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Sect. 1. Of the procedure of the justiciary, dress of thanks, July 21st, 1687, 428-address of murders in the fields, and other branches of the the inhabitants of Edinburgh and Canongate, persecution this year, 1686, 354. 1687, ib.

Sect. 2. Of the proceedings of the parliament which met April 29th, this year, with the dis- CHAP. XII. Of the state of matters in the appointment of the project for rescinding of the year 1688, when the sufferings of presbyterians penal statutes, 358-king's letter to the parlia-ended by the happy and glorious revolution, 437. ment, with the parliament's answer, and the commissioner's speech, April 29th, 1686, 359act anent the penal statutes, 1686, 366—reasons why none who own the present government, can consent to abolish the penal statutes, 1686, 367-reasons for abrogating the penal statutes, 371-answer to a paper writ for abrogating the penal statutes, 375-letter from the freeholders of the shires of -, to their commissioners to the parliament, 1686, 381.

Sect. 1. Of the procedure of the justiciary, and acts and proclamations of council this year, 1688, 437-act, January 17th, 1688, for a thanksgiving upon the queen's being with child, 439— proclamation, May 15th, 1688, or the fourth indulgence, 440-act for a thanksgiving, June 14th, 1688, 441-proclamation against Mr David Houstoun, June 12th, 1688, 442-proclamation, August 15th, against books and pamphlets, 443. Sect. 2. Of the taking, trial, and public execution of Mr James Renwick, in February this year, 445.

Sect. 3. Of the king's remarkable letter after the rising of the parliament, the state of Mr Renwick and his followers, some proclamations, and other things this year, which came not in so naturally upon the former sections, 388-not unto death, this year, 454. Robert Cathcart's information against Mr Renwick and his party, 1686, 393-Irish proclamation against treasonable speeches, February 26th, 1686, 398-king's letter to the archbishops, with directions to preachers, March 1686, 399-proclamation against slanderers and leasing-makers, June 16th, 1686, 401-proclamation pardoning the shire of Argyle, September 16th, 1686, 402.

Sect. 3. Of some particular instances of presbyterian ministers, and others, their sufferings,

CHAP. XI. Of the state and circumstances of presbyterians during the year 1687, 402.

Sect. 4. Of some other things which passed this year, with the council's procedure, and other remarkables more immediately preceding the glorious and never to be forgotten Revolution, November, 1688, 461-rules of the schools at Holyrood-house, ib.-proclamation for raising the militia, and setting up beacons, September 1688, 463—king's answer to the council, October 1668, 465-proclamation calling out heritors, October 3d, 1688, 466-act anent the militia, October 9th, 1688, 467-letter from the Scots Sect. 1. Of the procedure of the justiciary bishops to the king, November 3d, 1688, 468— and council, with the general state of the per- king's answer to the former, November 15th, secution through the country, this year 1687, 1688, 469-proclamation, November 10th, against 404-criminal letters against Dr Gilbert Bur-spreaders of false news, ib.-proclamation, Denet, 1687, 406-Dr Burnet's answer, 408-cember 14th, 1688, anent papists, 475-proclaDr. Burnet's second citation, 411-proclamation mation, December 24th, 1688, calling forth the against conventicles, 1687, 413. heritors, ib.-first draught of an address to the Sect. 2. Of the various acts of indulgence prince of Orange, 477-address from the meetgranted this year, and particularly that libertying of presbyterian ministers, to the prince of in July, which presbyterian ministers fell into, Orange, 481-claim of right, 482—act abolishwith some remarks, 416-king's letter to the ing prelacy, July 22d, 1689, 484-draught of an council, February 12th, 1687, 417-proclama-act of parliament excluding persons from public tion, February 12th, 1687, for first indulgence, trust, 485-act of parliament, April 25th, 1690, ib.-some reflections on the foresaid proclama- restoring presbyterian ministers, ib.-act of tion, 420-council's answer to the king, February 24th, 1687, 423-king's letter to the council, March 31st, 1687, or the second toleration, 424 -king's declaration for liberty of conscience in England, April 4th, 1687, ib.-proclamation, June 28th, and July 5th, 1687, or the third toleration, 426-the presbyterian ministers' ad

parliament, June 7th, 1690, ratifying the confession of faith, and settling presbyterian church government, ib.-reasons for rescinding the forfeitures, 487-act of parliament rescinding fines and forfeitures, 489.

APPENDIX, 495.

THE

HISTORY

OF THE

SUFFERINGS

OF THE

CHURCH OF SCOTLAND.

BOOK THIRD CONTINUED.

FROM BOTHWELL TO THE REVOLUTION.

CHAP. VIII.

Of the state and sufferings of presbyterians, during the year 1684.

wish. We have this year a new scene of blood, and public executions were frequent; and, during this summer, murders in cold blood in the fields are beginning, and we shall meet with great numbers of them next year. The universal pressing of the test, was a noble handle for persecution. Fines and banishments are most frequent. The garrisons and lesser courts, by citations and searches, harass the country; and the larger circuits bring persons of better quality to a great deal of trouble. Great numbers of gentlemen of note and rank, are most ex

THE nature of persecution is pro1684. gressive and growing, and it can scarce be otherwise; one sin is a native inlet unto another, and the wicked wax worse and worse. Malice, envy, and enmity, against religion and its followers, are insatiable; and the Lord in the depth of his righteous judgment, suffers sinners to harden themselves, and go on from evil to worse, till their cup fill. Success in sin embolden-orbitantly fined, to the value of their real eth the actors, and thirst after blood, like a fever, still increases till a crisis happen. Accordingly, the reader will find a cruel oppressive spirit mightily upon the increase in Scotland, this year: the work is turning easy, hardships upon presbyterians ordinary, and the trade is gainful to not a few. Towards the end of the year, a vast many gentlemen, formerly out of their reach, were attacked, and the prospect of having a share of swinging fines, as good, if not better, as forfeitures, made the sentences go glibly on. Some of the best of the nation were attacked, and the duke of York had every thing going in Scotland, according to his

estates; and this year is shut up with the martyrdom of that excellent and extraordinary person the laird of Jerviswood. In this heap of matter, where the rigour and severity of the persecution is indeed far beyond any notion I can give, or the lame accounts that now, after so many years, can be had, I cannot observe that order I could desire; yet to essay this as much as the vastness and variety of the matter will allow, I shall give some account of the procedure of the council this year, from the records, both more generally in their acts and commissions, and more particularly in their processes against gentlemen, ministers, and

others and next, I design to lay 1684. before the reader, the processes before the criminal courts, and the forfeitures and deaths enacted by them, with a more distinct account of the processes with relation to the alleged plot. Then natively will follow the procedure at the circuits, and the exorbitant fines after them, with some other hints which came not in so well on the former heads. This will afford matter for eight sections.

SECT. I.

Of the procedure of the council, relative to the sufferings this year 1684.

THE privy council, as influenced now, not only by the clergy, but a habit of severity, heightened by gain and incomes from the fines, was the great spring of all the persecution, and therefore I begin with distinct accounts of their procedure, as the foundation of the other branches of persecution. There was not much need of any new acts, but a vigorous prosecution of those made, and giving commissions to particular persons, with a council and justiciary power. As I have done on the former years, I here just run through what they did, in the order of time it fell out.

Fines were one of the sore oppressions the poor country came under in the former years, as we have heard; the most part of them were pocketted and squandered away in profanity, and it was but a small part of them that ever was accounted for. The duke of Queensberry and others of the prime managers had observed this, and grudged it; wherefore last year a letter was impetrate from the king upon this subject, which was read and recorded in the council-books, January 3d this year, and follows.

"Charles R. Right trusty, &c. Whereas we are informed, that since the indemnity, granted by us soon after the rebellion at Bothwell-bridge was defeated by the blessing of God upon our forces, a great number of fines were imposed by several of our judges and magistrates, in that our ancient kingdom, upon heritors, on the account of fanatic irregularities and disorders, whereof a part hath been uplifted by them, or others

by their appointment. It is now our will and pleasure, and we hereby authorize and require you forthwith to call all such judges and magistrates to an account of what fines, or any part thereof, they, or any others by their order have received, and to take care that with all convenient and legal diligence, all, or such a part of the said fines not yet raised, as our privy council there shall think fit to determine, be uplifted and received from the said heritors, to the end that the same, as well as what is already received, may be brought into our exchequer, to be disposed of to such uses, and in such manner as we shall hereafter think fit to appoint. Providing always, that the remainder of such fines be not discharged, but left as an awband over their heads, for their good behaviour in time coming, accordingly to be raised, or not, hereafter, as our said privy council shall think fit for our service: and in regard it is reasonable and just, that such of the officers of our forces as are or shall be employed in the extraordinary commissions granted, or to be granted in relation to fanatic disorders, have not only their charges allowed, but a reward given them for their good behaviour, we require our treasurer-principal, and our chancellor, to transmit to us an account of all such charges as our officers are at, and of such sums as they judge reasonable to be bestowed on them, to the end that we may declare our further pleasure. Given at Whitehall, April 5th, and of our reign the thirty fifth year.

"MURRAY."

This letter is directed to the lord marquis of Queensberry, lord high treasurer-principal, and lord treasurer-depute, and was remitted to a committee, who were to bring in a report. And, January 10th, the committee about the fines reported, "that having considered his majesty's letter, and the council's remit, it is their opinion, that a distinction cannot be made of persons guilty or less guilty, or altogether free, or who shall deserve his majesty's favour or not, till the persons decerned upon the decreets, and their particular case be considered upon their application; and that therefore letters of horning, under the council's signet,

were at, in putting the laws in execu-
tion against the delinquents, the coun-

1684.

should be direct upon the sentence of the sheriff-depute of Renfrew, as to the heritors of that shire in the first place, to make pay-cil allowed them to retain the sum of two hunment of their fines in fifteen days, being the dred pounds sterling, which is to be distriordinary term of law; and that they or any buted among the late magistrates for their of them who shall make application, shall care in that matter; that the council may be heard before the council; and that after ordain the superplus to be paid into the the discussing of that shire, such another cash-keeper." They do so and appoint it shire may be discussed as the council shall to remain in his hands, till it be considered think fit." what part belongs to the king, as having a right to heritors' fines, and what to the town, as being the fines of burgesses and others not heritors. I meet with no more about this act. If it was put in execution with relation to the other burghs and shires, where fines were uplifted, it would amount to a prodigious sum; and we may see what large allowances were made to the magistrates, who were severe in execution of the laws about fines.

The council approve, and order the persons charged to be heard on their application, by way of suspension. According to this act, we shall, in the following section, find a good many of the heritors of Renfrew, Matthew Stuart, Falside, Balgray, Brisbane, and others, have suspensions and reductions of their decreets granted them. Sir John Maxwell of Nether Pollock, and others of the presbyterian gentlemen of that shire, were in dependance before the justicecourt, and at the end of the year came under most unaccountable fines. Meanwhile, February 12th, Mr Ezekiel Montgomery, sheriff-depute, is ordered to be seized for many malversations in his office; some of them we have heard, and more will fall in. Whether the council went on to examine the procedure about fines in other shires, I know not. All I meet with further in the registers upon this head, is a petition from Hugh Wallace his majesty's cash-keeper, April 17th, showing, "That the council, by their late act, were pleased to ordain letters of horning to be direct against all the magistrates within this kingdom, who had not made report of their diligence, against such as were guilty of ecclesiastical disorders, and to deliver in their decreets and sentences to the lord treasurer, treasurerdepute, or your petitioner in their name, to the effect diligence may be done against the persons liable for such a part of those fines as belong to his majesty. Conform thereunto the magistrates of Edinburgh have been charged to give in their decreets, which they having done, it appears the fines received by them extend to £8349. 12s. Scots given in at the bar. The magistrates are ordained to pay the said sum to his majesty's cash-keeper. And upon a petition from the late magistrates, to have some allowance for the expenses and trouble they

January 23d, the council send a letter to the king by the earl of Perth, seeking liberty to dispense in some cases with the fines imposed upon husbands, for the disorders of their wives. The case came natively in upon the forementioned act, and therefore I annex it here.

"May it please your Majesty, Your majesty's parliament did wisely foresee, that withdrawing from the church would leave your majesty's subjects to be deluded with rebellious principles, and necessarily occasion these field-conventicles, which have proved to be actual rebellion, and are by your parliament, called the rendezvouses of rebellion, and therefore they ordained all persons who withdrew to be fined. And such who are intrusted to put the laws in execution, against that or other ecclesiastical disorders, having on all occasions represented to your privy council, that women were the chief fomenters of these disorders, and that nothing could restrain them except making husbands liable for their fines: they considering, that in all other cases of the like nature, husbands were liable by your acts of parliament for the fines of their wives; and that therefore, by the analogy of law, and parity of reason, the best interpreters of all law, they ought to be so in this case also, did, upon those and many other considerations herewith represented to your majesty, find the

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"3. The parliament having consented, that the wives should be fined, they consented consequentially that the husbands should pay it; for it is a common rule in law, when any thing is granted, every thing is granted, without which that cannot be made effectual.

husbands accordingly to be liable. | therefore, in the construction of the com1684. But because in matters of govern- mon law, be liable in the payment of the ment, and laws relating to it, your sacred ma- fines imposed by act of parliament, withjesty, as the fountain of all justice as well as out expressing this particularly, though power, is the best interpreter, and your appro- sometimes it be expressed. bation adds much vigour to the law, and encourages such as are to put it in execution, we have sent the earl of Perth your justicegeneral to represent the whole case to your majesty, who will inform you fully of all the reasons and occasions of our procedure, and answer such questions as your majesty may desire to be satisfied in, as to this or any other matters relating to your government here, which could not be done by a letter. And we do, with submission to your royal pleasure, desire an approbation of what we have done in this particular, with power to dispense with the fines of loyal husbands, as are no ways to be suspected of connivance with their obstinate wives, but are content to deliver them up to be punished. We are your most, &c.

"J. Drummond,
Geo. Mackenzie,
Jam Fowlis,
And. Ramsay,
J. Lockhart,
J. Graham,
Tweedale,
Balcarras,
Livingstone,

Jo. Edinburgh,

Elphinston,
Kinnaird,
J. Falconer,

Aberdeen Cancel.

Alex. St Andrews,

"4. Laws are to be interpreted by analogy for that is the presumed will of the lawgivers, which has been usually allowed in all other cases of this nature; but so it is, that in all other cases husbands are made liable for their wives' fines. Act 104. parl. 7. Jam. VI. papists are ordained to pay the fines of their wives using popish superstitions; and by the 38th act. parl. 1. sess. 2. husbands are ordained to pay their wives' fines for swearing and cursing. And many other acts, such as those against conventicles and others, husbands are also liable, | and parents are also liable for their children, where there is no act for it.

"5. Laws are to be interpreted by Arthur Glasgow, parity of reason; but so it is, there is as

Queensberry,

Hamilton,

Montrose,
Linlithgow."

Follows the tenor of the reasons mentioned in the foregoing letter, which induced the council to be of opinion, that husbands should be liable for their wives' fines in case of delinquences.

"1. By act 7. parl. 2. sess. 2. Char. II. the parliament appoints every person to be fined who shall withdraw, which certainly must include men and women; and therefore there being no other punishment imposed but that of fining, that fining behoved to be effectual, else the law resolved in nothing. But so it is, that except husbands be liable for the fines, the fine was no punishment, because women, who were the great transgressors in this point, have no estate out of which they can pay fines.

"2. The goods during the marriage being in communion, and the husband having the power over them, he should

great reason for their being liable for their wives' fines in this as in any thing else."

“6. Public interest, and the necessity of the government, is by all lawyers thought a good reason for extending laws by parity of reason; and without husbands being liable, it is impossible to preserve the peace, or prevent rebellion.

"It was urged by lawyers for the defenders, that it was hard that husbands in that case should be liable for their wives. To which it is answered, that rebellion is a harder case, and that has not been considered, in the like cases which were as hard, by the parliament.

"2. That the former immediate law made the husbands liable, and therefore must be presumed to have omitted this designedly. To which it is answered, that having in other acts expressed this, they needed not here, or at least that this was but an omission, which in a thousand other cases is supplied from a parity of reason, and public interest, being universal laws.

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