'APPENDIX. ' 39 



which, by prefentinsr a deUberate and a powerful oppofitioh to Account of 



1 • n ? • 1- • 1 • -1 ,M • 1 t ^. Lord Prefide 11 



that attack againll their religious and civil liberties, bad fair Dunda'. 

 to prevail with the Sovereign to abandon thofe unconflitutional 

 attempts, and thus might have been the means of preferving 

 the peace of the kingdom. In this idea, Sir James Dundas, 

 with many other fincere and virtuous patriots, figned the Co- 

 venant ; though they faw afterwards, with regret, that the 

 fame aflbciation, which, with the well difpofed, might have 

 been an inftrument of peace, was converted into an engine of 

 tumult and feditipn. 



On the extindion of the monarchical government, the fu- 

 preme court of judicature in Scotland, the Court of Seffion, 

 was converted by Oliver Cromwell into a CommiJJlon for the 

 admimjiration of ji/Jiice, and partly fupplied by Englifli Judges. 

 Upon the Reftoration, that Court refumed its ancient form ; 

 and among the new Judges appointed by the Sovereign, was Sir 

 James Dundas of Arnifton, whofe high characfter, in point of 

 probity and natural abilities, was fuch as to balance the want 

 of an education to the law as a profeffion. He was appointed 

 a Judge of the Court of Seffion in 1662. 



In the end of the fame year, Charles II. apprehenlive of 

 that fpirit of difafFedlion to the government, which very generally 

 prevailed in this country, found it necelTary, with the advice of 

 Parliament, to require all perfons holding offices in Scotland, 

 to fubfcribe a Declaration, importing that they held it unlawful 

 to enter into Leagues and Covenants on pretence of reformation, 

 or to take up arms againfl: the king ; and, in particular, . ab- 

 juring thofe bonds entitled the National and the Solemn League 

 and Covenant as illegal and feditious affijciations. 



This meafure was complied with by fome from principle, 

 and by others from policy. The Chancellor of Scotland being 

 diredted to require the Judges of the Court of Seffion to fubfcribe 

 the Declaration, under the penalty of lofing their offices, moft 

 of thefe, — it is to be prefumed, from Confcience, — manifefted 



an 



