An impartial account of some of the transactions in Scotland, concerning the Earl of Broadalban, Viscount and Master of Stair, Glenco-men, Bishop of Galloway, and Mr. Duncan Robertson in a letter from a friend. Friend. 1695 Approx. 64 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A46076 Wing I65 ESTC R15762 12209845 ocm 12209845 56237 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46076) Transcribed from: (Early English Books Online ; image set 56237) Images scanned from microfilm: (Early English books, 1641-1700 ; 764:26) An impartial account of some of the transactions in Scotland, concerning the Earl of Broadalban, Viscount and Master of Stair, Glenco-men, Bishop of Galloway, and Mr. Duncan Robertson in a letter from a friend. Friend. [2], 30 p. Printed and sold by the booksellers of London and Westminster, London : 1695. Errata: prelim. p. [2]. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Breadalbane, John Campbell, -- Earl of, 1635-1716. Scotland. -- Parliament. 2006-12 TCP Assigned for keying and markup 2006-12 Apex CoVantage Keyed and coded from ProQuest page images 2007-02 John Latta Sampled and proofread 2007-02 John Latta Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion An Impartial ACCOUNT Of some of the TRANSACTIONS IN SCOTLAND , Concerning the Earl of Broadalban , Viscount and Master of Stair , Glenco-Men , Bishop of Galloway , And Mr. Duncan Robertson . In a LETTER from a Friend . LONDON : Printed , And Sold by the Booksellers of London and Westminster . 1695. ERRATA . PAge 2. l. 6. read Eustick . l. 24. r. and that some men suffer . p. 5. l. 1. r. this simple Discourse . l. 4. r. tenendae . l. 7. r. Corvis & Columbas . l. 15. for was , r. there were . p. 8. l. 6. & 7. r. the great men then . l. 8. r. did intend to leave the Bench , and to Travel abroad . p. 12. l. 30. r. bailiary . p. 28. l. 31. r. of all men in Scotland . p. 29. l. 12. r. if he were really guilty . l. 17. r. byass or interest . p. 30. l. 34. leave out , I hope . l. 36. effectual and supply . An Impartial Account of some of the Transactions in Scotland concerning the Earl of Broadalban , Viscount and Master of Stair , Glenco-Men , Bishop of Galloway , and Mr. Duncan Robertson . In a Letter from a Friend . SIR , THOUGH I be none of the most Curious to pry into Foreign Matters , yet the various Reports we have had of the Proceedings of , and Contests betwixt some of the Members of the Scots Parliament , prompted me to desire the Favour of you ( as a Person I believe not much concerned in Factions or Parties ) to let me know something of the Matters of Fact were in agitation there : As also who these Persons are , and their Actions have been , occasioned such great Heats concerning them , at such a Juncture , when all good men ought to be cemented for the good of the Publick , and ought to stand by one another , as one man , to oppose the Evil Designs of the Common Enemy . For my part , I find in ordinary Conversation , that both good and bad People speak generally of these matters , as they affect such Men and Parties , &c. Sir , I will avouch that my steadfastness to the present Government is known by good men to be such , that I cannot in Justice be termed disaffected ; and my Interest is so little with particular Parties , that I dare tell so much of the truth to the Government 's Friends , and my own also , as is convenient : Will therefore strain my Inclinations to give you a succinct Account of some Matters of Fact ; as also what I could learn concerning these men you writ of , which can give no Offence : And though my Obligations to Great Men ( since the late Happy Revolution ) be little , yet will do them all the Justice imaginable . But before I come to answer your Expectation in Particulars , will take the freedom ( by way of a Rustical Preamble ) to Paraphrase a little upon some Wise Men's Sentences . Seneca said , That the most Universal Vice in the World was Ingratitude , because Punishable by no Statute Law , but by Publick Hatred and the Discourse of the Schools , which is said to be the greatest Punishment ; yea , Ingratitude sways the Scepter in most places , as well in private as in publick men . Some men were ungrateful to their Countries , ( of whom we could name several ) and some Countries were ungrateful to their own Worthy , Loving , and Affectionate Children : Pride , Contempt , Avarice , and Envy , are said to be the chief Reasons , and seldom all these concur without Malice and height of Rigour : But I suppose that that part of a Nation is either the Indocile , Ignorant , or Vicious . Socrates suffered for doing good to his Country , even whilst he was doing good to his Country-men in Prison ; they condemned , and put him to Death . Some will Object , That there is some secret Crime brings on a Punishment , and suffers for Crimes they may not be guilty of ; and so it 's their Judgment . But be it so or not , that 's neither Argument nor Excuse for the Instrument's being Cruel or Ungrateful , to Punish by guess , without a fair Tryal , and Conscientious Jury , in Estate , Fame , or Body ; for he who makes no scruple to take away a man's Good Name , will make no steps to take his Life also if he can . Philosophers as well as Historians declare , That the Epicureans denyed a Providence , but that the Stoicks asserted it ; whatever might be in that Contest amongst the Ancient Heathens and Modern pretended Atheists , yet we , who assume the name of Christians , must not only own a Providence , that it over-rules all Actions , Motions , and Events , exalteth one , and pulleth down another ; but also createth Friends and Enemies , and that a Society of good as well as of bad Men may differ in Opinion , which oftentimes occasions not only Jealousies , Emulations , and Debates , but also Strifes , Contentions , Threats , Persecutions , War , and the Death of many well and evil designing Men. Cato struggled long before the People of Rome could understand his Counsels to be for their Good and Safety ; he was affronted and contemned by them , nor did they ever consider his worth till they lost him . Scipio was dismist , Cicero exiled , and Seneca destroyed , he by a Tyrannical Prince only for his goodness . Paul suffered as an evil doer ; yea , our Saviour himself was contemned , set at nought , and condemned to the shameful Cross by his Country-men , out of Pride and Ignorance , for his kindness and goodness to them . So it 's no new thing for good and bad Men to be mistaken , and others to be mistaken of them . It is an Ancient saying , That Loyalty often suffers the Punishment due to Rebels , and Treason receives the Reward of Fidelity . There may be two principal Reasons for this ; Ignorance , and Depravity of mens Natures . Ignorants not being Judges of Men fit for Government , nor the Governour 's Actions , or Secrets of State , which is generally the failure or mistakes of the Populace . Here you will always find Improbarum Duces , who influences the blind Populace vela dare suae fortunae , to accomplish their Designs , though it were upon the Ruins of the Common-wealth . And under the Second may be comprehended all the Vices of the Mind , which would be too long to be named here ; only this one observed by the wise , That we have the Wickedness of other men always in our Eyes , but cast our own over our shoulders * . This confirms all the Proofs of the former Reasons of Ingratitude . Whence it comes to pass , that a Peasant would be a Tribune , a Tribune a Praetor , a Praetor a Consul ( as the Philosopher said ) never minding what he had been in a little time before , but looking still forwards to what he would be * . I know not but Brutus thought ( that when he had destroyed Caesar ) to have been Caesar himself ; but he had only in place thereof , Remorse left with him , ( with , Et tu mi fili Brute ) for his great Expectations . Both good and great Men we see are subject to Envy ; for some People never think themselves happy , till such and such Men be out of their way , as in the case of Haman and Mordecai ; but neither they , nor the Common-wealth can well know the want of such Men till they be gone , when there is no retrieving : For in what sad condition had Esther and the poor Jews been , if Haman had conquered Mordecai ? And it had been better for Haman he had let Mordecai alone . Upon which Considerations , it were very advisable for Societies , if they be any ways split in Parties , to take the Wise Man's Advice , before they Accuse or Prosecute , and to consider three things : First , their Strength whom they Accuse ▪ Secondly , the Enterprize and Merit of the Cause . And Thirdly , the Person or Persons they have to do withal ; and that in respect of their Superiours , Equals , or Inferiours , &c. For as no good Musick , so no good Government or Society without Concord , which cannot well be without bearing of Injuries . And Epicurus said , That Wise Men will bear with all Injuries , Ardua res haec est , where the Publick is concerned . I will therefore conclude this Point with a Sentence of Seneca's , when in an Epistle to his Friend he was condemning Anger and Choler , he adds a But. But ( says he ) in case of exemplary and prostitute dissolution of Manners , when Clodius shall be preferred , and Cicero rejected ; when Loyalty shall be broken upon the Wheel , and Treason shall sit Triumphant upon the Bench. Is not this a Subject to move the Choler of any Vertuous Man ? Now , lest I should weary you too much with a simple Discourse ( yet knows it is to my Friend only ) I come to satisfie so much your Curiosity as is in my Power , without Reflection or Byass : Nam pacis mihi cura temendae . Illud amicitiae Sanctum & venerabile nomen Sed Dat veniam corvus vexat Censura Columbis , Hoc Impedit , &c. As for the Bishop of Galloway , being first in view . In the Year 1686. The late King James having sent the Earl of Morray his High Commissioner to Scotland , with Instructions to Repeal the Penal Laws against Papists ; the aforesaid Bishop stood firm to the Protestant Religion , and though very infirm , went every day to the Meetings of Parliament , to give his Testimony against the Courses then in hand ; for which there was Evil Designs against him , but that God removed him in great Age and Peace a little time after the Adjourning of that Parliament . He being a Pious , Hospital , and Generous Man , left his Lady ( being upwards of Eighty Years old ) but poor : His Eldest Daughter was married to one Mr. Patrick Smith , Advocate , many Years before his Decease . His Second Daughter was married to a Parson ; and the Third was Run away with , a little time before his Death , by the aforesaid Mr. Duncan Robertson , without the Bishop's or any other Friend's knowledge , the said Robertson judging her to be a great Prize , the other two Daughters being married , and she being then the only Child in Familia . The aforesaid Mr. Duncan Robertson was a High-land Gentleman's Son , bordering upon Athol and Lochquhaber , bred up something to the Law at Edinburgh , became a Sollicitor that way , and practised that Employ when he Run away with , and married the aforesaid Bishop's Daughter . When the last Earl of Argile was forfeited in those days , ( and his Children scattered here and there , and the Estate being sequestred by the then Publick Authority ; and all Argile's Officers and Friends in his vast Dominions being laid aside ) he , the said Robertson , what by Money and Interest he made in those days , stept into the Clerkship of the Sheriff-ship of Argile ; but upon the late Happy Revolution , Argile being restored to his Estate , the said Robertson was justly excluded from the said Office of Clerkship ; the same being Heritable in the Earl of Argile and his Families Gift , past memory of Man. The Lord Viscount Stair , he is the Representative of the ancient Family of the Dalrymples of Stair , a Barony in the County of Kyle in the West of Scotland , he being educated in , and endowed with all manner of Learning and Sciences of our Horizon , was received into the faculty of a Advocates , in the year 1648. having before had ( when but very young ) a considerable Post in the Army , verifying Ovid's Phrase in him , Pace data terris ad civilia , &c. In the year 1650. he was made choice of by the then Parliament , to be Clerk or Secretary to the Committee of the Parliament , and Ministers went for King Charles II. to Holland , where he not only gave great Satisfaction by his behaviour to the Committee of Parliament , and all concerned in the said Transaction , but likewise King Charles took particular notice of him , &c. Upon the Restauration of King Charles II. he was Created Knight and Baronet , and advanced to be one of the Lords of b Session , at which time he began to observe and write the c Decisions of the Lord of the Session , and afterwards digested them with former and after Observations of his own and others , in a System or Body , these being Presidents or Rules to Decree by , ( afterwards ) in parallel Cases . In the year 1662. The Presbyterian Government being abolished , and the Episcopal Government established in Scotland , there was a Declaration formed , abjuring the Presbyterian Government , all its consequences , and all the Oaths formerly taken : Which Declaration he not being clear to take , left the Bench , travelled abroad , and coming to Court after his Travels , King Charles Excused and Restored him to his Place again , dispatching a Letter to the Lords of the Session , ( signifying that Sir James Dalrimple of Stair , having given him full satisfaction in relation to the said Declaration ) required them to receive him again to the Bench , without signing the same . Thus I find it marked in the Books of Sederunt of the Lords of the Session , Anno 1664. Then it was that he began to compose a System of the Civil Law , intermixt with the Law of Scotland , and Practises and Presidents of that Soveraign Court , which makes the Law intelligible and known to all the King's Subjects there , who can read English . When Sir John Gilmor ( being then d President of the Session ) was called up to Court to draw up the Contract ( or Articles ) of Marriage between the Duke and Dutchess of Monmouth , the Lord Stair was chosen vice Praeses of the Session , as he was several times afterwards , when Sir John Gilmor turned infirme . And all along when the said Lord Stair was a single Lord of the Session , and sitting by turns on the Bench in the outer house , where most of the Cases and Processes are heard and decreed in the first instance by a single Lord , and where the Judges as to their parts , Judgment , Justice , or Injustice , are mostly known , having none other of the Lords Votes to interfere with their Judgment . He had the greatest Character of Dispatch and Justice of any Man that ever sat upon that Bench ; all Men being desirous to have their Cases brought and tried before him * . In the year 1670. he was one of the Lords who went up to Court about the Union , designed then between England and Scotland : at which time Sir John Gilmore ( the then President of the Session ) died , and he was advanced to be President of the Session . Upon this step some envied him . The Lord President was sent for to Court in March , 1676. to have some differences composed , when he was offered to be Chancellour , which he declined . But seeing great Men turning into Factions , and fearing the thing which came afterwards to pass , intend to go abroad and to desert the Bench * . In Winter 1679. The Duke of York being sent to Scotland , ( 't was thought , by advice of the Duke of Lauderdale for his Safety ) the President would not adjourn the Session , to meet him upon the Road towards Edinburg , ( in Procession with all the Lords of Session ) as was expected ; ( and as most of the Nobility and Gentry of Scotland did ) giving for his reason in his Speech , ( when he , and the rest of the Lords of Session went in their formalities to wait upon the Duke , as a Prince of the Blood , at the King's Palace of Holyroodhouse , the next day after his arrival ) that the Session could not adjourn themselves ( being a Constituted Soveraign Court , instituted by King and Parliament ) without the King and Parliament , which gave offence ; as did also another Expression in his said Speech , against Popery and Bigotry ; the Duke then mask'd , and not going publickly to Mass . In the Spring , 1681. the Duke of Rothes Chancellor dying , ( when there was a Commission given by King Charles to the Duke of York , to be his High Commissioner for Scotland ) 't was mightily talked then , that the Lord President would be made Chancellor . But in that Parliament 1681. the designing Party of the Nobility and Clergy flattering the Duke of York , that all would be as he wished ; matters lookt with a very bad aspect , the President could expect no good . Yet as God said to the Prophet , ( that there were 7000 in Israel , who had not bowed their Knees to Baal ) there was some of the Clergy , many of the Nobility , and most of the Gentry , who did fore-see the Torrent ) they laid aside their Private Heats and Emulations , joined Hands to stop the Current , and by Plurality of Votes , ( though some things did pass current in that Parliament before that time , would have been prevented , if some Men had not been lull'd asleep , ) they did stop more mischief . For the President had drawn up a Test for preservation of Religion , Liberty and Property , ( too long to be inserted here ) made a Speech in Parliament to that purpose , and , though seconded by very many , was thrown out , but some of the then Court-Party drew up another Test to their purpose , which was carried the very next Morning into the g Articles , and past current there . At the Meeting of the Parliament that Morning the Court Test was presented and read , whereupon the Duke of Hamilton , the Earl of Argile , Haddington , &c. The Bishop of Dunkell , ( Bruce ) the Lord Stair , President , Sir George Lockhart , Sir John Cunningham , and many others of the several States , stood up to oppose the said Test , but would not do ; and all they could gain by the Arguments used , was to get the Confession of Faith ( made concerning the Protestant Religion , mentioned in King James the Sixth's Acts of Parliament ) insert in their Test . The inserting of which Confession of Faith ( the Intriguing Party then not understanding the thing , being fond to pass their own Test with any quality without Examination ) was the very thing made some of the Bishops , Nobility , and Gentry stand firm against taking away the Penal Laws in the Parliament 1686. ( They and all the Members of that Parliament having taken the said Test . ) But when the Bishops and others of the then Court-Party ( after the Adjourning of the Parliament that Evening ) had met together , and considered what they had done , in Voting the said Whiggish Confession of Faith ( as they called it then ) and procured the Royal Assent thereto , went in a Body to the Duke of York , and exclaimed against the Lord Stair , President , as the only Man who had wheedled them in the matter , by surprize ; but were told , the thing could not be helped then , being it was past the Royal Assent , but that the Contrivers should be Animadverted upon ; and in some few days that Parliament being adjourned , and the President in disgrace , he retired to the Country , sent his Son , Sir John Dalrymple , now Master of Stair , to the Duke , to signifie , that seeing his Father was not pleasing to his Royal Highness , he intended to go to Court , and give up his Commission to the King his Master , who gave it to him . Upon the Delivery of which Message , the Duke of York ( being surprized ) dispatched Coll. Graham ( then his Privy Purse ) Post to the King , to give Account of the Lord President 's Behaviour , which was the occasion the President had no Access to the King when he went to Court ; but the King desired to tell him , that he might live at home privately under his Protection : Upon which Assurance he went to his Country House in Scotland , did not live there long without an Alarm , which obliged him to repair privately to Edinburgh to advise his Safety ; nor was he long there , when there was a Warrant to seize him , upon which he went incognito to Holland : For certainly his Fate had been the same which was the late Argile's if he had staid at home , when in Holland there were Ruffians sent to seize him , but by Providence made his escape to corners , diverting himself there with the Conversation of the Schoolmen and Scholars of the two Famous Universities of Leyden and Vtricht , and then writ a System of Natural Philosophy . His Lady was harrass'd , and forced to fly to Holland also . His Houses made a Receptacle of Souldiers , His Heritable Office taken from him , and his Tenants spoiled . The then Government raised Process of Treason several times against him , But they could not reach his Estate , by all the stretches of Law were made . In the Year 1687. King James sent him a h Remission to Holland , which he slighted , judging himself guilty of no Crime deserving a Remission , and being safe under the Protection of the Prince of Orange and the States of Holland , rested satisfied . In November 1688. He , the said President , came over with the Prince of Orange ( now our Gracious King ) His Majesty being pleased to communicate his Resolutions to him , as a Man fit to give , and keep Counsel . Sir George Lockhart being President of the Session when the King came over ( but being unfortunately murdered in March 1689. by a base Ruffian , for pronouncing an Unjust Sentence against him ( as he alledged ) though no such thing ) my Lord Stair was re-established in the President 's Chair again . In the Year 1690. he is created Viscount of Stair , Lord Dalrymple and Glenluce . And though this hath been an Age , where meaner Men were ashamed to serve God in their Families , I will add this one good Quality more to him , that he ( besides his Private Devotion ) was never a day in the worst of Times but he read the Scripture , and prayed himself twice in his Family , were there never so great or many strangers present , which might be a Reflection in these days , but I hope not now , and to tell the truth , I dare give no worse Character of him . As for his Behaviour in Matters of State , these are Matters I do not meddle with , let him put his misbehaviour in Publick who will venture to do it , if they can , but I judge it will puzzle any to do it ; and Rational Men will Judge , that he who Rules his Family best at home , is the fittest to Rule in Publick , and I pray God long may such Men Rule amongst us . I will not say , but the Lord Viscount Stair is envied by some People for his Parts and growing Greatness , but that should be no Argument with Rational good Men , being that mens Vertues ought not to be accounted their Crimes . And I believe he may say in his Old Age , Whose Ox , or whose Asse have I taken * ? The Master of Stair is the foresaid Viscount's Eldest Son , liberally Educated and bred to the Law , being upon his Travels in the time of the Dutch War , he and one Ramsay , Son of Sir Andrew Ramsay , of Abbots-Hall , being intimate Companions , happened to be at Chatham , and , as I am informed , preserved one of the King's Men of War from being blown up by the Dutch , with the hazard of their own Lives ; for which brave Action ( when they were but very young ) King Charles Knighted them , before he knew who they were , thus I heard it . In the Year 1672. Sir John was admitted , after his Tryals , to be an Advocate , which Employ he followed for several Years , being of the first Rank . In the Year 1683. when the said Viscount ( his Father ) was forc'd to abscond in Holland , as is said before , the Laird of Claverhouse ( afterwards Viscount Dundee ) having the Command of the Army , which was sent to the West Country to Spoil and Dragoon the Dissenting Party ( not without our Scots Bishops consent ) did attempt to possess himself of the Office of the Baily of Regality of the Lordship of Glenluce ( which did Heritably belong to the said Sir John , and the Viscount of Stair his Father ) Sir John , now Master of Stair ( by Creation of his Father Lord , Baron , and Peer of the Realm ) did oppose the Lord Dundee , and beat him off , for which he was convened before the Council , and fined in 500l . which he paid . In the Year 1684. The said Master was seized at his own house , when his Lady was just to lye in , and made Prisoner , being suspected , it seems , by the then Government to have Correspondence from Holland , and to have carried on intrigues against the Government ; and being brought to Edinburgh , was carried from the Palace of Holyrood-house ( where he was examined by the Ministers of State ) as a Trophe ( it seems to disgrace him ) between the common Soldiers , along the publick Streets , to the common Prison ) more than half a Miles distance ; was kept close Prisoner there for several Months , not knowing for what Crime , ( but as himself then said ) for the Original sin of the Father . At last , after many Petitions , he had the favour granted him by the Council , to be enlarged to the Castle Prison , where he lay a long time , till the Government was ashamed they could not fix a Crime upon him , set him at Liberty . In the Year 1687. there being none of the Advocates ( but these who were advanced to be Lords of the Session , for their then Zeal and Loyalty to the Cause in hand ) ( fit to be the King's Advocate i the Court ( hoping to gain him to their Party , and to wheedle his Father over from Holland ) made the Master King's Advocate , ( that being the time of the Toleration ) and during a whole year he continued King's Advocate , there was none Prosecuted to death , but one Man , upon the score of Nonconformity . The Court perceiving the Master's behaviour in that Post that year , and intending to take another course , by the Dispensing Power ; and finding him not to be a fit tool for their purpose , brought in Sir George Mckhenzie again , to be King's Advocate , and they degraded the Master to be Justice Clerk ; then they found out he was the Man saved the Bishop of Ross , in Anno 1686. by advising him to appeal from the Bishops Court to the Parliament . Upon the Revolution , the Earl of Perth ( then Chancellor , fearing the just indignation of the enraged Mob ) taking his flight , the said Master ( and some others of the Privy Councellors ) taking care first of keeping things in order , and distributing ( so far as was then in their power ) the Government in the best hands ; went up to wait upon the Prince of Orange in December , 1688. concurred in making the address to the Prince , for taking on the Administration of the Government , assisted in the Convention 1689. as a chosen Member thereof ; was the Man chiefly ( with the indefatigable pains and endeavours of the late Duke of Hamilton , chosen President of the Convention ) who concerted the Resolution , and stated the vote of forfeiting King James , and Proclaiming his Majesty and the late Queen , King and Queen of Scotland . The Master of Stair in conjunction with the Earl of Argile , and Sir James Montgomry were voted , and sent up Commissioners from the Three Estates of Scotland , to make offer of the Crown to their Majesties , when our Gracious King was pleased to make the Master his Advocate again , and Lord Melvil Secretary of State , &c. The foresaid Convention being turned into a Parliament ( The Duke of Hamilton made Lord High Commissioner ) some People ( who pretended great matters for Religion , Liberty and Property , being displeased , it seems , that they were not advanced instantly to some places of high dignity and trust in the Government , recoiled : And then it was that we unhappily turned into Parties , which put the Subjects in a ferment , made our Proceedings uneasie ever since at home , and makes the King's Affairs sometimes to be retarded both here and abroad , thus by our Divisions , giving too much encouragement to the disaffected Party . In the Winter , 1690. The Master of Stair was advanced to be conjunct Secretary of State with the Earl of Melvil , who , upon the Revolution , was made sole Secretary of State for Scotland , as aforesaid , which he did merit as ( formerly ) a great Sufferer , and always a true common weals Man. In the year 1692. Mr. James Johnson was made Conjunct Secretary of State with the Master of Stair , and the Earl of Melvil sent to Scotland , to be Lord Privy Seal : And as to these Three Persons they continue in the same Stations and Offices still . The Earl of Broadalban , who was formerly called Sir John Campbell of Glenorchy , an ancient family in the Highlands , a Cadent of the family of Argile , when he married the late Earl of Argile's Sister , ( Countess Dowager of the late Earl of Caithnes , who died without issue Male ) he the said Sir John was created Earl of Caithnes in the year 1677. or 1678. and brought several debts upon the Earldom of Caithnes , and made use of force to possess himself of the Estate ; which created him Enemies afterwards , an Heir Male and of Tail appearing to the deceased Earl of Caithnes , he the said Sir John Campbell took a new Patent to be Earl of Brodalban . In the year 1677. by order of Council he sent a double Regiment of his Tenants and Vassals , in conjunction with the Marquis of Athol , Earl of Perth , and several other Noblemen and Gentlemen to the West Country ( which was then called the Highland Host ) there was a Commission of the Council sent along with them to try the Dissenters ; this created the Earl of Broadalban Enemies also . Upon the Revolution he stood out , but being convinced of his errour as to the alteration from that of Arbitrary and dispotick power , to that of a mild , merciful and peaceable Government , tracing the true Constitution and fundamental Laws of the Nation ; he joined forces , and offered his Service to the Government , by bringing in of the Highland Clans and Rebels by fair means , or necessary stratagems to make the effects answer the end . As for the Glenco-men , the truth is , hic labor , hoc opus est , to describe them without reflection upon my Country-men , which I would willingly avoid ; but the real truth is , they were a branch of the Mc. Donnels ( who were a brave couragious People always ) seated amongst the Campbells , who ( I mean Glenco-men ) are all Papists , if they have any Religion ; were always counted a People given to Rapine and Plunder , ( or Sorners ) as we call it , and much of a piece with your Highway-men in England : Several Governments designed to bring them to condign Punishment , but their Purses , it seems found them out Protectors , and their Country was inaccessable to any small Parties ; and though I dare not approve of the method taken in January and February , 1692. by killing them under trust , and in cold Blood , yet at the same time they deserved the heavy hand of Justice , in a regular and legal manner , which would have made their Neighbours live in more peace and tranquility . I do remember when I first heard then of the matter ; I said to some great Persons , that the best method would be to make these Men Prisoners , and send them abroad to be Soldiers , or to the Plantations , and wishes it had been so . Now that I have given you a Historical account of these Persons in as brief terms as I could , to make you understand the Men , and the relation of matters afterwards . I begin again with the Bishop of Galloway , Mr. Robertson , and the Lord Viscount Stair's affair . The Viscount of Stair is by his own , his Author's and Predecessors Charters , Heretable Bailly or Judge of the Royalty or Regality of the Lordship of Glenluce , within the Bishoprick of Galloway for which the Bishop is obliged , and was constantly in use to pay him 20l. sterling yearly of fee ( or Sallary ) in Money or value , besides the perquisites of the Court , which is allowed to the Deputy always . The Bishop of Galloway died , as was mentioned : The three Daughters and their Husbands did contend about proving the Will of the Deceased , the Bishop's Widow being poor , and detained from what effects the Bishop left , by the contention and tedious unnatural Law Debates of her Children : Mr. Hugh Dalrymple ( the Lord Stair's Son ) being Factor for uplisting of his Father's Rents , the time of his Father's Exile , as abovesaid , and the Viscount himself likewise after his return home , did support her with Money , that she might not starve , during the Law debates ; for which they took security , both from her self and Mr. Patrick Smyth her Eldest Daughter's Husband to repay them . After long and litigious Debates , the Lords of the Session pronounced a i Decreet in favour of Mr. Patrick Smyth , being found to have the best right , and who supported the Mother by his Credit . This Mr. Duncan Robertson , encouraged * by some Persons ( not well inclined to the Lord Stair , to be sure ) presented a Petition to the Parliament upon the 3d day of June last , complaining , that the said Viscount had pronounced an unjust Sentence against him . It would be needless , and not to your purpose , to repeat all the said Complaint , and the great and long Debates followed thereupon ; so I only give you the substance , and the most material points in the Complaint ; ( viz ) That the President in the Debate betwixt the said Robertson and Mr. Patrick Smith , should have done Injustice by making up himself ( or by his Influence ) a Debate , or Minutes and Interloquitor subjoyned thereto upon the 29th . of July , 1692. and signed the same privately in the Vacation . 2. That after there was a Decree pronounced in favour of Mr. Smith against Mr. Robertson ( against which Decree Mr. Robertson gave in a Bill of Suspension ) upon which Bill the Clerk of the Bills refused to write a k Sist , by the President 's Order , thereby stopping the ordinary course of the Law. 3. That the President Transacted during the Dependence of the Plea with Mr. Smith , as Executor to the Bishop , for a Debt due by the President to the late Biship , l and had an m Ease from Mr. Patrick of the Debt , and took Allowance of 20l. Sterling of Baily Fee , which the Bishop would never have paid . The Answer made to the first was , That if Mr. Robertson , or any other could prove against the President , that he did sign any Interloquitor or Debates privately , but what was the meaning of the rest of the Lords p in praesentia , as well as his own Opinion , he were most unjustifiable ; but nothing at all thereof was proved : On the contrary , one Smyth , a Witness q adduced by Robertson himself , Deposed , that the King's Advocate did Dictate them , who is a Man of great Honour and Integrity , and owned the same . The Clerk also deposed the same , and Mr. John Frank , Robertson's own Advocate , Deposed , that the Point mentioned in these Minutes , was stated by the President , which should have been debated , Mr. Robertson's Advocates declined to Debate , and Mr. Patrick Smith craving a Decreet , and that the same was pronounced in Mr. Frank's own hearing and others , so not done privately . Two of the Lords of Session , Halcraig and Crosrig , deposed to the same purpose , and one of these Lords doth exactly remember , that before the Cause was called , the Lords Resolved , that the Parties should Debate the very Points mentioned in the minutes , which was stated truly by the President , as all the Lords resolved . And it is further cleared ( the aforesaid Interloquitor being res gesta , known to , and authorized by all the Lords ) by a subsequent Decreet of Suspension which followed thereupon the first of February , 1693. It was answered to the Second , That the Clerk of the Bills , James Nicolson , did refuse to receive or write upon the Bill of Suspension , because Mr. Robertson was litigious , and after two Decreets in foro , he offered a third Bill , and Mr. Patrick Smith having found Caution or Surety to Relieve Mr. Duncan Robertson and his Wife of any Process might be intended against them , as Executors to the Bishop , ( which was the Pretence or Reasons of his last Bill of Suspension ) and all the Lords rejected the Bill , and discharged the Clerk of the Bills to receive any other Bill of Suspension from Mr. Robertson , except upon Obedience , he having refused to Debate before ; which Deliverance was shewn and duly intimated to the Clerk of the Bills , which is his Warrant : And that the President never spoke directly nor indirectly to him about the same . The Lord Aberuchill also ordinary deposed , that the Clerk did refuse to write a Sist by reason of the said Deliverance of the Lords in praesentia . It was answered to the Third , That , as was said before , Mr. Hugh Dalrymple , by his Father's Orders , ( when in Exile ) and the President himself when he came home , advanced money to the Bishop's poor Widow , to save her from starving , during the dependency of the Plea , for which they took Bond , to be repaid as aforesaid , which was a Security to them in omnem eventum , without any dependence upon the Event of that Plea of Law : For though Mr. Robertson's Title had been just , and sustained by the Lords , the President 's Security was good beyond exception . 1. Because the Widow was provided to a considerable r Life-Rent by her Husband , which was a Debt undeniably preferrable to the Interest of either Party , Smith or Robertson ; and the Advancement to her being less than her Provision , the President could have no byass that way ; besides that Mr. Patrick Smith also had an unquestionable Interest in the Dead's part , and the Legittim , and had acquired the Interest of a third Sister , as Mr. Robertson's own Bill to the Parliament doth acknowledge . So there was no Hazard to , or Injustice in the President , though he had advanced more to Mr. Patrick or the Widow , which he never did , and made no other Transaction , but as aforesaid . And as to the other member of that Allegation , That the President got an Ease from Mr. Patrick Smith of the Debt due by him to the Bishop . It was Answered , That it was a very false Allegation : For by the Discharge granted to the President , it will appear , that the several and particular Sums paid , are Instructed either paid by the President himself , or Mr. Hugh Dalrymple in his absence ; that the President had no Advantage by it , nor was the President concerned what Mr. Duncan's Claim was against the Bishop , or his Executors , seeing the President was not obliged to pay any more to the Bishop , or any claiming Right to his Estate , but what was truly due , and to them who had the best Right . As to that , That the President should have taken an Allowance of 20l. Sterling to himself Yearly of Baily Fee. The President owns he did take the same , and Instructs his Right by an Original Charter Anno 1560. And by another Charter under the Great Seal , Anno 1618. both Charters bearing an Heritable Office of Bailiary , and a Fee of Three Chalders of Meal out of the first and readiest of the Fruits and Emoluments of the Lordship of Glenluce , which three Chalders of the Measure of Wigton ( which is the Measure of that Country ) will be four Chalders and a half of Linlithgow Measure , and which would be worth more than 30l . Sterling Yearly ; yet the President being only in use to receive an Allowance of 20l. Sterling , he exacted no more . And as the said President 's Right was Instructed by his Charters , so the use of Payment appeared by two several Agreements , one with Bishop Hamiltoun , Anno 1666. who preceded Bishop Aitkin , and another , Anno 1688. with Bishop Gordon , who succeeded him , both stating the Baily Fee at 20l. Sterling Yearly . After debating of these Points before the Parliament , it was moved , that the Affair should be committed to a Committee chosen for that particular Case , but it was carried by Plurality of Voices , that it should be committed to the Committee of Safety , who were appointed to give their Report thereof in open Parliament upon the Tenth day of the said Month of June . And the Committee having accordingly examined many Witnesses upon the most material Articles of the Complaint , viz. The alledged Injustice of the Sentence , nothing was proved as I can see against the Viscount of Stair by Robertson ; on the contrary , it was proved by the Depositions of the Lords of Session , Mr. Robertson's own Advocate , and several other Evidences , as abovesaid , that the President 's Transactions were fair , and the Sentence just ; so that Mr. Robertson did not think it adviseable to insist upon the other Articles of the Complaint . Upon the Tenth of June it was moved , I hear , in behalf of the Lord President , that the Parliament would call for the Report of the Committee , and either declare the President Guilty , or if nothing of the Complaint should be proved against him , that they would Acquit the Lord President , and appoint a suitable Punishment upon the Libeller for so impudent a Calumny ; but the Motion was not favoured , there being matters of greater Importance in hand . However the President 's Friends say , they are glad ( that even now in his Lordship's absence ) there are no greater matters of Complaint or Accusation found against him through the whole course of his Life , being sufficiently vindicated of this Accusation by these and other grounds represented , judging there is enough known ( and will be justified by all good unbyassed men ) of his long Service in the Publick , Integrity of Life , firmness of Principles , his and his Families Sufferings in dubious and dangerous Times , and Dutiful Adherence to His Majesty's Interest , before and since the late Happy Revoluton : And that they do confidently hope that His Majesty's High Commissioner , and the Honourable Estates of Parliament will sometime or other find the Justice of the Nation interested to see the Laws and Acts of Parliament for Securing , Maintaining , and Defending the Honour and Reputation of Judges ( who do Represent His Majesty's Person and his Authority ) fully and effectually executed by the Exemplary Punishment of the malicious Libeller , so as Judges in all time coming may be fenced and secured from such bold and insolent Attempts . And upon the whole matter , the President 's Friends say further , that he lost 100l . Sterling by these Transactions concerning the Bishop's Affair , which he never expects again ; so that according to the Wise Man's saying , As it is a hard matter to be both Popular and Just , so to strike , and not wound , is Anger lost , for he is invulnerable , and not hurt , who is struck . As for the matter of the Indictment against the Earl of Broadalban , in so far as I can learn , the matter is thus : That the Earl , Anno 1691. promised to the King to reclaim the High-land Rebels , which way he did it , is in Publick now ; but Mac Donnel of Glengary ( who is the most sensible , and of greatest Probity amongst them ) came in , and deposed before the Parliament , That the Earl did , by Articles agreed upon betwixt him and them , engage , that if King William could not condescend to such and such Articles , he , the said Earl , should with all his Friends and Followers , joyn the Highland Army . The said Deposition being read , it was moved that the King's Advocate should be ordered to Commence a Process of High Treason against his Lordship , and that he in the mean time should be committed Prisoner to the Castle of Edinburgh . And 't was pleaded for the Earl , that he might have time to deliberate his Answer before Impeachment , this being a Surprize to him , and doubted not but he would make it appear to the Parliament there was no ground for the Impeachment . It was further pleaded for the Earl , That Glengary , not being summoned by a Judge to come in as a Witness against him , and especially considered that he was a Roman Catholick , had been in Rebellion against the King , and never knew he had submitted to the Government , unless done privately at this time , and carrying an inveterate Enmity to the Earl's Family , he hoped the Parliament would not found a Process of High Treason against him upon his Deposition . These Arguments did not prevail . It was further pleaded by the Earl , That he had an Ample Commission from the King to do in that Affair all that he should think fit for effectuating his Design : That as well His Majesty as all the World knew that in such Negotiations there must be Allowances for men Commissioned to go , or at least pretend to go great lengths , and to yield to such Condescendencies as they find most taking for accomplishing the Design . That the Effect and Consequence had justified the Methods he had taken . That not only they there sitting , and their Constituents at home , who suffered most in that unnatural and cruel War , but also the Kingdom of England ( who for its own Safety was obliged to maintain some Regiments here in Scotland ) yea , and all the Confederacy had reaped Advantage by his Conduct in that Treaty , many Troops and much Money being now employed against the Common Enemy abroad , which that troublesome War had exhausted for several Years here at home . That seeing the thing it self was good and advantagious for the Nation , he wondered Persons should take Exception against the particular Methods which in Prudence he was obliged to take in carrying it on ; however that he had made it known to Their Majesties , whatever he had said or done in that Affair , and had their Approbation since . It was alledged , that things now Libelled , were not then known . It was answered , that upon a Complaint given against the Earl for these very things he is now accused of , His Majesty recommended to the Privy-Council here to make Enquiry into the matter , which was done accordingly , and transmitted to the King ; that the minutes of Council would clearly shew the same , and desired that the minutes might be called for , but the Parliament did not think fit to call for them . The Earl of Melvil , then Secretary of State , and now Lord Privy-Seal , 't is said , rose up , and avouched the truth of what had been said , and asserted , that the Precognition taken bo the Council , was upon a Complaint ( if not in the same words , yet at at least to same purpose ) with what was contained in Glengary's Depositions , was sent by the Council to him , as Secretary of State then ; That he shewed it to the Queen ( the King being then in Flanders ) who kept it a whole Night by her , that the next day he transmitted it to the King , who ( he knew by the Returns he got from Flanders ) received and perused it . The Duke of Queensbury did declare likewise , that it consisted with his knowledge , that His Majesty received the same , he being then in Flanders with the King , and heard his Majesty Discourse of the matter very often . Upon this some Person moved , That seeing His Majesty had taken the Earl's Behaviour to his own Consideration , and had been informed of all the Methods of his Proceedings in the matter , and had shewn a satisfaction with the Earl's Conduct , by preferring him at that time to several Places of Honour and Trust , The Parliament would please not to proceed in an Affair of such Importance against one of His Majesty's Ministers of State , until he was first acquainted with it . But this being refused , it was desired in behalf of the Earl , they would delay their Proceedings at least until the next Meeting ; but it was voted and carried , that the King's Advocate proceeded immediately against him ; and an Order of Parliament was signed for Committing him to the Castle , where his Lordship was carried immediately after the rising of the Parliament . The Lord Advocate sent him a Copy of his Indictment , and he was ordered to give in his Answer thereto by the First of July instant . Upon the First instant the Earl desired an Exculpation , which was granted to him . Upon Adjourning of the Parliament to the Seventh of November next , the Prosecution of the Earl is delayed till that time . As for the matter of the Glenco-men , made so much ado , we are something in the dark as yet , nor will I meddle to speak , much less to write of any Point the Parliament have Voted , only the Historical part of that matter is this . That when the Earl of Broadalban did undertake to cause the Highlanders to lay down their Arms , give over Hostility , and to give Passive Obedience to the present Government , by taking of the Oaths ( which was very well done , whoever did it ) before they laid down their Arms , there were two or three Indemnities issued forth by His Majesty , encouraging them to come in ; and they did come all in by the prefixed q Diet in the last Indemnity , except the Glenco-men , who it seems finding themselves without Help or Support by the other Chieftains and Clans coming in , Old Mac Kean of Glenco himself only ( as I am informed , as ad aram ultimam ) went to , and prevailed with Campbel of Ardkinglass , Sheriff-Deputy of Argile-shire ( a very worthy honest Gentlemen , and formerly a great Sufferer ) six days after the Diet was elapsed , who received him , and Mac Kean took the Oaths ; though at the same time it was , and is still the Opinion of many good men , that to confide in these men , or to bring them to Conformity to the Government , were Penelope's telam texere . Nor did the taking of the Oaths after the Diet prefixt was elapsed , save or protect them or him from the lash of the Law ( not having come in , in the terms of the Law ) the mercy tendered in the Indemnity being Conditional , in case they came in , and submitted before , or upon such a day ; but was a ground for mercy and mollification of the rigour of the Law , supposing him or them to have taken the Oaths bono animo , and upon true Repentance . I do not hear the rest of his Followers came in , and took the Oaths , judging , it 's like , he and they were safe by his only taking of the Oaths , though post meridiem diei . The Court ( it seems ) not knowing of these Transactions at a great distance of Four or Five Hundred Miles ( and being informed by all hands that they were Nests of Thieves and Robbers ) His Majesty , after refusal of many offered mercies , sent to treat them as Enemies and Rebels : Yet at the same time His Majesty , by his Instructions , as I am Informed , left room for Mercy to them , according to Discretion , and Circumstances of Time and Affairs , which is all could be expected in Reason from His Majesty . The Master of Stair , Secretary of State , writ Letters , it seems , likewise at the same time to the Government , or Officers of the Army there , much to the same purpose , but ( it 's said ) in severer terms , and exceeding His Majesty's Instructions , to treat them like the men they were represented . What may be in this , we know not , not having seen the Master's Letters ; but many wish that they , and all the Instructions relating to that matter of the Glenco-men , had been Printed , to undeceive the generality of good men , who speak as they affect , but could make no true Judgment of the matter as it then stood , only this , That the Parliament has been very Zealous to discover at whose Door the fault ( in killing the Glenco men ) lies . That they were killed in cold Blood , and under Trust * , judging themselves secure and safe ( with their Thirteen days Guests or Lodgers ) is undeniable . But in fine , The Parliament , as you have it in Publick , finds that His Majesty's Orders and Instructions had Mercy in graemio , so that it cannot lodge there , and God forbid it should . They have likewise voted Sir Thomas Livingstoun , Commander in Chief of His Majesty's Forces in Scotland ( who sent the Orders to Col. Hill , Governour of Fort William , and Hamilton , his Lieutenant-Colonel ) clear of it , as also Col. Hill , have summoned Lieutenant-Colonel Hamilton to appear before them , to Answer concerning the said matter ; and upon further Scrutiny where the said Murder will fix , I know not ( Grammatici certant , & adhuc sub judice , lis est ) for the common Souldiers will readily say , that they obeyed but their Superiour Officer's Command ; and the Master of Stair's Friends here say , that they desire the Master's Letters to be Printed , that the World may judge of them ; and if he be judged to have exceeded Bounds , or His Majesty's Instructions , it was his Zeal for the Government , but never intended at the same time that these men should be killed in cold Blood ; and that he did not at all know that any of the Glenco-men had taken the Oaths , ( either before or after the Diet ) when he writ these Letters , being at Court Four or Five Hundred miles distant , as said is ; so it 's wish'd the men , who had the Trust of the Execution of the matter upon the spot , had acquainted the Court or our Government of these unhappy mens then Circumstances , before they went so far on , in which case I doubt whether any of them had been killed or murdered , and consequently no Reflection had been upon any part of the Goverment , or any ever mentioned in the Affair . It 's an old saying , That the Counsels of Wise Men are certain , but Events uncertain . As for my own part , I know nothing of it , but God in Heaven , and the Master of Stair himself knoweth best if he be guilty of a designed murder of these men , or any others : Nor will I Argue about any Point such a Wise , Loyal Parliament have voted or found . But this I may say , That I do not understand where the Master of Stair's Interest lay to destroy the Glenco men , for if he be any ways suspected to be a Jacobite , it was not his Interest upon that score to destroy them by any means in Scotland , their Religion and blind Zeal bending them then altogether that way , whatever new Light these who are living of them have found of late , and if he be thought to be a Church of England man ( though that be against our present Constitution , yet no man in his right Wits will call it a Crime . ) These men were not Presbyterians , to be destroyed upon that score ; nor do I think any man would be so mad as to bribe him to kill them by Authority , without the Hand of Justice going along with it . Some good-natured People may say , out of good will to the Master , that they were Idle men , Robbers , Thieves , & Telluris inutile pondus , Granting all that yet a Statesman's Interest was , to make their Young men Souldiers , or to send them to the Plantations , which had been to good purpose . But a man of his Trust , Capacity , and Reason , to be Accessory to their Destruction in cold Blood , is unaccountable . And being the Honourable Parliament has found that Slaughter a Murder ( as no doubt it was ) in the manner it was done , and that the Master exceeded His Majesty's Instructions , it were a very pertinent Question to ask , What under God's Heavens , was the Master's Byass in the matter ? I can imagine none . There was an Information Printed and dispersed ( as you heard formerly ) by Commissary Dalrymple ( hearing that his Brother , the Master of Stair , and his Letters were made mention of in the Commission appointed for Examining the Glenco Business ) in Vindication of his Brother's Behaviour and Conduct , as Secretary of State , in the said Affair ; Representing , That if People did Construct some Paragraphs , Sentences , or Periods of his Brother's Letters so and so , without connexion of other Sentences , &c. without hearing ( in his own absence ) they did not know what to say of it . But if one Sentence , &c. were connected with others , the whole would not bear the Commentaries the People might put upon them separatim , a and several other Arguments to this purpose . The dispersing of which Informations , after the Commission 's Sentiment ( and they being ready to report their Opinion in open Parliament ) gave Offence to the Parliament . He said , his Printing and Dispersing of them , was before the Vote of Parliament , and said , he intended to give no Offence , mean time he was reprimanded , and was obliged to beg Pardon . The Parliament since Summoning of Lieutenant-Colonel Hamilton , have declared him Fugitive , for not appearing , he is gone since into Flanders , as we hear , to wait upon His Majesty . The Parliament have likewise made an Address to the King , to send Persons home , who may be found Guilty , to be prosecuted for the said Murder , or not , as His Majesty thinks fit . Sir , This Parliament have done great things for His Majesty's Service , and Safety of the Publick : For though there might have been some misunderstandings between some of the Members , yet all concurred unanimously to serve the King and the Country . You know what was said concerning the Nation and Common-wealth of the Romans , Tantae molis erat , Romanam condere gentem . For great matters take up much time to effectuate the ends proposed ; so as we have had good beginnings , good proceedings , hopes all our matters will end well ; for though the almost desperate and uneasie Jacobites ( who but fish in muddy Waters ) should vaunt upon the occasion of some Accidents , ( as to see some honest , well-meaning men differ only in Points of Opinion , ) they being a People soon elevated to Castles of the Air , and soon cast down to the Dust , yet all the bustle they make , comes to nothing at last , but exposes themselves the more to folly . And I am very apt to believe , that all our seeming Differences would evanish upon the sight of our most Gracious King's Presence , upon his Throne in our Parliament ; so will conclude with a great Moralist's saying , or to this purpose , That by the two Blessings of Reason and Union , we might secure and defend our selves against the violence of Fortune ; Sense and Reason we have enough , and what is wanting of the latter , I hope the Defeat of Lewis Le Grand , and our most Gracious King's ( I mean King William's ) Presence once here in our Parliament , would , I am certain , effectuate . I long to see His Majesty here . Vale , & bene valeat & Vivat Rex noster Gulielmus . FINIS . Notes, typically marginal, from the original text Notes for div A46076-e210 * Lintae foris talpae domi . * Fortuna non mutat genus . a A Counsellor at Law. b Or one of the 15 Judges c Cases . ( c ) Journal . d Or Lord Chief Justice . * Qui vindice nullo sponte sua sine lege fidem rectumque colebat . * Beatus ille qui procul à negotii , &c. Horat. car . 5. g The Articles was a Committee of Parliament then in use , made up of the 8 Statesmen , 8 Noblemen , and so many Bishops , and 8 Burgers , and the Commissioner and Statesmen ruled all there . h Or Pardon . * Hic murus aheneus esto , nil conscire sibi nulla palescere culpa . i Attorney General . i a Decree . * sic stetit sententia . k A Sist is a stop of Execution of a Decree by a Judge for a certain limited time . l Lord Stair pay Tithes to the Bishop . m An Abatement . p In Presence of , and by the unanimous consent of all the Lords . q Produced . r Or Annuity . q Diet signifies the day appointed in the Indemnity to come in by . * Faber est quisque fortunae suae . a It 's a saying of the great Seneca . That the best way to help every thing by a fair Interpretation , and where there is a doubt , is , to allow it the most favourable Construction .