Among the unprinted acts of this same assembly, session seventeenth, we find a recommendation to his majesty's solicitor, to prosecute such ministers who, after the censures of the church, continue in their irregularities, which, from the sequel, appears to have been passed with a view to the further harassing this already long and bitterly persecuted individual. In the mean time, his brethren of the presbytery of Dumfries seem not to have been wanting in their efforts to bring him into contempt with the people, for upon the twenty-fifth of June, this year, keeping a fast at Kirkgunzean, after the congregation had assembled," and he going forth of his house to the public worship of God," three members of presbytery, Messrs. William Veitch, R. Paton, and James Guthrie, accompanied by a number of followers, suddenly interrupted him, and, after some conversation, hastened precipitantly to the place where the congregation was assembled, and, to prevent him from preaching, Mr. Veitch, who, himself having suffered a long course of severe persecution, might have learned a little more moderation, rushed into the tent, gave forth a psalm, and began to discourse to the people. Mr. Hepburn quietly withdrew to another place, and forbidding his friends in any way to molest his brethren, began the public worship of God, and was immediately followed by the whole multitude. The three brethren, left to themselves, soon followed, and Mr. Veitch, as the mouth of the three, in the name of the church of Scotland, discharged Mr. Hepburn to preach. Mr. Hepburn replied, he did, and would preach, in the name of his Lord and Master, Jesus Christ, from whom he had received his commission; and the people greatly offended, rising up in some disorder, though they did violence to no one, the brethren of the presbytery departed in great anger.'

Mr. Hepburn, it is probable, finished the services of the day at his leisure, but, in the course of a month, was summoned before the privy council, to answer to a libel, at the instance of his majesty's advocate, and this through the instigation of some ministers, as he learned from several members of the council afterwards. In consequence of this, Mr. Hepburn

• Humble Pleadings, pp. 191, 192.

repaired immediately to Edinburgh, and, after conferring with several statesmen, prepared the following answers to the libel, the nature of which the reader must be content to gather from these answers, as the compiler of this has not been fortunate enough to fall in with a copy.

"Whereas he [Mr. John Hepburn] is accused of exercising his ministry, and intruding himself into churches, particularly of Urr and Kirkgunzean, within the stewartry of Kircudbright, and of Durrisdeer, in the sheriffdom of Nithsdale, and that without taking the oaths of allegiance, and subscribing the assurance. He answers, 1mo, That he humbly conceiveth his loyalty to k. William (whose right he nothing doubts, more than his possession,) is so generally known, and hath been so many ways manifested, as that he hopes it is not doubted by any to whom himself is known, unless they either De greatly prejudged, or sadly misinformed, he being at all times, and in all dutiful ways, most willing to declare and evidence the same. 2do, As to the exercise of his ministry at Urr and Kirkgunzean, he entered unto the exercise of his ministry in these parishes by the people's call, before the act of parliament establishing presbytery; and as this fixeth a relation betwixt a minister and people, so as he with a good conscience may exercise his ministry among them, so likewise, by the foresaid act of parliament, a presbyterian minister's entering by the call of the people is authorized as a sufficient legal right, for the exercise of the ministry, and enjoyment of the benefice and stipend; and accordingly, the defender's call was sustained by the lords of the session, as a legal title to the parish of Urr; so that his preaching in Urr or Kirkgunzean cannot be called an intrusion, he having both divine and legal right so to do, the people of both parishes concurring in his call at first, and no other minister being established in any of the foresaid parishes as yet. 3tio, As to the defender's preaching in Durrisdeer, it is answered, the said parish is also vacant, and it is but now and then, and for the most part occasionally in his going to and returning from Edinburgh, and that upon the most earnest call and invitation of the people, who are in a destitute condition for want of preaching, being but rarely supplied by the presbytery of the bounds;

and it is hard for a minister (called of God to preach the gospel) to refuse to hearken to the call of a necessitous people. 4. Whereas, the defender is charged for not swearing the oath of allegiance, and not subscribing the assurance; it is answered, he doth most ingenuously declare, it is not from any disrespect to his majesty and his authority, but because of some relative circumstances wherewith the same is clothed, and chiefly that the said oaths taking and subscribing is made such a necessary qualification of a minister, that he who hath not freedom to take them is declared (in the act of parliament for settling the quiet of the church) to be no minister of this church, which, as he conceives, tendeth to bring the kingdom of Christ Jesus under a most sad bondage, in granting to the civil magistrate a power to inflict ecclesiastical censures, and to enjoin qualifications of the ministry, which the Lord Jesus (the church's alone head and lawgiver) doth not require. For this, and many other weighty reasons, (which if their lordships require he is ready to adduce) the said defender cannot take the foresaid oaths.

"As to what is libelled, that the defender stands suspended by a sentence of the church-it is answered, he is really sorry that matters should be at such a pass betwixt the ministry of this church and him, and is not willing before this court to adduce his exceptions against the said sentence, nor his grounds why he cannot submit to it. Only their lordships would be informed that the sentence merely was in absence, and that it could not be reputed contumacy, in as far as he had attended the commission of the kirk once and again; as also, two other diets when the assembly should have met, and knew not but he might have met with the like disappointment at the time the assembly did sit; withal, had the assembly continued sitting as long as former assemblies had usually done, he came to Edinburgh in such time as he could have attended them; but they were up, which he did not expect.

"As to what is libelled anent his not keeping fasts and thanksgiving days, and his inveighing against them; and his presuming to keep fasts and thanksgiving days of his own devising-it is answered as to the first, there are no particulars

mentioned; neither doth he know that any to whom the noticing the nonobservants of these days is recommended, have brought any accusation against him on that head. And seeing he hath completely vindicated himself from all imputation of disloyalty, it is hoped their lordships will not sustain the libel in that part.

"As to his appointing days of his own devising-it is answered, he doth it no where but in Urr and Kirkgunzean, where he ordinarily preacheth; which is what Christ's faithful servants always have done, and at this day by some of the present ministry, upon very good grounds is practised, having the call of God's Word, and the dispensations of the day for their warrant.

"As to the unlawful convocation of the king's lieges, scandalous tumults, and riots libelled-he utterly denies the same, except people's peaceable meeting to hear the Lord's Word be so interpreted, which he is confident their lordships will not do. As for the particular instance of that disturbance Mr. Reid met with at the church of Urr, the defender is most wrongously charged therewith, being at that time some scores of miles distant from the place; as also, it will be found, on search, that the matter of fact is misrepresented, and that the persons mentioned in the libel are much injured by those who informed the government against them, they being all peaceable men, and well affected to his majesty.

"Lastly, As to the charge of casting off the fear of God and regard to the laws of the land-it is answered, it is truly to be regretted that God is not feared at this day by the generality of all ranks, and as for the defender, he acknowledgeth, he is indeed before the Lord chargeable that he feareth him so little, yet can declare that he desireth and endeavoureth through grace, in the whole of his conversation and ministry, to demean himself so as to show forth the Lord's fear and due regard to authority; and is bold to say, there are few in his station who have endeavoured to pay more respect to the king and government, consistent with that obedience he owes to the King of kings, and that neither for temporal reward nor fear of punishment, but purely for conscience' sake, than the defender.

In consideration of the premises, he humbly craves of their lordships that he may be discharged from this libel."*

Having requested to see the above answers of Mr. Hepburn before they were presented to the council, the lord advocate kept possession of them till Mr. Hepburn himself was sisted before it. Here the advocate questioned him if he would have his answers read, assuring him that there was treason in them!t To this Mr. Hepburn replied, they might do as they thought fit; and being again asked if he had taken the oaths, he answered no; because he did not regard them as bestowing any ministerial qualification. On this he was immediately ordered out, and the lords of his majesty's privy council agreed in sentencing him "to be confined to the town of Brechin, and two miles round the same, ordaining him instantly to find caution that he should repair straight to the place of his confinement betwixt and Tuesday the fourth of August next, and should keep within the same, and not go without the bounds thereof, under the penalty of three thousand merks Scots, in case he should transgress in any part of the premises. And in case he should not instantly find sufficient caution in

* Humble Pleadings, &c. pp. 192, 197.

†That the revolution church, as she had assumed into her communion many of those who had acted under the late prelacy, had also imbibed no small portion of the prelatic spirit; and that somewhat of the deadly venom of the Middletons, the Lauderdales, and the Perths, still breathed through the organs of the executive government, would be proved by the above to a demonstration, although there was nothing else of a documentary kind re-` maining. Nor is this at all to be wondered at, when we reflect that there were still among those who had the ear of the king, men who had been the open advisers of James in those stretches of prerogative which led to his abdication, and that the bloody and unprincipled Tarbat held at this very time the office of clerk register. From the advocate, however, Sir James Stuart, one of the authors of Naphtali, something superior to the refined barbarity and disingenuous shuffling of Sir George Mackenzie might have been reasonably expected; but, unfortunately for his reputation, he copied, in this instance, exactly after that unprincipled predecessor. Of the imposition with regard to these oaths, practised upon the unsuspecting part of the ministry at this time, the truculency of ecclesiastical managers, and the illegal violence of this same lord advocate, the reader will find some striking examples in Memoirs of the Public Life of Mr. James Hogg, written by himself, and published by the late Professor Bruce of Whitburn, a work but little known, but of inestimable value to all who take an interest in the history of that period