1663. up under it, but also being convinced | He was buried honourably there, by clear evidence from scripture, that October 4th, being a Sabbath: his it is the only government Christ and corpse lay in state in the isle of the Easthis apostles did leave behind them, kirk, and Mr. William Annand had a sermon whereby the church should be ruled to before their interment, wherein he described, the end of the world: as also, because with abundance of parade, the family, birth, of the many obligations, ties, and vows, piety, learning, travels, life, and sufferings, yet recent upon my spirit for adhering for the sake of the gospel, of the deceased unto it: as also I am convinced that prelate. This is the second bishop dies this prelacy is a human invention, which year, and just now we shall hear of a third. derives its rise only from some antiquated customs in the church. And albeit the Lord in his holy and sovereign providence hath suffered this hedge of presbytery to be broken down, wherein ye have borne deep shares to your power, I do declare that I will not separate from the church of God, but will participate of the ordinances so long as they remain pure among us, only with this proviso, that this my participating of the ordinances do not infer my approving any unlawful or unwarrantable practice in you, or any other of the dispensers of the ordinances. In September, the council write to the king about some new impositions put upon Scotsmen in France, in their traffic, as follows: "Doctor S. RATTRAY." Afterwards, when the bloody and cruel scheme of oppression and persecution opened out, such declarations as this were not received, and though they had, could scarce have been a sufficient salvo for joining with the courses and defections of this lamentable time. However, great numbers, some upon one pretext, some upon another, were brought to much trouble for their nonconformity with the clergy now set up. During the sitting of parliament, and I think by order of it, Angus and Neil M'Leod were denounced and put to the horn, being, as was alleged, the persons who had taken the marquis of Montrose, May 1650. This was done, August 17th, this year. September 29th, Mr. Thomas Sideserf, minister at Edinburgh, and bishop of Galloway, before the year 1638, and now, as we heard, bishop of Orkney, died at Edinburgh.* Bishop Burnet says, "He died a little more than a year after his translation; he had died in more esteem, if he died a year before it."History of his Own Time, vol. i. p. 191.-Ed "Most sacred sovereign, "We are informed by several merchants of this kingdom who traffic with France, and some who reside there who are your majesty's native subjects, that there being of late some impositions put upon the vessels and merchant-goods belonging to foreigners, by the French king; the general farmers of those taxes upon that pretext, have encumbered the goods and vessels of your majesty's subjects belonging to this kingdom, so that they are in bazard to be reduced to the condition of strangers, and lose the benefit of those ancient privileges which for many years they have enjoyed during the reigns of your majesty's glorious predecessors of blessed memory, until the time of the late usurpers, during which, your majesty's subjects of this kingdom did exceedingly suffer in their privileges and immunities in France, and other foreign kingdoms, for want of your majesty's protection. "And seeing it can be made appear, that in the year 787, by a treaty betwixt Achaius, then king of Scotland, and Charles the great, then emperor and king of France, confirmed thereafter in the time of Alexander II. many great privileges were secured unto this your majesty's ancient kingdom; and that in the year 1558, when the dolphin of France, was married to Mary, then queen of Scotland, there was a reciprocal naturalization of the subjects of either kingdom, ratified and recorded here in parliament, and the great council of France, which has been punctually observed; and that whensoever any of your majesty's subjects were troubled in France, for taxes put upon strangers, they wer declared free by sentences of those | was not well, and continued till this time 1663. judicatories, to which they were when he died. Upon the 11th instant, his liable, conform to several declarations of corpse were carried to St. Giles's east church, the French kings from time to time, parti- now the new church in Edinburgh, and laid cularly in the year 1639, by a declaration in mourning before the pulpit. The bells and arrest of the council of state of France, rang for the funeral sermon at four in the whereby all Scottish men living in France, afternoon. Mr. John Hay, parson at Peebles, and their descendants, are declared free of now archdean at Glasgow, preached from all taxes put upon strangers. We found it | Eccles. xii. 5. When sermon was over, the our duty humbly to offer the condition of corpse were put into a mourning coach, those your majesty's subjects, and their and carried to Holyrood-house, with the sufferings and hazard to your consideration, nobility and principal gentry in town; the and take the boldness to implore in their magistrates, the lords of session in coaches, behalf, that your majesty would be graciously and the rest on foot, with trumpets soundpleased to interpose with the French king, ing, and two heralds, and two pursuivants for relief from their present encumbrances, with coats displayed before the corpse, with and the security of their ancient privileges great numbers of torches; the chancellor for the future, and to put a present stop to with his purse after the corpse, and the any levying of taxes from them. And if archbishop of St. Andrews and other bishops your majesty think fit to employ any of your in coaches; and the body was interred in subjects of this kingdom to negotiate that the east end of the Abbey church. affair, we shall be ready to furnish him au- three of our bishops are carried off, and thorities and originals fit for that purpose. bishop Burnet from Aberdeen, is translated We are, &c." I find no more of this till into Glasgow. Doctor Scougal succeeds him king James's reign, the recovery of our privileges in France is brought in to be a bait to come into the repeal of the penal laws against papists. That same day the council considering the vacancy of St. Salvator's college in St. Andrews, recommend to the lord archbishop as chancellor of that university, to name a person to oversee the masters, regents, and scholars, exercising discipline, and enjoying the privileges, and uplifting the emoluments of the provost of that college: and the council require the person named by his grace to accept. We may see the archbishop had some reason for pushing the removal of the reverend Mr. James Wood, of which before. Thus there; and Mr. Andrew Honeyman is made bishop of Orkney, as we shall hear, next year. I shall end this year with remarking, that the council are very careful to supply the alleged necessities of bishops and their clergy. The bishop of the isles was not satisfied with his rent as bishop, and so they allow him the stipend of the parish where he had been minister, and they allow a good large sum out of the vacant stipends to Mr. Annand, though his stipend was not despicable at Edinburgh. I shall give both as they stand in the registers. November 10th, " Anent a petition presented by the bishop of the isles, showing that the provision of the bishopric of the As soon as the parliament rose, a good isles is so mean that unless his majesty shall many went up to court. The commissioner be pleased to take some course for helping who was well received, Lauderdale, the earl of it, the petitioner shall not be able to of Dumfries, lord Bellenden, treasurer-subsist by it, by reason of the distance of depute, Sir John Fletcher advocate. The the place, and the extraordinary expenses primate goes not up at first, but in a little he is put to in visiting his diocese; and seetime followed them, and brought down the ing the stipend of Barnwel, where the supwarrant for the high commission next year.plicant served last twenty-two years, is November 2d, archbishop Fairfoul died in his lodgings at Edinburgh. Since his riding the parliament in pomp and state, he vacant this year, notwithstanding of all endeavours used for planting thereof; humbly therefore desiring, that in consideration of the extraordinary expenses and pains that | but the barbarity of the soldiers, 1661. he is put to, the said year's stipend may hounded out by the prelates, and be allowed him for his present supply, as under the direction of the curates, brought the petition bears. Whilk being at length the west and south of Scotland, now mostly read, heard, and considered, the lords of his the scene of their severities, perfectly to majesty's council, give warrant and power loath the bishops. Nevertheless, when to the supplicant to uplift the stipend of they perceived that they could not be loved the said parish of Barnwel the said year and esteemed as fathers of the church, they 1663, and ordain the heritors, feuars, and resolve to be feared, as tyrants ordinarily liferenters, and others liable, to make due do; and therefore they prevail to get a and thankful payment; and if need be, high commission court set up, effectually to ordain letters to be direct hereupon in form bring this about. as effeirs." The same day, " Anent a petition of Mr. William Annand minister at Edinburgh, showing, that whereas the petitioner's father, in consideration of his sufferings, was appointed two hundred pounds sterling, out of the vacant stipends, notwithstanding whereof, his father, during his lifetime, received nothing thereof; humbly therefore desiring the same locality might be assigned to the petitioner, for payment of the said sum, or else that he may be recommended to the lord St. Andrews his grace, for that effect. The lords of council recommend him to the archbishop of St. Andrews, to appoint a locality for the said sum, and ordain letters of horning to be direct upon the localities so to be granted." CHAP. V. OF THE STATE AND SUFFERINGS OF PRESBY- We are now got through the most 1664. considerable transactions of the period which is the subject of this first book: we are to have no more parliaments for some years; and the extensive and large acts of council, with the severe execution of them, already described, leave little room for much further to be done by the managers, until the rising at Pentland is taken hold of for a handle to further severities. However, the laws made by the three last sessions of parliament, now begun to be rigorously executed by the army, did not satisfy the cruel bishops. The people in Scotland, when episcopacy was forced upon them, had ill enough impression of them and their curates; This terrible court is the chief and most remarkable thing in this year I am now entering upon; and because very little, either as to its nature or proceedings, hath, as far as I know, been published, I shall give the larger accounts of it in this chapter. The work of the privy council was pretty much abridged by this frightsome court; and yet we shall find them going on to put in execution the act of Middleton's parliament concerning the fines, and pushing the declaration formerly spoken of, and, at the instigation of the bishops, making some new and very unaccountable acts against presbyterian ministers, and others of that persuasion. Besides, they are going on against some more particular gentlemen and ministers, and putting them to new trouble. Those, with some other incidental matters that tend to clear the history of this year, will afford matter for five sections; and I begin with the high commission court. SECT. I. Of the erection and powers of the high commission court, with some reflections upon the same. WHEN the plan of prelacy was perfected and set up in Scotland, the king was made to expect, that his prerogative would be strengthened in Scotland, and his power and pleasures every way secured. Νο doubt somewhat as to both was done for him, but in reality the bishops were a dead weight on his authority, and a clog upon his actings; and as they dethroned him in the hearts of the best of his subjects, so they were perpetually teasing and vexing hi Commission for executing the laws in church affairs. with new demands, dishonourable | appear from the king's commission brought 1664. for his majesty to go into, and very down by the archbishop; which is as follows: burdensome to his subjects and the poor country. Thus the archbishop of St. Andrews, in the end of December, last year, comes up to court to make new demands, and use his interest for filling up the vacant bishoprics, but especially for erecting the high commission court. "Our sovereign lord ordains a commission to be passed and expede under his majesty's great seal for the kingdom of Scotland, making mention, that in consideration of the multiplicity and weight of the affairs of the state incumbent upon the lords of privy council, so as they cannot attend the due execution of the laws against popery, sepa authority; and to the effect that the disorders and contempt of authority and the laws in the provinces of St. Andrews and Glasgow, may be timously suppressed, and the scandalous and disobedient may not through impunity and connivance be emboldened to violate and affront the laws, create disturbances, foment sedition and disaffection to the government of the church and The chancellor, and some other of our noblemen here, were not for running altogether so fast as our prelates would have them; and Glencairn, in particular, was highly dissatisfied with the pride and over-ration, and disobedience to ecclesiastical driving of the archbishop and other prelates. I am informed, he went so far as to say to the earl of Rothes, before his going up to court last year," That it was noblemen's interest and concern to bear down the growing power of bishops, otherwise they were like to be treated now by them, as they had been before the (year) 1638." This coming to the ears of bishop Sharp, I am told he treated the chancellor with indiscretion abun-state, under pretext of any engagements : his dance, and plainly threatened to disgrace and discourt him. When he got up to court, he made heavy complaints of the backwardness of many noblemen in execut-likeas by the tenor hereof, gives and grants ing the laws made for the interest of the church; and prevailed with the king, by the help of the English bishops, and the high-lord treasurer, the archbishop of Glasgow, fliers, to grant a commission for erecting a high commission court in Scotland, made up of churchmen and laymen, to execute the laws concerning church affairs; and it was in every point modelled according to his mind.* The nature of this court will best majesty by virtue of his royal prerogative in all causes, and over all persons, as well ecclesiastic as civil, has given and granted, full power and commission to the archbishop of St. Andrews, the lord chancellor, the duke Hamilton, the marquis of Montrose, the earls of Argyle, Athol, Eglinton, Linlithgow, Hume, Galloway, Annandale, Tweeddale, Leven, Murray; the bishops of Edinburgh, Galloway, Dunkeld, Aberdeen, Brechin, Argyle, and the Isles; the lords * "Sharp went up to London to complain of to be of it, but to these he desired many others the lord Glencairn, and of the privy council, might be added, for whom he undertook, that where he said there was such remissness, and they would execute them with zeal. Lord so much popularity appeared on all occasions, Lauderdale saw that this would prove a high that unless some more spirit were put in the commission court, yet he gave way to it, though administration, it would be impossible to pre- much against his own mind. Upon these serve the church. That was the word always things I took the liberty, though then too used, as if there had been a charm in it. He young to meddle in things of that kind, to moved that a letter might be writ, giving him expostulate very freely with him. I thought the precedence of the lord chancellor. This he was acting the earl of Traquair's part, giving was thought an inexcusable piece of vanity, for way to all the follies of the bishops, on design in Scotland, when there was no commissioner, to ruin them. He, upon that, ran into a great all matters passed through the lord chancellor's deal of freedom with me; he told me many hands, who, by act of parliament, was to pre-passages of Sharp's past life; he was persuaded side in all courts, and was considered as representing the king's person; he also moved that the king would grant a special commission to some persons for executing the laws relating to the church. All the privy counsellors were he would ruin all, but he said he was resolved to give him time, for he had not credit enough to stop him, nor would he oppose any thing that he proposed, unless it were very extravagant. He saw the earl of Glencairn and he 1664. Drumlanerk, Pitsligo, Frazer, Cochran, Hal- | molest, or injure, the ministers who kerton, and Bellenden; the president of the are orderly and obedient to the laws; session, the register, the advocate, Sir John all who do not orderly attend divine worship, Hume, justice-clerk, Mr. Charles Maitland, administration of the word and sacraments, the laird of Philorth elder, Sir Andrew performed in their respective parish churches, Ramsay, Sir William Thomson; the provosts by ministers legally settled for taking care of St. Andrews, Aberdeen, Glasgow, Ayr, of these parishes in which those persons are and Dumfries; Sir James Turner, and the inhabitants; all such, who, without any lawdean of guild of Edinburgh, or any five of ful calling, as busybodies, go about houses them, an archbishop or bishop being one of and places, for corrupting and disaffecting the number, to use their utmost endeavour people from their allegiance, respect, and that the acts of parliament and council, for obedience, to the laws; and generally, without the peace and order of the church, and in prejudice to the particulars above mentioned, behalf of the government thereof by arch- all who express their disaffection to his mabishops and bishops, be put in vigorous and jesty's authority, by contravening acts of impartial execution against all and every one parliament or council in relation to church within the kingdom of Scotland, who pre- affairs. With power to the said commissume to violate, contemn, or disobey, those sioners, or any five of them, an arcl.bishop acts and the ecclesiastical authority now or bishop being one of the number, to apsettled; to summon and call before them point ministers to be censured with suspenat whatsoever time and place they shall ap- sion or deposition, and to punish by fining, point, all popish traffickers, intercommuners confining, committing to prison, and incarceratwith, and resetters of Jesuits and seminary ing them and all other persons, who shall be priests, all who say or hear mass, all ob- found transgressors, as aforesaid, according stinate contemners of the discipline of the as they shall judge the quality of their offence church, or for that cause suspended, deprived, to deserve, they always not exceeding the or excommunicated; all keepers of conven- fines and punishments enjoined by the acts ticles, all ministers who, contrary to the laws of parliament and council. Commanding and acts of parliament or council, remain or the captains of his majesty's guards, the intrude themselves on the function of the officers of the standing forces and militia, ministry in these parishes and bounds inhi- sheriffs, deputes, bailies of regalities, justices bited by those acts; all 'such who preach in of the peace, and provosts and bailies of private houses, or elsewhere, without license burghs, to search, seek, take, and apprehend, from the bishop of the diocese; all such all such delinquents, and present them before persons who keep meetings at fasts, and the the commissioners, upon the warrant of any administration of the sacrament of the Lord's five of them, as aforesaid. Commanding supper, which are not approven by authority; likewise the constables and commanders of all who speak, preach, write, or print, to the his majesty's castles, keepers of prisons, and scandal, reproach, and detriment, of the other places of firmance, to receive and deestate or government of the church or king-tain those that shall be directed to them by dom, as now established; all who contemn, would be in a perpetual war, and it was indifferent to him how matters might go between them, things would run to a height, and then the king would of himself put a stop to their career. For the king said often, he was not priest-ridden, he would not venture a war, nor travel again for any party. This was all that I could obtain from the earl of Lauderdale. I pressed Sharp himself to think of more moderate methods. But he despised my applications, and from that time he was very jealous of me."-Burnet's History of his Own Times, vol. i. pp. 301, 302.—Ed. the commissioners, upon the said warrant, as said is, as they will answer upon their obedience, or utmost peril. Ordaining further the lords of his majesty's privy council, upon any certificate subscribed by the said commissioners, or any five of them, as aforesaid, to direct letters of horning for payment of the fines imposed by the said commissioners, in case of the delinquents' disobedience and refusal to compear before them; of which letters of horning, no sus. pension or relaxation shall be granted |