308 



CAMPBELL. 



Campbell, special favour, ordered him to be sworn a privy- 

 Archibald, counsellor. 



~v - The Earl of Lauderdale, to whom he was partly 

 indebted for this change in his fortunes, received from 

 him considerable support in the administration of 

 public affairs. Argyie, however, would never coun- 

 tenance or assist him in any of his violent measures. 

 They were both Presbyterians ; but Lauderdale car- 

 ried the prerogative high, and vigorously maintained 

 the bishops in Scotland, because he found all this 

 conducive to the preservation of his influence at 

 court ; whereas, Argyie acted in strict conformity 

 to his principles, and was a Presbyterian both in 

 heart and in practice. Through the tyrannical pro- 

 cedure of Lauderdale, Archbishop Sharp, and others, 

 a spirit of rebellion was engendered among the peo- 

 ple, and in 1666 it burst forth in the west with con- 

 siderable fury. The Earl of Argyie retained the 

 loyalty by which he had been uniformly distinguished, 

 and raised 1500 men to be employed in quelling the 

 insurrection, though the Archbishop was too jealous 

 to call them into the field. The rebels were defeat- 

 ed at Pentland. Great -cruelties were perpetrated by 

 the king's troops after the battle, and cruelties still 

 greater and more extensive were committed by his 

 ministers and judges under the form of trial, and un- 

 der the pretexts of justice. His majesty himself in- 

 terposed to prevent the farther effusion of blood : 

 but it was not long before his servants had recourse 

 to the same excessive severities which had formerly 

 provoked the country to take up arms. Lauderdale, 

 who was now created a duke, began to forsake some 

 of his old friends, who refused to lend their sanction 

 to his arbitrary conduce. Among these was the 

 Earl of Argyie. But the minister knew too well 

 his influence with the king, and his interest in the 

 country, to deprive him either of his seat at the 

 privy council board, or of his place as a lord of 

 the treasury. Lauderdale, in 1678, most inhumanly 

 brought down the Highlanders, at that time a law- 

 less and savage band, to live at free quarters in the 

 western parts of the kingdom. To this measure, 

 at once impolitic and barbarous, Argyie refused to 

 give any active concurrence ; but, at the same time, 

 he acted a moderate and prudent part, by not join- 

 ing in the attack which was made upon ministry in 

 consequence of that unjustifiable step. The Duke 

 of York being sent by the king in 1681, to take 

 the management of Scottish affairs, he conducted 

 himself with so much temper in general, and so 

 obligingly to the earl in particular, that they were on 

 good terms for a considerable time. But the duke 

 having questioned Argyie pretty closely about the 

 government in Scotland, he discovered that he had 

 principles and views quite adverse to those by which 

 he himself and his brother were actuated ; and, there- 

 fore, though still externally civil to him, he began 

 to assume a coldness and reserve which indicated 

 a change of his sentiments, if, indeed, his real 

 sentiments towards the earl were susceptible of 

 any change. An act was passed this year by the 

 parliament for establishing a test, obliging all who 

 filled any office, to swear that he would attempt no 

 alteration in the constitution of church or state. 

 While this act was under discussion, Argyie opposed 

 it. wkh the utmost boldness and vigour. And after 



his opposition had proved fruitless, he would not Campbel'T, 

 take the test without an explanation of the meaning Archibald, 

 which he attached to it. This was also done by the """" V ' 

 Marquis of Queensberry ; while many expressed 

 their scruples about the oath, and others refused to 

 take it at all. The earl sent his explanation to the 

 Duke of York ; his royal highness declared himself 

 satisfied with it ; and the earl was permitted to sign it 

 in the qualified sense which he had affixed to it, and 

 to sit and deliberate accordingly as a privy counsellor. 

 It is also worthy of remark, that the privy council 

 themselyes, on the very same day, gave an explana- 

 tion of the test similar to that which had been given 

 by Argyie, and that the clergy were allowed the 

 privilege of signing it, with an adjection to that pur- 

 pose. But his lordship was an obnoxious man to 

 those in power, and what was reckoned venial or 

 innocent in others, was in him an unpardonable crime. 

 A design was formed against him, and through the 

 malice of his enemies, and his own consistency and 

 firmness, on which they could always calculate, it 

 unfortunately succeeded. He was most unreason- 

 ably required to take the test a second time as a com- 

 missioner of the treasury. He offered the same ex- 

 planation : but when desired to subscribe it, which 

 demonstrated to him that there was some insidious 

 view in the proposal, he refused to comply with it. 

 A complaint was sent to the king against him, and 

 in the mean time he was committed prisoner to the 

 Castle. But before an answer from his majesty could 

 arrive, a prosecution was commenced. He was first 

 accused of slander, leasing-making, and deprava- 

 tion of the laws ; but after the king's letter came to 

 hand, authorizing the procedure which was intended,* 

 the charge was altered, and he was indicted before 

 the Court of Justiciary for high treason and perjury. 

 The conduct of the prosecutors in every part of it, 

 shewed that there was a determination to cut him 

 off. The plainest maxims of justice were violated 

 without remorse ; and a degree of zeal was exhibit- 

 ed to procure his condemnation, which was altoge- 

 ther indecent even in those times of violence and 

 oppression. The earl requested that Sir George 

 Lockhart, his ordinary advocate, might be allowed 

 and authorised to appear in his behalf. This most 

 reasonable petition was refused once and again. A- 

 bout eight gentlemen at the bar, eminent for their 

 talents and character, gave a written opinion, in 

 which they declared that the earl's explanation of 

 the test contained nothing illegal or criminal ; and 

 this wa* taken so heinously amiss, that it was made 

 a matter of formal consultation whether those law- 

 yers should not be prosecuted for scandal against the 

 government. Argyie delivered a speech in his own 

 defence, and offered two letters, one of them from 

 the king, and the other from Middleton, in proof of 

 his loyalty and faithful services, requesting them to 

 be read and recorded in process; but the court would 

 not allow them to be recorded after they were read, 

 plainly because they went far to invalidate the inter- 

 pretation put upon his conduct with regard to the 

 test. After pleadings were heard at great length, 

 the judges deliberated on the relevancy of the in- 

 dictment, and it so happened that they were equally 

 divided on that point, while the presiding judge de- 

 clined giving his casting vote : but they were rehev* 



