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r Aug. 10, 1692, for which he was apprehended by some of the old persecuting soldiers, at Earlstoun, upon the 10th of Sep. following, and by them carried to Edinburgh, and there and elsewhere kept prisoner till the 5th of May 1693. When he was brought before the council, Sep. 15th 1692, there were present the viscount of Tarbet, president Lothian, Ker, general Livingston, lord Linlithgow, lord Bradalbain, and Sir William Lockhart solicitor. He was by them examined concerning that declaration, but he declined them, and all upon whom they depended, as competent judges, because they were not qualified according to the word of God and our solemn covenants: And being interrogate, If he would take the oath of allegiance? he answered, No, it being an unlimited oath, not bottomed upon our covenants. If he would own the authority of K. William and Q. Mary? He answered, I wish them well. But being asked again, If he would own them and their government, live peaceably, and not rise against them? He answered, When they were admitted according to the laws of the crown, the acts of parliament 1648 and 1649, bottomed upon our sacred covenants and sound qualifications, according to these, pursuing the ends of these covenants, &c. then I shall give my answer.----Whereupon some of them turned hot, and Lothian said, They were pursuing the ends of the covenant. To whom he replied, How can that be, when joining with, and exalting the greatest of its enemies, whom by covenant we are bound to extirpate. Another answered, He had taken the coronation oath.--At which Mr. Hamilton asked, What religion was established when that oath was taken? They said, Prelacy was abolished. But he returned, Presbytery was not established, so that he is not bound to us in religion, save to prelacy in Scotland. But being urged to the last question, he adhered to his former answers; at which some of them raged, and said, He would give no security for obedience and peaceable living? To which he made answer saying, I marvel why such questions are asked at me, who have lived so retiredly hitherto, neither found plotting with York, France, or Monmouth, or any such, as the rumour was; nor acting any thing contrary to the laws of the nation enacted in the time of the purity of presbytery. Lothian said, We are ashamed of you. He replied, Better you be ashamed of me, than I be ashamed of the laws of the church and nation, whereof you seem to be ashamed. Lothian said, You de
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