though it be by doing the same things twice or thrice over. Probably the managers were afraid to attack the covenant directly, till once they tried the pulse of the members, who generally had sworn it, and secured themselves by this essay; and if this had misgiven, they would have fallen upon it another way but all runs smooth, and the courtiers were in no hazard. 1661. covenant, but the law is founded Having thus made their approaches with all caution and safety to the fortress of the covenants, it is sapped and overturned by their 7th act; which, because it was occasion of great suffering afterward, and every body who reads this history, may not have our acts of parliament by him, I have insert, and take the liberty to make some observes upon it. That even after all this previous caution, they do not declare directly that" that there is no obligation, by covenant or the covenant was treason, for the nation was * Act concerning the league and covenant, and discharging the renewing thereof, without his majesty's warrant and approbation. other treaties, upon Scotland, to endeavour by arms a reformation in England." It is not asserted in the covenant, that in all cases Scotland was obliged by arms to reform England; to be sure, at this juncture, there was no hazard this way. There follows a very unjust reflection upon the covenanters, " or to meddle with the public government, or administration of that kingdom." This the covenanters never took upon them to do, save when pressed thereto by the English themselves. is no obligation upon this kingdom, by covenant, treaties, or otherwise, to endeavour by arms a reformation of religion in the kingdom of Forasmuch as the power of arms, and entering England, or to meddle with the public governinto, and making of leagues and bonds, is an ment and administration of that kingdom. And undoubted privilege of the crown, and a proper the king's majesty, with advice and consent forepart of the royal prerogative of the kings of this said, doth declare, that the league and covenant, kingdom, and that in recognisance of his ma- and all treaties following thereupon, and acts jesty's just right, the estates of parliament of or deeds that do or may relate thereto, are not this his most ancient kingdom of Scotland, have obligatory, nor do infer any obligation upon this declared it high treason to the subjects thereof, kingdom, or the subjects thereof, to meddle or of whatsoever number, less or more, upon any interpose by arms, or any seditious way, in any pretext whatsoever, to rise, or continue in arms, thing concerning the religion and government or to enter into leagues and bonds, with foreign- of the churches of England and Ireland, or in ers, or among themselves, without his majesty's what may concern the administration of his special warrant and approbation had and ob- majesty's government there. And further, his tained thereto; and have rescinded and annulled majesty, with advice and consent of his estates, all acts of parliament, conventions of estates, or doth hereby discharge and inhibit all his maother deeds whatsoever, contrary to, or inconsis-jesty's subjects within this kingdom, that none tent with the same. And whereas, during these troubles, there have occurred divers things, in the making and pursuance of leagues and bonds, which may be occasion of jealousy in and betwixt his majesty's dominions of Scotland, England, and Ireland; therefore, and for preventing of all scruples, mistakes, or jealousies, that may hereafter arise upon these grounds, the king's majesty, with advice and consent of his estates of parliament, doth hereby declare, that there of them presume, upon any pretext of any authority whatsoever, to require the renewing or swearing of the said league and covenant, or of any other covenants, or public oaths, concerning the government of the church or kingdom, without his majesty's special warrant and approbation; and that none of his majesty's subjects offer to renew and swear the same, without his majesty's warrant, as said is, as they will be answerable at their highest peril. 1661. The declaration is again repeated, could do nothing against his lawful oath and that there is no obligation upon covenant." Him the managers were pleased Scotsmen to meddle with the religion of to overlook. England by arms, which is now termed a seditious way. It must be owned, that arms in many cases are none of the best ways to propagate a reformation in religion and church government: but it is certain the Scots were invited to England to assist that nation in their own self-defence against popery, and prelates hasting fast back to it; which quite alters the case, and yet is by many overlooked in this matter. In a word, by this act, all the subjects are "discharged to require the renewing of the covenant, or any other oath, or to swear it, without the king's consent." Whether this clause precludes application to the government in a regular way, for renewing those solemn vows against popery and prelacy, I do not know; neither what is included in the other public oaths here spoken of; they may relate to the oath of canonical obedience, for any thing I know, since the prohibition is abundantly wide. Thus far is plain, that the renewing of the covenant itself is not simply discharged, though I must own there was little prospect of getting the condition here required to this, his majesty's consent. In the 8th act, the parliament give in to the old, and yet continued method, of cover. ing their designs against presbyterians with a pretended zeal against popery; and under this view, frame a very good act against priests and Jesuits: but the narrative of it was complained of, as injurious to truth, and every body's experience; that "disobedience to lawful authority, covered with spe cious pretences," i. e. in their meaning," the work of reformation, and the covenants, had been the occasion of the increase of priests and Jesuits," needs no refutation. The next clause, that "priests and Jesuits abounded more at present, than in the time of the king's father or grandfather," is what I very much doubt of. They were indeed too numerous at present, but they behoved to be many more in king James's time; and what shoals of them were in king Charles I. his reign, the reader will see from the account of the popish government in Scotland at that time, writ by Mr. John Abernethy, a popish priest; which, because it is in the hands of very few, was never printed, and deserves the consideration of all true protestants, I have added. * • Abernethy's (Jesuit) account of the popish government in Scotland. Thus, more softly than one would have expected, the attempt is made upon the solemn league and covenant. Their preparatory acts made it the deed of an unlawful convocation; and they would have it believed, that whatever excellency might be in All governments are either spiritual or tem the matter of it, yet it was no binding law tores, these that rule and govern. 2. Rectos, poral, and both require three things. 1. Rec obliging Scotland, being made a non habente these that are ruled and governed. 3. Modum repotestatem. By those blinds, they huddled three things are found in the popish government gendi, the form of their government. All these over the matter, so as some were cheated in Scotland. And 1st, Their governors and rulers into the thoughts they might safely renounce mi. Those I call remote, are the pope, and that are threefold, that is, remoti, propinqui, et proxithe covenant as a law, and stand by it as a congregation de propaganda (or rather, as I have private oath. With those colours and distinc-heard themselves call it, for the politic knavery tions, this act was voted pretty smoothly to the courtiers' wish: yet some of all the states dissented; but the most part, who were against this act, withdrew, and went out of the house, fearing a public judicial vote might render their compliances under the usurpation unpardonable. I find there was one plain honest man, George Gordon, bailiff of Burntisland, whose vote in all the preparatory steps, and this act, was, "he of it, de extirpanda) fide. The nearer, or propinqui, are Monsieur Francisco Barberino, a cardinal, protector of our nation, Mr. George Cone, secretary for the Latin tongue to the pope, the generals of the several orders, but especially the Jesuits (they being in great number in the country), and fathers, George Elphinstone in Rome, William Lesley in Douay, John Robe younger in London, and William Hennear, or proximi, are some sixteen or eighteen, derson in Burghton, beside Edinburgh. Most more or less, as they can find houses in Scotseveral places of residence in gentlemen or nobleland to place them in. They have all their men's houses, according to William Henderson, 1661. Their 9th act, “approving the engagement | of fact, and reflections upon the 1648," and rescinding the actings of parlia- marquis of Argyle, and the minisments and committees which ensued there-ters who were opposite to the engagement. upon, contains many perversions of matters Those last are represented as a few se superior of the mission, his direction and pleasure: for he has notice of them all before they come into the country, yea, of all their dispositions and qualities, by their superiors or confessors' letters; yet there is no less budding, bribing, envies, malice, and hatred, for obtaining the choice of these houses, than for catching at court a good fat bishopric. And this short relation shall suffice for the notice and knowledge of the rulers and governors of this papistical mission. Concerning the second point, that is, the persons that are ruled and governed by their politic brains, here is little or nothing to be said; although this mass of policy, according to the priests' report, is nothing else but a zealous and pious piece of pains, for the well of the country, and the salvation of poor souls, kept under heretical persecution and bondage. But God knows what Spain means in giving pensions to these zealous men. But this omit to another place. The number and quality of their poor blindly led folks, is (or should at least be better known to the ordinaries of diocesses) if they be not accessory, and pastors of the particular places of the kingdom, than by me, who lived not two years in the country with them. Yet, if I were stressed, I could set them as well in order as the litanies of the saints are; for I know them both perquire. Therefore, ere I conclude this point, I will only notice, that these priests and Jesuits take care, power, and authority over the papists of this kingdom, as over their own parishioners in other countries, and hear their confessions, say their inasses, preach, baptize, marry, give extreme unction to them, as if they were their own subjects and parishioners; whereof they send their relations to the congregation de propaganda fide, to the pope and several generals, once in the year at least, and oftener if they please, making mention of all that has been done by them or their followers, good or evil, of the government, both spiritual and temporal, of this kingdom: for this end, one of themselves, the best rhetorician of the younger sort, is chosen secretary thereto. They are called litera annue, whereof are drawn out their annals, and of these composed their history. I might likewise speak of their division or distinction they give themselves to their penitents (as they call them), dividing them into church-papists and mass-papists. The first are these who hear the word in protestant churches, subscribe and communicate, or in a word, they are inward papists, and outward protestants. The second are these who do not hear the word. The first were maintained by some of the fathers who gave these persons absolution of their sins, as well as others: the second were governed by the Jesuits, who in end have procured at the pope's hands, that these who participate of the protestant sacraments, shall be excommunicated and debarred from their sacraments; yet, for old acquaintance, they will get leave to be present at their masses and preachings, whereof I know sundry other their benefactors or powerful men. Yet, after all this, in articulo mortis, ་་ or upon resolution not to return to that sin again, they will obtain remission or absolution. But all this I pass, minding, God willing, to make it more public to the world at another occasion; concluding and ending this point, that this papistry in Scotland may be joined to these old proverbs, and say, ex illa minore, Sol. 1. de Europa, pons Polonicus, monachus Bohemus, miles australis, Suevica monialis, Italica dinotio, Ruthenorum religio, Teutonum jejunia, Gallorum constantia, castitas Anglicana, papismata Scoticana, nihil valere omnia. The third thing I propounded of their gov ernment contains three points, Imo. The fountain of this government. 2do. Their proceeding in it. Stio. The sinews of their government, that is, their entertainment and maintenance. For the first, it is to be remembered, that pope Gregory the XIII. (called father of the Jesuits, for his liberality to them,) Paul the V., and Gregory the XV., have built a kinglike house in Rome, called Congregatio de propaganda fide. The members of this congre gation, is the pope as supreme head of the kirk, and judge of all controversies. His nephew cardinal Francis Barberino is his lieutenant, and immediate governor of the whole church; divers cardinals and generals of all the orders that teach or preach, the great master of the inquisition, and some few doctors, all as judges of equal authority, their officers to have care and charge of the missionaries in foreign kingdoms and countries, where their religion is not professed, or has suffered detriment, through all the world: so that there can be no time assigned, day or night, but it is lawful to say, now a Jesuit is saying mass; and yet a mass cannot be said after twelve o'clock, without a dispensation: so great are the limits and extent of their bounds. For this end, they have many colleges or seminaries of divers nations and sundry countries, as in Rome, of Germans, Hungarians, English, Scots, Irish, Grecks, Maronites or Armenians, Nephittes, Copties, &c. Of our nation, out of the country, there be five colleges or seminaries, Rome in Italy, Paris in France, Douay in Flanders, Madrid in Spain, Brunsberg in Prussia. In their colleges, youth are brought up in their discipline, throughout all their humanity, philosophy, and divinity. Their colleges are furnished with scholars by the Je suits residing in their several countries, some by their popish parents, some under promises of great learning, some seduced by Jesuits and priests in the countries and abroad, some for poverty; all of the quickest and best wits that the Jesuits can find out amongst many that are propounded to them for that use. The Jesuits have the care and guiding of their colleges, although ruled by the popes, cardinals, and bishops, or other benefactors. Their youths, after they have remained three months in any college, they make a vow to take on priesthood, and return for the conversion of their country, after they be found fit, which is always after their studies. The Jesuits having charge of these seminary-youths, put out the best wits N heartily against the engagement, as it was then stated by the party who set up for it. I shall not here enter upon any detail of this ditious ministers," when it is no1661. tour that the far greatest number of the ministers of this church were and rarest judgments for their own order. Others become monks and friars, and the shallowest remain secular or semirary priests. Yet, whatsoever order they be of, they are tied to their first oath, by virtue of a bull of this pope's, in favour of the foresaid congregation. So let this suffice as a short relation of their source and fountain. 2dly, Their form of proceeding is, that when they are found fit, after their priesthood received, and studies ended, to be sent to their mission. First, they have approbation of their sound doctrine and godly life, from the Jesuits, under whom they have been brought up. Thereafter, they get their patent letters from their congregation or their general, if they be of any order, to go to their country, furnished with two suits of apparel, all their church apparel, and necessaries thereto, and two, three, four, or five hundred crowns, as they have favour, and are thought worthy for their vocation. Next, to come to Douay, where Mr. William Lesley superior there, gives them some books out of the mission's bibliotheck there, and marks to know and be known of their fellows and country: whence they depart, changing their name always, and sometimes their nations, and come to William Henderson in Burghton, in the Canongate, Paisley, or where he is; for he must visit them all once in the year, in their several residences. By him they are visited, if they have all things fit for their calling; if they have not, he furnishes them; if they have, he gives them a letter to some nobleman or gentleman, where they are received, and kept till they have learned the fashion of the country. Thereafter they go abroad as gentlemen or merchants, thereafter any other dexterity they please to use, or functions for their own ends: and so I was chamberlain and bailie in Caithness, for my lord Berrydale. The reason of this is, because, among the rest of the privileges they receive at their departure from Rome, and kissing the Pope's feet, with his blessing, they get power to dispense with themselves and others in all things, yea, in articulo mortis et casu necessitatis, in things reserved to the pope himself, and absolve from all sins, how many soever. Of these fathers, as they call them, there be four already governing in colleges, some agents in great cities for correspondence, whose names are needless, and tedious to rehearse; some who are requisite to be named in Scotland, when I was in it with them, to wit, in Berwick, with Sir James Douglas, and thereabout, one Mr. Brown a Jesuit; in Setton, one Mr. Christison or Campbell, who uses likewise in sundry other places, (excuse me if I know not their names, for we came from several parts at several times) as he is desired, for he is thought of, and sent for in Edinburgh; William Robertson, sometimes in colonel Bruce's, lady Margaret Hamilton's, Riddoch's, John Guthry the taylor's, who for some years bygone brought me to the said William his mass, in the said Margaret's house, with a little Frenchman, where there were some twenty persons, unknown truly to me. The Jesuits frequent lady Margaret Hamilton's, Robert Scot's in the Canongate, Burghton, and with my lord Semple, often. For others l know none in Edinburgh, but by report, not having much frequented the town. In Paisley and thereabout, a very subtile Jesuit, and crafty companion, and yet a scholar, one Mr. Smith with the marquis of Douglas, and Mr. David Tyrie a gray friar in Nithsdale, and thereabout: and Mr. Lindsay a gray friar in the west: one Mr. Lesley a capuchin, called by himself the captain, fled out of the north for having a child in Angus. One Mr. Ogilvie a gray friar, and kinsman to my lord Ogilvie; in Ardestie, Pitalpie, Drumkilbo, and thereabout, one Mr. Drummond; but truly all Jesuits. When I came to the country, with my lady Aboyn, and thereabout, were Mr. John Lesley now dead, and his brother Mr. Andrew Lesley, both Jesuits. In Achigore, Lessindrum, Carneo, Arran, and thereabout, one Mr. William Gibson an Augustin friar. In Aberdeen, one Mr. Mortimer; in the earl of Errol's and the laird of Dalgetie's houses, was one Mr. William Lesley, now superior in Douay. In Buchan was Mr. John Seton and Mr. Tobie; now the one is at Madrid, and the other at London, agents for the two missions. In the Bog and Elgin, and thereabout, Mr. Southwel, and Christie, a very timorous but subtile fellow; the first is in Douay, the last in the Bog. In Caithness, and beyond Ardestie in Angus, myself was a certain time, beside one Mr. Cushet a minim, a pensioner of her majesty's, one ready to all travels, and directions of her majesty's command, and two others, one Mr. Duncan a parson, alias Macpherson in Scotland, but unknown to me where they reside. My third point was concerning their entertainment, which is threefold. Öne from the congregation de propuganda fide; above a hundred crowns, or more, as they have his holiness and the cardinals' favour. Another is their own purchase, their confessions, preachings, masses, pardons, &c. and lately from the king of Spain, of whom every one of them that is out of their college, has eighteen shillings Scots a day. Robert Irvine, called Cossopie, brings it in William Hay laird of Fetter-letter, is the treasurer; both receive their pensions therefore. What others receive, the superior with his counsellors, and the treasurer only know, whereby it may be easily seen they lack nothing in temporalibus. Now my counsel for extirpation of them, is only in two ways. 1st. To hold out all appearances, although of indifferent things to come near to them, because they think ye will not come at once, but gradatim to them, and this holdeth them fast. 2do. Let them not fail to hear, subscribe, and communicate; for by these means ye shall make the priests idle, having an order to deal, that none be suffered to participate of their and your sacraments. This I have written in sincerity, for the salvation of your souls, and the advancement of the gospel, and not of any malice I have to them, as God shall save my soul at the great day. THO. ABERNETHY. affair; any body who writes the history of that period will find matter enough from the very public papers and records, the acts of general assemblies, committees of estates, commissions of assemblies, and not a little in the defences of the marquis of Argyle, to set the matters of fact here, and in other acts of this parliament so much misrepresented, in a just and quite other light. The rescissory part of this act was already made upon the matter, in the preceding acts, and the ratification of what they now make void by the king himself in full parliament, is no hinderance to our levellers in this razing work. I shall likewise leave their 10th act," against the declaration of the kingdom of Scotland," January 16th, 1647, to the remarks of such who shall give the history of the former period; and I am persuaded they will be easily able to take off the aspersions cast upon such, whom the managers are pleased to term a "few seditious persons, who had then screwed themselves into the government." When by the preceding steps they have paved their road, they come by the 11th act to require what turned about to be matter of sore suffering afterwards, "the oath of allegiance," and the subscribing "an instrument assertory of the royal prerogative." Such was their spite at the covenant, that though more than once they had already declared it had no authority as a law; yet by this act they must cut off the dead man's head, and, in as far as lay in their power, enervate the obligation of the matter of it. By another act, in a following session of this parliament, the matter of it is declared unlawful, and they order it to be renounced; at length, in Queensberry's parliament, twentyfour years after this, it is declared to be high treason for any to adhere to it. This 11th act being remarkable, and a sort of abbreviate of all they had done, I have insert it.* Act for taking the oath of allegiance, and asserting the royal prerogative. Our sovereign Lord, being truly sensible of the many sufferings and sad confusions that his dutiful and loyal subjects have been brought under, during these troubles, and desirous, that his royal government, in its due administration, may be refreshing and comfortable unto them, and conceiving it necessary for that end, and 1661. The oath of allegiance, or rather supremacy I have considered, upon the first act, and only now add, that when this present act was a framing, some ministers in Edinburgh offered to some of the managers, an amendment only of one word, instead of supreme governor, that it should run supreme civil governor, which would have gone far to have removed the scruples of many: but no alteration would be heard; the members of parliament had taken the oath, and every body who would not follow their example, was reckoned disaffected. The oath was now imposed upon all in civil offices; they knew what they had in view shortly to do as to ministers: but lest they should presume upon an exemption, a general clause is added, requiring this oath from "all upon whom the privy council, or any having orders from them, should impose it;" and so it reached most part of the subjects in a little time. The acknowledgment of the king's prerogative, required as a test of loyalty, and condition of enjoying of any public trust, is so remarkable, as it deserves a room in the body of this history, and follows: "Forasmuch as the estates of parliament of this kingdom, by their several acts of the 11th and 21st of January last, have, from the sense of their humble duty, and in recognisance of his majesty's just right, declared, that it is an inherent privilege of the crown, and an undoubted part of the royal prerogative of the kings of this kingdom, to have the sole choice and appointment of the of ficers of estate, privy counsellors, and lords of session; that the power of calling, holding, and dissolving of parliaments, and all conventions and meetings of the estates, doth solely reside in the king's majesty, his heirs and successors; and that, as no parliament can be lawfully kept, without the special warrant or presence of the king's majes for the honour and advancement of his own service, the welfare and happiness of his subjects, and the peace and quiet of this kingdom, that the places of public trust (which be the channels and conduits by which his majesty's government is conveyed unto his people) be supplied and exerced by persons of known integrity, abilities and loyalty, doth therefore declare, that it is and will be his majesty's royal care, that those |