APPENDIX. 39 



which, by preferring a deliberate and a powerful oppofitioii to Account of 



' J *■ ° \ t Lord Prefide:u 



that attack againft their religious and civil liberties, bad fair Dunda*. 

 to prevail with the Sovereign to abandon thofe unconftitutional 

 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 aifociation, which, with the well difpofed, might have 

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

 tumult and fedition. 



On the extinction of the monarchical government, the fu- 

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

 was converted by Oliver Cromwell into a Commijfwn for the 

 adminijl ration of jujlice, and partly fupplied by Englifh Judges. 

 Upon the Restoration, that Court refumed its ancient form ; 

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

 James Dundas of Arnifton, whofe high character, 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 Seflion in 1662. 



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

 that fpirit of difafFection to the government, which very generally 

 prevailed in this country, found it neceffary, 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 againft the king ; and, in particular, . ab- 

 juring thofe bonds entitled the National and the Solemn League 

 and Covenant as illegal and feditious afTociations. 



This meafure was complied with by fome from principle, 

 and by others from policy. The Chancellor of Scotland being 

 directed to require the Judges of the Court of Seflion to fubfcribe 

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

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



an. 



