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 thereunto : 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.
      
       
         
           1683
        
      
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         A69685
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         ESTC R15874
         08882435
         ocm 08882435
         41986
         
           
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             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 thereunto : 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.
             Stewart, James, Sir, 1635-1713.
             Mackenzie, George, Sir, 1636-1691. Vindication of His Majesties government, and judicatories in Scotland.
          
           [4], 152 p.
           
             s.n.],
             [S.l. :
             1683.
          
           
             Sometimes attributed to James Steuart--Cf. NUC pre-1956 imprints.
             Errata: p. [4].
             This item appears on reels 341:2 and 1279:7.
             Reproduction of originals in the Edinburgh University Library and the British Library.
             Entry cancelled for A3637A in Wing (2nd ed.)
          
        
      
    
     
       
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         eng
      
       
         
           Argyll, Archibald Campbell, -- Earl of, 1629-1685.
           Test Act (1673)
           Scotland -- History -- 1649-1660.
           Scotland -- History -- 1660-1688.
        
      
    
     
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           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
           vvait
           for
           a
           more
           convenient
           season
           ,
           It
           's
           like
           I
           had
           continued
           to
           comply
           (
           as
           I
           have
           done
           hitherto
           )
           vvith
           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
           ,
           vvith
           the
           appearance
           of
           a
           publick
           allovvance
           :
           For
           ,
           albeit
           
             all
             wise
             and
             sober
             men
          
           ,
           not
           only
           in
           Scotland
           ,
           but
           also
           in
           the
           vvorld
           ,
           vvho
           have
           heard
           this
           affair
           ,
           do
           ,
           at
           this
           day
           ,
           sufficiently
           understand
           its
           rise
           ,
           procedure
           ,
           issue
           ,
           and
           tendency
           ,
           vvith
           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
           vvithall
           ,
           the
           equitie
           to
           leave
           their
           advantages
           ,
           and
           sist
           themselves
           
             on
             even
             ground
          
           ,
           vvith
           an
           open
           defiance
           to
           all
           contradictors
           ,
           and
           fair
           submission
           to
           the
           common
           sense
           and
           reason
           of
           mankind
           :
           I
           thought
           ,
           I
           
           could
           not
           be
           vvanting
           to
           such
           an
           happy
           opportunity
           ,
           vvithout
           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
           ,
           vvithout
           further
           delay
           ,
           to
           give
           the
           follovving
           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
           vvere
           ,
           it
           might
           be
           particular
           for
           his
           Royal
           H
           s
           ;
           but
           His
           H
           s
           himselfe
           opposing
           this
           ,
           the
           Earl
           concluded
           vvith
           his
           fear
           ,
           that
           if
           this
           exception
           did
           pass
           it
           vvould
           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
           H
           s
           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
           
             of
             justice
             General
             of
          
           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
           H
           s
           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
               fuffer
               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
                   VVord
                   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
           v
           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
           ;
           4
           th
           Section
           the
           23
           th
           
             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
           47
           th
           Act
           of
           the
           third
           Parliament
           of
           
             James
             the
             V
             I.
          
           and
           the
           8
           th
           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
           16
           th
           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
           19
           th
           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
           23
           
           d.
           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
           23
           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
             ,
             prosess
             ,
             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
           vvhen
           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.
                 M
                 
                 ckenzie
                 ,
              
               
                 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
           tvvo
           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
           allovved
           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
           allovved
           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
           novv
           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
           ,
           vvhich
           I
           did
           vvithout
           any
           other
           Engagements
           to
           the
           Rebels
           but
           allovving
           persons
           to
           give
           bale
           for
           my
           living
           peaceably
           :
           and
           did
           a●
           my
           capitulating
           relieve
           several
           Prisoners
           by
           exchange
           ,
           vvhereof
           my
           Lord
           Granard
           ,
           out
           of
           the
           Castle
           of
           Edenburgh
           ,
           vvas
           one
           .
        
         
           It
           is
           notarly
           knovvn
           ,
           that
           I
           vvas
           forefaulted
           by
           the
           Usurpers
           ,
           vvho
           vvere
           so
           jealous
           of
           me
           that
           ,
           contrary
           to
           their
           Faith
           ,
           vvithin
           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
           vvould
           not
           engage
           not
           to
           serve
           His
           Majesty
           ,
           tho
           there
           vvas
           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
           vvas
           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
           allovved
           to
           be
           Printed
           ,
           and
           a
           Copy
           given
           to
           me
           ,
           vvhich
           contains
           all
           the
           expressions
           I
           am
           charged
           for
           ,
           and
           many
           more
           that
           may
           be
           stretched
           to
           a
           vvorse
           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
             vvhom
             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
           vvas
           then
           Lord
           Lorn
           ,
           for
           capitulating
           vvith
           the
           English
           ,
           vvherein
           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
           ,
           vvithin
           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
           ,
           vvhen
           fevv
           had
           the
           Courage
           to
           ovvn
           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
           vvell
           vvrit
           e
           I
           hope
           this
           discreet
           Gentleman
           vvill
           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
             follovves
             .
          
        
      
       
         
         
           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
           Lavvs
           ,
           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
           Lavvs
           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
           ansvver
           ,
           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.
             C
             r
          
           
             E.
             Dalhousie
             ,
          
           
             E.
             Roxburgh
             ,
             P.
             C
             r
          
           
             E
             Dumfries
             ,
          
           
             E.
             Linlithgow
             ,
             P.
             C
             r
          
           
             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
           vvas
           inclosed
           :
           And
           ,
           after
           sometime
           ,
           returned
           
             their
             Verdict
          
           ,
           vvhich
           vvas
           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
             nevv
             vvay
             ,
             vvhereby
             no
             man
             is
             at
             all
             bound
             to
             the
          
           Test
           ;
           
             For
             hovv
             can
             any
             man
             be
             bound
             ,
             if
             he
             vvill
             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
             vvhat
             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
             vvith
             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
           ,
           
             vvho
             can
             determine
             to
             vvhat
             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
             svvorn
             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
             svvears
             only
             to
             the
             Confession
             as
             it
             contains
             or
             agrees
             vvith
             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
             vvhat
             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
           
             vvithout
             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
             vvith
             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
             vvishing
             ,
             or
             endeavouring
             ,
             in
             his
             station
             ,
             and
             in
             a
             lavvful
             vvay
             ,
             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
             vvhat
             alterations
             they
             please
             .
          
           A
           direct
           contrariety
           ,
           insteed
           of
           a
           just
           consequence
           ;
           as
           if
           to
           be
           tyed
           to
           
             Lavv
             ,
             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
             lavvful
             vvay
             ,
             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
           
             Svvorn
             duty
          
           of
           all
           His
           Majesties
           Councellors
           ,
           and
           of
           all
           
             Members
             of
             Parliament
          
           :
           But
           the
           Advocate
           by
           fancying
           ,
           and
           misapplying
           
             Lavvs
             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
             lavvful
             vvay
             ,
             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
           
             vvished
             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
             lavvful
             manner
             ,
             yet
             it
             would
             not
             have
             availed
             ,
             because
             ,
          
           (
           and
           he
           sayes
           well
           )
           
             This
             being
             in
             it self
             unlavvful
             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
             lavvful
             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
             povver
             ,
             and
             made
             an
             Act
             of
             Parliament
             to
             themselves
             :
          
           Neither
           ,
           in
           that
           case
           ,
           can
           the
           
             Councils
             allovvance
          
           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
           S
           r
           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
             Lavvs
             ,
             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
           ,
           
             vvere
             yet
             vvilling
             not
             only
             to
             subscribe
             ,
             but
             to
             svvear
             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
           ,
           vvhen
           ,
           in
           the
           end
           of
           October
           ,
           the
           
             Bishop
             of
             Edenburgh
          
           did
           quarrel
           S
           r
           
             George
             Lockhart
          
           for
           causing
           the
           Confession
           to
           be
           insert
           in
           the
           Test
           ,
           &
           he
           answered
           that
           without
           it
           a
           Turk
           might
           sign
           the
           Test
           ,
           it
           vvas
           not
           then
           pretended
           by
           the
           Bishop
           that
           the
           Confession
           vvas
           not
           to
           be
           svvorn
           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
           vvas
           svvorn
           to
           :
           And
           all
           that
           did
           svvear
           ,
           before
           the
           
             Councils
             Explanation
          
           ,
           having
           svvorn
           in
           that
           sense
           ,
           and
           ,
           for
           ought
           I
           knovv
           ,
           all
           (
           except
           the
           Clergy
           )
           being
           by
           the
           Councils
           Act
           still
           bound
           to
           do
           so
           ,
           It
           vvas
           not
           strange
           the
           Earl
           might
           be
           of
           this
           Opinion
           .
           And
           seeing
           that
           many
           of
           the
           Contradictions
           vvere
           alledged
           to
           arise
           hence
           ,
           and
           the
           Earl
           being
           a
           dissenter
           ,
           it
           vvas
           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
           vvhich
           the
           Earl
           ,
           as
           he
           hath
           ever
           ,
           doth
           still
           most
           thankfully
           acknovvledge
           .
           But
           seeing
           the
           Advocate
           hath
           no
           vvarrand
           to
           upbraid
           him
           vvith
           his
           Majesties
           favours
           ,
           and
           that
           these
           things
           are
           novv
           remembred
           vvith
           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
           ansvver
           a
           little
           more
           particularly
           ,
           and
           refute
           
             this
             new
             tout
          
           (
           as
           the
           scots
           proverb
           is
           )
           
             in
             an
             old
             horn
          
           .
           This
           old
           Leasing-making
           is
           then
           novv
           brought
           in
           seriously
           after
           it
           hath
           been
           treated
           in
           ridicule
           for
           18
           years
           ,
           by
           the
           very
           Actors
           vvho
           did
           never
           pretend
           to
           defend
           it
           in
           
             cold
             blood
          
           :
           And
           ,
           vvere
           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
           ,
           vvho
           yet
           novv
           return
           to
           Act
           their
           former
           parts
           ,
           and
           that
           they
           had
           then
           laid
           dovvn
           a
           resolution
           to
           intrap
           him
           ,
           
             per
             fas
             ,
             aut
             nefas
          
           ,
           but
           notvvithstanding
           all
           this
           ill
           humour
           and
           violence
           ,
           all
           the
           ground
           they
           could
           get
           for
           a
           quarrell
           ,
           in
           tvvo
           Years
           time
           ,
           vvas
           one
           
             single
             letter
          
           ,
           among
           many
           they
           intercepted
           ,
           the
           occasion
           and
           import
           vvhereof
           vvas
           as
           follows
           .
           About
           a
           tvvelve-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
           insinuat
           ions
           ,
           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
           solly
           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
           35000
           l
           Sterl
           :
           Yet
           upon
           
             Argyle's
             forfaulture
          
           the
           
             Marquess
             of
             Huntly's
             Estate
          
           ,
           extending
           to
           4000
           l
           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
             vvas
             sure
          
           (
           as
           our
           Author
           sayes
           )
           
             vvas
             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
             lavvful
             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
             vvere
             allovvable
             then
             there
             vvere
             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
             knovv
             ,
             from
             any
             man
             of
             sense
             ,
             if
             the
          
           Earl
           
             vvould
             have
             obtained
             ,
             from
             the
          
           Parliament
           ,
           
             at
             the
             passing
             of
             the
          
           Test
           ,
           
             That
             everyman
             should
             be
             allovved
             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
           reserring
           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
           
             M
             r
             Mist
          
           (
           as
           this
           Brouillon
           calls
           him
           )
           sayes
           ,
           
             That
             if
             the
             Authority
             vvhich
             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
             povver
             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
             Lavvs
          
           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
             vvill
             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
             vvhere
             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
             vvith
             it self
             and
             the
             Protestant
             Religion
             ,
          
           All
           this
           must
           be
           nothing
           .
        
         
           As
           to
           what
           our
           Author
           adds
           ,
           
             That
             he
             is
             desirous
             to
             knovv
             in
             vvhat
             part
             of
             Europe
             such
             Qualities
             vvere
             ever
             allovved
             ?
          
           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
             vvere
             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
             vvay
             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
           ,
           
             vvas
             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
             Lavvs
             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
             ,
             vvhereby
             misliking
             might
             be
             moved
             betwixt
             the
          
           King
           
             and
             his
          
           Subjects
           ;
           
             And
             that
             it
             regards
             the
             effect
             only
             ,
             vvithout
             respect
             to
             the
             Author's
             design
             ,
          
           the
           same
           is
           false
           ,
           inconsistent
           ,
           and
           dangerous
           :
           False
           ,
           because
           it
           is
           a
           known
           Maxime
           of
           
             Lavv
             ,
             and
             Reason
          
           ,
           That
           
             Maleficia
             ,
             Voluntas
             ,
             &
             Propositum
             Delinquentis
             distinguit
             l.
             53
             ff
             :
             de
             Furtis
             .
          
           And
           to
           think
           that
           the
           Lavv
           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
             ovvn
             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
             vvith
             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
           
             ovvn
             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
           ,
           
             vvas
             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
             vvere
             intended
             by
             the
          
           Earl
           
             for
             a
          
           quality
           and
           part
           
             of
             his
          
           Oath
           ,
           
             as
             if
             he
             had
             said
             that
             though
             he
             vvas
             content
             to
             svvear
             ,
             yet
             he
             vvas
             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
             vvhosoever
             vvould
             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
           
             vvere
             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
           
             unansvverably
             .
             And
             vvhat
             can
             be
             more
          
           Depraving
           
             of
             a
          
           Law
           
             then
             to
             make
             it
          
           Pravam
           Legem
           ?
           
             And
             vvhat
          
           Law
           
             can
             be
             more
          
           prava
           
             or
             pernicious
             then
             that
             vvhich
             is
             inconsistent
             vvith
             the
          
           Protestant
           Religion
           ,
           
             and
             vvhich
             tyes
             to
             svvear
             things
             contradictory
             ?
             And
             the
             having
             svvorn
             and
             dispersed
             his
          
           Explications
           
             shevves
             a
          
           firm
           and
           passionat
           Design
           
             to
             poyson
             the
             People
             vvith
             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
             vvords
          
           :
           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
             vvords
          
           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
             povver
             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
           
             povver
             of
             reforming
          
           ,
           &c.
           
           By
           asserting
           or
           assuming
           to
           himself
           the
           
             povver
             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
           
             povver
             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
           
             povver
             of
             reforming
          
           ,
           in
           the
           former
           sense
           ,
           
             is
             false
          
           ,
           and
           the
           very
           thing
           denyed
           by
           his
           vvords
           :
           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
           
             svvorn
             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
             vvhich
             vvords
             ,
          
           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
             vvords
          
           is
           neither
           the
           Any
           ,
           nor
           the
           All
           ,
           addes
           .
           
             For
             vvhat
             is
             a
             greater
             Limitation
             then
             to
             reserve
             to
             himself
             to
             be
             Iudge
             hovv
             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
             Lavv
          
           ,
           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
           Lavv
           ,
           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
             ovvn
             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
           )
           
             vvas
             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
             vvay
             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
           
             vvould
             easily
             elude
             the
             expressvvords
             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
             Lavv
          
           :
           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
             vvords
             :
             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
             lavvful
             things
             need
             no
             Exception
             .
          
           But
           (
           not
           to
           notice
           our
           
             Authors
             Christian
             charity
          
           ,
           and
           far
           more
           
             observable
             justice
          
           ,
           that
           because
           
             Lavvful
             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
             vvorld
             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-Lavvs
           ,
           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
             vvishes
             the
          
           Earl
           
             had
             come
             in
             vvill
          
           ,
           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
             vvay
             see
             not
             this
          
           Paper
           
             to
             be
          
           Treason
           ,
           
             since
             they
             vvill
             not
             acknovvledge
             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
           
             vvithout
             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
             ovvn
             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-vvritten
             ,
             direct
             to
             the
          
           Lords
           Commissioners
           
             of
             his
          
           Treasury
           ,
           and
           Exchequer
           ,
           
             vvas
             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
             vvith
             the
          
           Earl
           of
           Argyle's
           
             Ansvvers
             .
             All
             vvhich
             vve
             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
             vvith
             his
             Fiaelity
             ,
             and
             Diligence
             in
             other
             things
             relating
             to
             his
             Place
             ;
             Yet
             ,
             upon
          
           serious
           Consideration
           
             of
             the
             vvhole
             matter
             ,
             It
             is
             our
          
           Gracious
           Pleasure
           ,
           
             That
             the
             said
          
           Signatures
           ,
           
             vvith
             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
             notvvithstanding
             .
             For
             all
             vvhich
             this
             shall
             be
             your
             vvarant
             .
             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
           .
        
         
      
       
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