give any releiff, or comfort, to oppin and manifest rebells against the king's majestie or the the ministers I heard ever taught me such principles. A great silence followed, and many expected that Mr. Spreul should have been sent to the irons immediately. In a little, the chancellor asked Mr. Spreul, if he had been at Bothwel, and some other questions relative thereto; which the pannal declined giving answers to, since he was before the justiciary. There was not one word more of the petition; but it is probable what he spoke at this time made his prosecution the more violent before the justiciary." 2 Wodrow 163. He then gives an abstract of the proceedings before the Justiciary as they are here printed, and proceeds thus: 6 common lawe, under the paine of forfaulting lyff, land, and goods; and be the fyft act of the Mr. Spreul. Favours were now shown to the prisoners, and after near seven years imprisonment, Mr. Spreul sent a Petition to the Council: which follows from the original. Whereas it is not unknown to your lordships, how that your lordships' petitioner, after his first imprisonment was put to the extremity of the torture two several times, the 'which having sustained, was thereby assolied by the laws of this and all other nations. Thereafter when he was indicted, he was also cleared by the verdict of the whole asthe justiciary; and at last being libelled be size, and thereupon assalzied by the lords of 'fore your lordships by his majesty's advocate who could prove nothing against him, yet your lordships being pleased to fine him, and continue his imprisonment so long, because he had not freedom to depone upon the libel, the 'reasons whereof he could not, being not only from grounds in law, but especially from con "And so Mr. Spreul was sent back again to prison. I have given the fuller account of this process and as distinct a detail of the reasonings as I could form, because I was of opinion, the debates which fell in this case, are in many branches of them, upon heads common to se-science, and his obligation and respect to the veral other sufferers in this period; and the pleading of such noted lawyers on both hands, will afford no small light to the cases of torture, of extrajudicial confession, the refusal to sign confessions, and other points not uncommon in this period. Besides the weight of the case of torture itself, which deserves a room here, the method of treating pannels, and the pains used to make every thing turn to their disadvantage, with the vigour now used in prosecutions will appear. And if such efforts were made in this process, when so many able lawyers were procurators for the pannel, we may easily guess what sad work was in the more ordinary processes, with poor ignorant country people. Gospel of Jesus Christ, which are at more length expressed in his information, together 'with a touch at a few of the great losses he hath sustained, both before and since his imprisonment (what by sea, the great fire at Glasgow, house and shop taken from his wife in his absence, also by bad debtors, and through his imprisonment all is prescribed by law (that is due to him) after three years past, the goods taken from him by major Johnston and the death of his wife, and other great expences since his imprisonment, being these 'six years and five months) all which he hum. bly offereth to your lordships' consideration and pity. 6 May it therefore please your lordships to 'grant your lordships' petitioner liberty to follow his lawful calling in his native country, at least in any other nation where he may with best conveniency, not that he petitioneth for his own banishment (and so to be sold as a "Upon the 14th of July, I find Mr. Spreul and Win. Lin writer in Edinburgli, brought before the privy council, for being present at field conventicles; and they are found guilty of hearing Presbyterian ministers preach, when some of the hearers were without doors, as likewise of reset and converse with intercom-slave, the which he would not be ashamed of, muned persons. The matter was referred to their oaths, which they refusing are found guilty. Mr. Spreul was out of the kingdom at the times libelled as to conventicles; and each of them is fined in five hundred pounds sterling, and sent to the Bass. Mr. Spreul lay six years in the Bass, and, from his long continuance in that place, he has yet the compellation of Bass John Spreul, whereof he needs not be ashamed. 6 for the Gospel's sake, if he be called of the Lord to it) but the liberty of a free born subject is that he humbly begs, at least liberty a competent time to see if by law he can obtain any thing of his debtors to maintain himself in prison, seeing nothing hath been hitherto allowed him out of the goods taken from him by major Johnston, neither out of the Treasury."" 66 May 18. The council grant the following act of liberation. "I find joined with Mr. Spreul in the same process, upon the 10th of June, Robert Ferguson of Letter-pin; he is indicted as guilty of The lords of his majesty's privy couneil treason and rebellion, by his being at Bothwel-having considered an address made in behalf bridge. His own signed confession is adduced as probation, and the lords delay passing sentence against him till November. I find no more about him in the Registers, and by some composition or other I suppose the matter was dropped." In May 1687 an order is granted to liberate of John Spreul apothecary in Glasgow tow prisoner in the Isle of the Bass, supplicating for liberty, in regard of his majesty's late gracious proclamation, do hereby give order and warrant to Charles Maitland Lieutenant 'Governor of the Isle of the Bass, to set the said John Spreul at liberty, he having found first session of his majesties first parliament, the subjects of this kingdom, or any number it is declaired, that it shall be bye treason to of them, more or lesse, upon any ground, or ⚫ caution acted in the books of Council to appear before the council once in June next, under the penalty of 1000l. Scots money, in ' case of failie.' we doubt not but they will appear to you most just and reasonable, as they do to us, and that you will, in your respective capacities, assert and defend our royal rights and prerogatives, 'which we are resolved to maintain in that splendor and greatness, which can only make them safe for us, supports for our friends, and terrors to our enemies. It is evident, we do not mean to incroach on the consciences of any, and what we will not do, we are resolved not to suffer in others: and therefore it is our · “When this Order comes to the Bass, Mr. Spreul was unwilling to take his liberty upon any terms that to him appeared inconsistent with the truths he was suffering for; and he apprehended this order involved him in an approbation of the proclamation specified, which he was far from approving. So much he signified to the governor of the Bass, and con-will and pleasure, that these our commands be forthwith obeyed, and that, in order thereunto, this our proclamation be forthwith printed and published, in the usual manner in such cases accustomed and if any shall be so bold as to shew any dislike of this our procedure, we desire to be informed thereof by you, to the end we may convince the world that we are in earnest, assuring all, that as we expect obedience therein, and a readi tinuing sometime in prison, till a letter came over requiring the governor to set open doors to him, and tell him he was at liberty to go or stay as he pleased. Whereupon after so long imprisonment, he chose to come out under a protestation against what he took to be wrong in the orders and proclamation, and went over to Edinburgh, and waited on the counsellors, thanked them for allowing him liberty, and verbally renewed his protest against the pro-ness from you and all our judicatures, to clamation and orders. Thus ended the long tract of sufferings this good man was under." The king's Proclamation was dated Feb. 12, 1687, and it was sent to the council inclosed in a Letter of the same date. They were as follows: KING'S LETTER TO THE COUNCIL, Feb. 12, 1687. 'James R. Right trusty and right well-beloved cousin and counseller, right trusty and right well< beloved counseller, right trusty and entirely beloved cousins and counsellers, right trusty and right well-beloved cousins and counsellers, right trusty and well-beloved cousins and counsellers, right trusty and well-beloved ⚫ counsellers, and trusty and well-beloved counsellers, we greet you well. Whereas, by our letter of the 21st day of August last past, we were graciously pleased to inform you of our designs, in order to the ease of our Roman Catholic subjects, unto which we had your ⚫ dutiful answer in some days thereafter; we have now thought fit to publish these our royal intentions, and to give an additional ease to those of tender consciences, so to convince the world of our inclinations to moderation, and to evidence that those of the clergy, who <have been regular, are our most particular care, though we have given some ease to those whose principles we can with any safety trust: we have at the same time expressed our highest indignation against those ene<mies of Christianity, as well as government and human society, the field-conventiclers, whom we recommend to you to root out with all the severities of our laws, and with the most vigorous prosecution of our forces, it being equally our, and our people's concern, to be rid of them. As for the other particulars of our royal proclamation here inclosed, assert our rights, so it shall be our care on all 'occasions, to shew our royal favours to all of you in general, and to every one in particular. For doing all these things as well contained in this our letter as in our procla'mation aforesaid, these presents shall be to you, and all others respectively who may be therein any way concerned, a sufficient warrant; and so we bid you heartily farewel. Given at our court at Whitehall the 12th day of February 1686-7, and of our reign the third year. By his Majesty's Command.' PROCLAMATION, Feb. 12, 1687, or First Indul James 7, by the grace of God, king of Scotland, England, France and Ireland, de'fender of the faith, &c. To all and sundry 'our good subjects, whom these presents, do or may concern, greeting. We having taken into our royal consideration the many and great inconveniencies which have happened to that our ancient kingdom of Scotland of late years, through the different persuasions in the Christian religion, and the great heats and animosities amongst the several professors thereof, to the ruin and decay of trade, wasting of lands, extinguishing of charity, contempt of the royal power, and converti g of true religion, and the fear of God, into animosities, name, factions, and sometimes into sacrilege and treason; and being resolved, as much as in us lies, to unite the hearts and affections of our subjects, to God in ' religion, to us in loyalty, and to their neighbours in Christian love and charity, have therefore thought fit to grant, and by our sovereign authority, prerogative royal, and ab'solute power, which all our subjects are to obey without reserve, do hereby give and pretext whatsomever, to ryse, or continue in armes, to make, peace, or warr, or to make any treaties, or leagues with forraigne princes, or estates, or amongst themselves without his ma acts of parliament, customs or constitutions, made or executed against any of our Roman Catholic subjects, in any time past, to all intents and purposes, making void all prohibitions therein mentioned, pains or penalties therein ordained to be inflicted, so that they shall, in all things, be as free, in all respects, as any of our Protestant subjects whatsoever, not only to exercise their religion, but to enjoy all offices, benefices and others, which we shall think it to bestow upon them in all time coming: nevertheless it is our will and pleasure, and we do hereby command all Ca cise their religious worship in houses or chapels, and that they presume not to preach in the open fields, or to invade the Protestant churches by force, under the pains foresaid, to be inflicted upon the offenders respectively, nor shall they presume to make public processions in the high-streets of any of our royal burghs, under the pains abovementioned. And whereas the obedience and ser allegiance, and our sovereignty, and that no 'grant our royal toleration, to the several professors of the Christian Religion afternamed, with, and under the several conditions, re⚫strictions and limitations aftermentioned. In the first place, we allow and tolerate the 'moderate presbyterians, to meet in their private houses, and there to hear all such ministers as either have, or are willing to accept of our indulgence allenarly, and none other, and that there be not any thing said or done contrary to the well and peace of our < reign, seditions or treasonable, under the highest pains these crimes will import; nor are they to presume to build meeting-houses,tholics, at their highest pains, only to exeror to use out-houses or barns, but only to exercise in their private houses, as said is. In the mean time, it is our royal will and pleasure, that field-conventicles, and such as preach or exercise at them, or who shall any wise assist or connive at them, shall be prosecuted according to the utmost severity * of our laws made against them, seeing from 'these rendevouzes of rebellion, so much disorder hath proceeded, and so much disturb-vice of our good subjects is due to us by their ⚫ance to the government, and for which, after this our royal indulgence for tender conlaw, custom or constitution, difference in resciences, there is no excuse left. In like ligion, or other impediment whatsoever, can manner, we do hereby tolerate Quakers, to exempt or discharge the subjects from their 'meet and exercise in their form, in any place native obligations and duty to the crown, or or places appointed for their worship. And hinder us from protecting and employing 'considering the severe and cruel laws made them, according to their several capacities, against Roman Catholics (therein called and our royal pleasure, nor restrain us from Papists) in the minority of our royal grand-conferring heritable rights and privileges upon 'father of glorious memory, without his con- them, or vacuate or annul these rights herisent, and contrary to the duty of good sub-table, when they are made or conferred: and 'jects, by his regents, and other enemies, to likewise considering, that some oaths are their lawful sovereign, our royal great grand-capable of being wrested by men of sinistrous mother queen Mary of blessed and pious me-intentions, a practice, in that kingdom, fatal to mory, wherein, under the pretence of reli-religion, as it was to loyalty, do therefore, gion, they clothed the worst of treasons, fac-[with advice and consent aforesaid, cass, annul tions and usurpations, and made these laws, not as against the enemies of God, but their own; which laws have still been continued of course, without design of executing them, or any of them, ' ad terrorem' only, on supposition, that the papists, relying on an external power, were incapable of duty, and true allegiance to their natural sovereigns, ⚫ and rightful monarchy. We, of our certain knowledge, and long experience, knowing that the Catholics, as it is their principle to be good Christians, so it is to be dutiful subjects, and that they have likewise on all occasions, shewa themselves good and faithful subjects to us, and our royal predecessors, by hazarding, and many of them, actually losing their lives and fortunes, in their defence, (though <of another religion) and the maintenance of their authority, against the violences and treasons of the most violent abettors of these laws, do therefore, with advice and consent of ▲ our privy council, by our sovereign authority, prerogative royal, and absolute power afore-well not mentioned as mentioned, and that, said, suspend, stop and disable all laws or VOL. X. and discharge all oaths whatsoever, by which any of our subjects are incapacitated, or disabled from holding places or offices in our said kingdom, or enjoying their hereditary rights and privileges, discharging the same to be taken or given in any time coming, without our special warrant and consent, under the pains due to the contempt of our royal commands and authority; and, to this effect, we do, by our royal authority aforesaid, stop, disable and dispense with all laws enjoyning the said oaths, tests, or any of them, particularly the first act of the first session of the first parliament of king Charles 2, the eleventh art of the foresaid session of the foresaid parliament, the sixth act of the third parliament of the said king Charles, the twenty first and twenty fifth acts of that parliament, and the thirteenth act of the first session of our late parliament, in so far allenarly as concerns the taking the oaths or tests therein prescribed, and all others, as in place of theru, all our good subjects, or 3 B jesties speciall authoritie and approbation first interponed thereto, and all his majesty's subjects are discharged upon any ground, or pretext whatsomever, to attempt any of these such of them as we, or our privy council shall ' require so to do, shall take and swear the following oath allenarly. things under the paine of treason. Neverthelesse it is of veritie that the saids John Spreull and Robert Ferguson, having shacken off all fear of God, respect and regard to his majesties 'present, providing also that they reveal to any of our council the guilt so committed; as also excepting all fines, or effects of sentences already given. And likewise indemnifying fully and freely all quakers, for their IA. B. do acknowledge, testify and de'clare, that James 7, by the grace of God, 'king of Scotland, England, France and Ire-meetings and worships, in all time past, preland, defender of the faith, &c. is rightfulceeding the date of these presents, and we king, and supreme governor of these realms, and over all persons therein, and that it is unlawful for subjects, on any pretence, or for any cause whatsoever, to rise in arms against him, or any commissionated by him, and ' that I shall never so rise in arms, nor assist any who shall so do, and that I shall never resist his power or authority, nor ever oppose his authority to his person, as I shall answer to God, but shall, to the utmost of my power, assist, defend and maintain him, his heirs ⚫ and lawful successors, in the exercise of their absolute power and authority, against all ⚫ deadly. So help me God. 6 doubt not but our protestant subjects will give their assistance and concourse hereunto, on all occasions, in their respective capacities: in consideration whereof, and the ease those of our religion, and others, may have hereby, and for the encouragement of our protestant bishops, and the regular clergy, and such as have hitherto lived orderly, we think fit to declare, that it never was our principle, nor will we ever suffer violence to be offered to any man's conscience, nor will we use force, or invincible necessity against any man on the account of his persuasion, nor the protestant religion, but will protect our bishops and other ministers in their functions, rights and pro And seeing many of our good subjects have, before our pleasure, in these matters,perties, and all our protestant subjects in the ✦ was made public, incurred the guilt appointed by the acts of parliament above mentioned, or others, we, by our authority, and absolute power, and prerogative royal abovementioned, of our certain knowledge, and innate mercy, give our ample and full indemnity to all those free exercise of their protestant religion in the churches; and that we will, and hereby promise, on our royal word, to maintain the possessors of church-lands formerly belonging to abbeys, or other churches of the Catholic religion, in their full and free posses ⚫of the Roman Catholic or popish religion, forsion and right, according to our laws and 'all things by them done contrary to our laws or acts of parliament, made in any time past, relating to their religion, the worship and exercise thereof, or for being Papists, Jesuits, or traffickers, for hearing or saying of mass, 'concealing of priests, or Jesuits, breeding their children catholics, at home or abroad, or any other thing, rite or doctrine, said, performed or maintained by them, or any of them, and like acts of parliament, in that behalf, in all time coming; and we will employ indifferently all our subjects, of all persuasions, so as none shall meet with any discouragement on the account of his religion, but be advanced and esteemed by us, according to their several capacities and qualifications, so long as we find charity and unity maintained; and if any animosities shall arise, as we hope in ⚫ wise for holding or taking of places, employ-God there will not, we will shew the severest ments, or offices, contrary to any law or constitution, advices given to us, or our council, actions done, or generally any thing performed or said against the known laws of ⚫that our ancient kingdom; excepting always from this our royal indemnity, all murders, as'sassinations, thefts, and such like other crimes which never used to be comprehended in our general acts of indemnity. And we command and require all our judges or others concerned to explain this in the most ample sense and meaning acts of indemnity at any time have ⚫ contained; declaring this shall be as good to every one concerned, as if they had our royal pardon and remission under our great seal of that kingdom. And likewise indemnifying our protestant subjects, from all pains and penalties due for hearing or preaching in houses, providing there be no treasonable 'speeches uttered, in the said conventicles, by them, in which case the law is only to * take place against the guilty, and none other 6 effects of of our royal displeasure against the beginners or fomenters thereof, seeing thereby our subjects may be deprived of this general ease and satisfaction we intend to all of them, whose prosperity, wealth and safety is so much our royal care, that we will leave nothing undone which may procure these blessings for them. And lastly, to the end all our good subjects may have notice of this our royal will and pleasure, we do hereby com mand our Lyon king at arms, and his brethren heralds, macers, pursevants, and messengers at arms, to make timeous proclamation thereof at the market-cross of Edinburgh; and besides the printing and publishing of this our royal proclamation, it is our express will and pleasure, that the same be past under the great seal of that our kingdom per saltum, without passing any other seal or register. In order whereunto, this shall be to the directors of our chancellary, and their deputes for writing the same, and to our chancellor COUNCIL'S ANSWER to the KING, Feb. 24, 1687. May it please your most sacred Majesty, Your Majesty's commands are exactly obeyed, your royal proclamation is printed and published, by which your majesty hath given a further evidence of your favour and goodness to all your subjects. And we are hopeful, that by your majesty's extraordinary acts of mercy to some, who have been too 'ready on many occasions to abuse the clemency of your royal predecessors, they will 'be at last convinced what they owe to so gracious a king; and if any shall be still so ob'stinate as to make any wrong use of your ma'jesty's goodness, we do unanimously assure your majesty, that we will maintain and assert your royal prerogatives and authority, with the hazard of our lives and fortunes; and ⚫ all of us shall in our several capacities do our • utmost, that your government may be easy to all whom your majesty thinks worthy of 'your protection. We are very willing that your majesty's ⚫ subjects who are peaceable and loyal, may be at ease and security, notwithstanding of their 'profession and private worship, and do conceive, that such of them as are, or shall be 'employed by your majesty in offices of trust, 'civil or military, are sufficiently secured by your majesty's authority and commission for their exercising the same. and murdered his grace the late archbishop of St. Andrews, they to escape justice and involve others in their guilt, fled into the westerne shyres and there joyned in armes with the lord president of the session, sir John Dalrymple_younger of Stair lord advocate, sir James Fowlis of Colintoun lord justice clerk, 'sir John Lockhart of Castlehill one of the se. 'nators of the college of justice, lieutenant ge'neral James Douglas, sir Andrew Ramsay of 'Abbotshall, major general John Graham of 'Claverhouse, and Andrew Wauchop of Niddry. And his majesty's said privy council having 'ordered, that the said letter should afterwards be signed by such of the counsellors as were 'not then present; it was accordingly signed at Westminster by the earl of Murray, and the earl of Melford, principal secretaries of state for the said kingdom, the carl of Arran, 'the earl of Drumlanrig, the earl of Wintoun, the earl of Seafort, the earl of Ancram, and 'the earl of Dumbarton.' to the Council on the same subject: KING'S LETTER TO THE COUNCIL, March 31, 1687, or the Second Toleration. JAMES R. 'Right trusty and right well-beloved cousin and counsellor, right trusty and right wellbeloved counsellors, right trusty and entirely 'beloved cousins and counsellers, right trusty and right well-beloved cousins and counsellers, right trusty and well-beloved cousins and counsellers, right trusty and well-beloved cousins and counsellers, right trusty and well-beloved counsellers, and trusty and wellbeloved counsellers, We greet you well. Whereas by our letter of the first day of this instant, amongst other things, we did recom. mend unto you to take care, that any of the Presbyterians should not be allowed to preach, but such only as should have your allowance We return your majesty our, most humble for the same; and that they, at receiving the thanks, for giving us your royal word for indulgence therein mentioned, should take 'maintaining the church and our religion, as it the oath contained in our proclamation, bearis now established by law, and rest satisfied, ing date the twelfth day of February last past: believing your majesty's promise to be the these are therefore to let you know, that best and greatest security we can have. We thereby we meant such of them as did not are, may it please your majesty, your ma- formerly take the test, or any other oath ; but 'jesty's most humble, most faithful, and most if nevertheless, the Presbyterian preachers ⚫ obedient subjects and servants. Signed by the do scruple to take the said oath, or any other ⚫ earl of Perth lord high chancellor, the lord ' oath whatsoever, and that you shall find it archbishop of St. Andrews, the lord arch-reasonable or fit to grant them our indulgence, bishop of Glasgow elect, the lord marquis of Athole lord keeper of the privy seal, the duke of Gordon, the lord marquis of Douglas, the earl of Linlithgow, the earl of Dumfermling, 'the earl of Strathmore, the earl of Lawderdale, the earl of Southesque, the earl of Traquair, the earl of Airlie, the earl of Balcarras, the lord viscount of Tarbte, the lord viscount ⚫ of Strathallan, the lord Livingstone, the lord • Kinnaird, sir George Lockhart of Carnwath so as they desire it upon these terms: it is now our will and pleasure, and we do hereby authorize and require you to grant them, or any of them, our said indulgence, without being obliged to take or swear the oath in our said proclamation mentioned, or any other oath whatsoever, with power unto them, or any of them respectively, to enjoy the benefit of the said indulgence, (during our pleasure only) or so long as you shall find that they behave |