THE Scotch-Mist CLEARED UP, To prevent Englishmen from being wet to the skin. Being a true Account of the Proceedings against Archibald Earl of Argyle, for High-Treason. Wherein are contained Eight Reasons of several Conformable Ministers in Scotland against the Test: 1. The Confession of Faith. 2. The Test. 3. The Earl of Argyles Explanation. 4. The Explanation of the secret Council. 5. The Charge against the said Earl. 6. His Trial. 7. The Act concerning the Test. With Animadversions upon the whole Affair.  

The INTRODUCTION.  
THE Church of Scotland after hard labour, and many sharp pangs, caused by the struggling of contrary Interests in her Womb, was happily delivered of a blessed Reformation in the main points of the Christian Faith, Anno 1560. In which a Parliament being called by the allowance of the King and Queen,( at that time residing in France) sat down, and on the 17 of July, the Confession of Faith, consisting of 26 Articles, was unanimously agreed upon. In which Parliament two others acts the one against the Mass, the other for Abolishing the Pope, and his Usurped power in Scotland, were passed by the States.  
But Sir James Sandelands, Lord of St. John, who was dispatched over into France, to procure the Ratification of the Confession by the Queen, could not prevail for the Royal Assent, the Queen being a great Zealot for the Papal Heterodoxies; so that for some time that famous Confession, though owned as the Test of the whole Protestant Party, could not glory to be the National Religion, or the standard of Truth to the whole Kingdom.  
In the year 1567, King James the sixth being happily crwoned in his Cradle, July 29, a Parliament was held at edinburgh on the 15. of Decemb. in which James Earl of Murray being constituted Regent during the Kings Minority, the former Confession of Faith was ratified in Terms, and made the staple Doctrine of the Realm; when it was further Enacted, that such as opposed that Confession, or refused to participate of the Sacraments, as they were then ministered, should not be reputed for members of the Kirk within that Kingdom.  
And that they might for ever after( as far as the wisdom and policy of man could reach) prevent the apostasy of the Nation from the Faith then solemnly owned, and its Relapse into Popery and Idolatry, it was Ordained that all Kings, Princes, and Magistrates, should at the time of their Coronation, or Receipt of their Princely Authority, take their Great Oath in the Presence of God, That they shall maintain the true Religion of Jesus Christ, the Preaching of his holy Word, and due Administration of the Sacraments then received, and shall abolish all false Religion contrary to the same.  
In this eminent advance towards a perfect Reformation, Mr. John Knox was a great Instrument, a person of whom nothing moderate, nothing mean is spoken, by any that have had, or made an occasion to mention his name; with some he hears no less than seditious, turbulent, factious: amongst those of another temper he is recorded, pious, learned, zealous. But to speak a great plain truth, as any one is engaged in, or leaning to the Popish or Protestant Interest, so is he either extolled to Heaven, or decried to the pit of Hell.  
Bale( in Century 14.) Characterizes him as a person of great Literature, wonderful Courage, notable zeal, and singular success in Preaching the Gospel of Christ, almost then a stranger to those Northern Climates. Beza stiles him the Apostle of the Scots, magnifies his pregnant Wit, his Education under John mayor; his surpassing his Tutor, his early receiving the light of the Gospel; his Renunciation of Popery, his undaunted Profession of the Faith before his enemies; his Condemnation by them, his Exile in England; his nearness to King Edward the Sixth, and an offer made to him of a bishopric, which he with much modesty and self-denial refused.  
Melchior Adam in his Life, is large upon this subject; nor yet do there want others who have employed their Pens to throw Ink in the face of this great man, who standing in a place so public, and bearing so considerable a figure in the Scotish Church, and in foreign parts also, 'twas impossible but his virtues and vices must be conspicuous, neither of which would want their utmost aggravations and straining, as they fell in the way of the contesting parties.  
But that which in my judgement is his greatest ornament, and an attestation from Heaven itself, is this, That that Confession of Faith composed by him, and afterwards confirmed by the first Parliament of King James the Sixth, notwithstanding the many bickerings and fierce contests about Religion, which have disquieted that poor Kingdom, whatever alterations have been made in Worship, Discipline, and Government of the Church, yet still this Confession has stood as the openly avowed Doctrine of the Realm; and considering all circumstances, 'tis very probable that no force or power will be able to extort it out of their hands.  
A presumptive Argument whereof is this, That whereas the name of Mr. John Knox be grown into contempt among many of them, his Discipline hated to the death, his Principles as to Monarchy rendered odious, yet no attempt( at least none successful) has been yet made to repeal that system of Doctrine penned by him and his Brethren: Insomuch that when this present year 1681, an Oath was imposed by the Parliament to be taken by all that bear any public Trust; this Confession was referred to therein, as the measure of the common belief, the Test of the public Orthodoxy, and the standing scale of the Protestant Religion current in the Nation.   

CHAP. I. Of the Confession of the Faith owned in the Church of Scotland.  
THE late Impeachment of Archibald Earl of Argyle for High Treason, as it hath been for some time the ordinary Theme of Discourse; and because the said Earl appeared in so eminent a Character as one of the Lords of his Majesties most Honourable Secret Council, and a Commissioner in the Treasury,( Offices of great Honour and Trust) it seemed hard to conceive what temptations could be strong enough to seduce him from his Allegiance.  
The more Inquisitive part of men who laboured to profound the mystery, were soon informed, That whereas an Oath or Test to be taken by all persons in public Trust, was imposed by virtue of an Act anent Religion; and the Test made at edinburgh the last day of August, One thousand, Six hundred, Eighty and one, the said Earl had put an Interpretation upon it before the Secret Council, when called on to take the said Oath according to the duty of his place. This action of his was censured by some as rash, and unadvised, by others as Christian, and conscientious; and divers men gave their divers judgments thereof, as interest, or affection, or perhaps as better information dictated to them, till at last it was reported that his said Interpretation purported Treason, and that he would be tried upon it for his Life, his Honours, and whole Estate.  
No sooner did his Explanation or Interpretation of the Oath appear in Print, but the judgments, conjectures, and guesses of all men were hard at work, to divine wherein the Treason imputed to it should lye; for the superficial Readers could discern in it nothing but what was rational, loyal, modest, and becoming a good Christian, but the more prying and politic heads soon discovered a vein of most horrible Treason lurking in it. And because all men are not of the same depth of judgement, but some are apt to make a hasty and slighty judgement of matters, I have thought it convenient to give them what satisfaction I could arrive to myself, and to lay before the world whatever of Treasonableness and disloyalty I could find therein.  
And because the aforesaid Oath doth in the first place relate to the Confession of Faith before mentioned, it is absolutely necessary that I give some account thereof, as humbly conceiving it impossible to come to a determination, whether the Earl had just ground for his scrupulous haesitancy in subscribing before it be cleared, what the Tenor and nature of that Confession is, to which Subscription is so peremptorily required.  
This Confession is comprised in 25 Articles: The 1. of God: 2. Of the Creation of man: 3. Of Original Sin: 4. Of the Revelation of the Promise: 5. The continuance, preservation and increase of the Church: 6. Of the Incarnation of Jesus Christ: 7. Why it behoved the Mediator to be very God, and very Man: 8. Of Election: 9. Of Christs Death, Passion and Burial: 10. Of the Resurrection: 11. Of his Ascension: 12. Of Faith in the Holy Ghost: 13. Of the cause of Good-works: 14. What works are reputed good before God: 15. Of the perfection of the Law, and the imperfection of man: 16. Of the Church: 17. Of the Immortality of the Soul: 18. Of the Notes by the which the true Church is discerned from the false, and who shall be judge of the Doctrine: 19. Of the Authority of the Scriptures: 20. Of the General Councils, of their power, authority, and cause of their Convention: 21. Of the Sacraments: 22. Of the right administration of the Sacraments: 23. To whom Sacraments appertain: 24. Of the Civil Magistrate: 25. Of the Gifts freely given to the Church.  
From these naked Heads, and bare titles of the Confession, it will be yet impossible to conjecture whence the difficulty should arise; and therefore that the Reader may not complain of any omission of what might possibly contribute to his satisfaction, I shall freely transcribe from the said Confession what might possibly stick with him, or give any occasion to that Salvo, or Explanation, with which the Earl was willing to take the Oath.  
In the 16 Article of the Church, it is asserted, That Jesus Christ is the only Head of the Church: In the Test it is required to swear that the Kings Majesty is the only supreme governor in this Realm,( viz. of Scotland) over all persons, and in all causes as well Ecclesiastical as Civil. It is possible that as wise a man as the Earl may suppose these terms, the only Head, and the only Supreme governor, are equivalent, and that there may be though no real, yet a seeming contradiction, which might be sufficient ground for an explanation of the Oath, that no quarrel might afterwards arise either between him and his Conscience, or between him and his Prince; however, it might possibly come into his head to adjust matters, so that he might not set Jesus Christ, the King, and his Conscience together by the ears, as knowing well if he did, who would have the best of it in the issue: And yet I protest I dare neither put a construction upon the Confession upon the Oath, or upon the Earls Explanatory Declaration, because I cannot prognosticate what may be Treason if ever I should have so little wit as to travail Northwards.  
In Article 19, Of the Notes whereby the true Kirk is discerned from the false: we find the Church renouncing Lineal Descent( or succession) as meant of those Notes, or assured Tokens, whereby the Immaculate Spouse of Christ is known from the horrible Harlot, or Kirk malignant. In the Test it is required to swear that there lies no obligation upon him from the National Covenant, or the Solemn League and Covenant, to endeavour any change or alteration in the Government, either in Church or State, as it is now established. Now whether he conceived that a Lineal Descent of Priests from Bishops and Archbishops, might not possibly run him up as high as the Papal Hierarchy, is a secret in his own bosom, and not to be unlocked by any bold conjecture of mine.  
It's more suspicious that what follows in the same Article might administer some appearance of contrariety between the Confession and the Test, for in this Article we red thus, Ecclesiastical Discipline uprightly ministered as Gods word prescribeth, whereby 'vice is repressed, and virtue nourished, is a note of the true Church. Now if he apprehended that the Discipline at present established, either was not such as Gods Word prescribed; nor such as whereby 'vice is repressed, and virtue encouraged, it is possible he might think it somewhat hard to swear without a Salvo, not to endeavour any alteration in the Government of the Church, seeing that the repressing of 'vice, and nourishing of virtue, being the great ends of Ecclesiastical Discipline, whatever Discipline does not reach those ends, may need an alteration, and by consequence that it might be his duty to endeavour it, especially if the means of such alteration were no other than what were lawful, and that he acted no otherwise than in his place and station.  
He might also conceive( for ought I know) that it was not simply impossible for a Church in her Canons, for a Nation in its Acts and Laws to contradict itself; for besides that it seems the peculiar Prerogative of the Sacred Oracles not to admit of real self-contradictions, the systems of human Laws and Constitutions, being voluminous, and ordained by several persons, in several ages, acting upon various interests and Principles, and none of these Legislators either separately, or conjunct, guided by an infallible Spirit, but many times by their Personal and particular inclinations, tempers, interests and factions; besides I say all this, that very Article supposes it to be a thing universally granted that the Spirit of God, which is the spirit of unity, is in nothing contrarious to itself; but yet supposes also, that the interpretation, determination, or sentence of a Church or Council may be contrary and repugn to the plain word of God, and so to itself also. However to suppose such a thing is no such absurdity; or at worst, it's hard to conceive where the venom, poison or malignity of the Treason should lodge, unless there should be any authentic Charter of Infallibility privately sent down in a Portmantle, which has influenced the Assembly with this Sacred privilege.  
In the 22 Article of the right administration of Sacraments, there seems somewhat which may minister cause of stumbling to a weak judgement, viz. That Sacraments be rightly ministrate we judge two things requisite, the one that they be ministrate by lawful Ministers, they being men lawfully chosen by some Church; and why may not we fancy that the Earl might conceive that the present Ministers not being chosen by the Church, but nominated by the Patron, instituted by the Bishop, and inducted by some other at the Bish●ps appointment, were not therefore lawful Ministers and Pastors of the flock, as wanting that Election which the Article makes so necessary to the right administration of Sacraments, and therefore that the Sacraments administered by such as are not lawful Ministers, are all mere nullities, and therefore further he might conceive it hard to be compelled to swear that he would endeavour no alteration, in his place and station, by means just and lawful.  
Add hereunto what is asserted in the same Article, as the second requisite to the right ministration of the Sacraments, viz. That they be ministered in such Elements, and in such sort as God hath appointed, else we affirm that they cease to be right Sacraments of Jesus Christ; and therefore it is that we flee the society with the Papistical Church, in participation of their Sacraments: First, because their Ministers are no Ministers of Jesus Christ: And secondly, because they have so adulterated both the one Sacrament and the other, with their own inventions, that no part of Christs Action abideth in the original purity. For oil, salt, spittle, and such like in Baptism, are but mens inventions. Whereas therefore the Oath requires him solemnly to swear as in the presence of God, that he owns, and sincerely professes the Protestant Religion contained in the Confession of Faith( whereof this Clause is a main part) recorded in the first Parliament of King James the Sixth, and that he believes the same founded on and agreeable to Gods Word; and thereupon promises and swears that he will adhere thereto all the days of his life. And perhaps seeing, or thinking that he sees some Ceremonies at present practised, and possibly established by some other Law, which according to his weak judgement have no more warrant from Gods Word, than Oil, Salt and Spittle, which that Article condemns for such inventions of men, as make the Sacraments cease to be the true Sacraments of Jesus Christ, and such as they are sworn to fly from. I say having these conceptions, 'tis short of impossible that he might conceive himself bound to enter his Explanatory Salvo, lest he should either repugn the Article which he swears to, or swear to a Contradiction, that he will endeavour no alteration; seeing he might think that the Confession must either be reformed according to the present practise, or the present practise reformed by the Confession, to render them Harmonious.  
To go on, in the 23 Article of the Confession, to whom the Sacraments appertain, it is asserted, That the Sacrament of the Supper of the Lord appertains only to such as have been of the household of faith, and can try and examine themselves as well in their faith, as in their duties towards their neighbours. That such as eat at the Holy Table without faith, or being at dissension and division with their brethren, do eat unworthily. And therefore it is that in our Churches, Ministers take public and particular examination of the knowledge and conversation of such as are to be admitted to the Table of our Lord Jesus.  
In this Article then there are two things remarkable, first matter of right, who they are that may challenge and claim that blessed privilege; and the Article is express, Such as are of the household of faith; such as can examine themselves of their faith and charity. Secondly, we have matter of fact, what was the usage and practise of that Church as then constituted and established, and that is expressed thus, They take both public and particular examination of the knowledge and lives of those that are to be admitted to the Lords-Supper.  
But now suppose the Earl had observed that the present practise was contrary to the declared right; suppose he saw the former Discipline neglected, and it may be other rules for admission introduced, suppose he knew that vicious and debauched persons were ordinarily and promiscuously admitted to that Ordinance, without previous examination in public; I cannot tell but it might stumble him into a conceit, that it was his duty to endeavour a reformation according to the Word of God, and the Doctrine of the Church, which he had sworn to; and that he must be guilty of downright perjury, if he should swear to the Confession, and that Clause in it, And therefore it is that in our Churches Ministers take public and particular examination of the knowledge and conversation of such as are to be admitted, if really, and in fact there be no such public and particular examination taken.  
These things I have only mentioned, not knowing whether indeed his Lordship scrupled at any or all of them, but simply proposing what he might possibly scruple, in case he was of a timorous and tender spirit: But possibly there may be more ground of suspicion from what follows, Article 24, Of the Civil Magistrate; for here 'tis not impossible but he might find some expressions which came not up fully to that height of Loyalty and zeal for his Prince, which he was conscious of in his own breast; which Clauses though they might speak nothing but the truth, yet perhaps might not speak the whole truth; and though they asserted nothing but Loyalty, yet they might speak something short of a Subjects complete Loyalty.  
And to tell the truth, I have heard from an ear-witness, that the Reverend Bishop of edinburgh in a Sermon preached by him presently after the Act for the Test was passed, declared openly in the Pulpit, that the Test did contain something more than what was to be found in the Confession, which yet without contradiction might well be; nevertheless let us hear the Article itself, We confess and avow that such as resist the supreme powers,( doing that which appertaineth to their charge) resist Gods Ordinance, and therefore cannot be guiltless. And further, we affirm that whosoever deny to them their aid, counsel, and comfort,( whilst the Princes and Rulers vigilantly travail in the executing of their Office) that the same men deny their help, support, and counsel to God. In which Clauses there seem to be two things considerable: 1. They testify against resistance, but then it's only against resisting the Supreme power, and seems not to be extended to those that are commissionated by them; and then( which is suspicious) it's bounded and limited with an odd Clause, viz. Doing that which appertaineth to their charge. 2. They declare for active obedience, in aiding, supporting the Supreme powers; but withal 'tis while the Princes and Rulers vigilantly travail in executing their Office. So that at the first blushy it may seem to insinuate and allow some such thing, that if the Supreme powers do that which appertains to their charge, they are not to be resisted, otherwise they may; and that so long as they travail, and vigilantly travail in the execution of their duty, they are actively to be obeied, otherwise not. And who can tell that the Earl might not fear that something herein might be short of his duty, and therefore desire he might explain himself to this purpose, That he meant not to bind up himself from endeavouring any alteration, which might restrain the generosity and loyalty of his soul in giving a more universal and unlimited obedience.  
It is true, the Secret Council has given an Explanation of this matter, which is far enough from any Impeachment of Loyalty: But yet it would be stranger, that his Explanation of the Test to a sense so comform to that of their Lordships should ever be construed up so high, as High Treason.  
But that which seems most probably the greatest difficulty is what we meet withal in Art. 14. alias 15. What works are reputed good before God? Amongst which to repress Tyranny is enumerated as a work morally good, and within the particular duties of the Decalogue, and the evil work contrary thereto they assign to be, to resist or disobey any that God hath placed in Authority, while they pass not over the bounds of their Office. And now what marvel can it be if the Earl upon these, or some of these considerations interposed a declaration of such a sense as might render the Confession not derogatory to, or clashing with his Loyalty, at least it's very severe to interpret the excess of Loyalty to be High Treason ..  
Let thus much suffice concerning the Confession of Faith, with the influence it might possibly have upon the doubts and scruples of the Earl of Argyle, relating to the Oath.   

CHAP. II. Of the Oath to be taken by all Persons in public Trust.  
MY next labour must be to give the Reader a true Copy of the Oath or Test, that so comparing the Oath with the Confession, the Reader may have the better light to form a comparison between them, and to make a judgement( I mean in his own breast) whether there be found, and can rationally be suspected any contrariety between them that might move a loyal Subject, an upright Christian, a rational man, to stick at the subscribing and swearing to it.  

The Tenor of the Oath to be taken by all Persons in public Trust.  
I— solemnly swear in presence of the Eternal God, whom I invocate as judge, and Witness of my sincere intention of this my Oath, That I own, and sincerely profess the true Protestant Religion, contained in the Confession of Faith, recorded in the first Parliament of King James the sixth; and that I believe the same to be founded on, and agreeable to the written Word of God. And I promise and swear, that I shall adhere thereto, during all the days of my life-time, and shall endeavour to educate my Children therein: And shall never consent to any change, or alteration contrary thereto: And that I disown, and renounce all such Principles, Doctrines, or Practices, whether Popish, or fanatical, which are contrary unto, and inconsistent with the said Protestant Religion, and Confession of Faith. And for testification of my Obedience to my Most Gracious sovereign CHARLES the Second, I do affirm and swear, by this my solemn Oath, That the Kings Majesty is the only Supreme governor of this Realm, over all Persons, and in all Causes, as well Ecclesiastical as Civil: And that no foreign Prince, Person, Pope, Prelate, State, or Potentate, hath, or ought to have any Jurisdiction, Power, Superiority, pre-eminency or Authority Ecclesiastical or Civil, within this Realm. And therefore I do utterly renounce, and forsake all Foreign Jurisdictions, Powers, Superiorities and Authorities. And do promise, that from henceforth, I shall bear Faith and true Allegiance to the Kings Majesty, His Heirs and lawful Successors. And to my power shall assist and defend, all Rights, Jurisdictions, Prerogatives, privileges, worthies, and Authorities belonging to the Kings Majesty, His Heirs and lawful Successors. And I farther affirm and swear by this my solemn Oath, That I judge it unlawful for Subjects, upon pretence of Reformation, or any other pretence whatsoever, to enter into Covenants or Leagues, or to Convocate, convene, or assemble in any Councils, Conventions, or Assemblies, to treat, consult, or determine, in any matter of State, Civil or ecclesiastic, without His Majesties special command, or express licence had thereto, or to take up Arms against the King, or those Commissionated by Him: And that I shall never so rise in Arms, or enter into such Covenants, or Assemblies: And that there lies no obligation on me from the National Covenant, or the Solemn League and Covenant( so commonly called) or any other manner of way whatsoever, to endeavour any change or alteration in the Government, either in Church or State, as it is now established by the Laws of this Kingdom. And I promise and swear, that I shall with my utmost power, defend, assist and maintain His Majesties Jurisdiction foresaid against all deadly: And I shall never decline His Majesties Power and Jurisdiction, as I shall answer to God. And finally I affirm, and swear, that this my solemn Oath is given in the plain genuine sense and meaning of the words, without any equivocation, mental reservation, or any manner of evasion, whatsoever. And that I shall not accept, or use any dispensation from any Creature whatsoever. So help me God.   
That an Oath is a part of immediate Divine Worship, cannot be denied by any that understand the nature of that solemn Appeal to God; that we ought to swear in truth, righteousness and judgement, is as little questionable to them that believe the Scriptures to be the Word of God; whoever therefore shall swear to what he knows to be false, or to what he knows not to be true, stands guilty of taking the Name of God in vain, who will not( whatever men may do) acquit him of that Profanation without repentance.  
It becomes therefore every Christian who would free himself of this guilt, advisedly, deliberately, with great care and caution to approach this Sacred Ordinance of God, to make inquiry before his Vows, lest having rashly ensnared his soul, he finds himself in a noose which he may sooner cut than untie.  
In all Imposed Oaths, penned and prescribed by others, the words of the Oath are to be taken in the most natural, plain, easy, and familiar sense. If the Oath be so unhappily penned that the words, sentences, and expressions thereof are obviously liable to various and different senses, the Imposer of the Oath ought to explain and interpret his own sense and meaning: If the Imposer shall affix any sense or meaning upon the Oath, which the Grammar and plain Letter of the Oath will not bear; if in the Grammatical sense the Oath be unlawful, no incongruous sense given will assoil the taker of the Oath from sinful swearing: If the Imposer shall so interpret an Oath that according to his sense it is unlawful to be taken, which yet in the proper, plain, and obvious sense is lawful, the Subject may warrantably take the said Oath in its genuine unforced meaning; for there is no reason why the Imposer should make that a snare by his false interpretation, which without such interpretation had been none at all: If the Imposer shall refuse to interpret and explain his Oath, the Refuser has a right to offer his own interpretation, to reconcile it with its self, and with the Word of God, provided such interpretation put no force, offer no violence to any evident sentence or Proposition in the Oath. If the Imposer shall refuse to give such candid construction of his imposed Oath, and not permit the Receiver to interpret for himself, and that without such public and private construction, the Oath as it stands in Terminis appears contrary to some truth( if it be assertory) or to some duty( if it be promissory) the subject upon whom it is imposed, and to whom it is tendered, is bound in conscience to God to refuse it, and rather the penalty, whatever it be, humbly submitted unto.  
And as to the Oath now before us, that it ought to be taken in the natural fair and ordinary sense is part of the Oath itself: And finally I affirm that this my solemn Oath is given in the plain, genuine sense and meaning of the words. It is very strange to hear men study Evasions, how they may swear without Evasions; and first of all solemnly to protest that they will take the Oath in the plain sense, and yet afterwards can find no plain sense in which to take it; but because of Oaths the world at this day mourns, when the common practise is to resolve first to swear, and afterwards to study how to prove they have sworn lawfully: It is therefore a conscientious method in the Subject, to declare in what sense he is willing to be sworn, and if that be rejected, to reject the Oath, and abide by the consequences of his refusal.  
At present I shall only propound these few Queries.  
1. Qu. Whether a Rational man, a sincere Christian, a loyal Subject, might not possibly doubt in the plain meaning of this Oath-Test, seeing so many of the Scotish Synods, which we suppose are made up of the best learned and most religious persons in the Realm did for some time upon its first appearance exceedingly stagger at the taking of it, all or most demurred, and many plainly rejected it, as that which no lawful interpretation would render passable?  
2. Whether it might not consist with a good understanding, an upright conscience, and severe principles of Loyalty, to be cautelous in this case when ever the Secret Council itself, saw a necessity of making several Explanatory rules according to which it should be taken for the satisfaction of those that were dissatisfied, and without which 'tis more than probable they would never have taken it.  
3. Whether an Oath which binds to the belief of a Confession of Faith, consisting of 25 Articles,( some of them very prolix) and an addition of some other matters, Principles, Doctrines, and notions, which are at least larger than those Principles and Doctrines contained in that Confession, may not minister matter of debate between a good Christian and his own Conscience, how far, and in what sense, with what restrictions and limitations it ought to be taken, if at all it may be taken?  
4. Whether seeing that in the taking of an Oath great regard is to be had to the principles, ends, interests, designs of the Imposers; and seeing it is most evident that the Principles, interests of the first Compilers of the Confession, were differing from the Principles of the Imposers of the present Oath, it will not necessary follow, that 'tis impossible to swear to this Test without a contradiction, unless we can oblige ourselves to a belief that Mr. John Knox, and His Majesties present Lord High Commissioner, with the Right Reverend the Archbishops, the Reverend the Bishops, do center in the same Principles of Religion, the same politics, and Sentiments about the governing of this World, and attaining the next?  
5. Whether the Act of Parliament whereby this Oath is imposed, do not by very clear consequence prove that there is more than ordinary difficulty in the conscientious taking of it; when as the Kings lawful Sons and Brothers are exempted from taking it; who yet may be supposed to see as far into the lawfulness of an Oath as most other men?  
6. Whether it may not create disturbance in a mans Conscience to swear there lies no obligation upon him from the National Covenant, or the Solemn League and Covenant, or by any other manner of way whatsoever to endeavour any alteration in the Government in the Church; if the same person be at the same time conscious to himself of another obligation lying upon him, and that by just authority to endeavour some such alteration?   

CHAP. III. Of the Earl of Argyle's Interpretation, or Explanation of the Oath-Test, upon which he was Tried and Cast, as Guilty of High Treason.  
THE next step I shall make towards satisfaction in this difficult Point, is to exhibit the Earl of Argyle's Explanation, in which he took the Oath, that so we may the better sift out this latent Treason, which he is like to feel the effects of sooner than we shall see the bottom of; which I find Printed at edinburgh for James Alexander, 1681: I have considered the Test, and I am willing to give obedience so far as I can: I am confident the Parliament never intended to impose contradictory Oaths; and therefore I think no man can explain it but for himself; and reconcile it as it is genuine, and agree in its own sense. And I take it, in so far as it is consistent with itself, and the Protestant Religion: And I do declare I mean not to bind up myself, in my station, and in a lawful way to reach and endeavour any alteration, I think to the advantage of Church or State, and repugnant to the Protestant Religion, and my Loyalty, and this I understand as a part of my Oath.  
The news of the horrid Treason wrapped up in these words flew over into England some while before we had a true Copy of the Explanation itself; and I remember well when first an authentic Copy compeared before us, we all stood looking upon one another as Josephs Brethren in their grand surprise, not knowing, nor able for to Divine wherein the venom and poison of this pestilent Treason should lurk: some thought that as he who would needs sell a witty story, had lost all the wit out of it, so the Printer has expunged all the Treason out of his Paper, and that it was as innocent as when it was pure blank, and in its original white: but others more advised, considered, that much malignity might lie in a very little room, and therefore we scanned and sifted, and preached it over and over again, if peradventure we might discover the Teraphim hidden among the stuff; one of our company salved the difficulty thus: That some things may be Treason in one Country( and that reasonably too) which are not so in another; as they say in a neighbouring iceland 'tis felony to steal a Hen, but not a Horse. At last we all agreed upon this: That Englishmen were happy, too happy if they knew their own happiness, who live under a more Southern air, a more temperate climate, where nothing is made a crime but what is so; and where penalties are proportioned to their crimes.  
Nevertheless it was resolved to try if we could pick out any Treason from this short note, and accordingly we took it into parcels.  
1. I have considered the Test] Consideration cannot be Treason, when the matter of it is duty, and weighty too: He that is to swear ought to consider with himself whether he may lawfully take it or no, how far it binds, and in what capacity he is to keep it inviolate.  
2. And am desirous to give obedience as far as I can.] God himself would accept this desire for the dead itself, he that has a heart universally prepared to obey God, and in some single particular questions, whether this matter be commanded or no, an error it may be, a crime it is not, it has not the will in it, no not by interpretation, if the ignorance be really invincible. As far as I can with consistency to my known duty to God; as far as I can with the peace and quiet of my conscience. And farther, no Prince will desire obedience to a positive Law; at the worst, not to have obeied so far as he could in this matter, is made but a High Misdemeanour, not High Treason, by the Act itself, To be declared incapable of public trust; and in case they shall execute any such public trust, to be punished with the loss of their moveables, and life rent escheat: no penalty that extends to life.  
3. I am confident the Parliament never intended contradictory Oaths.] And surely it's hard to conceive that such an honourable thought of the Parliament should be adjudged Treason: I was ready to say, I am as confident as he, but I am taught more discretion, by considering what his confidence cost him: But as confident as the Earl is, that they never intended it; 'tis not simply impossible but that they might commit as great an error as that comes to; especially when perhaps they had not at that time consulted all the numerous, almost innumerable Acts that lie unrepealed in their, voluminous Statute books; and without supposal that they intended, they might casually impose an Oath that might interfere either with itself, the Confession of Faith, or some other Law of the Realm, without any Impeachment to their wisdoms.  
4. And therefore I think no man can explain it but for himself.] If the Parliament do not explain it, whilst they are in being, I know none that can give an authentic Interpretation; for cujus est condere, ejus est interpretari. The Law maker is the only Law-interpreter; and when Laws are made and interpnted with the greatest authority, every man in the last resort does and must interpret for himself; for when the Legislator has given the sense of his own Law, yet the Subject will and must judge whether that sense be agreeable or no; otherwise, if he resolves to rush on by implicit faith, and blind obedience, he might with equal honesty have swallowed all without such Interpretation.  
5. And I take it so far as it is consistent with itself, and the Protestant Religion.] And what hurt can there be in all this, if I should subscribe to the Bible so far as it is the Word of God? All that can be supposed as the cause of that limitation is no more but this, that possibly the Translation may be in some places besides the mind of the Penman; or that the error of the Scribe may have introduced some small error into some few Copies. However it were severe if a man should be denounced an incorrigible heretic, for the mere offer of such a restriction; and if this Lord did propound such a limitation, it was but abundance cautela, which hurts not, or ought not to do so.  
6. And I do declare I mean not to bind up myself in my station, and in a lawful way to wish and endeavour any alteration I think to the advantage of the Church or State.] As there is no person that is a member of any Church or State, but ought in his capacity to contribute what lies in his power in a lawful way to the welfare of both; and as this Lord was in a higher capacity( being a member both of the present Parliament, and the Secret Council) than many others, so had he far greater opportunities, and advantages of serving both than many, than most others. And because there is no Nation in the world whose Constitutions are so absolutely perfect as not to be capable of Melioration, so it were a foul renouncing of that trust which God and the King have reposed in him, to vow that he will never endeavour to make any alteration for the better. That which is convenient in one age or times, appears very inconvenient in another. As the circumstances of things vary, so may, so ought the Laws; I mean those which are not built upon eternal reasons, common to all Governments. And yet so cautelous was this Earl of giving offence, that he inserted those excellent Clauses, In my station, and in a lawful way; and if it be Treason in such a manner to endeavour an alteration for the advantage of Church or State, there's no honest way to vote in Parliament for the repealing of an inconvenient Law, or the bringing in of an useful Statute, without being guilty of High Treason.  
7. And repugnant to the Protestant Religion, and my Loyalty.] In this Clause he declares he doth not intend to bind up himself( still in his station, and in a lawful way) to endeavour any alteration that may be repugnant to the Protestant Religion, and his Loyalty; and why should he, when the end of the said Oath and Test is to secure both? and it would be rigid to interpret a firm adherence to the Protestant Religion, and Loyalty to the Prince, to be High Treason, and to cut his Life shorter for that, to which he is obliged to swear he will adhere to all the days of his life.  
Lastly, That he takes this Explanation to be part of his Oath] is no more than what all Interpretations are; for seeing the sense of the Law is the Law, the sense of the Oath must needs be part of his Oath.  
And admit he mistook, when he took this for a part of his Oath, every Mistake is not Treason; and 'tis pity this should be so. And yet to clear him of any intention of High-Treason in this Explanation, there needs no more than this; It must for ever render the Council inexcusable before God and all the World; that if they knew that every interpretation of an Oath, made by a private Person for his own truce was indeed Treason; that they did not timously stop him, and show him the danger he was in, if he should proceed in his begun resolution? But it's more than probable, they knew as little of High-Treason in such an Action as the Earl himself, till some State-Lawyers, to gain Repute,  told them how to squeeze Treason out of Innocency, and make Loyalty itself Criminal.   

CHAP. IV. Of the Explanatory Act of the Secret Council.  
IT increases the wonder of all men, that the Earl of Argyle's Explanation of the Test should be found High-Treason; when the Secret Council( a Parliament, that very Parliament were still in Being) did the same thing, in the general, without those qualifying Restrictions of endeavouring in ones Station, and in a lawful way: but because that of the Council carries a greater face of Authority, I shall refer the Reader to it, as we have it from the public Gazette, of Nov. 21. 1681.  

Edinburgh, Nov. 3. His Majesties Privy Council here have made the following Act concerning the TEST.  
FOrasmuch as some have entertained Jealousies and Prejudices against the Oath and Test appointed to be taken by all Persons in public Trust, Civil, ecclesiastic, or Military, in this Kingdom, by the Sixth Act of his Majesties Third Parliament, as if thereby they were to swear to every Proposition or Clause of the Confession of Faith therein mentioned, or that Invasion were made by it upon the intrinsic Spiritual Power of the Church, or Power of the Keys; or as if the present Episcopal Government of this National Church by Law Established, were thereby exposed to the hazard of Alteration or Subversion; all which are far from the Intention or Design of the Parliaments imposing this Oath, and from the Genuine Sense and Meaning thereof: Therefore his Royal Highness, His Majesties High Commissioner, and the Lords of the Privy Council, do allow, authorize and empower the Arch-Bishops and Bishops, to administer this Oath and Test to the Ministers in their respective dioceses, in this express Sense, as the Sense of the Parliament.  
1. That though the Confession of Faith ratified in Parliament, 1567. was framed in the Infancy of our Reformation, and deserves it's due Praise; yet by the Test we do not swear to every Proposition or Clause therein contained, but only to the True Protestant Religion founded on the Word of God, contained in that Confession as it is opposed to Popery and paroxysm.  
2. That by the Test, or any Clause therein contained, no Invasion or encroachment is made or intended upon the intrinsic Spiritual Power of the Church, or Power of the Keys, as it was exerced by the Apostles, and the most Pure and Primitive, in the first three Centuries after Christ, and which is still reserved entirely to the Church.  
3. That the Oath and Test is without any Prejudice to the Episcopal Government of this National Church, which is declared by the first Act of the second Session of his Majesties first Parliament, to be most agreeable to the Word of God, and most suitable to Monarchy, and which upon all Occasions, his Majesty hath declared he will inviolably and unalterably preserve. And do appoint the Arch-bishops and Bishops to require the Ministers in their respective dioceses, with their first Conveniency, to obey the Law in Swearing and Subscribing the foresaid Oath and Test; with Certification, that the Refusers shall be esteemed Persons disaffected to the Protestant Religion, and to his Majesties Government; and that the Punishment appointed by the foresaid sixth Act of his Majesties third Parliament, shall be impartially, and without Delay, inflicted upon them.  
Whether by the Laws of Scotland, the Lord Commissioner and the Lords of the Privy Council, have Power to authorize the Arch-bishops and Bishops to administer the Oath and Test in the express Sense there declared, is none of my Province to inquire; nor, is it possible to give myself or others Satisfaction in the Point, without an exact Inspection into the Laws of the Realm, which I pretend not unto: yet, some things may be noted in the said Act of Explanation, which are worthy our Observation.  
1. The Preamble of the Explanatory supposes, that some have entertained Jealousies and Prejudices against the said Oath and Test: And, the Supposition is not without Ground; for, some whole Synods, some of the most eminent Clergy-men, and, if I be not misinformed, some of the Bishops( at last or first) have scrupled it: And among others, it was the Unhappiness of the Earl of Argyle to be one.  
2. It appears hence, that their Lordships were not ignorant of those Jealousies that were got into Mens Heads, and that many of the Kings very good Subjects were in that Number, whom their Honours were willing to gratify, to condescend to their Weakness by an Interpretation, which accordingly they did by this their Act.  
3. That these Scruples were of several Natures, some upon one Account, some upon another; to which, they apply themselves suitably, as the Difficulty required: and yet, that none of those under Consideration, were those made by the Earl of Argyle.  
4. One of these Jealousies was as if they were to swear to every Clause or Proposition of the Confession of Faith therein mentioned; which the Council clears by this Answer, That though the Confession of Faith ratified in Parliament, 1567. was framed in the Infancy of our Reformation, and deserves its due Praise, yet by the Test, we do not swear to every Proposition or Clause therein contained, but only to the True Protestant Religion, founded in the Word of God, contained in that Confession, as it is opposed to Popery and Fanaticism.  
5. Let it be observed, that herein we have, 1. a Scruple. Some it seems, in Scotland, stumbled at it, that they were obliged to swear to every Clause and Proposition in the Confession: But, who should these be that made this Objection? The Protestants, who formed, and first composed the Confession, never questioned, never scrupled Subscription to the whole; it was that which from the beginning of the Reformation, they contended for, they triumphed in as their Glory; and it was enacted, that whoever opposed it should not be taken for Members of their Church: But the Papists indeed, always from the Beginning to this Day, abhorred it, refused Subscription, except such as by their Confessors had an Indulgence to subscribe any thing to serve the Papal Interest. 2. We may further observe, what Provision is hereby made for Popish Tender Consciences, which is laid down, 1. Negatively. That by the Test we do not swear to every Proposition or Clause therein contained. Not to every Clause? Then to how many, to how few? To which Clauses are they bound to swear? We find no Number of Clauses expressed, which are to be sworn to, which are not: and the Papists will doubtless be indulgent enough to themselves, and swear to very few that touched their beloved Principles: so that the Papists have now an Explanation as will make the Test as easy as they can desire. 2. Affirmatively. We are to swear to the True Protestant Religion therein contained, founded on the Word of God, as it is opposed to Popery and Fanaticism. But, this leaves all at Uncertainties: for, 1. whence is the Test of Po●ery and Fanaticism? Some will make all things to be Popery; and some, Nothing; some will make all things Fanaticism, and some will make Nothing so: So that to swear to the Confession so far only as it is opposed to these, is to swear to every thing, or nothing. 2. To swear to the Confession so far as 'tis founded on the Word of God, is to swear what every Man will swear: A Papist will swear to Protestantism thus far; for, he has a twofold Word of God, a written, and an unwritten Word of God; he has a Scriptural and a Traditional Word; he's not such a Fool, as to exclude himself from Honours, Offices, Preferments, for a silly Word, called Protestantism; let him be obliged to swear no farther to it than as 'tis agreeable to God's Word, and he will be contented, if he be not distracted: and so will a Protestant subscribe to the Council of Trent, so far as 'tis agreeable to the Word of God. 3. This Comment destroys the Text; it overthrows what it designed, or pretended to design; it pretends to secure the Protestant Religion, which Protestant Religion, is contained in the Confession of Faith; which Confession of Faith, is supposed to be founded on the Word of God. But now comes the Explication, and tells us, we are not obliged to subscribe to every Clause, to every Proposition, but only to the True Protestant Religion, founded in the Word of God, contained in the Confession; whereas the Confession is the Touch-stone, the Test the Standard of the Protestant Religion, as owned ever since the Reformation of the Church of Scotland. 4. All that are called Christians, of whatever denomination, will pretend that their Religion is founded on the Scriptures, onely they differ in the Explication thereof: to prevent which Evil, the first Reformers in Scotland,( and so in England too) laboured to reduce the Principles of Religion contained in the Scriptures to a certainty: which that they might do, they drew up the Heads of their Faith into certain Articles, which they own as their Belief from Gods Word: But now comes this lax Interpretation, and not insisting upon the truth of the National Confession of Faith; they enjoin men to swear to it, not as supposing it consonant to God's Word, but so far as it is so: and therefore not all Cl●uses, not all Propositions, are owned to contain sound Doctrine, but such as are founded on the Word: and yet which they are, they prudently conceal, and leave us to our own liberty to pick and choose out which we please, for ought can be seen to the contrary.  
6. The other two Scruples are supposed to be made by the Prelatists, and the superior Clergy, and how the Answer serves and satisfies their Pretensions, as I do not know, so I shall not give myself the trouble to inquire: only, where we may suppose the Kingdom of Scotland to contain in it three sorts of Persons, First, Papists; Secondly, High-flown Prelatists; Thirdly, the old Breed of the first Reformers; Here are Salvo's for the first and second sort, but no regard had to the old Protestants of the first Edition: but such a temper found out to let in the former, but quiter to exclude the latter: of which sort, if we could suppose the present Earl of Argyle to be, we may then see a sufficient ground why he could not acquiesce in the Explication of the Council, being framed for other Interests; and a Reason why it was absolutely necessary he should explain himself, consonant to the true and genuine meaning of the Test, which before that other forced and violent interpretation of the Council, he had not been necessitated to do. And the consequence of this Interpretation will be this, That palliated Papists will creep hereby both into Church and State; when many conscientious Protestants of the old stamp will be for ever excluded.    

CHAP. V. Of the Charge or Indictment of High-Treason preferred against Archibald Earl of Argyle.  
WE have not hitherto, by any Industry of our own, assisted by our more Mother Wit, been able to discover the High-Treason that may be supposed to lye hide in that Explication of the Test, which he gave in to the Privy Council; it remains that we now inform ourselves from more prying Eyes: For, the States-men and great Lawyers of Scotland, who should best understand their own Statutes, have, by comparing the Fact with the Law, discovered not only Treason, but many Treasons in that paper; and therefore, to the Indictment or Charge itself, I shall remit the Reader.  

A True Copy of the Indictment which is preferred against Archibald Earl of Argile, for High-Treason, who is to be tried on Monday the 12th. Day of this Instant December, 1681. as it was taken from the Original Records.  
ARchibald Earl of Argile, you are Indicted and Accused, That albeit by the Common Law of all well governed Nations, and by the municipal Laws and Acts of Parliament of this Kingdom, and particularly, by the 21 cap. Stat. 1. Rot. 1. and by the 43 Act of Parl. 2 Jac. 1. and by the 83 Act of Parl. 5 Jac. 6. and the 134 Act Parl. 14 Jac. 6. and by the 204 Act Parl. 8 Jac. 6. all Leising-makers, and Sellers of them, are punishable with tinsel of Life and Goods; Likewise, by the 7 Act Parl. 7 Jac. 6. it is Statute, That no man interpret the Kings Statutes otherwise than the Statutes bear, and to the Intent and Effect that they were made for, and as the Makers of them understood; and whoso does to the contrary, to be punished at the Kings Will. And by the 1 Act Parl. 1 Jac. 6. it is Statute, That none of his Majesties Subjects presume to take upon-hand publicly to declare, or privately to speak, or writ any purpose of Reproach against his Majesties Person, Government, or State; or to deprave his Laws and Acts of Parliament, or misconstruct his Proceedings, whereby any misliking might be moved betwixt his Highness, his Nobility, and his Loving Subjects in time coming, under pain of Death, certifying them that do on the contrary, they shall be reputed as seditious and wicked Instruments, Enemies to his Highness, and the Commonweal of this Realm; and the said pain of Death shall be executed against them with all Vigour, to the Example of others. And by the 2 Act Sess. 2. Parl. 1. Car. 2. it is Statute, That whoever shall by Writing, libeling, or Remonstrating, express, publish or declare any Words or Sentences to stir up the People to the dislike of his Majesties Royal Prerogative and Supremacy in Causes Ecclesiastical, of the Government of the Church by Archbishops and Bishops, as it is now established by Law, under the pain of being uncapable to exercise any Office, Civil, Ecclesiastical or Military, within this Kingdom, in any time coming; Likewise, by the fundamental Laws of this Nation, and by the 138 Act Parl. 8 Jac. 6. it is declared, That none of his Majesties Subjects presume or take upon hand to impugn the Dignity and Authority of the three States of Parliament, or to procure Innovation or Diminution of their Power and Authority, under the pain of Treason; and it is much more Treason in any of his Majesties Subjects to presume to alter Laws already made, or to make new Laws, or add any part to any Law by their own Authority, that being to assume the Legislative Power to themselves, which is his Majesties best and most incommunicable Prerogative. Yet, true it is, that albeit, His Sacred Majesty did bestow upon you the said Arch. Earl of Argile, these vast Lands, Jurisdictions, and Superiorities, justly forfeited to his Majesty, by the Crimes of your deceased Father, preferring your Family to these, who had served his Majesty in the late Rebellion against it; but also pardonned and remitted to them the Crimes of Leising, Making, and Misconstructing of his Majesty and the Parliaments proceedings against the very Laws above-written, whereof you were found guilty, and condemned to die therefore, by the High Court of Parliament, Anno 1662. And raised you to the Title and Dignity of an Earl, and of being a Member in all his Majesties Jurisdictions. Notwithstanding of all these and many other Favours, to you the said Arch. Earl of Argile, being put to the Lords of his Majesties Privy Council, to take the Test appointed by the Act of the last Parliament, to be taken by all persons in public Trust; instead of taking the said Test, and swearing the same in the plain Sense and Meaning of the Words, without Equivocation, Mental Reservation, or Evasions whatsomever, you declare against, and defame the said Act; and having to the end you might corrupt others by your pernicious Sense, drawing the same in a Libel, of which Libel, you dispersed, and gave abroad Copies, whereby Evil Example was given to the Kings Proceedings, at a Time especially, when his Majesties Subjects were expecting that Submission should be given to the said Test; and being desired the next Day, to take the same as one of the Commissioners to his Majesties Treasury, then did give in to the Lords of his Majesties Privy Council, and owned twice in plain judgement before them, the said defamatory Libel against the said Test and Act of Parliament, declaring that ye had considered the said Test, and was desirous to give Obedience as far as ye could, whereby ye clearly insinuate, that ye were not able to give full Obedience.  
In the Second Article of which Libel, ye declare that ye are confident that the Parliament never intended to impose contradictory Oaths whereby to abuse the People with the Belief, that the Parliament had been so impious as really and actually to impose contradictory Oaths, and so ridiculous as to have made an Act of Parliament( which should be most deliberate of all human Actions) quiter contrary to their own Intentions; after which, ye subsumed, contrary to the nature of all Oaths, and to the Acts above-cited, that every Man must explain it for himself, and take it in his own Sense; then the Oath is imposed to no purpose; for, the Legislator cannot be sure that the Oath imposed by him will bind the Takers according to the Design and Intent for which he appointed it, and the Legislative Power is taken from the Imposer, and settled upon the Taker of the Oath, and so he is allowed to be the Legislator, which is not only an open and violent depriving of his Majesties Acts of Parliaments, but is likewise a settling of the Legislative Power upon private Subjects, who are to take such Oaths.  
In the Third Article of the said Paper, you declared, That ye take the Test in as far only as it is consistent with itself and the Protestant Religion; by which, you maliciously intimate to the People, that the said Oath is inconsistent with itself and the Protestant Religion, which is not only a down-right depraving of the said Act of Parliament, but is likewise a misconstructing of his Majesty and the Parliaments Proceedings, and a misrepresenting to the People in the highest degree, and in the tenderest Points wherein they be concern●d, and implying that the King and Parliament have done things inconsistent with the Protestant Religion; for securing of which, that Test was particularly invented.  
In the Fourth Article you expressly declared, That you mean not by taking the said Test, to bind up yourself from wishing or endeavouring any Alteration that ye shall think for the Advantage of the Church or State: whereby, although it was designed by the said Act of Parliament and Oath, That no Man should endeavour any Alteration of the Government, either in Church or State, as it is now established; and the duty of all good Subjects in humble manner to obey the present Government; yet you not only declared yourself, but by your Example invited others to think themselves loosed from that Obligation, and that it is free for them to make any Alteration in either, as they think fit, concluding your whole Paper with these Words, [ And this I understand as a part of my Oath] which is not only an Invasion upon the Legislative Power, as if it were lawful for you to make to yourself any Act of Parliament, since he that can make any part of an Act, can make the whole Power and Authority in both, being the same; Of the whilk Crimes above-mentioned, you the said Archibald Earl of Argile, are notar, art and part, whilk being found by Assize, you ought to be punished with Pains of Death, Forfeiture of Life, Lands, and Escheat of Goods, to the Terror of others to do and commit the like thereafter.  

Here follows a List of the Assizers, or Jurors.  
marquis of Montrose.  
Earl of Linlithgow.  
Earl of Wintone.  
Earl of Strathmore.  
Earl of Roxbrough.  
Earl of Haddingtone.  
Earl of Drumfrice.  
Earl of Arlie.  
Earl of mar.  
Earl of Hume.  
Earl of Pearth.  
Earl of Dumfermling.  
Earl of Dallhusi.  
Earl of Suthesk.  
Earl of Treddel.  
Earl of Midletown.  
Lord Ross.  
Lord Elibank.  
Lord Dunkel.  
Lord Livingstone.  
Lord Sinkler.  
Lord Lindoors.  
Lord Rollo.  
Lord Bruntilard.  
Laird Purie.  
Laird Lesmore.  
Laird Hall-yeards.  
Laird Hilltown.  
Laird Ormestown.  
Laird Touch.  
master of Bamirinock.  
master of Ross.  
master of Burly.  
Laird Gossford.  
Sir Robert Daliel of Glennel.  
Laird Ballymain.  
Laird Parck Gordon.  
Sir Will. Nicolson of that Ilk.  
Laird Lamingtown.  
Laird Claverhouse.  
Laird Longformegous.  
Mr. Cransis Magomrie, Brother to the Earl of Eglington.  
master of Sallmirinoch.  
Sir Andrew Ramsy of Abits-hall.  
Laird Haning.  
Laird Gredden-kar.  
Laird Londine.  
Sir William Paterson.   

The Names of the Witnesses.  
Pat. Menzies.  
Lord Register.  
Hugh Stivingson, &c.   

Here follows the Explanation of the TEST.  
I Have considered the Test, and am very desirous to give Obedience so far as I can; I am confident the Parliament never intended to impose contradictory Oaths, and therefore I think no man can explain it but for himself, and reconcile it as it is genuine and agrees in its own sense; and I take it in so far as it is consistent with itself and the Protestant Religion: And I do declare, I mean not to bind up myself in my Station, and in a Lawful way, to wish and endeavour any alteration I think to the advantage of Church or State, and repugnant to the Protestant Religion, and my Loyalty: and this I understand as a part of my Oath.  
The day of Compirance, 12th of December, 1681.   
This dreadful Charge we see has found out the Treasons, which to us had been for ever a Terra Incognita: Of which I shall say little, not doubting but the Earl and his Counsel will say the more: only we may make some obvious Remarks as we go along, that the Paper may not seem utterly desolate, and uninhabited.  
And first, We have a recital of sundry Laws and Statutes upon which the Indictment is grounded, and contrary to which the Offences laid to his charge, are said to be committed. One Act tells us, That all Leising-makers, and sellers of them, are punishable with Tinsel of Life and Goods. Another," That whosoever interprets the Kings Statutes otherwise than the Statutes bear, and to the intent and effect that they were made for, and as the makers of them understood, shall be punished at the King's Will. Another," That whosoever shall reproach his Majesties Person, Government, or State, or deprave his Laws and Acts of Parliament, or misconstrue his Proceedings, whereby misliking might be moved between his Highness, his Nobility, and his loving Subjects, shall be guilty of Death. Another, That" whoever, by Writing, libeling, or Remonstrating, shall publish any words to stir up dislike of his Majesties Royal Prerogative in Causes Ecclesiastical, of the Government of the Church by Arch-bishops and Bishops, as now established by Law, shall be incapable to exercise any Office, Civil, Ecclesiastical, or Military. Another, That whoever presumes to impugn the Dignity or Authority of the Three Estates in Parliament, or to procure Innovation, or Diminution of their Power and Authority, shall be liable to the pain of Treason. Further, it is asserted,( but not Statute-cited) That it is much more Treason to presume to alter Laws already made, or to make new Laws, or add any part to any Law by their own Authority.  
2. In the Charge we find a Rehearsal of the Vast-lands, Jurisdictions, and Superiorities bestowed upon the said Earl by his Majesty. But this cannot easily be construed into High-Treason, in a well-composed and settled Government, although true it is, that great Estates have sometimes made their Owners criminal; and to be Rich has of old been to be Guilty.  
3. We have the comparing of the Earl's Facts with the several Laws recited, that so it may appear that his Acts are Treasonable, and his Person to suffer as a traitor.  
1. He is charged to have defamed the Act of Parliament, and to have drawn his Defamation into a Libel, to the end he might corrupt others by his pernicious Sense, and to have dispersed, and to have given abroad Copies thereof, whereby evil Example was given to the Kings Proceedings. That he gave in to the Lords of the Council the said Libel, and owned it twice in judgement, and that he declared, he had considered the Test, and that he was desirous to give Obedience as far as he could: Whence he is charged to have clearly insinuated, that he could not give full Obedience.  
It is an unusual thing to have insinuations,( though fancied never so clear) screwed up to High-Treason; seeing these Insinuations may be only taken unjustly, and never given: but that an insinuation that a man cannot give full obedience to every thing that is commanded by a Law, should be Treason, is beyond all degree of admiration, seeing that all the Papists in Scotland,( not to mention the Lord Commissioner himself) do give more than clear insinuations, even plain and positive profession, that they cannot give full obedience to all the Laws, and it were well if they were but half so Loyal as the Earl, and were desirous to give obedience as far as they can: but it is far otherwise; they totally refuse to subscribe the Confession( though with the late Explanation, I suppose, they will not stick at it) they refrain from the public Worship established by many express Laws, and yet they are not prosecuted as Traytors.  
But though this be called a Libel, I can see nothing but Modesty and Loyalty in it, being qualified with those words, which the Charge omits, viz. to endeavour in his station, and in a lawful way, such Alterations as might be repugnant to his Loyalty. And if it had been a Libel, why was it so freely received, when he offered it first in the Council? It was accepted and entertained, and his Oath given to him with that Explanation, only it was rejected the next day, when he was called upon to take it again in another capacity, viz. as one of the Lords Commissioners of the Treasury: It is strange it should grow Treason in twenty four hours! Besides, the Law requires not( that I can find) that a Person who stands in many Capacities, should take the Oath many times; for if the Person be once obliged in Conscience, he is obliged in every Capacity to the discharge of his Oath. Nor could his showing to his Friends the Copy of his own Explanation, which the Council had accepted, be reasonably interpnted a publishing of a Libel, seeing it was only to show the Grace and Indulgence of their Lordships to himself, which could be no Defamation, but a Commendation of the Tenderness of the Government.  
2. He is secondly charged with declaring, that he was confident that the Parliament never intended to impose contradictory Oaths: and the Inference drawn thence is, that hereby he abused the People with the belief that the Parliament had been so impious as really and actually to impose contradictory Oaths, and so ridiculous, as to have made an Act of Parliament( which should be most deliberate of all human Actions) quiter contrary to their own Intentions.  
I cannot tell by what logic or Law this Inference is deduced from these Premises. The Earl is confident they never intended Contradictions, therefore he supposes there were actual Contradictions: no such matter: but therefore it will follow, that where an Act is penned dubiously, it must be so interpnted, as to avoid contradictions, which is a Civility due to all human Constitutions, which dare not pretend to Infallibility.  
It is true, that Acts of Parliament should be the most deliberate of all human Actions, they should be so, de jure, but are not always so de facto; human frailty must be acknowledged in the midst of the most exact Deliberations: And if the Charge asserts, that they should be most deliberate, it will not prove they ever are so; Passion is very dimsighted, and often huddles up things in great hast and disorder; men may be so zealous to reach the End, that they may stumble at the Means; and that that Parliament, of whose Honour we are tender, might suffer something of Humanity, is evident, in that when all was done, the Privy Council was forced to help them over the obscure style, and interpret it so, that it should rather carry a contradiction to the Protestant Religion than to itself. Nor is it a Supposition of the Parliaments Impiety, but a bare admission of their Non-infallibility, to have imposed some things that carry a seeming contradiction to themselves, or to some other Law equally in Being, and Force with that: Impiety affects the Will, which may be good, when the issues of the Understanding are weak: There is no Artist whatever, that always acts up to his Principles and Designs; and the Architectonical may come short in its operations; Practise seldom comes up to its Rules, and other Nations( as wise as that) have seen Reason to make Explanatory Acts to interpret the ill wording of the former.  
3. He is charged to have subsumed, contrary to the nature of all Oaths, and to the Acts above-cited, that every man must explain it for himself, and take it in his own sense. This branch of the Charge hath in it matter of Divinity, and matter of Law. 1. Of Divinity. That for a man to explain an Oath himself, and to take it in his own sense, is contrary to the nature of all Oaths. But first, I humbly conceive, that this is not universally true; for if a Person shall tender his own sense, and the Authority who is to administer the Oath do accept his sense, he then is obliged in that sense and no other: And if the Council had refused to accept his own Interpretation, no doubt he had refused the Oath, which had not been High Treason, but only a discharge from public Trust, Offices and Employments. Secondly, 'tis so far from being true, that 'tis not possible for a man to take an Oath lawfully and conscientiously, but he must take it in a sense that is some way or other his own; for if the sense of the Oath be not made his own before he takes it, he swears without Knowledge and judgement, and then 'tis no matter whether he take it in any sense at all or no: let him but wink hard and swear, 'tis well enough.  
2. We have here also matter of Law; 'tis said to be contrary to the Act above-cited: Let the Lawyers dispute that; all that I can find is, that no man shall put a sense upon any Law that shall bind another, or be the public Sense of the Law to all the Subjects, which, whether it reach the Earl of Argyle or no, or some others that have presumed to impose such a General Sense, is not my task to examine: yet thus much I conceive is reasonable, that any man may offer his doubts to the Authority before whom he is to swear, or subscribe; if they accept his Solution of them, and that not disagreeing to the Letter of the Oath, he may take the Oath in that accepted Sense, at least, there's no Maxim of common Reason to the contrary.  
4. An evil Consequence is charged upon the Earl's practise in the last particular; viz. That then the Oath is imposed to no purpose, for the Legislator cannot be sure that the Oath imposed by him will bind the Takers according to the Design and Intent for which he appointed it: Nay rather, the Legislator cannot be sure that the Oath is taken according to his Design, unless the Taker declares that he takes it in his sense: And again, if the Oath be doubtful, and may have many Interpretations, there's no way to secure the Legislator that the Taker receives it in his sense, without the most explicit Explanation of his meaning: How shall the Legislator be sure that the Oath is taken in his sense, when the dubious drawing of the Oath makes it uncertain what is the Legislator's sense: Laws can never hold Equivocators and mental Reservers; they are the only men whom he can be sure of, who will deal fairly, and above board, and let him know, thus far he may be sure of me, thus far will I swear, and no farther: Nor can it be said, that Oaths are to no purpose, if they be not to all purposes; for they never ought to be used to evil purposes, to ensnare men, to halter their Consciences, or slip dubious Oath over their Heads, and then tell them, So now we have you hard and fast, you are bound farther then you dreamed of, you must do thus and thus or be perjured.  
5. A further aggravating consequence is, That hereby the Legislative Power is taken from the Imposer, and settled upon the Taker of the Oath, and so he is allowed to be the Legislator; which is not only an open, and violent depriving of his Majesties Acts of Parliament, but is likewise a settling of the Legislative Power upon private Subjects, who are to take such Oaths: This is the Reasoning of men who live very remote from the Sun, and too near the arctic circled. For 1. the judgement which the Swearer uses, is nothing but that of discretion for himself, not of Legislation for others. He that takes an Oath in that which he judges the true sense, does not impose his Sense upon the whole Nation: the former is his Personal privilege, the latter peculiar to the Legislator: If the Earl of Argyle had said, I take the Oath in this sense, and I command all men whatever to take it in the same sense I have hereby imposed, there had been some colour for this Imputation.  
And if it be true, to explain an Oath be to settle the Legislative Power in him that explains it, then it is most evident, that the Secret Council have arrogated to themselves the Legislative Power, who have( not as the Earl of Argyle interpnted it, each for himself, but) imposed a sense in which all Arch-bishops and Bishops are bound to administer it, and such a sense too as plainly ruins the Confession of Faith, the old Standard of Protestancy in Scotland, and therefore may be presumed contrariant to the meaning of the Parliament, who in their Test designed the Confirming and Establishing of the Protestant Religion, as professed in the Confession.  
6. It is charged on the Earl, That he declares, he takes the Oath so far only as it is cons●stent with itself and the Protestant Religion. In which Charge, the word ( only) is added, which I find not in the Earl's: and that is a word of great Importance: for as the Earl's words lye, I take it in so far as it is consistent with itself and the Protestant Religion, may bear no worse sense than this, If the Test be thoroughly consistent with both these, then I take it thoroughly: which does not necessary suppose any inconsistency: and if there be a Supposition, I hope an Hypothesis is not High-Treason: but the word ( only) added in the Charge implies, a Supposition of some actual inconsistency with itself, or the Religion; so that herein the Charge has either invidiously represented, or injuriously corrupted the words of the Earl. And I hope this Charge or Indictment is not established by Act of Parliament, but that it may be lawful to examine it.  
There is yet something further, and perhaps more material to be observed; namely, that the Earl deals no otherwise with the Test, than the Privy Council deals with the Confession of Faith, in which nevertheless the Protestant Religion is as much concerned as in the Test. The Council declare, That by the Test we do not swear to every Clause therein( the Confession) contained, but only to the True Protestant Religion, &c. If then it be lawful to swear to the Confession so far only as 'tis agreeable to the Protestant Religion and the Word of God, 'tis equally lawful to swear to the Test so far only as 'tis agreeable to the Protestant Religion: Nay, the Earl is more sparing, in leaving out the Word Only, which the Council has added in their Declaration, and the Indictment super-added to the Earl's.  
7. The Indictment proceeds with an Inference from this last Clause of the Earl's Explanatory. That it is a down-right depraving of the Act of Parliament, and likewise a misconstruing of his Majesty and the Parliaments Proceedings, and a misrepresenting to the People, in the highest Degree, and in the Tenderest Points wherein they be concerned; and implying, that the King and Parliament have done things inconsistent with the Protestant religion.  
Which part of the Charge is drawn very strangely, It is a down-right depraving— Implying— that is to say, that what a man says by Im lication and indirectly, he speaks it down-right and directly. But, if the Words be not strained, and distorted from their plain and genuine Meaning, there is neither down-right nor implicit Depravation of the King or Parliament, of their Intentions, Proceedings, or otherwise: For, all these hard Consequences are much more applicable to the Declaration of the secret Council, and not easily applicable to that of his Lordship's, without Implications, Inferences, Deductions, which it is not possible to foresee, or to prevent crafty Lawyers from making. The Charge confesses, That the Test was intended for the securing of the Protestant Religion. As far as the Test answers, that End which may be( for ought the Earl has said to the contrary) entirely and thoroughly, so far he takes it, that is entirely and thoroughly; but so far as any thing answers not the End for which it is invented, so far it's no mean, and so far of no Use; for 'tis the End that gives Dignity and Value to the Means. Now, as the Council hath interpnted the Test, it's no Means to secure the Protestant Religion: For, what is that Protestant Religion which is designed to be secured? and where may we find it? If it be said in the Word of God; That's true: but it's as true too, that all Religions will pretend to be found there: If it be said in the Confession, the Councils Explanation expressly tells us, That the Test requires us not to swear to every Clause or Propo● tion therein; and 'tis as true, that they tell us not to which Clauses we are to swear, and which not: and therefore we are turned off to the former Generality, as it lies in the Scripture, which will never secure the Protestant Religion against the Inroads and Inchroachments of Papists and Popery.  
8. It is farther charged upon him; That he means not by taking the said Test, to bind up himself, from wishing and endeavouring any Alteration he shall think fit, for the advantage of the Church or State. And it cannot be reasonably thought, that any true Subject took it with any other meaning; for no Man when he does a good Work, intends to abridge himself of doing another; and seeing 'tis impossible for the Wit or Fore-sight of man to foresee what may farther emerge necessary to be enacted for the Advantage of Church or State: no man can possibly so tie himself, but that he shall always be at Liberty to do h●s duty to the Church and State.  
But it deserves a Remark, that the Prosecutors here forgot, or else voluntarily omitted, that which would h●ve cleared the Earl's Intentions, namely, that he limits his Endeavours to his Station and a lawful Way; and if it be Treason to endeavour any Alteration for the benefit of the Church and State in a lawful way, and when a man acts in his Place and Station, all mens hands are tied up from prosecuting the true Ends of their Allegiance.  
And yet see how unmercifully these Words are aggravated.  
It was designed( saith the Charge) by the said Act of Parliament and the Oath, that no Man should endeavour any Alteration of the Government either in Church or State, as it is now established: to which I say,  
1. If the Prints be true this is not true: for the Test says, not to endeadeavour any Alteration in the Government, either in Church, &c. The Earl's Paper says, To endeavour any Alteration to the Advantage of Church or State. The Charge says, The Act of Parliament designed, That no Man should endeavour any Alteration of  
Of the Government, either in Church or State: Now then, the Test itself obliges not against an endeavorin● an alteration in the Government, but of the Government: The Earl neither looks upon himself as bound to make alteration either in the Government, or of the Government; But only to endeavour alteration for the Advantage of both; and yet the Charge would insinuate, that he had reserved to himself a latitude and liberty by his Interpretation to make an Alteration of the Government itself: There may be some Alteration made in a Government, which is no Altetation of the Government, the species or kind or Government may continue the same, and yet there may be some Amendments in particular contrived, but however the Earl reserves to himself a Power only to make Alteration for the Advantage of the Government, in Church and State, which may be done, and his ends answered without any Alteration in, or of the Government. A House may be repaired, a rotten Beam removed, a sound one inserted, and yet the Model, the Ground-plat, the Foundation, Walls, Roof continue the same.  
And therefore the close of the Charge is most horrid: Yet you not only declared yourself, but by your Example invited others to think themselves loosed from that Obligation, and that it is free for them to make any Alteration in either as you think fit: To which surely the Earls Counsel would answer. 1. That the Earl never pretended to be at liberty to make any Alteration as he should think fit. But as he thought for the Advantage of Church and State; where he does not limit himself by his own thinkings, but the Churches, and States Advantage, and Benefit. 2. That he invited others by his Example to do the same, is not cautelously spoken; so he declared for himself, he explained the Oath for himself, and for himself only, and if any other should follow his precedent Example, that is but a contingency, and to be made a Traitor for the contingent Issues of a Mans words or actions, is something, for which civilized Nations, want a Name. 3. As the Earl is charged with these High Crimes, so the Instigating Clauses, with which he mollified all harseness of expression, and endeavoured to prevent misconstruction are utterly omitted, as that he would not bind up himself in his Station, and in a lawful way to endeavour such Alterations, and that he foreprized out of those Alterations all evil ones, and yield himself to such, and such only as might be for the Advantage of Church and State, and such as were repugnant to his Loyalty( as a Subject) and the Protestant Religion( as a Christian.)  
( 9) The last part of the Charge is, that he concluded with these words. [ And this I understand as a part of my Oath.] Upon which words the Advocate General descants, with great conceit no doubt of his own abilities. Which( says he) is not only an Innovation upon the Legislative Power, as if it were lawful for you, to make to yourself any Act of Parliament, since he that can make any part of an Act can make the whole, Power, and Authority in both being the same, and now we expected a Butt. 'Tis not only so and so, but nothing. Yet if it be so though not also, it's enough to hang many a Man, but what if it be not so? then her'es a long Charge without matter. But I suspect that Integrity of the Prints, else of the sense of the Acts beyond Tweed be no more intelligible than this last Clause, they must either be explained, or never obeied by any that are not resolved to rush through thick, and thin. He that interpets an Oath, supposes that his Interpretation is a Part of the Oath, but not an additional part, or a part of his own adding, but such a part as really and in truth is within the Act itself, and only wants some Will and Wisdom to draw it out: The sense of the Law is the Law, for Letters, Syllables, Words, without meaning can be no Law to the Subject, no more than Scotchmen can dance to their own Bag-pipes when they give an indistinct and uncertain Sound: If then the sense, and meaning be obscure, and the Subject shall tell what he thinks in the case, they are either to refuse the sense or accept it, if they accept it 'tis their sense, or rather the sense of the Law, not the private Persons; if they reject it, there is no harm done, but the vexation of a poor Man so not swearing he knows not what.    

Chap. 6. Of the Earl of Argyles trial, His Speech and Conviction.  
UPon Monday the 12th of December 1681. the Day of his Compearance, the Lords of Justiciary being assembled in the Morning, before Ten the Earl was brought to his panel; in the first place the Lord Advocate produced his Commission from His Majesty, and the Council for the Prosecution of the said, which( as he said) he resolved to do with the greatest Moderation of Spirit imaginable; the Libel, Charge, or Indictment was then red, founded on several Statutes, against Leising-making, and misrepresenting the Kings, and Parliaments meanings, as more at large is to be seen in the Indictment itself, to which the Reader is referred: Hereupon the Earl made an Elegant Speech in vindication of himself, wherein he gives a short Narrative of his Life, his Loyalty, but be cause we may wrong the Speech itself by our Abbreviation, let the Reader peruse the Speech itself.  

The Speech of the Earl of ARGYLE at his TRIAL on the 12th, of December 1681.  
My Lord Justice General and Remanent Honourable Lords of Justiciary  
I Look upon it as the undoubted Privilege of the meanest Subject, to explain his own words in the most benign Sense.  
And even when Persons are under an evil Character, the misconstruction of words, in themselves not ill, can only amount to Presumption or Aggravation, and not a Crime. But it is strangely alleged( as well as impossible to make any that knows me believe) that I could intend any thing, but what was honest and honourable, suitable to the Principles of my Religion and Loyalty, though I did not explain myself at all.  
My Lord, pray be not offended, that I take up a little of your time to tell you, I have from my youth made it my business to serve his Majesty faithfully; and have constantly to my power, appeared in his service, especially in all times of difficulty; and have never joined, nor complied with any Interest or Party, contrary to his Majesties Authority, but have all along served him in his own way, without a frown from his Majesty these thirty years.  
As soon as I passed the Schools and colleges, I went to travail to France and Italy in the beginning of the year 1647. and continued abroad till the end of the year 1649.  
My first appearance in the World, was to serve his Majesty, as colonel of his Foot-guard; and though at that time all the Commissions were given by the then Parliament, yet I would not serve without a Commission from his Majesty, which I have still the Honour to have by me.  
After the misfortune of Worcester, I continued in Arms for his Majesties service, when Scotland was over run with the Usurpers, and was alone with some of my Friends in Arms, in the year 1652 and did then keep up some appearance of Opposition to them by taking several of the Castles they had garrisoned in Argyle-shire; and taking and killing three hundred of them in one day. After wh●●h, I joined with those his Majesty had Commissioned, and stood out to the last, till the Earl of Middleton his Majesties lieutenant General gave me order to capitulate, which I did without any other engagement to the Rebels, but bail to live peaceably; and did at my capitulating, relieve several Prisoners by exchange, whereof my L. Granard out of the Castle of edinburgh was one.  
Is it not well known that I was imprisoned by the Usurpers, who was so jealous of me, that contrary to their faith, they seized on me, and kept me from Prison to Prison, till his Majesties happy Restauration, only because I would not engage not to serve him, though there was no Oath required?  
I do with all Gratitude aclowledge his Majesties Bounty and Royal Favours to me when I was pursued before the Parliament in the year 1662. His Majesty was graciously pleased not to sand me down in any opprobrious way, but upon a bare verbal Bail, upon which I came down Post, and presented myself a fortnight before the time; and having satisfied his Majesty at that time, of my entire Loyalty, I did not offer to pled by Advocates, and his Majesty was not only pleased to pardon my life, and to restore me to a Title and Fortune, but to put me in trust in his Service in the most eminent Judicatories of the Kingdom, and to heap Favours upon me beyond whatever I did, or can deserve, though I hope his Majesty hath always found me faithful and thankful, and ready to bestow all I have, or can have, for his Service; and I hope he never had, nor never shall have ground to repent any Favour he hath done me: If I were now guilty of the four Crimes libeled, I should think myself a great Villain.  
In the Prosecution of the Story of my Life in the year 1666. when the Rebellion broken out, that was repressed at Pentland Hills, upon a bare Advertisement from the now Lord Archbishop St. Andrews, without any order either from the Council or General, the intercourse being stopped; did I not bring together about two thousand men, and sent a Gentleman to General Dailyel, offering to join with him, if the Rebellion had not presently been happily crushed? And when I met with considerable trouble from my Neighbours rebelliously in Arms, and had Commissions both in public and private accounts, have I not carried dutifully to his Majesty, and done what was commanded with a just Moderation, which I can prove under the Hands of mine Enemies, and by many infallible Demonstrations?  
Pardon me yet a few words. Did I not in this present Parliament show my readiness to serve His Majesty and the Royal Family in asserting vigorously the Lineal Legal Succession of the Crown, and had a care to have it expressed in the Commissions of the Shires and Boroughs in which I had interest? Was I not for offering proper supplies to His Majesty & his Successor? And did I not concur to bind the Lanlords for their Tenants, though I was mainly concerned? And have I not always kep't my Tenants in obedience to His Majesty?  
I say all this not to arrogate any thing to myself for doing what I was in Honour and Duty bound to his Majesty; But if after all this, upon no other ground, but words that were spoken in absolute Innocence, and without the least design, except for clearing my own Conscience, and that are not capable of the ill sense wrested from them by the Libel, I should be further troubled, what assurance can any of the greatest Quality, Trust, or Innocence have, that they are secure, especially considering, that so many scruples have been started, as all know, not only by many of the Orthodox Clergy, but by whole Presbyteries, Synods, and some Bishops, which were thought so considerable, that an eminent Bishop did take the pains to writ a Treatise( which was red in Council, and allowed to be Printed, and a Copy given to me), which contains expressions that may be stretched to a worse sense than I am charged for. Have I not shewed my Zeal to all the ends of the Test? How then can It be imagined, that I have any sinister design in any thing that I have said? If I had done any thing contrary to the whole course of my Life, which I hope shall not be found, yet one Act might pretend to be excused by a Habit. But nothing being questioned but the sense of words misconstrued to the greatest height, and stretched to imaginary inclinations, quiter contrary to my scope and design; and so far contrary, not only to my Sense, but Principles, Interest and Duty, that I hope, my Lord Advocate will think he hath gone too far in this Process, and say plainly what he knows to be true by his acquaintance with me, both in public and private, that I am neither Papist nor fanatic, but am truly Loyal in my Principles and practise.  
The hearing of this Libel would trouble me beyond most of the Sufferings of my Life, if my Innocence did not support me, and the hopes of being vindicated of this and other calumnies before this public and Noble Auditory.  
I leave my Defences to these Gentlemen that pled for me: They know my Innocence, and how groundless that Libel is. I shall only say, As my Life has been most of it spent in serving and suffering for his Majesty, so whatever be the event of this process, I resolve, while I breath, to be loyal and faithful to his Majesty; and whether I live publicly or in obscurity, my head, my heart, nor my hand, shall never be wanting where I can be useful to his Majesties service; and while I live, and when I die, I shall pray, that God Almighty would bless his Majesty with a long, happy and prosperous Reign, and that the Lineal Legal Successors of the Crown, may continue Monarchs over all His Majesties Dominions, and be Defenders of the true Primitive Christian apostolic catholic Protestant Religion, while Sun and Moon endure.   
THe Earl gave in to the Court a Letter under the Kings Hand,( if not written wholly with His Majesties own Hand) wherein His Majesty declares his great confidence in the said Earl; and another by the Earl of Middleton to the same effect; Argyle desired they might be recorded, which was not granted, yet it was agreed that they should be red, after this Sir George Lockart answered the Libel, and for about three hours time laboured to prove the Irrelevancy; alleging that it was impossible that a Mans exonerating of his Conscience, could be Leasing-making; or that his declared private meaning, could give Laws to others, and so come under the Statute against private Mens making Laws to beget misunderstanding betwixt the King, and his People. The Kings Advocate, answered to his Pleadings, and laboured to support and back the Libel; Sir George Lockart replied upon him, and it was thought by many intelligent Persons there present, that he had cleared up matters beyond all possibility of a rejoinder.  
Sir John Dalrimple made a very excellent Discourse of the Nature of Oaths, thus were matters argued pro, and con till about nine a clock at night; when all Persons were dismissed, except the Lords of Justiciary, who sate till near two a Clock in the Morning, to discuss the Relevancy: upon Tu●sday in the Afternoon, the Lords declared the Defences Relevant, as to the Earl in respect of the Perjury( of which it seems he was also indicted) but they rejected all his Defences, Duplies, &c. as to High Treason, and Leasing-making.  
The Kings Advocate then proceeded to the proof of the Fact, it was proven that he gave in that Paper; by the Depositions of the Clerks of the Council, and the Laird of Landie, 'tis reported that two of the Lords of Justiciary dissented in the Relevancy.  
And now they proceed to swear the Inquest, being these select Persons, out of 48. that were in the panel.  

1. marquis of Montross.  
2. Earl of Linlithgow.  
3. Earl of Roxborough.  
3. Earl of Dumfrice.  
5. Earl of Airlie.  
6. Earl of Perth.  
7. Earl of Dalhusie.  
8. Earl of Middleton.  
9. Lord Sincleare.  
10. Lord Lindores.  
11. Lord Brant Istand.  
12. Laird Gossford.  
13. Laird Ballymain.  
14. Park Gourdon.  
15. Laird Claverhouse.   
The Lord Justice general, demanded of the Earl if he would prove his defence against the Perjury; or if he would Object any thing against the witnesses or the Jurors: He answered that he had by his Advocates said enough, as he humbly conceived against the Relevancy, but since that was found against him, he would give their Lordships no further trouble either with making objections against Evidence or Jury, nor seek to purge himself of the supposed Perjury being renderd culpable of crimes of a far higher nature. And it was observed that Sr. George Lockart with the rest of the Earls council would not speak a word either to the Court or Jury. After the Paper was adjudged Treasonable; Hereupon the Jury was enclosed, and after some hours retirement they returned, and brought in the Earl of Argyle guilty of the High Treasons laid to his charge.  
It is said that eight or nine Advocates who were of the Earls counsel,( amongst which were those two learned Persons Sir George Lockart, and Sir John Dalrimple) gave it under their Hands that the Paper given into the Council by the Earl of Argyle did not import any treasonable Matter, which Fact of theirs( 'tis said) is so ill resented, that the Lords of the Privy Council have appointed the Earl of Athol, the Lord President of the Sessions, the Lord Collington, and some others, to examine what the subscribed Paper may import of scandal against the Government.  
And thus have we conducted the Earl of Argyle through his trial to his Conviction; there now remains nothing but his Condemnation and Exception, unless His Majesty upon a mature Consideration of all circumstances shall please to grant him his gracious Pardon.   

7. Chap. Of the Reasons alleged by some eminent Ministers of the Kirk of Scotland, why they refuse to take the Test-oath.  
THe Earl of Angylo is not alone in his questioning the lawfulness of taking the Oath without limitations, and due clauses, for I find many eminent Persons amongst the confirming Clergy, who have met with the same or greater Difficulties, which that I may evidence I shall faithfully give the Reader a Copy of a certain Manuscript drawn up by them in the following words.  
Grounds upon which some of the Conformed Ministers scruple to take the Test.  

Grounds whereupon some of the Conformed Ministers scruple to take the Test.  
FIrst, passing by the Danger of Oaths, when pressed so generally, Men of the least tenderness ordinarily swallow them easily, and make small Conscience of observing them, whilst they that fear Oaths, are hardly induced to take them, and by their strict observance make themselves a Prey, we think it strange that this Oath should be enjoined to us, who cannot be suspected rationally to incline either to paroxysm or Popery, since by our Subscriptions to the Oath of Supremacy and caconical obedience, we have sufficiently purged ourselves of the first, and by our refuting Popish Errors daily in our Pulpits do show an utter abhorrence of the other, and further, since merely our owning of Episcopal Government, has begot and still increases in the minds of our People, such an Aversion from and dislike of us, we would have expected that our spiritural Fathers would not have exposed us to greater loathing and contempt by such Engagements; which although it should be granted to be causeless and unjust. Yet we think ourselves bound to shun it, that our Ministry may be the more taking with them, since the thing pressed upon us, is neither absolutely necessary, nor yet so evident in what is asserted for truth, as may encourage us for to under ly their Prejudice conceived thereupon, and finally, since it is known that objuring the Covenant did hinder many Ministers to comform, and People to join in Ordinances dispensed by Conformists, and our Parliaments had hitherto shewed such civil Moderation as to free us from the Declaration, we cannot look at it, but as bad and fatal that our Church should be dashed on this Rock, which may occasion its splitting, and instead of quenching this former Evil create new Flames.  
Secondly, as we wish for the suppressing of the Growth of Popery, a more particular way had been made use of, even for the discovering of such, as are of no public Trust, so we cannot but regret that this Test has been so framed, as to divide the sound sober Presbiterians amongst themselves, whereby our Common Enemies are gratified, and the true Faith endangered, we being persuaded that there are many Presbiterians in the Kingdom, Gentlemen, Ministe●s and others; who cannot in conscience take this Test, who yet do daily come and are ready to join with us in Ordinances. We think it had been fitter to have condescended something for gaining of such, then to have put such a brand upon them, which may more alienate them and weaken us.  
Thirdly, that Confession of Faith Recorded in the first Parliament of King James the 6th, has some things in it, which may scar the Swearing to it without Limitation, as 1st, Section the 15th. it Asserts those to be evil works, which are done not only contra, but preter verbum Dei, 2dly, Section the 25th. It Asserts such as resist the supreme Power, doing that which pertains to his charge, and whilst he vigilently Travels in his office, does resist the Ordinances of God, which Clauses may bear an enclusive sense, especially when in the 5th Section, it is reckoned among good works to suppress Tyranny, 3dly, Section the 15th, Jesus Christ is Asserted to be the only Head and Law-giver of his Kirk, and it is counted Blasphemy for Angels or Men to Intrude themselves into the said Honor and Office▪ 4th. Section the 23th. on the- Sacrament, Popish Baptism is denied as to its vallidity, and Popish Priests denied to be true Ministers, which expressions if narrowly scanned, will be found of dangerous Consequence, and contradictory to other Positions in the Test itself.  
Fourthly, we fear that our People may look on us rather as Countenancers and encouragers, then suppressers of Popery, seeing by the Act we are obliged to dilate yearly in October such as withdraw from our Ministry, that they may be punished by the Civil Magistrates, & yet by the same Act. The Kings lawful brother and sons in perpetuum are Exempt from taking the Test, and consequently left at Liberty to be Papists or Protestants, and what bad Influence the Example may have on Inferior People may easily be apprehended, and our taking the Test will be reputed an approving of that exemption, which will be more stumbling. That all former Acts against Papists were made without any Exemption, and them all declared to be disloyal, who embraced not the Reformed Religion, particularly in the 47 Act of the third Parliament of James the 6th, and the 8th. Act of the first Parliament of Charles the 2d.  
Fifthly, we are to swear that there lies no Obligation on us by virtue of the late Covenants, or any other Manner of way to endeavour the change of the Government, either in Church or State, as it is established by law, where we suppose we are sworn not only to maintain Monarchy, but also as our Law ties us in the present line, and in the nearest a kin to our present King, altho they should be Papists, altho we Judge the Coronation Oath in the 8th Act of the 1st. Parliament of James the 6th to be contradictory, which yet is a standing unrepealed law, since this currant Parliament hath ratified and confirmed all Acts made in favour of the Protestant Religion, whereof this is one, so that we swear contradictions.  
Sixthly, as for the Church Government, as it is now established by Law, there hath not been, nor are yet wanting sound Protestants, who Assert the Jus divinum of Episcopacy, such could not in conscience take this Oath, seeing the King by virtue of his Prerogative and Supremacy is empowered by Law to dispose of the External Government, and Policy of the Church, as he pleases, as for such as look upon Episcopal Government, as indifferent in itself. Notwithstanding the submission that we give to it, or have engaged for, they can as little swear on these terms, for why should they swear never to endeavour to alter that which in itself they look upon as alterable, there being no indifferent thing which in tract of time through the Corruption of Men, do not prove hurtful, and why might not men in their Station endeavour the Refreshing by fair means, any such evil, and advice his Majesty if he be willing to enert the power settled on him by the law, for freeing the Church from any Inconveniency, and altho we have engaged to obey Bishops, yet we ever did wish that they may be settled amongst us in a way more suitable to the primitive times, viz. That their number might be more increased, that they might be called by the Church alenarly to that office and that they might be made liable to the Censure of the Church for their Doctrine life and Diligence, that they might not be such pragmatical meddlers in Civil affairs, and that Synods and presbyteries might have more power then is Assigned them by the Act of Restitution, from the seeking a Remedy in any of which things, this Oath doth tie us up.  
Seventhly, the power given to the King by the present laws, if he should be popish should be very prejudicial to the Protestant Interest, for by the first Act of the 2d Parliament of Charles the 2d he may not only dispose of the external Policy of the Church, but may Emit such Acts concerning the Persons employed therein, in all Ecclesiastical Meetings and Matters to be treated upon therein, which he shall think fit, and this Act only published are to oblige all his Subjects, and by the Act for a National Synod, no Doctrinal Matter may be proposed, debated or concluded in that his express Allowance, in the aforesaid cause it is easily to divine, what Advantage the Enemies of our Religion will have for the overturning of all.  Hoc Ithacus velit & magno merientur Atride.   

The Conclusion.  
That nothing may be wanting to give a through light into this dark Affair, I thought it not amiss to recommend to the Reader,  
The Act Anent Religion, and the Test At Edinburgh the last day of August. 1681.  

ACT Anent RELIGION, and the TEST. At Edinburgh the last day of August, One thousand six hundred eighty and one.  
THE WHICHDAY, Our Soverign Lord with His Estates of Parliament, Considering That albeit, by many wholesome Laws made by his Royal Grandfather, and Father of glorious memory, and by himself, in this, and His other Parliaments since His happy Restauration, the Protestant Religion is carefully asserted established and secured, against Popery and paroxysm: Yet the restless Adversaries of our Religion, do not cease to propagate their errors, and to seduce His Majesties Subjects from their duty to G●d, and Loyalty to his Vice-gerent, and to overturn the established Religion, by introducing their Superstitions and delusions, into his Church and Kingdom. And knowing that nothing can more increase the numbers and confidence of Papists, and Shismatical dissenters from the Established Church, then the supine neglect of putting in execution the good Laws provided against them, together with their hopes to insinuate themselves into Offices and Places of Trust and public employment. THEREFORE, His Majesty, from his Princely and pious zeal, to maintain and preserve the Protestant Religion, contained in the Confession of Faith, recorded in the first Parliament of King James the sixth, which is founded on, and agreeable to the written Word of God; doth, with advice and consent of His Estates of Parliament, Require and Command, all His Officers, Judges, and magistrates, to put the Laws made against Popery, and Papists Priests, Jesuits, and all persons of any other Order in the Popish Church, especially against sayers and hearers of Mass; Venders and dispersers of forbidden Books; And Ressetters of Popish Priests, and excommunicat Papists: As also, against all fanatic Separatists from this National Church; Against Preachers at House, or Field Conventicles, and the Ressetters, and harbourers of Preachers, who are Intercommuned; Against disorderly Baptisms, and marriages, and irregular Ordinations, and all other Shismatical disorders, to full and vigorous execution, according to the Tenor of the Respective Acts of Parliament thereanent provided: And that His Majesties Princely care to have these Laws put in execution, against those Enemies of the Protestant Religion, may the more clearly appear: HE doth, with advice and consent foresaid, STATUT and ORDAIN, that the Ministers of each Paroch, give up in October yearly, to their respective Ordinaries, true and exact lists of all Papists, and Schismatical withdrawers from the public Worship, in their respective parochs; which lists are to be subscribed by them, and that the Bishops give in an double of the saids Lists subscribed by them, to the respective Sheriffs, Stewards, bailiffs of Royalty, and Regality, and magistrates of Burghs, To the effect the saids Judges may proceed against them according to Law: As also, the Sheriffs, and other magistrates foresaid, are hereby ordained to give an account to His Majesties Privy Council in December yearly, of their proceedings against those Papists, and fanatical Separatists, as they will be answerable at their highest peril. And that the diligences done by the Sheriffs, bailiffs of Regalities, and other magistrates forsaids, may be the better inquired into by the Council, the Bishops of the respective dioceses, are to sand exact doubles of the Lists of the Papists, and fanatics, to the Clerks of Privy Council, whereby the diligences of the Sheriffs, and other Judges forsaids, may be controlled and examined. And to cut oft all hopes, from Papists and fanatics of their being employed in Offices and Places of public Trust, IT IS HERE BY STATUT and ORDAINED, that the following Oath shall be taken by all persons in Offices and places of public Trust, Civil, Ecclesiastical, and Military, especially by all Members of Parliament, and all Electors of Members of Parliament, all Privy counsellors, Lords of Session, Members of Exchequer, Lords of Justiciary, and other Members of these Courts; all Officers of the Crown, and State; all Arch-Bps & Bps, and all Preachers and Ministers of the Gospel whatsoever; all persons of this Kingdom, name or to be name Commissioners for the Borders; all Members of the Commission for Church Affairs; all Sheriffs, Stewards, bailiffs of Royalties and Regalities, Justices of the peace, Officers of the Mint, Commissars and their Deputs, their Clerks and Fiscals, all Advocates and Procurators before any of these Courts, all Writers to the Signet, all public Nottars, and other persons employed in Writing or Agenting: The lion King at Arms, heralds, pursuivants, and Messengers at Arms; all collectors, Sub-collectours and Fermourers of H●● Majestie's Customs and Excise; all magistrates, Deans of gilled, council rs, and Clerks of Burghs Royal and Regality; all Deacons of Trades, and Deacon Conveeners in the saids Burghs; all Masters and Doctors in Universities, colleges, or Schools; all Chaplains in Families, Pedagogues to Children; and all Officers and Souldiers in Armies, Forts, or Militia, and all other persons in public Trust or Office within this Kingdom, who shall publicly swear, and subscribe the said Oath as follows, viz. The Arch Bishops, Chief Commander of the Forces, and Officers of the Crown and State, and counsellors, before the Secret Council: All the Lords of Session, and all Members of the college of Justice, and others depending upon them, before the Session: The Lords of Justiciary, and tho●e depending upon that Court, in the Justice Court: The Lords, and other Members of Exchequer, before the Exchequer. All Bishops, before the Arch-Bishops: All the inferior Clergy, Commissars, Masters and Doctors of Universities, and Schools, Chaplains and Pedagogues, before the Bishops of the respective dioceses: Sheriffs, Stewarts, bailiffs of Royalty and Regality, and those depending on these Jurisdictions, before these respective Courts: And Provosts, bailiffs and others of the Burgh, before the Town Council: all Collectors and Fermourers of the King's Customs and Excise, before the Exchequer; The Commissioners of the Borders, before the Privy Council; All Justices of Peace,, before their Conveener; And the Officers of the Mint before the General of the Mint; And the Officers of the Forces, before the Commander in Chief; and Common Souldiers before their respective Officers; The lion before the Pivy Council; and heralds, pursuivants and Messengers at Arms, before the lion. And His Majesty, with consent foresaid, statutes and ORDAINS, that all those who presently possess or enjoy any of the foresaids Offices, public Trusts, or employments, shall take and subscribe the following Oath, in one of the foresaids Offices, in manner before prescribed, betwixt and the first of January next, which is to be recorded in the Registers of the respective Courts, and Extracts thereof under the Clerks hands, to be reported to His Majesties Privy Council, betwixt and the first of March next, One thousand six hundred e●ghty two, and thereafter in any other Courts, whereof they are Judges or Members, the first time they shall sit, or exerce in any of these respective Courts: And ordains, that all who shall hereafter be promoted to, or employed in any of the foresaids Offices, Trusts, or employments sl● 〈…〉 entry into, and before the●r exercing thereof, take and subs●●● 〈…〉 Oath in manner foresaid, to be Recorded in the Registers of the respective Courts, and reported to His Majesties Privy Council, within the space of forty days after their taking the same: And if any shall presume to exercise any of the saids Offices, or employments, or any public Office, or Trust, within this Kingdom,( the King's lawful Brothers and Sons only excepted) until they take the Oath foresaid, and subscribe it, to be recorded in the Registers of the respective Courts, They shall be declared incapable of all public Trust thereafter, and be further punished with the loss of their movables, and Liferent-Escheat, the one half whereof to be given to the Informer, and the other half to belong to his Majesty, And His Majesty, with Advice foresaid, recommends to His Privy Council to see this Act put to due and vigorous Execution.    
FINIS.