abroad
,
and
made
against
the
Oath
,
as
containing
inconsistencies
and
contradictions
,
was
an
high
Vindication
of
the
Justice
and
Prudence
of
the
Parliament
.
3.
As
to
these
words
,
And
therefore
I
think
no
body
can
explain
it
but
for
himself
.
The
plain
and
clear
meaning
is
nothing
else
but
that
the
Oath
being
imposed
by
Act
of
Parliament
it
was
of
no
private
interpretation
;
And
that
therefore
every
man
who
was
to
take
it
behooved
to
take
it
in
that
sense
which
he
apprehended
to
be
the
genuine
sense
of
the
Parliament
.
And
it
is
impossible
,
without
impugning
common
sense
,
that
any
man
could
take
it
in
any
other
sense
,
it
being
as
impossible
to
see
with
another
mans
eyes
as
to
see
with
his
private
Reason
.
And
a
mans
own
private
sense
and
apprehension
of
the
genuine
sense
was
the
only
proper
way
wherein
any
man
could
rationally
take
the
Oath
.
And
as
to
these
words
,
That
he
takes
it
as
far
as
it
is
consistent
with
it self
and
the
Protestant
Religion
.
The
Pannel
neither
intended
nor
exprest
more
,
but
that
he
did
take
it
as
a
true
Protestant
,
and
he
hopes
all
men
have
taken
it
as
such
.
And
as
to
that
Clause
,
Wherein
the
Pannel
is
made
to
declare
,
That
he
does
not
bind
up
himself
in
his
station
,
in
a
lawful
way
,
to
wish
and
endeavour
any
alteration
he
thinks
to
the
advantage
of
Church
or
State
,
not
repugnant
to
the
Protestant
Religion
and
his
Loyalty
.
It
is
answered
,
There
is
nothing
in
this
expression
that
can
import
the
least
Crime
,
or
give
the
least
umbrage
for
any
Mistake
,
For
,
1.
It
is
most
certain
,
it
is
impossible
to
elicite
any
such
thing
from
the
Oath
,
but
that
it
was
the
intention
of
the
Parliament
,
That
persons
,
notwithstanding
of
the
Oath
,
might
concur
in
their
stations
,
and
in
a
lawful
way
,
in
any
Law
to
the
advantage
of
Church
and
State
.
And
no
rational
man
ever
did
,
or
can
take
the
Oath
in
other
terms
,
that
being
contrary
to
his
Allegiance
and
Duty
to
His
Sacred
Majesty
and
Prince
.
2.
There
is
nothing
in
the
said
Expression
which
does
in
the
least
point
at
any
alteration
in
the
Fundamentals
of
Government
,
either
in
Church
or
State
;
but
on
the
contrary
,
by
the
plain
and
clear
words
and
meaning
,
rather
for
its
perpetuity
,
stability
and
security
.
The
Expression
being
cautioned
to
the
utmost
scrupulosity
,
as
that
it
was
to
be
done
in
a
lawful
manner
;
that
it
was
to
be
to
the
advantage
of
Church
or
State
;
that
it
was
to
be
consistent
with
the
Protestant
Religion
,
and
with
his
Loyalty
,
which
was
no
other
but
the
duty
and
Loyalty
of
all
faithful
Subjects
;
and
which
he
has
signally
and
eminently
expressed
upon
all
occasions
.
So
that
how
such
an
expression
can
be
drawn
to
import
all
or
any
of
the
Crimes
libelled
passeth
all
Natural
Understanding
.
And
as
to
the
last
words
,
And
this
I
understand
as
a
part
of
my
Oath
,
which
is
libelled
to
be
a
treasonable
Invasion
,
and
assuming
of
the
Legislative
Power
.
It
is
answered
,
It
is
most
unwarrantable
;
and
a
Parties
declaring
the
sense
and
meaning
in
which
he
was
free
to
take
an
Oath
does
not
at
all
respect
or
invade
the
Legislative
Power
,
of
which
the
Pannel
never
entertained
a
thought
,
but
has
an
absolute
abhorrence
and
detestation
of
such
practices
.
But
the
plain
and
clear
meaning
is
,
That
the
Sense
and
Explication
was
a
part
of
his
Oath
,
and
not
of
the
Law
imposing
the
Oath
these
being
as
distant
as
the
Two
Poles
:
and
which
Sense
was
taken
off
the
Earl's
Hands
and
he
accordingly
was
allowed
to
take
his
Place
at
the
Council-Board
,
and
therefore
repeats
the
former
general
Defences
.
And
to
convince
the
Lords
of
Justitiary
,
that
there
is
nothing
in
the
pretended
Explication
libelled
which
can
be
drawn
to
import
any
Crime
,
even
of
the
lowest
size
and
degree
,
and
that
there
is
no
expression
therein
contained
that
can
be
detorted
or
wrested
to
import
the
same
,
is
evident
from
that
learned
Vindication
published
and
spread
abroad
by
an
eminent
Bishop
,
and
which
was
read
in
the
face
of
the
Privy-Council
and
does
contain
expressions
of
the
same
nature
;
and
to
the
same
import
contained
in
the
pretended
Explication
libelled
as
the
ground
of
this
Indictment
libelled
against
the
Pannel
.
And
it
is
positively
offered
to
be
proven
,
That
these
terms
were
given
in
,
and
read
,
and
allowed
to
be
Printed
,
and
(
without
taking
notice
of
the
whole
tenor
of
the
said
Vindication
,
which
the
Lords
of
Justiciary
are
humbly
desired
to
peruse
,
and
consider
,
and
compare
the
same
with
the
Explication
libelled
)
the
same
acknowledgeth
,
that
Scruples
had
been
raised
and
spread
abroad
against
the
Oath
;
and
also
acknowledgeth
,
that
there
were
Expressions
therein
that
were
dark
and
obscure
;
and
likewise
takes
notice
,
that
the
Confession
ratified
Par.
1
James
6.
to
which
the
Oath
relates
,
was
hastily
made
,
and
takes
notice
of
that
Authority
that
made
it
,
and
acknowledges
in
plain
terms
,
that
the
Oath
does
not
hinder
any
regular
endeavour
to
regulate
or
better
the
Establisht
Government
;
but
only
prohibits
irregular
endeavours
and
attempts
to
invert
the
substance
or
body
of
the
Government
;
and
does
likewise
explain
the
Act
of
Parliament
anent
His
Majesties
Supremacy
,
that
it
does
not
reach
the
alteration
of
the
external
Government
of
the
Church
.
And
the
Pannel
and
his
Proctors
are
far
from
insinuating
in
the
least
,
that
there
is
any
thing
in
the
said
Vindication
but
what
is
consistent
with
the
exemplary
Loyalty
,
Piety
and
Learning
of
the
Writer
of
the
same
.
And
tho
others
perhaps
may
differ
in
their
private
opinion
,
as
to
this
interpretation
of
the
Act
of
Parliament
anent
the
Kings
●upremacy
,
yet
it
were
most
absurd
and
irrational
to
pretend
that
whether
the
mistake
were
upon
the
interpretation
of
the
Writer
,
or
the
sense
of
others
,
as
to
that
point
,
that
such
mistakes
or
misapprehensions
,
upon
either
hand
,
should
import
or
infer
against
them
the
Crimes
of
Leasing-making
,
or
depraving
His
Majesties
Laws
:
For
if
such
Foundations
were
laid
,
Judges
and
Lawyers
had
a
dangerous
employment
,
there
being
nothing
more
ordinar●
than
to
fall
into
differences
and
mistakes
of
the
sense
and
meaning
of
the
Laws
and
Acts
of
Parliament
.
But
such
Crimes
cannot
be
inferred
but
with
and
under
the
qualifications
above-mentioned
,
of
malicious
and
perverse
designs
,
joyned
with
licentious
,
wicked
and
reproachful
speeches
spread
abroad
,
to
move
sedition
and
dislike
of
the
Government
.
And
the
said
Laws
were
never
otherwise
interpreted
,
nor
extended
in
any
case
.
And
therefore
the
Explication
libelled
,
neither
as
taken
complexly
,
nor
in
the
several
expressions
thereof
,
nor
in
the
design
of
the
ingiver
of
the
same
,
can
in
Law
import
against
him
all
or
any
of
the
Crimes
libelled
.
In
like
manner
the
Pannel
conjoins
with
the
grounds
above-mentioned
the
Proclamation
issued
forth
by
His
Majesties
privy-Council
,
which
acknowledges
and
proceeds
upon
a
Narrative
,
that
scruples
and
jealousies
were
raised
and
spread
abroad
against
the
Act
of
Parliament
enjoyning
the
Test.
For
clearing
and
satisfaction
whereof
the
said
Proclamation
was
issued
forth
,
and
is
since
approved
by
His
Sacred
Majesty
.
The
Kings
Advocate
's
Argument
and
Plea
against
the
Earl
of
Argyle
.
HIS
Majesties
Advocate
,
for
the
foundation
of
his
Debate
,
does
represent
,
That
His
Majesty
,
to
secure
the
Government
from
the
Rebellious
Principles
of
the
last
Age
,
and
the
unjust
Pretexts
made
use
of
in
this
,
from
Popery
,
and
other
Jealousies
;
as
also
to
secure
the
Protestant
Religion
,
and
the
Crown
,
called
a
Parliament
;
and
that
the
great
security
resolved
on
by
the
Parliament
was
this
excellent
Test
,
in
which
,
that
the
old
jugling
Principles
of
the
Covenant
might
not
be
renewed
,
wherein
they
still
swore
to
serve
the
King
in
their
own
way
,
the
Parliament
did
positively
ordain
,
That
this
Oath
should
be
taken
in
the
plain
genuine
meaning
or
the
words
,
without
any
evasion
whatsoever
.
Notwithstanding
whereof
,
the
Earl
of
Argyle
,
by
this
Paper
,
does
invent
a
new
way
,
whereby
no
man
is
at
all
bound
to
it
.
For
how
can
any
person
be
bound
,
if
every
man
will
only
obey
it
as
far
as
he
can
,
and
as
far
as
he
conceives
it
consistent
with
the
Protestant
Religion
,
and
with
it self
,
and
reserve
to
himself
,
notwithstanding
thereof
,
to
make
any
alteration
that
he
thinks
consistent
with
his
Loyalty
?
And
therefore
His
Majesties
Advocate
desires
to
know
to
what
the
Earl
of
Argyle
,
or
any
man
else
,
can
be
bound
by
this
Test
?
what
the
Magistrate
can
expect
,
or
what
way
he
can
punish
his
Perjury
?
For
if
he
be
bound
no
farther
than
he
himself
can
obey
,
or
so
far
as
this
Oath
is
consistent
with
the
Protestant
Religion
or
it self
,
quomodo
constat
,
to
whom
or
what
he
is
bound
?
And
who
can
determine
that
?
Or
against
what
alteration
is
the
Government
secured
,
since
he
is
Judg
of
his
own
alteration
?
So
that
that
Oath
,
that
was
to
be
taken
without
any
evasion
is
evaded
in
every
single
word
or
Letter
;
and
the
Government
as
insecure
as
before
the
Act
was
made
,
because
the
taker
is
no
farther
bound
than
he
pleases
.
From
which
it
cannot
be
denied
,
but
his
Interpretation
destroys
not
only
this
Act
,
but
all
Government
,
since
it
takes
away
the
security
of
all
Government
,
and
makes
every
mans
Conscience
,
under
which
Name
there
goes
ordinarily
in
this
Age
Humour
and
Interest
,
to
be
the
rule
of
the
takers
obedience
.
Nor
can
it
be
conceived
to
what
purpole
Laws
,
but
especially
Oaths
,
needed
to
be
made
,
if
this
were
allowed
;
or
how
this
cannot
fall
under
the
107th
Act
,
Par.
7.
James
6.
whereby
it
is
statuted
,
That
no
man
interpret
the
Statutes
otherwise
than
the
maker
understood
.
For
what
can
be
more
contrary
to
the
taking
of
them
in
the
makers
sense
,
than
that
every
man
should
obey
as
far
as
he
can
,
and
be
allowed
to
take
them
in
a
general
sense
,
so
far
as
they
are
consistent
with
themselves
,
and
the
Protestant
Religion
,
without
condescending
wherein
they
do
not
agree
with
the
Protestant
Religion
?
and
that
they
are
not
bound
not
to
make
any
alteration
which
they
think
good
for
the
States
?
For
all
these
make
the
rule
of
obedience
in
the
taker
,
whereas
the
positiue
Law
makes
it
to
be
in
the
maker
.
O●
how
could
they
be
punished
for
Perjury
after
this
Oath
?
For
when
he
were
quarrelled
for
making
alterations
against
this
Oath
;
and
so
to
be
perjured
,
he
might
easily
answer
,
That
he
took
this
Oath
only
in
so
far
as
it
was
consistent
with
the
Protestant
Religion
,
and
with
a
Salvo
,
that
he
might
make
any
alteration
that
he
thought
consistent
with
his
Loyalty
.
And
as
to
these
Points
,
upon
which
he
were
to
be
quarrelled
,
he
might
say
,
he
did
not
think
them
to
be
inconsistent
with
his
Loyalty
,
think
we
what
we
pleased
,
and
so
needed
not
be
perjured
,
except
he
pleased
to
decide
against
himself
:
For
in
these
Generals
he
reserves
to
himself
to
be
still
Judg.
And
this
were
indeed
a
fine
security
for
any
Government
.
And
by
the
same
rule
that
it
looses
this
Oath
,
it
shews
a
way
of
loosing
all
Oaths
and
Obedience
:
And
consequently
strikes
at
the
root
of
all
Laws
,
as
well
as
this
:
Whereas
to
shun
all
this
,
not
only
this
excellent
Statute
107.
has
secured
all
the
rest
,
but
this
is
common
Reason
:
And
in
the
opinion
of
all
Divines
,
as
well
as
Lawyers
in
all
Nations
,
Verba
juramenti
intelliguntur
secundum
ment
em
&
intentionem
ejus
,
cui
fit
juramentum
.
Which
is
set
down
,
as
the
grand
position
,
by
Sandersone
(
whom
they
cite
,
)
Pag.
137.
and
is
founded
upon
that
Mother-Law
,
Leg.
10.
cui
interrogatus
f.
f.
de
interrogationibus
in
Iure
faciendis
;
and
without
which
no
man
can
have
sense
of
Government
in
his
head
,
or
practise
it
in
any
Nation
.
Whereas
on
the
other
hand
there
is
no
danger
to
any
tender
Conscience
,
since
there
was
no
force
upon
the
Earl
to
take
the
Oath
,
but
he
took
it
for
his
own
advantage
,
and
might
have
abstained
.
2.
It
is
inferred
from
the
above-written
matter
of
Fact
,
That
the
Earl
is
clearly
guilty
of
contravention
of
the
10.
Act
,
Parl.
10.
James
VI.
Whereby
the
Liedges
are
commanded
not
to
write
any
purpose
of
Reproach
of
His
Majesties
Government
,
or
misconstrue
his
Proceedings
,
whereby
any
misliking
may
be
raised
betwixt
his
Highness
,
his
Nobility
,
or
his
People
.
And
who
can
read
this
Paper
,
without
seeing
the
King
and
Parliament
reproached
openly
in
it
?
For
who
can
hear
,
that
the
Oath
is
only
taken
as
far
as
it
is
consistent
with
it self
and
the
Protestant
Religion
,
but
must
necessarily
conclude
,
that
in
several
things
it
is
inconsistent
with
it self
,
and
the
Protestant
Religion
?
For
if
it
were
not
inconsistent
with
it self
,
and
the
Protestant
Religion
,
why
this
Clause
at
all
but
it
might
have
been
simply
taken
?
For
the
only
reason
of
hindering
it
to
be
taken
simply
,
was
because
of
the
inconsistency
:
ergo
there
behoved
necessarily
to
be
an
inconsistency
.
And
if
there
be
any
inconsistency
with
the
Protestant
Religion
,
or
any
contradiction
in
the
Oath
it self
,
can
there
be
any
thing
a
greater
Reproach
on
the
Parliament
,
or
a
greater
ground
of
mislike
to
the
People
?
And
whereas
it
is
pretended
,
That
all
Laws
and
Subsumptions
should
be
clear
,
and
these
are
only
Inferences
.
It
is
answered
,
That
there
are
some
things
which
the
Law
can
only
forbid
in
general
:
And
there
are
many
Inferences
which
are
as
strong
and
natural
,
and
reproach
as
soon
,
or
sooner
,
than
the
plainest
defamations
in
the
world
do
:
For
what
is
openly
said
of
reproach
to
the
King
does
not
wound
him
so
much
as
many
seditious
Insinuations
have
done
in
this
Age
and
the
last
:
So
that
whatever
was
the
Earl's
design
(
albeit
it
is
always
conceived
to
be
unkind
to
the
Act
,
against
which
himself
debated
in
Parliament
,
)
yet
certainly
the
Law
in
such
cases
is
only
to
consider
what
essect
this
may
have
amongst
the
People
:
And
therefore
the
Acts
of
Parliament
,
that
were
to
guard
against
the
misconstruing
of
His
Majesties
Government
,
do
not
only
speak
of
what
was
designed
,
but
where
a
disliking
may
be
caused
,
and
so
judgeth
ab
effectu
:
And
,
consequentially
to
the
same
emergent
Reason
,
it
makes
all
things
tending
to
the
raising
of
dislike
to
be
punishable
by
the
Act
60.
Parl.
6.
Queen
Mary
;
and
the
9.
Act.
Parl.
20.
James
VI.
So
that
the
Law
designed
to
deter
all
men
by
these
indefinite
and
comprehensive
Expressions
:
And
both
in
this
and
all
the
Laws
of
Leasing-making
,
the
Iudges
are
to
consider
what
falls
under
these
general
and
comprehensive
words
,
Nor
could
the
Law
be
more
special
here
,
since
the
makers
of
Reproach
and
Slander
are
so
various
that
they
could
not
be
bound
up
or
exprest
in
any
Law
:
But
as
it
evidently
appears
,
that
no
man
can
hear
the
words
exprest
,
if
he
believe
this
Paper
,
but
he
must
think
the
Parliament
has
made
a
very
ridiculous
Oath
,
inconsistent
with
it self
and
the
Protestant
Religion
,
the
words
allowing
no
other
sense
,
and
having
that
natural
tendency
;
Even
as
if
a
man
would
say
,
I
love
such
a
man
only
in
so
far
as
he
is
an
honest
man
,
he
behoved
certainly
to
conclude
,
that
the
man
was
not
every
way
honest
;
So
if
your
Lordships
will
take
measures
by
other
Parliaments
,
or
your
Predecessors
,
ye
will
clearly
see
,
That
they
thought
less
than
this
a
defaming
of
the
Government
,
and
misconstruing
His
Majesties
Proceedings
.
For
in
Balmerino's
Case
the
Justices
find
an
humble
Supplication
made
to
the
King
himself
to
fall
under
these
Acts
now
cited
.
Albeit
as
that
was
a
Supplication
so
it
contained
the
greatest
expressions
of
Loyalty
,
and
offers
of
Life
and
Fortune
that
could
be
exprest
,
Yet
because
it
insinuates
darkly
,
That
the
King
in
the
preceeding
Parliament
had
not
favoured
the
Protestant
Religion
,
and
they
were
sorry
he
should
have
taken
Notes
with
his
own
hands
of
what
they
said
,
which
seems
to
be
most
innocent
,
yet
he
was
found
guilty
upon
those
same
very
Acts.
And
the
Parliament
1661.
found
his
Lordship
himself
guilty
of
Leasing
-
making
,
tho
he
had
only
written
a
Letter
to
a
private
Friend
,
which
requires
no
great
care
nor
observation
,
(
but
this
Paper
which
was
to
be
a
part
of
his
own
Oath
does
)
because
after
he
had
spoken
of
the
Parliament
in
the
first
part
of
this
Letter
,
he
thereafter
added
,
That
the
King
would
know
their
Tricks
:
Which
words
might
be
much
more
applicable
to
the
private
Persons
therein
designed
,
than
that
the
words
now
insisted
on
can
be
capable
of
any
such
Interpretation
.
And
if
either
Interpretations
,
upon
pretext
of
exonering
of
Conscience
,
or
otherwise
,
be
allowed
,
a
man
may
easily
defame
as
much
as
he
pleases
:
And
have
we
not
seen
the
King
most
defamed
by
Covenants
entered
into
upon
pretence
to
make
him
great
and
glorious
,
By
Remonstrances
made
to
take
away
his
Brother
and
best
Friend
,
upon
pretence
of
preserving
the
Protestant
Religion
,
and
His
Sacred
Person
?
And
did
not
all
who
rebelled
against
him
in
the
last
Age
declare
,
That
they
thought
themselves
bound
in
duty
to
obey
him
,
but
still
as
far
as
that
could
consist
with
their
respect
to
the
Protestant
Religion
,
and
the
Laws
and
Liberties
,
which
made
all
the
rest
ineffectual
?
And
whereas
it
is
pretended
,
That
by
these
words
,
I
take
the
same
in
as
far
as
it
is
consistent
with
it self
and
the
Protestant
Religion
,
nothing
more
is
meant
,
but
that
he
takes
it
as
a
true
Protestant
:
His
Majesties
Advocate
appeals
to
your
Lordships
,
and
all
the
Hearers
,
if
upon
hearing
this
Expression
they
should
take
it
in
this
sense
,
and
not
rather
think
that
there
is
an
inconsistency
.
For
if
that
were
possible
to
be
the
sense
,
what
need
he
say
at
all
,
as
far
as
it
is
consistent
with
it self
?
Nor
had
the
other
part
,
as
far
as
it
is
consistent
with
the
Protestant
Religion
,
been
necessary
.
For
it
is
either
consistent
with
the
Protestant
Religion
,
or
otherwise
they
were
Enemies
to
the
Protestant
Religion
,
that
made
it
.
Nor
are
any
Lawyers
or
others
in
danger
,
by
pleading
or
writing
:
For
these
are
very
different
from
;
and
may
be
very
easily
pleaded
without
defaming
a
Law
,
and
an
Oath
,
when
they
go
to
take
it
.
But
if
any
Lawyer
should
say
,
in
pleading
or
writing
;
That
the
Test
was
inconsistent
,
or
,
which
is
all
one
,
that
it
were
not
to
be
taken
by
any
man
,
but
so
far
as
it
was
consistent
with
it self
,
and
the
Protestant
Religion
,
no
doubt
this
would
be
a
crime
even
in
pleading
,
tho
pleading
has
a
greater
allowance
than
deliberate
swearing
has
:
And
as
there
is
nothing
wherein
there
is
not
some
inconveniency
,
so
the
inconveniency
of
defaming
the
Government
is
much
greater
than
that
of
any
private
mans
hazard
,
who
needs
not
err
except
he
please
.
Whereas
it
is
pretended
,
That
before
the
Earl
gave
in
this
Explication
,
there
were
other
Explications
spread
abroad
,
and
Answers
read
to
them
in
Council
,
and
that
the
Council
it self
gave
an
Explication
.
It
is
answered
,
That
if
this
Paper
be
Leasing-making
,
or
misconstruing
His
Majesties
Proceedings
,
and
Treasonable
,
as
is
contended
,
then
a
thousand
of
the
like
offences
cannot
excuse
it
.
And
when
the
King
accused
Noblemen
,
Ministers
,
and
others
,
in
the
Year
1661.
for
going
on
in
the
Rebellions
of
that
Age
,
first
with
the
Covenanters
,
and
then
with
the
usurpers
,
it
was
found
no
Defence
,
That
the
Nation
was
over-grown
with
those
Crimes
,
and
that
they
were
thought
to
be
duties
in
those
days
,
Yea
,
this
were
to
invite
men
to
offend
in
multitudes
.
And
albeit
sometimes
these
:
who
follow
the
examples
of
multitudes
may
thereby
pretend
this
as
an
excuse
to
many
,
yet
this
was
never
a
formal
Defence
against
Guilt
,
nor
was
ever
the
chief
of
the
Offenders
favourable
on
that
Head
.
And
it
is
to
be
presumed
,
That
the
Earl
of
Argyle
would
rather
be
followed
by
others
,
than
that
he
would
follow
any
example
.
But
His
Majesties
Advocate
does
absolutely
decline
to
debate
a
point
that
may
defame
a
constant
and
standing
Act
of
Parliament
,
by
leaving
upon
record
a
memory
of
its
being
opposed
.
Nor
were
this
Relevant
,
except
it
could
be
said
,
the
Council
had
allowed
such
Explications
which
reflected
upon
the
King
and
the
Government
:
For
the
writing
an
Answer
is
no
allowance
,
but
a
condemning
:
Not
can
the
Council
allow
any
more
than
they
can
remit
:
And
tho
it
may
justly
be
denied
that
the
Council
heard
even
the
Earl's
own
Explanation
,
yet
the
hearing
or
allowing
him
to
sit
is
no
Relevant
Plea
,
because
they
might
very
justly
have
taken
a
time
to
consider
how
far
it
was
fit
to
accuse
upon
that
Head
.
And
it
is
both
just
and
fit
for
the
Council
to
take
time
;
and
by
express
Act
of
Parliament
the
negligence
of
the
Kings
Officers
does
not
bind
them
.
For
if
this
were
allowed
,
Leading
men
in
the
Council
might
commit
what
Crimes
they
pleased
in
the
Council
,
which
certainly
the
King
may
quarrel
many
years
after
.
And
tho
all
the
Council
had
allowed
him
that
day
,
any
one
Officer
of
State
might
have
quarrelled
it
the
next
day
.
As
to
the
Opinion
of
Bellarmine
,
Sanderson
,
and
others
,
it
is
ever
contended
,
that
the
Principles
of
the
Covenant
agree
very
well
with
those
of
the
Iesuits
,
and
both
dostill
allow
Equivocations
and
Evasions
:
But
no
solid
,
Orthodox
Divine
ever
allowed
,
That
a
man
who
was
to
swear
without
any
Evasion
should
swear
so
as
he
is
bound
to
nothing
,
as
it
is
contended
the
Earl
is
not
,
for
the
Reasons
represented
.
And
as
they
still
recommend
,
That
when
men
are
not
cleare
they
might
abstain
,
as
the
Earl
might
have
done
in
this
Case
,
so
they
still
conclude
.
That
men
should
tell
in
clear
terms
what
the
sense
is
by
which
they
are
to
be
bound
to
the
State
:
Whereas
the
Earl
here
tels
only
in
the
general
,
and
in
most
ambiguous
terms
,
That
he
takes
it
as
far
as
he
can
obey
,
and
as
far
as
it
is
consistent
with
the
Protestant
Religion
,
and
that
he
takes
it
in
his
own
sense
,
and
that
he
is
not
bound
by
it
from
making
alterations
,
but
as
far
as
he
thinks
it
for
the
advantage
of
Church
or
State
:
Which
sense
is
a
thousand
times
more
doubtful
than
the
Test
,
and
is
in
effect
nothing
but
what
the
taker
pleases
himself
.
As
to
the
Treason
founded
on
,
His
Majesties
Advocate
founds
it
first
upon
the
Fundamental
and
Common
Laws
of
this
and
all
Nations
,
whereby
it
is
Treason
for
any
man
to
make
any
alteration
he
shall
think
for
the
advantage
of
Church
or
State
:
Which
he
hopes
is
a
Principle
cannot
be
denied
in
the
general
.
And
whereas
it
is
pretended
,
That
this
cannot
be
understood
of
mean
alterations
,
and
of
alterations
to
be
made
in
a
lawful
way
:
It
is
answered
,
That
as
the
thing
it self
is
Treason
;
so
this
Treason
is
not
taken
off
by
any
of
these
qualifications
;
because
he
declares
,
he
will
wish
and
endeavour
any
alteration
he
thinks
fit
:
And
any
alteration
comprehends
all
alterations
that
he
thinks
fit
:
Nam
propositio
indefinita
aequipollet
universali
.
And
the
word
any
is
general
in
its
own
nature
,
and
is
in
plain
terms
a
reserving
to
himself
to
make
alterations
,
both
great
and
small
.
And
the
restriction
is
not
,
all
alterations
that
the
King
shall
think
fit
,
or
are
consistent
with
the
Laws
and
Acts
of
Parliament
;
but
he
is
still
to
be
Judge
of
this
,
and
his
Loyalty
is
to
be
the
Standard
.
Nor
did
the
Covenanters
in
the
last
Age
,
nor
do
these
who
are
daily
executed
,
decline
that
they
are
bound
to
obey
the
King
,
simply
,
but
only
that
they
are
bound
to
obey
him
no
otherwise
than
as
far
as
his
Commands
are
consistent
with
the
Law
of
God
,
of
Nature
,
and
of
this
Kingdom
,
and
with
the
Covenant
:
And
their
Treason
lies
in
this
.
And
when
it
is
asked
them
,
Who
shall
be
judge
in
this
,
they
still
make
themselves
Judges
.
And
the
reason
of
all
Treason
being
,
that
the
Government
is
not
secure
;
it
is
desired
to
be
known
,
what
way
the
Government
can
be
secured
after
this
Paper
,
since
the
Earl
is
still
Judge
how
far
he
is
obliged
,
and
what
is
his
Loyalty
.
And
if
this
had
been
sufficient
,
the
Covenant
had
been
a
very
excellent
Paper
:
for
they
are
there
bound
to
endeavour
,
in
their
several
stations
,
to
defend
the
Kings
Person
:
but
when
the
King
challenged
them
,
how
they
came
to
make
War
against
him
?
their
great
Refuge
was
,
That
they
were
themselves
still
ludges
as
to
that
.
And
for
illustrating
this
Power
,
the
Lords
of
Justitiary
are
desired
to
consider
,
quid
Iuris
,
if
the
Earl
,
or
any
man
else
should
have
reserved
to
himself
in
this
Oath
a
liberty
to
rise
in
Arms
,
or
to
oppose
the
lineal
Succession
,
tho
he
had
added
,
in
a
lawful
manner
:
For
the
thing
being
in
it self
unlawful
,
this
is
but
shamm
,
and
Protestatio
contraria
facto
.
And
if
these
be
unlawful
,
notwithstanding
of
such
additions
,
so
much
more
must
this
general
reservation
,
of
making
any
alterations
,
likewise
be
unlawful
,
notwithstanding
of
these
additions
:
For
he
that
reserves
the
general
power
of
making
any
alteration
,
does
,
a
fortiori
,
reserve
power
to
make
any
alteration
,
tho
never
so
fundamental
.
For
all
particulars
are
included
in
the
General
;
and
whatever
may
be
said
against
the
Particulars
may
much
more
strongly
be
said
against
the
General
.
2.
The
130.
Act.
Par.
8.
James
VI.
is
expresly
founded
on
,
because
nothing
can
be
a
greater
diminution
of
the
power
of
the
Parliament
,
than
to
introduce
a
way
or
mean
whereby
all
their
Acts
and
Oaths
shall
be
made
insignificant
and
ineffectual
,
as
this
Paper
does
make
them
,
for
the
Reasons
represented
.
Nor
are
any
of
the
Estates
of
Parliament
secure
at
this
rate
,
but
that
they
who
reserved
a
general
power
to
make
all
alterations
,
may
,
under
that
General
,
come
to
alter
any
of
them
.
3.
What
can
be
a
greater
impugning
of
the
Dignity
and
Authority
of
Parliaments
,
than
to
say
,
That
the
Parliament
has
made
Acts
for
the
security
of
the
Kingdom
,
which
are
in
themselves
ridiculous
,
inconsistent
with
themselves
and
the
Protestant
Religion
?
And
as
to
what
is
answered
against
invading
the
Kings
Prerogative
,
and
the
Legislative
Power
in
Parliaments
,
in
adding
a
part
to
an
Oath
or
Act
,
is
not
relevantly
inferred
,
since
the
sense
of
these
words
,
And
this
I
understand
as
a
part
of
my
Oath
,
is
not
to
be
understood
as
if
any
thing
were
to
be
added
to
the
Law
,
but
only
to
the
Oath
,
and
to
be
an
interpretation
of
the
Oath
.
It
is
replied
,
That
after
this
,
no
man
needs
to
add
a
Caution
to
the
Oath
in
Parliament
.
But
when
he
comes
to
take
the
Oath
,
do
the
Parliament
what
they
please
,
he
will
add
his
own
part
.
Nor
can
this
part
be
looked
upon
as
a
sense
:
For
if
this
were
the
sense
before
this
Paper
,
he
needed
not
understand
it
as
a
part
of
it
,
for
it
wanted
not
that
part
.
And
in
general
,
as
every
man
may
add
his
own
part
,
so
the
King
can
be
secure
of
no
part
.
But
your
Lordships
of
Justitiary
are
desired
to
consider
,
how
dangerous
it
would
be
in
this
Kingdom
,
and
how
ill
it
would
sound
in
any
other
Kingdom
,
That
men
should
be
allowed
to
reserve
to
themselves
liberty
to
make
any
alteration
they
thought
fit
in
Church
or
State
,
as
to
the
legality
of
which
,
they
were
themselves
to
be
Judges
:
And
how
far
,
from
Degree
to
Degree
,
this
at
last
may
come
to
absolute
Anarchy
,
and
how
scandalous
a
thing
,
as
well
as
unsecure
,
this
new
way
may
look
in
an
Age
wherein
we
are
too
much
tracing
the
steps
of
our
rebellious
Progenitors
in
the
last
,
whose
great
detection
and
error
was
,
That
they
thought
themselves
,
and
not
the
King
the
Authors
of
Reformation
in
Church
and
State
.
And
no
man
ever
was
barred
by
that
,
that
the
way
he
was
upon
was
not
a
lawful
way
:
For
if
it
be
allowed
to
every
man
to
take
his
own
way
,
every
man
will
think
his
own
way
to
be
the
lawful
way
.
As
to
the
Perjury
,
it
is
founded
on
this
,
first
.
That
perjury
may
be
committed
,
not
only
by
breaking
an
Oath
,
but
even
in
the
swearing
of
it
,
viz.
to
swear
it
with
such
Evasions
as
make
the
Oath
ineffectual
:
For
which
Sandersone
is
cited
,
Pag.
138.
Alterum
Perjurii
genus
est
novo
aliquo
excogitato
Commento
Iuramenti
vim
declinare
,
aut
eludere
,
&
Iurans
tenetur
sub
poena
Perjurii
implere
Secundum
Intentionem
deferentus
;
both
which
are
here
.
For
the
Earl
being
bound
by
the
very
Oath
,
to
swear
in
the
genuine
meaning
,
without
any
evasion
,
he
has
sworn
so
as
he
has
evaded
every
word
,
there
being
not
one
word
to
which
it
can
be
said
particularly
he
is
bound
,
as
is
said
.
And
it
is
undeniable
,
that
he
has
not
sworn
in
the
sense
of
the
makers
of
the
Law
,
but
in
his
own
sense
,
which
is
Perjury
,
as
is
said
.
And
consequentially
,
whatever
sense
may
be
allowed
in
ambiguous
Cases
,
yet
there
can
be
none
where
the
Paper
clearly
bears
Generals
:
And
where
he
declares
,
That
he
takes
it
in
his
own
sense
,
His
Majesties
Advocate
declares
,
he
will
not
burden
himself
,
that
Copies
were
disperst
,
tho
it
is
certain
,
since
the
very
Paper
it self
by
the
giving
in
is
chargeable
with
all
that
is
above
charged
upon
it
.
Sir
John
Dalrymple's
Defence
and
Plea
for
the
Earl
of
Argyle
,
by
way
of
Reply
upon
the
King's
Advocate
.
SIR
John
Dalrymple
replies
for
the
Pannel
,
That
since
the
solid
grounds
of
Law
adduced
in
the
Defences
have
received
no
particular
Answers
,
in
relation
to
the
common
consent
of
all
Casuists
,
viz.
That
a
party
who
takes
an
Oath
is
bound
in
Conscience
to
clear
and
propose
the
terms
and
sense
in
which
he
does
understand
the
Oath
;
Nor
in
relation
to
the
several
Grounds
adduced
concerning
the
legal
and
rational
Interpretation
of
dubious
Clauses
.
And
since
these
have
received
no
Answers
,
the
Grounds
are
not
to
be
repeated
:
but
the
Proctors
for
the
Pannel
do
farther
insist
on
these
Defences
.
1.
It
is
not
alledged
,
That
any
Explanation
was
given
in
by
the
Pannel
to
any
person
,
or
any
Copy
spread
,
before
the
Pannel
did
take
the
Test
in
Council
:
So
that
it
cannot
be
pretended
,
That
the
many
Scruples
that
have
been
moved
concerning
the
Test
,
did
arise
from
the
Pannel's
Explication
:
But
on
the
contrary
,
all
the
Objections
that
are
answered
,
and
obviated
in
the
Pannel's
Explication
,
were
not
only
privately
muttered
,
or
were
the
thoughts
of
single
or
illiterate
persons
,
but
they
were
the
difficulties
proposed
by
Synods
and
Presbyteries
,
long
before
the
Pannel
came
from
home
,
or
was
required
to
take
the
Test
:
So
that
the
general
terms
of
the
Acts
of
Parliament
founded
upon
in
the
Libel
are
not
applicable
to
this
Case
:
For
as
these
Laws
,
in
relation
to
Leasing
makers
,
are
only
relative
to
atrocious
wilful
Insinuations
,
or
misconstructions
of
His
Majesties
Person
or
Government
,
or
the
open
depraving
of
his
Laws
,
so
the
restrictive
Clause
,
whereby
sedition
or
misconstructions
may
be
moved
,
raised
,
or
engendered
betwixt
His
Majesty
and
his
Liedges
,
cannot
be
applied
to
this
Case
,
where
all
these
Apprehensions
and
Scruples
were
on
foot
,
and
agitated
long
before
the
Pannel's
Explanation
.
As
it
cannot
be
pretended
,
That
any
new
dust
was
raised
by
the
Pannel's
Explanation
,
so
it
is
positively
offered
to
be
proved
,
That
there
is
not
one
word
contained
in
this
Explanation
,
but
that
either
these
individual
words
,
or
much
worse
,
had
been
publikly
proposed
,
and
verbatim
read
in
Council
,
without
the
least
discouragement
,
or
the
least
objection
made
by
any
Member
of
the
Council
.
And
where
a
Writing
,
ex
proposito
read
in
so
high
a
Court
,
was
universally
agreed
upon
,
without
the
alteration
of
a
Syllable
,
how
can
it
be
pretended
,
That
any
person
thereafter
using
the
said
in
●ividual
terms
in
any
Explanation
,
and
far
easier
terms
,
that
they
shall
incur
the
high
and
infamous
Crimes
libelled
?
And
the
question
is
not
here
.
Whether
the
Council
was
a
proper
Judicature
to
have
proposed
,
or
imposed
a
sense
,
or
allowed
any
Explanation
of
the
Test
to
be
published
;
but
that
it
is
impossible
that
a
sense
they
allowed
,
or
being
publikly
read
be●ore
them
,
and
which
the
Kings
Advocate
did
not
controll
,
that
this
should
import
Treason
,
or
any
Crime
:
And
tho
the
Pannels
Advocate
will
not
pursue
or
follow
the
Reply
that
has
been
made
to
this
point
yet
certainly
no
man
of
sober
sense
will
think
that
it
is
fit
to
insinuate
that
so
high
a
judicature
might
have
authorized
or
acquiescedin
such
Explanations
as
the
Liedges
thereafter
should
be
entrapped
to
have
used
If
the
Pannel
had
officiously
or
ultr●neously
offered
a
sense
or
Explanation
of
His
Majesties
Laws
,
which
the
Laws
themselves
could
not
have
born
,
it
might
justly
have
been
alledged
,
that
he
was
extraordinem
,
and
medling
in
a
matter
he
was
not
concerned
in
but
where
the
Act
of
Council
did
enjoyn
,
and
he
was
required
and
cited
to
that
effect
,
It
could
neither
be
constructed
as
ostentation
,
or
to
move
or
encourage
Scruples
or
Resistance
but
it
was
absolutely
necessary
,
either
for
to
have
refused
the
Test
,
or
else
to
have
declared
what
he
thought
to
be
the
true
and
genuine
meaning
of
it
.
And
there
being
so
many
objections
publikly
moved
and
known
,
his
Explanation
was
nothing
else
but
to
clear
,
That
he
did
not
look
upon
these
Scruples
and
Objections
moved
by
others
as
well
founded
and
rational
in
themselves
;
and
therefore
he
was
able
to
take
the
Test
in
that
sense
the
Council
had
heard
or
allowed
.
And
it
is
not
controverted
,
that
the
sense
of
the
Legislator
is
the
genuine
sense
both
of
Laws
and
Oaths
:
And
if
a
person
were
only
interpreting
the
meaning
of
either
a
Law
or
an
Oath
imposed
,
he
should
deprave
and
misconstruct
the
Law
and
Oath
,
if
he
rendered
it
wittingly
and
willingly
in
terms
inconsistent
with
the
meaning
of
the
imposer
:
But
there
is
a
great
difference
betwixt
taking
of
Oaths
,
and
interpreting
Oaths
;
For
when
a
man
comes
to
take
an
Oath
,
except
his
particular
sense
did
agree
with
the
genuine
meaning
of
the
imposer
,
he
cannot
take
that
Oath
,
tho
he
may
very
well
interpret
and
declare
what
is
the
sense
of
the
Legislator
,
which
he
may
know
,
and
yet
perhaps
not
be
able
to
take
the
Oath
.
And
therefore
when
there
is
any
doubtfulness
in
an
Oath
,
and
a
party
is
bound
to
take
it
,
if
then
he
gives
in
an
Explication
of
the
sense
which
he
in
his
private
judgment
doth
apprehend
to
be
the
genuine
meaning
,
if
that
private
sense
be
disconform
to
the
Legislators
sense
in
the
Oath
,
then
the
Imposer
of
the
Oath
,
or
he
that
has
power
to
offer
it
to
the
party
,
if
he
consider
the
parties
sense
disconform
,
he
ought
to
reject
the
Oath
,
as
not
fulfilling
the
intent
of
the
Law
imposing
it
.
But
it
is
impossible
to
state
that
as
a
Crime
,
That
a
party
should
neither
believe
what
is
proposed
in
the
Oath
,
nor
be
able
to
take
it
;
And
he
can
run
no
farther
hazard
,
but
the
penalty
imposed
upon
the
Refuser
.
And
therefore
in
all
Oaths
there
must
be
a
concourse
both
of
the
sense
imposed
by
Authority
,
and
of
the
private
Sense
,
Iudgment
or
Conscience
of
the
party
.
And
therefore
if
a
party
should
take
an
Oath
in
the
Sense
proposed
by
Authority
contrary
to
his
own
sense
,
he
were
perjured
:
whereby
it
is
evident
that
the
sense
of
Authority
is
not
sufficient
,
without
the
acquiescence
and
consent
of
the
private
person
.
And
therefore
it
is
very
strange
,
why
that
part
of
the
Pannel's
Explanation
should
be
challenged
,
that
he
takes
it
in
his
own
Sense
,
the
posterior
words
making
it
as
plain
as
the
light
,
that
that
sense
of
his
own
is
not
what
he
pleases
to
make
of
the
Oath
,
for
it
bears
expresly
,
that
no
body
can
explain
it
but
for
himself
,
and
reconcile
it
as
it
is
genuine
,
and
agrees
in
its
own
sense
:
So
that
there
must
be
a
Reconciliation
betwixt
his
own
sense
and
the
genuine
sense
,
which
upon
all
hands
is
acknowledged
to
be
the
Sense
of
Authority
.
And
if
the
Pannel
had
been
of
these
lax
and
debaucht
Principles
,
that
he
might
have
evaded
the
meaning
and
energy
of
the
Oath
,
by
imposing
upon
it
what
sense
he
pleased
,
certainly
he
would
have
contented
himself
in
the
general
refuge
of
Equivocation
,
or
Mental
Reservation
,
and
he
would
never
have
exposed
his
sense
to
the
world
,
in
which
he
took
this
Oath
,
whereby
he
became
absolutely
fixed
and
determined
to
the
Oath
,
in
that
particular
sense
,
and
so
had
no
latitude
of
shuffling
off
the
Energy
or
Obligation
of
the
Oath
.
And
it
is
likewise
acknowledged
,
That
the
Cases
alledged
in
the
Reply
are
true
,
viz.
That
the
person
is
guilty
of
Perjury
,
si
aliquo
novo
Commento
he
would
elude
his
Oath
,
or
who
doth
not
fulfil
the
Oath
in
the
sense
of
the
Imposer
.
But
that
does
not
concern
this
Case
:
For
in
the
foresaid
Citation
,
a
person
,
after
he
has
taken
an
Oath
,
finding
out
some
new
conceit
to
elude
it
he
is
perjured
:
but
in
this
Case
the
Pannel
did
at
,
and
before
his
taking
the
Test
,
declare
the
terms
in
which
he
understood
it
;
So
that
this
was
not
nov●
aliquo
commento
to
elude
it
.
And
the
other
Case
,
where
a
party
takes
it
in
the
sense
of
Authority
,
but
has
some
subterfuge
,
or
concealed
Explanation
,
it
is
acknowledged
to
be
Perjury
.
But
in
this
Case
there
was
no
concealed
Explanation
,
but
it
was
publikly
exprest
,
and
an
Explanation
given
,
which
the
Pannel
designed
,
and
understood
as
the
meaning
of
Authority
,
and
had
ground
to
believe
he
was
not
mistaken
,
since
upon
that
Explanation
he
was
received
and
allowed
to
sit
and
vote
in
Council
.
And
as
to
that
part
of
the
Reply
,
that
explains
the
Treason
,
there
can
be
no
Treason
in
the
Pannel's
Case
,
because
the
express
Act
of
Parliament
founded
upon
doth
relate
only
to
the
Constitution
of
the
Parliament
:
And
I
am
sure
His
Majesties
Advocate
cannot
subsume
in
these
terms
:
And
therefore
in
the
Reply
he
recurs
to
the
general
Grounds
of
the
Law
,
That
the
usurping
of
His
Majesties
Authority
,
in
making
a
part
of
the
Law
;
and
to
make
alterations
in
general
,
and
without
the
King
,
are
high
and
treasonable
words
or
designs
,
and
such
as
the
party
pleases
,
and
such
designs
as
have
been
practised
in
the
late
times
.
And
that
even
the
adjection
of
fair
and
safe
words
,
as
in
the
Covenant
,
does
not
secure
from
treasonable
Designs
;
and
that
it
was
so
found
in
Balmerino's
Case
,
tho
it
bear
a
fair
Narrative
of
an
humble
Supplication
.
It
is
replied
,
That
the
usurpation
of
making
of
Laws
is
undoubtedly
treasonable
;
but
no
such
thing
can
be
pretended
or
subsumed
in
this
Case
:
For
albeit
the
Pannel
declares
his
Explanation
to
be
a
part
of
his
Oath
,
yet
he
never
meaned
to
impose
it
as
a
part
of
the
Law
,
or
that
this
Explanation
should
be
a
thing
distinct
,
or
a
separate
part
even
of
his
Oath
.
For
his
Explanation
being
but
exegetik
of
the
several
parts
of
the
Oath
,
it
is
no
distinct
thing
from
the
Oath
,
but
declared
to
be
a
part
of
the
Oath
de
natura
rei
.
And
it
was
never
pretended
,
That
he
that
alledged
any
thing
to
be
de
natura
rei
,
did
say
,
That
that
was
distinct
and
separate
,
which
were
a
Contradiction
.
And
therefore
the
Argument
is
retorted
,
the
Pannel
having
declared
,
this
Explanation
was
,
de
natura
rei
,
implied
in
the
Oath
,
he
necessarily
made
this
Explanation
no
addition
or
extention
of
the
Oath
.
So
that
for
all
this
Explanation
,
the
Oath
is
neither
broader
nor
longer
than
it
was
.
And
as
to
these
words
,
I
do
not
mean
to
bind
up
my self
in
my
station
,
and
in
a
lawful
way
,
to
wish
and
endeavour
any
alteration
I
think
to
the
advantage
of
Church
or
State
,
not
repugnant
to
the
Protestant
Religion
,
and
my
Loyalty
.
It
is
a
strange
thing
how
this
Clause
can
be
drawn
in
question
,
as
treasonable
,
when
it
may
with
better
Reason
be
alledged
,
That
there
is
no
good
Subject
but
is
bound
to
say
it
.
And
albeit
the
words
to
endeavour
in
my
station
,
be
words
contained
in
the
Covenant
,
yet
that
is
no
Reason
,
why
two
words
in
the
Covenant
may
not
be
made
use
of
in
another
very
good
and
loyal
sense
.
And
there
is
no
man
that
shall
have
the
honour
either
to
be
entrusted
by
His
Majesty
in
his
Council
,
or
any
other
Judicature
,
or
to
be
a
Member
of
Parliament
,
but
he
is
bound
by
his
Loyalty
to
say
the
same
thing
.
And
there
was
never
a
Clause
more
cautiously
exprest
,
for
the
words
run
,
to
endeavour
any
alteration
I
shall
think
to
the
advantage
of
Church
and
State
.
And
tho
that
was
sufficient
,
yet
the
Clause
is
so
cautiously
conceived
,
that
it
contains
another
Restriction
,
not
repugnant
to
Religion
and
his
Loyalty
.
So
that
except
it
could
be
alledged
,
That
a
man
by
lawful
means
,
to
the
advantage
of
Church
and
State
,
consistent
with
his
Religion
and
Loyalty
,
could
make
treasonable
alterations
,
and
invasions
upon
the
Government
and
Monarchy
,
which
are
the
highest
Contradictions
imaginable
,
there
can
be
nothing
against
the
Pannel
.
And
albeit
the
Clause
,
any
alterations
,
might
,
without
the
Restrictions
and
Qualifications
foresaid
,
be
generally
extended
,
yet
the
preceeding
words
of
lawful
way
,
and
the
rational
Interpretation
of
the
emission
of
words
especially
before
a
solemn
Judicatory
,
leaves
no
place
or
shadow
to
doubt
,
that
these
alterations
were
no
fundamental
or
treasonable
alterations
,
but
such
as
the
frailty
of
humane
Affairs
and
Constitutions
,
and
vicissitude
of
things
and
circumstances
,
do
constantly
require
in
the
most
exact
Constitutions
under
Heaven
.
And
the
clause
does
not
so
much
as
import
,
that
there
is
a
present
necessity
of
alteration
,
but
it
was
a
necessary
and
rational
prospect
,
That
albeit
at
present
all
things
under
Heaven
had
been
done
to
secure
the
Religion
and
Government
,
yet
there
might
occur
Cases
that
would
require
new
helps
,
alterations
,
and
remedies
.
And
it
is
not
pretended
in
this
Case
for
the
Pannel
,
That
he
desires
to
alleviate
,
or
take
off
words
truly
treasonable
,
or
having
an
ill
design
,
by
the
mixing
of
fair
and
safe
,
dutiful
and
submissive
Expressions
,
which
indeed
are
Protestations
contrari●
facto
.
For
there
is
nothing
in
his
Explanation
,
that
either
in
his
design
,
or
in
the
words
themselves
,
being
rationally
and
naturally
interpreted
,
can
infer
the
Crimes
libelled
,
or
any
of
them
.
And
the
Pannel's
known
Principles
,
and
known
Practices
,
do
not
only
clear
that
Loyalty
that
he
has
profest
before
the
Lords
of
Justitiary
,
and
instructed
by
unquestionable
Documents
,
but
they
put
him
far
from
the
suspicion
of
these
damnable
Principles
related
in
the
Reply
,
Of
which
the
whole
tract
of
his
Life
hath
been
an
intire
evidence
of
his
abhorrency
and
detestation
.
And
in
the
last
place
,
It
is
thought
strange
,
why
that
should
be
represented
as
an
affront
or
disgrace
to
the
Government
,
That
the
Parliament
imposed
a
Test
which
the
Pannel
is
not
able
to
take
simply
.
And
it
is
not
pretended
,
That
he
hath
defamed
,
written
or
spoken
against
the
Test
it self
,
or
for
the
inconvenience
of
it
;
but
only
that
he
hath
not
been
able
to
see
the
good
ground
upon
which
it
may
be
simply
taken
.
And
this
were
to
condemn
him
for
want
of
sight
or
sense
,
when
the
Law
hath
punished
no
man
for
not
taking
the
Test
,
but
only
turned
him
out
of
the
Government
.
And
it
is
as
strange
an
Inference
,
That
because
the
Pannel
declares
,
He
believes
the
Parliament
meaned
no
Contradiction
and
would
take
the
Test
,
in
as
far
as
it
is
consistent
,
that
therefore
he
said
,
the
Parliament
imposed
Contradictions
:
Which
is
so
far
from
a
rational
Induction
,
that
the
Contradiction
of
these
Subsumptions
,
in
all
congruity
of
Language
and
Sense
,
is
necessarily
true
.
And
therefore
the
last
part
of
that
Clause
,
in
so
far
as
it
is
consistent
,
is
a
Consequence
inferred
upon
the
former
:
viz.
I
believe
the
Parliament
designed
to
impose
no
Contradictions
:
ergo
,
I
take
the
Test
as
consistent
,
and
in
so
far
as
it
must
be
consistent
,
if
the
Parliament
did
not
impose
Contradictions
,
as
certainly
they
have
not
;
and
to
convince
the
world
,
that
in
this
sense
this
Explanation
is
receivable
,
it
was
proposed
in
Council
,
and
allowed
,
and
therefore
without
the
highest
reflection
,
it
cannot
now
be
quarrelled
.
Sir
George
Lockhart's
second
Plea
for
the
Earl
of
Argyle
,
by
way
of
Reply
upon
the
King's
Advocate
.
SIR
George
Lockhart
Duplies
,
That
the
Defender
repeats
and
oppones
his
former
Defences
,
which
are
no
ways
elided
,
nor
satisfied
by
the
Reply
made
by
His
Majesties
Advocate
.
And
altho
it
be
easie
for
the
Kings
Advocate
,
out
of
his
zeal
,
to
pretend
and
argue
Crimes
of
the
highest
Nature
upon
Inferences
and
Consequences
,
neither
consistent
with
the
Pannel's
design
nor
with
his
words
and
expressions
,
yet
there
cannot
be
a
more
dangerous
foundation
laid
,
for
the
security
and
interest
of
the
Government
,
and
the
security
and
protection
of
the
Subjects
,
than
that
Crimes
should
be
inferred
but
from
clear
,
evident
;
and
express
Laws
,
and
plain
palpable
Contravention
of
these
Laws
,
It
being
both
against
the
Laws
of
God
and
Man
,
that
a
Man
should
be
made
an
Offender
for
a
word
,
and
especially
for
expressions
which
according
to
Sense
and
Reason
,
and
considering
the
time
and
place
where
they
were
spoken
by
the
Pannel
,
viz.
as
a
Member
of
His
Majesties
Privy-Council
,
and
in
presence
of
his
Royal
Highnes
,
and
the
Members
of
Council
,
and
when
required
to
take
the
Test
,
were
safe
and
Innocent
:
and
it
were
against
all
Law
and
Reason
,
to
suppose
that
the
Pannel
either
did
,
or
designed
to
do
any
thing
which
may
,
or
did
import
the
Crimes
libelled
against
him
.
And
whereas
it
is
pretended
,
That
the
Oath
required
and
imposed
by
Act
of
Parliament
was
for
the
security
of
the
Government
;
and
that
the
Pannel
by
his
Explication
does
evade
the
Oath
,
by
taking
it
only
so
far
as
it
is
consistent
with
the
Protestant
Religon
,
and
his
own
Loyalty
,
whereof
he
was
Judge
.
It
is
answered
,
That
the
pretence
is
most
unwarrantable
,
and
the
security
of
His
Majesties
Government
is
not
at
all
endangered
(
as
God
forbid
it
should
,
)
tho
the
Pannel
,
and
a
Thousand
more
had
simply
refused
the
Test
,
or
had
taken
it
in
a
sense
which
does
not
satisfie
the
Law
;
it
being
competent
to
publik
Authority
to
consider
,
whether
the
Pannels
Oath
,
in
the
terms
of
the
Explication
wherein
he
did
take
it
,
does
satisfie
the
Act
of
Parliament
or
not
;
And
if
not
,
there
can
be
no
rational
consequence
inferred
thereupon
,
but
that
he
is
holden
as
a
Refuser
of
the
Oath
,
and
liable
to
the
Certification
of
the
Act
of
Parliament
,
of
not
assuming
and
continuing
in
any
publik
Trust
:
And
no
more
was
intended
or
designed
by
the
Act
of
Parliament
it self
,
than
strictly
to
make
the
Oath
in
the
true
and
genuine
sense
and
meaning
of
the
Parliament
,
an
indispensible
qualification
of
persons
admitted
to
publik
Trust.
So
that
it
is
not
at
all
material
to
dispute
,
whether
the
Pannel's
Explication
can
be
looked
upon
as
a
full
satisfaction
of
the
Act
,
which
whether
it
should
or
not
,
it
can
import
no
Crime
against
him
,
it
not
being
consistent
with
Sense
and
Reason
,
that
a
person
who
absolutely
refuseth
the
Test
,
upon
the
scrupulosity
of
his
Conscience
,
albeit
he
be
not
capable
of
publik
Trust
,
should
be
,
notwithstanding
,
looked
upon
as
guilty
of
no
Crime
:
and
yet
another
who
was
willing
to
go
a
greater
length
,
albeit
he
did
demur
and
scruple
as
to
the
full
length
,
that
he
should
be
reputed
criminal
and
guilty
of
a
Crime
.
2.
The
Pannel
repeats
and
conjoyns
with
this
the
grounds
above-mentioned
,
contained
in
his
Defences
,
viz.
That
neither
the
Crimes
libelled
,
nor
any
other
Crime
,
were
ever
pretended
or
made
use
of
against
any
others
,
who
did
spread
abroad
Objections
of
an
high
nature
,
which
yet
were
so
favourably
looked
upon
,
as
to
be
construed
only
to
proceed
from
scrupulosity
of
Conscience
,
as
also
the
satisfaction
endeavoured
is
in
such
terms
,
and
by
such
condescensions
,
as
do
take
in
,
and
justifie
the
whole
terms
of
the
Explication
libelled
.
It
is
of
great
moment
,
and
whereof
the
Lords
of
Justitiary
are
desired
to
take
special
notice
,
both
for
clearing
the
absolute
innocence
of
the
Pannel's
meaning
and
intention
,
and
to
take
off
all
possible
misconstruction
that
can
be
wrested
or
detorted
from
the
tenor
and
expressions
of
the
libelled
Explication
,
That
the
Pannel
was
put
to
,
and
required
to
take
the
Oath
,
before
the
Lords
of
His
Majesties
Privy-Council
did
pass
and
pubish
their
Proclamation
explaining
the
Oath
,
and
declaring
the
genuine
sense
and
meaning
thereof
,
namely
.
That
it
did
not
tye
to
the
whole
Articles
of
the
Confession
of
Faith
,
ratified
by
Act
of
Parliament
,
James
6.
and
which
,
as
to
several
Articles
thereof
,
had
occasioned
the
scruples
,
and
difficulties
,
and
alledged
inconsistency
and
contradiction
betwixt
the
last
part
of
the
Oath
and
the
said
Confession
,
and
betwixt
some
of
these
Articles
,
and
the
Currant
of
the
Protestant
Doctrine
,
received
and
contained
in
the
Syntagma
of
the
Protestant
Confessions
.
And
therefore
if
the
Pannel
at
that
time
did
think
fit
,
for
the
clearing
and
exoneration
of
his
own
Conscience
,
to
use
the
expressions
in
the
Explication
libelled
,
and
yet
with
so
much
duty
and
confidence
of
the
Parliaments
Justice
,
as
to
their
meaning
and
intention
,
That
the
Parliament
never
intended
to
impose
contradictory
Oaths
;
and
that
he
did
take
it
so
far
as
it
was
consistent
with
it self
,
and
the
Protestant
Religion
,
not
knowing
then
,
whether
the
whole
Confession
was
to
be
reputed
a
part
of
the
Oath
,
and
doubting
there-anent
;
and
which
the
Lords
of
His
Majestie
's
Privy-Council
&
his
Sacred
Majesty
by
his
approbation
since
,
have
thought
a
difficulty
of
so
great
moment
as
it
was
fit
to
clear
the
same
by
a
publik
Proclamation
;
How
now
is
it
possible
,
that
any
Judicatory
under
Heaven
,
which
proceeds
upon
the
solid
grounds
of
Law
and
Reason
,
and
who
(
it
cannot
be
doubted
)
will
have
a
just
regard
to
the
intrinsik
Principles
of
Justice
,
and
to
all
mens
security
,
that
they
can
now
believe
all
,
or
any
of
the
Crimes
libelled
,
should
be
in
the
least
inferred
from
all
,
or
any
of
the
expressions
contained
in
the
said
Explication
?
But
that
on
the
contrary
it
was
a
warrantable
allowance
,
and
Christian
practice
,
condemned
by
the
Law
and
Custom
of
no
Nation
,
That
having
scruples
in
the
matter
of
an
Oath
which
should
be
taken
in
Truth
,
Iudgment
&
Righteousness
,
and
upon
full
deliberation
,
and
with
a
full
assurance
and
sincerity
of
mind
,
That
he
did
plainly
,
openly
,
and
clearly
declare
the
sense
in
which
he
was
willing
to
take
it
;
and
if
Authority
did
allow
it
as
the
genuine
sense
of
the
Oath
,
the
Pannel
to
be
holden
as
a
Taker
of
the
Oath
:
And
if
upon
farther
consideration
,
Authority
think
not
,
that
habetur
pro
Recusante
,
and
a
Refuser
of
the
Oath
,
but
no
ways
to
be
looked
upon
as
a
criminal
or
guilty
person
.
And
the
Pannel
repeats
and
conjoyns
with
this
point
of
the
Reply
that
point
in
his
Defence
,
whereby
he
positively
offers
to
prove
,
1.
That
his
Explication
,
and
the
sense
wherein
he
took
the
Oath
,
was
heard
,
and
publikly
given
and
received
in
Council
,
and
the
Pannel
thereafter
allowed
to
take
his
place
,
and
sit
and
vote
in
that
Sederunt
.
2.
The
Pannel
also
offers
positively
to
prove
,
That
the
tenor
and
terms
of
his
Sense
and
Explication
wherein
he
did
take
the
Oath
,
is
contained
in
that
Solid
,
Learned
,
and
Pious
Vindication
,
written
by
the
Bishop
of
Edenburgh
,
in
answer
to
the
Objections
and
alledged
inconsistencies
and
contradictions
in
the
Oath
,
and
which
Vindication
was
publikly
read
in
Council
,
and
so
far
approved
,
that
it
was
allowed
to
be
printed
and
published
;
and
was
accordingly
dispersed
and
spread
abroad
.
And
it
is
not
of
the
least
import
,
that
the
Proclamation
of
the
Lords
of
Privy-Council
,
altho
it
does
only
allow
the
same
to
be
taken
by
the
Clergy
,
yet
at
the
same
time
they
expresly
declare
the
genuine
sense
and
meaning
of
the
Parliament
not
to
comprehend
the
whole
Articles
of
the
Confession
,
which
was
not
cleared
before
the
Pannel's
taking
his
Oath
.
And
whereas
it
is
pretended
,
That
the
Acts
of
Parliament
libelled
upon
,
against
Leasing
makers
,
depravers
of
His
Majesties
Laws
,
do
obtain
and
take
place
,
where-ever
there
are
any
words
or
expressions
that
have
a
tendency
in
themselves
,
or
by
a
natural
consequence
,
and
rational
inferences
,
to
reflect
upon
the
Government
,
or
misconstrue
His
Majesties
Prooceedings
;
and
that
the
Explication
libelled
is
such
,
and
that
it
was
found
so
in
the
Case
of
Balmerino
,
albeit
it
was
drawn
up
by
way
of
humble
Petition
and
Address
to
His
Majesty
,
and
with
great
Protestations
and
Expressions
of
Loyalty
.
It
is
answered
,
The
Acts
of
Parliament
libelled
upon
are
opponed
,
and
the
43d
Act
,
Par.
8.
James
6.
and
the
other
Acts
,
making
the
depraving
of
His
Majesties
Laws
to
be
Crimes
,
do
expresly
require
,
that
Speeches
so
judged
be
perverse
and
licentious
Speeches
,
ex
natura
sua
probrosae
and
reproachful
,
and
spoke
animo
defamandi
,
and
which
could
not
receive
any
other
rational
Construction
,
which
cannot
in
the
least
be
applied
to
,
or
subsumed
upon
the
words
,
or
Explication
given
in
by
the
Pannel
.
And
Law
and
Reason
never
infers
or
presumes
a
Crime
,
where
the
thing
is
capable
of
a
fair
and
rational
Construction
,
and
where
it
was
done
palam
and
publikly
,
and
in
presence
of
His
Majesties
High
Commissioner
,
and
Lords
of
His
Majesties
Privy-Council
,
whereof
the
Pannel
had
the
honour
to
be
a
Member
,
Persons
commiting
and
designing
to
commit
Crimes
making
use
of
Times
,
and
Places
,
and
Companies
of
another
nature
,
on
whom
their
suggestions
and
insinuations
may
prevail
.
But
it
is
a
violence
to
the
common
Reason
of
mankind
,
to
pretend
,
that
a
person
of
the
Pannel's
Quality
,
having
the
honour
to
serve
His
Majesty
in
most
eminent
Capacities
,
and
devoted
to
His
Majesties
Interest
and
Service
;
beyond
the
strictest
ties
of
Duty
and
Allegiance
,
by
the
transcendent
Favours
he
had
received
,
that
the
Pannel
in
those
Circumstances
,
and
in
presence
of
his
Royal
Highness
and
Lords
of
Privy-Council
,
should
design
to
declame
,
and
de
facto
,
declame
against
,
and
defame
His
Majesties
Government
:
To
suppose
this
is
absolutely
contradictory
to
the
common
Principles
and
Practices
of
Law
,
and
common
Topiks
of
Reason
.
And
as
to
Balmerino's
Case
,
it
is
answered
,
That
the
Lords
of
Justitiary
are
humbly
desired
to
call
for
,
and
peruse
the
said
Petition
,
and
Books
of
Adjournal
,
which
was
certainly
a
defamatory
Libel
of
His
Majesties
Father
,
of
blessed
Memory
,
and
of
the
States
of
Parliament
in
the
highest
degree
,
bearing
expresly
,
that
there
was
nothing
designed
but
an
innovation
of
the
Protestant
Religion
,
and
the
subversion
and
over-turning
the
Liberties
and
Priviledges
of
the
Parliament
,
and
the
Constitutions
of
the
Articles
,
and
other
things
of
that
kind
,
which
made
certainly
of
it self
a
most
villanous
and
execrable
Libel
,
containing
the
highest
Crimes
of
Treason
and
Perduellion
,
and
was
not
capable
of
any
good
sense
or
interpretation
,
but
was
absolutely
pernicious
and
destructive
:
So
that
it
is
in
vain
to
pretend
,
that
the
said
Libel
did
contain
Prefaces
and
Protestations
of
Loyalty
,
which
no
Law
regards
,
even
in
simplici
injuria
&
maledicto
,
tho
committed
by
a
private
person
,
cum
praefatione
,
salvo
honore
,
or
the
like
,
and
which
were
certainly
ridiculous
to
sustain
in
a
Libel
concerning
Crimes
of
Treason
.
And
whereas
it
is
pretended
,
That
tho
others
were
guilty
of
these
Crimes
,
it
does
not
excuse
the
Earl
:
and
that
the
Lords
of
Privy-Council
cannot
remit
Crimes
;
and
the
negligence
of
the
Kings
Officers
cannot
prejudg
his
Interest
.
It
is
answered
,
The
Pannel
is
very
confident
,
that
neither
the
Lords
of
His
Majesties
Privy-Council
,
consisting
of
persons
of
eminent
Loyalty
and
Judgment
,
nor
His
Majesties
Officers
,
were
capable
of
any
such
escape
as
is
pretended
:
and
if
the
tenor
of
the
Pannels
Explication
did
in
the
least
import
the
high
and
infamous
Crimes
libelled
,
as
beyond
all
peradventure
it
does
not
,
it
were
strange
,
how
the
same
being
contained
in
the
foresaid
vindication
,
and
the
whole
Clauses
thereof
justified
,
that
this
should
have
been
looked
on
as
no
Crime
,
and
allowed
to
be
published
.
And
the
Pannel
neither
does
,
nor
needs
to
make
farther
use
thereof
,
but
to
convince
all
dis-interested
persons
,
that
his
Explication
can
import
no
Crime
.
And
whereas
it
is
pretended
,
That
the
Crime
of
Treason
is
inferred
from
the
fundamental
Laws
of
the
Kingdom
,
and
from
that
Clause
of
the
Pannel's
Explication
,
wherereby
he
declares
,
he
is
not
bound
up
by
any
thing
in
this
Oath
not
to
endeavour
any
alteration
in
a
lawful
way
:
which
being
an
indefinite
Proposition
is
equipollent
to
an
univetsal
,
and
is
upon
the
matter
coincident
with
a
Clause
which
was
rebellious
in
its
consequences
,
contained
in
the
Solemn
League
and
Covenant
.
It
is
answered
,
That
it
is
strange
,
how
such
a
plain
and
innocent
Clause
,
whereby
,
beyond
all
question
,
he
does
express
no
more
than
was
naturally
imported
in
the
Oath
it self
,
whether
exprest
or
not
,
should
be
made
a
foundation
to
import
the
Crime
of
Treason
,
which
no
Lawyer
ever
allowed
,
except
where
it
was
founded
upon
express
Law
&
Luce
Meridiana
Clari●r
:
And
indeed
if
such
stretches
and
inferences
can
make
men
guilty
of
Treason
no
man
can
be
secure
.
And
the
words
in
the
Pannel's
Declaration
are
plain
and
clear
(
yet
non
sunt
cavillanda
)
and
import
no
more
,
but
that
,
in
his
station
,
and
in
a
lawful
way
,
and
consistent
with
the
Protestant
Religion
,
and
his
Loyalty
,
he
might
endeavour
any
alteration
to
the
advantage
of
Church
and
State
.
And
was
there
ever
any
loyal
or
rational
Subject
,
that
does
,
or
can
doubt
,
that
this
is
the
natural
import
of
the
Oath
?
And
indeed
it
were
a
strange
Oath
,
if
it
were
capable
of
another
sense
,
and
being
designed
for
the
security
of
the
Government
,
should
bind
up
mens
hands
to
concur
for
its
advantage
.
And
how
was
it
possible
,
that
the
Pannel
,
or
any
other
in
the
capacity
of
a
Privy-Councellor
,
or
a
Member
of
the
Parliament
,
would
have
satisfied
his
Duty
and
Allegiance
in
other
terms
?
And
whereas
it
is
pretended
that
there
was
the
like
case
in
the
pretended
League
and
Covenant
,
it
is
answered
The
Assertion
is
evidently
a
Mistake
;
and
tho
it
were
,
the
Argument
is
altogether
inconsequential
:
For
that
League
and
Covenant
was
treasonable
in
it self
,
as
being
a
Combination
entered
into
without
His
Majesties
Authority
,
and
was
treasonable
in
the
glosses
that
were
put
upon
it
,
and
was
imposed
by
absolute
violence
on
the
Subjects
of
this
Kingdom
And
how
can
the
Pannel
be
in
the
least
supposed
to
have
had
any
respect
to
the
said
League
and
Covenant
,
when
he
had
so
often
taken
the
Declaration
,
disowning
and
renouncing
it
,
as
an
unlawful
and
sinful
Oath
,
and
concurred
in
the
many
excellent
Laws
and
Acts
of
Parliament
made
by
His
Majesty
,
condemning
the
same
as
seditious
and
treasonable
?
And
whereas
it
is
pretended
.
That
the
Pannel
is
guilty
of
Perjury
,
having
taken
the
Oath
in
another
sense
than
was
consistent
with
the
genuine
sense
of
the
Parliament
,
and
that
by
the
Authority
cited
he
doth
commento
eludere
Iuramentum
,
which
ought
always
to
be
taken
in
the
sense
of
him
that
imposeth
the
Oath
:
It
is
answered
,
The
Pretence
is
most
groundless
,
and
Perjury
never
was
,
nor
can
be
inferred
,
but
by
the
commission
,
or
omission
of
something
directly
contrary
to
the
Oath
.
And
altho
it
it
is
true
,
That
where
an
Oath
is
taken
,
without
any
Declaration
of
the
express
sense
of
the
persons
who
take
it
,
it
obliges
sub
poena
Perjurii
,
in
the
sense
,
not
of
the
taker
,
but
of
the
imposer
of
the
Oath
,
because
expressing
no
Sense
,
Law
and
Reason
presumes
there
is
a
full
acquiescence
in
the
sense
and
meaning
of
the
imposer
of
the
Oath
:
and
then
if
an
Oath
be
not
so
taken
,
he
that
takes
it
is
guilty
of
Perjury
.
Yet
there
was
never
Lawyer
nor
Divine
,
Popish
or
Protestant
,
but
agree
in
this
,
That
whatever
be
the
tenor
of
the
Oath
,
if
before
the
taking
thereof
,
the
party
in
express
terms
does
publikly
&
openly
declare
the
sense
in
which
he
takes
it
,
it
is
impossible
it
can
infer
the
Crime
of
Perjury
against
him
in
any
other
sense
,
this
not
being
Commentum
excogitatum
,
after
the
taking
of
the
Oath
.
And
if
this
were
not
so
,
how
is
it
possible
in
Sense
and
Reason
;
that
ever
any
Explication
or
Sense
could
solve
the
Scruples
of
a
mans
Conscience
?
For
it
might
be
always
pretended
,
That
notwithstanding
of
the
express
sense
wherein
he
took
it
,
he
should
be
guilty
of
Perjury
from
another
sense
.
And
that
this
is
the
irrefragable
opinion
of
all
Divines
,
of
whatever
perswasion
,
is
not
only
clear
from
the
Authority
above-mentioned
,
even
those
who
allow
of
reserved
senses
,
but
more
especially
by
the
universal
suffrage
of
all
Protestant
Divines
,
who
tho
they
do
abominate
all
thoughts
of
Subterfuges
or
Evasions
,
after
taking
of
the
Oath
,
yet
they
do
always
allow
and
advise
for
the
safety
and
security
of
a
doubting
and
scrupulous
Conscience
,
that
they
should
express
and
declare
,
before
the
taking
of
the
Oath
,
the
true
sense
and
meaning
wherein
they
have
freedom
to
take
it
;
and
for
which
Sandersone
de
Iuramento
is
cited
,
Prelect
.
6.
Sect.
10.
pag.
75.
where
his
words
are
,
Sane
ut
inter
Iurandum
omnia
recte
fiant
,
expedit
ut
de
verborum
sensu
inter
omnes
partes
quarum
interest
liquido
constet
,
quod
veteribus
dictum
,
liquido
Iurare
.
And
an
Oath
being
one
of
the
highest
Acts
of
Devotion
,
containing
Cultum
Latriae
,
there
is
nothing
more
consonant
to
the
Nature
of
all
Oaths
,
and
to
that
Candor
,
Ingenuity
,
and
Christian
simplicity
,
which
all
Law
and
Religion
requires
in
such
cases
.
The
Kings
Advocate
's
Third
Plea
against
the
Earl
of
Argyle
.
HIS
Majesties
Advocate
conceives
he
has
nothing
to
answer
as
to
depraving
,
Leasing-making
;
and
mis-interpreting
,
&c.
save
that
this
Oath
was
only
designed
to
exclude
Recusants
;
and
consequently
the
Pannel
may
thereby
be
debarred
from
his
Offices
,
but
not
made
guilty
of
a
Crime
.
To
which
he
Triplies
,
1.
If
ever
the
Earl
had
simply
refused
,
that
had
been
true
,
but
that
did
not
at
all
excuse
from
defaming
the
Law
,
for
a
defamer
is
not
punished
for
refusing
,
but
for
defaming
.
2.
If
he
had
simply
refused
the
Government
had
been
in
no
more
hazard
,
but
if
men
will
both
retain
their
Places
,
and
yet
take
the
same
in
such
words
as
secure
not
the
Government
,
it
were
strange
to
think
,
that
the
design
of
the
Law
being
to
secure
against
mens
possessing
who
will
not
obey
,
that
yet
it
should
allow
them
possession
who
do
not
obey
.
Nor
is
the
Refuser
here
in
a
better
Case
than
the
Earl
,
and
others
,
who
offered
to
obey
,
because
it
is
the
defaming
the
Law
,
as
ridiculous
,
and
inconsistent
with
that
Protestant
Religion
,
and
Leasing-making
betwixt
the
King
,
the
Nobility
,
and
the
People
,
the
misconstruing
,
and
misrepresenting
,
as
hath
been
formerly
urged
,
that
puts
the
Earl
in
a
worse
Condition
.
And
all
those
Arguments
might
be
as
well
urged
for
any
who
had
uncontrovertedly
contraveened
these
Acts
,
as
for
the
Pannel
.
Whereas
it
is
pretended
,
That
the
King
emitted
a
Proclamation
to
satisfie
Dissenters
;
it
is
answered
,
That
the
Proclamation
was
designed
for
none
who
had
been
Members
of
Parliament
,
and
so
should
have
known
the
sense
;
but
it
was
designed
for
meer
ignorants
,
not
for
such
as
had
defamed
the
Law
,
which
is
still
here
charged
upon
the
Pannel
.
As
to
the
Article
of
Treason
,
it
is
conceived
,
That
it
is
unanswerably
founded
upon
the
Common
Law
,
discharging
all
men
to
make
alteration
of
the
Government
.
As
to
which
there
needs
no
express
Statute
,
that
being
the
very
essence
of
Government
,
and
needing
no
Laws
.
Like
as
it
falls
positively
under
all
the
Laws
that
discharge
the
assuming
the
Royal
or
Legislative
Power
;
For
to
alter
the
Government
,
is
inseparably
united
to
the
Crown
.
Like
as
the
Subsumption
is
as
clear
,
the
express
words
not
bearing
,
That
the
Earl
reserves
to
himself
a
power
to
propose
to
His
Majesty
any
alterations
,
or
to
concur
to
serve
His
Majesty
in
making
alterations
;
but
owning
in
most
general
and
arbitrary
terms
,
to
wish
and
endeavour
any
alteration
he
should
think
fit
for
the
advantage
of
Church
or
State
,
and
not
determining
any
thing
that
could
bind
him
otherwise
than
according
to
his
own
pleasure
:
For
the
word
(
lawful
)
is
still
subjected
to
himself
,
and
has
subjoyned
to
it
,
as
he
should
think
fit
,
which
governs
the
whole
Proposition
;
and
in
that
sense
,
and
as
the
words
are
here
set
down
,
the
greatest
Rebel
in
Scotland
will
subscribe
that
Explanation
:
For
there
is
no
man
but
will
restrict
himself
to
a
lawful
obedience
,
providing
he
be
Judg
of
the
lawfulness
.
And
seeing
all
Oaths
proposed
for
the
security
of
Government
require
a
certain
depending
upon
the
Legislator
,
and
not
upon
the
Taker
,
it
is
impossible
that
that
end
could
be
attained
by
any
qualification
,
how
special
soever
,
which
is
made
to
depend
absolutely
upon
the
Taker
,
and
not
upon
the
Legislator
.
And
we
have
often
seen
,
how
little
security
there
is
in
those
specious
words
,
the
very
Covenant
it self
having
not
only
the
very
words
above-repeated
,
but
attesting
all
the
world
to
be
witnesses
to
their
Loyalty
and
Sincerity
.
And
as
to
the
former
Instances
,
viz.
rising
in
Arms
,
or
opposing
the
lawful
Successor
,
there
is
no
Covenanter
in
Scotland
,
but
will
say
,
he
will
do
neither
,
but
in
a
lawful
way
,
and
in
his
station
,
and
in
a
way
consistent
with
his
Loyalty
,
for
a
man
were
mad
to
say
otherwise
:
But
yet
when
they
come
to
explain
this
,
they
will
only
do
it
as
they
think
fit
,
and
will
be
Judges
themselves
;
and
then
will
tell
us
,
That
defensive
Arms
are
lawful
;
and
that
no
Popish
Successor
should
succeed
,
nor
no
Successor
unless
he
subscribe
the
Covenant
.
And
whereas
it
is
pretended
,
That
no
Clause
in
the
Test
does
exclude
a
man
from
making
alterations
;
it
is
answered
,
That
the
alterations
which
the
Test
allows
are
none
at
all
but
in
subordination
to
Authority
.
And
as
to
the
Two
Points
above-mentioned
,
it
excludes
all
alterations
as
to
these
Points
.
And
as
to
the
making
fundamental
alterations
,
this
reservation
allows
to
make
any
alteration
;
and
consequently
fundamental
alterations
;
to
preclude
which
Libertinisme
this
excellent
Law
was
invented
.
Whereas
it
is
pretended
,
That
the
Pannel
designs
not
to
add
any
thing
as
a
part
of
the
Law
,
but
as
a
part
of
his
Oath
,
it
is
duplied
,
Since
the
Oath
is
a
part
of
the
Law
,
whoever
adds
to
the
Oath
,
adds
to
the
Law
.
Whereas
it
is
pretended
,
That
the
Crime
of
Perjury
cannot
be
inferred
here
,
because
all
Divines
allow
,
That
the
Taker
of
an
Oath
is
still
allowed
to
declare
in
what
sense
he
takes
the
Oath
;
and
that
this
is
clear
from
Sandersone
,
Pag.
175.
It
is
triplied
,
That
where
there
are
two
dubious
senses
,
Lawyers
and
Divines
allow
,
That
the
Taker
should
clear
himself
,
which
of
the
Two
he
should
take
;
which
is
very
just
,
because
to
which
soever
of
the
two
he
determines
himself
,
the
Legislator
in
that
Case
is
sure
of
him
.
But
here
it
is
not
pretended
,
That
there
are
two
senses
;
nor
does
the
Pannel
declare
in
which
of
the
two
he
takes
it
,
or
in
what
clear
sense
at
all
he
takes
it
,
which
is
indeed
liquido
Iurare
.
But
here
the
Pannel
neither
condescends
,
what
particular
clause
of
the
Test
is
unclear
;
nor
after
he
has
condescended
upon
the
Articles
,
does
he
condescend
upon
the
sense
,
but
in
general
mysterious
words
,
where
he
can
neither
be
followed
,
nor
found
out
,
He
only
takes
it
in
so
far
as
it
is
consistent
with
it self
,
and
the
Protestant
Religion
,
reserving
the
squaring
all
by
his
own
Loyalty
,
as
he
did
in
the
beginning
declare
,
That
he
took
it
in
his
own
sense
,
By
which
general
sense
,
neither
is
the
Government
secure
of
any
thing
it
does
enjoin
,
nor
could
he
be
punished
if
he
transgressed
.
Nor
can
it
be
doubted
,
but
Perjury
may
be
inferred
by
any
equivocal
or
evading
sense
,
inter
Iurandum
,
as
well
as
by
breaking
an
Oath
afterwards
:
Which
is
very
clear
from
Sandersone
,
Pag.
138.
The
words
whereof
are
alterum
Perjurii
genus
estinter
Iurandum
detorquere
verba
;
and
which
is
farther
clear
by
the
28.
Page
;
but
above
all
,
from
the
Principles
of
Reason
,
and
the
necessity
of
Commerceand
Government
:
For
if
men
may
adhibit
such
glosses
,
even
whilst
they
swear
,
as
may
make
the
Oath
useless
,
what
way
will
either
Government
or
Commerce
be
maintained
?
And
he
deceives
as
much
that
deceives
in
swearing
salvis
verbis
,
as
he
who
after
he
has
sworn
,
does
break
the
Oath
;
nay
and
more
too
,
because
the
breaking
may
come
rom
forgetfulness
,
or
other
accidents
:
but
the
evading
by
general
Clauses
,
which
bind
no
man
,
does
from
the
first
Instance
originally
make
all
Oaths
useless
and
dangerous
,
and
that
this
interpretation
eludes
the
Oath
absolutely
is
very
clear
from
what
hath
been
formerly
debated
.
For
It
may
be
argued
,
That
the
Earl
broke
the
Oath
in
so
far
as
the
first
day
he
swears
the
Oath
,
which
bears
to
be
without
any
evasion
(
and
must
be
so
,
notwithstanding
of
whatever
he
could
say
;
)
And
the
next
day
he
gives
in
this
evasion
,
which
is
a
down-right
violation
of
that
Oath
,
and
inconsistent
with
it
.
Nor
was
this
Oath
forced
,
but
voluntarily
emitted
,
to
keep
his
own
Places
.
And
it
was
the
greater
Crime
that
it
was
done
in
the
Council
,
because
that
was
to
make
it
the
more
publik
,
and
consequently
the
more
to
misrepresent
the
Government
.
After
this
debate
,
which
,
according
to
the
custom
of
the
Court
,
was
verbatim
dictat
by
the
Advocats
of
either
side
,
and
written
by
the
Clerk
,
and
so
took
up
much
time
,
and
the
Court
having
sat
,
at
least
twelve
hours
,
without
intermission
,
it
adjourned
till
the
nixt
day
being
Tuesday
the
13.
of
December
,
at
two
of
the
clock
in
the
afternoon
:
And
then
the
Earl
being
again
brought
to
the
Barr
,
the
following
Interloquutour
(
that
is
judgment
and
sentence
)
of
the
Lords
of
Iustitiary
,
on
the
forgoing
debate
,
was
read
,
and
pronounced
in
open
Court
.
Edenburgh
,
December
12.
1681.
The
Interloquutour
of
the
Lords
of
Iustitiarie
.
THE
Lords
,
Justice
general
,
and
Commissioners
of
the
Justitiary
,
having
considered
the
Libel
and
debate
,
they
sustain
the
defence
proponed
for
the
Earl
of
Argyle
,
the
Pannel
,
in
relation
to
the
perjury
libelled
,
viz.
That
he
emitted
this
Explanation
at
,
or
before
his
taking
the
Test
,
first
before
His
Royal
Highness
,
His
Majesties
High
Commissioner
,
and
the
Lords
of
His
Majesties
Privy
Council
,
relevant
,
to
elude
that
Article
of
the
Libel
.
The
Lords
sustain
the
Libel
,
as
being
founded
upon
the
common
Law
,
and
Explication
libelled
,
and
upon
Act
130
,
Parl.
8.
James
VI.
to
infer
the
pain
of
Treason
.
They
likewise
sustain
the
Libel
,
as
founded
upon
the
10.
Act
,
Parl.
10.
James
VI.
to
infer
the
pain
of
death
;
and
likewise
sustain
that
part
of
the
Libel
anent
Leasing-making
,
and
Leasing-telling
,
to
infer
the
particular
pains
mentioned
in
the
several
acts
libelled
.
And
repel
the
whole
other
defences
,
duplies
,
and
quadruplies
,
and
remits
the
Libel
,
with
the
defences
anent
the
Perjury
,
to
the
knowledg
of
an
Assize
.
Thereafter
the
Assize
,
that
is
the
Jury
,
being
constitut
and
sworn
,
viz.
List
of
the
Assizers
.
-
Marquis
Montross
,
-
E.
Middleton
,
-
E.
Airlie
,
-
E.
Perth
,
P.
Cr
-
E.
Dalhousie
,
-
E.
Roxburgh
,
P.
Cr
-
E
Dumfries
,
-
E.
Linlithgow
,
P.
Cr
-
Lord
Lindoors
,
-
Lord
Sinclare
,
-
Lord
Bruntisland
,
-
Laird
of
Gosfoord
,
-
Laird
of
Claverhouse
,
-
Laird
of
Balnamoon
,
-
Laird
of
Park
Gordon
.
HIS
Majesties
Advocate
adduced
four
witnesses
,
to
prove
the
points
of
the
indictment
,
remitted
to
the
knowledge
of
the
Assize
,
viz.
Iohn
Drummond
of
Lundie
,
then
Governour
of
the
Castle
of
Edenburgh
,
now
Treasurer-depute
,
Sir
William
Paterson
,
and
Mr
Patrik
Menzies
,
Clerks
of
the
privy
Council
,
and
H.
Stevenson
,
their
Under-clerk
:
Who
deponed
,
That
on
the
4.
of
November
,
the
Earl
did
give
in
an
unsubscribed
Explanation
of
the
Test
,
which
he
refused
to
sign
;
One
of
the
witnesses
also
adding
,
That
he
heard
him
make
the
same
Explanation
,
the
day
before
,
in
Council
,
and
that
it
was
there
accepted
.
Then
His
Majesties
Advocate
asked
,
if
the
Earl
would
make
use
of
his
Exculpation
for
eliding
the
perjury
libelled
;
to
wit
,
That
he
had
emitted
the
same
Explanation
,
before
taking
the
Test
,
in
presence
of
His
Royal
Highness
,
and
the
Council
.
To
which
the
Earl
answered
,
That
,
seeing
they
had
sustain'd
the
Libel
,
as
to
the
alledged
Treason
,
he
would
not
trouble
them
about
the
Perjury
:
Especially
the
matter
of
fact
,
referred
by
the
Interloquutour
to
his
probation
,
being
of
it selfe
so
clear
and
notour
.
But
the
truth
is
,
the
Interloquutour
pronounced
was
so
amazing
that
both
the
Earl
,
and
his
Advocats
,
were
struk
with
deep
silence
:
For
they
plainly
perceived
that
,
after
such
a
Judgment
in
the
case
,
all
further
endeavours
would
be
in
vain
:
It
being
now
manifest
,
that
seeing
the
Earis
innocnce
had
so
little
availed
,
as
that
his
plain
and
honest
words
,
purely
uttered
for
the
necessary
satisfaction
of
his
own
conscience
,
and
clearing
of
his
Loyalty
,
had
been
construed
,
and
detorted
,
to
infer
Leasing-making
,
Depraving
,
and
Treason
;
The
tongues
of
men
,
and
Angels
(
as
some
of
his
Advocats
also
said
)
could
not
do
any
good
:
And
therefore
neither
did
the
Earl
,
nor
they
Object
any
thing
,
either
against
the
Assizers
,
or
Witnesses
,
though
liable
to
obvious
,
and
unanswerable
exceptions
:
Nor
did
the
Earl's
Advocats
,
say
any
thing
to
the
Assize
,
as
the
custom
is
,
and
as
in
this
case
they
might
well
have
done
to
take
off
the
force
of
the
Evidence
,
and
to
demonstrat
that
the
depositions
instead
of
proving
the
indictment
did
rather
prove
the
Earle's
defences
:
But
,
as
I
have
said
,
they
now
plainly
saw
,
that
all
this
had
been
unnecessary
work
;
And
,
in
effect
,
were
of
opinion
,
that
after
so
black
,
and
dreadful
a
sense
put
upon
what
the
Earl
had
spoke
and
done
,
in
such
fair
,
and
favourable
circumstances
,
there
could
be
nothing
said
,
before
such
a
Court
,
which
might
not
expose
themselves
to
the
like
hazard
,
and
more
easily
be
made
liable
to
the
same
misconstruction
.
But
,
upon
this
silence
,
the
Advocat
,
taking
instruments
,
Protests
(
whether
in
forme
only
or
from
a
real
fear
let
others
judge
)
for
an
Assize
of
error
,
in
case
the
Assizers
should
Assoil
or
acquit
.
Whereupon
the
Assize
removing
was
inclosed
:
And
,
after
sometime
,
returned
their
Verdict
,
which
was
read
in
open
Court
of
this
tenour
.
The
Verdict
of
the
Assize
.
THE
Assize
having
elected
,
and
chosen
the
Marques
of
Montrole
to
be
their
Chancellor
,
they
all
in
one
voice
find
the
Earl
of
Argyle
guilty
,
and
culpable
of
the
Crimes
of
Treason
,
Leasing-making
,
and
Leasing-telling
,
And
find
,
by
plurality
of
votes
,
the
said
Earlinnocent
and
not
guilty
of
Perjury
.
And
then
the
Court
again
adjourned
:
And
the
Privy-Council
wrote
the
following
Letter
to
His
Majestie
.
The
Councils
Letter
to
the
King
,
desiring
leave
to
pronounce
Sentence
against
the
Earl
of
Argyle
.
May
it
please
Your
Sacred
Majesty
.
Halyrudhouse
,
December
14.
1681.
IN
Obedience
to
your
Majesties
Letter
,
dated
the
15th
of
November
last
;
we
ordered
your
Majesties
Advocat
to
insist
in
that
Process
,
raised
at
your
Instance
,
against
the
Earl
of
Argyle
:
And
having
allowed
him
a
long
time
for
his
appearance
,
and
any
Advocates
he
pleased
to
employ
,
and
Letters
of
exculpation
,
for
his
Defence
;
He
,
after
full
Debate
,
and
clear
Probation
,
was
found
guilty
of
Treason
,
Leasing-making
betwixt
your
Majesty
,
your
Parliament
,
and
your
People
,
and
the
reproaching
of
your
Laws
and
Acts
of
Parliament
.
But
because
of
your
Majesties
Letter
,
ordaining
us
to
send
your
Majesty
a
particular
account
of
what
he
should
be
found
guilty
of
,
before
the
pronouncing
of
any
Sentence
against
him
,
we
thought
it
our
duty
to
send
your
Majesty
this
account
of
our
,
and
your
Iustices
proceedings
therein
;
And
to
signifie
to
your
Majesty
,
with
all
Submission
,
That
it
is
usual
,
and
most
fit
for
your
Majesties
service
and
the
Advantage
of
the
Crown
,
that
a
Sentence
be
pronounced
,
upon
the
Verdict
of
the
Assize
,
without
which
the
process
will
be
still
imperfect
.
After
which
,
your
Majesty
may
,
as
you
in
your
Royal
Prudence
,
and
Clemency
shall
think
fit
,
Ordain
all
farther
execution
to
be
sisted
,
during
your
Maesties
pleasure
:
Which
shall
be
dutifully
obeyed
by
.
Your
Majesties
most
Humble
,
Most
Faithful
,
and
most
Obedient
,
Subjects
and
Servants
Sic
Subscribitur
,
-
Alex.
St.
And.
-
Athol
,
-
Douglas
,
-
Montrose
,
-
Glencairn
-
Wintoun
-
Linlithgow
,
-
Perth
,
-
Roxburgh
,
-
Dumfries
,
-
Strathmore
,
-
Airlie
,
-
Ancram
,
-
Livingstoun
,
-
Io.
Edinburgens
.
-
Elphingstoun
,
-
Dalziell
,
-
Geo.
Gordon
,
-
Ch.
Maitland
,
-
Geo
Mc
kenzie
,
-
G.
Mc
kenzie
,
-
Ramsay
,
-
I.
Drummond
.
THE
Earl
,
as
well
as
the
Lords
of
privy
Council
,
waited
some
dayes
for
the
Answer
of
this
Letter
:
But
the
Earl
making
his
escape
,
a
day
or
two
,
before
it
came
,
I
shall
take
occasion
to
entertain
you
,
in
the
mean
time
,
with
ane
account
of
some
thoughts
that
the
Earl
had
set
down
in
writing
,
in
order
to
some
discourse
he
intended
to
have
made
to
the
Lords
of
Justitiary
,
before
their
pronouncing
sentence
.
And
then
,
I
shall
subjoyn
the
motives
,
and
arguments
,
which
(
as
he
hath
since
informed
some
of
his
friends
)
did
induce
him
to
make
his
escape
:
Which
,
with
what
I
have
said
before
,
will
give
you
a
full
account
of
all
matters
,
till
His
Majesties
return
came
,
and
the
sentence
past
.
And
first
,
he
takes
notice
,
that
on
Moonday
the
twelfth
of
December
,
the
day
of
his
arraignment
,
the
Court
adjourned
,
before
he
was
aware
:
And
it
being
then
late
,
about
nine
of
the
clock
,
and
after
a
sederunt
of
twelve
houres
,
He
did
not
imagine
,
they
would
have
proceeded
further
,
that
night
;
But
only
heard
afterwards
that
they
sat
it
out
till
two
or
three
after
midnight
:
And
was
surprised
the
next
morning
,
to
understand
,
that
without
calling
him
again
,
or
asking
at
him
,
or
hearing
,
or
considering
his
own
sense
of
his
own
words
,
they
had
not
only
found
the
Libel
relevant
,
but
repelled
his
defences
,
and
with
one
breath
rejected
all
his
most
material
reasons
of
exculpation
,
root
and
branch
.
This
seemed
hard
,
though
the
words
had
been
worse
,
and
no
way
capable
of
a
favourable
construction
(
which
none
,
no
not
the
judges
themselves
,
can
be
so
void
of
sense
as
to
think
really
they
were
not
)
and
this
was
so
far
beyond
all
imagination
,
that
,
neither
the
Earl
,
nor
his
Advocats
did
ever
dream
it
could
fall
out
,
though
all
was
not
said
might
have
been
said
,
nor
what
was
said
so
fully
enforced
as
the
Earls
Advocats
could
easily
have
done
,
if
the
case
had
not
been
thought
so
very
clear
,
and
the
Earl
his
innocence
so
obvious
,
and
apparent
,
and
they
unwilling
unnecessarily
to
irritat
many
concerned
.
This
great
haste
,
and
strange
proceeding
,
did
so
surprise
,
and
astonish
him
(
as
I
have
said
)
that
it
caused
him
,
the
next
day
when
the
Sentence
was
read
,
to
keep
deep
silence
,
and
suffer
the
Interloquutour
to
be
pronounced
,
the
Assizers
chosen
,
and
sworn
,
and
the
Witnesses
receaved
,
and
examined
,
without
once
offering
to
say
,
or
object
any
thing
,
or
so
much
as
inquiring
,
at
either
Assizers
,
or
Witnesses
,
whether
they
had
not
been
tampered
with
,
and
practised
by
promises
,
and
threatnings
,
or
whether
some
of
them
had
not
previously
,
and
publikly
declared
themselves
in
the
Case
,
and
others
of
them
had
not
partially
advised
,
and
solicited
against
him
;
Which
,
as
they
are
just
,
and
competent
exceptions
,
So
he
was
able
to
have
proven
them
,
against
most
of
them
,
instantly
,
and
fully
.
And
indeed
as
to
such
of
the
Assizers
as
were
Councellors
,
(
whom
for
your
better
information
,
I
have
marked
in
the
list
of
Assizers
thus
P.
C.
)
and
had
first
ordered
his
imprisonment
,
next
signed
the
Letter
to
His
Majesty
,
and
then
ordered
the
Process
,
and
therein
manifestly
fore-stalled
their
own
judgment
(
had
they
done
no
more
)
it
was
a
wonder
,
beyond
parallel
,
That
,
neither
their
own
honour
,
nor
the
common
decency
of
justice
,
nor
even
His
Majesties
Advocat's
interest
,
did
prevent
their
being
impannelled
on
that
Assize
.
But
the
truth
is
,
the
Earl
did
so
far
neglect
,
and
abandon
himself
,
and
give
way
to
the
Court
,
that
he
did
not
so
much
as
open
his
mouth
,
to
clear
himself
of
the
Perjury
laid
to
his
charge
,
which
yet
God
Almighty
was
pleased
to
do
,
by
the
plurality
of
voices
of
the
same
Assize
.
who
it
appeares
plainly
did
bear
him
little
kindness
:
For
whereas
Assizers
do
usually
return
their
Verdict
,
proven
or
not
proven
rather
then
guilty
or
not
guilty
,
and
ought
alwise
to
do
so
,
where
the
relevancie
is
in
dubio
,
and
especially
in
a
case
of
this
nature
,
in
which
the
alledged
treason
is
no
ouvert
act
,
and
indeed
no
act
,
nor
so
much
as
a
real
ground
of
offence
,
But
plainly
such
a
subtile
,
chimerical
,
and
non-sensical
consequence
,
that
the
finding
it
doth
quite
surpass
the
comprehension
of
all
unbyassed
men
;
it
might
have
been
expected
that
persons
of
their
quality
would
have
chosen
the
more
moderate
form
of
proven
or
not
proven
,
and
not
involved
themselves
unnecessarily
upon
Oath
in
adjudging
the
relevancy
of
a
guilt
,
which
so
few
are
able
to
imagine
,
and
none
will
ever
make
out
;
Yet
you
see
in
their
Verdict
,
that
all
in
one
voice
they
did
find
the
Earl
guilty
,
in
the
most
positive
,
and
strong
form
:
Adding
,
for
superabundance
,
culpable
,
for
sooth
,
the
better
to
demonstrate
their
good
will
.
Nor
is
it
unworthy
of
remark
,
that
when
such
of
the
Assizers
as
were
present
at
the
Council
declared
the
Earl
innocent
of
the
Perjury
(
which
His
Majesties
Advocate
did
only
pretend
to
infer
from
the
Earls
alledged
silence
,
or
not
speaking
loud
eneugh
,
the
first
day
,
when
he
signed
the
Test.
)
Because
they
heard
him
,
at
the
same
time
,
pronounce
his
explanation
:
Yet
some
other
Assizers
that
were
no
Councellors
,
and
knew
nothing
of
that
matter
of
fact
,
but
by
hear-say
,
without
all
regard
to
the
witnessing
of
these
Councellors
their
fellow
Assizers
,
voted
him
guilty
:
And
so
took
it
formally
on
their
consciences
,
that
he
had
said
nothing
,
in
the
Council
,
at
his
taking
the
Test
;
Albeit
all
the
Council
knew
the
contrary
(
by
which
they
are
clearly
perjured
)
nay
such
was
the
earnestness
of
some
(
who
thought
it
scarce
possible
to
carry
the
treason
upon
words
so
safe
and
innocent
)
to
have
the
Earl
found
guilty
of
Perjury
,
that
it
was
particularly
recommended
to
His
Majesties
Advocate
to
get
him
made
guilty
of
that
point
,
to
render
him
for
ever
uncapable
of
publik
employment
.
And
the
Clerk
of
the
Assize
was
so
concerned
in
it
that
He
twice
misreckoned
the
votes
,
before
he
would
yeeld
that
the
Earl
was
assoyled
,
or
acquit
of
the
Perjury
And
this
,
among
other
things
,
may
serve
to
clear
,
how
that
whole
matter
was
influenced
,
and
mannaged
:
For
,
as
the
Earl
cannot
be
charged
with
Perjury
,
the
second
day
,
because
he
swore
none
at
all
;
So
as
little
the
first
day
,
seeing
whether
he
took
the
Test
with
an
Explanation
(
as
certainly
he
did
,
)
or
simply
without
saying
any
thing
,
It
is
equally
apparent
,
there
was
no
Perjury
in
the
case
:
But
it
appears
,
thir
Assizers
were
of
the
Opinion
,
that
the
Indictment
or
Libel
alone
(
as
it
was
indeed
the
only
evidence
)
was
a
sufficient
proof
of
the
Earl
his
being
guilty
of
Perjury
.
And
indeed
for
any
other
Rule
or
Reason
that
occurs
,
They
might
as
well
have
sound
him
Guilty
of
the
Perjury
as
of
the
Treason
:
But
the
Assizers
that
were
Councellors
being
under
a
Particular
check
,
apprehending
they
might
be
found
perjured
themselves
,
if
they
had
not
acknowledged
the
hearing
of
the
words
,
that
all
others
present
could
have
attested
to
have
been
audibly
spoken
,
and
some
of
themselves
had
confessed
to
have
heard
,
before
they
knew
the
tenor
of
the
Libel
;
And
,
the
great
crime
of
Treason
being
sufficient
to
do
the
Job
,
it
is
like
they
judged
it
advisable
to
give
this
insignificant
absolution
from
Perjury
,
That
their
Verdict
of
Treason
might
have
the
greater
colour
,
and
shew
of
candor
,
and
sincerity
.
However
it
seems
to
be
without
measure
hard
to
be
prosecut
with
such
a
deadly
Dilemma
of
either
Treason
or
Perjury
,
for
you
see
,
in
their
account
,
if
the
Earl
swear
with
an
Explanation
,
his
Life
is
knockt
down
by
Treason
,
and
if
without
an
Explanation
,
his
Honour
,
which
is
dearer
to
him
then
his
Life
,
is
run
thorow
with
Perjury
.
But
,
to
compleat
a
fancie
beyond
bedlam
,
The
Advocate
urges
,
and
several
Assizers
agree
,
at
the
same
time
,
to
condemn
the
Earl
as
Perjured
,
for
not
Explaining
,
and
for
Treason
,
for
Explaining
:
Quis
talia
fando
?
In
the
next
place
,
the
Earl's
Papers
contain
some
thoughts
,
and
endeavours
,
to
remove
certain
mistakes
,
which
,
he
had
good
ground
to
beleeve
,
did
so
much
prompt
,
and
precipitat
the
Iudges
to
pronounce
so
important
a
sentence
against
him
,
upon
so
weak
and
sandy
foundations
,
and
which
were
indeed
either
meer
fancies
,
or
so
frivolous
that
though
they
were
true
they
could
never
excuse
them
before
men
,
far
less
exoner
them
before
God
Almighty
.
Where
,
laying
down
a
true
ground
,
that
nunquam
concluditur
in
criminalibus
,
&c.
and
withall
representing
,
how
his
Advocats
were
questioned
,
in
so
extraordinary
a
manner
,
for
signing
their
opinion
(
which
you
have
above
Num.
32.
Where
you
may
see
how
fair
,
just
,
and
safe
it
was
)
that
now
they
da●
no
more
plead
for
him
,
He
sayes
,
He
cannot
be
denyed
to
plead
for
himself
,
as
he
best
may
.
The
first
ground
of
mistake
then
that
he
was
to
represent
was
that
he
knew
it
had
been
told
them
,
it
was
very
much
His
Majesties
Interest
,
and
necessary
for
the
support
of
the
Government
,
to
devest
,
and
render
him
uncapable
of
publik
trust
:
Which
words
had
been
oft
said
,
and
said
to
himself
to
perswade
him
there
was
no
further
rigour
intended
:
But
as
he
is
very
confident
,
our
gracious
King
will
never
,
upon
any
such
pretence
,
allow
any
innocent
person
to
be
condemned
,
far
less
to
be
destroyed
,
in
a
picque
or
frolik
,
where
his
Majesty
can
reap
no
advantage
;
So
he
is
perswaded
,
His
Majesty
hath
no
design
to
render
him
miserable
,
far
less
to
cut
him
off
,
without
a
cause
.
And
therefor
concluds
,
it
is
only
his
misfortune
,
in
his
present
circumstances
,
never
having
access
to
,
nor
being
heard
by
His
Majesty
,
nor
the
case
perfectly
understood
by
him
,
that
hath
made
His
Majesty
give
so
much
as
way
to
a
process
to
be
raised
or
led
,
far
less
to
a
Sentence
to
be
pronounced
against
him
.
But
in
effect
,
as
this
affair
hath
been
managed
all
alongs
,
and
somany
engaged
,
in
so
extraordinary
wayes
,
to
act
,
and
write
against
him
,
first
and
last
,
nothing
should
appear
strange
or
surprising
:
However
,
as
their
own
consciences
,
and
God
Almighty
,
knows
how
they
have
been
brought
to
medle
,
and
act
,
as
they
have
done
,
So
,
one
day
or
other
,
the
world
may
likewise
know
it
:
A
second
ground
of
mistake
,
which
,
he
say's
may
impose
upon
them
,
is
a
confidence
of
his
Majesties
pardon
intended
for
him
,
a
pretence
only
given
out
to
render
the
condemnation
more
easy
;
yet
indeed
least
wished
for
by
those
who
where
readyest
to
spread
the
report
,
and
whereof
the
Earl
had
indeed
more
confidence
then
any
that
talked
of
it
,
if
His
Majesty
were
left
to
himself
,
and
had
the
Case
fully
,
and
truely
represented
to
him
:
but
as
His
Majesty
needs
not
this
false
occasion
to
make
his
clemency
appear
,
which
is
so
well
known
over
all
his
Dominions
,
by
far
more
true
and
genuine
discoveries
,
so
it
were
the
hight
of
injustice
in
their
Lordships
of
the
justitiary
to
proceed
to
sentence
against
him
,
upon
such
apprehensions
,
in
case
in
their
hearts
they
beleeve
him
innocent
(
as
he
certainly
knowes
they
doe
)
besids
,
they
cannot
but
see
,
their
acting
,
upon
so
unjust
a
ground
,
will
not
only
stain
their
names
,
and
memories
,
but
instead
of
alleviating
rather
aggravat
their
guilt
,
both
in
their
own
consciences
when
they
reflect
on
it
in
cold
blood
,
and
in
the
sight
of
God
Almighty
:
And
if
His
Majesty
,
on
importunity
and
a
third
application
,
should
give
way
to
execution
,
as
he
hath
already
given
way
,
first
to
the
process
,
and
then
to
the
sentence
;
or
if
(
as
some
may
design
)
execution
shall
be
adventured
on
,
without
the
formality
of
a
new
order
(
as
the
process
was
at
first
commenced
,
before
His
Majesties
return
,
and
so
is
not
impossible
)
would
not
their
Lordships
be
as
guilty
of
his
blood
as
if
they
had
cut
his
throat
?
And
in
effect
,
these
are
the
grounds
and
excuses
pretended
,
at
this
day
,
in
privat
,
by
such
of
his
Judges
,
for
their
procedour
,
who
are
not
yet
come
to
have
the
Confidence
,
at
all
Occasions
,
to
own
directly
what
they
have
done
.
A
third
reason
why
his
Exculpation
was
not
allowed
,
he
says
,
might
be
,
because
the
sustaining
of
it
might
have
brought
other
Explanations
above
board
,
and
discover
both
these
who
had
made
,
and
those
who
had
accepted
them
,
and
perhaps
not
have
left
their
own
bench
untoutched
.
But
as
this
Artifice
will
not
keep
up
the
Secret
;
And
as
this
way
of
shifting
is
neither
just
nor
equall
,
so
to
all
interested
it
is
the
meanest
of
Securities
;
For
His
Majesties
Advocate
hath
already
told
us
,
that
His
Majesties
Officers
can
never
wrong
him
:
And
although
the
Lords
and
He
should
conceal
what
others
had
done
,
it
might
make
themselves
more
guilty
,
But
not
prove
any
Exoneration
to
those
concerned
,
without
a
down-right
Remission
:
Whereas
it
is
manifest
,
that
if
their
Lordships
had
admitted
the
Earl's
Exculpation
,
upon
the
sure
and
evident
grounds
therein
contained
,
it
would
not
only
have
answered
the
Justice
of
his
case
but
vindicated
all
concerned
.
And
lastly
,
he
was
to
tell
them
,
that
possibly
they
might
be
inclined
to
go
on
,
because
they
were
already
so
far
engaged
as
they
knew
not
how
to
retreat
with
their
honour
:
but
,
as
there
can
be
no
true
honour
where
there
is
manifest
wrong
,
and
injustice
,
so
,
in
the
frail
and
fallible
condition
of
human
things
,
there
can
be
no
delusion
more
dangerous
,
and
pernicious
then
this
,
that
unum
scelus
est
alio
scelere
tegendum
.
And
here
,
the
Earl
thought
to
lay
before
them
,
very
plainly
and
pertinently
,
some
remarkable
and
excellent
Rules
,
whereby
L.
Chief
justice
Hales
,
a
renouned
judge
of
our
nighbour
nation
,
tells
he
did
govern
himself
,
in
all
criminal
cases
,
which
(
adds
the
Earl
)
if
they
took
a
due
impression
,
would
certainly
give
them
peace
,
and
joy
,
when
all
the
vain
considerations
that
now
amuse
will
avail
them
nothing
.
The
Rules
are
these
-
I.
Not
to
be
rigid
in
matters
purely
consciencions
,
where
all
the
harm
is
diversity
of
judgment
.
-
II.
That
Popular
,
or
Court
applause
,
or
distaste
,
have
no
influence
on
any
thing
is
to
be
done
,
in
point
of
distribution
of
justice
.
-
III.
In
a
criminal
case
,
if
it
be
a
measuring
cast
,
then
to
incline
to
mercie
and
acquital
.
-
IV.
In
criminal
things
,
that
consist
only
of
words
,
where
no
more
harm
ensues
,
moderation
is
then
no
injustice
.
-
V.
To
abhor
all
privat
solicitations
,
of
what
kynd
soever
,
and
by
whomsoever
.
-
VI.
In
maters
depending
,
not
to
be
solicitous
what
men
will
say
or
think
,
so
long
as
the
rule
of
justice
is
exactly
kept
.
-
VII
.
And
lastly
,
never
to
ingage
themselves
in
the
begining
of
a
cause
,
but
reserve
themselves
un-prejudged
,
till
the
whole
bussines
be
heard
.
Then
the
Earl
goes
on
,
and
makes
notes
,
for
additional
defences
,
reducible
to
these
heads
.
-
I.
The
absolute
innocence
of
his
Explication
,
in
its
true
,
and
genuine
meaning
,
from
all
crime
or
offence
,
far
more
from
the
horrible
crimes
libelled
.
-
II.
The
impertinency
,
and
absurdity
of
His
Majesties
Advocat's
arguings
,
for
inferring
the
crimes
libelled
from
the
Earl's
words
.
-
III.
The
reasonableness
of
the
Exculpation
.
-
IV.
The
Earl's
Answers
to
the
Advocat's
groundlesse
pretences
for
aggravating
of
his
case
.
As
to
the
first
,
the
Earl
,
waving
what
hath
been
said
,
from
common
reason
,
and
humanity
it self
,
and
from
the
whole
tenour
,
and
circumstances
of
his
life
,
comes
closs
to
the
point
by
offering
that
just
,
and
genuine
Explanation
of
his
Explication
which
you
have
above
Num.
21.
I
have
delayed
hitherto
to
take
the
Oath
appointed
by
the
Parliament
to
be
taken
,
betwixt
and
the
first
of
January
nixt
:
But
now
being
required
,
near
two
moneths
sooner
,
to
take
it
:
this
day
peremptorly
,
or
to
refuse
:
I
have
considered
the
Test
,
and
have
seen
several
objections
moved
against
it
,
especially
by
many
of
the
Orthodox
clergie
,
notwithstanding
whereof
,
I
have
endeavoured
to
satisfie
my self
with
a
just
explication
,
which
I
ha●e
offer
,
that
I
may
both
satisfie
my
Conscience
,
and
obey
Your
Highness
,
and
Your
Lordships
Commands
in
taking
the
Test
,
though
the
Act
of
Parliament
do
not
simply
command
the
thing
,
but
only
under
a
certification
,
which
I
could
easily
submit
to
,
if
it
were
with
Your
Highness
favour
,
and
might
be
without
offence
;
But
I
love
not
to
be
singular
:
and
I
am
very
desirous
to
give
obedience
in
this
and
every
thing
,
as
far
as
I
can
,
and
that
which
clears
me
is
that
I
am
confident
,
what
ever
any
man
may
think
or
say
to
the
prejudice
of
this
Oath
,
the
Parliament
never
intended
to
impose
contradictory
Oaths
,
and
because
their
sense
(
they
being
the
framers
and
imposers
)
is
the
true
sense
,
and
that
this
Test
,
enjoyned
,
is
of
no
privat
interpretation
,
nor
are
the
Kings
Statuts
to
be
Interpreted
,
but
as
they
bear
,
and
to
the
intent
they
are
made
,
therefore
I
think
no
man
,
that
is
no
privat
Person
,
can
Explain
it
for
another
,
to
amuse
or
trouble
him
with
(
It
may
be
)
mistaken
glosses
:
But
every
man
,
as
he
is
to
take
it
,
so
is
to
explain
it
,
For
himself
,
and
to
endeavour
to
understand
i●
,
notwithstanding
all
these
exceptions
,
in
the
Parliaments
which
is
its
true
,
and
genuine
sense
;
I
take
it
therefore
,
notwithstanding
any
scruple
made
by
any
,
As
far
as
it
is
consistent
with
it self
,
and
the
Protestant
Religion
,
which
is
wholly
in
the
Parliaments
sense
and
their
true
meaning
;
Which
(
being
present
)
.
I
am
sure
,
was
owned
by
all
to
be
the
securing
of
the
Protestant
Religion
,
founded
on
the
Word
of
God
,
and
contained
in
the
Confession
of
Faith
recorded
I.
6.
p.
1.
c.
4.
And
not
out
of
Scruple
as
if
any
thing
in
the
Test
did
import
the
contrair
:
But
to
clear
my self
from
Cavils
,
as
if
thereby
I
were
bound
up
further
then
the
true
meaning
of
the
Oath
;
I
doe
declare
that
by
that
part
of
the
Test
that
there
lyes
no
Oblgation
on
me
&c.
I
mean
not
to
bind
up
my self
in
my
station
,
and
in
a
lawfull
way
;
still
disclaiming
all
unlawfull
endeavours
,
To
wish
,
and
endeavour
any
alteration
,
I
think
,
According
to
my
conscience
,
to
the
advantage
of
Church
,
or
State
,
not
repugnant
to
the
Protestant
Religion
,
and
my
Loyalty
:
And
by
my
Loyalty
I
understand
no
other
thing
then
the
words
plainly
bear
,
to
wit
the
duty
and
allegiance
of
all
Loyal
Subjects
;
and
this
Explanation
I
understand
as
a
part
,
not
of
the
Test
or
Act
of
Parliament
,
but
as
a
qualifying
part
of
my
Oath
that
I
am
to
swear
,
and
with
it
I
am
willing
to
take
the
Test
,
if
your
Royall
Highness
and
your
Lordships
allow
me
.
Or
otherwise
,
in
submission
to
Your
Highness
and
the
Councils
pleasure
,
I
am
content
to
be
held
as
a
refuser
,
at
present
.
Which
Explanation
doth
manifestly
appear
to
be
so
just
,
and
true
,
without
violence
or
straining
,
so
clear
&
full
without
the
least
impertinency
,
so
notour
and
obvious
to
common
sense
,
without
any
Commentary
,
so
Loyal
,
and
honest
,
without
ambiguity
,
and
lastly
so
far
from
all
,
or
any
of
the
crimes
libelled
that
it
most
evidently
evinceth
that
the
words
thereby
explained
are
altogether
innocent
:
And
therefore
it
were
lost
time
to
use
any
arguments
to
enforce
it
.
Yet
seing
this
is
no
trial
of
wit
,
but
to
find
out
Common
sense
,
let
us
examine
the
Advocats
fantastical
paraphrase
,
upon
which
he
bottoms
all
the
alledged
crimes
,
and
see
whether
it
agrees
,
in
one
jot
,
with
the
true
and
right
meaning
of
the
Earl's
words
;
and
(
as
you
may
gather
from
the
indictment
)
It
is
plainly
thus
.
I
have
Considered
the
Test
;
which
ought
not
to
be
done
,
And
am
very
desirous
to
give
obedience
,
as
far
as
I
can
,
but
am
not
willing
to
give
full
obedience
;
I
am
confident
,
the
Parliament
never
intended
to
impose
contradictory
Oaths
;
that
is
,
I
am
confident
they
did
intend
to
impose
contradictory
Oaths
;
And
therefor
I
think
no
man
can
explain
it
but
for
himself
;
that
is
to
say
,
every
man
may
take
it
in
any
sense
he
pleases
to
devise
,
and
thereby
render
this
Law
,
and
also
all
other
Laws
,
though
not
at
all
concerned
in
this
affair
,
useless
:
And
so
make
himself
a
Legislator
,
and
usurp
the
supreme
Authority
:
And
I
take
it
,
in
so
far
as
it
is
consistent
with
it self
,
and
the
Protestant
Religion
,
whereby
I
suppose
that
it
is
not
at
all
consistent
with
either
;
nor
was
ever
intended
by
the
Parliament
it
should
be
consistent
:
And
I
declare
that
,
by
taking
this
Test
,
I
mean
not
to
bind
up
my self
,
in
my
station
,
and
in
a
lawfull
way
,
to
wish
,
or
endeavour
any
alteration
,
I
think
,
to
the
advantage
of
Church
,
or
State
,
not
repugnant
to
the
Protestant
Religion
,
and
my
Loyalty
:
Whereby
I
declare
my self
,
and
all
others
,
free
from
all
obligation
to
the
Government
,
either
of
Church
,
or
State
,
as
by
law
established
,
and
from
the
duty
,
and
Loyalty
of
good
Subjects
;
Resolving
of
my self
to
alter
all
the
Fundamentals
,
both
of
Law
,
and
Religion
,
as
I
shall
think
fit
:
And
this
I
understand
as
a
part
of
my
Oath
:
that
is
as
a
part
of
the
Act
of
Parliament
,
by
which
I
take
upon
me
,
and
usurp
the
Royal
Legislative
power
.
Which
sense
and
Explanation
as
it
consists
of
the
Advocat's
own
words
,
and
was
indeed
,
every
word
,
necessar
to
infer
these
horrible
crimes
contained
in
the
Indictment
,
So
,
to
speak
with
all
the
modesty
that
truth
will
allow
,
I
am
sure
,
it
is
so
violent
,
false
,
and
absurd
,
that
the
greatest
difficulty
must
be
to
beleeve
that
any
such
thing
was
alledged
,
far
more
receaved
,
and
sustained
in
Judgment
,
by
men
professing
only
Reason
,
far
less
Religion
.
But
thirdly
,
if
neither
the
Earl's
true
,
genuine
,
and
honest
sense
,
nor
this
violent
,
corrupt
,
and
false
sense
,
will
satisfy
,
let
us
try
what
transprosing
the
Earl's
Explanation
will
do
,
and
see
how
the
just
contrary
will
look
.
—
And
it
must
be
thus
.
I
Have
considered
the
Test
,
nor
am
I
at
all
desirous
to
give
Obedience
,
so
far
as
I
can
;
I
am
confident
the
Parliament
intended
to
impose
contradictory
Oaths
;
And
therefor
I
think
,
every
man
can
explain
it
for
others
,
as
well
as
for
himself
,
and
take
it
,
without
reconciling
it
,
either
to
it self
or
his
own
sense
of
it
:
And
I
doe
take
it
,
though
it
be
inconsistent
with
it self
,
and
the
Protestant
Religion
:
And
I
declare
,
that
I
mean
thereby
to
bind
up
my self
never
(
either
in
my
station
,
or
in
any
lawfull
way
whatsoever
)
to
wish
;
or
endeavour
,
in
the
least
,
any
alteration
,
tho
to
the
advantage
of
Church
,
or
State
,
and
tho
never
so
suitable
,
and
no
way
repugnant
,
to
the
Protestant
Religion
,
and
my
Loyalty
:
And
,
though
this
be
the
express
quality
of
my
swearing
,
yet
I
understand
it
to
be
no
part
of
my
Oath
.
Now
whether
this
contradictory
conversion
be
not
treason
or
highly
criminal
,
at
best
,
I
leave
all
the
World
to
Judge
;
and
to
make
both
s●●es
of
a
contradiction
,
that
is
both
the
Affirmative
and
Negative
of
the
same
proposition
,
treason
is
beyond
ordinary
Logik
.
Escobar
finds
two
contrary
wayes
may
both
be
probable
and
safe
wayes
to
go
to
heaven
but
neither
he
nor
the
Devil
himself
have
h●th●rto
adventured
to
declare
two
contradictory
propositions
both
damnable
,
and
either
of
them
a
just
cause
to
take
away
mens
Lives
,
Honours
,
and
Fortunes
.
But
where
the
disease
is
in
the
will
it
is
lost
Labour
to
apply
Remedies
to
the
understanding
;
and
must
not
this
be
indeed
either
the
oddest
treason
,
or
strangest
discovery
that
ever
was
hear'd
of
?
The
Bishop
of
Edinburgh
sees
it
not
,
witnesse
his
Vindication
saying
the
same
,
and
more
,
Nor
many
of
the
Orthodox
Clergie
,
witness
their
Explanations
,
Nor
his
Royall
Highness
,
in
privat
,
nor
at
first
in
Council
nor
all
the
Councellors
,
when
together
at
the
Council-board
,
Nor
the
President
of
the
Council
nor
the
then
President
of
the
Session
(
now
Chancellour
)
though
He
rose
from
his
seat
,
to
be
sure
to
hear
,
nor
any
of
the
most
learned
lawyers
,
witness
their
signed
Opinion
,
nor
the
most
learned
of
the
Judges
on
the
bench
,
nor
the
Generality
of
the
knowing
persons
,
either
in
Scotland
,
or
England
:
wonderfull
treason
one
day
seen
by
none
,
another
day
seen
by
so
many
!
A
stander-by
hearing
the
trial
,
and
the
Sentence
,
said
,
he
beleeved
the
Earl's
words
were
by
Popish
magik
transsubstantiat
,
for
he
saw
them
the
same
as
before
;
Another
answered
,
that
he
verily
thought
it
was
so
,
for
he
was
confident
,
none
could
see
Treason
in
the
words
that
would
not
,
when
ever
it
was
a
proper
time
,
readily
also
profess
his
beleefe
of
transubstantiation
,
but
he
beleeved
many
that
professed
both
beleeved
neither
.
The
second
Head
of
the
Earl's
additional
defences
contains
the
impertinencies
,
&
absurdities
of
the
Advocat's
Arguings
:
And
here
you
must
not
expect
any
solid
debate
,
For
as
there
is
no
disputing
with
those
that
deny
Principles
,
so
as
litle
with
those
who
heap
up
Phantastical
,
and
inconsequential
inferences
,
without
all
shadow
of
Reason
.
If
a
stone
be
thrown
though
it
may
do
hurt
,
yet
having
some
weight
it
may
be
thrown
back
,
with
equall
or
more
force
:
But
if
a
man
trig
up
a
feather
,
and
fling
it
,
It
is
in
vain
to
throw
it
back
,
and
the
more
strength
the
less
success
:
It
shall
therefor
serve
,
by
acurso●y
discourse
,
to
expose
his
arguments
,
which
are
in
effect
easier
answered
then
understood
;
and
,
without
any
serious
arguing
,
which
they
cannot
bear
,
rather
leave
him
to
be
wise
in
his
own
eyes
then
by
too
much
empty
talk
hazard
to
be
like
him
.
He
alledges
first
,
that
the
Earl
,
instead
of
taking
the
Test
in
its
plain
and
genuine
meaning
,
as
he
ought
,
doth
declare
against
,
and
defame
the
Act
that
enjoyned
it
,
which
is
certainly
a
great
crime
:
But
how
?
In
as
much
,
sayes
the
Advocate
,
as
he
tells
us
,
That
he
had
considered
the
Test
:
Which
I
have
indeed
hear'd
say
was
his
greatest
crime
,
and
that
he
ought
to
have
taken
it
,
with
a
profound
and
devout
ignorance
,
as
some
of
our
most
inventive
Politicians
boasted
they
had
done
.
But
the
Earl
sayes
,
that
he
was
desirous
to
give
obedience
,
as
far
as
he
could
;
whereby
,
sayes
the
Advcat
,
He
insinuats
that
he
was
not
able
to
give
full
obedience
.
This
is
not
the
meaning
;
but
what
if
it
were
,
and
that
indeed
he
coud
not
?
Have
not
thousands
given
no
obedience
yet
even
in
law
are
guiltlesse
?
And
ought
not
that
to
please
his
Highnesse
,
and
the
Council
,
that
is
accepted
of
God
Almighty
,
and
is
all
any
Mortal
can
perform
?
But
the
Earl
,
sayes
the
Advocate
,
Goes
on
,
that
he
was
confident
the
Parliament
never
intended
to
impose
contradictory
Oaths
;
whereby
,
sayes
the
Advocat
,
He
abuses
the
people
with
a
beleef
that
the
Parliament
did
intend
to
impose
such
.
Wonderfull
reasoning
!
All
men
know
that
Parliaments
neither
are
,
nor
pretend
to
be
infallible
:
And
in
our
present
case
,
hundreds
of
Loyall
subjects
complain
of
contradictions
,
and
inconsistencies
,
some
way
or
other
,
creept
into
this
Oath
;
And
even
the
Council
have
yeelded
,
so
far
,
to
their
Exceptions
,
as
to
make
an
alteration
upon
it
,
for
satisfying
those
scruples
,
far
beyond
any
thing
the
Earl
said
;
and
such
an
alteration
,
as
,
I
beleeve
,
few
dreamed
of
,
and
I
am
certain
,
none
durst
have
attempted
,
without
their
express
command
and
Authority
:
and
yet
,
in
the
midst
of
all
this
,
the
Farl's
charitable
,
and
honest
Opinion
,
in
behalf
of
the
Parliaments
good
intentions
,
must
be
perverted
to
a
direct
slander
.
But
,
the
Earl
sayes
That
every
man
must
explain
it
for
himself
;
And
so
,
no
doubt
,
he
must
,
if
the
Test
be
either
in
it self
,
or
in
his
apprehension
,
ambiguous
,
otherwise
how
can
he
swear
in
Iudgment
?
But
this
the
Advocate
will
have
to
be
a
mans
own
sense
,
and
thereupon
runs
out
,
That
Hereby
this
Law
,
and
Oath
,
and
all
Laws
,
and
Oaths
are
rendered
useless
,
and
to
no
purpose
:
And
further
the
legislative
Power
is
taken
from
the
Imposer
,
and
setled
in
the
Taker
of
the
Oath
,
Which
certainly
is
a
most
treasonable
presumption
.
But
first
,
although
there
be
no
Reason
to
strain
,
or
mistake
the
Expression
,
yet
the
Earl
did
not
say
,
That
every
man
must
take
the
Test
in
his
own
sense
.
II.
The
Council
hath
now
explained
the
Test
,
for
the
clergy
:
Might
not
then
the
Earl
,
before
their
Explanation
was
devised
,
say
,
by
the
Councils
allowance
,
which
he
had
,
That
he
might
explain
it
for
himself
?
For
if
an
ambiguous
proposition
,
(
the
Test
for
example
)
may
be
reconciled
to
it self
,
two
different
wayes
,
must
not
the
Taker
reconcile
it
,
as
in
his
own
sense
he
thinks
it
doth
best
agree
with
the
genuine
meaning
of
the
words
themselves
,
and
with
the
sense
,
he
conceaves
,
was
intended
by
the
Parliament
that
formed
it
;
especially
before
the
Parliament
emitt
their
own
Explanation
?
And
is
it
not
juster
to
do
it
so
then
in
any
other
mans
sense
,
which
he
thinks
agreesless
with
the
words
,
abeit
they
may
be
thought
by
others
to
be
reconciliable
another
way
?
III.
All
this
looks
like
designed
mistakes
and
traps
;
for
should
any
man
swear
,
unless
he
understand
?
And
where
an
Oath
is
granted
to
be
ambiguous
,
can
any
man
understand
,
unless
,
in
want
of
the
imposers
help
,
he
explain
it
for
himself
?
IV.
Was
ever
a
man's
Explaining
an
Oath
for
himself
,
before
taking
it
,
far
less
his
bare
saying
that
he
must
explain
it
,
before
he
take
it
,
alledged
to
be
,
The
overturning
of
all
Laws
,
and
Oaths
,
and
the
usurping
of
the
Legislative
power
,
and
making
of
new
Laws
?
certainly
to
offer
to
answer
such
things
were
to
disparage
common
Reason
.
And
lastly
this
is
strange
Doctrine
from
the
Advocate
,
who
himself
,
in
Council
,
did
allow
,
not
only
the
Earl
his
Explanation
,
but
that
Explanation
to
the
Clergie
,
contrary
,
as
appeares
by
their
Scruples
,
to
what
they
that
took
it
thought
either
the
Parliaments
design
or
the
plain
words
of
the
Test
could
bear
,
and
certainly
different
from
the
sense
many
had
already
taken
it
in
,
and
wherein
others
were
commanded
to
take
it
.
And
whatever
the
Advocate
may
cavil
to
insnare
the
Earl
,
sure
he
will
not
allow
that
by
his
explaining
this
Oath
he
himself
hath
taken
on
him
the
Legislative
power
of
the
Parliament
.
far
less
,
though
he
should
acknowledge
it
,
will
any
beleeve
that
he
hath
,
or
could
thereby
make
all
Laws
or
Oaths
useless
.
By
this
you
see
what
strange
stuffe
he
pleads
which
deserves
no
answer
.
But
,
sayes
the
Advocate
,
the
Earl
affirms
,
He
takes
the
Test
,
only
as
far
as
it
consists
with
it self
,
and
with
the
Protestant
Religion
,
by
which
he
most
maliciously
insinuats
that
it
is
inconsistent
with
both
.
But
,
first
this
only
is
not
the
Earl's
but
the
Advocat's
addition
.
2
ly
I
would
soberly
ask
the
Advocate
,
or
any
man
,
whether
the
Test
,
as
it
includs
the
Confession
in
general
,
and
consequently
all
contained
in
it
,
was
not
either
really
,
or
at
least
might
not
have
been
apprehended
to
be
inconsistent
with
it self
?
Else
what
was
the
use
or
sense
of
the
Councils
explanation
,
wherein
it
is
declared
,
that
men
doe
not
swear
to
every
proposition
of
the
Confession
,
but
only
to
the
Protestant
Religion
therein
contained
?
And
if
it
was
either
inconsistent
,
or
apprehended
to
be
so
,
how
could
the
Earl
,
or
any
honest
man
swear
it
in
other
terms
,
with
a
safe
Conscience
?
But
thirdly
.
If
Parliaments
be
fallible
,
and
this
Oath
,
as
being
ambiguous
,
needed
the
Councils
Explanation
to
clear
it
from
inconsistencies
,
must
the
Earl's
words
,
when
he
was
to
swear
,
that
he
took
it
in
so
far
as
it
was
consistent
,
be
in
this
case
understood
as
spoken
maliciously
,
and
with
a
criminal
intent
,
when
all
Sense
,
Reason
,
and
Religion
,
made
this
caution
his
duty
?
And
if
it
be
so
criminal
for
one
going
to
swear
to
suppose
a
possibility
of
inconsistencies
in
it
,
Is
it
not
manifestly
more
criminal
in
others
plainly
to
confess
,
and
grant
that
there
are
inconsistencies
in
it
,
after
they
have
swallowed
it
in
gross
,
without
any
explanation
whatsoever
?
But
,
sayes
the
Advocate
,
The
Earl
hath
invented
a
new
way
,
whereby
no
man
is
at
all
bound
to
the
Test
;
For
how
can
any
man
be
bound
,
if
he
will
obey
only
as
far
as
he
can
?
And
yet
,
it
will
be
hard
even
for
the
Advocate
,
tho
hesometimes
attempts
indeed
more
then
he
and
all
the
World
with
him
can
do
,
to
tell
how
a
man
can
obey
farther
:
and
I
am
sure
,
that
in
a
matter
of
this
kind
,
viz.
the
free
tender
of
an
Oath
,
all
discreet
men
will
Judge
the
Earl's
offer
both
frank
and
obliging
.
Then
he
asks
,
To
what
the
Earl
is
bound
,
if
he
be
bound
no
further
then
he
himself
can
obey
?
manifest
confusion
!
and
never
either
spoke
by
the
Earl
,
nor
at
all
pertinent
to
his
case
;
besides
he
freely
acknowledges
,
that
all
men
are
bound
to
more
then
they
can
do
)
or
so
far
as
the
Test
is
consistent
with
it self
,
and
the
Protestant
Religion
(
a
strange
doubting
or
!
yet
,
I
dare
say
,
imports
as
much
as
his
Majesty
expects
of
any
,
and
more
then
the
Advocate
will
ever
perform
)
But
,
sayes
the
Advocate
,
who
can
determine
to
what
the
Earl
is
bound
?
Which
sayes
plainly
,
that
either
the
Test
agrees
with
it self
,
and
the
Protestant
Religion
in
nothing
,
or
that
the
Protestant
Religion
is
nothing
,
Both
which
the
Earl
thinks
far
from
truth
.
But
the
Advocat's
reasoning
reflects
far
more
on
the
Councils
Explanation
,
where
it
is
plainly
said
,
That
the
Confession
is
not
sworn
to
in
the
Test
,
but
only
the
Protestant
Religion
contained
in
the
Confession
,
so
that
the
Protestant
Religion
indefinitly
is
that
which
is
said
to
be
sworn
to
:
Now
,
pray
,
is
it
not
much
worse
for
a
man
to
say
,
that
by
taking
the
Test
he
swears
only
to
the
Confession
as
it
contains
or
agrees
with
the
Protestant
Religion
(
which
is
in
effect
to
set
the
Protestant
Religion
at
variance
with
its
own
Confession
,
and
so
to
reproach
and
ranverse
the
standard
,
&
make
void
the
very
security
that
the
Parliament
intended
)
then
to
say
,
That
he
swears
the
Test
as
it
agrees
with
it self
&
the
Protestant
Religion
,
which
imports
no
such
insinuation
?
But
from
these
pleasant
Principles
He
jumps
in
to
this
Fantastik
Conclusion
,
That
therefore
it
cannot
be
denyed
but
the
Earl's
interpretation
destroyes
,
not
only
this
Act
,
but
all
Government
,
and
makes
every
mans
conscience
or
humour
the
Rule
of
his
obedience
.
But
first
,
as
to
the
whole
of
his
arguing
,
the
Earl
neither
invents
,
sayes
,
nor
does
any
thing
,
except
that
he
offered
his
Explanation
to
the
Council
,
which
they
likewise
accepted
.
2ly
.
What
mad
inferences
are
these
,
You
say
,
you
will
explain
this
Oath
for
your self
,
therefore
you
overturn
all
Government
,
and
what
not
?
Whereas
it
is
manifest
,
on
the
other
hand
,
that
if
the
Earl
apprehending
,
as
he
had
reason
,
the
Oath
to
be
ambiguous
,
and
in
some
things
inconsistent
,
had
taken
it
without
explaining
it
for
himself
,
or
respect
to
its
inconsistency
,
it
might
have
been
most
rationally
concluded
,
that
in
so
doing
he
was
both
impious
and
perjured
.
3ly
.
It
is
false
,
that
the
Earl
doth
make
his
Conscience
,
any
other
way
,
the
rule
of
his
obedience
,
then
as
all
honest
men
ought
to
do
:
That
is
,
as
they
say
,
To
be
Regula
regulata
,
in
conformity
to
the
undoubted
Regula
regulans
,
the
eternal
rules
of
truth
and
righteousness
,
as
is
manifest
by
his
plain
words
.
As
for
what
the
Advocate
insinuats
of
humour
insteed
of
Conscience
,
it
is
very
well
known
to
be
the
Ordinary
reproach
whereby
men
that
have
no
Conscience
endeavour
to
defame
it
in
others
.
But
the
Advocate
is
again
at
it
,
and
having
run
himself
out
of
all
consequences
,
he
insists
and
inculcats
,
that
the
Earl
hath
sworn
nothing
.
But
,
it
is
plain
that
to
swear
nothing
is
none
of
the
crimes
libelled
.
2ly
.
The
Earl
swears
positivly
to
the
Test
as
it
is
consistent
with
it self
and
the
Protestant
Religion
,
which
certainly
is
something
;
unless
the
Advocate
prove
,
as
he
insinuats
,
that
there
is
nothing
in
the
Test
consistent
with
either
.
And
3ly
.
if
the
Protestant
Religion
,
and
the
Earl
his
reference
to
it
be
nothing
,
then
is
not
only
the
Council
sadly
reproached
,
who
,
in
their
Explanation
,
declare
this
to
be
the
only
thing
sworn
to
,
in
the
first
part
of
the
Test
,
but
our
Religion
quite
subverted
,
as
far
as
this
Test
can
do
it
.
But
next
for
the
treason
,
the
Advocate
sayes
,
That
the
Earl
expresly
declares
,
he
means
not
by
the
Test
to
bind
up
himself
,
from
wishing
,
or
endeavouring
,
in
his
station
,
and
in
a
lawful
way
,
any
alteration
he
shall
think
for
the
advantage
of
Church
,
or
State
;
whereby
,
sayes
he
,
the
Earl
declares
himself
,
and
others
,
loosed
from
any
obligation
to
the
Government
,
and
from
the
duty
of
all
good
Subjects
,
and
that
they
may
make
what
alterations
they
please
.
A
direct
contrariety
,
insteed
of
a
just
consequence
;
as
if
to
be
tyed
to
Law
,
Religion
,
and
Loyalty
,
were
to
be
loosed
from
all
three
;
can
there
be
a
flatter
and
more
ridiculous
contradiction
?
Next
the
Advocate
pretends
to
found
upon
the
fundamental
Laws
of
this
,
and
all
nations
,
whereby
it
is
treason
for
any
man
to
make
any
alteration
he
thinks
fit
for
the
advantage
of
Church
or
State
.
But
first
,
The
Earl
is
not
,
nor
cannot
be
accused
of
so
much
as
wishing
,
much
less
endeavouring
or
making
any
alteration
,
either
in
Church
or
State
,
only
he
reserves
to
himself
the
same
freedom
,
for
wishing
,
which
he
had
before
his
Oath
,
and
that
all
that
have
taken
it
do
in
effect
say
they
still
retain
.
2ly
.
For
a
man
to
endeavour
,
in
his
station
and
in
a
lawful
way
,
such
alterations
in
Church
,
or
state
,
as
he
conceives
to
their
advantage
,
not
repugnant
to
Religion
,
and
Loyalty
,
is
so
far
from
being
treason
that
it
is
the
duty
of
every
subject
,
and
the
Sworn
duty
of
all
His
Majesties
Councellors
,
and
of
all
Members
of
Parliament
:
But
the
Advocate
by
fancying
,
and
misapplying
Laws
of
Nations
,
wresting
Acts
of
Parliaments
,
adding
,
taking
away
,
chopping
and
changing
words
,
thinks
to
conclude
what
he
pleases
.
And
thus
he
proceeds
,
That
the
treason
of
making
alterations
is
not
taken
off
by
such
qualifications
,
of
making
them
in
a
lawful
way
,
in
ones
station
,
to
the
advantage
of
Church
,
or
State
,
and
not
repugnant
to
Religion
or
Loyalty
.
But
how
then
?
Here
is
a
strange
matter
!
Hundreds
of
alterations
have
been
made
,
within
these
few
years
,
in
our
Government
,
&
in
very
material
points
,
&
the
Kings
best
Subjects
,
and
greatest
Favourits
,
have
both
endeavoured
,
and
effectuat
them
:
And
yet
,
because
the
things
were
done
according
to
the
Earl's
qualifications
,
insteed
of
being
accounted
treason
they
have
been
highly
commended
&
rewarded
.
The
Treasury
hath
been
sometimes
in
the
hands
of
a
Treasurer
,
sometimes
put
into
a
Commission
,
backward
and
forward
:
And
the
Senators
of
the
Colledge
of
Iustice
(
the
right
of
whose
places
was
thought
to
be
founded
on
an
Act
of
Parliament
giving
His
Majestie
the
Prerogative
onely
of
presenting
)
are
now
commissioned
by
a
Patent
under
the
great
Seal
,
both
which
are
considerable
alterations
in
the
Government
,
which
some
have
opposed
,
others
have
wished
and
endeavoured
,
and
yet
without
all
fear
of
treason
,
on
either
hand
;
only
because
they
acted
according
to
these
qualifications
,
in
a
lawful
way
,
and
not
repugnant
to
Religion
and
Loyalty
.
But
that
which
the
Advocate
wilfully
mistakes
(
for
it
is
impossible
he
could
do
it
ignorantly
)
is
,
that
he
will
have
the
endeavouring
of
alteractions
in
general
not
to
be
of
it self
a
thing
indifferent
,
&
only
determinable
to
be
good
or
evil
by
its
qualifications
(
as
all
men
see
it
plainly
to
be
)
but
to
be
,
forsooth
,
in
this
very
generality
intrinsecally
evil
;
a
notion
never
to
be
admitted
on
earth
,
in
the
frail
and
fallible
condition
of
human
affairs
.
And
then
he
would
establish
this
wise
Position
by
an
example
he
adduces
,
That
rising
in
arms
against
the
King
(
for
so
sure
he
means
,
it
being
otherwise
certain
that
rising
in
arms
in
general
is
also
a
thing
indifferent
,
and
plainly
determinable
to
be
either
good
or
evil
as
done
with
or
against
the
Kings
Authority
)
is
treason
,
and
sayes
,
If
the
Earl
had
reserved
to
himself
a
liberty
to
rise
in
arms
against
the
King
,
though
he
had
added
in
a
lawful
manner
,
yet
it
would
not
have
availed
,
because
,
(
and
he
sayes
well
)
This
being
in
it self
unlawful
the
qualifications
had
been
but
shamms
and
contrariae
facto
.
But
why
then
doth
not
his
own
reason
convince
him
,
●here
the
difference
lyes
?
viz.
That
rising
in
arms
against
the
King
is
in
itself
unlawful
,
whereas
endeavouring
alterations
is
only
lawful
,
or
unlawful
,
as
it
is
qualified
;
and
,
if
qualified
in
the
Earl's
Terms
,
can
never
be
unlawful
.
But
,
sayes
the
Advocate
,
The
Earl
declares
himself
free
to
make
all
alterations
,
and
so
he
would
make
men
beleeve
that
the
Earl
is
for
making
All
or
Any
,
without
any
reserve
,
whereas
the
Earl's
words
are
most
express
,
that
he
is
,
Neither
for
making
all
or
any
,
but
only
for
wishing
and
endeavouring
for
such
as
are
good
,
and
lawful
,
and
in
a
lawful
way
,
which
no
man
can
disown
,
without
denying
common
reason
,
nor
no
sworn
Councellour
disclaime
,
without
manifest
perjury
.
But
the
Advocat's
last
conceit
is
,
That
the
Earl's
restriction
is
not
as
the
King
shall
think
fitt
,
or
as
is
consistent
with
the
Law
,
but
that
himself
is
still
to
be
judge
of
this
,
and
his
Loyalty
to
be
the
standard
.
But
first
,
The
Earl's
restriction
is
expresly
according
to
Loyalty
,
which
in
good
sense
is
the
same
with
according
to
Law
,
and
the
very
thing
that
the
King
is
ever
supposed
to
think
.
Secondly
,
as
neither
the
Advocate
,
nor
any
other
,
hitherto
,
have
had
reason
to
distinguish
the
exercise
,
and
actings
of
the
Earl's
Loyalty
from
those
of
His
Majesties
best
Subjects
,
so
is
it
not
a
marvellous
thing
that
the
Advocate
should
prosesse
to
think
(
for
in
reality
he
cannot
think
it
)
the
Earl's
words
,
His
Loyalty
,
which
all
men
see
to
to
be
the
same
with
his
duty
,
and
sidelity
,
or
what
else
can
bind
him
to
his
Prince
,
capable
of
any
quible
,
farr
more
to
be
a
ground
of
so
horrid
an
accusation
?
And
whereas
the
Advocate
sayes
,
The
Earl
is
still
to
be
judge
of
this
;
It
is
but
an
insipid
calumny
,
it
being
as
plain
as
any
thing
can
be
that
the
Earl
doth
nowise
design
His
thinking
to
be
the
rule
of
right
,
and
wrong
,
but
only
mentions
it
as
the
necessary
application
of
these
excellent
,
and
unerring
rules
of
Religion
,
Law
,
and
Reason
,
to
which
he
plainly
resers
,
and
subjects
,
both
his
thinking
and
himself
,
to
be
judged
accordingly
.
By
which
it
is
evident
,
that
the
Earl's
restriction
is
rather
better
,
and
more
dutyful
then
that
which
the
Advocate
seems
to
desiderat
:
And
,
if
the
Earl's
restrictions
had
not
been
full
eneugh
,
it
was
the
Advocat's
part
,
before
administrating
the
Oath
,
to
have
craved
what
more
he
thought
necessary
,
which
the
Earl
,
in
the
case
,
would
not
have
refused
.
But
it
is
beleeved
,
the
Advocate
can
yet
hardly
propose
restrictions
more
full
and
suitable
to
duty
then
the
fore-mentioned
of
Religion
,
Law
,
and
Reason
,
which
the
Earl
did
of
himself
profer
.
As
for
what
His
Majesties
Advocate
add's
,
That
under
such
professions
,
and
reserves
,
the
late
Rebellions
,
and
disorders
,
have
all
been
carried
on
,
and
fomented
;
It
is
but
meer
vapour
;
for
,
no
rebellion
ever
was
,
or
can
be
,
without
a
breach
of
one
,
or
other
of
the
Earl's
Qualifications
;
which
doth
sufficiently
vindicat
that
part
of
the
Earl's
Explanation
.
The
Advocate
insists
much
,
that
Any
is
equivalent
to
All
;
and
that
All
comprehends
Every
particular
under
it
;
which
he
would
have
to
be
the
deadly
poyson
in
the
Earl's
words
:
And
yet
the
Earl
may
defy
him
,
and
all
his
detracters
,
to
find
out
a
case
of
the
least
undutifulness
,
much
less
of
rebellion
,
that
a
man
can
be
guilty
of
,
while
he
keeps
within
the
excellent
Rules
,
and
limitations
,
wherewith
his
words
are
cautioned
.
I
could
tell
you
further
,
that
so
imaginary
,
or
rather
extravagant
,
and
ridiculous
is
this
pretended
Treason
that
there
is
not
a
person
in
Scotland
,
either
of
these
who
have
refused
,
or
who
by
the
Act
are
not
called
to
take
the
Test
,
that
may
not
upon
the
same
ground
and
words
be
impeach't
,
viz.
That
they
are
not
bound
(
and
so
without
doubt
both
may
and
do
sa●
it
)
by
the
Test
,
in
their
station
,
&c.
to
wish
and
endeavour
any
alteration
,
&c.
Nay
I
desire
the
Advocate
to
produce
the
man
,
among
those
that
have
taken
the
Test
,
that
will
affirm
,
that
by
taking
it
he
hath
bound
up
himself
never
to
wish
or
endeavour
any
alteration
,
&c.
according
to
the
Earl's
Qualifications
,
and
I
shall
name
hundreds
(
to
Whom
his
Highness
,
as
you
have
heard
,
may
be
added
)
that
will
say
they
are
not
bound
up
.
So
that
by
this
conclusion
,
if
it
were
yeelded
,
all
Scotland
are
equally
guilty
of
treason
,
the
Advocate
himself
,
to
say
nothing
of
His
Royal
Highness
,
not
excepted
:
Or
if
he
still
think
he
is
,
I
wish
he
would
testify
under
his
hand
to
the
World
,
that
,
by
his
Oath
he
is
bound
up
never
to
wish
,
nor
endeavour
any
alteration
he
thinks
to
the
advantage
of
Church
or
State
.
in
a
lawful
way
,
nor
in
his
station
,
though
neither
repugnant
to
the
Protestant
Religion
,
nor
his
Loyalty
.
And
if
this
he
do
,
he
does
as
a
man
,
if
not
of
sense
,
at
least
of
honour
;
but
if
not
,
I
leave
a
blank
for
his
Epithets
.
But
that
you
may
see
that
this
whole
affair
is
a
deep
Mystery
,
Pray
,
notice
what
is
objected
against
the
last
part
of
the
Explanation
.
This
I
understand
as
a
part
of
my
Oath
.
Which
,
sayes
the
Advocate
,
Is
a
treasonable
invasion
upon
the
Royal
Legislative
power
,
as
if
the
Earl
could
make
to
himself
an
Act
of
Parliament
,
since
he
who
can
make
any
part
of
an
Act
may
make
the
whole
.
And
then
,
say
I
,
farewell
all
Takers
of
the
Test
with
an
Explanation
,
whether
the
Orthodox
clergy
,
or
Earl
Queensberry
(
tho
himself
Justice
generall
)
who
were
allowed
by
the
Council
so
to
do
:
seing
that
whether
they
hold
their
Explanation
for
a
part
of
their
Oath
or
not
yet
others
may
,
and
in
effect
all
men
of
sense
doe
understand
it
so
:
and
thus
,
in
the
Advocat's
Opinion
,
they
have
treasonably
invaded
the
Legislative
power
,
and
made
an
Act
of
Parliament
to
themselves
:
Neither
,
in
that
case
,
can
the
Councils
allowance
excuse
them
,
seing
not
only
the
Earl
had
it
,
as
well
as
they
,
but
even
the
Council
it self
cannot
make
an
Act
of
Parliament
,
either
for
themselves
,
or
others
.
But
Sir
,
I
protest
,
I
am
both
ashamed
,
and
wearied
of
this
trifling
;
And
therefore
to
shut
up
this
Head
,
I
shall
only
give
a
few
remarks
.
First
,
you
may
see
,
by
the
Acts
of
Parliament
upon
which
the
Advocate
sounds
his
indictment
,
that
as
to
Leasing-making
and
depraving
Laws
,
all
of
them
run
in
these
plain
,
and
sensible
terms
;
The
inventing
of
narrations
,
the
making
,
and
telling
of
lyes
,
the
uttering
of
wicked
,
and
untrue
calumnies
,
to
the
slander
of
King
,
and
Government
,
the
depraving
of
his
Laws
,
and
misconstruing
his
proceedings
,
to
the
engendering
of
discord
,
moving
and
raising
of
hatred
,
and
dislike
betwixt
the
King
and
his
People
.
And
,
as
to
treason
,
in
these
yet
more
positive
terms
;
That
none
impugne
the
dignity
and
authority
of
the
three
Estats
,
or
seek
,
or
procure
the
innovation
,
or
diminution
thereof
.
Which
are
things
so
palpbale
,
and
easily
discerned
,
and
withall
so
infinitly
remote
both
from
the
Earl's
words
and
intentions
,
or
any
tolerable
construction
can
be
put
on
either
,
that
I
confess
,
I
never
read
this
indictment
but
I
was
made
to
wonder
that
its
forget
and
maker
was
not
in
looking
on
it
deterred
by
the
just
apprehensions
he
might
have
not
only
to
be
sometime
accused
as
a
manifest
depraver
of
all
Law
but
to
be
for
ever
accounted
a
gross
,
and
most
disingenuous
perverter
of
common
sense
.
The
Earl's
words
are
sober
,
respectful
,
and
duty
fully
spoken
,
for
the
exoneration
of
his
own
Conscience
,
without
the
least
insinuation
of
either
reflection
or
slander
.
much
less
the
impugning
of
the
Authority
of
Parliament
,
as
the
Earl
may
appeal
not
only
to
his
Majesties
true
and
Royal
sense
,
but
to
the
most
scrupulous
,
and
nyce
affecters
of
the
exactest
discerning
,
besids
that
they
were
first
formally
tendered
in
Council
,
for
their
approbation
,
and
by
them
directly
allowed
;
How
then
can
any
man
think
,
that
they
could
be
charged
with
the
greatest
and
vilest
of
crimes
,
Leasing-making
,
depraving
,
perjury
,
and
treason
?
But
the
Advocate
tells
us
,
That
there
are
some
things
which
the
law
commonly
forbids
in
general
,
and
that
some
inferences
are
as
natural
,
and
strong
,
and
reproach
as
soon
or
sooner
then
the
plainest
defamations
.
But
what
of
all
this
?
Must
therefore
such
generalls
be
left
to
the
phantastik
application
of
every
wild
imagination
,
to
the
confounding
of
the
use
of
speach
,
and
subverting
of
of
humane
Society
,
and
not
rather
be
still
submitted
to
the
Judgement
of
common
sense
,
for
their
true
and
right
understanding
,
and
the
deducing
thence
these
strong
and
natural
inferences
talk't
of
?
Of
which
good
sense
if
the
Advocate
do
but
allow
a
grain
weight
,
it
is
evident
that
the
inferences
he
here
libells
against
the
Earl
must
infallibly
be
cast
,
and
by
all
rational
unbyassed
men
be
found
strange
,
unnaturall
,
and
monstrous
.
For
Sr
2ly
,
pray
,
observe
these
rational
,
and
sound
Maxims
he
sounds
his
inferences
on
,
and
they
are
manifestly
these
.
First
,
That
he
who
sayes
he
will
onely
obey
as
far
as
he
can
invents
a
new
way
whereby
no
man
is
at
all
bound
to
obey
.
2ly
,
That
he
who
in
the
midst
of
hundreds
of
exceptions
,
and
contradictions
objected
against
on
Oath
,
injoyned
by
Act
of
Parliament
,
and
still
unanswered
,
sayes
,
that
he
is
confident
the
Parliament
never
intended
to
impose
contradictory
Oaths
,
reproaches
the
Parliament
.
3ly
.
That
he
that
sayes
he
must
explain
an
ambiguous
Oath
for
himself
,
before
he
take
it
,
renders
all
Laws
,
and
Oaths
useless
and
makes
himself
the
Legislator
.
4ly
,
That
he
that
sayes
that
he
takes
this
Oath
,
as
far
as
it
is
consistent
with
it self
,
and
the
Protestant
Religion
,
swears
nothing
.
5ly
,
That
he
that
declars
himself
not
tyed
up
by
the
Test
from
endeavouring
,
in
a
lawful
way
,
such
alterations
as
he
thinks
to
the
advantage
of
Church
,
and
State
,
consistent
with
Religion
,
and
Loyalty
,
declares
himself
,
and
all
others
,
loosed
from
the
Government
,
and
all
duty
to
it
,
and
free
to
make
any
,
and
all
alterations
that
he
pleases
.
And
6ly
That
he
that
takes
the
Test
with
an
explanation
,
and
holds
it
to
be
a
part
of
his
Oath
,
invads
the
Legislative
power
,
and
makes
Acts
of
Parliament
.
Upon
which
rare
,
and
excellent
propositions
,
I
dar
say
,
The
Earl
is
content
,
according
to
the
best
Judgment
,
that
you
,
and
all
unbyassed
men
,
can
make
either
of
their
truth
,
or
of
my
ingenuity
in
excerping
them
,
to
be
adjudged
guilty
or
not
guilty
,
without
the
least
fear
,
or
apprehension
of
the
issue
.
And
in
the
third
and
last
place
,
I
shall
only
intreat
you
to
try
how
the
Advocat's
reasoning
will
proceed
in
other
cases
,
and
what
brave
work
may
be
wrought
by
so
usefull
a
tool
.
Suppose
then
a
man
refuse
the
Test
simply
,
or
falls
into
any
other
kind
of
non-conformity
,
either
civil
,
or
Ecclesiastik
,
or
pay's
not
the
Kings
custom
,
or
other
dues
,
or
lastly
understands
an
Act
otherwise
then
the
Advocate
thinks
he
should
,
is
not
his
Indictement
already
formed
,
and
his
process
as
good
as
made
?
viz.
That
he
reguards
not
the
Law
,
that
he
thinks
it
is
unjustly
,
or
foolishly
enacted
,
that
he
will
only
obey
as
far
as
he
can
,
and
as
he
pleases
,
and
thereby
renders
all
Laws
useless
,
and
so
reproaches
the
King
and
Parliament
,
and
impugns
their
Authority
,
and
assumes
to
himself
the
Legislative
power
,
and
therefore
is
guilty
of
Leasing-making
,
depraving
his
Majesties
Laws
,
and
of
treason
;
of
which
crimes
above
mentioned
or
one
or
other
of
them
,
he
is
actor
art
and
part
:
Which
being
found
by
an
Assize
,
he
ought
to
be
punished
,
with
the
pains
of
death
,
forfaulture
and
escheat
of
lands
and
goods
,
to
the
terror
of
others
to
doe
or
commit
the
like
hereafter
.
And
,
if
there
be
found
a
convenient
Judge
,
the
poor
man
is
undoubtedly
lost
.
But
,
Sir
,
having
drawn
this
parallel
,
rather
to
retrive
the
Earl's
case
,
then
to
make
it
a
precedent
,
which
,
I
hope
,
it
shall
never
be
,
and
choosing
rather
to
leave
the
Advocate
then
follow
him
in
his
follies
,
I
forbear
to
urge
it
further
.
These
things
considered
,
must
it
not
appear
strange
,
beyond
expression
,
how
the
Earl's
Explanation
,
such
as
it
is
,
did
fall
under
such
enormous
and
grievous
misconstructions
:
For
,
setting
aside
the
Councils
allowance
,
and
approbation
,
(
which
comes
to
be
considered
under
the
next
head
)
suppose
the
Earl
,
or
any
other
person
,
called
before
the
Council
,
and
there
required
to
take
the
Test
,
had
,
in
all
due
humility
,
said
,
either
that
he
could
not
at
all
take
it
,
or
,
at
least
not
without
an
Explanation
;
because
the
Test
did
contain
such
things
as
,
not
only
he
,
but
many
other
,
and
those
the
best
of
the
Loyal
and
Orthodox
Clergy
,
did
apprehend
to
be
contradictions
,
and
inconsistencies
:
And
thereupon
had
proponed
one
or
two
such
as
the
Papers
above
set
down
do
plainly
eneugh
hold
out
,
and
the
Bishop
in
his
Explanation
rather
evades
then
answers
;
would
it
not
be
hard
,
beyond
all
the
measures
of
equity
,
and
charity
,
to
look
upon
this
as
a
designed
reflection
,
far
more
a
malicious
and
wicked
slander
and
the
blackest
treason
?
We
see
the
Act
of
Parliament
doth
not
absolutly
injoyn
the
taking
of
the
Test
,
but
only
proposeth
it
to
such
as
are
intrusted
in
the
Government
,
with
the
ordinary
certification
,
either
of
losing
,
or
holding
their
Trusts
,
at
their
option
.
We
know
also
,
that
,
in
cases
of
this
nature
,
it
is
far
more
suitable
both
to
our
christian
liberty
,
and
the
respect
we
ow
to
a
christian
Magistrat
,
to
give
a
reason
of
our
consciencious
non-complyance
,
with
meekness
,
and
fear
,
then
,
by
a
mute
compearance
,
to
fall
under
the
censure
of
a
stubborn
obstinacy
.
And
lastly
,
it
is
certain
,
and
may
safely
be
affirmed
,
without
the
least
reproach
,
that
Parliaments
are
not
infallible
,
as
witness
the
frequent
changes
,
and
abrogations
of
their
own
Acts
,
and
their
altering
of
Oaths
imposed
by
themselves
,
and
even
of
this
Oath
,
after
it
was
presented
,
which
the
Earl
was
not
for
altering
,
so
much
as
it
was
done
,
as
I
told
you
before
:
How
then
can
it
be
that
the
Earl
appearing
befor
a
christian
Council
,
and
there
declaring
in
terms
,
at
the
worst
a
litle
obscure
,
because
too
tender
,
&
modest
,
his
Scruples
at
an
Oath
presented
to
him
,
either
to
be
freely
taken
,
or
refused
,
should
fall
under
any
censure
?
If
the
Earl
had
,
in
this
occasion
,
said
,
he
could
not
take
the
Test.
unless
liberty
were
given
him
first
to
explain
himself
,
as
to
some
contradictions
,
&
inconsistencies
,
which
he
conceaved
to
be
in
it
,
though
he
had
said
far
more
then
is
contained
in
his
contraverted
Explanation
,
yet
he
had
said
nothing
but
what
Christian
liberty
hath
often
freely
allowed
,
and
christian
charity
would
readily
construe
for
an
honest
expression
of
a
commendable
tenderness
,
without
any
imputation
of
reproach
against
either
King
or
Parliament
.
How
much
more
then
is
his
part
clear
and
innocent
,
when
,
albeit
so
many
thought
the
contradictions
to
be
undeniable
,
yet
such
was
his
well
tempered
respect
,
both
to
God
,
and
man
,
to
his
own
conscience
,
and
his
Majesties
Authority
,
that
before
,
and
not
after
,
the
taking
of
this
Oath
,
to
clear
himself
(
in
the
midst
of
the
many
exceptions
,
and
scruples
raised
)
of
all
ambiguities
in
swearing
,
he
first
applies
himself
,
for
a
satisfying
Explanation
,
to
the
Parliament
,
the
prime
imposers
,
their
true
intentions
and
genuine
meaning
,
and
then
gathering
it
,
very
rationally
,
from
the
Oaths
consistency
with
it self
,
and
with
the
Protestant
Religion
,
the
Parliaments
aim
and
scope
,
and
so
asserting
the
King
and
Parliaments
truth
,
and
honour
,
he
places
the
reliefe
,
and
quiet
of
his
own
Conscience
in
his
taking
the
Test
with
this
Explanation
,
and
in
declaring
its
congruity
with
his
Oath
,
and
duty
of
Allegiance
.
The
third
Head
of
the
Earl's
additional
defences
is
the
further
clearing
,
and
improving
of
his
grounds
of
Exculpation
,
above
adduced
,
and
repelled
:
Which
were
,
first
,
that
,
before
the
Earl
did
offer
his
Explanation
to
the
Council
,
a
great
many
Papers
were
spread
abroad
,
by
some
of
the
Orthodox
Clergy
,
charging
the
Test
with
contradictions
&
inconsistencies
.
2ly
.
That
there
was
a
paper
penned
by
a
reverend
Bishop
,
and
presented
and
read
in
Council
,
and
by
them
allowed
to
be
printed
,
which
did
contain
the
same
,
and
far
more
important
things
then
any
can
be
found
in
the
Earl's
Explanation
:
And
consequently
,
far
more
obnoxious
to
all
His
Majesties
Advocat's
accusations
.
3ly
.
That
the
Explanation
upon
which
he
was
indicted
was
publikly
by
himself
declared
in
Council
,
and
by
the
Council
allowed
,
so
that
the
Oath
was
administrat
to
him
,
and
he
received
to
sit
in
Council
and
vote
,
by
His
Highness
,
and
the
rest
of
the
Members
,
with
and
under
this
express
qualification
.
But
,
to
all
urged
for
the
Earl's
Exculpation
the
Advocate
makes
one
short
answer
,
viz.
That
if
the
Earl's
paper
did
infer
the
crimes
charged
on
it
,
a
thousand
the
like
offences
cannot
excuse
it
:
And
his
Majesty
is
free
to
pursue
the
offenders
,
when
,
and
in
what
Order
,
he
thinks
fit
:
which
answer
doth
indeed
leave
the
Council
,
and
all
concerned
,
in
his
Majesties
mercy
:
But
that
it
doth
no
way
satisfie
the
Earl's
plea
is
manifest
:
For
,
the
first
ground
of
Exculpation
,
viz.
that
before
the
Earl
did
offer
his
Explanation
a
great
many
papers
,
writ
by
the
Orthodox
Clergy
,
and
others
,
were
abroad
,
charging
the
Test
with
Contradictions
,
&c.
was
not
alledged
by
the
Earl
merely
to
justify
his
Explanation
by
the
multitude
of
the
like
papers
,
and
so
to
provide
for
an
escape
in
the
croud
:
But
,
the
Earl
having
most
rationally
pleaded
,
that
his
Explanation
was
given
in
by
him
,
after
these
many
Scruples
and
Objections
raised
by
others
were
abroad
,
it
was
a
good
Plea
,
from
a
most
pregnant
circumstance
,
clearing
,
both
the
design
,
and
sense
of
his
words
,
from
the
soul
aspersions
of
reproaching
,
and
depraving
,
thrown
upon
them
:
Seing
the
words
spoken
by
him
under
the
motive
of
such
a
circumstance
,
by
all
fair
rules
of
interpretation
,
insteed
of
being
judged
misconstrueing
and
depraving
,
could
only
be
understood
as
a
seasonable
asserting
of
the
integrity
of
the
Parliaments
intentions
,
and
the
uprightness
of
the
Earl's
Conscience
:
which
argument
being
in
reason
unanswerable
,
it
necessarly
follows
that
the
Advocat's
return
to
the
first
ground
:
was
neither
sufficient
nor
pertinent
,
and
that
therefore
the
Exculpation
was
unjustly
repelled
.
But
next
,
the
second
ground
of
Exculpation
is
so
far
from
being
answered
by
the
Advocate
that
it
does
not
appear
it
was
so
much
as
understood
;
For
,
the
Earl's
argument
being
,
That
words
allowed
&
approven
by
the
Council
can
never
fall
under
the
accusation
,
either
of
Leasing-making
,
or
slandering
his
Majeslies
proceedings
,
or
depraving
Laws
,
and
Acts
of
Parliament
,
as
is
evident
in
it self
,
and
granted
by
the
Advocate
,
where
he
say's
that
an
Explanation
,
though
reflecting
on
the
King
,
and
Goverment
(
which
the
Earl's
was
not
)
yet
if
allowed
by
the
Council
,
is
to
be
sustained
.
But
so
it
is
that
the
Council
hath
allowed
the
words
contained
in
this
Explanation
contraverted
,
both
in
themselves
,
and
also
in
their
equivalent
,
and
far
more
important
expressions
:
As
for
instance
,
not
only
by
accepting
the
Earl's
Explanation
(
as
shall
be
cleared
in
the
next
place
)
but
by
giving
warrand
for
the
publication
of
the
Bishop
of
Edinburgh
his
Vindication
,
wherein
,
First
,
for
obviating
the
contradictions
objected
from
the
Confession
of
Faith
,
he
positively
asserts
,
that
by
the
Test
men
do
not
swear
to
own
every
Article
of
that
Confession
;
and
yet
the
Test
binds
expresly
to
beleeve
that
Confession
to
be
founded
on
and
agreable
to
the
Word
of
God
,
and
never
to
consent
to
any
alteration
contrary
thereto
,
or
inconsistent
therewith
:
So
that
he
gives
both
the
Test
and
the
Parliament
the
Lye
.
And
then
,
for
removing
another
Scruple
,
he
tells
us
,
that
By
the
Test
men
are
not
bound
up
from
regular
endeavours
to
rectify
or
better
the
established
government
,
both
of
Church
,
and
State
,
which
is
clearly
the
same
thing
,
(
but
not
so
well
cautioned
)
with
that
which
in
the
Earl's
case
is
made
a
ground
of
treason
:
From
which
it
unquestionably
followes
,
that
the
Earl's
words
,
having
been
allowed
,
and
approven
by
the
Council
,
could
never
,
in
Law
,
or
reason
,
be
thereafter
made
a
ground
of
accusation
,
by
any
,
much
less
by
themselves
.
Now
I
desire
to
know
where
the
Advocate
,
in
all
his
Plea
,
doth
so
much
as
notice
,
far
less
answer
,
this
defence
,
or
what
his
telling
us
,
A
thousand
offences
of
the
like
nature
doth
not
excuse
one
,
either
doth
,
or
can
signify
?
seeing
this
argument
for
the
Farl
,
insteed
of
pleading
excuses
,
doth
justify
the
matter
,
and
for
ever
purge
all
shadow
of
offence
or
ground
of
quarrel
,
which
will
be
yet
more
apparent
,
when
you
shall
adde
to
this
the
third
ground
of
the
Earl's
exculpation
,
viz.
That
the
explanation
,
whereupon
the
Earl
was
indicted
,
was
publikly
by
himself
declared
in
Council
,
and
by
the
Council
allowed
and
accepted
:
In
so
much
as
,
after
he
had
given
his
Explanation
as
the
sense
wherein
he
was
free
to
swear
the
Test
,
the
Oath
was
thereupon
administrat
to
him
,
and
he
received
to
sit
,
and
vote
as
a
Councellour
.
Whereby
it
is
evident
,
That
,
by
this
allowance
,
and
acceptance
,
the
Earl's
Explanation
became
the
Councils
,
as
much
as
if
,
after
the
Earl's
pronouncing
the
words
,
they
had
verbatim
repeated
them
,
and
told
him
,
they
were
satisfied
he
should
swear
the
Test
in
these
terms
:
And
whether
this
ought
not
to
be
a
sufficient
exoneration
to
the
Earl
,
let
all
men
judge
.
The
Advocate
makes
a
noise
,
That
in
the
case
of
an
Oath
required
the
taker
ought
to
swear
it
in
the
sense
of
the
imposer
,
(
which
none
doubts
)
and
then
runs
out
,
That
The
Earl
in
place
of
taking
it
in
the
imposers
sense
,
did
unwarrantably
intend
a
sense
of
his
own
,
to
the
eluding
and
frustrating
of
the
obligation
of
this
,
and
all
other
Oaths
.
But
all
this
is
nothing
to
the
purpose
,
for
waving
that
in
the
Earl's
case
it
is
most
impertinent
to
talk
of
his
obtruding
of
a
sense
,
to
the
eluding
,
and
frustrating
of
the
obligation
of
his
Oath
,
seeing
his
Oath
was
not
then
given
,
or
at
all
in
being
,
it
is
expresly
alledged
by
the
Earl
,
and
notour
that
the
Explanation
tendered
by
him
,
when
called
to
take
the
Test
,
was
accepted
by
the
Council
,
and
the
Oath
thereupon
administrated
,
and
so
the
Earl
freely
joyns
issue
with
the
Advocate
,
and
acknowledging
that
the
taker
of
the
Oath
ought
to
swear
in
the
sense
of
the
imposer
,
subsumes
in
terminis
,
that
he
himself
did
swear
so
,
and
not
otherwise
,
in
as
much
as
he
did
swear
in
a
sense
accepted
by
the
Council
,
before
he
gave
his
Oath
,
as
is
evident
.
1.
By
their
commanding
him
to
sit
after
he
had
sworn
,
and
2.
In
that
neither
the
Advocate
,
nor
any
other
,
had
ever
the
confidence
to
quarrel
his
sitting
,
as
a
breach
of
the
Law
,
which
no
doubt
they
had
done
,
if
not
convinced
that
by
taking
the
Oath
he
had
satisfied
the
Act
of
Parliament
;
which
things
,
in
true
dealing
and
the
construction
of
all
honest
men
,
are
the
same
as
if
the
Oath
had
been
required
of
him
by
the
Council
,
in
the
very
sense
and
words
of
this
Explanation
.
Neither
is
it
material
whether
the
Explanation
offered
by
the
Earl
doth
deserve
(
as
certainly
it
doth
not
)
these
many
ill
names
,
which
the
Advocate
would
fix
upon
it
,
because
though
it
had
been
much
worse
then
it
is
,
yet
being
offered
to
the
Council
,
and
submitted
to
their
judgment
,
and
they
having
accepted
it
,
the
thing
became
quasi
res
judicata
,
and
cannot
be
retracted
,
without
subverting
the
surest
Rules
,
both
of
truth
,
and
government
.
The
Advocate
indeed
tels
us
,
1
That
the
Council
heard
not
the
Earl's
Explanation
:
But
I
have
already
told
you
they
did
hear
it
,
and
the
Earl
is
still
ready
to
prove
it
:
And
suppose
some
say
they
did
not
hear
it
distinctly
,
(
As
what
thing
spoke
in
Council
is
distinctly
heard
and
considered
by
all
?
)
Yet
it
being
certain
that
they
did
all
approve
it
it
is
sufficient
to
the
Earl
:
And
it
is
only
their
concern
,
whether
in
approving
what
they
did
not
hear
they
observed
their
Oath
De
fideli
,
&c.
or
not
.
His
Highness
,
who
the
Earl
was
most
concerned
should
hear
,
did
certainly
hear
,
as
himself
afterwards
acknowledged
.
2.
The
Advocate
sayes
,
That
the
hearing
and
allowing
the
●arl
to
sit
is
no
relevant
plea
;
yea
further
though
all
the
Council
had
allowed
him
that
day
,
yet
any
of
his
Majesties
Officers
might
have
quarrelled
him
the
next
day
.
But
first
,
I
would
gladly
know
,
upon
what
head
?
For
if
upon
obtruding
a
sense
of
his
own
,
it
is
undenyable
that
whatever
the
sense
was
the
obtruding
of
it
was
purged
by
the
Councils
acceptation
,
and
it
became
theirs
,
and
was
no
more
his
.
Butif
the
Advocate
doth
think
,
that
even
the
matter
of
the
Explanation
,
though
allowed
and
accepted
,
may
still
be
quarrelled
:
Then.
1.
I
hope
,
he
will
consider
in
what
terms
he
doth
it
,
for
if
he
charge
it
after
it
becomes
the
Councils
(
as
in
truth
he
hath
done
already
)
with
the
same
liberty
wherewith
he
treats
it
as
the
Earl's
,
he
runs
fair
to
make
himself
the
Arrantest
defamer
and
slanderer
of
the
King
and
Council
,
that
ever
yet
attempted
it
.
But
2ly
,
It
merits
a
worse
name
then
I
am
free
to
give
it
to
say
,
That
an
Explanation
allowed
by
the
Council
,
in
the
administrating
of
an
Oath
proper
to
be
administrat
by
them
,
doth
not
secure
the
taker
as
to
that
sense
,
both
in
Law
and
Conscience
:
Seeing
in
effect
this
quite
takes
away
the
best
grounds
of
assurance
among
men
,
and
turns
their
greatest
security
to
their
greatest
snare
.
And
3ly
,
If
this
be
sound
Doctrine
,
it
is
worth
the
enquiring
,
what
security
the
Clergy
,
to
whom
the
Council
,
as
you
have
hear'd
,
did
indulge
an
explanation
,
have
thereby
obtained
:
For
as
to
such
Laiks
as
did
only
at
their
own
hand
take
hold
of
,
and
snatch
at
this
indulgence
,
not
provided
for
them
by
the
Councils
Act
,
it
is
clear
their
doom
is
dight
.
It
is
not
here
debated
how
far
that
Explication
of
the
Councils
may
satisfy
,
and
quiet
Conscience
,
let
such
concerned
see
to
it
.
Some
please
themselves
with
a
general
notion
.
That
if
the
sense
given
by
the
Administrator
be
sound
then
it
is
also
safe
,
whether
it
be
agreeable
to
the
plain
,
and
genuine
meaning
of
the
Oath
or
not
,
nay
whether
it
be
agreeable
to
the
sense
of
the
first
Imposers
or
not
:
But
others
,
who
consider
,
more
rendetly
,
what
it
is
to
swear
in
Truth
,
and
in
Iudgment
,
think
it
rather
a
prophanation
,
and
a
sinful
preferring
of
the
credit
of
men
to
the
glory
of
the
Almighty
,
to
offer
to
smooth
an
Oath
by
a
disagreeable
interpretation
,
when
in
effect
the
Oath
it self
ought
to
be
changed
:
But
the
thing
in
question
is
about
the
security
of
life
and
fortune
,
for
seeing
the
Councils
Explanation
is
,
at
least
,
to
say
no
worse
,
lyable
enough
to
the
calumnies
of
an
inventive
malice
,
and
the
Advocate
telleth
us
,
Though
all
the
Council
had
allowed
a
man
to
swear
with
an
Explanation
,
yet
any
of
His
Majesties
Officers
may
,
the
next
day
,
quarrel
him
,
It
is
evident
that
this
allowance
can
affoord
him
no
security
.
It
is
true
the
Advocate
may
alledge
,
and
possibly
find
a
difference
betwixt
the
Councils
emitting
and
their
accepting
of
an
Explanation
But
as
in
truth
there
is
none
,
more
then
betwixt
a
Mandat
and
a
Ratihabition
,
so
I
am
confident
,
if
ever
the
thing
come
to
be
questioned
,
this
pretence
will
evanish
and
come
to
nothing
.
It
is
likewise
to
be
remembred
,
that
when
the
Earl
,
the
next
day
after
he
took
the
Test
;
was
questioned
for
the
Explanation
he
had
made
,
and
required
to
exhibit
a
copie
(
which
was
afterwards
made
the
ground
of
his
indictment
)
so
soon
as
he
observed
that
some
began
to
carp
,
he
refused
to
sign
it
,
demanded
it
back
,
and
would
have
destroyed
it
,
as
you
have
heard
,
which
were
all
clear
Acts
of
disowning
and
retracting
,
for
eviting
offence
,
and
of
themselves
sufficient
to
have
prevented
any
further
enquiry
,
there
being
nothing
more
just
and
humain
then
that
words
,
though
at
the
first
hearing
offensive
,
yet
if
instantly
retracted
when
questioned
,
should
be
past
:
But
this
,
as
well
as
other
things
,
must
in
the
Earl's
case
be
singular
,
and
whether
he
plead
the
Councils
allowing
or
his
own
disowning
(
as
in
effect
he
doth
both
)
it
is
equally
to
no
purpose
,
the
thing
determined
must
be
accomplished
.
You
heard
before
,
how
that
a
reverend
Bishop
,
and
many
of
the
Orthodox
Clergy
did
take
a
far
greater
liberty
of
Explanation
then
the
Earl
pretended
to
:
you
see
also
that
first
the
Council
allowes
his
words
,
whereupon
he
rests
:
And
when
he
finds
that
they
begin
to
challenge
he
is
willing
to
disown
:
And
withall
it
is
undeniable
,
and
acknowledged
by
the
Council
themselves
,
that
the
Test
,
as
it
stands
in
the
Act
of
Parliament
,
is
ambiguous
,
and
needs
to
be
explained
:
And
the
Earl
may
confidently
averr
,
that
of
all
the
Explanations
that
have
been
offered
(
even
the
Councils
not
excepted
)
his
is
the
mostsafe
,
sound
,
and
least
disagreeable
to
the
Parliaments
true
sense
and
meaning
.
And
yet
,
when
all
others
escape
,
he
alone
must
be
seased
,
and
for
a
thing
so
openly
innocent
,
clearly
justifiable
,
and
undeniably
allowed
,
found
guilty
of
the
worst
of
crimes
,
even
Leasing-making
,
Leasing-telling
,
Depraving
of
Laws
,
and
Treason
;
but
all
these
things
God
almighty
sees
,
and
to
him
the
judgment
yet
belongs
.
And
thus
I
leave
this
dscourse
shutting
it
up
with
the
case
of
Archbishop
Cranmer
,
plainly
parallel
to
the
Earl's
,
to
show
how
much
he
was
more
favourably
dealt
with
by
the
King
,
and
Government
,
in
those
dayes
,
then
the
Earl
now
is
,
though
he
live
under
a
much
more
merciful
;
and
just
Prince
then
that
worthy
Prelate
did
,
for
Cranmer
being
called
and
promoted
by
Henry
VIII
.
of
England
to
be
Archbishop
of
Canterbury
,
and
finding
an
Oath
was
to
be
offered
to
him
,
which
,
in
his
apprehension
,
would
bind
him
up
from
what
he
accounted
his
duty
,
he
altogether
declined
the
dignity
and
preferment
,
unless
he
were
allowed
to
take
the
Oath
with
such
an
Explanation
as
he
himself
proposed
,
for
salving
of
his
Conscience
;
and
though
this
Oath
was
no
other
then
the
statut
,
and
solemn
Oath
,
that
all
his
Predecessors
in
that
See
,
and
all
the
mitered
Clergy
in
England
had
sworn
,
yet
he
was
admitted
to
take
it
,
as
you
see
in
Fuller's
Church
hist:
Of
Britain
Lib:
5
p.
185
and
186
,
with
this
formal
Protestation
.
In
nomine
Domini
,
Amen
.
Coramvobis
&c.
Non
est
,
aut
erit
meae
voluntatis
,
aut
intentionis
,
per
hujusmodi
juramentum
veljuramenta
,
qualitereunque
verba
in
ipsis
posita
sonare
videbuntur
,
me
obligare
ad
aliquid
,
ratione
●orundum
,
post
hac
dicendum
,
faciendum
,
aut
attentandum
,
quod
erit
,
aut
esse
videbitur
,
contra
Legem
Dei
,
vel
contra
illustrissimum
Regem
nostrum
Angliae
,
Legesve
,
aut
Praerogativas
Esusdem
:
Et
quod
non
intendo
per
hujusmodi
juramentum
,
veljurament●
,
quovis
modo
me
obligare
,
quo
minus
libere
loqui
,
consulere
,
aut
consentire
valeam
;
in
omnibus
,
&
singul●s
Reformationem
Religionis
Christianae
,
Gubernationem
Ecclesiae
Anglicanae
,
&
Praerogativam
Coronae
ejusd●m
Reipublicae
,
vel
commoditatem
earundem
,
quoquo
modo
concernentibus
;
&
e●
ubique
exequi
,
&
reformare
,
quae
mihi
in
Ecclesia
Anglicana
reformanda
videbuntur
:
Et
secundum
hanc
interpretationem
,
&
intellectum
hunc
,
&
non
aliter
,
neque
alio
modo
,
dictum
juramentum
me
praestiturum
protestor
,
&
profiteor
.
That
is
to
say
.
In
the
Name
of
God
,
Amen
.
Before
yow
&c.
It
neither
is
,
nor
shall
be
,
my
will
or
meaning
,
by
this
kind
of
Oath
,
or
Oaths
,
and
however
the
words
of
themselves
shall
seem
to
sound
or
signify
,
to
bind
up
my self
,
by
vertue
hereof
to
say
,
do
or
endeavour
any
thing
,
which
shall
really
be
,
or
appear
to
be
,
against
the
Law
of
God
,
or
against
our
most
illustrious
King
of
England
or
against
his
Laws
and
Prerogatives
:
And
that
I
mean
not
,
by
this
my
Oath
,
or
Oaths
any
wayes
to
bind
up
my self
from
speaking
,
consulting
,
and
consenting
freely
,
in
all
,
and
every
thing
in
any
sort
concerning
the
Reformation
of
the
Christian
Religion
,
the
Government
of
the
Church
of
England
,
and
the
Prerogative
of
the
Crown
of
the
Commonwealth
thereof
,
or
their
advantage
and
from
executing
,
and
reforming
such
things
as
I
shall
think
need
to
be
reformed
in
the
Church
of
England
:
And
according
to
this
Explanaton
,
and
sense
,
and
not
otherwise
nor
in
any
other
manner
,
do
I
protest
,
and
profess
,
that
I
am
to
take
,
and
perform
this
Oath
.
Nor
did
that
excellent
Person
,
sayes
Mr
Fuller
,
smother
this
privatly
in
a
corner
,
but
publikly
interposed
it
,
three
severall
times
,
once
in
the
Charter-house
,
before
authentik
witnesses
,
again
upon
his
bended
knees
,
befor
the
high
Alter
,
in
view
and
hearing
of
many
people
,
and
Bishops
beholding
him
,
when
he
was
consecrated
,
and
the
third
time
,
when
he
received
the
Pall
,
in
the
same
place
.
Now
would
it
not
be
very
strange
if
the
like
liberty
should
not
be
allowed
to
the
●arl
,
under
His
Majesty
,
in
reference
to
the
Test
,
which
Henry
the
VIII
.
a
Prince
that
stood
as
much
on
his
Prerogative
as
ever
any
,
did
vouchafe
to
this
Thomas
Cranmer
,
who
,
as
another
Historian
observes
acted
fairly
,
and
above-board
:
But
there
wanted
then
the
high
and
excellent
designs
of
the
great
Ministers
,
The
rare
fidelity
of
Councellors
,
sound
Religion
and
tender
piety
of
Bishops
,
solid
Law
and
Learning
of
Advocates
,
incorruptible
integrity
of
Judges
,
and
upright
honesty
of
Assizers
,
that
now
we
have
,
to
get
Archbishop
Cranmer
accused
,
and
condemned
,
for
Leasing-making
,
depraving
Laws
,
Perjury
,
and
Treason
,
to
which
accusation
his
Explanation
was
certainly
no
less
obnoxious
then
the
Earl's
.
But
I
hasten
to
the
fourth
,
and
last
head
of
the
Earl's
additional
defences
,
viz
The
removing
certain
groundless
pretences
,
alledged
by
the
Advocate
,
for
aggravating
the
Earl's
offence
:
ASI
.
That
the
Earl
,
being
a
Peer
,
and
Member
of
Parliament
,
should
have
known
the
sense
of
the
Parliament
,
and
that
neither
the
Scruples
of
the
Clergy
,
nor
the
Councils
proclamation
,
designed
for
meer
Ignorants
,
could
any
way
excuse
the
Earl
for
offering
such
an
Explanation
.
But
,
first
,
the
Advocate
might
have
remembred
,
that
in
another
passage
he
taxes
the
Earl
as
having
debated
in
Parliament
against
the
Test
,
whereby
it
is
easy
to
gather
,
that
the
Earl
having
been
in
the
matter
of
the
Test
a
dissenter
,
this
quality
doth
rather
justify
then
aggravat
the
Earl's
Scrupling
.
2ly
.
If
the
proclamation
was
designed
for
the
meer
Ignorants
of
the
Clergy
,
as
the
Advocate
calls
them
,
who
knew
nothing
of
what
had
past
in
Parliament
,
an
Explanation
was
far
more
necessary
for
the
Earl
,
who
knows
so
little
of
what
the
Advocate
alledges
to
have
past
in
Parliament
,
viz.
That
the
Confession
of
Faith
was
not
to
be
sworn
to
as
a
part
of
the
Test
,
that
of
necessity
(
as
I
think
)
he
must
know
the
contrary
;
In
as
much
as
,
first
,
this
is
obvious
from
the
express
tenor
of
the
Test
,
which
binds
to
own
,
and
profess
the
true
Protestant
Religion
,
contained
in
the
Confession
of
Faith
,
and
to
believe
the
same
to
be
agreable
to
the
Word
of
God
;
as
also
to
adhere
thereto
,
and
never
to
consent
to
any
change
contrary
to
,
or
inconsistent
with
the
said
Protestant
Religion
,
&
Confession
of
Faith
:
Which
to
common
sense
appears
as
plain
,
and
evident
,
as
can
be
contrived
,
or
desired
.
But
2ly
,
It
is
very
well
known
,
that
it
was
expresly
endeavoured
,
and
carried
in
Parliament
,
that
the
Confession
of
Faith
should
be
a
part
of
the
Test
and
Oath
:
For
the
Confession
of
Faith
being
designed
to
be
sworn
to
,
by
an
Act
,
for
securing
the
Protestant
Religion
(
which
you
have
heard
was
prepared
in
the
Articles
,
but
afterwards
thrown
out
)
when
this
Act
for
the
Test
was
brought
in
to
the
Parliament
,
some
dayes
after
,
by
the
Bishop
of
Edinburgh
,
and
others
,
the
Confession
was
designedly
left
out
of
it
:
But
it
being
again
debated
,
that
the
bare
naming
of
the
Protestant
Religion
,
without
condescending
on
a
Standard
for
it
,
was
not
sufficient
,
the
Confession
of
Faith
was
of
new
added
:
And
,
after
the
affirmative
clause
for
owning
it
,
and
adhering
to
it
was
insert
,
upon
a
new
motion
,
the
negative
,
never
to
consent
to
any
alteration
,
contrary
to
,
or
inconsistent
with
the
said
Protestant
Religion
,
and
Confession
of
Faith
was
also
subjoyned
:
But
not
without
a
new
debate
and
opposition
made
against
the
words
,
And
Confession
of
Faith
,
by
the
Bishop
of
Edinburgh
,
until
at
length
he
also
yeelded
,
All
which
,
it
is
hoped
,
was
done
for
some
purpose
:
And
if
,
at
that
time
,
any
had
doubted
of
the
thing
,
he
had
certainly
been
judged
most
ridiculous
:
For
it
was
by
that
addition
concluded
by
all
that
the
Confession
was
to
be
sworn
,
and
further
it
appears
plainly
,
by
the
Bishop
of
Edinburgh
his
vindication
,
that
,
when
he
wrote
it
,
he
believed
the
Confession
was
to
be
sworn
to
,
for
he
takes
pains
to
justify
it
(
though
calumniously
enough
)
alledging
,
That
it
was
hastily
compiled
,
in
the
short
space
of
four
dayes
,
by
some
Barrons
and
Ministers
,
in
the
infancy
of
our
Reformation
.
(
Where
,
by
the
by
,
you
see
that
he
makes
no
reckoning
of
what
the
Act
of
Parliament
,
to
which
the
Test
refers
,
expresly
bears
,
viz.
That
that
second
Ratification
1567.
which
we
only
have
recorded
,
was
no
less
then
seven
years
after
this
Confession
was
first
exhibited
,
and
approven
Anno
1560.
But
moreover
,
he
tells
us
,
That
the
Doctors
of
Aberdeen
,
who
refused
the
Covenant
,
were
yet
willing
not
only
to
subscribe
,
but
to
swear
this
Confession
of
Faith
.
Which
again
,
to
answer
the
Bishops
critik
of
four
dayes
,
was
more
then
70.
years
after
it
was
universally
received
.
It
's
true
,
that
,
when
the
Bishop
finds
himself
straitned
how
to
answer
objections
,
he
is
forced
to
make
use
of
the
new
Gloss
(
I
shall
not
call
it
of
Orelans
)
whereby
the
Protestant
Religion
is
made
to
be
sworn
to
only
as
far
as
every
man
pleases
to
interpret
,
&
as
far
as
may
be
consistent
with
any
new
principles
of
state
.
But
the
Parliament
certainly
(
I
do
not
speak
ironically
)
did
intend
by
this
Test
to
swear
&
assert
the
True
Protestant
Religion
,
and
the
said
Confession
of
Faith
,
whatever
may
be
now
pretended
.
The
Earl
could
not
also
but
very
well
remember
what
His
Highness
had
said
to
himself
,
about
the
inserting
of
the
Confession
,
and
no
doubt
,
the
Advocate
,
if
ingenuous
,
knows
all
this
:
For
the
thing
was
at
that
time
mater
of
common
talk
,
and
indeed
,
till
Papers
objecting
contradictions
,
and
inconsistencies
betwixt
the
Confession
and
the
rest
of
the
Test
began
to
be
so
numerous
(
which
was
about
the
end
of
October
)
that
there
was
no
possibility
left
to
answer
them
,
but
by
alledging
.
That
in
the
Test
men
do
not
swear
to
every
article
and
proposition
of
the
Confession
,
but
only
to
the
Protestant
Religion
therein
contained
,
this
point
was
never
doubted
.
And
whether
this
answer
be
true
,
and
a
solid
Vindication
,
consonant
to
the
words
of
the
Test
,
or
a
circulating
evasion
enervating
all
its
force
,
let
others
judge
.
But
the
Advocate
sayes
,
When
it
was
moved
in
Parliament
to
read
the
Confession
it
was
waved
:
Most
true
:
&
the
reason
given
by
the
Bishops
for
it
was
that
it
was
notour
,
they
knew
it
.
and
it
was
already
insert
in
the
Acts
of
Parliament
:
And
,
the
truth
was
,
the
reading
of
it
would
have
spent
more
time
then
was
allowed
on
examining
the
whole
Test.
It
was
likewise
late
,
after
a
long
Sederunt
,
and
it
was
resolved
to
have
the
Act
passed
that
night
,
&
so
it
went
on
.
But
it
was
likewise
moved
to
read
the
Covenant
,
seing
it
was
to
be
disclaimed
,
and
this
was
flatly
refused
.
And
will
the
Advocate
thence
infer
,
That
by
the
Test
the
Covenant
is
not
abjured
,
albeit
it
be
most
certain
,
that
many
in
the
Parliament
,
at
that
time
,
had
never
read
the
one
or
the
other
?
But
to
follow
the
Advocat's
excursions
,
and
answer
them
more
particularly
:
The
motion
for
reading
the
Confession
being
made
,
on
this
very
occasion
,
because
it
was
to
be
insert
in
the
Test
and
sworn
to
,
concluds
enough
against
him
:
For
no
body
can
be
so
effronted
as
to
say
,
it
was
used
in
Parliament
as
an
argument
not
to
read
it
,
because
it
was
not
to
be
sworn
to
,
but
(
though
it
cost
a
debate
)
it
was
plainly
agreed
to
be
sworn
to
,
and
therefore
insert
.
2ly
.
Can
any
man
doubt
,
the
Confession
was
to
be
sworn
to
,
when
it
is
notour
that
severalls
who
were
members
of
Parliament
,
and
,
by
reason
of
offices
they
enjoyed
,
were
called
to
swear
the
Test
,
pretending
,
with
reason
,
tenderness
of
an
Oath
,
did
,
before
swearing
,
make
a
fashion
at
least
of
reading
and
studying
the
Confession
,
to
satisfy
themselves
how
far
they
might
swear
it
.
And
that
this
was
done
by
an
hundred
,
I
can
attest
themselves
.
Lastly
it
is
certain
that
,
when
,
in
the
end
of
October
,
the
Bishop
of
Edenburgh
did
quarrel
Sr
George
Lockhart
for
causing
the
Confession
to
be
insert
in
the
Test
,
&
he
answered
that
without
it
a
Turk
might
sign
the
Test
,
it
was
not
then
pretended
by
the
Bishop
that
the
Confession
was
not
to
be
sworn
to
,
and
therefore
he
at
that
time
had
no
reply
But
this
is
a
debate
,
I
confess
,
not
altogether
necessary
for
my
present
task
,
only
thereby
you
may
see
ground
enough
for
the
Earl
to
believe
the
Confession
was
sworn
to
:
And
all
that
did
swear
,
before
the
Councils
Explanation
,
having
sworn
in
that
sense
,
and
,
for
ought
I
know
,
all
(
except
the
Clergy
)
being
by
the
Councils
Act
still
bound
to
do
so
,
It
was
not
strange
the
Earl
might
be
of
this
Opinion
.
And
seeing
that
many
of
the
Contradictions
were
alledged
to
arise
hence
,
and
the
Earl
being
a
dissenter
,
it
was
yet
less
strange
that
the
Earl
did
scruple
;
nor
is
it
unreasonable
that
his
modest
Explanation
should
have
a
most
benign
acceptance
.
The
second
pretence
of
aggravation
is
,
That
his
Majesty
did
not
only
bestow
on
the
Earl
his
Lands
,
and
Iurisdictions
fallen
into
his
Majesties
hands
by
the
forfaulture
of
his
Father
,
but
also
pardon
him
the
crimes
of
Leasing-making
and
Misconstruing
,
whereof
he
was
found
guilty
by
the
Parliament
1662.
And
raised
him
to
the
title
and
dignity
of
an
Earl
,
and
to
be
a
member
of
all
his
Majesties
Iudicatories
.
All
which
the
Earl
,
as
he
hath
ever
,
doth
still
most
thankfully
acknowledge
.
But
seeing
the
Advocate
hath
no
warrand
to
upbraid
him
with
his
Majesties
favours
,
and
that
these
things
are
now
remembred
with
a
manifest
design
to
raise
dust
,
and
blind
strangers
,
and
to
add
a
very
ill
thing
,
Ingratitude
,
to
the
heap
of
groundless
calumnies
cast
upon
him
,
I
must
crave
leave
to
answer
a
little
more
particularly
,
and
refute
this
new
tout
(
as
the
scots
proverb
is
)
in
an
old
horn
.
This
old
Leasing-making
is
then
now
brought
in
seriously
after
it
hath
been
treated
in
ridicule
for
18
years
,
by
the
very
Actors
who
did
never
pretend
to
defend
it
in
cold
blood
:
And
,
were
it
not
to
digress
too
much
,
I
could
name
the
persons
,
and
make
them
(
if
capable
)
think
shame
of
their
falshood
,
and
prevarications
in
that
point
,
and
of
their
abusing
His
Majestie
,
and
prostrating
Justice
,
but
I
forbear
.
The
Advocate
,
in
his
book
of
pleadings
,
makes
this
a
Stretch
,
and
sayes
,
His
Majesty
rescinded
it
.
And
His
Majesty
himself
hath
,
several
times
,
exprest
his
sense
of
the
stretches
made
by
some
against
the
Earl
,
at
that
time
.
It
is
well
known
the
Family
of
Argyle
is
both
ancient
and
honourable
,
and
hath
been
Loyal
and
serviceable
to
the
Crown
for
several
hundreds
of
years
:
but
they
must
now
be
destroyed
,
for
having
done
,
and
being
able
,
as
they
say
,
to
doe
too
much
,
which
others
neither
can
nor
will
do
.
Neither
is
the
Advocate
ignorant
that
the
only
failing
that
Family
hath
been
charged
with
,
in
all
that
long
tract
of
time
,
was
a
complyance
of
the
late
Marqueis
of
Argyle
the
Earl's
Father
,
in
the
time
of
the
late
Usurpation
,
by
sitting
in
the
then
Parliament
of
England
,
some
years
after
all
the
standing
forces
of
the
Kingdom
were
broken
,
His
Majesty
beyond
sea
,
the
whole
Countrey
overrun
,
the
Usurpers
universally
acknowledged
,
and
neither
probability
of
resistance
,
nor
possibility
of
shelter
left
to
any
that
were
most
willing
to
serve
His
Majesty
,
as
the
Advocate
himself
hath
published
in
his
printed
pleadings
,
in
which
he
likewise
layes
out
the
special
and
extraordinary
Circumstances
whereby
the
Marqueis
was
necessitate
to
do
what
he
did
.
And
the
compliance
charged
on
him
was
so
epidemik
that
all
others
were
pardoned
for
the
same
,
except
he
alone
,
though
none
had
such
favourable
Arguments
to
plead
,
and
though
he
pleaded
the
same
indemnity
that
saved
others
.
And
seeing
he
submitted
,
and
delivered
up
himself
,
and
lost
his
life
,
and
seeing
,
at
the
same
time
of
the
compliance
that
he
suffered
for
,
the
Earl
his
son
was
actually
serving
and
suffering
for
his
Majesty
,
as
you
find
in
the
former
part
of
this
Letter
,
the
Earl's
restitution
was
no
less
then
He
and
his
Family
might
well
expect
of
his
Majesties
Goodness
and
Iustice
.
It
is
true
the
Earl
was
again
accused
and
condemned
(
which
may
appear
indeed
strange
to
such
as
know
not
all
particulars
)
upon
the
same
Old
Acts
of
Leasing-making
,
and
with
as
little
ground
(
if
possible
)
as
now
,
and
was
pardoned
by
his
Majestie
,
for
which
he
hath
often
,
and
doth
alwayes
acknowledge
that
he
owes
to
his
Majesty
both
his
Life
and
Fortune
:
But
upon
this
occasion
,
and
being
baited
as
he
is
,
he
hopes
his
Majesty
will
not
take
it
ill
that
he
say
,
That
his
Majesties
mercy
was
in
this
case
determined
by
Justice
:
And
for
proof
that
his
Majesty
did
then
know
him
to
be
innocent
,
did
not
his
Majesty
then
say
,
It
was
impossible
to
take
a
mans
life
upon
so
smal
an
account
?
Tho
nevertheless
it
had
been
done
,
if
his
Majesty
had
not
interposed
and
pardoned
him
.
Did
not
the
Chancellour
Clarendoun
(
who
was
Patron
to
the
most
considerable
of
the
Earl's
pursuers
)
hearing
of
his
condemnation
,
Blesse
God
,
he
lived
not
in
a
Countrey
where
there
were
such
Laws
?
(
He
should
have
said
such
Iudges
)
And
I
believe
many
more
will
say
the
same
now
.
Did
it
not
plainly
appear
,
at
that
time
,
that
his
principal
pursuers
were
very
bitter
,
malicious
,
and
unjust
to
him
?
For
the
Earl
had
not
only
served
his
Majesty
in
that
troublesome
and
hazardous
appearance
in
the
Hills
,
but
he
had
been
particularly
useful
to
Earl
Midletoun
then
his
Majesties
Lieutenent
General
,
and
had
stood
by
him
,
when
these
deserted
him
,
whom
notwithstanding
he
took
afterwards
by
the
hand
,
when
he
was
his
Majesties
Commissioner
in
the
Year
1661
,
&
then
designed
new
Interests
and
new
alliances
,
whereof
some
did
hold
and
some
never
held
.
And
then
indeed
it
was
that
he
and
others
thought
it
proper
for
them
to
destroy
the
Family
of
Argyle
,
to
make
their
own
Fortunes
;
But
it
pleased
God
and
his
Majesty
to
dispose
otherwise
:
Then
it
was
that
the
Earl
was
so
hotly
pursued
for
his
life
;
having
at
that
time
no
Fortune
,
all
being
in
his
Majesties
hands
:
Then
was
the
accusation
of
Treason
likewise
urged
by
the
samepersons
,
and
must
have
carried
,
but
it
was
not
found
necessary
,
Leasing-making
being
sufficient
to
take
his
life
,
and
,
as
it
falls
out
when
any
game
is
started
and
the
hounds
in
chase
,
all
the
little
currs
run
alongs
,
So
the
Earl
wanted
not
then
many
pursuers
that
are
now
scarce
to
be
heard
of
.
And
further
,
some
of
the
parties
themselves
confessed
the
particulars
to
the
Earl
afterwards
,
who
yet
now
return
to
Act
their
former
parts
,
and
that
they
had
then
laid
down
a
resolution
to
intrap
him
,
per
fas
,
aut
nefas
,
but
notwithstanding
all
this
ill
humour
and
violence
,
all
the
ground
they
could
get
for
a
quarrell
,
in
two
Years
time
,
was
one
single
letter
,
among
many
they
intercepted
,
the
occasion
and
import
whereof
was
as
follows
.
About
a
twelve-month
after
the
death
of
the
late
Marqueis
of
Argyle
,
The
Earl
his
son
being
,
by
the
loss
of
his
estate
,
and
burden
of
his
debts
,
brought
into
straits
,
a
friend
from
Edenburgh
wrote
to
him
,
then
at
London
,
to
do
what
he
could
for
himself
at
Court
,
and
the
sooner
the
better
;
For
he
needed
neither
expect
favour
nor
Justice
from
some
in
Scotland
,
and
,
if
matters
were
delayed
,
his
Fathers
whole
estate
would
be
begg'd
away
in
parcels
.
His
Friend
likewise
complained
,
that
the
Earl
did
not
write
to
inform
his
friends
in
Scotland
;
and
on
this
he
insisted
severall
post-dayes
,
which
,
at
last
,
drew
an
answer
from
the
Earl
,
that
he
had
been
to
wait
upon
his
Majesty
,
and
had
found
him
both
just
and
kind
to
him
,
and
doubted
not
the
effects
of
his
Royalfavour
,
that
he
was
sensible
of
his
loss
by
delay
,
yet
must
proceed
discreetly
,
and
not
press
to
give
His
Majesty
trouble
,
but
must
take
His
Majesties
method
,
and
wait
his
time
;
That
he
judged
,
much
of
what
his
Friend
told
him
was
true
,
but
he
must
have
patience
:
It
was
his
misfortune
that
some
took
pains
to
make
His
Majesty
believe
,
that
the
Parliament
was
his
Enemy
,
and
the
Parliament
to
believe
,
the
King
was
his
Enemy
,
and
by
such
informations
he
was
like
to
be
a
sufferer
,
but
he
hoped
in
God
all
should
be
well
.
This
blast
must
blow
out
,
and
will
blow
over
.
The
King
will
see
their
tricks
:
And
upon
this
letter
,
specially
those
last
words
,
the
Earl
was
accused
of
Leasing-making
betwixt
King
and
Parliament
,
and
that
he
expected
changes
,
and
so
had
a
great
deal
of
the
same
stuff
laid
to
his
charge
,
as
now
you
have
heard
:
And
if
the
now
Register
will
produce
the
Earl's
principal
Letter
,
and
the
Paper
the
Earl
gave
in
to
the
Parliament
,
these
two
would
clear
all
,
the
case
then
,
and
now
,
as
yow
may
see
,
Mutatis
Mutandis
,
being
much
the
same
,
and
some
of
the
same
tooles
used
.
But
to
go
on
.
The
Earl's
words
in
that
Letter
being
clear
,
and
plain
viz.
That
he
complained
of
others
that
reported
lies
to
King
and
Parliament
but
did
himself
report
none
to
either
,
He
acknowledged
the
Letter
,
which
could
never
have
been
proven
to
be
his
,
and
as
soon
as
he
heard
that
it
was
intercepted
did
render
himself
to
his
Majesty
before
he
was
called
for
.
But
,
which
very
much
troubled
him
,
had
not
access
:
Yet
his
Majesty
was
so
gracious
that
in
stead
of
sending
him
prisoner
to
Scotland
with
a
guard
(
as
was
much
pressed
)
he
allowed
him
to
go
down
on
a
verbal
bale
:
And
his
Majesty
was
pleased
to
say
,
That
he
saw
nothing
in
the
Earl's
Letter
against
his
Majesty
or
the
Parliament
,
but
believed
the
Earl
did
design
to
reflect
on
the
Earl
of
Midletoun
.
The
Earl
came
to
Edinburgh
,
a
fourthnight
before
the
day
appointed
by
his
Majesty
,
and
thought
to
have
had
the
liberty
of
the
city
,
till
that
day
should
come
,
but
was
sent
to
the
Castle
,
the
next
day
after
his
arrival
:
Upon
which
he
advertised
his
Majesty
of
his
condition
,
who
would
hardly
believe
they
would
take
his
life
,
till
it
was
told
plainly
it
was
designed
,
and
if
he
died
it
lay
at
his
Majesties
door
,
upon
which
his
Majesty
was
graciously
pleased
to
send
immediatly
an
order
to
the
Earl
of
Midletoun
not
to
proceed
to
Execution
against
him
:
Yet
the
Sentence
of
death
was
pronounced
,
and
the
day
of
Execution
remitted
by
the
Parliament
to
the
Earl
of
Midletoun
:
Which
he
accepted
of
,
albeit
he
had
no
particular
instruction
for
it
from
his
Majesty
,
which
,
before
a
year
went
about
,
Earl
Midletoun
found
could
not
be
justified
by
him
,
and
some
of
the
Earl's
chief
accusers
were
declared
by
his
Majesty
to
be
themselves
Leasing-makers
;
And
then
the
Earl
,
by
his
Majesties
favour
,
and
goodness
,
was
restored
to
a
part
of
his
Predecessors
estate
,
and
titles
,
which
he
took
as
thankfully
as
if
a
new
estate
,
and
new
and
greater
honours
had
been
conferred
upon
him
.
And
though
His
Majesty
was
pleased
,
at
the
granting
of
these
titles
,
to
say
he
could
help
them
when
he
pleased
,
yet
his
Majesty
knows
,
that
the
Earl
never
troubled
him
about
any
such
matter
,
nor
solicitedh
im
now
these
eighteen
years
,
for
any
Title
,
Office
,
or
Imployment
(
though
he
confesses
he
had
of
all
sorts
)
nor
hath
he
been
burthensome
to
his
Majesties
Exchequer
(
500
l
yearly
for
4
or
5
years
that
the
Earl
served
in
the
Treasury
being
all
that
ever
he
touched
of
his
Majesties
money
)
albeit
few
attended
more
,
and
none
so
much
that
lived
at
his
distance
.
He
was
also
twice
at
London
,
to
kiss
his
Majesties
hands
,
but
still
on
his
own
charges
:
Which
things
are
not
said
to
lessen
his
Majesties
bounty
,
and
goodness
,
whereof
the
Earl
still
retaines
all
just
,
tender
,
and
dutifull
impressions
,
but
to
answer
the
Advocate
,
and
to
teach
others
to
hold
their
peace
,
that
cannot
say
so
much
.
His
life
is
known
to
have
been
true
,
honest
,
and
of
a
peece
,
and
all
alongs
he
hath
walked
with
that
straightness
that
he
can
compare
his
integrity
with
all
that
now
attacque
him
.
By
all
which
it
is
apparent
,
that
what
the
Advocate
here
pretends
for
an
aggravation
may
well
be
accounted
a
second
part
of
the
Earl's
persecutions
,
but
cannot
,
in
the
least
,
impair
either
his
innocence
,
or
his
honour
.
Seeing
therefore
the
ground
of
the
Earl's
present
accusation
,
with
all
he
either
designed
,
said
,
or
did
,
in
this
matter
,
was
only
that
,
when
called
,
nay
required
to
take
the
Test
,
and
after
leave
first
obtained
from
his
Highness
and
Council
,
he
did
in
their
presence
,
before
the
giving
of
his
Oath
,
declare
,
and
propose
to
them
the
sense
wherein
he
was
willing
to
take
it
;
That
this
his
sense
neither
containes
,
nor
insinuats
,
the
least
slander
,
reproach
,
or
reflection
,
either
upon
the
King
,
the
Parliament
,
or
any
Person
whatsomever
,
but
,
on
the
contrair
,
is
in
effect
ten
fold
more
agreeable
to
the
words
of
the
Test
,
and
meaning
of
the
Parliament
that
framed
it
,
then
the
Explanation
emitted
by
the
Council
;
and
was
also
most
certainly
,
the
first
day
,
by
them
accepted
;
and
,
when
the
next
day
challenged
,
by
him
offered
to
be
retracted
,
&
refused
to
be
signed
:
That
the
whole
Indictment
,
&
more
especially
that
part
of
it
about
the
Treason
,
is
a
meer
Rapsody
of
the
most
irrational
,
absurd
,
and
pernicious
consequences
,
that
ever
the
sun
beheld
,
not
only
forcing
the
Common
rules
of
speech
,
charity
,
and
humanity
,
but
ranversing
all
the
Topiks
of
Law
,
Reason
,
and
Religion
,
and
threatning
no
less
,
in
the
Earl's
person
,
then
the
ruine
of
every
mans
fortune
,
life
,
and
honour
;
That
the
Earl's
Defences
,
and
grounds
of
Exculpation
,
were
most
pregnant
,
and
unanswerable
,
and
either
in
themselves
notour
,
or
offered
to
be
instantly
verified
.
And
lastly
,
That
the
aggravations
pretended
against
him
do
either
directly
make
for
him
,
or
most
evidently
discover
the
restless
malice
of
some
of
his
implacable
enemies
:
Shall
our
Gracious
King
,
who
not
only
clearly
understands
right
,
and
hates
oppression
,
but
also
,
to
all
his
other
excellent
qualities
,
hath
by
his
Gentleness
,
and
Clemency
,
even
towards
his
Enemie
,
added
that
great
Character
of
Goodness
,
upon
vain
,
and
false
insinuations
,
and
unreasonable
,
and
violent
stretches
,
not
only
take
away
the
Life
of
an
innocent
person
,
but
of
one
who
himself
,
and
his
family
(
be
it
said
without
disparagment
)
have
,
for
a
longer
time
,
and
more
faithfully
,
and
signally
served
His
Majesty
and
the
Croun
,
then
any
person
,
or
family
of
his
degree
and
quality
,
of
all
his
Persecuters
can
pretend
to
?
Shall
his
numerous
family
,
hopeful
children
,
his
friends
and
creditors
,
all
be
destroyed
?
Shall
both
former
services
be
forgot
,
innocence
oppressed
,
and
all
rules
of
justice
,
and
Laws
of
society
and
humanity
for
his
sake
overturned
?
Shall
not
only
the
Earl
be
cut
off
,
and
his
noble
and
ancient
Family
extinguished
,
but
his
Blood
and
Memory
tainted
with
as
black
and
horrible
a
stain
as
if
he
had
conspired
with
Jacques
Clement
,
Ravillack
,
The
gun-pouder
Miscreants
,
The
bloody
Irish
Rebells
,
and
all
the
other
most
wicked
&
hainous
traitours
of
that
gang
.
And
all
this
for
a
meer
imaginary
crime
,
whereof
it
is
most
certain
that
no
man
living
hath
,
or
can
have
,
the
least
reall
conviction
,
and
upon
such
frivolous
allegations
as
all
men
see
to
be
,
at
the
top
,
meer
moon
-
shine
,
and
at
the
bottom
,
villanie
unmixed
.
After
clearing
these
things
,
the
Earl
,
it
seems
,
intended
to
have
addressed
himself
to
his
Majesties
Advocate
,
in
particular
,
and
to
have
told
him
,
that
he
had
begun
very
timously
in
Parliament
to
fall
first
on
his
heritable
jurisdictions
,
and
then
,
upon
his
Estate
,
and
that
now
he
was
fallen
upon
his
life
and
honour
,
whereby
it
was
easy
to
divine
that
more
was
intended
,
from
the
beginning
,
then
the
simple
taking
away
of
his
Offices
:
seeing
that
some
of
them
,
on
his
refusing
the
Test
,
were
taken
away
by
the
certification
of
the
Act
of
Parliament
,
and
that
those
that
were
heritable
he
offered
,
in
Parliament
,
to
present
and
surrender
to
his
Majesty
on
his
knee
,
if
his
Majesty
,
after
hearing
him
,
should
think
it
fit
;
only
he
was
not
willing
to
have
them
torn
from
him
,
as
hath
been
said
;
and
if
that
were
all
were
designed
,
as
was
at
first
given
out
,
the
Advocate
needed
not
have
set
him
o●
high
as
Naboth
,
and
accus●
him
as
a
blasphemer
of
God
,
and
the
King
.
Then
turning
his
speech
to
the
Lords
of
Iustitiary
he
thought
to
have
desired
that
they
would
yet
seriously
consider
his
words
,
in
their
true
sense
and
circumstances
,
his
own
Explanation
of
his
Explication
,
and
especially
the
forgoing
matter
of
fact
,
to
have
been
laid
before
them
,
with
his
Defences
,
and
grounds
of
Exculpation
;
as
also
to
have
told
them
that
they
could
not
but
observe
how
that
he
was
singled
out
amongst
thousands
,
(
against
whom
much
more
then
all
he
is
charged
with
could
be
alledged
)
and
that
they
must
of
necessity
acknowledge
(
if
they
would
speak
out
their
own
conscience
)
that
what
he
had
said
was
spoke
in
pure
innocence
,
and
duty
,
and
only
for
the
exoneration
of
himself
,
as
a
Christian
,
and
one
honoured
to
be
of
His
Majesties
Privy
Council
(
where
he
was
bound
,
by
his
Oath
,
to
speak
truth
freely
)
And
not
to
throw
the
smallest
reproach
on
either
person
or
thing
.
Adding
that
he
was
●oath
to
say
any
thing
that
lookes
like
a
reflection
upon
His
Majesties
Privy
Council
:
but
if
the
Council
can
wrong
one
of
their
own
number
,
he
thought
he
might
demand
if
he
had
not
met
with
hard
measure
?
For
first
he
was
pressed
,
and
perswaded
to
come
to
the
Council
,
then
they
receive
his
Explanation
,
and
take
his
Oath
,
then
they
complain
of
him
to
His
Majesty
,
where
he
had
no
access
to
be
heard
,
and
by
their
Letter
,
under
their
hands
,
affirm
that
they
had
been
careful
not
to
suffer
any
to
take
the
Test
with
their
own
Explanations
,
albeit
they
had
allowed
a
thing
very
like
it
,
first
to
Earl
Queensberry
,
then
to
the
Clergy
;
And
the
President
now
Chancellour
had
permitted
several
members
of
the
Colledge
of
Iustice
to
premise
,
when
they
sware
the
Test
,
some
one
sense
,
some
another
,
and
some
non-sense
,
as
one
saying
he
took
it
,
in
sane
sensu
,
another
making
a
speech
that
no
man
understood
,
a
third
,
all
the
time
of
the
reading
,
repeating
,
Lord
have
mercy
upon
me
miserable
sinner
:
Nay
even
an
Advocate
,
after
being
debarred
,
a
few
dayes
,
because
albeit
no
Clerk
yet
he
would
not
take
it
without
the
benefit
of
his
clergy
,
viz.
the
Councils
Explanation
,
was
yet
,
thereafter
admitted
without
the
Warrant
of
the
Councils
Act
:
but
all
this
in
the
case
of
so
many
other
was
right
and
good
.
Further
the
Council
expresly
declare
the
Earl
to
be
Guilty
,
before
he
had
ever
said
one
word
in
his
own
defence
.
Thereafter
some
of
them
become
his
Assizers
,
and
others
of
them
witness
against
him
;
and
after
all
,
they
do
of
new
concern
themselves
,
by
a
second
Letter
to
His
Majesty
(
wherein
they
assert
,
That
after
full
debate
,
and
clear
probation
,
he
was
found
guilty
of
Treason
&c.
)
to
have
a
sentence
past
against
him
,
and
that
of
so
high
a
nature
,
and
so
dreadfull
a
consequence
,
as
suffers
no
person
to
be
inconcerned
,
far
less
their
Lordships
his
Iudges
,
who
upon
grounds
equally
just
,
and
,
which
is
more
,
already
predetermined
by
themselves
,
may
soon
meet
with
the
same
measure
,
not
only
as
Concealers
of
Treason
;
but
upon
the
least
pretended
disobedience
,
or
non-compliance
with
any
Act
of
Parliament
:
and
,
after
all
,
must
infallibly
render
an
accunt
to
God
Almighty
.
He
bids
them
therefore
Lay
their
hands
to
their
hearts
,
and
whatever
they
shall
judge
,
he
is
assured
that
God
knows
,
and
he
hopes
all
unbyassed
men
in
the
world
will
or
may
know
,
he
is
neither
Guilty
of
Treason
,
nor
any
of
the
Crimes
libelled
.
He
sayes
he
is
glad
how
many
out
-
do
him
in
asserting
the
true
Protestant
Religion
,
and
their
Loyalty
to
His
Majesty
;
Only
,
he
addes
,
If
he
could
justify
himself
to
God
as
he
can
to
His
Majesty
,
he
is
sure
,
he
might
account
himself
the
happiest
man
alive
.
But
yet
,
seeing
he
hath
a
better
hope
in
the
mercy
of
God
through
Jesus
Christ
,
he
thereupon
rests
,
whether
he
find
Justice
here
on
earth
or
not
.
He
sayes
,
he
will
adde
nothing
to
move
them
either
to
tenderness
or
pity
;
he
knows
that
not
to
be
the
place
,
and
pretends
to
neither
from
them
;
He
pleads
his
Innocence
,
and
craves
Justice
,
leaving
it
to
their
Lordships
to
consider
not
so
much
his
particular
case
as
what
a
Preparative
it
may
be
made
,
and
what
may
be
its
consequences
:
And
if
all
he
hath
said
do
neither
convince
,
nor
perswade
them
to
alter
their
judgment
,
yet
he
desires
them
to
consider
,
whether
the
case
do
not
,
at
least
,
deserve
to
be
more
fully
represented
,
and
left
to
His
Majesties
wisdom
and
justice
,
seeing
that
if
once
the
matter
pass
upon
record
for
Treason
,
it
is
undoubted
,
that
hundreds
of
the
best
,
and
who
think
themselves
most
innocent
,
may
,
by
the
same
methods
,
fall
under
the
like
Condemnation
,
when
ever
the
Kings
Advocate
shall
be
thereto
prompted
.
And
thus
you
have
a
part
of
what
the
Earl
intended
to
have
said
,
before
pronouncing
Sentence
,
if
he
had
not
made
his
Escape
before
the
day
:
Yet
some
things
I
perceive
by
his
notes
are
still
in
his
own
breast
,
as
only
proper
to
be
said
to
His
Majesty
.
I
find
several
Quotations
out
of
the
Advocates
printed
books
,
that
,
it
seemes
,
he
was
to
make
some
use
of
,
but
,
seeing
it
would
have
been
too
great
an
interruption
to
have
applyed
them
to
the
places
designed
,
I
have
subjoyned
them
together
,
leaving
them
to
the
Advocate
's
own
,
and
all
mens
consideration
.
It
was
by
some
remarked
,
That
when
the
Lords
of
Iustitiary
,
after
the
ending
of
the
first
dayes
debate
,
resolved
that
same
night
to
give
Judgment
upon
it
,
they
sent
for
the
Lord
Nairn
,
one
of
their
number
,
an
old
and
infirm
man
,
who
being
also
a
Lord
of
the
Session
,
is
so
decayed
through
age
,
that
he
hath
not
,
for
a
considerable
time
,
been
allowed
to
take
his
turn
,
in
the
Outer
▪
house
(
as
they
call
it
)
where
they
judgelesser
causes
alone
:
But
notwithstanding
both
his
age
,
and
infirmity
,
and
that
he
was
gone
to
bed
,
he
was
raised
,
and
brought
to
the
Court
,
to
consider
a
debate
,
a
great
deal
whereof
he
had
not
heard
,
in
full
Court
,
and
withall
,
as
is
informed
,
while
the
Clerk
was
reading
some
of
it
,
fell
of
new
asleep
.
It
was
also
remarked
that
the
Lords
of
Justitiary
being
,
in
all
,
five
,
viz.
the
Lord
Nairn
above-mentioned
,
with
the
Lords
,
Collintoun
,
Newtoun
,
Hirkhouse
,
and
Forret
,
the
Libell
was
found
relevant
only
by
the
odds
of
three
to
two
viz.
the
Lord
Nairn
foresaid
,
the
Lord
Newtoun
since
made
President
of
the
Session
,
and
the
Lord
Forret
,
both
well
enough
known
,
against
the
Lord
Collintoun
,
a
very
ingenuous
Gentleman
,
and
a
true
old
Cavalier
,
and
the
Lord
Hirkhouse
a
learned
and
upright
judge
:
As
for
the
Lord
Justice
General
,
who
was
also
present
,
and
presided
,
his
vote
,
according
to
the
constitution
of
the
Court
,
was
not
asked
,
yet
he
is
since
made
a
Marquies
,
and
Lord
high
Treasurer
.
But
to
return
to
my
Narrative
,
the
Earl
,
as
I
have
already
told
you
,
did
not
think
fit
,
for
reasons
that
you
shall
hear
,
to
stay
till
his
Majesties
return
came
to
the
Councils
last
Letter
,
but
,
taking
his
opportunity
,
made
his
escape
out
of
the
Castle
of
Edinburgh
,
upon
tuesday
the
twentieth
of
December
,
about
eight
at
night
,
and
,
in
a
day
or
two
after
,
came
his
Majesties
answer
here
subjoyned
.
The
Kings
Answer
to
the
Councils
Letter
18
Decemb:
1681.
C.
R.
MOst
dearly
&c.
having
,
this
day
,
received
your
Letter
,
of
the
14.
instant
,
giving
an
account
,
that
our
Advocate
having
been
ordered
by
you
to
insist
in
that
Process
raised
at
our
instance
against
the
Earl
of
Argyle
,
he
was
,
after
full
debate
,
and
clear
probation
,
found
guilty
of
Treason
,
and
Leasing
making
,
betwixt
us
,
our
Parliament
,
and
our
people
;
and
the
reproaching
our
Laws
and
Acts
of
Parliament
:
We
have
now
thought
fit
,
notwithstanding
of
what
was
ordered
by
us
▪
in
our
Letter
to
you
of
the
15.
of
November
last
,
hereby
to
authorize
you
to
grant
a
warrand
to
our
Iustice
General
,
and
the
remanent
Iudges
of
our
Iustice
Court
,
for
proceeding
to
pronounce
a
Sentence
,
upon
the
Verdict
of
the
Iury
,
against
the
said
Earl
;
nevertheless
it
is
our
express
pleasure
,
and
we
do
hereby
require
you
,
to
take
care
,
that
all
execution
of
the
Sentence
be
stopped
,
untill
we
shall
think
fit
to
declare
our
further
pleasure
in
this
affair
:
For
doing
whereof
,
&c.
Which
answer
being
read
in
Council
on
the
thursday
,
and
the
Court
of
Iustitiary
,
according
to
its
last
adjournment
,
as
shall
be
told
you
,
being
to
meet
upon
the
fryday
,
after
a
little
hesitation
in
Council
whether
the
Court
of
Iustitiary
could
proceed
to
the
sentence
of
forfaulture
against
the
Earl
he
being
absent
,
it
was
resolved
in
the
affirmative
;
And
what
were
the
grounds
urged
,
either
of
hesitation
or
resolution
,
I
cannot
precisly
say
,
there
being
nothing
on
record
that
I
can
learn
.
But
that
you
may
have
a
full
,
and
satisfying
account
,
I
shall
briefly
tell
you
what
was
ordinarly
discoursed
,
a
part
whereof
I
also
find
in
a
petition
given
in
by
the
Countess
of
Argyle
to
the
Lords
of
Justitiary
,
before
pronouncing
sentence
,
but
without
any
answer
or
effect
.
It
was
then
commonly
said
,
that
by
the
old
Law
,
and
custom
,
the
Court
of
Iustitiary
could
no
more
in
the
case
of
Treason
then
of
any
other
Crime
proceed
further
against
a
person
not
compearing
,
and
absent
,
then
to
declare
him
Out-Law
,
and
Fugitive
:
And
that
,
albeit
it
be
singlar
,
in
the
case
of
Treason
that
the
trial
may
go
on
,
even
to
a
final
sentence
,
tho
the
partie
be
absent
,
yet
such
trials
were
only
proper
,
to
&
alwayes
reserved
for
Parliaments
:
And
that
so
it
had
been
constantly
observed
untill
after
the
Rebellion
in
the
Year
1666
:
But
there
being
severall
persones
Notourly
engaged
in
that
rebellion
,
who
had
escaped
,
and
thereby
withdrawn
themselves
from
Justice
,
it
was
thought
,
that
the
want
of
a
Parliament
,
for
the
time
,
ought
not
to
afford
them
any
immunity
;
and
therefore
it
was
resolved
by
the
Council
,
with
advice
of
the
Lords
of
Session
,
that
the
Court
of
Iustitiary
should
summond
,
and
proceed
to
trial
,
and
sentence
,
against
these
absents
,
whether
they
compeared
or
not
,
and
so
it
was
done
:
Only
because
the
thing
was
new
and
indeed
an
innovation
of
the
old
custom
,
to
make
all
sure
,
in
the
first
Parliament
held
thereafter
,
in
the
Year
1669
,
it
was
thought
fit
to
confirm
these
proceedings
of
the
Justitiary
,
in
that
point
,
and
also
to
make
a
perpetual
statut
,
that
,
in
case
of
open
Rebellion
,
and
Rising
in
armes
against
the
King
,
and
Government
,
the
Treason
,
in
all
time
coming
,
might
by
an
order
from
his
Majestie
's
Council
be
tried
,
and
the
actors
proceeded
against
by
the
Lords
of
Iustitiary
,
even
to
final
sentence
,
whether
the
traitours
compeared
or
not
.
This
being
then
the
present
Law
,
and
custom
,
it
is
apparent
in
the
first
place
that
the
Earl's
case
,
not
being
that
of
an
open
Rebellion
and
Rising
in
Armes
,
is
not
at
all
comprehended
in
the
Act
of
Parliament
,
So
that
it
is
without
question
that
,
if
in
the
beginning
he
had
not
entered
himself
prisoner
,
but
absented
himself
,
the
Lords
of
Iustitiary
could
not
have
gone
further
,
then
,
upon
a
citation
,
to
have
declared
him
fugitive
.
But
others
said
that
the
Earl
having
both
entered
himself
prisoner
,
and
compeared
,
and
after
debate
having
been
found
guilty
,
before
he
made
his
escape
,
the
case
was
much
altered
.
And
whether
the
Court
could
,
notwithstanding
of
the
Earl's
interveening
escape
,
yet
go
on
to
sentence
was
still
debatable
:
for
it
was
alledged
for
the
affirmative
that
seeing
the
Earl
had
twice
compeared
,
and
that
,
after
debate
,
the
Court
had
given
judgment
,
and
the
Assize
returned
their
Verdict
,
so
that
nothing
remained
but
the
pronouncing
of
sentence
,
It
was
absurd
to
think
that
it
should
be
in
the
power
of
the
partie
,
thus
accused
,
and
found
guilty
,
by
his
escape
to
frustrate
justice
,
and
withdraw
himself
from
the
punishment
he
deserved
.
But
on
the
other
hand
it
was
pleaded
for
the
E●rl
;
That
first
,
It
was
a
fundamental
rule
,
That
until
once
the
cause
were
concluded
no
sentence
could
be
pronounced
:
Nixt
that
it
was
a
sure
Maxime
in
Law
,
that
in
Criminal
Actions
there
neither
is
nor
can
be
any
other
conclusion
of
the
cause
then
the
parties
presence
and
silence
;
So
that
,
after
all
that
had
past
,
the
Earl
had
still
freedom
to
adde
what
he
thought
fit
,
in
his
own
defence
,
before
pronouncing
sentence
,
and
therefore
the
Lords
of
Iustitiary
could
no
more
proceed
to
sentence
against
him
being
escaped
then
if
he
had
been
absent
from
the
beginning
,
the
cause
being
in
both
cases
equally
not
concluded
,
and
the
principle
of
Law
uniformly
the
same
,
viz.
that
in
criminals
(
except
in
cases
excepted
)
no
final
sentence
can
be
given
in
absence
:
For
,
as
the
Law
,
in
case
of
absence
from
the
beginning
,
doth
hold
that
just
temper
as
neither
to
suffer
the
contumacious
to
go
altogether
unpunished
,
nor
,
on
the
other
hand
,
finally
to
condemn
a
partie
unheard
.
And
therefore
doth
only
declare
him
fugitive
,
and
there
stops
:
So
in
the
case
of
an
escape
,
before
sentence
,
where
it
cannot
be
said
the
partie
was
fully
heard
,
and
the
cause
concluded
,
the
Law
doth
not
distinguish
,
nor
can
the
parity
of
reason
be
refused
.
Admitting
then
that
the
Cause
was
so
far
advanced
,
against
the
Earl
,
that
he
was
found
Guilty
;
Yet
1.
This
is
but
a
declaring
of
what
the
Law
doth
as
plainly
presume
against
the
partie
absent
from
the
beginning
,
and
consequently
,
of
it self
can
operate
no
further
.
2ly
.
The
finding
of
a
partie
Guilty
is
no
Conclusion
of
the
cause
.
And
3ly
.
As
it
was
never
seen
,
nor
heard
,
that
a
Partie
was
condemned
in
absence
,
(
except
in
excepted
cases
)
whereof
the
Earl's
is
none
,
so
he
having
escaped
and
the
Cause
remaining
thereby
unconcluded
,
the
general
rule
did
still
hold
,
and
no
sentence
could
be
given
against
him
,
It
was
also
remembred
that
the
dyets
and
dayes
of
the
justice
Court
are
peremptour
;
and
that
in
that
case
,
even
in
Civil
●ar
more
in
Criminal
Courts
and
Causes
,
a
Citation
to
hear
Sentence
is
constantly
required
:
which
induced
some
to
think
,
that
at
least
the
Earl
should
have
been
lawfully
cited
to
hear
Sentence
,
before
it
could
be
pronounced
.
But
it
is
like
this
course
,
as
confessing
a
difficulty
,
and
occasioning
too
long
a
delay
,
was
therefore
not
made
use
of
.
However
,
upon
the
whole
,
it
was
the
General
Opinion
,
that
seeing
the
denouncing
the
Earl
Fugitive
would
have
wrought
much
more
in
Law
then
all
that
was
commonly
said
,
at
first
,
to
be
designed
against
him
:
And
that
his
Case
did
appear
every
way
so
favourable
,
that
impartial
men
still
wondered
how
it
came
to
be
at
all
questioned
,
It
had
been
better
to
have
sisted
the
process
,
with
his
escape
,
and
taken
the
ordinary
course
of
Law
,
without
making
any
more
stretches
.
But
as
I
have
told
you
,
when
the
Fryday
came
,
the
Lords
of
Iustitiary
,
without
any
respect
,
or
answer
given
to
the
Petition
above-mentioned
,
given
in
by
the
Countess
of
Argyle
to
the
Court
for
a
stop
,
pronounced
Sentence
,
first
in
the
Court
,
and
then
caused
publish
the
same
,
with
all
solemnity
,
at
the
Mercat
Cross
of
Edinburgh
.
FOr
as
much
as
it
is
found
by
an
Assize
That
Archibald
Earl
of
Argyle
is
guilty
&
culpable
of
the
crimes
of
Treason
,
Leasing-making
,
&
Leasing-●elling
,
for
which
he
was
detained
within
the
castle
of
Edinburgh
,
out
of
which
he
●es
now
since
the
said
Verdict
made
his
Escape
:
Therefore
the
Lords
Commissioners
of
Justitiar●
decern
and
adjudge
the
said
Archibald
Earl
of
Argyle
to
be
execute
to
the
death
,
demained
as
a
traitour
,
and
to
underly
the
paines
of
Treason
,
&
other
punishments
appointed
by
the
lawes
of
this
Kingdom
,
when
he
shall
be
apprehended
,
at
such
a
time
,
and
place
,
and
in
such
manner
as
his
Majesty
in
his
Royall
pleasure
shall
think
fit
to
declare
and
appoint
:
And
his
Name
Memory
and
Honours
,
to
be
extinct
:
And
his
Armes
to
be
riven
forth
,
and
delete
out
of
the
Books
of
Armes
,
swa
that
his
Posterity
may
never
have
place
nor
be
able
hereafter
to
bruick
or
joyse
any
Honour
,
Offices
,
Titles
,
or
Dignities
,
within
this
Realme
in
time
coming
and
to
have
for
faulted
,
●mitted
,
and
tint
,
all
and
sundry
his
Lands
,
Tenements
,
Annua-rents
.
Offices
,
Titles
Dignities
,
Tacks
,
Steedings
,
Rowmes
,
Possessiones
,
Goods
,
and
Geere
what
su●ever
pertaining
to
him
,
to
our
Soveraign
Lord
,
to
remain
perpetually
with
his
Highness
in
property
.
Which
was
pronounced
for
Doom
—
23
December
1681.
After
the
reading
(
and
publishing
)
whereof
,
The
Earl's
Coat
of
Armes
,
by
order
of
the
Court
,
was
also
torn
,
and
ranversed
,
both
in
the
Court
,
and
at
the
Mercat
Cross
:
Albeit
some
thought
that
this
was
rather
a
part
of
the
Execution
,
which
his
Majesties
Letter
discharges
,
then
a
necessary
Solemnity
,
in
the
Publication
,
and
the
Advocate
himself
sayes
.
p
61.
of
his
printed
Criminals
.
That
it
should
only
be
practised
in
the
crime
of
Perduellion
but
not
in
other
Treasons
.
The
Reasons
and
Motives
of
the
Earl's
escape
,
with
the
Conclusion
of
the
whole
Narrative
THE
Earl's
escape
was
at
first
a
great
surprise
,
both
to
his
friends
and
unfriends
:
for
,
as
it
is
known
that
his
Process
,
in
the
beginning
,
did
appear
,
to
the
less
concerned
,
more
like
a
piece
of
pageantry
then
any
reality
;
and
even
by
the
more
concerned
was
accounted
but
a
politik
design
,
to
take
away
his
Offices
,
and
les●en
his
Power
,
and
Interest
:
So
neither
did
any
of
his
Friends
fear
any
greater
hazard
,
no●
did
most
of
his
unfriends
imagine
them
to
be
more
apprehensive
.
Whereby
it
fell
out
,
that
upon
report
of
his
escape
,
many
,
and
some
of
his
well-wishers
,
thought
he
had
too
lightly
abandoned
a
fair
Estate
,
and
the
probable
expectation
he
might
have
had
of
His
Majesties
favour
:
As
also
some
,
that
were
judged
his
greatest
adversaries
,
did
appear
very
angry
,
as
if
the
Earl
had
taken
that
course
,
on
purpose
to
load
them
with
the
odium
of
a
design
against
his
life
.
And
truly
,
I
am
apt
to
think
,
it
was
not
only
hard
and
uneasie
for
others
to
believe
,
that
a
Person
of
the
Earl's
quality
,
and
character
,
should
,
upon
so
slende●
a
pretence
,
be
destroyed
,
both
as
to
life
,
and
fortune
,
but
also
that
he
himself
was
slow
enough
to
receive
the
impressions
necessary
to
ripen
his
resolution
;
and
that
if
a
few
Accidents
,
as
he
sayes
himself
,
happening
a
little
before
his
escape
,
had
not
as
it
were
opened
his
eyes
,
and
brought
back
,
and
presented
to
him
several
things
past
,
in
a
new
light
,
and
so
made
all
to
operate
to
his
final
determination
,
he
had
stayed
it
out
to
the
last
.
Which
that
you
may
the
better
understand
you
may
here
consider
the
several
particulars
,
that
,
together
with
what
he
himself
hath
since
told
some
frineds
,
apparently
occurred
to
him
in
these
his
second
thoughts
,
in
their
following
order
.
And
first
you
have
heard
,
in
the
beginning
of
this
Narrative
,
what
was
the
first
occasion
of
the
Earl
his
declining
in
his
Highness
favour
:
You
may
also
remember
,
that
his
Majesties
Advocate
takes
notice
,
that
he
debated
against
the
Act
enjoyning
the
Test
,
in
the
Parliament
:
And
,
as
I
have
told
you
,
he
was
indeed
the
Person
that
spoke
against
excepting
the
King's
Brothers
,
and
Sons
,
from
the
Oath
then
intended
for
securing
the
Protestant
Religion
,
and
the
Subjects
Loyalty
,
not
thinking
it
fit
to
complement
with
a
Priviledge
where
all
possible
caution
appears
rather
to
be
necessary
:
And
this
a
reverend
Bishop
told
the
Earl
afterwards
had
downright
fired
the
kil●
.
What
thereafter
happened
in
Parliament
,
and
how
the
Earl
was
alwise
ready
to
have
laid
all
his
Offices
at
his
Majesties
feet
:
And
how
he
was
content
,
in
Council
,
to
be
held
a
Refuser
of
the
Test
,
and
thereby
incurr
an
intire
deprivation
of
all
publik
Trust
,
is
above
fully
declared
,
and
only
here
remembred
,
to
show
what
Reason
the
Earl
had
,
from
his
first
coming
to
Edinburgh
,
in
the
end
of
October
,
to
think
that
something
else
was
intended
against
him
then
the
simple
devesting
him
of
his
Employments
and
Jurisdictions
.
And
yet
such
was
his
Assurance
of
his
Innocence
,
that
when
ordered
by
the
Council
to
enter
his
Person
in
Prison
under
the
pain
of
Treason
,
he
entered
freely
,
in
an
Hakney
coach
,
without
either
hesitation
or
noise
,
as
you
have
heard
.
2ly
,
The
same
day
of
the
Earl's
commitment
,
the
Council
met
,
and
wrote
(
as
I
have
told
you
)
their
Letter
to
His
Majesty
,
above
set
down
,
Num.
22.
Wherein
they
expresly
charge
him
with
Reproaching
,
and
Depraving
:
But
yet
neither
with
Perjury
no●
Treason
;
and
a
few
dayes
after
,
the
Earl
wrote
a
Letter
to
his
Highness
;
Wherein
he
did
endeavour
to
remove
his
offence
,
in
termes
that
,
it
was
said
,
at
first
had
given
satisfaction
:
But
yet
the
only
return
the
Earl
had
was
a
criminal
Summonds
containing
an
Indictment
,
and
that
before
any
answer
was
come
from
hi●
Majesty
.
And
then
,
so
soon
as
his
Majesties
answer
came
,
there
was
a
new
Summonds
sent
him
,
with
a
new
Indictment
,
adding
the
crimes
of
Treason
and
●erjury
to
these
of
Reproaching
and
Depraving
,
which
were
in
the
first
Libel
,
as
you
have
heard
above
,
whereby
you
may
perceive
,
how
early
the
design
against
the
Earl
began
to
grow
,
and
how
easily
it
took
encrease
,
from
the
least
encouragment
.
3ly
.
When
the
Earl
petitioned
the
Council
for
Advocates
to
plead
for
him
:
Albeit
he
petitioned
twice
,
and
upon
clear
Acts
of
Parliament
,
yet
he
had
no
be●ter
answer
then
what
you
have
above
set
down
.
And
when
the
Earl's
Petition
,
naming
Sir
George
Lockhart
as
his
ordinary
Advocate
,
was
read
in
Council
,
his
Highness
openly
threatned
,
that
in
case
Sir
George
should
undertake
for
the
Earl
he
should
never
more
plead
for
the
King
nor
Him
.
But
the
Earl
taking
Instruments
upon
Sir
George
his
refusal
,
and
giving
out
,
that
he
would
not
answer
a
word
at
the
Bar
,
seeing
●he
benefite
of
Lawyers
,
according
to
Law
,
was
denyed
him
;
Sir
George
,
and
other
lawyers
,
were
allowed
to
assist
him
,
but
still
with
a
Grudge
.
Likeas
afterwards
,
they
were
qu●stioned
and
conveened
before
the
Council
for
having
,
at
the
Earl's
desire
,
signed
their
positive
Opinion
of
the
case
.
At
which
time
it
was
also
said
in
Council
by
His
Highness
,
That
their
fault
was
greater
▪
then
the
Earl's
:
However
we
see
that
as
he
was
the
occasion
of
the
anger
so
he
hath
only
found
the
smart
of
it
.
4ly
.
The
whole
Process
,
with
the
Judgment
of
the
Lords
of
Iustitiary
,
an●
Verdict
of
the
Assize
,
whereby
the
Earl
was
found
guilty
,
as
you
have
seen
(
notwithstanding
of
what
hath
so
plainly
appeared
and
was
so
strongly
plea●ed
in
his
behalf
)
of
Leasing-making
,
Depraving
,
and
Treason
,
Is
of
it self
a
clear
Demonstration
that
either
the
highest
punishment
was
intended
for
so
high
a
guilt
,
or
that
,
at
least
,
it
was
no
smal
Humilation
that
some
designed
for
him
:
It
being
equally
against
reason
,
and
prudence
,
setting
aside
the
Interest
of
Justice
,
to
strain
things
of
this
nature
beyond
the
ends
truly
purposed
,
and
which
,
in
effect
,
are
only
the
more
to
be
suspected
the
more
they
are
concealed
.
5ly
.
The
Process
being
carried
on
to
the
Verdict
of
the
Assize
,
and
the
Council
being
tyed
up
by
His
Majesties
Letter
,
before
pronouncing
Sentence
,
to
send
a
particular
account
to
his
Majesty
of
what
the
Earl
should
be
found
guilty
of
,
for
His
Majesties
full
information
:
The
Council
doth
indeed
dispatch
away
a
new
Letter
immediatly
,
for
His
Majesties
leave
to
proceed
;
but
in
stead
of
that
particular
account
required
by
his
Majesty
for
his
full
information
,
all
the
information
was
eve●
heard
of
to
be
sent
by
the
Council
was
what
is
contained
in
the
body
of
the
Letter
,
wherein
they
,
briefly
,
bu●
positively
,
affirm
,
That
after
full
debate
,
and
clear
probation
,
he
was
found
guilty
of
Treason
.
Which
,
all
men
must
say
,
was
far
better
contrived
to
prompt
his
Majesty
to
a
speedy
allowance
then
to
give
him
that
particular
information
of
the
case
which
His
Majesties
Letter
expresly
requires
,
and
the
Earl
expected
should
have
been
performed
.
But
further
,
the
Council
was
commanded
to
sign
this
Letter
,
not
simply
in
the
ordinary
form
,
but
by
a
special
Command
laid
on
every
Member
,
and
the
Clerk
appointed
to
go
about
,
and
get
their
Subscriptions
,
telling
them
they
were
Commanded
,
and
complaining
to
the
Duke
when
any
scrupled
to
do
it
.
The
strictness
of
which
orders
is
apparent
enough
from
the
very
Subscriptions
,
where
you
may
not
only
read
the
names
of
Bishops
subscribing
in
causa
sanguinis
,
but
some
of
the
Earl's
Friends
and
Relations
who
wanted
courage
to
refuse
;
And
,
in
effect
,
how
many
of
all
the
Members
did
it
willingly
is
hard
to
say
,
seeing
generally
they
excuse
the
deed
in
private
.
6ly
.
About
a
week
or
two
before
the
Trial
,
the
Earl
had
notice
,
that
at
a
closs
Iuncto
,
where
were
Persons
of
the
greatest
eminency
,
it
was
remembered
by
one
present
,
how
that
Anno
1663.
The
Earl
had
been
pardoned
by
his
Majestie
,
after
he
had
been
found
guilty
by
the
Earl
of
Middletoun
,
and
that
Parliament
.
And
that
then
it
was
looked
on
as
an
error
in
the
Earl
of
Middletoun
,
that
he
had
not
proceeded
to
Execution
,
albeit
his
Majesty
had
given
command
to
the
contrary
,
because
(
as
it
was
said
)
it
would
have
been
but
the
same
thing
to
him
.
But
now
,
adds
this
Kind
Remembrancer
,
The
case
is
much
more
easie
:
Now
His
Royal
Highness
is
on
the
throne
:
It
might
have
cost
Earl
Middletoun
a
frown
,
but
now
it
can
signify
nothing
,
but
will
rather
be
commended
in
His
Royal
Highness
,
as
acting
freely
like
himself
.
The
stop
of
the
sentence
looks
like
a
distrust
,
but
this
will
vindicate
all
and
secure
all
:
And
as
the
first
part
of
the
Story
the
Earl
remembered
well
he
had
hear'd
it
from
the
same
Person
,
An
:
1664
,
&
had
reported
it
to
the
Duke
of
Lawderdale
a
little
after
:
So
the
second
part
being
of
a
very
wellknown
dialect
could
not
but
give
the
Earl
the
deeper
impressions
.
It
was
further
told
the
Earl
,
at
the
same
time
when
the
Councils
Letter
to
obtain
his
Majesties
assent
to
the
pronouncing
Sentence
,
&
leaving
all
to
discretion
,
was
sent
,
that
it
was
thought
fit
that
nothing
should
appear
but
fair
weather
till
the
very
close
.
Yet
was
the
Earl
so
confident
of
his
own
innocence
,
and
His
Majesties
Justice
,
that
he
did
not
doubt
but
his
Majesty
seeing
the
Process
would
,
at
least
,
put
a
stop
to
the
Sentence
.
But
after
the
Councils
Letter
was
gone
,
in
such
Terms
as
you
have
seen
,
to
seek
Liberty
from
his
Majesty
to
proceed
to
Sentence
(
without
either
double
,
or
abbreviat
of
the
Process
sent
with
it
)
and
no
doubt
smooth
insinuations
made
with
it
that
all
designed
was
to
humble
the
Earl
,
or
clip
his
wings
:
And
that
this
Letter
was
hasted
away
by
a
fleeing
packet
to
prevent
the
Earl's
Application
,
which
it
could
not
but
do
;
and
so
could
not
but
have
weight
,
and
prevail
with
his
Majesty
,
(
to
whom
the
Earl's
Petition
,
as
coming
too
late
,
was
indeed
never
presented
)
Then
,
and
not
till
then
,
The
Earl
began
to
have
new
thoughts
.
7ly
The
Earl's
Trial
having
been
upon
moonday
,
and
twesday
the
12th
and
13th
of
December
:
upon
the
14th
,
the
Councils
Letter
was
dispatched
:
and
upon
the
15th
,
The
Earl
intreated
,
by
a
●riend
,
for
liberty
to
speak
to
His
Royal
Highness
;
whose
answer
was
,
That
it
was
not
ordinary
to
speak
to
criminals
,
except
with
Rogues
on
some
plot
,
where
discoveries
might
be
expected
:
Yet
his
Highness
said
,
he
would
advise
upon
it
.
But
,
upon
fryday
the
16.
he
did
refuse
it
.
Yet
the
Earl
did
renew
his
suit
,
and
urged
,
that
he
had
sent
a
Petition
to
his
Majesty
,
which
was
the
first
he
had
sent
upon
that
occsiaon
,
&
that
,
before
the
return
should
come
,
he
was
desirous
to
have
his
Highness
answer
,
that
he
might
owe
some
part
of
the
favour
he
expected
to
his
Highness
.
But
on
Moonday
morning
,
the
19.
the
Earl
was
told
,
he
was
not
like
to
have
any
access
,
and
,
in
the
afternoon
,
he
heard
that
the
return
of
the
Councils
Express
was
looked
for
,
on
thursday
the
22.
being
the
Council
day
.
And
further
,
That
the
Justice
court
(
which
according
to
its
custom
had
sat
the
same
Moonday
,
and
,
in
course
,
should
have
adjourned
till
Moonday
the
26
of
December
,
or
,
because
of
Christmas
,
to
the
first
Moonday
of
January
,
was
,
for
the
Earl's
sake
,
adjourned
till
Fryday
the
23.
to
the
end
that
immediatly
upon
the
Kings
Return
they
might
pronounce
Sentence
.
He
was
moreover
informed
that
his
Royal
Highness
was
heard
say
,
that
,
if
the
express
returned
not
timeously
,
he
would
take
upon
himself
what
was
to
be
done
.
Which
being
general
,
and
dark
,
was
the
more
to
be
suspected
.
All
this
,
the
Earl
told
,
made
him
the
same
Moonday
late
cast
in
his
thoughts
whether
it
were
not
fit
for
him
to
attempt
an
escape
;
but
his
doubtings
were
so
many
he
could
resolve
nothing
,
that
night
,
except
to
put
off
till
Wednesday
.
Yet
on
Twesday
morning
he
began
to
think
,
if
he
did
at
all
design
to
escape
,
he
had
best
do
it
that
same
evening
.
However
he
was
,
even
then
,
not
fully
resolved
,
not
had
he
as
yet
spoke
one
word
of
it
to
any
mortal
.
But
about
ten
of
the
Clock
this
Twesday
,
his
Highness
absolute
refusal
to
suffer
the
Earl
to
see
him
,
untill
his
Majesties
Return
came
,
was
confirmed
:
And
about
Noon
the
Earl
heard
that
some
Troups
and
a
Regiment
of
foot
were
come
to
Town
:
And
that
,
the
Next
day
,
he
was
to
be
brought
down
from
the
Castle
to
the
common
Jail
(
from
which
Criminals
are
ordinarily
carried
to
Execution
)
and
then
he
resolved
to
make
his
escape
,
that
very
night
,
and
yet
did
not
conclud
it
throughly
till
five
of
the
Clock
in
the
evening
:
At
which
time
he
gave
directions
about
it
,
not
thinking
to
essay
it
,
till
near
ten
:
But
at
seven
one
coming
up
from
the
city
,
and
telling
him
that
new
orders
were
privatly
given
for
further
securing
of
him
,
that
the
Castle
guards
were
doubled
,
and
none
suffered
to
go
out
without
showing
their
faces
,
and
that
some
Ladies
had
been
already
put
to
do
it
,
and
therefore
disswading
him
to
attempt
any
escape
,
because
it
was
impossible
:
the
Earl
said
,
No
,
then
it
is
full
time
.
And
so
he
made
haste
,
and
within
half
an
hour
after
,
by
Gods
blessing
,
got
safe
out
,
questioned
pretty
warmly
by
the
first
sentry
,
but
not
at
all
by
the
main
guard
,
and
then
,
after
the
great
gate
was
opened
,
and
the
lower
guard
drawn
out
double
,
to
make
a
lane
for
his
company
,
one
of
the
guard
who
opened
the
gate
took
him
by
the
arm
,
and
viewed
him
:
But
it
pleased
God
he
was
not
discerned
.
When
he
was
out
,
he
was
not
fully
resolved
whither
to
go
:
Home
he
had
judged
safest
:
But
he
thought
it
might
breed
Mistakes
and
Trouble
that
he
designed
not
:
So
he
resolved
to
go
for
England
,
and
to
take
the
road
;
That
by
Post
he
might
be
his
Majesties
first
informer
of
his
escape
,
But
,
being
disappointed
of
horses
that
he
expected
,
he
found
that
the
notice
of
his
escape
was
got
before
him
;
And
soon
after
,
as
he
came
the
length
of
Newcastle
,
heard
that
his
Majesty
had
given
way
to
pronounce
Sentence
against
him
,
according
as
he
had
apprehended
from
the
circumstances
and
other
grounds
I
have
told
you
,
which
made
him
judge
,
it
would
be
an
undiscreet
presumption
,
in
that
state
,
to
offer
himself
to
his
Majesty
,
while
he
knew
none
durst
address
him
,
and
so
he
rather
choosed
to
shift
in
the
wide
World
,
till
his
Majesty
might
be
at
some
greater
freedom
both
to
understand
his
case
and
apply
suitable
remedies
.
His
Majesties
clear
and
excellent
understanding
,
and
gracious
and
benign
disposition
,
do
fully
assure
him
,
that
his
Majesty
doth
not
,
in
his
thoughts
,
charge
him
with
the
least
Disloyalty
,
and
that
he
hath
no
Complacence
in
his
ruine
.
But
if
His
Majesty
do
,
at
present
,
ly
under
the
pressure
ofsome
unlucky
influences
,
not
so
easy
to
his
Royal
inclinations
,
the
Earl
,
it
seemes
,
thinks
it
reasonable
to
wait
patiently
for
a
better
opportunity
.
It
may
indeed
appear
strange
,
that
Innocence
,
&
Honour
,
oppressed
in
his
Person
,
almost
beyond
a
parallel
,
should
not
,
ere
now
,
have
constrained
him
to
some
publik
Vindication
:
Especially
when
to
the
horrid
Sentence
given
against
him
his
Adversaries
have
further
prevailed
to
cause
His
Majesty
dispose
,
not
only
of
his
Heritable
Offices
,
and
Jurisdictions
(
the
pretended
eye
-
sore
)
But
also
upon
his
whole
Estate
,
and
Fortune
,
with
as
little
consideration
of
the
Earl's
personal
Interest
as
if
he
had
fallen
for
the
blackest
Treason
,
and
most
atrocious
Perduellion
.
But
,
besides
that
some
things
are
of
themselves
so
absurdly
wicked
that
all
palliating
pretences
do
only
render
them
the
more
hateful
,
and
the
very
simple
hearing
doth
strike
with
an
horrour
,
not
to
be
hightned
by
any
representation
:
Next
that
the
Earl
,
being
so
astonishingly
overtaken
for
words
,
as
fairly
and
honestly
uttered
as
he
could
possibly
devise
,
doth
,
with
reason
,
apprehend
that
there
is
nothing
he
can
say
in
this
matter
,
though
with
the
serenest
mind
,
and
in
the
greatest
truth
,
and
sobriety
,
that
may
not
be
construed
to
flow
from
a
design
to
lay
blame
where
hitherto
he
hath
been
tender
to
give
any
ground
of
offence
.
I
say
(
beside
these
things
)
he
is
withall
(
I
know
)
most
firmly
perswaded
,
That
,
if
ever
he
shall
have
the
happiness
to
be
once
heard
by
His
Majesty
,
and
in
his
presence
allowed
to
explain
a
few
Particulars
,
in
duty
here
omitted
,
His
Majesties
justice
,
and
goodness
will
quickly
dispell
all
the
clouds
that
now
hang
over
him
,
and
restore
him
to
that
favour
wherein
he
hath
sometime
reckoned
himself
very
happy
,
and
which
he
will
ever
be
most
ready
to
acknowledge
.
And
therefore
all
that
in
the
mean
time
he
judged
necessary
,
or
would
give
way
to
,
was
that
for
preserving
the
remembrance
of
so
odd
a
Transaction
,
untill
a
more
seasonable
juncture
,
some
Memorials
should
be
drawn
,
and
deposited
in
sure
keeping
:
which
being
grown
under
my
hand
unto
this
Narrative
,
I
thought
,
I
could
not
better
observe
his
order
then
by
transmitting
it
to
your
faithful
custody
.
I
have
carefully
there
in
observed
the
truth
,
in
point
of
fact
,
avouching
nothing
but
upon
the
best
and
clearest
evidence
can
possibly
be
expected
:
not
have
I
,
as
to
the
manner
,
licenced
or
indulged
my self
in
any
severity
of
expression
,
which
,
I
thought
,
could
be
justly
,
in
such
a
case
,
omitted
,
without
betraying
the
Cause
.
Yet
if
you
now
,
or
any
other
hereafter
,
shall
judge
,
that
I
do
sometime
exceed
,
let
it
not
be
imputed
to
him
,
for
,
as
he
did
indeed
charge
me
to
guard
against
any
more
warm
or
vehement
expression
then
the
merit
and
exigence
of
the
subject
do
indispensibly
require
,
so
I
am
assured
that
he
silently
,
and
patiently
,
waits
on
the
Lord
,
committing
his
way
to
him
,
and
trusting
in
him
,
that
he
may
bring
it
to
passe
:
and
that
he
shall
bring
forth
his
righteousness
as
the
light
,
and
his
judgment
as
the
noon-day
.
POSTSCRIPT
.
SIR
,
HAving
in
this
Narrative
sometimes
adduced
,
as
you
have
seen
,
the
Advocate
's
own
authority
,
ad
hominem
,
I
shall
here
,
as
I
promised
,
subjoin
such
passages
out
of
his
printed
Book
as
,
though
they
deserved
not
a
place
above
,
may
yet
make
a
pertinent
POSTSCRIPT
.
And
,
omitting
what
in
that
Book
,
called
The
Laws
and
Customs
of
Scotland
in
matters
criminal
he
frequently
repeats
,
from
the
known
grounds
of
Law
,
of
the
nature
of
crimes
and
the
design
of
criminal
Laws
;
viz.
That
as
there
can
be
no
crime
without
a
fraudulent
purpose
,
either
apparent
or
proven
;
So
it
was
the
design
of
Lawgivers
,
only
to
punish
such
acts
as
are
designedly
malicious
.
I
desire
you
only
to
consider
the
particulars
following
.
And
1
Pag.
〈◊〉
l.
7.
of
his
Book
of
Criminals
,
having
made
the
question
,
Whether
what
tends
to
a
crime
,
not
perfected
,
doth
fall
under
the
Statut
,
or
Law
,
by
which
that
crime
to
which
it
approaches
is
punished
:
He
instances
in
the
crime
of
Misconstruing
His
Majesties
Government
,
and
Proceedings
,
or
depraving
his
Laws
,
which
as
he
sayes
,
is
punishable
by
death
Ja.
6.
Par.
10.
Act
10.
And
then
further
moves
,
Whether
papers
,
as
tending
to
misconstrue
His
Majesties
proceedings
,
and
Government
,
or
bearing
insinuations
which
may
raise
in
the
people
jealousy
against
the
Government
,
be
punished
by
that
Law
.
Which
being
one
of
the
great
crimes
pretended
and
libelled
against
the
Earl
,
I
shall
here
(
omitting
his
reasons
in
the
affirmative
,
which
have
not
the
least
ground
in
the
Earl's
case
,
as
you
have
heard
)
represent
to
you
how
exactly
he
himself
,
and
others
,
have
acted
,
for
the
Earl's
overthrow
,
all
these
dangerous
,
and
pernicious
things
,
from
which
he
argues
in
the
negative
.
His
words
then
are
these
.
And
that
such
insinuations
,
and
tendencies
are
not
punished
criminally
,
he
sayes
.
1.
It
is
the
interest
of
mankind
to
know
expresly
what
they
are
to
obey
,
especially
where
such
great
certifications
are
annexed
as
in
crimes
.
2.
The
Law
,
having
taken
under
its
consideration
this
guilt
,
hes
punished
the
actual
misconstruing
,
or
depraving
;
but
hes
not
declared
such
insinuations
or
tendencies
punishable
:
Et
in
statutis
casus
omissus
habetur
pro
omisso
.
3.
This
would
infallibly
tend
to
render
all
judges
arbitrary
;
for
tendencies
and
insinuations
are
in
effect
the
product
of
conjecture
,
and
papers
may
seem
innocent
,
or
criminall
,
according
to
the
zeal
,
or
humour
,
as
well
as
malice
of
judges
;
men
being
naturally
prone
to
differ
in
such
consequentiall
inferences
,
and
too
apt
to
make
constructions
in
such
,
according
to
the
favour
or
malice
they
bear
to
the
Person
or
Cause
:
Are
not
some
men
apt
to
construct
that
to
tend
to
their
dishonour
which
was
designed
for
their
honour
;
and
to
think
every
thing
an
innovation
of
Law
or
Priviledge
which
checks
their
inclination
and
design
?
Whereas
some
judges
are
so
violent
in
their
Loyalty
as
to
imagine
the
meanest
mistaks
do
tend
to
an
opposition
against
Authority
;
and
thus
Zeal
,
Iealousie
,
Malice
,
or
Interest
would
become
judges
.
4.
Men
are
so
silly
,
or
may
be
in
such
haste
,
or
so
confounded
,
(
and
the
best
are
subject
to
such
mistakes
)
as
that
no
man
could
know
when
he
were
innocent
;
simplicity
might
oft
times
become
a
crime
,
and
the
fear
of
offending
might
occasion
offence
,
and
how
uncomfortably
would
the
people
live
,
if
they
knew
not
how
to
be
innocent
.
2ly
.
p
:
47
l
9.
Of
the
same
Book
,
he
sayes
,
That
the
8th
Point
of
Treason
is
to
impugn
the
dignity
,
and
Authority
of
the
three
Estates
;
or
to
seek
,
and
procure
the
innovat
on
and
diminution
of
their
Power
,
and
Authority
.
Act
103.
Ja.
6.
p.
6.
Now
this
being
another
of
the
crimes
charged
upon
the
Earl
,
hear
how
the
Advocate
there
understands
it
.
But
this
(
he
adds
immediatly
)
is
to
be
understood
of
a
(
N.
B.
)
direct
impugning
of
their
Authority
;
as
if
it
were
contended
,
that
Parliaments
were
not
necessary
,
or
that
one
of
the
three
Estates
might
be
turned
out
.
Which
how
vastly
different
from
his
indirect
,
forced
,
and
horrible
inferences
,
in
the
Earl's
case
,
is
plain
and
obvious
.
3ly
,
ibid.
p.
58.
l.
2.
After
having
said
,
That
,
according
to
former
Laws
,
no
sort
of
Treason
was
to
be
persued
in
absence
before
the
Justices
;
And
urging
it
to
be
reasonable
,
he
adds
,
Nor
is
it
imaginable
but
if
it
had
been
safe
it
had
been
granted
formerly
.
And
l.
31.
he
sayes
,
The
Justices
are
never
allowed
,
even
by
the
late
Act
of
Parliament
,
to
proceed
to
sentence
against
absents
,
but
such
as
are
persued
for
Rising
in
Armes
against
the
King
The
true
reason
whereof
,
he
tells
us
,
is
that
the
Law
is
not
so
inhumane
as
to
punish
equally
presumed
and
reall
guilt
:
And
that
it
hath
been
often
found
,
that
men
have
absented
themselves
rather
out
of
fear
of
a
prevailing
Faction
,
or
currupt
witnesses
&c.
then
out
of
consciousness
of
guilt
:
Reasons
which
albeit
neither
true
nor
just
,
(
seeing
that
the
Law
punishes
nothing
,
even
in
case
of
absence
,
but
either
manifest
contumacie
,
or
crimes
fully
proven
:
And
that
the
only
reason
why
it
allowes
no
other
crime
save
Perduellion
to
be
proceeded
against
in
absence
is
because
it
judges
no
other
crime
tanti
)
yet
you
see
how
this
whole
passage
quadrats
with
the
Earl's
case
;
Who
being
neither
persued
for
perduellion
,
nor
present
at
giving
sentence
,
was
yet
sentenced
in
absence
,
as
a
most
desperate
traitour
.
4ly
.
ibid:
p.
60.
l.
24.
Speaking
of
the
Solemnities
used
in
Parliament
,
at
the
pronouncing
sentences
for
Treason
;
viz.
That
the
Pannel
receives
his
sentence
kneeling
:
and
that
after
the
doom
of
for
faulture
pronounced
against
him
,
the
Lyon
,
and
his
Brethren
the
Heraulds
,
in
their
formalities
come
&
tear
his
Coat
of
armes
at
the
Throne
;
and
thereafter
hang
up
his
Eschucheon
ranversed
upon
the
mercat
Crosse
:
he
adds
,
But
this
,
I
think
,
should
only
hold
,
in
the
crime
of
Perduellion
,
and
then
goes
on
to
add
.
That
the
children
of
the
delinquent
are
declared
incapable
to
bruik
any
Office
or
Estate
is
another
Speciality
introduced
in
the
punishment
of
Perduellion
only
.
And
yet
both
these
terrible
Solemnities
were
practised
against
the
Earl
,
even
by
a
Court
of
Iustitiary
,
and
not
in
Parliament
:
albeit
he
was
not
accused
of
Perduellion
,
nor
be
indeed
more
guilty
of
any
crime
then
all
the
world
sees
.
5ly
ibid:
page
303
l.
ult
,
he
sayes
,
That
verbal
injuries
are
these
that
are
committed
by
unwarrantable
expressions
,
as
to
call
a
man
a
Cheat
,
a
woman
whore
:
But
because
expressions
may
vary
,
according
to
the
intention
of
the
speaker
;
therefore
except
the
words
can
allow
of
no
good
sense
,
as
whore
or
thief
,
or
that
there
be
strong
presumptions
against
the
speaker
,
the
injuriandi
animus
,
or
design
of
injuring
,
as
well
as
the
injuring
words
,
must
be
proven
:
and
the
speaker
will
be
allowed
to
purge
his
guilt
by
declaring
his
intention
;
and
his
declaration
,
without
an
Oath
,
will
be
sufficient
.
2ly
.
The
persuer
should
libell
the
design
,
and
prove
it
,
except
the
words
clearly
inferre
it
.
3ly
.
The
persuer
is
presently
to
resent
the
injurie
,
and
if
,
at
first
,
the
words
be
taken
for
no
injurie
they
cannot
afterward
become
such
.
Which
things
,
being
applied
to
the
Earl's
words
,
do
evident
I
,
say
:
That
unless
his
words
could
allow
of
no
good
sense
,
or
that
there
were
strong
presumptions
against
him
,
or
that
he
could
not
purge
his
guilt
,
by
declaring
his
intention
,
or
that
his
words
did
clearly
inferre
the
guilt
,
there
could
be
no
crime
of
Slandering
Reproaching
or
Depraving
,
charged
against
him
,
except
the
injuriandi
animus
,
as
well
as
the
words
,
had
been
both
libelled
,
and
proven
.
But
so
it
is
that
his
words
do
manifestly
a
low
of
a
good
sense
,
that
there
is
not
the
least
presumption
of
injurie
can
be
alledged
against
him
;
That
he
did
most
plainly
purge
himself
of
all
suspicion
of
guilt
,
by
declaring
his
sound
and
upright
intention
;
And
that
his
words
do
not
inferre
,
either
clearly
,
or
unclearly
,
the
smallest
measure
of
guilt
;
And
withall
neither
was
the
injuriandi
animus
at
all
proven
;
But
on
the
contrary
,
the
words
at
first
were
taken
for
no
injurie
;
so
that
they
could
not
afterward
become
such
,
As
is
above
fully
cleared
:
Ergo
,
even
the
Advocate
being
judge
,
the
Earl
is
no
Slanderer
.
6ly
.
If
it
were
necessary
,
I
could
further
tell
you
several
things
that
he
alledges
to
be
sufficient
for
purging
a
man
of
any
criminal
intention
:
As
,
where
he
sayes
,
ibid.
p.
563.
l.
2.
That
,
in
matters
of
fact
,
persons
,
even
judicious
,
following
the
Faith
of
such
as
understand
,
are
to
be
excused
.
And
l.
30.
That
,
if
it
appear
by
the
meanness
of
the
crime
(
he
should
say
the
smalness
of
the
deed
:
And
what
can
be
less
then
the
uttering
of
a
few
words
in
the
manner
that
the
Earl
spoke
them
?
)
That
there
was
no
design
of
transgression
;
And
that
the
committer
designed
not
,
for
so
small
a
matter
to
committ
a
crime
(
much
less
such
horrid
ones
as
Depraving
and
Treason
)
In
that
case
,
the
meanness
of
the
transgression
(
or
deed
)
ought
to
defend
against
the
relevancy
&c.
But
to
give
you
one
instance
for
all
,
how
much
the
Advocate
may
,
one
day
or
other
,
be
oblidged
to
plead
the
innocence
of
his
intentions
,
to
free
himself
of
words
downright
in
themselves
slanderous
and
depraving
an
act
of
Parliament
;
much
better
nor
he
understands
it
,
and
in
fresh
,
and
constant
observance
.
Ibid.
p
:
139
,
towards
the
middle
,
speaking
of
the
151.
Act.
Ja.
6.
P.
12.
Whereby
it
is
statut
:
That
seeing
diverse
exceptions
,
and
objections
riles
upon
criminal
libells
,
and
parties
are
frustrate
of
Justice
by
the
alledged
irrelevancy
thereof
.
That
in
time
coming
all
criminal
libells
shall
contain
,
that
the
persons
complained
on
are
Art
&
Part
of
the
crimes
libelled
;
which
shall
be
relevant
to
accuse
them
thereof
:
swa
that
no
exception
,
or
objection
take
away
that
part
of
the
libell
in
time
coming
.
He
sayes
,
That
he
finds
no
Act
of
Parliament
more
unreasonable
,
For
the
statutory
part
of
that
Act
,
committing
the
triall
of
Art
and
Part
to
Assizers
,
seemes
most
unjust
:
Seeing
in
committing
the
greatest
questions
of
the
Law
to
the
most
ignorant
of
the
Subjects
,
it
puts
a
sharp
sword
in
the
hands
of
blind
men
.
And
the
reason
of
this
Act
▪
specified
in
the
Narrative
is
likewise
most
inept
,
and
no
wayes
illative
&c.
What
reproaches
!
What
Blasp
hemies
!
The
Earl
said
not
one
word
against
any
Act
of
Parliament
:
But
on
the
contrary
,
that
he
was
confident
the
Parliament
intended
no
contradiction
,
and
that
he
was
willing
to
take
the
Test
in
the
Parliaments
sense
.
But
here
the
Ad●ocate
both
sayes
and
prints
it
,
That
an
Act
of
Parliament
is
most
unreasonable
and
most
unjust
,
and
its
reason
most
inept
,
and
that
it
puts
a
sharp
sword
in
the
hands
of
blind
men
Whereof
the
smallest
branch
is
infinitly
more
reproachfull
then
all
can
be
strained
out
of
the
Earl's
words
.
But
Sir
,
Speculation
is
but
Speculation
and
if
the
Advocate
when
his
day
comes
,
be
as
able
to
purge
himself
of
practical
depravations
as
I
am
inclined
to
excuse
all
his
visionarie
lapses
,
notwithstanding
of
the
famous
Title
Quod
quisque
juris
in
alt●r●m
statuerit
utipse
eodem
jure
utatur
,
he
shall
never
be
the
worse
of
my
censure
.
FINIS
.
APPENDIX
In
Answer
to
a
late
Pamphlet
called
,
A
Vindication
of
His
Majesties
Government
,
and
Judicatories
,
in
Scotland
,
—
Especially
with
a
Relation
to
the
late
Earl
of
Argyl's
Process
,
In
so
far
as
concerns
the
said
Process
.
IT
now
remains
that
we
consider
the
fore-mentioned
Paper
called
a
Vindication
&c.
,
And
though
the
account
you
have
had
in
the
Narrative
may
abundantly
satisfy
all
rational
men
as
to
any
thing
contained
in
this
Vindication
,
in
relation
to
the
Earl's
process
(
my
only
concern
)
yet
because
the
Writer
of
it
hath
taken
liberty
to
vent
many
falshoods
,
known
to
be
such
to
himself
,
and
the
whole
Kingdom
;
and
that
in
such
a
positive
,
presuming
Stile
,
as
,
with
his
insinuat
character
,
seems
to
be
purposely
designed
to
impose
upon
strangers
,
and
lead
them
from
the
Mist
he
pretends
to
discuss
into
gross
Darkness
;
I
shall
here
,
without
giving
you
the
trouble
of
letter
upon
letter
,
transcribe
shortly
what
my
friend
,
who
sent
me
the
Narrative
,
hath
since
given
me
the
occasion
to
remark
upon
this
Vindication
,
in
so
far
as
it
refers
to
it
;
without
digressing
to
other
things
,
which
no
doubt
others
,
more
concerned
,
and
better
qualified
,
will
not
fail
to
examin
.
And
,
after
having
first
wisely
projected
to
disarm
all
his
opponents
,
by
robbing
them
of
the
liberty
of
the
press
;
that
himself
may
use
it
,
without
control
,
and
spread
his
informations
,
and
vindications
without
reply
,
as
Diurnals
writ
for
Regulation
Of
Lying
to
enform
the
Nation
.
And
,
in
the
nixt
place
,
chaffed
himself
by
some
rambling
reflections
on
past
controversies
(
which
yet
,
for
all
the
boast
he
makes
of
the
present
blessed
composure
of
affairs
in
Scotland
,
if
he
and
his
associats
still
persist
to
treat
them
after
their
manner
,
will
,
I
fear
,
never
finally
end
,
untill
they
be
reacted
,
and
all
former
errors
for
ever
corrected
)
He
comes
to
notice
the
Earl's
Process
,
and
a
pamphlet
called
,
the
Scotch
mist
,
that
takes
pains
,
as
he
sayes
,
to
make
it
appear
an
unanswerable
instance
of
the
arbitraryness
of
Scotch
Iudges
.
Where
having
prefaced
just
as
much
in
their
vindication
as
may
be
said
for
all
the
Judges
of
the
world
,
whereof
yet
we
know
that
thousands
are
ignorant
,
corrupt
,
and
violent
:
And
nixt
told
us
,
very
discreetly
,
that
Earl
Strafford
was
murthered
by
King
,
Lords
,
and
Commons
,
because
forsooth
that
they
following
the
known
rule
of
the
civil
Law
,
Si
quam
paenam
Princeps
irrogavit
nec
ad
exemplum
trahitur
,
nec
per
sonam
transgreditur
,
made
an
Act
,
That
none
should
die
by
that
preparative
;
with
some
other
stories
of
the
like
nature
,
backed
with
a
few
fables
of
his
own
invention
.
For
clearing
matter
of
Fact
he
sayes
,
first
,
That
the
Earl
of
Argyl's
learned
Iudges
were
not
a
pack't
Commission
,
but
the
ordinary
judges
of
the
Nation
.
But
what
then
,
if
this
lessen
their
tentation
,
doth
it
not
rather
aggravat
their
injustice
?
But
2ly
.
Not
to
trouble
you
with
the
just
and
true
characters
of
some
of
them
(
which
to
persons
unacquainted
might
possibly
appear
a
libel
)
is
it
not
well
known
,
that
,
at
the
first
,
and
untill
sufficient
assurances
of
the
bench
were
obtained
,
there
was
a
resolution
to
have
given
,
or
pack't
(
as
our
Author
speaks
)
Assessors
with
them
?
3ly
.
Were
they
not
all
Judges
of
the
late
edition
,
to
wit
,
no
more
advitam
,
or
culpam
,
as
of
old
,
but
durante
beneplacito
?
And
4ly
.
Are
not
such
as
were
most
forward
,
and
active
,
in
the
Earl's
comdemnation
,
proportionally
rewarded
?
And
as
for
the
Earl's
Jurors
or
Assizers
,
you
have
heard
a
full
account
of
them
,
in
the
Narrative
.
2ly
.
Our
Author
tells
us
,
That
the
King
,
and
his
Ministers
were
under
no
tentation
,
against
the
Earl
:
That
there
was
no
design
against
his
life
:
That
His
Royal
Highness
,
albeit
informed
of
an
escape
intended
,
yet
gave
express
order
not
to
keep
him
strictly
,
even
after
he
was
found
guilty
;
As
also
His
Highness
ordered
,
that
Advocates
should
be
prest
to
appear
for
him
:
And
in
fine
that
the
Earl
was
very
discreetly
,
and
respectfully
used
.
And.
1.
As
to
His
Majesty
,
He
is
indeed
most
freely
assoiled
of
all
,
either
inclination
or
tentation
in
this
matter
,
except
that
of
importunity
.
But
2ly
.
For
His
Ministers
the
contrivers
,
and
actors
,
their
tentations
may
be
guessed
at
,
by
what
is
said
in
the
Narrative
:
And
if
they
also
had
none
,
it
only
sayes
that
they
run
without
driving
,
and
are
the
lesse
excusable
.
3ly
.
How
forward
His
Highness
and
the
Council
were
to
press
Advocates
,
in
the
Earl's
cause
,
and
to
grant
his
Petitions
,
though
founded
on
clear
Acts
of
Parliament
;
how
false
it
is
that
his
Royal
Highness
had
any
information
of
the
Earl's
intention
to
escape
,
and
notwithstanding
ordered
that
he
should
not
be
strictly
keept
;
and
whether
or
not
there
was
a
design
to
take
the
Earl's
life
;
you
have
already
(
and
I
hope
plainly
and
satisfyingly
)
seen
in
the
Narrative
:
But
pray
remark
the
folly
of
this
self-condemned
reasoning
.
For.
1.
If
the
Earl
was
truly
guilty
of
these
worst
of
crimes
,
Leasing-making
,
Depraving
,
and
Treason
,
why
should
he
not
have
died
?
And
if
he
was
not
guilty
,
what
wickedness
was
it
to
give
Sentence
against
both
his
Life
and
Fortune
,
and
since
,
by
disposing
on
his
whole
estate
,
to
execut
it
as
far
as
possible
?
And
2ly
.
Is
it
not
a
pleasant
conceit
to
imprison
,
arraign
for
Treason
,
and
find
guilty
,
and
crave
leave
to
Sentence
,
a
Person
of
the
Earl's
quality
;
And
then
to
take
away
all
his
Estate
;
and
yet
to
tell
the
world
,
there
was
no
design
against
his
Life
?
Solomon
sayes
,
As
a
Mad
man
,
who
casteth
firebrands
,
arrows
,
and
death
,
so
is
the
man
that
deceiveth
(
much
more
condemneth
)
his
nighbour
,
and
saith
,
am
not
I
in
sport
?
And
Machiavel
(
whose
Politiks
,
may
be
,
with
some
are
in
more
request
then
Solomons
Proverbs
)
taxeth
it
as
no
less
impolitik
to
take
away
a
man's
Estate
,
and
yet
spare
his
Life
.
And
yet
notwithstanding
ou●
wiser
,
and
more
politik
Author
will
have
us
to
believe
neither
.
But
4ly
.
Yet
the
Earl
was
very
respectfully
used
.
And
this
must
go
far
from
such
hands
:
And
was
he
not
indeed
so
,
when
he
was
.
1.
Summarly
imprisoned
,
without
Bale
,
or
Mainprise
?
2ly
.
Arraigned
before
the
Justice-Court
,
and
not
reserved
to
the
Parliament
,
as
is
usual
for
Persons
of
his
rank
,
especially
the
Parliament
being
then
current
,
and
its
next
Session
near
approaching
?
3ly
.
Refused
access
to
,
or
opportunity
to
speak
with
His
Royal
Highness
,
though
it
was
often
and
much
desired
?
And
4●ly
.
When
by
the
Sentence
his
Blood
was
tainted
,
his
Posterity
disabled
,
and
his
Escucheon
and
Arms
thereafter
torn
,
and
ranversed
,
as
if
he
had
been
the
worst
of
traitors
?
I
grant
,
it
was
observed
,
that
the
debate
in
the
Process
was
managed
,
on
both
hands
,
with
a
more
then
ordinary
coolness
:
but
as
something
must
be
imputed
,
on
the
one
part
,
to
His
Majesties
Advocat's
secret
conviction
of
these
strange
impertinencies
whereunto
the
discharge
of
his
Office
obliged
him
,
and
on
the
other
hand
,
to
the
Earl's
Advocates
their
perswasion
,
that
his
words
were
so
innocent
that
hardly
any
thing
could
be
said
that
was
not
equally
criminal
;
so
it
is
certain
that
the
main
cause
was
,
that
both
the
one
and
the
other
knew
that
the
design
was
laid
,
and
the
issue
inevitable
.
Thirdly
.
This
Vindicator
sayes
,
That
the
Earl's
Jurisdictions
and
Estate
could
be
no
tentation
;
for
the
late
Advocate
had
given
such
reasons
against
his
Right
to
these
Iurisdictions
and
Superiorities
as
could
not
be
answered
;
and
that
the
King
got
nothing
;
for
his
Royal
Highness
procured
more
of
it
to
his
children
then
belonged
to
the
Family
,
debts
being
payed
:
And
the
remainder
was
given
among
the
Creditors
,
and
the
tithes
returned
to
the
Church
.
But.
I.
Our
Author
goes
on
still
to
disown
tentations
,
which
can
signify
nothing
,
save
to
confirm
more
and
more
that
the
Earl
was
overthrown
and
ruined
by
pure
Mal●ce
.
For
if
there
was
no
tentation
,
either
against
his
Person
,
or
Estate
,
and
yet
notwithstanding
of
his
innocence
(
which
all
men
see
)
the
former
be
subjected
to
a
Sentence
of
death
,
and
the
later
quite
taken
from
him
,
must
not
this
strange
severity
proceed
from
a
very
extraordinary
good
Nature
?
2ly
.
Our
Author
disowns
any
design
against
the
Earl's
life
:
But
affirms
,
That
there
are
reasons
unanswerable
against
his
Iurisdictions
,
and
Estate
.
And
yet
instead
of
making
use
of
these
reasons
civily
,
to
take
away
his
Jurisdictions
,
and
Estate
,
his
life
is
criminally
,
and
principally
persued
.
How
are
these
things
consistent
?
But
that
which
is
crooked
cannot
be
made
straight
.
3ly
.
It
is
false
that
ever
the
late
Advocate
,
or
any
other
,
represented
any
reasons
,
far
less
unanswerable
ones
,
against
the
Earl's
Rights
,
either
to
his
Estate
▪
or
Superiorities
.
And
the
whole
truth
in
this
matter
is
that
he
did
indeed
offer
some
reasons
to
the
Exchequer
,
against
the
Earl's
Right
to
his
Jurisdictions
,
but
which
,
at
the
same
time
,
were
so
evidently
refelled
,
by
shewing
,
that
the
Earl's
Rights
were
long
anterior
,
and
no
way
touched
by
all
the
Acts
of
Parliament
whereon
he
founded
,
that
His
Majesty
,
after
full
information
,
did
,
first
by
his
Letter
(
a
copy
whereof
ye
will
find
subjoyned
)
expressly
order
the
passing
,
and
confirming
of
the
Earl's
Rights
;
and
then
give
a
special
Instruction
unto
his
Commissioner
,
to
ratify
it
,
in
plene
Parliament
,
which
was
also
done
.
And
what
the
present
Advocate
did
,
in
the
last
Parliament
,
and
how
it
succeeded
,
with
what
else
may
be
needful
for
clearing
of
this
point
,
you
have
already
in
the
Narrative
.
4ly
.
Our
Author
,
first
,
confounds
the
Earl's
Estate
and
his
Superiorities
,
as
if
one
and
the
same
thing
:
Whereas
a
man's
Estate
includs
also
his
Property
.
But
the
Second
mistake
,
and
the
greater
cheat
is
,
because
the
word
Superiority
sounds
more
of
power
then
the
word
Property
doth
,
therefore
the
Earl's
enemies
do
in
his
case
constantly
joyn
his
Jurisdictions
,
and
Superiorities
,
as
if
both
of
the
same
nature
,
and
equally
amissable
,
for
not
taking
the
Test
,
or
any
the
like
cause
.
And
hereby
have
they
so
far
impressed
His
Majesty
as
to
cause
him
also
speak
at
the
same
rate
:
Whereas
it
is
an
uncontestable
truth
,
that
a
Superiority
in
its
Right
,
and
as
to
the
person
that
enjoyes
it
,
is
plainly
Property
,
and
is
only
called
Superiority
because
the
Owner
by
granting
,
according
to
the
use
of
the
Feudal
Law
,
a
Subaltern
Right
to
a
Vassal
,
holding
,
or
releving
of
himself
,
for
certain
Services
,
or
for
a
Quit-rent
,
thereby
becomes
his
Vassal's
Superior
;
a
practice
plainly
authorized
,
and
much
▪
recommended
by
old
Acts
of
Parliament
,
as
the
best
advancement
of
Policy
.
Which
things
are
not
said
,
as
if
the
Earl
had
not
as
good
a
Right
to
his
Jurisdictions
as
to
his
Superiorities
;
Seeing
he
is
fully
secured
in
both
,
by
the
Laws
of
the
land
;
but
Jurisdictions
being
of
their
own
nature
subject
to
many
Laws
and
regulations
that
nowise
concern
Superiorities
,
or
Property
,
and
the
Earl's
Superiorities
being
in
effect
a
considerable
part
of
his
Estate
,
it
is
very
much
his
interest
that
they
be
distinguished
,
to
prevent
his
adversaries
imposings
.
But
5ly
.
That
you
may
the
better
discover
their
designs
against
the
Earl
:
Here
,
you
see
,
the
world
is
told
,
that
he
hes
no
right
to
his
Jurisdictions
,
and
Superiorities
:
But
,
in
the
Gift
that
they
have
lately
moved
His
Majesty
to
grant
of
the
Earl's
forfaulture
,
they
make
His
Majesties
deed
to
proceed
upon
quite
different
reasons
,
in
these
terms
viz
,
That
His
Majesty
,
in
the
first
place
,
wills
,
and
declares
,
that
all
the
Earl's
Iurisaictions
,
Offices
,
Superiorities
,
&c.
Shall
for
ever
be
consolidat
,
and
remain
with
the
Croun
,
as
being
necessary
for
the
support
of
his
Government
,
and
too
dangerous
for
him
,
and
his
people
,
to
be
,
heritably
,
in
the
hand
of
any
of
his
subjects
;
and
his
Majesty
never
having
designed
to
dispon
the
same
.
Which
considerations
,
though
they
might
be
of
some
moment
in
the
case
of
a
just
forfaulture
,
yet
in
the
Earl's
case
,
wherein
it
is
known
that
before
his
trial
they
were
the
main
reasons
pretended
to
work
his
overthrow
,
by
this
sham-Treason
,
they
can
nowise
be
regarded
,
because
it
is
most
certain
,
1.
That
the
Earl's
Superiorities
do
no
more
concern
the
Crown
,
and
Government
,
then
his
Property
;
and
that
by
the
same
reasoning
,
or
rather
Ostracism
,
any
man's
Estate
,
whether
Superiority
,
or
Property
,
as
men
may
phansie
them
to
exceed
their
arbitrary
measures
,
may
be
taken
from
him
,
on
as
good
pretexts
.
2ly
.
That
the
reasons
assigned
do
so
little
militate
against
the
Earl's
Iurisdictions
that
these
Jurisdictions
were
expressly
given
to
his
Predecessors
,
and
made
heritable
in
his
Family
,
for
eminent
Services
peformed
to
the
Crown
,
and
upon
convincing
experience
that
they
could
not
be
better
disposed
on
,
for
the
support
of
his
Majesties
Government
,
and
protection
of
his
people
,
especially
against
the
savage
Islanders
,
and
their
partakers
:
However
some
,
because
of
their
Popery
,
and
Barbarity
,
think
fit
at
present
to
patronize
them
.
3ly
.
With
what
colour
can
these
things
be
alledged
for
consolidating
with
the
Crown
the
Earl's
Jurisdictions
,
and
Superiorities
,
When
we
see
Jurisdictions
,
and
Superiorities
,
as
considerable
,
that
were
taken
from
his
Family
,
by
his
Father's
forfaulture
(
whereof
you
have
a
just
account
in
the
Narrative
)
conferred
upon
the
Marquess
of
Huntly
;
and
new
Regalities
,
and
Jurisdictions
,
of
as
great
import
,
bestowed
upon
the
Marquess
of
Queensberry
,
and
others
,
against
most
express
Acts
of
Parliament
.
But
4ly
.
The
Truth
and
ingenuity
of
all
this
procedure
may
be
best
judged
by
the
last
allegiance
,
wherein
they
cause
His
Majesty
affirm
,
under
his
great
Seal
▪
That
he
never
designed
to
dispon
these
Superiorities
and
Iurisdictions
to
the
Earl
:
Albeit
as
to
the
Superiorities
his
Majesty
never
scrupled
,
and
as
to
the
Jurisdictions
he
did
not
only
actually
dispon
them
,
but
after
being
fully
informed
of
all
the
objections
could
be
moved
in
the
contrary
he
did
expresly
own
,
ratify
,
and
confirm
the
deed
,
first
by
his
Letter
,
hereafter
set
down
,
then
by
his
special
Instruction
to
his
Commissioner
,
and
3ly
.
by
his
solemn
Ratification
in
Parliament
.
But
suppose
the
Earl
be
unjustly
spoiled
ofall
his
fortune
,
yet
,
sayes
our
Author
,
the
King
,
by
the
generous
interposition
of
his
Royal
Highness
(
for
,
if
you
will
believe
this
Loyal
Vindicator
,
it
is
still
His
Highness
Clemency
that
mitigats
His
Majesties
rigours
)
hath
administrat
very
honestly
,
getting
nothing
to
himself
(
for
as
to
the
Earl's
Iurisdictions
and
Superiorities
,
though
they
were
just
now
of
that
value
as
to
be
necessary
to
the
King
,
for
the
support
of
the
Government
,
and
dangerous
in
the
Earl's
person
to
both
King
and
people
,
yet
here
they
are
accounted
less
then
nothing
)
but
giving
more
of
it
to
his
Children
then
belonged
to
the
Family
(
debts
being
payed
)
and
the
rest
to
the
Creditors
,
and
the
tythes
to
the
Church
.
A
short
specious
account
of
a
world
of
iniquity
!
for
though
the
Earl
be
fully
perswaded
that
his
Majesty
neither
desires
any
thing
of
his
Estate
,
nor
expects
any
advantage
by
the
destruction
of
his
Family
:
yet
is
it
not
,
in
the
first
place
,
hard
above
measure
,
that
the
Earl
should
be
in
the
same
manner
deprived
,
&
divested
of
all
,
without
the
least
consideration
of
his
Person
,
as
if
he
had
been
sentenced
for
the
most
hainous
Perduellion
?
2ly
.
Notwithstanding
all
here
said
,
and
though
it
was
once
given
out
that
the
Earl's
eldest
Son
should
have
a
considerable
addition
to
what
he
presently
enjoyes
and
that
the
rest
of
the
Children
should
get
their
just
Provisions
,
yet
the
eldest
is
still
left
lyable
to
the
provisions
of
his
Brothers
&
Sisters
,
and
to
severall
of
his
Father's
debts
,
without
any
releef
;
and
hath
not
yet
got
one
farthing
,
either
in
money
or
security
,
more
then
the
setlement
made
upon
him
by
the
Earl
at
his
marriage
,
wherein
he
was
,
&
is
,
in
Law
secured
,
beyond
the
reach
of
any
forfaulture
could
fall
upon
his
Father
.
And
for
the
rest
of
the
Children
,
not
only
have
they
got
no
sufficient
security
,
but
some
smal
Payments
,
appointed
them
by
his
Majesty
,
are
said
to
be
restrained
unless
the
Earl's
Rights
be
delivered
up
:
A
thing
altogether
unusual
,
&
which
argues
in
the
Demanders
a
manifest
diffidence
of
the
Right
of
forfaulture
,
and
were
both
inhumane
,
and
is
impossible
for
the
Children
to
do
.
3ly
.
Waving
the
false
,
and
invidious
insinuation
here
made
of
the
Earl's
debts
,
take
this
brief
account
of
the
condition
whereunto
,
at
present
,
his
Estate
and
Creditors
are
reduced
.
When
His
Majesty
returned
,
the
late
Marquess
of
Argyle
(
as
you
may
read
in
the
Narrative
)
had
undertaken
,
and
stood
engaged
for
debts
of
the
House
of
Huntly
,
amounting
to
35000l
Sterl:
Yet
upon
Argyle's
forfaulture
the
Marquess
of
Huntly's
Estate
,
extending
to
4000l
Ster
:
yearly
Rent
,
whereof
Argyle
was
legally
possest
,
for
his
releef
,
was
taken
from
Argyle
,
and
given
to
Huntly
,
without
any
burthen
,
and
all
that
debt
left
on
the
Family
of
Argyle
.
Thereafter
his
Majesty
thought
fit
to
restore
this
Earl
of
Argyle
to
a
part
of
his
Father's
old
Estate
,
and
to
appoint
the
rest
of
it
for
payment
of
Creditors
,
in
the
order
then
prescribed
;
whereupon
the
Earl
,
agreeing
with
as
many
of
the
Creditors
as
according
to
His
Majesty's
assignment
acclaimed
the
remainder
,
he
was
setled
in
what
he
possesses
,
with
a
considerable
burthen
.
And
thus
his
Right
was
then
established
,
though
with
the
heavy
prejudice
of
a
great
many
other
Creditors
,
who
being
truly
Creditors
of
the
House
of
Huntly
became
only
Creditors
to
the
late
Marquess
of
Argyle
,
in
the
manner
you
have
heard
,
and
by
the
above-mentioned
Restitution
of
the
Marquess
of
Huntly
were
miserably
cut
off
:
But
upon
the
Earl's
present
disaster
,
what
neither
material
justice
nor
the
merit
of
the
Persons
could
obtain
,
against
the
House
of
Huntly
,
is
now
by
importunity
procured
,
against
the
Earl
of
Argyle
,
for
the
more
effectual
ruine
of
his
Family
and
Friends
,
and
these
old
Creditors
of
Huntly
,
who
were
no
original
Creditors
of
Argyle
,
brought
in
upon
Argyl's
Estate
,
to
the
exclusion
of
his
proper
Creditors
.
And
further
,
least
the
real
Securities
,
by
Morgages
,
and
otherwise
,
that
some
of
the
Earl's
Creditors
have
,
should
avail
them
,
these
are
also
made
void
,
by
the
Act
of
Quinquennial
Possession
,
and
the
other
Rigours
of
forfaultures
,
only
accustomed
to
be
practised
(
and
yet
not
without
some
mitigation
)
in
the
case
of
atrocious
,
and
open
Rebellion
against
the
King
and
Kingdom
.
And
besides
all
this
,
his
Majesty
hath
been
also
moved
to
give
away
considerable
Superiorities
,
and
Lands
,
pertaining
to
the
Earl
,
to
several
Persons
,
having
no
other
pretension
,
or
merit
,
saving
an
unreasonable
enmity
against
the
Family
of
Argyle
.
By
all
which
it
is
evident
,
that
,
besides
the
horrible
usage
the
Earl
met
with
,
in
his
Trial
,
and
Sentence
,
not
only
is
He
himself
wholly
neglected
,
and
his
Children
little
regarded
,
in
this
late
disposal
of
his
Estate
,
but
his
proper
Creditors
and
Friends
are
also
prejudged
,
and
postponed
:
And
in
effect
his
whole
Estate
,
fair
and
opulent
enough
to
have
payed
all
his
debts
honestly
,
provided
his
Children
competently
,
and
sustained
the
dignity
of
his
Rank
honourably
,
cutted
and
carved
on
,
before
his
eyes
,
at
pleasure
,
and
much
of
it
parcelled
out
,
and
bestowed
upon
the
worst
of
his
neighbors
,
and
his
greatest
enemies
.
But
to
make
a
mends
for
all
,
our
Author
sayes
,
The
Tiends
are
returned
to
the
Church
.
But
seeing
the
Earl
possessed
all
his
tithes
,
by
good
and
lawfull
purchases
,
and
undoubted
rights
from
the
Church
,
whereof
the
Church
neither
did
,
nor
could
complain
,
our
Author
should
have
remembered
,
that
The
Lord
loves
Iudgment
,
and
hates
Robbery
for
burnt
offering
.
Yet
,
in
all
this
,
the
Earl
doth
not
intertain
one
hard
thought
of
His
Majesty
,
knowing
certainly
that
notwithstanding
all
was
prepared
for
him
by
his
learned
Iudges
and
wife
Councellours
,
Yet
he
hath
not
stept
one
step
,
in
this
affair
,
but
by
importunity
;
even
tho
all
access
to
represent
any
thing
to
him
,
on
the
Earl's
behalf
,
was
way-laid
.
Nor
did
his
Majesty
yeeld
to
pass
the
late
Signature
disposing
of
the
Earl's
Estate
(
albeit
the
Earl
of
Middletoun
was
sent
express
about
it
)
until
his
Royal
Highness
arrived
from
Scotland
at
Newmarket
,
and
prevailed
.
As
for
the
three
capital
Sentences
,
against
the
Earl's
Family
,
which
our
Author
mentions
,
you
have
a
full
account
of
them
in
the
Narrative
.
What
return
shall
we
then
make
to
our
Author
's
Euge
,
for
a
happy
Kingdom
,
but
,
O
unhappy
happy
Kingdom
!
Wherein
the
fairest
words
are
made
the
foulest
offence
,
and
the
smallest
offence
punished
as
the
greatest
Treason
,
where
dreames
and
visions
are
exhibited
for
Indictments
,
and
Judges
,
and
Jurors
find
them
to
be
Realities
,
where
Right
is
turned
to
precarious
Gift
,
and
then
taken
,
and
retaken
,
at
pleasure
:
And
yet
all
these
things
gloried
in
as
the
greatest
marks
of
its
felicity
:
And
,
in
a
word
,
whose
misery
is
lamented
by
all
,
except
a
few
that
enrich
themselves
with
its
spoyls
,
and
triumph
in
its
Ruines
?
Our
Author
comes
,
in
the
next
place
,
to
give
an
account
,
in
what
manner
the
Earl
gave
in
his
Explanation
,
and
took
the
Test
:
Where
denying
and
affirming
many
things
,
at
random
,
which
are
all
distinctly
set
down
,
and
cleared
in
the
Narrative
,
I
shall
here
only
briefly
remark
his
own
(
as
he
pretends
to
do
other
mens
)
Mistakes
.
And
first
,
albeit
the
Earl
was
not
publikly
desired
to
take
the
Test
,
yet
it
is
most
true
,
that
,
in
private
,
his
Royal
Highness
did
much
press
him
to
it
:
and
,
after
a
meeting
of
Council
had
been
designedly
appointed
for
the
Earl's
taking
or
resussing
,
his
Highness
did
peremptorily
oblidge
him
to
attend
the
next
Council-day
in
course
,
and
plainly
refused
to
give
him
leave
to
withdraw
,
and
take
the
benefite
of
the
two
moneths
longer
time
,
allowed
by
the
Act
of
Parliament
.
2ly
.
It
is
false
,
That
the
Earl
had
assured
both
his
Royal
Highness
and
many
others
that
he
would
not
take
the
Test
;
that
he
came
in
abruptly
to
the
Council
;
that
he
spoke
with
so
slow
(
or
soft
)
a
voice
that
none
say
they
hear'd
him
,
that
he
clapt
down
on
his
knees
,
and
took
the
Test.
When
as
.
3ly
.
It
is
certain
,
That
what
passed
betwixt
his
Royal
Highness
,
and
the
Earl
,
about
the
Test
,
is
faithfully
setdown
in
the
Narrative
,
and
the
Earl
was
not
more
positive
with
any
other
on
that
subject
:
That
it
was
with
difficulty
that
the
Earl
got
his
appearance
before
the
Council
delayed
untill
the
day
he
presented
hemself
:
And
that
that
day
he
was
expected
,
and
also
spoke
to
,
and
treated
with
by
several
Councellors
,
before
he
entred
,
about
the
swearing
with
an
Explication
:
That
being
entred
,
and
a
stool
set
to
him
,
to
kneel
upon
,
he
first
gave
in
,
or
(
which
is
more
)
declared
openly
,
and
,
word
by
word
,
directed
toward
his
Royal
Highness
the
Sense
and
Explanation
wherein
he
was
content
to
swear
:
That
his
Highness
heard
it
,
and
told
the
Earl
so
much
,
the
next
morning
:
That
the
Clerks
heard
it
,
and
repeated
it
to
several
persons
,
and
one
of
them
in
his
Witnessing
against
the
Earl
expresly
swears
that
he
heard
it
,
and
saw
it
accepted
:
That
some
that
sate
remotest
in
the
Council
both
heard
and
repeated
the
Earl's
words
:
That
,
after
the
Earl
had
pronounced
them
,
the
Oath
was
administrat
to
,
and
sworn
by
him
;
Which
was
the
most
proper
,
natural
,
and
direct
Acceptance
that
could
be
desired
:
So
that
,
after
this
business
was
thus
publikly
transacted
,
for
our
Author
to
say
,
either
that
the
Earl
spoke
softly
,
or
that
he
(
specially
being
himself
a
Privy
Councellour
)
should
first
have
given
in
his
Sense
,
and
petitioned
to
know
if
it
was
acceptable
,
is
a
silly
pretence
.
But
4ly
.
Our
Author
,
not
only
contrary
to
truth
,
but
,
which
is
more
remarkable
,
in
contradiction
even
to
his
Majesties
Advocate
,
and
the
Records
of
the
Court
,
proceeds
to
affirm
.
1.
That
the
Earl
dispersed
copies
of
his
Explanation
,
albeit
his
Majesties
Advocate
,
having
libelled
the
same
thing
,
was
necessitat
to
pass
from
it
,
because
absolutly
false
,
and
destitute
of
all
evidence
.
And
next
,
That
his
Majesties
Advocate
having
allowed
the
Earl
to
prove
,
That
the
Council
heard
and
approved
it
,
yet
he
failed
in
the
probation
.
Whereas
it
is
manifest
from
the
Process
,
that
the
Earl
,
having
alledged
,
for
a
defence
against
the
crimes
of
Leasing
-
making
,
Depraving
,
and
Treason
,
That
the
Council
had
accepted
his
Explanation
,
in
manner
above
▪
declared
,
and
that
therefore
it
could
not
be
made
a
ground
to
infer
any
of
these
crimes
against
him
:
The
Lords
by
their
Judgment
Interloquutour
did
expresly
repell
this
defence
;
And
all
they
sustained
was
a
defence
proponed
to
elude
the
Perjury
,
to
witt
.
That
the
Earl
emitted
his
Explanation
at
,
or
before
,
his
taking
of
the
Test
:
Which
emitting
,
as
it
plainly
differs
from
the
point
of
Acceptance
,
so
was
the
proving
of
it
justly
neglected
by
the
Earl
,
because
the
Emission
notour
,
and
the
charge
of
Perjury
ridiculous
;
as
you
have
it
more
fully
in
the
Narrative
.
But
these
things
our
Author
willfully
mistakes
,
that
he
may
the
more
easily
abuse
strangers
.
As
for
what
our
Author
here
adds
,
That
the
Earl's
Explanation
made
the
Oath
no
Oath
,
and
the
Test
no
Test
,
and
would
have
evacuated
the
whole
Act
,
as
,
he
sayes
,
he
will
prove
,
shall
be
noticed
,
when
he
comes
to
his
proofs
:
Only
where
he
sayes
,
The
greatest
Fanatiks
in
Scotland
owned
they
would
take
the
Test
in
the
Earl's
Sense
,
without
prejudice
to
their
Principles
;
It
is
a
groundless
assertion
,
and
by
all
of
them
utterly
denyed
.
He
sayes
,
The
Mist
puts
a
strange
abuse
upon
the
world
,
as
if
the
scruples
that
he
sets
down
were
only
the
scruples
of
the
conformed
Clergy
,
whereas
many
Papers
,
bearing
that
title
,
were
drawn
by
the
Presbyterians
.
But
seeing
the
Paper
that
the
Mist
sets
down
was
certainly
emitted
by
one
of
the
conformed
Clergy
,
and
doth
fully
homologat
with
the
Rest
above-insert
in
the
Narrative
(
which
without
doubt
are
all
of
their
fabrik
)
the
pretended
abuse
is
altogether
groundless
.
But
now
our
Author
comes
to
make
good
the
Earl's
Indictment
,
in
point
of
Law
:
And
though
here
we
find
nothing
new
,
or
repeated
with
any
advantage
,
and
though
all
▪
be
already
fully
answered
,
in
the
Narrative
,
yet
,
lest
he
complain
of
neglect
,
I
shall
run
over
what
he
alledges
,
as
briefly
as
I
can
.
And
having
set
down
the
words
of
the
Earl's
Explanation
,
The
first
Crime
,
sayes
he
,
charged
upon
the
Earl
,
from
this
Paper
,
is
that
,
albeit
it
be
statut
,
That
no
man
interpret
the
King's
Statuts
otherways
then
they
bear
,
and
to
the
intent
and
effect
they
were
made
for
:
And
that
the
King
,
and
Parliament
did
appoint
the
Test
to
be
taken
for
securing
the
Protestant
Religion
,
and
the
King's
Prerogative
,
without
any
evasion
:
Yet
,
notwithstanding
thereof
,
the
Earl
did
take
the
Oath
,
in
such
a
sense
as
did
not
only
evacuate
his
own
taking
but
learn
others
how
to
do
the
like
,
and
evacuate
all
Acts
of
the
same
nature
that
can
be
made
.
But
seeing
that
in
matter
of
crimes
Statuts
are
certainly
designed
for
Beacons
,
Land-marks
,
and
the
most
clear
distinctive
Directions
that
could
be
invented
,
as
well
to
hinder
men
from
transgressing
as
to
guard
them
against
the
Pains
,
and
therefore
are
to
be
understood
in
the
most
obvious
signification
that
the
words
do
bear
,
Is
it
not
an
odd
stretch
for
our
Author
to
think
that
a
man's
taking
of
an
Oath
,
enjoined
by
a
Statut
,
in
any
sense
,
whether
true
or
false
,
pertinent
or
impertinent
,
if
simply
offered
by
him
,
for
expeding
of
his
own
Conscience
,
should
be
look't
upon
as
an
interpreting
or
misinterpreting
of
the
Statute
,
which
oftentimes
happens
to
be
but
to
clear
,
when
the
Oath
is
confessedly
ambiguous
?
Thus
,
as
to
the
sense
and
meaning
of
the
Act
in
hand
,
viz.
That
all
men
,
therein
comprehended
,
should
take
the
Test
,
in
manner
,
and
under
the
certification
therein
contained
,
the
Earl
never
had
the
least
hesitation
about
it
.
All
his
difficulty
was
to
clear
himself
and
his
own
Oath
,
as
to
the
ambiguities
acknowledged
even
by
the
Council
to
be
in
the
Test
,
(
though
not
in
the
Act
)
and
this
he
does
,
by
referring
explicitly
to
the
Parliaments
sense
,
and
design
,
as
it
stands
expressed
in
the
Act
,
without
ranversing
either
the
words
of
the
Test
or
meaning
of
the
Act
,
as
an
other
approven
Explication
doth
:
How
is
it
then
possible
,
that
for
this
he
should
be
thought
concern'd
in
this
Statute
,
as
a
Misinterpreter
?
And
is
it
not
,
on
the
other
hand
,
very
evident
,
that
both
the
Advocate
,
and
our
Author
,
and
their
Associats
,
in
wresting
this
Statute
(
which
seems
principally
to
have
been
made
against
the
misinterpreting
and
wresting
of
Laws
in
Iudgment
)
to
so
remote
and
extraneous
a
case
,
are
themselves
the
only
Misinterpreters
,
and
Transgressours
?
But
waving
the
connexion
let
us
hear
how
our
Author
proves
the
subsumption
,
viz.
That
the
Earl
did
take
the
Test
in
such
a
sense
as
did
evacuate
his
own
,
and
teach
others
to
do
the
like
,
and
evacuate
all
other
Acts
of
that
nature
:
And
(
to
repeat
as
little
as
possible
)
he
sayes
,
That
the
design
of
Laws
,
and
Oaths
,
is
to
procure
a
certainty
of
obedience
,
and
performance
,
but
the
Earl's
qualified
Oath
everts
this
design
.
Wonderfull
!
The
Test
is
in
it self
granted
to
be
ambiguous
,
and
reaches
not
this
design
.
The
Earl
,
that
he
may
deal
more
clearly
with
God
and
the
Government
,
declares
explicitly
a
plain
and
certain
sense
,
wherein
he
is
willing
to
take
it
;
and
the
Council
,
who
might
,
and
ought
to
have
rejected
it
,
if
not
satisfieing
,
do
accept
of
it
.
And
yet
hereupon
he
is
immediatly
by
them
staged
as
an
Everter
,
Depraver
,
and
Traitour
.
And
wherefore
?
Because
forsooth
the
Earl
promises
only
to
obey
the
Act
as
far
as
he
can
.
(
A
most
absurd
and
ridiculous
pretence
)
And
tells
us
not
in
what
he
will
obey
.
Which
(
albeit
no
crime
though
true
)
is
yet
a
great
falshood
:
For
the
Earl
immediatly
subjoins
a
very
certain
and
congruous
sense
,
in
which
he
is
willing
to
take
the
Test
,
all
the
obedience
here
in
controversie
.
2ly
.
Because
the
Earl
sayes
that
no
body
can
explain
it
but
for
himself
,
and
reconcile
it
as
it
is
geuuine
&c.
which
,
(
adds
our
Author
)
implyes
that
it
had
no
plain
genuine
sense
.
But
though
the
Council
did
explain
this
Oath
,
and
in
so
far
grant
that
it
had
no
plain
genuine
sense
(
for
what
is
already
plain
without
doubt
needs
no
Explanation
)
yet
the
Earl
goes
not
so
far
:
But
all
he
meant
was
,
that
,
in
the
midst
of
so
many
Objections
made
against
the
Test
,
he
could
only
clear
it
for
himself
:
Which
also
he
does
most
safely
and
soundly
,
in
referring
to
its
self-consistency
,
and
the
Parliaments
sense
,
and
scope
,
the
best
Rules
of
interpretation
.
3ly
.
Because
the
Parliament
designed
the
Test
as
a
security
for
the
Protestant
Religion
.
But
,
sayes
our
Author
,
The
Earl
,
by
saying
He
did
only
take
it
in
as
far
as
it
is
consistent
with
itself
,
and
with
the
Protestant
Religion
,
implyes
that
in
some
things
it
is
not
consistent
.
But
,
1.
Implications
,
which
may
be
so
easily
strained
,
and
oftentimes
are
found
to
be
as
the
Fool
thinks
,
are
terrible
grounds
of
Crimes
.
2ly
.
If
the
Parliament
designed
the
Test
as
a
security
for
the
Protestant
Religion
,
and
the
Earl
did
take
it
,
in
so
far
as
it
is
consistent
with
the
same
Protestant
Religion
,
what
can
be
more
agreeable
?
And
3ly
.
It
was
neither
the
Earl's
words
,
nor
intention
,
that
the
Parliament
had
framed
a
Test
in
some
things
not
consistent
with
it self
,
and
the
Protestant
Religion
,
but
the
true
sense
of
his
words
was
,
and
is
,
That
however
many
did
alledge
both
yet
he
took
it
in
as
far
as
it
was
consistent
,
which
he
was
sure
(
as
our
Author
sayes
)
was
the
Parliaments
purpose
.
4ly
.
Because
the
design
of
this
Oath
being
to
preclude
the
Takers
from
reserving
a
liberty
to
rise
in
arms
,
upon
any
pretext
whatsoever
:
The
Earl
(
sayes
our
Author
)
by
his
Explication
,
reserves
to
himself
a
power
to
make
any
alterations
that
he
shall
think
for
the
advantage
of
Church
and
State
.
But
,
not
to
stay
you
here
with
what
you
have
so
fully
cleared
in
the
Narrative
,
Dare
any
man
(
even
our
Author
not
excepted
)
say
,
That
he
who
reserves
a
liberty
to
himself
,
in
his
station
,
and
in
a
lawfull
way
,
to
wish
and
endeavour
,
any
alteration
,
he
thinks
,
to
the
advantage
of
Church
and
State
,
not
repugnant
to
the
Protestant
Religion
,
and
his
Loyalty
(
which
are
the
Earl's
words
)
eo
ipso
,
reserves
to
himself
a
liberty
to
rise
in
arms
upon
any
pretext
whatsoever
?
Certainly
to
assert
this
,
(
as
our
Author
here
does
)
is
not
only
to
deny
common
sense
,
but
desperatly
to
affirm
,
That
to
rise
in
arms
,
upon
any
pretence
whatsoever
,
is
a
lawful
thing
,
advantageous
to
Church
and
State
,
and
agreeable
both
to
Religion
,
and
Loyalty
;
The
most
traiterous
and
irreligious
Position
that
can
be
devised
;
and
which
,
one
day
or
other
,
our
Author
may
be
more
straitned
to
answer
then
at
present
he
is
to
maintain
the
gros●est
absurdities
.
Now
whether
by
all
these
fyne
Remarks
our
Author
hes
concluded
,
as
he
alledges
,
that
the
Earl
hes
interpret
his
Oath
otherwise
then
it
bears
(
although
this
be
also
a
wide
,
and
weak
impertinency
,
as
to
the
inferring
of
any
crime
)
let
the
world
judge
.
But.
2ly
.
Sayes
our
Author
.
If
the
Earl's
glossing
were
allowable
then
there
were
no
need
to
propose
doubts
in
Parliament
,
but
Oaths
might
be
left
to
be
formed
at
the
Takers
pleasure
.
But.
1.
Is
not
this
consequence
far
more
clearly
deducible
from
the
Councils
emitting
their
Explanation
?
2ly
.
What
sense
or
non-sense
could
induce
our
Author
to
dream
,
that
because
Inadvertency
may
necessarily
occasion
Explications
,
therefore
men
should
be
still
Inadvertent
?
Our
Author
desires
to
know
,
from
any
man
of
sense
,
if
the
Earl
would
have
obtained
,
from
the
Parliament
,
at
the
passing
of
the
Test
,
That
everyman
should
be
allowed
to
take
it
,
as
far
as
it
was
consistent
with
it self
,
and
the
Protestant
Religion
,
and
with
the
Earl's
other
Qualifications
?
And
(
if
I
,
in
this
contest
,
may
pretend
to
this
quality
)
I
would
answer
him
roundly
.
That
albeit
,
I
think
,
hardly
any
man
of
sense
could
make
a
proposition
,
in
thir
terms
,
to
that
soveraign
Court
,
that
had
full
power
to
change
the
Test
,
at
their
pleasure
;
Yet
I
am
very
confident
,
that
had
any
man
suggested
the
half
of
the
objections
that
have
since
been
started
against
it
,
they
would
very
readyly
have
endeavoured
to
obviat
all
reasonable
exceptions
of
Inconsistency
;
though
neither
by
our
Author
's
wise
Expedient
,
nor
yet
by
referring
them
to
the
Councils
just
and
accurate
Explanation
.
And
for
the
other
Qualifications
in
the
Earl's
words
,
I
am
most
assured
,
and
have
his
Highness
for
my
Voucher
,
that
had
the
Parliament
been
ask't
,
Whether
or
not
the
Test
did
bind
up
a
man
,
in
a
lawfull
way
,
and
in
his
station
&
c
?
They
would
have
answered
,
Not
,
and
that
therefore
,
though
they
might
have
judged
the
Reservation
not
necessary
,
yet
,
for
the
greater
ease
of
conscience
,
they
would
never
have
stuck
to
allow
any
honest
man
,
in
swearing
,
to
express
it
or
not
,
at
his
pleasure
.
3ly
,
Our
Author
asks
,
If
a
man
should
by
Oath
oblige
himself
simply
to
make
me
a
Right
to
Lands
.
could
this
sense
be
consistent
with
it
,
I
'le
make
it
as
far
as
I
can
?
Or
would
a
Right
so
qualified
satisfy
the
Obligation
?
But
,
if
I
were
to
oblige
a
man
simply
by
his
Oath
to
make
me
a
Right
,
and
he
should
answer
,
I
le
do
all
I
can
to
satisfy
you
;
and
then
tell
me
distinctly
what
he
would
sweat
to
do
,
and
what
not
,
(
which
is
the
plain
parallel
of
the
Earl's
case
,
cleared
from
our
Author's
Inversions
,
)
I
should
think
my self
bound
,
whether
I
accepted
his
offer
or
not
,
to
judge
him
a
fair
plain-dealing
man
.
But
if
once
I
accepted
,
and
should
afterward
call
him
a
Cheat
,
certainly
all
men
would
esteem
me
the
greater
Cheat
of
the
two
.
4ly
,
5ly
,
and
6ly
,
Sayes
Our
Author
,
Oaths
should
be
so
taken
as
that
the
Taker
may
be
persued
for
perjury
:
That
the
Covenanters
would
not
have
suffered
a
man
to
take
the
Covenant
as
far
as
consistent
with
his
Loyalty
.
And
are
not
the
enemies
of
the
King's
Supremacy
content
to
swear
in
so
far
as
is
consistent
with
the
Word
of
God
?
So
that
if
the
Earl's
sense
were
allowed
every
man
should
swear
upon
his
own
terms
,
and
upon
contrary
terms
.
But
,
1.
Without
question
,
the
Earl
turning
either
Papist
or
Disloyal
might
have
been
persued
for
perjury
upon
his
Oath
as
qualified
.
2ly
,
Albeit
the
Covenanters
might
have
laughed
at
a
man
for
adjecting
a
caution
which
they
thought
expressed
,
yet
I
am
sure
,
at
worst
,
they
would
never
have
judged
the
offer
a
crime
,
much
less
accused
the
offerer
,
after
having
accepted
it
.
3ly
,
It
is
nothing
to
the
purpose
what
Declarations
the
enemies
of
the
Supremacy
make
:
But
,
if
these
our
Author
mentions
be
criminal
(
as
he
would
have
us
to
believe
)
I
would
intreat
him
to
tell
us
why
their
makers
are
not
persued
:
and
unless
he
say
,
It
is
because
these
Declarations
were
not
made
before
,
&
accepted
by
the
Council
,
I
hope
he
will
be
so
ingenuous
as
to
confess
,
that
it
is
because
,
albeit
these
Declarations
be
judged
eversive
of
the
Oath
,
yet
they
are
not
accounted
Crimes
,
in
respect
they
are
only
well
mean't
proposals
,
which
when
rejected
evanish
.
And
,
4ly
,
Our
Author's
Consequence
,
If
the
Earl's
sense
be
allowed
then
every
man
should
swear
upon
his
own
terms
,
as
it
doth
not
at
all
concern
the
Earl
,
so
hath
it
no
connexion
,
except
in
so
far
as
it
reflects
on
His
Majesties
Council
,
the
alone
Masters
of
such
Allowances
.
7ly
.
Sayes
Our
Author
,
Former
Statuts
having
discharged
Conventions
,
or
Convocations
,
and
Bonds
,
or
Leagues
,
without
the
Kings
consent
,
The
Covenanters
protested
,
that
their
Covenant
was
not
against
these
Acts
;
because
they
could
not
be
meaned
of
Meetings
and
Bonds
for
preservation
of
the
King
,
Religion
,
and
Laws
,
And
the
4.
Act
:
Par:
1661.
Declares
all
such
glosses
false
,
and
disloyal
:
And
therefore
the
Earl's
gloss
must
be
so
too
.
But
,
1.
The
Earl's
gloss
is
no
such
gloss
,
it
doth
not
at
all
touch
these
Conventions
or
Bonds
said
to
be
discharged
;
therefore
it
must
not
be
so
.
2ly
.
The
Earl's
Explanation
is
expresly
qualified
,
in
a
lawful
way
,
and
not
repugnant
to
his
Loyalty
:
which
words
plainly
respect
the
Act
1661.
as
well
as
all
other
Acts
made
for
defining
our
allegiance
,
and
duty
:
And
therefore
it
cannot
possibly
fall
under
its
compass
as
a
Contravention
.
But
now
,
after
we
have
done
with
our
Author's
Critique
,
which
,
he
sayes
,
makes
his
subsumption
clear
and
undeniable
,
I
freely
appeal
to
all
men
of
ordinary
ingenuitie
,
whether
he
hath
proved
so
much
as
the
first
Article
of
it
,
viz.
That
the
Earl
took
the
Test
in
such
a
sense
as
did
evacuate
his
own
Oath
,
much
less
the
other
parts
of
it
(
mere
extravagant
improvements
of
a
lesed
phansy
)
viz.
That
he
did
thereby
teach
others
to
do
the
like
.
And
evacuate
all
other
acts
of
that
nature
.
And
yet
our
Author
,
as
if
he
had
fully
made
out
his
Charge
,
goes
on
to
answer
,
not
the
Mist
in
the
pertinent
contexture
of
its
whole
discourse
,
but
a
few
such
Objections
as
he
thought
fit
lamely
to
excerp
out
of
it
.
And
the
first
he
takes
notice
of
is
,
where
the
Mist
or
Mr
Mist
(
as
this
Brouillon
calls
him
)
sayes
,
That
if
the
Authority
which
is
to
administer
the
Oath
accept
the
Takers
sense
,
the
Taker
is
only
bound
in
that
sense
:
But
so
it
is
the
Council
accepted
the
Earl's
sense
,
and
if
they
had
refused
it
the
Earl
had
not
taken
the
Oath
,
nor
had
his
refusal
been
a
crime
.
Which
being
indeed
an
unanswerable
Defence
for
the
Earl
,
and
largely
insisted
on
in
the
Narrative
,
I
shall
only
shortly
consider
our
Author's
Reply
:
whereof
the
summe
and
force
is
,
That
the
Council
,
not
having
the
power
to
pardon
Crimes
,
their
connivance
at
the
Earl's
misinterpreting
the
Law
cannot
exoner
him
:
Which
he
illustrats
by
putting
the
case
,
That
a
man
having
many
Friends
in
Council
gives
in
an
Explication
incontrovertedly
treasonable
:
for
example
,
That
he
minds
not
thereby
to
bind
up
himself
from
rising
in
Arms
;
yet
it
would
be
no
defence
(
sayes
our
Author
)
that
the
Council
did
not
challenge
it
,
for
the
time
.
But
(
waving
the
Author's
confounding
of
misinterpreting
of
a
Law
with
the
missensing
of
an
Oath
,
His
lessening
the
Councils
Acceptance
of
the
Earl's
Explanation
into
a
bare
connivance
,
and
lastly
his
reproaching
their
Lordships
with
a
very
palpable
insinuation
of
partiality
)
The
question
is
not
,
If
the
Council
have
the
power
of
pardoning
,
as
our
Author
goes
about
to
pervert
the
argument
,
on
purpose
that
he
may
presuppose
a
Crime
,
but
plainly
,
If
they
have
not
the
Authority
to
administer
the
Oath
of
the
Test
,
by
express
provision
of
the
Act
of
Parliament
:
Which
our
Author
cannot
deny
.
Now
,
If
the
Council
,
by
the
Act
of
Parliament
,
have
the
Authority
to
administer
,
and
did
really
accept
the
Earl's
Explanation
(
and
not
only
connive
at
it
)
which
on
his
part
was
a
mere
proposal
,
and
,
in
effect
,
by
their
acceptance
became
as
truly
their
Explanation
as
if
they
themselves
had
emitted
it
,
how
is
it
possible
that
,
in
this
matter
,
he
should
be
thought
guilty
,
without
overturning
all
the
principles
of
Reason
,
Sense
,
and
common
Honesty
?
I
grant
,
If
the
Earl
,
or
any
man
else
,
had
,
under
the
pretext
of
offering
an
Explanation
,
taken
occasion
openly
to
misinterpret
the
Laws
,
or
utter
speaches
manifestly
treasonable
,
the
Councils
connivance
could
not
fully
assoil
him
But
,
1.
What
have
we
to
do
with
such
absurd
,
and
incredible
suppositions
?
And
is
it
not
the
hight
of
calumnie
to
compare
the
Earl's
Explanation
,
which
both
in
it self
,
and
in
all
its
circumstances
,
manifestly
appears
to
be
most
ingenuously
,
and
dutyfully
,
by
him
tendered
,
for
the
exoneration
of
his
conscience
,
and
was
no
less
really
accepted
as
such
by
the
Council
,
with
imaginary
criminal
Wrestings
,
and
treasonable
Declamations
,
which
,
as
proposed
,
scarce
any
man
,
in
his
right
wits
,
can
judge
caseable
?
2
ly
.
The
Earl
,
and
his
words
,
being
charged
with
Misinterpreting
,
Slandering
,
Reproaching
,
and
Depraving
his
Majesties
Statuts
,
and
Proceedings
:
If
the
Lords
of
Council
,
who
represent
his
Majesty
by
a
commission
,
unaccountable
save
to
his
Majesty
alone
,
accept
his
words
,
is
it
not
the
same
thing
as
if
his
Majesty
himself
had
done
it
?
Which
certainly
is
more
significant
,
as
to
the
cutting
off
of
any
pretence
of
Injury
,
then
either
Dissimulation
,
or
Remission
,
which
yet
all
Law
doth
constantly
sustain
for
that
end
.
3ly
,
As
to
the
Treason
objected
,
though
there
were
some
ground
for
it
,
as
there
is
none
,
yet
seeing
the
Earl's
Explanation
was
tendered
to
the
Council
,
to
be
by
them
authorized
,
and
if
by
them
rejected
had
indeed
evanished
as
never
uttered
,
It
's
yet
further
evident
,
that
their
Acceptance
could
not
be
made
a
snare
to
the
Earl
,
without
the
greatest
injustice
.
But
4ly
,
The
Council
being
impowered
by
the
Parliament
to
administer
,
and
having
accepted
the
Earl's
Explanation
,
it
is
the
same
thing
as
if
the
Parliament
had
accepted
it
,
in
which
case
,
even
our
Author
must
acknowledge
that
all
ground
of
accusation
would
have
been
for
ever
excluded
.
But
,
instead
of
noticing
these
things
,
all
that
our
Author
sayes
is
.
1.
That
the
Paper
containing
the
Earl's
Explanation
was
not
given
in
till
the
next
day
after
that
the
Earl
had
sworn
the
Test.
But
was
it
therefore
not
delivered
verbally
in
Council
the
day
before
?
And
was
not
this
Delivery
enough
?
And
2ly
,
That
tho
the
Judges
had
allowed
the
Earl
to
prove
that
he
had
emitted
these
words
,
at
the
swearing
of
the
Test
,
yet
he
failed
in
the
probation
.
But
in
what
manner
,
and
for
what
intent
,
this
Allowance
was
given
,
and
how
disingenuously
it
is
here
obtruded
,
I
have
already
cleared
.
In
the
2d
.
Place
,
Our
Author
affirms
the
Mists
alledgeance
for
clearing
the
Earl
of
the
Charge
of
Misinterpreting
,
viz.
That
the
Law
doth
only
discharge
publik
Misinterpreting
to
the
abusing
of
others
,
to
be
most
false
.
But
,
althouh
I
have
already
told
you
,
that
to
extend
the
Law
against
Misinterpreting
the
King's
Statuts
to
a
man's
Missensing
of
an
Oath
,
is
a
wide
stretch
,
which
both
Papists
and
Fanatiks
,
who
vastly
disagree
from
our
Author
as
to
the
sense
of
the
Oath
of
Supremacy
,
and
yet
have
no
difference
with
him
as
to
the
sense
of
the
Acts
imposing
it
,
may
justly
call
absurd
.
Yet
,
to
assist
my
Friend
the
Mist
(
who
,
tho
a
stranger
,
hath
yet
said
things
ten
times
more
justly
then
our
Author
,
albeit
,
apparently
,
a
piece
of
a
Scotch
aspiring
Lawyer
.
)
1.
I
would
be
content
to
know
,
If
so
be
our
Author
think
every
private
misinterpretation
of
Laws
to
be
a
transgression
of
this
Act
of
Parliament
What
shall
become
,
not
only
of
thousands
of
the
King
's
best
subjects
,
who
fall
dayly
in
such
mistakes
,
but
also
of
Advocates
,
and
Lawyers
themselves
,
who
are
continually
,
by
the
Ears
about
such
controversies
?
Nay
even
of
his
Majesties
Advocate
,
who
in
his
prined
Criminals
,
as
you
may
see
above
in
the
first
Pos●script
to
the
Narrative
,
calls
an
Act
of
Parliament
,
an
unreasonable
,
unjust
,
murthering
,
and
inept
Act
?
And
I
am
very
confident
,
whatever
our
Author
shall
think
fit
to
alledge
,
either
from
the
Direction
of
the
Intention
,
or
favour
of
Circumstances
,
for
acquitting
these
Misinterpreters
,
it
shall
fully
quadrate
to
the
Earl's
case
,
and
with
many
and
clear
advantages
.
2ly
.
When
our
Author
jumps
from
the
Misinterpreting
of
Laws
to
the
Missensing
of
Oaths
,
and
thereon
tells
us
,
how
dangerous
and
criminal
it
is
to
take
Oaths
in
wrested
senses
,
contrair
to
the
design
of
the
Legislator
:
He
,
first
,
supposes
what
is
already
shewed
to
be
false
,
viz.
That
the
Earl's
Explanation
of
the
Test
is
wrested
:
And
next
,
he
quite
forgets
that
no
sense
of
the
Test
can
avail
,
unless
accepted
by
the
Council
the
great
Administrators
.
So
that
,
for
all
his
flanting
,
the
Government
doth
still
retain
its
outmost
and
best
Security
viz.
The
Fidelity
of
such
as
it
intrusts
,
without
whose
allowance
all
senses
and
Explications
are
utterly
insignificant
.
In
the
3d.
place
,
Our
Author
offends
at
the
Mist
,
for
saying
,
That
the
Legislator
is
surest
of
those
who
give
Explanations
,
&
plain
dealing
is
alwayes
honest
dealing
:
Because
,
sayes
our
Author
,
If
this
prove
any
thing
,
it
will
prove
that
any
man
may
adject
any
quality
,
and
so
render
all
Oaths
useless
,
&c.
But.
1.
You
have
just
now
heard
,
That
the
Takers
adjecting
,
without
the
Administators
accepting
,
signifies
nothing
.
2ly
.
Our
Author
acknowledges
,
That
where
the
sense
is
previously
offered
to
,
and
accepted
by
the
Legislator
(
or
such
who
are
by
him
authorized
to
administrate
,
which
certainly
in
Law
and
sense
is
the
same
thing
)
it
secures
the
Taker
.
Which
,
notwithstanding
of
our
Author
's
reasonless
denial
,
is
,
in
terminis
,
the
Earl's
case
.
But
3ly
.
Our
Author
adds
,
That
the
Earl's
saying
,
He
is
content
to
take
the
Test
,
as
far
as
it
is
consistent
with
it
self
,
and
the
Protestant
Religion
,
condescends
to
nothing
.
Strange
!
The
Parliament
in
the
Test
expressly
make
the
Confession
the
standard
of
the
Protestant
Religion
:
The
Council
in
their
Explanation
ran
verse
this
,
and
make
the
Protestant
Religion
the
standard
of
the
Confession
,
and
the
very
fixed
point
of
the
Test.
And
yet
when
the
Earl
swears
the
Test
,
without
the
least
reflection
on
the
Confession
,
as
far
as
it
is
consistent
with
it self
and
the
Protestant
Religion
,
All
this
must
be
nothing
.
As
to
what
our
Author
adds
,
That
he
is
desirous
to
know
in
what
part
of
Europe
such
Qualities
were
ever
allowed
?
Would
he
allow
me
the
like
liberty
,
I
would
ask
him
,
1.
In
what
part
of
Europe
was
ever
such
a
Test
framed
?
2ly
.
In
what
part
of
it
was
ever
such
an
Explanation
as
the
Earl's
,
after
acceptance
,
made
a
crime
?
And
3ly
.
In
what
part
of
the
whole
world
was
ever
such
an
Indictment
contrived
,
and
Judgment
past
?
And
,
in
the
mean
time
,
he
may
find
in
the
Narrative
just
such
a
quality
as
the
Earl's
allowed
in
a
far
plainer
Oath
,
by
a
far
severer
Prince
,
and
in
a
far
more
publik
manner
,
to
Archbishop
Cranmer
,
in
England
.
And.
2.
ly
.
A
much
more
odd
One
,
in
the
same
matter
,
by
the
Scotch
Council
,
to
the
Scotch
Clergy
.
Our
Author
repeats
,
—
And
sayes
,
It
were
most
absurd
to
think
that
misinterpreting
of
Laws
,
and
defaming
of
Parliaments
should
be
suffered
,
because
thrown
in
into
Explications
;
and
that
adjected
Qualities
are
worse
then
Equivocations
,
and
mentall
Reservations
.
But
there
being
neither
Misinterpreting
nor
Defaming
in
the
Earl's
case
,
and
the
Quality
by
him
adjected
being
in
itself
sound
and
congruous
,
and
by
the
Council
accepted
(
Notwithstanding
our
Author's
foolish
pretence
,
That
it
was
not
first
offered
by
way
of
Petition
)
I
cannot
stand
to
refute
all
impertinencies
.
And
,
as
to
what
he
adds
,
about
the
Councils
Explanation
,
emitted
in
favours
of
the
Clergy
,
that
it
doth
not
unsecure
the
Legislator
,
not
admitt
the
Takers
to
be
Judges
(
as
he
falsly
insinuats
that
the
Earl's
doth
)
all
these
things
are
already
fully
examined
.
The
second
Crime
,
sayes
our
Author
,
fixed
upon
the
Earl
,
from
his
Explanation
,
was
grounded
on
the
Act
Ja:
6.
Par:
10.
c.
10.
Made
against
defaming
of
King
and
Parliament
,
and
depraving
their
Laws
.
But
this
Crime
,
and
all
that
our
Author
sayes
for
enforcing
it
,
being
so
largely
,
and
clearly
answered
,
in
the
Narrative
,
I
freely
grant
,
That
,
Defaming
,
and
Depraving
are
great
Crimes
;
That
it
is
one
of
the
principal
Concerns
of
Governours
to
have
themselves
esteemed
by
their
People
;
That
Laws
for
this
effect
have
been
consented
to
by
our
Parliaments
,
to
serve
(
as
our
Author
loves
to
speak
)
instead
of
Armies
(
though
yet
we
have
the
misfortune
to
have
both
)
That
even
Insinuations
and
Inferences
if
plainly
tending
to
the
Reproach
and
Slander
of
Rulers
,
may
be
in
so
far
criminal
as
to
deserve
an
extraordinary
,
though
not
the
ordinary
pain
.
And
lastly
,
That
in
Crimes
Dolus
malus
is
for
the
most
part
presumed
from
the
nature
and
circumstances
of
the
Deed
it self
.
And
shall
only
adde
.
1.
That
where
our
Author
asserts
,
That
the
forementioned
Act
of
Parliament
was
made
against
Words
,
and
Papers
,
in
general
,
whereby
misliking
might
be
moved
betwixt
the
King
and
his
Subjects
;
And
that
it
regards
the
effect
only
,
without
respect
to
the
Author's
design
,
the
same
is
false
,
inconsistent
,
and
dangerous
:
False
,
because
it
is
a
known
Maxime
of
Law
,
and
Reason
,
That
Maleficia
,
Voluntas
,
&
Propositum
Delinquentis
distinguit
l.
53
ff:
de
Furtis
.
And
to
think
that
the
Law
punishes
any
thing
,
without
either
apparent
,
or
presumed
dole
,
and
malice
,
is
to
confound
Crime
and
Chance
,
Guilt
and
Innocence
.
2.
Inconsistent
,
because
,
albeit
our
Author
do
here
tell
us
,
that
the
Parliament
look't
only
to
the
effect
,
yet
afterwards
,
He
not
only
alledges
that
the
Earl's
malice
may
be
gathered
from
the
nature
and
strain
of
the
Paper
,
but
endeavours
to
clear
it
,
by
several
circumstances
.
And
lastly
,
Dangerous
,
because
thereby
a
man's
best
security
,
Innocence
,
and
a
Conscience
void
of
offence
,
is
quite
taken
away
,
and
the
man
and
his
words
,
and
writings
,
exposed
to
every
perverse
Inference
that
Madness
▪
prompted
by
Malice
may
suggest
.
2ly
,
That
,
notwithstanding
all
the
evil
inferences
,
and
worse
consequences
,
that
our
Author
charges
upon
the
Earl's
words
,
yet
it
is
impossible
for
any
man
,
considering
without
prejudice
the
Circumstances
wherein
they
were
emitted
,
not
to
acknowledge
,
that
as
they
were
plainly
intended
by
the
Earl
,
for
the
Exoneration
of
his
own
Conscience
,
so
in
place
of
Defaming
,
&
Depraving
,
they
evidently
contain
a
very
seasonable
Vindication
of
the
Parliaments
honour
,
and
integrity
.
If
the
Test
had
been
unanimously
concluded
in
Parliament
,
and
universally
received
by
the
People
,
without
hesitation
,
or
exception
:
And
if
,
in
that
case
,
a
man
had
idlely
and
officiously
said
,
That
he
believed
,
that
the
Parliament
did
not
intend
to
impose
contradictory
Oaths
,
and
that
he
,
for
his
part
,
could
take
it
as
far
as
it
is
consistent
with
it
self
,
and
the
Protestant
Religion
:
I
grant
that
a
nice
or
malicious
Hearer
might
possibly
have
formalized
,
and
made
it
a
matter
of
Explication
:
But
when
it
was
notour
,
and
offered
to
be
proven
,
that
contradictions
in
the
Test
were
the
common
discourse
:
That
almost
a
third
of
the
orthodox
Clergy
did
,
on
this
account
,
scruple
at
it
;
And
severall
of
them
had
published
their
scruples
in
writing
;
That
the
Earl
,
when
desirous
to
absent
,
was
ordered
to
be
called
to
the
Council
,
either
to
take
the
Test
,
or
refuse
it
:
And
that
,
the
very
day
he
appeared
before
them
,
they
voted
their
own
Explanation
in
favours
of
the
Clergy
:
I
appeal
to
all
impartial
men
,
if
the
Earl's
Asserting
publikly
his
Confidence
,
and
Willingness
,
as
you
have
heard
,
instead
of
a
Reflection
,
was
not
,
in
such
a
juncture
,
a
most
just
,
and
fair
Declaration
,
as
well
in
behalf
of
the
Parliament
,
as
of
his
own
Conscience
.
But
our
Author
strains
,
and
insists
upon
Consequences
from
the
precise
and
abstract
words
,
without
regaird
to
either
occasion
,
time
,
place
,
manner
,
or
end
,
albeit
the
principal
significators
,
in
cases
of
this
nature
,
and
in
effect
the
main
hinges
of
all
morality
:
A
Logick
capable
to
pervert
the
best
words
,
and
subvert
all
ingenuity
,
and
honesty
,
amongst
men
.
For
put
the
case
that
,
to
satisfy
the
apprehensions
and
doubts
that
were
so
frequent
of
Contradictions
and
Inconsistencies
in
the
Test
,
His
Highness
himself
,
or
the
President
of
the
Council
,
had
said
to
these
Scruplers
,
in
these
or
the
like
words
,
That
he
was
confident
the
Parliament
had
no
intention
to
impose
contradictory
Oaths
,
It
is
evident
,
That
by
our
Author
's
reasoning
,
this
very
apology
,
how
fairly
soever
intended
,
in
charity
to
these
dissenters
,
and
for
the
Parliaments
vindication
,
might
,
as
well
as
the
Earl's
words
,
be
urged
with
all
our
Author's
misconstructions
,
and
made
a
mortall
Crime
.
But
leaving
things
so
obvious
,
and
already
so
fully
cleared
,
take
a
short
account
of
the
Circumstances
wherewith
our
Author
doth
further
charge
the
Earl
.
And
,
first
.
He
sayes
,
That
the
Earl's
Father
,
and
Family
had
owned
eminently
the
Principles
against
which
this
Oath
was
taken
.
But
our
Author
cannot
deny
that
they
owned
yet
more
eminently
the
Protestant
Religion
,
the
only
subject
of
this
Part
of
the
Test
,
and
of
the
Earl's
Explanation
now
questioned
.
And
for
the
other
Principles
here
named
,
they
owned
them
no
otherwise
then
the
Parliaments
of
both
Kingdoms
did
.
2ly
.
He
says
,
The
Earl
himself
had
taken
the
Covenant
.
And
so
did
—
—
And
many
thousands
of
his
good
Subjects
beside
.
3ly
.
He
tells
us
,
The
Earl
had
all
along
opposed
the
Test
in
Parliament
:
But
therefore
there
was
the
greater
reason
that
his
offer
to
take
it
,
with
an
Explanation
,
should
have
been
favourably
accepted
.
4ly
.
Our
Author
adds
,
The
Earl
had
positivly
told
his
Royal
Highness
,
he
would
not
take
the
Test.
But
this
is
both
false
and
impertinent
.
5ly
.
He
says
,
Neither
the
Ministers
,
nor
others
in
the
Earl's
countrey
,
upon
whom
he
had
influence
,
had
taken
the
Test.
But
(
beside
that
this
is
not
true
absolutly
,
and
that
in
effect
Few
Ministers
in
Scotland
had
,
at
that
time
,
taken
the
Test
,
in
respect
there
were
about
two
moneths
of
the
time
allowed
by
the
Act
of
Parliament
then
to
run
)
how
iniquous
is
it
to
make
the
Earl
accountable
for
other
mens
inclinations
?
6ly
.
The
Concern
and
Kindness
the
Fanatiks
shew
for
the
Earl
is
also
objected
,
but
with
the
same
truth
and
pertinency
as
all
the
rest
.
And
yet
our
Author
concluds
,
All
which
demonstrate
.
That
he
had
an
aversion
from
the
Test.
Which
indeed
might
very
well
have
been
,
without
this
demonstration
:
But
that
therefore
what
he
said
about
it
,
or
(
as
our
Author
speaks
)
did
against
it
was
done
dolo
malo
is
just
as
much
as
to
say
that
he
who
,
in
candid
and
honest
dealing
,
goes
about
to
explain
an
ambiguous
Oath
,
before
he
take
it
,
speaks
maliciously
against
it
.
But
our
Author
tells
us
,
That
the
Lords
of
Justitiary
had
a
clear
Precedent
for
what
they
did
against
the
Earl
,
in
the
like
Iudgment
given
in
the
same
Court
against
the
Lord
Balmerino
;
Who
for
a
Petition
presented
to
,
and
accepted
,
and
once
read
by
his
late
Majesty
,
was
found
guilty
,
upon
far
remoter
inferences
,
of
Misconstruing
his
Majesties
Proceedings
.
But
this
being
particularly
answered
by
the
Earl's
Lawyers
,
in
the
Process
,
I
shall
only
here
add
.
1.
That
Balmerino's
Petition
,
containing
many
positive
alledgeances
reflecting
on
several
passages
of
the
Government
,
in
order
to
a
redress
,
wherein
his
design
might
very
readily
fall
under
suspicion
,
holds
no
parallel
with
the
Earl's
Explanation
,
on
his
part
a
mere
Proposal
made
with
all
due
respect
to
the
Parliament
,
and
simply
tendered
for
the
clearing
of
his
Oath
and
Conscience
,
and
not
indeed
capable
of
another
construction
.
2ly
.
The
King
never
accepted
Balmerino's
Petition
by
way
of
Approbation
,
nor
was
it
so
much
as
delivered
to
him
by
Balmerino
.
But
our
Author
,
by
this
false
phrasing
of
the
King
's
having
seen
,
and
read
this
Petition
,
would
take
off
the
Councils
formal
,
and
direct
Acceptance
of
the
Earl's
Explanation
.
And
3ly
.
That
albeit
Balmerino's
Petition
,
and
the
Earl's
Explanation
hold
no
manner
of
proportion
,
yet
even
Balmerino's
case
was
generally
judged
so
hard
that
his
Jurours
themselves
divided
upon
it
,
and
he
was
only
found
guilty
by
eight
of
them
against
seven
that
assoiled
him
,
and
immediatly
after
Sentence
he
was
freely
pardoned
.
As
to
what
our
Author
adds
Of
this
same
Earl's
being
formerly
found
guilty
Anno
1662.
Of
the
like
Crime
,
upon
the
like
Ground
:
It
is
very
true
:
He
was
indeed
then
found
guilty
of
the
like
Crime
,
and
upon
the
like
Ground
.
And
not
only
by
the
same
partie
,
but
by
some
of
the
same
Persons
,
who
&
semel
&
semper
are
,
and
will
be
—
in
eodem
genere
.
But
of
this
you
have
already
had
a
large
and
full
account
.
Our
Author
comes
to
review
the
Mist's
Justification
of
the
Earl's
words
.
To
which
opposing
his
former
Perversions
he
only
repeats
,
with
some
new
extravagancies
,
what
is
already
answered
.
Thus
,
for
instance
,
where
the
Earl
,
in
duty
and
civility
,
sayes
,
by
way
of
Preface
,
That
he
was
desirous
to
give
obedience
as
far
as
he
could
,
which
clearly
refers
to
the
Act
of
Parliament
,
and
the
Councils
Requisition
,
whereunto
he
professes
his
willingness
to
give
all
possible
satisfaction
:
Our
Author
,
to
shew
his
good
Breeding
,
and
better
sense
,
tells
us
,
That
these
words
were
intended
by
the
Earl
for
a
quality
and
part
of
his
Oath
,
as
if
he
had
said
that
though
he
was
content
to
swear
,
yet
he
was
only
minded
to
keep
so
as
far
as
he
could
:
Whereas
it
is
evident
,
as
the
sun-light
,
that
the
quality
that
the
Earl
adjects
,
and
which
he
would
have
understood
for
a
part
of
his
Oath
begins
after
these
words
,
And
therefore
I
take
the
Test
;
And
that
this
quality
is
both
certain
,
sound
,
and
most
genuine
.
But
having
already
told
you
that
before
the
Earl's
appearance
the
Countrey
was
filled
with
the
noise
of
Contradictions
,
and
Inconsistencies
,
in
the
Test
;
So
that
the
Earl's
words
in
stead
of
Reproaching
were
,
in
effect
,
a
direct
and
very
seasonable
Vindication
of
the
Government
,
as
well
as
of
his
own
Conscience
;
And
that
the
Security
of
the
Government
as
to
Oaths
is
not
concerned
in
the
senses
that
men
devise
,
or
propose
(
as
our
Author
perpetually
mistakes
)
but
in
such
as
it
pleaseth
the
Council
,
the
grand
Administrators
,
to
accept
;
I
shall
not
trouble
you
with
further
Reflections
on
this
head
:
Specially
seeing
that
albeit
the
importunity
of
the
Earl's
Accuser
have
occasioned
,
what
in
the
Narrative
,
and
what
in
this
Preface
,
a
sensing
and
resensing
of
his
words
,
almost
ad
Nauseam
.
Yet
the
plain
truth
,
and
my
opinion
is
,
that
the
Earl's
words
never
had
,
nor
can
have
but
two
senses
,
and
these
most
distinct
,
and
constant
,
The
one
genuine
,
just
,
and
honest
,
which
all
indifferent
men
ever
did
,
and
do
acknowledge
,
The
other
most
strained
,
crooked
,
and
calumnious
,
which
yet
his
Adversaries
will
alwise
adhere
to
.
But
,
sayes
our
Author
,
these
words
,
I
take
it
in
so
far
as
it
is
consistent
with
it
self
,
and
the
Protestant
Religion
,
do
so
openly
import
that
in
some
things
it
is
inconsistent
that
whosoever
would
persuade
him
to
the
contrary
must
think
him
Fool
or
Idiote
.
But.
1.
Since
the
Earl
doth
not
say
what
our
Author
would
have
openly
imported
,
either
positively
or
designedly
,
it
is
impossible
he
could
say
it
Criminally
.
2ly
.
Since
his
words
do
manifestly
referr
to
the
many
Exceptions
that
were
abroad
against
the
Test
;
And
that
it
is
no
less
evident
that
by
his
Explanation
he
singlely
intended
to
clear
his
own
Conscience
,
and
deal
candidly
with
the
Government
:
Whosoever
would
perswade
that
there
is
in
it
any
ground
of
Offence
or
Crime
,
specially
after
it
was
accepted
by
the
Council
,
must
be
really
either
Fool
or
Worse
.
Our
Author
indeed
tells
us
,
That
the
words
were
spoke
by
the
Earl
to
inflame
the
people
:
That
they
reflect
upon
the
Prudence
and
Conduct
of
the
Parliament
,
and
so
prove
Defaming
and
Depraving
unanswerably
.
And
what
can
be
more
Depraving
of
a
Law
then
to
make
it
Pravam
Legem
?
And
what
Law
can
be
more
prava
or
pernicious
then
that
which
is
inconsistent
with
the
Protestant
Religion
,
and
which
tyes
to
swear
things
contradictory
?
And
the
having
sworn
and
dispersed
his
Explications
shewes
a
firm
and
passionat
Design
to
poyson
the
People
with
a
belief
of
all
these
ill
things
of
the
Parliament
.
But
seeing
the
common
and
certain
understanding
of
Depraving
is
to
wrest
by
a
false
and
malicious
construction
to
a
bad
end
what
was
designed
for
a
good
:
That
,
for
certain
,
there
is
no
falshood
so
much
as
alledged
by
our
Author
to
be
in
the
Earl's
words
:
And
for
malice
all
the
circumstances
above
adduced
do
undoubtedly
purge
them
of
it
:
That
no
man
in
a
studied
Apology
can
say
,
The
Parliament
did
not
intend
contradictions
,
but
his
words
by
this
calumnious
Logick
may
be
charged
with
the
same
train
of
absurd
Consequences
:
That
the
Councils
Explication
is
,
in
every
respect
,
more
obnoxious
to
them
then
the
Earl's
:
That
our
Author
knows
Dispersing
neither
was
nor
could
be
proven
:
And
that
in
effect
the
Earl's
Explanation
was
accepted
by
,
and
so
became
the
Councils
more
then
his
(
as
you
have
fully
heard
in
the
Narrative
)
This
groundless
violent
Invective
is
already
answered
.
But
,
if
I
may
take
a
little
more
liberty
then
my
Narrator
thought
fit
to
use
,
Dare
our
Author
state
the
controversie
upon
this
issue
,
Whether
there
be
Contradictions
and
Inconsistencies
in
the
Test
or
not
?
Or
if
they
be
(
as
the
Council
hath
implicitly
granted
,
and
all
men
may
explicitly
see
in
the
Paraphrase
above
set
doun
)
will
he
have
it
a
Crime
for
a
man
to
say
,
He
believes
the
Parliament
intended
no
Contradictions
,
and
that
he
is
content
to
take
the
Test
in
so
far
as
it
is
consistent
?
Or
would
he
have
us
to
believe
,
either
that
all
Scotch
Parliaments
,
(
or
,
at
least
,
the
Last
,
by
reason
of
an
extraordinary
assistance
)
are
infallible
?
Or
if
they
be
fallible
,
as
they
confess
themselves
,
thinks
he
the
People
either
so
Blockish
as
not
to
see
their
Failings
,
tho
never
so
palpable
,
and
also
important
to
mens
salvation
,
or
so
Brutal
as
to
break
all
Measures
,
if
once
they
conceive
their
Rulers
to
be
but
Men
?
But
though
here
you
may
indeed
perceive
the
Grounds
whereupon
all
our
Author's
discourses
in
this
Pamphlet
do
proceed
,
Yet
seeing
they
are
manifestly
calculate
to
some
mens
unhappy
Designes
,
who
on
purpose
inveigh
against
the
People
,
as
either
ignorant
or
insolent
,
that
they
may
be
arbitrary
:
and
would
have
all
Dissenters
from
their
designes
to
be
Suspect
,
and
all
Suspect
to
be
Traitors
,
that
they
may
be
uncontrollable
:
I
hope
men
are
not
yet
brought
to
that
pass
either
of
Simplicity
or
Terrour
as
to
be
cajolled
or
cudgelled
into
a
complyance
with
such
pernicious
Insinuations
.
The
third
Crime
wherewith
the
Earl
was
charged
was
Treason
:
A
Crime
now
become
with
us
(
and
so
much
the
more
pity
that
we
live
under
a
Prince
so
quite
different
)
as
it
was
of
old
said
to
be
under
Tiberius
,
Omnium
accusationum
complementum
:
And
which
,
sayes
our
Author
,
was
inferred
against
the
Earl
from
these
words
.
I
doe
declare
,
I
mean
not
to
bind
up
my self
,
in
my
station
,
and
in
a
Lawfull
way
,
to
wish
,
and
endeavour
any
Alteration
I
think
to
the
advantage
of
Church
and
State
,
not
repugnant
to
the
Protestant
Religion
,
and
my
Loyalty
;
And
this
I
understand
as
a
part
of
my
Oath
.
And
this
,
our
Author
tells
us
,
he
will
make
out
,
in
a
plain
,
familiar
,
unanswerable
way
:
And
,
for
that
effect
,
gives
us
this
demonstration
,
in
Mode
and
Figure
.
He
that
reserves
to
himself
the
power
of
reforming
Church
or
State
,
commits
Treason
.
But
the
Earl
in
his
Explication
reserves
to
himself
a
power
of
reforming
.
Ergo.
And
not
to
amuse
you
with
repeating
what
is
already
so
fully
said
,
in
answer
to
this
Pretence
,
equally
ridiculous
and
pernicious
;
To
this
formal
Argument
take
this
formall
Answer
.
He
that
reserves
to
himself
the
power
of
reforming
,
&c.
By
asserting
or
assuming
to
himself
the
power
of
reforming
,
either
proper
to
the
Prince
alone
,
or
in
a
way
without
his
line
,
or
without
warrant
of
Law
,
or
to
the
hurt
of
Church
,
and
State
,
and
repugnant
to
the
Protestant
Religion
,
and
his
Loyalty
,
commits
Treason
:
Transeat
,
be
it
so
.
He
that
reserves
to
himself
the
power
of
reforming
,
&c.
By
declaring
he
minds
not
to
bind
up
himself
,
in
his
Station
,
and
in
a
lawfull
way
,
to
endeavour
Alterations
,
he
thinks
to
the
advantage
of
Church
,
and
State
,
not
repugnant
to
the
Protestant
Religion
,
and
his
Loyalty
,
commits
Treason
.
Is
denyed
.
Nay
in
effect
this
is
so
far
from
being
Treason
that
the
thing
thus
reserved
is
the
indispensible
duty
of
our
Allegiance
:
And
for
a
subject
,
specially
a
privy
Councellor
,
not
to
wish
,
and
endeavour
,
in
his
station
,
and
in
a
lawfull
way
,
such
Alterations
as
he
thinks
to
the
advantage
of
Church
and
State
,
and
not
repugnant
to
the
Protestant
Religion
,
&
his
Loyalty
,
were
a
Lash
Disloyalty
,
and
plain
Perjury
.
But
so
it
is
that
the
Earl
in
his
Explication
reserves
to
himself
a
power
of
reforming
,
in
the
former
sense
,
is
false
,
and
the
very
thing
denyed
by
his
words
:
In
the
later
,
and
second
,
sense
,
it
is
indeed
true
,
but
,
in
steed
of
being
a
Crime
,
a
most
clear
,
and
certain
duty
.
But
,
our
Author
sayes
,
That
any
is
as
comprehensive
as
all
:
which
he
gravely
proves
by
several
instances
:
and
thence
infers
,
That
therefore
the
Earl
has
reserved
to
himself
to
endeavour
all
Alterations
.
And
,
sayes
he
,
If
that
be
not
Treason
nothing
can
be
Treason
.
But
albeit
to
endeavour
any
,
or
all
Alterations
simply
(
as
our
Author
sophistically
,
and
calumniously
divides
the
Earl's
words
)
may
be
Treason
,
dare
he
affirm
,
That
for
a
man
in
his
station
,
and
in
a
lawfull
way
,
to
endeavour
any
or
all
alterations
,
to
the
better
,
and
not
repugnant
to
Religion
,
and
Loyalty
(
which
are
the
Earl's
words
)
is
Treason
?
Or
can
he
,
or
any
man
,
deny
,
that
the
doing
of
this
very
thing
may
be
the
necessary
duty
of
every
good
subject
,
much
more
of
one
of
his
Majesties
sworn
Councellors
.
Our
Author
sayes
indeed
well
,
but
to
no
purpose
.
That
it
is
Treason
L.
1.
§
Majestatis
ff
ad
L.
Iuliam
Majestatis
,
to
attempt
against
the
security
of
the
Government
.
But
can
he
,
or
any
man
,
in
his
right
senses
,
conceive
,
that
for
a
man
to
endeavour
any
,
or
all
Alterations
,
as
above
qualified
by
the
Earl
,
is
to
attempt
against
the
Government
?
Certainly
he
may
as
soon
prove
that
to
assist
and
advance
the
Government
,
faithfully
,
and
strenuously
(
the
true
,
and
obvious
import
of
the
Earl's
words
)
is
to
overturn
it
traiterously
.
But
our
Author
hath
a
clear
Statut
for
him
viz.
P.
1.
Sess:
2.
Act.
2.
Ch.
2.
Whereby
it
is
declared
that
these
Positions
,
That
it
is
lawfull
for
subjects
,
upon
any
pretence
,
to
enter
into
Leagues
,
or
take
up
Arms
against
the
King
,
Or
that
it
is
lawfull
for
subjects
,
pretending
his
Authority
,
to
take
up
Arms
,
against
his
Person
,
or
those
commissionat
by
him
,
Or
to
suspend
him
from
the
exercise
of
his
Royal
Government
.
Or
to
put
Limitations
on
their
due
Obedience
,
and
Allegiance
,
are
rebellious
and
treasonable
.
From
which
words
,
sayes
he
,
I
infer
,
most
clearly
,
That
for
a
subject
to
declare
,
he
is
not
tyed
up
from
wishing
any
Alteration
is
Treason
:
For
,
any
Alteration
comprehending
all
Alterations
,
can
any
man
of
sense
and
ingenuity
deny
but
this
is
a
putting
Limitations
upon
his
Obedience
(
why
not
due
obedience
?
)
and
Allegiance
?
But
,
admitting
any
to
be
comprehensive
of
all
Alterations
,
can
any
man
of
common
ingenuity
say
,
That
he
that
declares
himself
not
tyed
up
from
endeavouring
,
in
his
station
,
and
in
a
lawfull
way
,
all
Alterations
to
the
advantage
of
Church
and
State
,
not
repugnant
to
Religion
and
Loyalty
,
declares
himself
not
tyed
up
from
endeavouring
all
simply
?
Which
is
a
quite
different
thing
:
Or
that
he
that
purposely
declares
in
the
former
manner
,
that
he
may
preserve
the
just
latitude
of
his
Allegiance
,
doth
put
Limitations
upon
his
due
Obedience
,
and
Allegiance
,
when
,
in
effect
,
he
most
expressly
ampliats
and
explains
it
?
But
our
Author
coming
to
see
that
the
deadly
thing
in
the
Eal's
words
is
neither
the
Any
,
nor
the
All
,
addes
.
For
what
is
a
greater
Limitation
then
to
reserve
to
himself
to
be
Iudge
how
far
he
is
tyed
?
But
,
because
the
Earl
,
in
his
sincerity
,
professes
that
he
minded
to
endeavour
,
in
his
Station
,
and
in
a
Lawfull
way
,
such
Alterations
as
he
should
truly
think
,
and
not
barely
alledge
,
to
be
to
the
advantage
of
Church
,
and
State
,
Doth
he
therefore
make
Himself
,
or
his
Opinion
,
the
only
Rule
of
his
Oath
,
and
performance
,
and
not
rather
the
Law
,
to
which
he
so
plainly
refers
?
Or
hath
our
Author
either
so
little
Understanding
,
or
so
little
Honesty
as
not
to
acknowledge
,
that
though
,
de
jure
,
all
men
be
obliged
to
regard
Law
,
and
Reason
,
as
the
great
Directors
of
duty
,
Yet
,
de
facto
,
they
can
only
apply
them
(
providing
they
would
do
it
ingenuously
)
according
to
their
own
conceptions
?
So
that
to
accuse
a
man
for
such
an
Expression
is
to
put
off
all
professions
of
Sincerity
,
and
to
subvert
the
very
use
of
thinking
among
men
,
as
is
more
fully
above
held
forth
.
Our
Author
,
in
the
next
place
,
gives
us
many
reasons
,
why
the
Earl's
Cautions
,
in
my
Station
,
and
in
a
Lawfull
way
,
not
repugnant
to
Religion
and
Loyalty
,
cannot
salve
his
Reservation
;
But
still
seduced
by
one
and
the
same
foolish
and
wretched
Error
viz.
That
because
such
Cautions
do
not
justify
the
contrarie
Transgressions
therefore
all
Professions
so
cautioned
are
a
crime
.
Thus
he
tells
us
,
first
,
That
the
Covenant
(
as
criminal
as
it
was
)
was
so
qualified
.
But
who
ever
thought
that
these
qualified
Professions
in
the
Covenant
,
condescended
on
by
our
Author
,
were
the
Covenanters
guilt
?
Sure
I
am
,
it
is
only
for
the
opposite
Practices
,
and
not
at
all
for
these
Professions
,
that
the
Act
of
Parliament
condemns
them
.
2ly
.
He
sayes
,
These
Cautions
never
hindered
any
man
to
committ
Treason
.
And
what
then
?
Have
not
the
best
Cautions
and
highest
Professions
in
the
world
been
in
like
manner
violate
?
Whereas
the
thing
our
Author
should
have
said
is
,
That
an
Endeavour
every
way
qualified
as
the
Earl
professes
hath
been
found
treasonable
.
But
knowing
this
to
be
certainly
false
you
see
how
he
here
declines
to
averr
it
.
3ly
.
He
tells
us
,
That
they
that
rebelled
in
the
1666
,
and
1679.
professed
great
love
to
his
Majesty
.
And
had
they
never
said
,
or
done
more
,
does
our
Author
think
they
had
been
found
guilty
of
Treason
?
4ly
,
He
tells
us
,
That
the
adjecting
of
such
Cautions
is
reckoned
by
Lawyers
as
Protestatio
contraria
facto
.
And
so
indeed
they
may
justly
be
(
as
they
only
are
)
when
any
Fact
is
committed
contrary
to
them
,
as
for
example
,
when
the
Earl
shall
turn
Papist
.
But
was
it
ever
heard
,
since
Law
was
named
,
or
Reason
understood
amongst
men
,
that
a
man's
declaration
,
That
he
did
not
mean
to
bind
up
himself
in
his
Station
,
and
in
a
lawfull
way
,
to
endeavour
Alterations
he
should
think
to
the
advantage
of
Church
and
State
,
not
repugnant
to
Religion
and
Loyalty
,
was
judged
either
Protestatio
illicita
,
aut
cuivis
facto
licito
contraria
?
And
5ly
,
Our
Author
repeats
the
Statut
condemning
glosses
put
upon
the
Laws
by
the
late
Rebellious
Parliaments
,
to
the
prejudice
of
their
Allegiance
.
But
I
have
already
told
you
,
there
is
no
such
gloss
contained
in
the
Earl's
words
:
And
I
further
appeal
to
all
men
(
our
Author
not
excepted
)
whether
ever
these
Parliaments
,
if
they
had
only
professed
,
That
in
their
station
,
and
in
a
lawfull
way
,
they
would
endeavour
any
Alteration
they
thought
to
the
advantage
of
Church
and
State
,
not
repugnant
to
Religion
and
Loyalty
,
would
have
incurred
his
late
Majesties
displeasure
,
much
less
the
atrocious
Character
of
Rebellious
,
here
cast
upon
them
?
But
,
sayes
our
Author
,
Their
Explanation
declaring
that
what
they
did
was
for
the
preservation
of
Religion
,
which
is
the
very
Explanation
put
by
the
Earl
upon
this
Oath
,
was
particularly
condemned
as
false
and
disloyal
.
But
(
not
to
tell
you
that
by
our
Author's
words
a
man
would
think
that
even
to
say
,
The
Test
was
made
for
the
preservation
of
Religion
,
may
be
found
both
false
,
and
disloyal
;
which
I
heartily
wish
may
never
come
to
pass
)
may
not
this
passage
alone
convince
our
Author
,
That
it
neither
was
nor
could
be
the
Parliaments
precise
professing
themselves
to
be
for
Religion
but
only
their
professing
and
justifying
of
what
they
did
to
be
for
Religion
which
was
judged
false
and
disloyal
?
And
that
because
their
Profession
,
or
Protestation
,
was
thought
contrary
to
their
Deed
;
with
which
the
Earl's
case
,
Qui
adeo
factorum
innocens
ut
verba
ejus
arguantur
(
as
a
noble
Roman
said
in
the
like
case
)
and
who
is
not
so
much
as
accused
of
having
done
any
thing
,
holds
not
the
least
similitude
.
And
yet
sayes
our
Author
,
From
all
this
it
clearly
follows
,
That
the
Earl
,
by
reserving
a
power
to
himself
to
endeavour
Alterations
,
did
committ
Treason
,
notwithstanding
all
his
Cautions
.
Where
,
that
you
may
understand
the
Man
,
and
then
see
how
fairly
,
and
justly
,
he
dra●s
this
Conclusion
,
be
pleased
to
notice
,
That
where
the
Earl
declares
,
in
one
speach
,
That
he
meanes
not
to
bind
up
himself
,
in
his
Station
,
and
in
a
lawfull
way
,
to
endeavour
Alterations
,
not
repugnant
to
Religion
,
and
Loyalty
,
Our
Author
(
not
to
speak
of
his
changing
)
first
honestly
divides
the
Earl's
words
,
whereby
he
,
or
any
man
,
may
,
with
the
same
ease
,
turn
Scripture
into
Blasphemy
,
telling
us
,
That
the
Earl
reserves
to
himself
a
power
to
make
any
Alterations
:
Just
as
if
he
had
said
this
simply
,
and
no
more
.
Then
,
straining
,
and
affirming
these
words
to
be
Treason
,
he
rejects
all
the
Earl's
Cautions
,
in
the
same
manner
as
if
they
had
not
been
manifest
parts
of
his
Declaration
,
uttered
with
one
and
the
same
breath
,
but
adjected
,
ex
post
facto
,
to
palliate
some
high
Rebellion
.
According
to
the
Candor
and
Justice
of
which
Procedure
it
is
obvious
,
That
a
man's
professing
,
he
would
take
up
Arms
,
at
his
Majesties
Command
,
for
the
advantage
of
Church
and
State
,
conform
to
his
Allegiance
and
Loyalty
,
might
be
equally
judged
to
be
Traiterous
and
Rebellious
.
For
,
Rising
in
Arms
sounding
evidently
much
worse
then
the
endeavouring
of
Alterations
,
Let
our
Author
once
divide
the
words
,
and
affirm
,
That
the
first
Part
of
them
is
Treason
,
and
then
all
that
followes
shall
be
held
for
Insufficient
,
Cheating
,
and
contrary
Cautions
,
and
the
man
irrecoverably
cast
as
guilty
of
Treason
:
How
justly
or
unjustly
let
all
men
judge
.
But
our
Author
proceeds
to
answer
what
the
Mist
objects
:
And.
1.
Where
the
Mist
sayes
:
That
Treason
requires
a
special
Law
,
Our
Author
denyes
it
,
telling
us
,
That
so
soon
as
Kings
were
,
and
before
there
was
Law
,
it
was
Treason
to
rise
in
Arms
against
them
;
That
Treason
is
the
fence
of
the
Government
,
as
murder
is
of
private
mens
lives
(
as
our
Author
strangely
words
it
)
That
Law
thought
it
unnecessary
to
provide
against
the
greatest
Treasons
;
and
that
Traitors
would
easily
elude
the
expresswords
of
a
Statut.
Which
things
albeit
they
be
partly
true
:
Yet
,
1.
I
hope
,
these
who
in
the
beginnings
of
Kingdoms
died
for
Treason
died
by
lesse
then
bills
of
Attainder
,
viz.
by
bare
Royall
Decrees
,
which
I
cannot
think
our
Author
imagines
were
then
drawn
in
Exemplum
.
2ly
.
It
is
to
be
considered
,
that
because
in
these
beginnings
of
Kingdoms
some
Crimes
,
that
are
such
by
the
light
of
Reason
,
were
necessarily
punished
without
Statut
,
it
will
not
follow
,
That
therefore
Crimes
may
now
be
made
at
Random
,
and
punished
at
Pleasure
.
3ly
.
It
is
without
controversy
,
That
whatever
,
at
present
,
is
not
Treason
,
jure
gentium
,
ought
not
to
be
persued
,
and
punished
,
as
such
,
without
a
positive
Law
:
Specially
to
inferr
the
pains
of
For
faulture
,
which
,
exceeding
the
prescript
of
common
Reason
,
do
certainly
in
all
cases
require
an
Express
Statut.
4ly
.
It
is
most
dangerons
,
and
tends
visibly
to
defeate
all
the
providence
and
security
of
Law
,
to
alledge
,
That
,
even
in
the
case
of
an
express
Statut
,
Traitors
may
elude
its
words
:
And
that
therefore
something
else
(
no
doubt
the
Judge's
arbitrary
Arbitriment
)
must
be
necessary
.
And
5ly
.
It
is
most
certain
,
and
evident
,
that
neither
by
Statut
,
Law
,
Reason
,
nor
Sense
,
the
Earl's
words
are
chargeable
with
the
smallest
delinquency
,
much
less
the
heavy
Crime
of
Treason
.
2ly
.
Where
it
is
objected
,
That
the
Earl
by
his
Oath
as
a
Privy
Councellour
is
obliged
,
in
that
his
Station
,
and
in
a
Lawful
way
,
to
propone
and
advise
,
and
so
to
wish
and
endeavour
any
Alteration
he
thinks
to
the
advantage
of
Church
and
State
,
not
repugnant
to
Religion
and
Loyalty
:
And
that
therefore
his
Reservation
in
these
terms
was
necessary
,
at
least
,
unde
nyably
good
,
and
lawful
.
Our
Author
knowing
this
to
be
an
unanswer
able
Defence
against
this
imaginary
Treason
,
first
,
propones
it
most
lamely
,
and
overly
,
and
then
for
a
Reply
returns
us
a
full
Concession
;
Which
that
you
may
the
better
perceive
take
the
Argument
for
the
Earl
thus
.
What
the
Earl
is
certainly
bound
to
,
both
by
his
Peerage
,
and
Oath
as
a
Councellour
,
the
Reservation
of
a
freedom
to
do
it
cannot
be
Treason
.
But
to
wish
,
and
endeavour
,
in
his
Station
,
and
in
a
lawful
way
,
any
Alteration
he
thinks
to
the
advantage
of
Church
,
and
State
,
not
repugnant
to
Religion
,
and
Loyalty
,
is
that
which
the
Earl
is
bound
to
,
both
by
his
Peerage
,
and
Oath
as
a
Councellour
.
Therefore
the
Reservation
of
a
freedom
to
do
it
cannot
be
Treason
.
The
Proposition
is
founded
on
clear
Law
,
and
Reason
,
it
being
evidently
impossible
to
conceive
that
the
Reservation
of
a
freedom
to
do
what
is
my
bound
duty
,
by
Oath
,
should
fall
under
the
construction
of
Treason
.
The
Subsumption
is
proven
thus
,
The
Earl
is
bound
by
his
Peerage
,
and
by
his
Oath
as
a
Councellour
,
to
assist
His
Majesty
with
his
best
advice
,
and
concurrence
,
in
all
things
.
Ergo
,
By
his
Peerage
and
Oath
he
is
bound
to
wish
,
and
endeavour
,
in
his
Station
,
and
in
a
lawful
way
,
any
Alteration
he
shall
think
to
the
advantage
of
Church
,
and
State
,
not
repugnant
to
Religion
,
and
Loyalty
.
The
reason
of
the
Connexion
is
,
because
,
as
our
Author
sayes
,
All
comprehends
Any
;
and
Things
,
no
doubt
,
includs
Alterations
,
and
Wishes
,
and
Endeavours
,
in
a
lawful
way
;
for
Alterations
to
seen
advantage
not
only
may
but
must
be
imported
by
the
Advice
and
Assistance
sworn
to
;
when
ever
His
Majesties
Command
or
undoubted
Interest
shall
call
for
them
;
It
being
undenyable
,
that
,
as
Wishes
and
Endeavours
are
included
in
Advice
and
Concurrence
,
so
for
a
sworn
Member
of
His
Majesties
Privie
Council
not
to
give
His
Majesty
,
in
such
an
exigent
,
his
best
Wishes
and
Advice
,
and
his
most
heartie
Endeavour
and
Concurrence
,
would
be
manifest
Perjury
and
Disloyalty
.
Nor
does
it
at
all
alter
the
Case
though
we
restrict
the
Quality
precisely
to
His
Majesties
Pleasure
:
For
,
if
that
be
the
only
Lawful
and
Loyal
Way
of
Wishing
,
Advising
,
Endeavouring
,
and
Concurring
,
It
is
evident
that
the
Earl's
words
do
reserve
this
alone
,
and
no
other
way
beside
.
So
that
there
could
be
nothing
more
justly
said
by
him
for
asserting
that
due
liberty
which
his
Peerage
and
Oath
do
indispensibly
require
,
and
consequently
,
his
Words
,
being
plain
Duty
,
and
Conscience
,
could
never
be
made
Treason
.
Now
after
our
Author
hath
shuffled
over
this
Defence
,
and
Exception
,
as
you
may
see
in
his
Vindication
:
For
an
easie
answer
(
as
he
calls
it
)
he
tells
us
frankly
,
That
no
Oath
doth
hinder
a
man
from
doing
what
is
lawful
,
and
so
there
needed
be
no
Reservation
,
nor
Exception
,
on
that
Consideration
:
And
again
that
the
Oath
did
not
exclude
any
Lawful
Endeavours
,
at
the
Desire
or
Command
of
the
Prince
(
which
the
Earl
,
as
I
have
told
you
,
is
here
as
well
content
to
admit
for
the
qualification
of
Lawfulness
as
our
Author
)
and
so
there
needed
no
Exception
as
to
these
.
And
thus
you
see
that
the
Earl
,
for
a
Reservation
,
even
in
our
Author's
judgment
,
neither
false
nor
unlawful
,
but
only
judged
by
him
to
be
needless
,
is
found
guilty
,
&
condemned
of
high
Treason
;
which
is
as
full
a
Concession
,
in
my
opinion
,
as
could
have
been
desired
.
Ay
but
,
sayes
our
Author
,
The
former
argument
still
recurs
.
viz.
He
that
will
not
bind
up
himself
as
to
any
thing
reserves
a
power
as
to
all
things
;
which
must
,
at
least
,
be
interpret
of
unlawful
things
;
for
lawful
things
need
no
Exception
.
But
(
not
to
notice
our
Authors
Christian
charity
,
and
far
more
observable
justice
,
that
because
Lawful
things
need
not
be
reserved
(
though
in
all
cases
dubious
it
be
certainly
the
more
tender
part
to
reserve
them
)
will
therefore
have
the
Earl's
Reservation
to
be
of
Things
unlawful
,
and
treasonable
)
The
Earl's
Reservation
is
most
expresly
of
Things
lawfull
;
in
so
far
as
he
only
refuses
to
bind
up
himself
,
in
his
Station
,
and
in
a
lawfull
way
,
as
to
things
advantageous
to
Church
,
and
State
,
not
repugnant
to
Religion
,
and
Loyalty
:
Which
is
a
full
and
cumulative
Expression
of
their
Lawfulness
.
And
as
to
what
our
Author
subjoyns
of
the
Earl's
putting
Limitations
on
his
Allegiance
(
in
so
far
as
what
he
sayes
is
intelligible
)
it
is
already
answered
:
It
being
manifest
that
the
Earl's
words
,
in
stead
of
being
a
Limitation
,
are
a
designed
and
ample
Extension
.
In
the
next
place
our
Author
comes
to
tell
us
,
That
the
Earl's
Qualifications
take
off
the
whole
force
of
his
Oath
,
either
as
to
rising
in
Arms
,
or
any
other
unlawfull
thing
:
For.
1.
Sayes
he
,
He
takes
the
Oath
only
in
so
far
as
it
is
consistent
with
it
self
,
and
the
Protestant
Religion
:
So
that
if
he
think
the
Protestant
Religion
shall
require
rising
in
Arms
he
is
not
tyed
.
But.
1.
I
have
told
you
how
false
it
is
that
the
Earl
resolves
the
force
of
his
Oath
upon
his
own
thinking
,
which
here
he
doth
not
so
much
as
mention
.
2ly
.
Is
it
not
strange
how
our
Author
should
judge
that
the
Protestant
Religion
may
not
make
as
certain
a
Qualification
in
the
Earl's
Explanation
as
it
doth
in
the
Councils
?
Where
yet
,
in
liew
of
the
Confession
of
Faith
,
the
standard
appointed
by
the
Parliament
,
it
is
made
the
only
bar
against
Popery
.
3ly
.
What
a
ridiculous
Conceit
it
is
to
think
that
the
Earl
,
by
offering
to
take
the
Test
,
in
as
far
as
it
is
consistent
with
it
self
,
and
the
Protestant
Religion
,
did
reserve
to
himself
a
liberty
to
rise
in
Arms
,
when
by
an
Article
of
the
Test
,
which
can
neither
be
taken
off
,
nor
eluded
by
any
part
of
the
Earl's
Explanation
,
he
was
to
swear
liquidly
,
and
distinctly
,
not
to
rise
in
Arms
?
2ly
.
Sayes
our
Author
,
The
Earl's
Oath
only
tyes
him
as
far
as
he
can
,
which
may
leave
him
yet
bound
by
the
Covenant
.
But
I
have
already
cleared
how
the
Earl
did
only
profess
his
readiness
to
obey
the
Act
of
Parliament
as
far
as
he
could
,
without
intending
by
these
Words
any
restriction
of
his
Oath
;
and
that
to
wrest
them
as
if
designed
for
that
end
is
an
absurd
and
willfull
errour
.
3ly
.
Sayes
he
,
The
Earl
takes
it
only
as
far
as
it
is
consistent
with
it
self
.
And
God
and
the
Earl
only
know
how
far
that
is
.
A
noble
Testimony
to
the
Test
!
And
as
plain
a
declaration
that
our
Author
neither
knows
nor
ca●es
to
know
how
far
it
is
consistent
.
But
having
already
told
you
,
that
the
Earl
did
certainly
use
this
Expression
to
vindicate
the
Test
,
and
his
own
Conscience
,
from
other
mens
Exceptions
,
and
Scruples
;
And
that
no
man
,
in
reason
,
either
ought
to
take
it
,
or
can
be
bound
by
it
otherwise
,
I
shall
not
here
adde
any
thing
.
And
lastly
,
our
Author
repeates
the
danger
of
Limitations
,
telling
us
,
That
if
after
the
dreadfull
effects
we
have
seen
produced
by
them
,
and
that
Parliaments
have
condemned
them
as
Treason
,
we
should
still
be
secure
,
and
unconcerned
,
all
the
world
might
laugh
at
our
ruine
.
But
seeing
it
is
.
1.
Most
ridiculous
to
call
a
manifest
Extension
an
undue
Limitation
.
2ly
.
Most
false
that
ever
the
Parliament
condemned
any
Limitation
of
the
nature
of
the
Earl's
Reservation
,
or
that
ever
a
Deed
qualified
in
the
Earl's
terms
,
was
,
or
can
be
thought
dangerous
,
far
less
rebellious
.
3ly
.
Most
certain
that
nothing
,
in
all
times
,
hath
so
much
ruined
Government
,
and
Governours
,
as
the
unjust
Iealousies
,
and
pretended
legal
,
but
really
violent
Proceedings
of
its
Ministers
,
I
shall
not
trouble
our
Author
with
any
further
Remarks
.
In
the
close
of
his
Discourse
,
he
thinks
fit
to
instigate
Judges
to
Severity
,
and
to
guard
them
against
insolent
Pity
,
as
he
calls
it
,
which
truly
,
after
what
all
men
have
seen
of
their
frank
Procedure
against
the
Earl
,
appeared
to
me
,
at
first
reading
,
a
very
superfluous
Caution
.
But
my
Surprise
was
only
from
the
want
of
our
Author's
fore-sight
,
and
was
soon
intirely
discussed
:
For
,
just
as
I
am
writing
,
there
is
come
to
my
hand
His
Majesties
gracious
Proclamation
,
for
compleeting
,
no
doubt
,
the
selicity
of
our
Author
's
happy
Kingdom
,
by
ordering
the
Prosecution
of
all
Rebells
,
and
their
Resetters
,
&c.
In
the
Execution
whereof
,
now
after
the
Government
had
,
for
severall
years
,
connived
at
many
hundreds
of
these
Rebells
,
and
out-Laws
,
and
thereby
rendered
the
people
secure
and
careless
;
It
is
easy
to
demonstrate
,
that
more
then
ten
thousand
of
his
Majesties
peaceable
Subjects
may
be
prosecute
,
and
punished
as
Traitors
,
and
above
fourty
thousand
beside
made
liable
to
Fining
,
and
Imprisonment
,
at
the
Councils
pleasure
.
A
work
which
,
I
confess
,
requires
the
highest
measures
of
severity
that
our
Author
could
prompt
to
,
&
doth
indeed
leave
the
far
better
part
of
the
Kingdom
without
all
refuge
,
or
relief
,
save
in
his
Majesties
Clemency
:
But
where
I
also
hope
they
shall
seasonably
,
and
comfortably
find
it
,
notwithstanding
all
our
Author
's
many
sly
and
mischievous
Insinuations
to
the
contrair
.
He
wishes
the
Earl
had
come
in
will
,
as
if
forsooth
he
had
proven
him
to
be
guilty
:
And
as
falsly
insinuats
this
to
be
usual
,
that
he
may
represent
him
,
not
only
as
Criminal
,
but
a
Contemner
of
his
Majesties
Mercy
.
He
likewise
tells
us
,
That
he
doth
not
admire
that
this
Author
,
and
these
of
his
way
see
not
this
Paper
to
be
Treason
,
since
they
will
not
acknowledge
it
to
be
Treason
to
oppose
the
Succession
,
and
to
say
,
that
it
can
be
altered
by
a
Parliament
:
Which
yet
the
Scotch
Parliament
thought
to
be
Treason
:
Nor
in
the
last
age
thought
they
it
Treason
to
rise
in
arms
against
the
King
,
and
call
Parliaments
without
him
:
So
that
,
sayes
our
Author
,
The
fault
is
only
in
the
depraved
Intellectuals
of
such
as
have
,
by
a
long
custome
of
hating
Authority
,
bred
in
themselves
a
hatred
of
every
Person
and
thing
that
can
maintain
it
.
But
not
to
stay
here
to
discuss
all
the
Calumny
,
and
Envy
,
wrap't
up
in
this
passage
,
I
shall
only
desire
you
to
consider
.
1.
That
our
Author
would
have
it
a
transcendent
wonder
,
that
the
Author
of
the
Mist
should
say
,
The
Succession
can
be
altered
by
a
Parliament
:
And
yet
he
cannot
but
know
that
that
Person
lives
under
an
express
Act
of
Parliament
declaring
it
Treason
to
say
the
contrary
.
2ly
.
He
sayes
,
The
Scotch
Parliament
thought
it
to
be
Treason
to
oppose
the
Succession
,
and
to
say
that
it
can
be
altered
by
Parliament
.
And
yet
the
same
Scotch
Parliament
judged
it
proper
for
them
to
declare
and
confirm
the
Succession
:
And
Law
and
Reason
say
that
,
Constituere
&
destituere
sunt
ejusdem
facultatis
.
But
not
to
insist
upon
these
things
,
For
a
Conclusion
I
shall
only
take
the
liberty
to
protest
for
my self
(
without
offering
to
anticipate
the
better
judgment
of
others
,
as
our
Author
visibly
doth
)
That
were
I
as
clear
for
the
Succession
as
his
Royal
Highness
,
As
dissatisfied
with
the
old
Statut
,
and
late
Proceedings
of
the
English
Parliaments
about
it
,
as
our
Author
,
As
zealous
for
the
Honour
,
and
Infallibility
of
the
last
Scotch
Parliament
as
his
Majesties
Advocate
,
As
enraged
against
former
Practices
as
the
greatest
Torry
in
Britain
,
And
yet
more
tender
and
respective
of
Authority
then
my
own
heart
:
I
could
not
have
imagined
,
that
either
Misinterpreting
,
Defaming
,
Depraving
,
or
Treason
,
should
have
been
found
in
the
Earl's
words
:
And
am
very
apprehensive
,
that
the
Judgment
so
given
against
him
may
prove
a
greater
bar
to
the
Succession
,
and
Reflection
on
Scotch
Parliaments
,
and
Judges
,
then
all
that
our
Author
hath
laboured
to
squeese
out
of
them
.
COPPY
OF
His
Majesties
Letter
,
ordering
the
passing
of
his
two
former
Signatures
for
the
Earl's
Offices
and
Jurisdictions
.
AT
Edinburgh
,
the
fifteenth
day
of
January
,
1669
Years
,
His
Majesties
Letter
under-written
,
direct
to
the
Lords
Commissioners
of
his
Treasury
,
and
Exchequer
,
was
presented
,
and
read
,
and
ordained
to
be
recorded
,
whereof
the
Tenor
followeth
.
Sic
suprascribitur
CHARLES
.
R.
Right
trusty
,
and
right
well
beloved
Cousins
and
Councellors
,
and
right
trusty
,
and
well
beloved
Councellors
,
we
greet
you
well
.
Wee
did
,
upon
the
fyfteenth
day
of
October
1667
,
sign
a
Signature
,
in
favours
of
the
Earl
of
Argyle
,
and
another
,
shortly
after
,
for
the
Lands
of
Knoydart
:
The
Signatures
,
we
are
informed
,
are
not
past
And
in
August
last
,
our
Secretary
acquainted
us
with
a
Letter
,
which
he
had
received
from
our
Advocate
,
bearing
date
the
thirteenth
day
of
August
1668
Years
,
together
with
an
Information
,
containing
thirteen
Reasons
,
against
some
heritable
Offices
,
comprehended
in
the
said
Signature
:
We
are
also
acquainted
with
the
Earl
of
Argyle's
Answers
.
All
which
we
have
taken
into
our
consideration
:
And
,
although
we
are
very
well
satisfied
with
our
Advocate
,
in
his
doing
of
his
duty
,
in
representing
to
us
what
he
conceives
to
be
fit
for
our
service
in
this
particular
;
as
also
with
his
Fiaelity
,
and
Diligence
in
other
things
relating
to
his
Place
;
Yet
,
upon
serious
Consideration
of
the
whole
matter
,
It
is
our
Gracious
Pleasure
,
That
the
said
Signatures
,
with
these
Offices
,
be
past
our
Exchequer
;
and
that
,
in
the
terms
exprest
in
our
Letter
,
signed
by
us
soon
after
the
signature
,
any
thing
in
our
Instructions
to
the
contrary
notwithstanding
.
For
all
which
this
shall
be
your
warant
.
And
so
we
bid
you
farewel
.
Given
at
our
Court
at
White●al
,
the
seventh
day
of
January
,
166
9/8
,
and
of
our
Reign
the
20
Year
.
By
His
Majesties
Command
.
Sic
subscribitur
Lawderdale
.
Extractum
de
Libris
Actorum
Scacarii
per
me
.
Sic
subscribitur
THO.
MURRAY
Clericus
Reg.
FINIS
.
Notes, typically marginal, from the original text
Notes for div A69685-e3620
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