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the lower House, or rather by Atterbury.* The the queen did not confirm the step that we had bishops went through all the matters, recom- made. This was not unacceptable to some of mended to them by the queen; and drew up a us, and, to myself in particular; I was gone scherne of regulations on them all : but neither into my diocess, when that ceasure was passed; were these agreed to, by the lower House; for and I have ever thought, that the true interest their spirits were so exasperated, that nothing of the Cbristian religion was best consulted, sent by the bishops could be agreeable to them. when nice disputing about mysteries was laid At last the session of parliament and convoca aside and forgotten." tion came to an end."
“ The censure that was passed on Whiston's book, bad been laid before the queen in due In the year 1707, the House of Commons form for her approbation : but at the opening had ordered to be burned by the bangman, of the session in December 1712, the bishops An Argument proving that according to the finding that no return was come from the throne covenant of eternal life revealed in the Scrip, in that matter, sent two of their number, to re tures, man may be translated from bence ceive her majesty's pleasure in it; the arch- into that eternal life, without passing through bishop being so ill of the gout, that he came not death, although the buman nature of Christ among us all that winter. The queen bad put himself could not be thus translated, till he had the censure, that we had sent her, into the passed through death.' Dr. Somerville says, bands of some of her ministers, but could not c As this proposition could not be productive remember to whom she gave it; so a new ex | of bad influence upon practice, so it was de tract of it was sent to her; and she said, she fended with great ingenuity, and every mark would send her pleasure upon it very speedily: of sincerity by the author :"and be observes, but none came during the session, so all further that by the expulsion, “ the Commons seem proceedings against him were stopped, since rather to have displayed an officious zeal for
Mr. Asgill had on the 10th of November by • Of Tracts concerning the functions and letter represented to the Speaker, that he was rights of the convocation, the titles of thirty detained a prisoner in the Fleet upon two exe. nine are enumerated in the Biographia, article cutions, and Dr. Somerville adopts the suppo. Atterbury. I have seen a book containing sition that, “ It was probably with the view of much historical learning upon those subjects, getting rid of this petition, and the disclaiming which was published in the year 1702, under connexion with a person, whose embarrassthe title of " Synodus Anglicana, or the Consti- ments had brought bim under reproach, more tution and Proceedings of an English Convoca- than from any motive of religious zeal; that tion shown from the acts and registers thereof, the House inflicted such a severe sentence." to be agreeable to the principles of an Episco- It may however be observed, that the Commons pal Church.”
bad, by delivering Mr. Asgill out of custody, Somerville, in his History of queen Anne, formally recognised bis connexion with them, refers to a Complete History of the Convoca- and given him the full benefit of it before they tion,' • Godolphin's History of Ecclesiastical questioned him concerning the publication. Synods,' and · King William's Affection to the Mr. Barrington (Observations on 2 Hen. 5,) Church of England:' and Mr. Frend in his after noticing the persecation of the poor Account of the Proceedings in the University of barınless Lollards in that king's reigy, says, Cambridge against him quotes from an · His. Titus thought very differently, with regard torical Essay upon the goveroment of the to these kinds of prosecutions ; sus as ourens Church of England by George Reynolds, arch- ασεβειας σ' αυτη ποτι εδεξατο, τ' αλλους επιτρεψει. deacon of Lincoln.'
| Dio Cassius, I. lxvi.”
447. Proceedings against Mr. James Dundas, for Leasing-making
and Sedition: March 3rd, 10 ANNE, A. D. 1712*. [Maclaurin's Arguments and Decisions in Remarkable Cases before the High Court of Justiciary and other Supreme Courts in
Scotland.] Her MAJESTY'S ADVOCATE against Mr. JAMES 1. "That where, by the law of God, and the DUNDAS, Advocate.---Leasing-making.
laws of this and all other well-governed realms, Sedition.--Asserting the Pretender's right,
every soul ought to be subject onto the bigber
* Boyer, who had before mentioned (p. 456) THREE Libels were executed successively that in 1710 tbe friends of the Pretender had against the pannel, all of them of the following distributed in the Netherlands such a medal tenor:
as that which gave rise to this prosecution, thus
powers, as ordained of God, and none ought to ought to honour the king : likeas by the laws revile or curse the ruler of the people, but all and acts of parliament it is statute ; and first by ought to submit themselves dutifully to the or- | the act of parliament king James 1, par). 2, dinances of man, for the Lord's sake, whether cap. 49, That leasing-makers, and tellers of it be to the king, as supreme, or to governors, | them, to the engendering of discord between as unto them that are sent by him; and all the king and his people, tyne (forfeit] life and
relates (pp. 511, et seg :) the circumstances the commonwealth of England, bad been remore immediately connected with the case. ceived, and why not this?" Upon this Mr.
“A spirit of Jacobitism discovered itself in Duncan Forbes, brother to Colloden, and Mr. Scotland; which was owing to several con Joseph Hume of Nineholes, said, it was time carring causes. It was a general observation, enough tben to receive the medal, when the that the Union of the two kingdoms having Pretender was banged; to wbom adhered Mr. been mainly obtained by bribery and corrup. | Hugh Dalrymple, son to the president ; Mr. tion within doors, by force and violence with- | James Ferguson, son to sir John Ferguson of out; and, on the other hand, the desirable end Kirkennel, and sir Jaines Stuart of Goodtrees, of it, an union of affections and advantages, | her majesty's solicitor. After that, Mr. Dunnot being cordially prosecuted, the ill humours dass, of Armiston, rose up, and made the foland discontents, that occasioned a strong op- lowing speech : position to tbat transaction in 1706, were rather “ Dean of Faculty, whatever these gentlemen increased than abated, when the queen thought may say of their loyalty, I think they affront fit to change her ministry; which was neces. | the queen, whom they pretend to honour, in sarily attended with alterations in Scotland. | disgracing her brother, who is not only a Moreover, some of the nobility there, who had ) prince of the blood, but the first thereof; and formerly most warmly opposed, buth the if blood can give any right, be is our unsettling of the succession in the Protestant doubted sovereign. I think, too, they call her line, and the Union ; but who had private majesty's title in question, which is not our piques against the late English ministers, being business to determine. Medals are the donow chosen into the British parliament, it is cuments of history, to which all bistorians not improbable, that the discontented Scots, refer; and therefore, though I should give particularly the friends of the Pretender, might king William's stamp, with the devil at his fondly believe this to be a proper opportunity, right ear, I see not how it could be refused, both to shew their own inclinations, and to seeing an hundred years hence, it would prove, try bow far they might expect to be counte that such a coin had been in England." But, nanced : to which they might be further en- dean of faculty, what needs further speeches ? couraged by the late numerous English ad- | None oppose the receiving the medal, and redresses, asserting and maintaining the sole turning thanks to her grace, but a few pitiful hereditary right. Upon this presumption, the scoundrel vermin and mushrooms, not wortby duchess of Gordon, a Roman Catholic, having, our notice. Let us therefore proceed to paine about the latter end of June, sent to Mr. Ro- some of our number, to return our hearty bert Bennet, dean of the Faculty of Advocates thanks to the duchess of Gordon." Hereupon of Edinburgh, a silver medal, with a head on the dean of the faculty put it to the vote, and the right side, and this legend, Cujus est ?' And it was carried by a majority of 63 voices. on the reverse, the British islands, with this against 12, (there being 75 members present) motto, Reddite,' as a present to the faculty, the that thanks should be returned to her grace, said medal was first left in the hands of one by Mr. Dundass, and Mr. Horn of Westhall. of their servants; the dean being shy either to Three days after, these two waited on the accept it, or place it in the repository of rari. duchess, and Mr. Dundass returned ber the ties, before he had consulted some of the most hearty thanks of the faculty for all her members of the faculty. In order to that, favours, particularly in presenting them with a there being either an occasional, or set meet medal of their sovereign lord the king ; hoping. ing, on the 30th of June, Mr. Bennet pre and being confident, that her grace should, sented to them the medal before-mentioned, very soon, have an opportunity to compliment lelling the faculty, “ der grace the duchess the faculty with a second medal, struck upon of Gordon sent, as a present to them, the the restoration of the king apd royal family, medal of king James the eighth, whom they, | and the finishing rebellion, usurping tyranny and the English, called the Pretender: and he and wbiggery. It was, on this occasion, justiy hoped thanks were to be returned to her grace." | observed, that this medal was not new ; for the Mr. Alexander Stevenson answered, that the | public had an account of its being dispersed in medal should be returned to her grace, for the the Netherlands about a year before : and it receiving it was throwing dirt on the face of the was then the general opinion, that it was struck government. He was seconded by Mr. Robert upon the fond hopes given by the Jacobites in Alexander, of Black-house, who said, that the England, to their correspondents in France, receiving of such a medal, was owning a right that the British nation was ready to declare Contrary to her majesty's. Mr. Robert Frazer for the Pretender: to wbich the distractions Auswered, “ That Oliver Cromwell's medal, occasioned by Dr. Sacheverell's Sermon and who deserved to be hanged, and the arms of Trial, and the asserting the doctrines of divine
goods to the king ; which, by the act of parlia- | unreasonable communing, to the occasioning of ment, Ja. 5, parl. 6, cap. 83, is extended to such conspiracy against the prince, or of sedition, as make evil information of the king to his lieges, are to be punished at the queen's pleasure: and as well as to those that make leasings to the by the act of parliament, Ja. 6, parl. 8, cap. king of bis lieges: likeas by the act of parlia- | 134, all such as privately or publicly, in serment, queen Mary, parl. 6, cap. 60, speaks of mons, declarations, or otherwise, ulter slanuer
bereditary right, and of absolute passive obe- to favour a second invasion : the rather, bedience, diametrically opposite both to the late cause Mr. Dundass, in his compliment to the Revolution, and the Protestant Succession, duchess of Gordon, did not scruple to insinuate gave some air of probability. Nor was this a speedy restoration of the king and the royal medal scarce, but rather common; and as for family. its intrinsic value, it did not exceed half a “Îbe report of this medal's being presenteel, crown: so that it could not be worth either and received with the circumstances above. the duchess's while to present it, or the fa- mentioned, having made great noise in Edinculty's to receive it, on the account of its burgh ; sir David Dalrymple, the queen's lorid being new, scarce, or valuable in itself. And advocate, thought it his duty to give an acif the advocates designed it only as a curiosity, count of it to the duke of Queensberry, oue of they might have easily procured it, and placed the principal secretaries of state, who hap it among their collection, without formality and pening to die at this very juncture, that infornoise. But the duchess's presenting it, and mation was laid before the queen, by one of the some of the advocates receiving it with solem other secretaries : wbereupon, orders were nity, and endeavouring to make it the act of sent to the lord advocate, to enquire into that the faculty, by returning thanks to her grace in matter. Tbe faculty of advocates being senthe name of the whole society, with so much sible of the error committed by some of their ostentation, was certainly a public and trea, members, endeavoured to palliate it by a desonable affront to ber majesty, a tacit arraign claration, importing, “ That being met extrament of her title, and a striking at the settle ordinarily, it appeared to them, that a medal ment in the House of Hanover. Nor is it to was sent to one of their servants; who being be doubted, that the design of the Jacobites called, acknowledged his having the same, and was to give reputation to their cause, by en- | justified that it never was put into the faculty's gaging so many gentlemen of the long robe collection of medals, nor had ever been out of to espouse it; as the readiest way to bring the his custody. That the said dean and faculty common people into their measures: for as did, at the same time,' unanimously declare, these are generally led by example, they would that they rejected the offer of the said medal, be apt to conclude, that there could be po and ordered the said servant to deliver up the danger in following the pattern set them by same into the hands of the lord advocate, which those, who, of all men, ought best to under was done in tbeir presence : and did upani. stand the laws and constitution of their coun: mously appoint a committee, to bring in an act try, The timing of this transaction was like- of faculty ; containing a narration of the fact wise judged very remarkable: for, it was soon as above, and a declaration of their duty and after the assembly of the kirk of Scotland loyal affection to ber majesty's person and gohad publicly declared themselves for the Pro- vernment, and the Protestant Succession as by testant Succession in the most illustrious House law established ; and their detestation of all of Hanover; and their sense being justly practices, that, directly or indirectly, might taken for that of the bulk of the Protestants contain the least insinuation to the contrary, or in Scotland, whom they represent in an ec- any encouragement to the Pretender." It clesiastical capacity, it seemed, the Jacobite was for some time matter of doubt, whether party there thought it necessary to balance the governinent would be satisfied with this ihem, by the sense of the ministers of law and act of the faculty ; for it was well known, that, justice in that country. Tbis happened also notwithstanding their public recantation, or deimmediately after her majesty bad declared, in nial, yet the fact had happened as was above her speech at the close of the last session of related ; and was, in privale, justified by some parliament, that it was needless for her to re- / of the members that had been most active in it: peat the assurances of ber earnest concern but as it is prudence, in many cases, for princes for the Succession of the House of Hanover : rather to overlook, than punish injuries ; 80 from whence it may be concluded, that the Ja- | the court thought fit to make no further incobites, being sensible of the hurt this de- quiry into that business : wisely considering, elaration had done their cause, they might that the advocates could not be so extravagant, think, the only way to retrieve it, was, by as to venture upon a piece of temerity so getting so many lawyers to declare for them. nearly bordering upon treason, had they not And, in the last place, this was done at a been sure of being supported by a strong party time when the armies were in the field, and of Jacobites, and other discontented persons, the Pretender reported to be gone from St. who wanted but an opportunity to rise. How. Germains, in order to embark in some port of ever, this lenity of the goveroment emboldened France on the ocean; which might raise a Mr. Dundass to write, and send to the press, well-grounded suspicion, that this was designed a vindication more traitorous, if possible, thau ous or untrue speeches, to the reproach of his / inscriptions; and the actors or accessories to majesty, his council and proceedings, or to the the said crimes, so committed, ought to be sedishonour and hurt of his highness, or who verely punished by the pains of law. Nevermeddle in the affairs of his highness, and his theless, it is of verity, that you the said Mr. estate, present, by-gone, and in time coming, James Dundas, advocate, is guilty, art and are to be punished as leasing-makers : and by part, of all and every, or one or other, of the the act of parliament, Ja. 6, parl. 10, cap. 10, foresaid crimes: in sua far as the said Mr. it is statute, That none depreciate his majesty's James Dundas, shaking off all fear of God, and laws and acts of parliament, nor misconstrue regard to us and our laws, did first upon the his proceedings, to the moving of any strife be- 30ih, or one or other of the days of June or twist his highness and bis subjects, under the July last bypast, in an extraordinary meeting pain of death: and all these acts ratified Ja. 6, of the faculty of advocates in Edinburgh, where parl. 14, cap. 205: and these acts also extend a medal of the Pretender (the very same, or ed against the authors and publishers of slan like to that which is now consigned in the derous speeches or writs of the estate, people, clerk's hands, that Mr. Dundas may see it) was or country of England, or any counsellor there brought, and presented, and noticed in its inof, to the hindering the then intended union, or | scriptions and mottos, wbich were the islands whereby, hatred may be fostered, or misliking of Great Britain and Ireland, encompassed with raised, between his majesty's subjects of this the sea and ships, on the one side, with the island; and all such are ordered and ordained motto · Reddite, and having on the reverse a to be severely punished in their persons and face, said to be the Pretender's; that is, the goods at his majesty's pleasure, Ja. 6, parl. 22, person pretended to be the prince of Wales durcap. 9: likeas by our act of parliament 1703, ing the life of the late king James, and since cap. 4, it is ordained, That for hereafter the bis decease pretending to be, and taking on crimes above mentioned sball be punished by him, the style and title of our dominions, with fioing, imprisonment, or banishment; or if the the motto • Cujus est;' and which medal was transgressors be poor, corporally : likeas by the said to be presented to the faculty by the dufirst acts of the parliament, 1702 and 1703, our chess of Gordon, to be put in the collection of royal power and authority, and our undoubted their medals : the said Mr. James Dundas did right and title, are fully asserted and recog. | then and there, not only contend and plead for nised. And further, by the common law, as the same, but though it was by some objected, well as by the foresaid laws and acts of parlia That the medal was injurious to and reflecting ment, injuries, slanders, reproaches and defa- | upon us, and our right and government; yet mations, to the engendering of discords be- he opposed and alleged, That being the medal tween the king and his people, or the occasion of the Pretender, who had the right of blood, ing of conspiracy against the prince, or of sedi- and which right he said was good, or words to tion, or to the dishonour or hurt of his high- this purpose, it ought to have been received, ness, or to the moving dislike between his ma and the opposition made to it by mushrooms or jesty and his subjects, may be done, perpetrate, scoundrels, or words to this purpose, ought not and committed, not only by words and writing, to be regarded ; and so it was in a manner acand prioting, but also by things themselves, as quiesced to by the meeting, that the medal scandalous, seditious, pernicious medals, pic- should be received, and thanks returned for it. tures, or the like, with their disloyal and wicked which practice of Mr. Dundas upon the matter,
their proceedings about the medal; but, before enemy to it, that bis particular acquaintance its publication, the printer carried the copy did not stick to affirm, that he would have of it to the lord provost of Edinburgh, who prosecuted the medalists with greater severity, communicated it to sir James Stuart, and he than any whatever, had he not had secret ina took care tbat the queen and council should structions from a great man at court, not to be informed of it; upon which, that paper stir in that affạir." It appears by the text that was entirely suppressed. Moreover, Monsieur this prosecution was conducted by sir James de Kreyenberg, resident from the elector of Stewart. Hanurer, having, by bis electoral bighness's express orders, presented a mercorial, and 1 Dr. Somerville very briefly speaks of this, made pressing instances for the prosecution of matter in a note, in which he mentions, that Mr. Dundass and his associates; the govern- | the omission of the ministry to enquire into ment pot only granted his request, but even the truth of the contradictory assertions, as to removed sir David Dalrymple from his office the conduct of the advocates, which were made of lord advocate, on pretence that he had been by themselves and their accusers; or to take somewhat remiss, in prosecuting the Scotch notice of several Jacobite publications in cirMedalists; and reinstated sir James Stuart in culation, while they prosecuted with the that post, on account of the zeal he had lately utmost severity, the authors who wrote in shewed, in advising the suppressing of Mr. defence of the late ministry, under a professed Dundass's vindication. Though this gave zeal for Whig principles, strengthened the sus. some satisfaction to the friends of the Protes- picion propagated against the ministers by tant Succession, yet, it is observable, that sir their enemies, that they were cherisbing deDavid Dalrymple was so far from being an signs friendly to the Pretender.
and according to the nature of the thing, was a , was one of them,) exhausting Britain of momost scandalous, seditious and pernicious re- | ney, carrying our countrymen. abroad to be proach upon us, our government, and right killed in time of war, and ordering them to be thereto, tending to the engendering discord be- starved in time of peace; and after the examtween us and our people, and to occasion con- ' ple, as he says, of that abominable monster spiracy or sedition against us. Likeas it also Nero, who, beside his inbumanity to his pawas a most criminal reflection upon, and mis rents, burnt with joy the city of Rome. And constructing of, the proceeding of us and our he further accuses the said king William of parliaments for settling the succession, con- prostituting the honour of the nation; and all trary to the very Oath of Abjuration that lie the along he treats his government as a foreigu said Mr. Dundas bad taken, and clearly tend yoke. But then he goes on to accuse and ing to move dislike between us and our subjects. slander us who now reigns, for continuing, conBut the said Mr. Dundas, not resting in this trary to law, as he alleges, king William's parbis wicked practice, hath, upon one or other of liament, though it was both warrantable, and the days of August last, further proceeded to approven by an express act of parliament ; the making or publishing of a most scandalous, I wbence he proceeds to condemn the union of pernicious and seditious pamphlet, under the the two kingdoms as a fatal blow to our laws, title of · The Faculty of Advocates Loyalty, in and the finishing subversion of our constita: . a Letter to us by one of the Dean of Facul. tion, in laying an embargo upon our trade, di
ty's Council. Whicb pampblet, and most vesting the Peers of their hereditary right, diinfamous libel, is a beap of lies, villanies and minishing the parliamentary representation of mischief; whereof his written copy, with the the Commons, and surrendering the wbole printed copy printed by bis order, and so pub. power and sovereignty of Scotland into the lished, is put in the clerk of court his hapds, hands of a more powerful people, our old enethat he may see it; and a double also of the mies of England; and not stopping in bis resame, held as here repeated, and given out to Necting upon and reproaching the Union, he him to answer: as, first, and in the first para- goes on to reflect upon the proceedings of w graph thereof, where, abusing a very tender and the British parliament, by abrogating part and sacred principle and position of govern- of our laws, though infinitely better, as lie says, ment, as to Non-Resistance, he stretches the than those of the English, and introducing the same most wickedly and maliciously to the English laws about treason, in place of ours, condemning of the late happy Revolution ; and wbich he also falsely makes a breach of an arthen proceeding, he villanously reflects upon ticle in the treaty. And then, taking notice of the very first happy times of our reformation the appeals that lie froin the lords of council from Popery, directly accusing both our noble and session to the British parliament, he round. regents and worthy reformers, and also the ly reproaches the wbole House of Peers, as mer English, then our friendly assistants, of rebel- who can scarce be presumed to know either lion and tyranny against the then queen Mary; law or equity; adding further another false in. adding, that after her decease we submitted to sinuation, as if our representatives were, conthe next in blood; but then he plainly asserts, trary to the treaty of Vuion, ranked after all against our right and title, and the succession the counties and boroughs of England. Nor to the crown, as now settled by act of parlia- doth the kingdom of Ireland escape his ubac. ment, that relation, kindred, and the rights of countable malice and reproach, when he calls blood, are so sacred, that no crime, nor no it a receptacle of English slaves, and a conpower on earth, could take them away: there- quered province, unjustly preferred to Scotland. after he goes on with his malicious strictures Ånd further wickedly adds, to the manifest en. upon the times of the late king Charles 1, and gendering of discord, and moring of dislike, upon things long siece happily buried by se- that all overtures for the good of Scotland were veral acts of indemnity, and that not without refused. After all which he most absurdly colmost rude reflections on the Euglish as cludes for the loyalty of the adrocates, though cowards: and where, in a word, he makes the they had received a medal of the Pretender, whole English nation either professed Jaco- from no better arguments than bis own peruibites, that is, enemies to us, or such villains, I cious and wicked reflections above remarked. as be calls them, as to profess only loyalty in By all which it is manifest, that the said Mr. shew, when they are at the bottoın abomivable James Dundas is guilty, art and part, of most hypocrites, false friends, and traitors. Then he seditious and pernicious practices; as also of a goes on to reflect again upon the late happy most wicked, villanous, seditious and pernicious Revolution, which he reckons no better than a pamphlet, and defamatory libel, contrary to the curse, and the late king William, of ever-glori- foresaid laws and acts of parliament. Which ous memory, no better than a Nebuchadnezzar; | being found by a verdict of an assize, before and that to him we were all made slaves; and / our lords justice general, justice clerk, and thence be takes a new flight against the late commissioners of justiciary, he ought to be, by king William's memory, whom he falsely ac- their sentence, severely punished with the pains cuses of alienating the bishop's reuts to pro. of law, to the example and terror of others to fane uses, of giving us ignorant and villainous do the like in time coming." judges, (though Mr. Dundas his own father, a person of probity and merit beyond exception, Sir James Stewart, her majesty's Adrocate,