Protestant religion, in the public 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 public 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

him for all the injuries he had done me, thus to it serve him and his friends in distress. But the I duke of York took this, as he did every thing from me, by the worst handle possible. He ny said, I would reconcile myself to the greatest enemies I had in opposition to him. Upon this it was not thought fit upon many accounts that I should go and see duke Lauderdale, which I had intended to do. It was well known I had done him acts of friendship: So the scandal of being in enmity with him was over: For a Christian is no man's enemy: And he will always study to overcome evil with

& good.

nour, that he heard one who was in great favour say to the duke, The thing must be done, and that it would be easier to satisfy the king about it after it was done, than to ́obtain his leave for doing it. It is certain, many of the Scottish nobility did believe that it was intended he should die.

"Upon these reasons lord Argyle made his escape out of the Castle in a disguise. Others suspected those stories were sent to him on purpose to frighten him to make his escape; as that which would justify further severities against him. He came to London, and lurked for some months there. It was thought I was in his secret. But though I knew one that knew it, and saw many papers that he then writ, giving an account of all that matter, yet I abhorred lying: and it was not easy to have kept out of the danger of that, if I had seen him, or known where he was: so I avoided it by not seeing him. One that saw him knew him, and went, and told the king of it: but he would have no search made for him, and retained still very good thoughts of him. In one of lord Argyle's papers he writ, that, if ever he was admitted to speak with the king, he could convince him how much he merited at his hands by that which had drawn the Duke's indignation on him. He that shewed me this explained it, that at the duke's first béin Scotland, when he apprehended that the king might have consented to the exclusion; he tried to engage lord Argyle to stick to him in that case; who told him, he would always be true to the king, and likewise to him when it should come to his turn to be king, but that he would go no farther, nor engage himself in case the king and he should quarrel.

"Lord Argyle was brought to a trial for the words he had spoke. The fact was certain: So the debate lay in a point of law, what guilt could be made out of his words. Lockhart pleaded three hours for him, and shewed so manifestly that his words had no sort of criminousness, much less of treason in them, that, if his cause had not been judged before his trial, no harm could have come to him. The court that was to judge the point of law (or the relevancy of the libel as it is called in Scotland) consisted of a justice general, the justice clerk, and of five judges. The justice general does not vote, unless the court is equally divided. One of the judges was deaf, and so old that he could not sit all the while the trial lasted, but went home and to bed. The other four were equally divided: So the old judge was sent for: And he turned it against lord Argyle. The jury was only to find the fact proved: But yet they were officious, and found it treason: and to make a shew of impartiality, whereas in the libel he was charged with perjury for taking the oath falsly, they acquitted him of the perjury. No sentence in our "I had lived many years in great friendage was more universally cried out on than this. ship with the earl of Perth: I lived with him All people spoke of it, and of the dake who as a father with a son for above twelve years: drove it on, with horror: All that was said to and he had really the submissions of a child to lessen that was, that duke Lauderdale had re- me. So, he having been on lord Argyle's jury, stored the family with such an extended juris- I writ him a letter about it with the freedom diction that he was really the master of all the that I thought became me: he, to merit at the highlands: So that it was fit to attaint him, that duke's hands, shewed it to him, as he himself by a new restoring him these grants might be confessed to me. I could very easily forgive better limited. This, as the duke wrote to the hin, but could not esteem him much after so king, was all he intended by it, as lord Halifax unworthy an action. He was then aspiring to assured me. But lord Argyle was made be- great preferment, and so sacrificed me to oblieve, that the duke intended to proceed to exe-tain favour: but he made greater sacrifices afcution. Some more of the guards were ordered to come to Edinburgh. Rooms were also fitted for him in the common jail, to which peers use to be removed a few days before their execution. And a person of quality, whom lord Argyle never named, affirmed to him on his ho

VOL. VIII.

terwards. The duke now seemed to triumph in Scotland. All stooped to him. The presbyterian party was much depressed. The best of the clergy were turned out. Yet, with all this, he was now more hated there than ever. Lord Argyle's business made him be looked on 3 I

by the advocate, and some of the clergy, as unnecessary, but the motion being seconded by sir George Lockhart, and the then president of the session, now turned out, it was yielded 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

dictions, and a part of his estates. Eight ad

the presbyterians, was rendered adverse and equally irreconcileable to every religious per-vocates, who signed an opinion that the explasuasion and sect. A test contradicted throughout by the confession of faith, was expected to be abandoned; but the court party was inured to political oaths. The duke was determined not to forego the political advantages of a test from which he was relieved himself; a strange example of the nature of persecution, and of his character, in exacting from the presbyterians an acknowledgment of the ecclesiastical tis supremacy of the crown, which his own religion disavowed, and did not permit him to subscribe. The established clergy were the first to dissent.

nation was legal, were severely threatened; the assistance of Lockhart was thrice prohibited, and was only granted from an apprehension that Argyle, if deprived of the benefit of counsel, might refuse to plead. The iniquity of the whole trial is manifest; but it is proper, and often profitable in history, to investigate the minute particulars, and to record the infamy of each judge, as a warning to others, and as a wholesome example to future times. When Argyle was arraigned at the bar of the justiciary court, his explanation of the test was perverted throughout. That the parliament never meant to impose contradictory oaths, was converted by Mackenzie, the king's advocate, into a tacit, defamatory implication, that such conliament: That he took the oath as far as it was consistent with itself and with the Protestant religion, implied, maliciously, that it was consistent with neither: That he was not thereby precluded from such alterations as he thought advantageous to the church or state, released from every obligation contained in the test: And that he understood this to be a part of his oath, transferred the legislative power of the estates to himself. By means of such miserable comments, leasing-making, perjury, and treason were deduced from a perversion of the most innocent words. The pleadings are extant, and the arguments of Lockhart reflect dishonour on the public accuser and infamy on the court. He demonstrated to the secret conviction of the judges themselves, that the explanation, far from amounting to treason, was not even criminal; and that the particular expressions were of the most innocent import, necessary to disburden the conscience from perjury, and strictly legal. But the question had been already prejudged in council. The court was adjourned; but the judges continued sitting till midnight, to determine on the relevancy of the libel, whether in point of law the explanation of the test was sufficient to constitute those crimes which the indictment contained. Collington, an old cavalier, and Harcarse, a just and learned judge, prolonged the deliberations on the indictment, and opposed its relevancy, which was supported by Newton and Forret, the former instruments of Lauder"No man could believe, that the ministerial dale's corruption. Queensberry, who presided cabal was so bold and flagitious, or that the as justice general, had himself received the duke was of such a ductile or tyrannical dispo- test with an explanation; and in this delicate sition, as to persist in a judicial trial, in order to situation, when the judges were equally divideprive Argyle of his honours, his estate, and ded on the question, his private conviction was life. Nothing farther was apprehended at first sufficiently attested by his refusal to give a dethan a design to extort, by menaces, a more cisive vote, or forfeit the preferment and faample submission: the surrender of his juris-vour of court by the acquittal of Argyle. To

"The earl of Argyle, when required by the Juke to subscribe the test, was admonished privately, by the bishop of Edinburgh, not to ruin an ancient family, nor to auginent the re-tradictory oaths were actually imposed by parsentment which his opposition had kindled. In the late parliament an attempt had been made, with the duke's concurrence, to divest him of his family jurisdictions and estate. A special commission was proposed, instead of the ordinary judicatures, in order to examine, or rather to resume the gift of his father's forfeiture; he was refused access to the king for protection; he was displaced with Dalrymple from the court of session; and no doubt can remain of the duke's intention to ruin a potent nobleman, whose implicit and unreserved support he despaired to obtain. Argyle, aware of the danger, would have resigned his employments; but on obtaining the duke's approbation, he accepted the test as a privy counsellor, with an explanation. His explanation was graciously received. He resumed his seat on the duke's invitation, but declined to vote on the general explanation which the council pronounced that day upon the test. Next day, he was required in council to renew the oath, as a commissioner of treasury, and when he referred to his former explanation, it was clamorously demanded. Alarmed at this eager importunity, he acknowledged, but refused to subscribe the explanation, and was immediately displaced from the council board. A few day's afterwards he was enjoined to enter prisoner in the castle, and was accused of leasing-making, perjury and treason; of depraving the laws, and assuming the legislative powers of the state. [Wodrow, 3. 7. &c. Burnet, 2. 335.]

Protestant religion: but though several persons, both before and after passing the act for the test (here subjoined) 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 Con

relieve him from this disgraceful dilemma, creatures implied that his execution was Nairn, a superannuated judge, whose attend- necessary, and that it would be easier to ance had been long dispensed with, was roused satisfy the king when the deed was done, from his bed at midnight; and the proceed than to procure his previous consent. Whether ings were read over, as he had not heard the these insinuations were employed to intimidate debate; but he dropped asleep till awakened Argyle, he escaped that evening in the train of for his vote. The interlocutor was pronounced his daughter in law, the lady Sophia Lindsay, next day, in the strict forms of unsubstantial disguised as her page. Sentence of attainder justice: Unconscious of this midnight divan, was immediately pronounced. His honours, Argyle and his counsel were overwhelmed with estate and life, were forfeited in his absence; surprise and despair. They declined any chal- his arms were reversed and torn; his poste lenge of the jurors, or examination of the wit-rity was incapacitated; and a large reward ofnesses; or disdained to renew an unavailing defence. The jury asserted their full share of infamy, in this iniquitous transaction. Montrose, the chancellor or foreman, dishonoured the reputation derived from his grandfather, in order to avenge his death; and of eleven peers and four commoners, seven were privy-counsellors, personal enemies, deeply engaged in the prosecution of Argyle. From a gross affectation of impartiality, they acquitted him of perjury in receiving the oath in a false acceptation, but found by an unanimous verdict, that he was guilty of treason and leasing making to their full extent. [Burnet. Argyle's Case, ii. 5. 8.88.]

fered for his head. Notwithstanding a general alarm, and a vigilant pursuit, he was conducted to London, by Veitch a clergyman, through unfrequented roads; and Charles, who pos sessed not the common justice to pardon and restore him, had the generosity not to enquire after the place of his retreat. [Argyle's Case, 121. 1 Burnet. Wodrow, ii. 213; Fount. Dec. i. 167.]

"Never was a sentence productive of more execration and horror; never, perhaps, was a sentence more flagitiously obtained, than the attainder of Argyle. Even the episcopal party, whom James had attached to his person and interest, were indignant at the shameless prosti "It is in vain for apologetical historians to tution of justice, and the depravity of the prime pretend, and in vain for James to assert in his nobility, who had descended to the basest ofMemoirs, that nothing more was intended than fices, in order to accomplish the ruin of an anto wrest some dangerous jurisdictions out of the cient house. But the presbyterians were struck hands of Argyle. A man, who has perverted with consternation and despair. The most obthe course of justice, in order to acquire an un- noxious of such as had opposed the test, and due power over another's life, has no claim to among these the earl of Loudon, Dalrymple the credit for the motives which it may be conve- late president, Stewart an advocate, Fletcher of nient to assert when his victim has escaped. Salton, retired to the continent. The duke of Argyle had already offered to surrender those Hamilton, and the proprietors of twenty sheriffjurisdictions, unconditionally, to the king. ships, or extensive regalities, rather than receive The design was to ruin the head of the presby- a test so pernicious to Argyle, suffered their terian party, and to divide the estates among hereditary jurisdictions to lapse and revert to the duke's friends, Whatever were their ori- the crown. [Wodrow, ii. 225.] From the ginal designs against his life, his execution, if horror and antipathy which the sentence inspisentence were once pronounced, was a single red, the presbyterians became ever afterwards additional step which their safety might re- irreconcileable to James. He allowed them, quire, and which the duke's authority was suf- they said, to continue protestants, but if they ficient to sustain. When convicted formerly of once ventured to assert their faith, not the most the same fictitious crimes, he was preserved by uniform nor meritorious services could atone Lauderdale, whose influence had now declined, for a single act of opposition or of zeal. [Fount and he discovered that no favour was to be ex- Mem. MS.] Their fears were communicated pected at court. On the return of his messen- to those who had urged his exclusion with such ger, he was informed of the king's instructions, violence in England, and whom the dissolution that the sentence should be pronounced and of the last parliament of Charles had left unpro the execution suspended; but every circum-tected; and Argyle's Case, which was printed stance seemed to announce that his death was resolved. The military were ordered to town, and his guards were doubled: apartments were provided for his reception in the public gaol, to which peers were usually removed from the castle before execution; and the dark and ambiguous expressions of the duke and his

in London, produced a deep impression on the public mind. From the coincidence of the two events, his attainder, at the duke's instigation, was compared with the acquittal of Shaftesbury, against whom it appeared that the king himself had condescended to solicit evidence, if not to practise the arts of subornation, [Ralph,1,639)