profession, though in all respects he was a zealous puritan, was made the king's advocate, upon his undertaking to bring all the church lands back to the crown: yet he proceeded in that matter so slowly, that it was believed he acted in concert with the party that opposed it. Enough was already done to alarm all that were possessed of the church lands: and they, to engage the whole country in their quarrel, took care to infuse it into all people, but chiefly into the preachers, that all was done to make way for popery. The winter after the king was in Scotland, Balmerinoch was thinking how to make the petition more acceptable: and in order to that he shewed it to one Dunmoor, a lawyer in whom he trusted, and desired his opinion of it, and suffered him to carry it home with him, but charged him to shew it to no person, and to take no copy of it. He shewed it under a promise of secrecy to one Hay of Naughton, and told him from whom he had it. Hay looking on the paper, and seeing it a matter of some consequence, carried it to Spotswood, archbishop of St. Andrews; who apprehending it was going about for hands, was alarmed at it, and went immediately to London, beginning his journey, as he often did, on a Sunday, which was a very odious thing in that country 3. There are laws in Scotland loosely worded, that make it capital to spread lies of the king or his government, or to alienate his subjects from him. It was also made capital to know of any that do it, and not discover them: but this last was never once put in execution. The petition was thought within this act: so an order was sent down for committing lord Balmerinoch. The reason of it + Poor malice. S.

being for some time kept secret, it was thought done because of his vote in parliament. But after some consultation, a special commission was sent down for the trial. In Scotland there is a court for the trial of peers, distinct from the jury, who are to be fifteen, and the majority determine the verdict: the fact being only referred to the jury or assize, as they call it, the law is judged by the court: and if the majority of the jury are peers, the rest may be gentlemen. At this time a private gentleman of the name of Steward was become so considerable, that he was raised by several degrees to be made earl of Traquair and lord treasurer, and was in great favour; 24 but suffered afterwards such a reverse of fortune, that I saw him so low that he wanted bread, and was forced to beg; and it was believed died of hunger". He was a man of great parts, but of too much craft: he was thought the capablest man for business, and the best speaker in that kingdom. So he was charged with the care of the lord Balmerinoch's trial: but when the ground of the prosecution was known, Hague, who drew the petition, writ a letter to the lord Balmerinoch, in which he owned that he drew the petition without any direction or assistance from him: and upon that he went over to Holland. The court was created by a special commission: in the naming of judges there appeared too visibly a design to have that lord's life, for they were either very weak or very poor. Much pains was taken to have a jury; in which so great partiality appeared, that when the lord Balmerinoch was upon his challenges, and excepted to the earl of Dunfrise for his having said, that if he were of his

" A strange death: perhaps it was of want of meat, S.

jury, though he were as innocent as St. Paul, he would find him guilty, some of the judges said, that was only a rash word: yet the king's advocate allowed the challenge if proved, which was done. The next called on was the earl of Lauderdale, father to the duke of that title: with him the lord Balmerinoch had been long in enmity: yet instead of challenging him, he said he was omni exceptione major. It was long considered upon what the prisoner should be tried: for his hand interlining the paper, which did plainly soften it, was not thought evidence that he drew it, or that he was accessary to it: and they had no other proof against him: nor could they from that infer that he was the divulger, since it did appear it was only shewed by him to a lawyer for counsel. So it was settled on to insist on this, that the paper tended to alienate the subjects from their duty to the king, and that he, knowing who was the author of it, did not discover him; which by law was capital. The court judged the paper to be seditious, and to be a lie of the king and his government: the other point was clear, that he knowing the author did not discover him. He pleaded for himself, that the statute for discovery had never been put in execution; that it could never be meant but of matters that were notoriously seditious; that till the court judged so, he did not take this paper to be of that nature, but considered it as a paper full of duty, designed to set himself and some others right in the king's opinion; that upon the first sight of it, though he approved of the main, yet he disliked some expressions in it; that he communicated the matter to the earl of Rothes, who told the king of the design; and that, upon the king's saying he

25 would receive no such petition, it was quite laid aside this was attested by the earl of Rothes. A long debate had been much insisted on, whether the earl of Traquair or the king's ministers might be of the jury or not: but the court gave it in their favour. When the jury was shut up, Gordon of Bucky, who was one of them, being then very ancient, who forty-three years before had assisted in the murder of the earl of Murray, and was thought upon this occasion a sure man, spoke first of all, excusing his presumption in being the first that broke the silence. He desired, they would all consider what they were about: it was a matter of blood, and they would feel the weight of that as long as they lived he had in his youth been drawn in to shed blood, for which he had the king's pardon, but it cost him more to obtain God's pardon: it had given him many sorrowful hours both day and night: and as he spoke this, the tears ran over his face. This struck a damp on them all. But the earl of Traquair took up the argument; and said, they had it not before them, whether the law was a hard law or not, nor had they the nature of the paper before them, which was judged by the court to be leasingmaking; they were only to consider, whether the prisoner had discovered the contriver of the paper or not. Upon this the earl of Lauderdale took up the argument against him, and urged, that severe laws never executed were looked on as made only to terrify people; that though after the court's having judged the paper to be seditious, it would be capital to conceal the author, yet before such judgment the thing could not be thought so evident that he was bound to reveal it. Upon these heads those lords

condemned.

doned.

argued the matter many hours: but when it went He was to the vote, seven acquitted, but eight cast him: so sentence was given. Upon this many meetings were held and it was resolved either to force the prison to set him at liberty, or, if that failed, to revenge his death both on the court and on the eight jurors; some undertaking to kill them, and others to burn their houses. When the earl of Traquair understood this, he went to court, and told the king that the lord Balmerinoch's life was in his hands, but the execution was in no sort adviseable: so he procured But parhis pardon, for which the party was often reproached with his ingratitude: but he thought he had been much wronged in the prosecution, and so little regarded in the pardon, that he never looked on himself as under any obligation on that account. My father knew the whole steps of this matter, having been the earl of Lauderdale's most particular friend: he often told me, that the ruin of the king's affairs in Scotland was in a great measure owing to that prosecution; and he carefully preserved the petition itself, and the papers relating to the trial; of which 26 I never saw any copy besides those which I have. And that raised in me a desire of seeing the whole record, which was copied for me, and is now in my hands. It is a little volume, and contains, according to the Scotch method, the whole abstract of all the pleadings, and all the evidence that was given; and is indeed a very noble piece, full of curious matter ". When the design of recovering the tithes went a liturgy on, though but slowly, another design made a greater progress. The bishops of Scotland fell on the framing of a liturgy and a body of canons for the worship

prepared.