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Contents
1. Cover
2. Title Page
3. Copyright Page
4. Dedication
5. About the Author
6. Contents at a Glance
7. Contents
8. Acknowledgments
9. Introduction
10. Chapter 1 Healthcare Industry

1. Types of Organizations in the Healthcare Sector

1. Patients
2. Providers
3. Healthcare Clearinghouse
4. Healthcare Organizational Behavior
5. Health Insurance

2. Healthcare Across the Globe

1. United States
2. Canada
3. United Kingdom
4. European Union
5. Japan

3. Stakeholders
4. Coding and Classification Systems and Standards

1. Diagnosis-Related Group (DRG)

2. International Classification of Diseases (ICD)
3. Systematized Nomenclature of Medicine Clinical
Terms (SNOMED CT)
 4. Additional Coding Systems
5. Revenue Cycle

1. Claims Processing and Third-Party Payers

2. Payment Models
3. The US Evolving Payment Model
4. Medical Billing
5. Transaction Standards
6. Reimbursement

6. Workflow Management

1. Clinical Workflow
2. Business Process Reengineering (BPR)
3. Value Stream Mapping (VSM)

7. Regulatory Environment

1. Patient Rights
2. Patient Care and Safety

8. Public Health Reporting

9. Clinical Research

1. Good Clinical Research Practice (GCP)

2. De-identification of Patient Information

10. Healthcare Records Management

1. Record Retention
2. Destruction of Patient Health Information
3. Access Control
4. Authentication, Authorization, and Accounting
(AAA)

11. Third-Party Relationships

1. Vendors
2. Regulators
 3. Other Third-Party Relationships
4. Administering Third Parties
12. Understand Foundational Health Data Management
13. Managing Information Flow and Lifecycle in Healthcare
Environments

1. Data Lifecycle Management (DLM)

2. Health Data Characterization

14. Data Interoperability and Exchange

1. Health Level 7 (HL7)

2. Integrating the Healthcare Enterprise (IHE)
3. Digital Imaging and Communications in Medicine
(DICOM)

15. Legal Medical Record

16. Chapter Review

1. Questions
2. Answers

17. References
11. Chapter 2 Information Governance in Healthcare

1. Security Governance

1. Board of Directors
2. Information Security Program
3. Information Security Steering Committee
4. Configuration Control Board
5. Information Management Council
6. Risk Management Steering Committee
7. Data Incident Response Team

2. Privacy Governance

1. Generally Accepted Privacy Principles

2. Data Governance Committee
3. Audit Committee (Board of Directors)
 4. Institutional Review Board
3. Information Governance Roles and Responsibilities

1. Chief Information Security Officer

2. Chief Privacy Officer
3. Chief Data Officer
4. Information System Owner
5. Data Owner
6. Data Steward
7. Data Controller
8. Data Processor
9. Data Custodian
10. End User

4. Information Security and Privacy Policies and Procedures

1. Policies
2. Procedures
3. Notable Policies and Procedures

5. Sanction Policy
6. Configuration Management Plan
7. Code of Conduct or Ethics in a Healthcare Information
Environment

1. Organizational Codes of Conduct in Healthcare

2. Organizational Codes of Ethics in Healthcare
3. (ISC)2 Code of Ethics

8. Chapter Review

1. Questions
2. Answers

9. References
12. Chapter 3 Information Technologies in Healthcare

1. Fostering Privacy and Security with HIT

2. Increased Exposure Affecting the Threat Landscape
 1. Internal Threats to HIT Privacy and Security
2. External Threats to HIT Privacy and Security
3. Oversight and Regulatory Challenges

1. HIPAA and HIT

2. GDPR and HIT

4. Interoperability

1. Software and System Development

2. Levels of Interoperability
3. Medicare Access and CHIP Reauthorization Act of
2015

5. Information Technologies

1. Electronic Health Records

2. Internet of Medical Things
3. Medical Devices
4. Cloud Computing
5. Mobile Device Management
6. Health Information Exchange

6. Data Lifecycle Management

1. Phase 1: Create
2. Phase 2: Store
3. Phase 3: Use
4. Phase 4: Archive
5. Phase 5: Destroy

7. Third-Party Connectivity

1. Trust Models for Third-Party Interconnections

2. Technical Standards: Physical, Logical, Network
Connectivity
3. Connection Agreements

8. Chapter Review
 1. Questions
2. Answers
9. References
13. Chapter 4 Regulatory and Standards Environment

1. Identify Regulatory Requirements

1. Legal Issues Regarding Information Security and

Privacy
2. Data Breach Regulations
3. Protected Personal and Health Information
4. Jurisdiction Implications
5. Data Subjects
6. Data Owners
7. Data Steward
8. Data Controller
9. Data Custodians
10. Data Processor
11. Research

2. Recognize Regulations and Controls of Various Countries

1. Treaties
2. Laws and Regulations

3. Understand Compliance Frameworks

1. Privacy Frameworks
2. Security Frameworks

4. Chapter Review

1. Questions
2. Answers

5. References

14. Chapter 5 Privacy and Security in Healthcare

1. Guiding Principles of Information Security: Confidentiality,
Integrity, and Availability

1. Confidentiality
2. Integrity
3. Availability
4. Accountability

2. Understanding Security Concepts

1. Identity and Access Management

2. Access Control
3. Training and Awareness
4. Logging and Monitoring
5. Vulnerability Management
6. Segregation of Duties
7. Least Privilege (Need to Know)
8. Business Continuity
9. Disaster Recovery
10. System Backup and Recovery
11. Configuration, or Change Management
12. Incident Response

3. Understanding Privacy Concepts

1. US Approach to Privacy
2. European Approach to Privacy
3. Consent
4. Choice
5. Limited Collection
6. Legitimate Purpose
7. Purpose Specification
8. Disclosure Limitation
9. Transfer to Third Parties (or Countries)
10. Transborder Concerns
11. Access Limitation
12. Accuracy
13. Completeness
14. Quality
15. Management
 16. Privacy Officer
17. Supervisory Authority
18. Processing Authorization
19. Accountability
20. Training and Awareness
21. Openness and Transparency
22. Proportionality
23. Use and Disclosure
24. Access
25. Individual Participation
26. Notice
27. Events, Incidents, and Breaches
4. The Relationship Between Privacy and Security

1. Dependency
2. Integration
3. Ownership of Healthcare Information

5. Understand Sensitive Data and Handling

1. Sensitivity Mitigation
2. Categories of Sensitive Data

6. Chapter Review

1. Questions
2. Answers

7. References
15. Chapter 6 Risk Management and Risk Assessment

1. Understand Enterprise Risk Management

1. Measuring and Expressing Information Risk

2. Identifying Information Assets
3. Asset Valuation Methods
4. Risk Components
5. Employing Security Controls
6. Assessing Residual Risk
2. Understand Information Risk Management Framework

1. NIST Risk Management Framework (RMF)

2. International Organization for Standardization
3. Centers for Medicare and Medicaid Services

3. Understand Risk Management Process

1. Quantitative vs. Qualitative Approaches

2. Intent
3. Information Lifecycle and Continuous Monitoring
4. Tools, Resources, and Techniques
5. Desired Outcomes
6. Role of Internal and External Audit and
Assessment

4. Identify Control Assessment Procedures Using

Organization Risk Frameworks
5. Participate in Risk Assessment According to Your Role

1. Information Gathering
2. Risk Assessment Estimated Timeline
3. Gap Analysis
4. Mitigating Actions
5. Communications and Reporting

6. Understand Risk Response

7. Use Controls to Remediate Risk

1. Administrative Controls
2. Physical Controls
3. Technical Controls

8. Participate in Continuous Monitoring

9. Chapter Review

1. Questions
2. Answers
 10. References
16. Chapter 7 Third-Party Risk Management

1. Understand the Definition of Third Parties in the

Healthcare Context
2. Maintain a List of Third-Party Organizations
3. Third-Party Role and Relationship with the Organization

1. Outsourcing
2. Third-Party Risk in the Cloud
3. Third-Party Risk in Data Disposition
4. Third-Party Risk in Nonmedical Devices

4. Health Information Use: Processing, Storage, Transmission

1. International Regulations for Data Transfer to

Third Parties
2. Unauthorized Disclosure of Data Transferred to
Third Parties

5. Apply Management Standards and Practices for Engaging

Third Parties

1. Relationship Management

6. Determine When a Third-Party Assessment Is Required

1. Organizational Standards
2. Triggers of a Third-Party Assessment

7. Support Third-Party Assessments and Audits

1. Information Asset Protection Controls

2. Compliance with Information Asset Protection
Controls
3. Communication of Results

8. Participate in Third-Party Remediation Efforts

9. Respond to Notifications of Security/Privacy Events
 1. Internal Processes for Incident Response
2. Relationship Between Organization and Third-
Party Incident Response
3. Breach Recognition, Notification, and Initial
Response
10. Respond to Third-Party Requests Regarding
Privacy/Security Events

1. Law Enforcement
2. EU Data Authorities
3. Affected Individuals
4. Media
5. Public Relations
6. Health Information Exchanges
7. Organizational Breach Notification Rules
8. Organizational Information Dissemination Policies
and Standards
9. Risk Assessment Activities
10. Chain of Custody Principles

11. Promote Awareness of Third-Party Requirements

1. Information Flow Mapping and Scope

2. Data Sensitivity and Classification
3. Privacy and Security Requirements
4. Risks Associated with Third Parties

12. Chapter Review

1. Questions
2. Answers

13. References
17. Appendix About the Online Content

1. System Requirements
2. Your Total Seminars Training Hub Account

1. Privacy Notice
 3. Single User License Terms and Conditions
4. TotalTester Online
5. Technical Support
18. Glossary
19. Index

Guide
1. Cover
2. Title Page
3. HCISPP® HealthCare Information Security and Privacy
Practitioner All-in-One Exam Guide

Page List
1. i
2. ii
3. iii
4. iv
5. v
6. vi
7. vii
8. viii
9. ix
10. x
11. xi
12. xii
13. xiii
14. xiv
15. xv
16. xvi
17. xvii
18. xviii
19. xix
20. xx
21. xxi
22. xxii
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 Another Random Document on
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101.
When these two noblemen, with their servants and some gentlemen, were
upon their road in Annandale, they lost their way; and it being late, the two
noblemen were obliged to shelter in a cottage in that country. The people
having heard somewhat of their errand in going up, were extremely kind to
them, wishing them heartily success. When they could not get their horses
under lock and key, or perhaps to any house, the noblemen appeared
concerned for them, lest they should be stolen, having heard Annandale
spoken of for stealing of horses; but the country people told them they were
in no hazard, there was no thieving among them since the field-preaching
came into that country, and talked of many other branches of reformation
wrought among them by Mr Welsh and other preachers. Wodrow, vol. i. p.
507.—Kirkton, from whom Wodrow has borrowed this pleasant little
anecdote, adds, “the poor country people talked to the noblemen’s great
admiration for the time, but it brought forth but small fruit.” Hist. p. 239.
At first the king would only permit Atholl and Perth to approach his
person—the others he refused to see, because they had left
Scotland in contempt of a proclamation; but their representation of
the mad projects going forward there, made him conclude that
certainly Lauderdale’s head was turned; yet neither would he allow
him to be blamed, or admit that he had done any thing detrimental
to his service. But as he professed his intention of setting the Duke
of Monmouth at the head of the Scottish government, he allowed
him to act as mediator upon this occasion, and they were at last
admitted into the royal presence; the more readily perhaps, as their
visit had begun to make a great noise and awakened the jealousy of
the English parliament now sitting;—who imagined they saw, in the
management of the sister kingdom, a specimen of what they
themselves might expect whenever circumtances would permit, and
anticipated their own subjection, should Charles establish a
despotism there, especially as the Duke of York, whose papistical
principles were now openly professed, strongly abetted the cause of
the Scottish Episcopal church—a church that gloried in being the
daughter of the church of Rome by true lineal descent in the
uninterrupted apostolical succession of her bishops,[102] and who
equalled her in the antichristian persecuting spirit of her priests.
102.
This was always strenuously contended for by the old non-jurants, who only
lately died out here; but is apparently reviving in the Puseyites.
Alarmed at the departure of so many influential personages for
London, and at receiving no reply to their former letter, the privy
council dispatched the Earl of Murray and Lord Collington to
counteract the efforts of their opponents, and carry another epistle
to his majesty, complaining of the conduct of those persons, “who,
instead of concurring with them, which as sheriffs, and enjoying
other responsible offices, they should have done, had, with much
noise and observation, gone to England without seeking their
license; but they, with humble confidence, expected that his majesty,
by his princely care and prudence, would discourage all such
endeavours as tended to enervate his royal authority and affront his
privy council; and they referred his majesty to their messengers, two
of their own number, men of known integrity and ability, who could
give him an exact account of what had passed, and resolve such
doubts as might occur to the royal mind, which could not be settled
so well by letters, and confute such unworthy mis-reports as were
raised by others who have choosed a time when his majesty was
likely to be engaged in a foreign war, and had assembled his
parliament of England.”
After these deputies had reached London, and the various
statements of the different parties had been laid before the king, a
message was received by the council from him, announcing “that he
had considered some representations made by some of his subjects
anent the late methods with the west country, with the answers
made thereunto and replies, which so fortified the representations,
that he resolved to hear and consider things fully, and, in the
meantime, commanded that the bond and law-burrows be
suspended till his further pleasure be sent, and that all the forces,
except his own guards, be immediately disbanded.” Astonished at
receiving such a command, when they expected to have got Cassilis
sent down prisoner as they had requested, they could not conceal
their disappointment and chagrin. In a reply which they transmitted
by Sir George Mackenzie, who was instantly sent off to aid in
advocating their cause, they say—“You know how much all were
inclined to give the council ready obedience till these noblemen
interested themselves in the phanatical quarrel; how ready all were
to concur in assisting his majesty both with their own tenants and
militia; and, which is very remarkable, how ready the gentry and
heritors in every shire were to rise, between sixty and sixteen,
which, in shewing how all ways were taken and owned for assisting
the royal authority, did strike a just terror in all those who were
refractory; whereas now, the numbers and humorousness of those
who are gone up has done all they could to loose all the foundations
of authority here to such a height, as will soon grow above
correction, if it be not speedily, vigorously, and openly adverted to by
his majesty.”
Charles himself seems to have been not a little perplexed at the
unexpected step of the Scottish nobles. What had been done in
Scotland was unauthorized by any law, and unjustifiable upon any
principle of good government, but it was agreeable to the despotic
propensities of the heartless sovereign; and he was constantly
wavering between the harsh measures most congenial to his
disposition, and the milder plans he was occasionally obliged to
adopt—sending orders one day to disband the troops and dismantle
the garrisons—the next, ordering new troops to be raised and other
garrisons to be planted, till Sir George Mackenzie arrived. Shortly
after his arrival, the king was prevailed upon to give a hearing to the
Duke of Hamilton and his friends, whose ranks were now much
thinned, both their patience and purses being nearly worn out by
their long detention. An account of the interview has been
preserved, written by one who was present, which, as it is the only
authentic document we have, and not being long, I the rather insert:
—
“Upon the 25th of May, the king commanded the Duke of
Hamilton, Lord Cochrane, Sir John Cochrane, and Lieutenant-General
Drummond, to attend upon him at four of the clock, when they
appeared. The king being accompanied by the Duke of York, Duke of
Monmouth, and the treasurer, desired to know what they had to say
—why they had come to him contrary to his proclamation? The Duke
of Hamilton spoke first and said, he humbly begged to know the
reason why he had got some marks of his majesty’s displeasure, and
that since he came here (to London) he had not the common
privilege of subjects, not being admitted to kiss his majesty’s hand.
The king replied, he would first know what were the things they had
to complain of? and he would take his own time to answer his first
request. The Duke said, the chief encouragement he had to come
and make known his oppression was that which his majesty said to
him when last here, which was, that when he was in any way
wronged he should come to himself and make it known; and that
now he could not but come since he and others were so much
wronged.
“And then there was an account given of the whole affair of the
bringing down of the Highlanders, of quartering, plundering our
lands, of having a bond offered which was both illegal and
impracticable, of being charged with law-burrows, of being
denounced thereupon, and of the proclamation forbidding us to
acquaint the king with our condition. All these were particularly
insisted upon at great length. To which the king returned, that these
were horrid things, and desired we might set them down in paper.
The treasurer said, that whatever was in these free-quarterings and
in the rest, they might have been prevented by taking of the bond,
which he conceived there was law for the imposing of, and might be
very well kept, for there were two alternatives in the bond, viz.
either to deliver them prisoners, or to put them from their land. To
which it was replied, there was no law obliging masters to
apprehend their tenants; and the furthest the act of parliament went
was, in the year 1670, to oblige masters for their families and
servants. 2dly, That masters could not be obliged to turn their
tenants out of their lands in regard that the punishment for going to
a conventicle was statute already to be a fine, much less in
proportion than the turning them out of their possessions; besides,
most part of the tenants have tacks by which, during their time, they
had good right to their possessions, and could not by their masters
be turned out for a crime that, by the law, was only finable, and had
no such certification as losing their possessions.
“The conference having been held two hours, there was a good
deal said to and fro, and the king fully and freely informed. The
conclusion of the debate was, the king told us he could not judge of
what we had said, unless we would give it under our hands, that he
might consult thereanent with his council, and know what they had
to say for themselves, and could advise him to. It was answered,
that we came to his majesty to give an information of what wrongs
and oppressions were done to the country, hoping his majesty would
examine and redress them, but not to give in any accusation against
the council, which we knew, by law, was very dangerous, unless his
majesty would indemnify for it, which the king refusing to do, they
told him they could insist no farther, but leave it to him to do as he
thought fit. The king offered to go out of the room, and the Duke of
Hamilton kneeling, begged the favour of his hand; but his majesty
declined it, and said he would consider upon and give an answer to
what had been said, and went away.[103]
103.
When the Duke of Hamilton got into his presence, the king kept his hands
behind his back, lest perchance the Duke should snatch a kiss of them! And
when the Duke came to make his complaint upon the bad government of
Scotland, the king answered him with taunts, and bid him help what was
amiss when he were king of Scotland; and this was all. Kirkton, p. 393.

“There were many particulars spoken to, wherewith the king

seemed to be moved, acknowledging there were overdoings and
several things done upon prejudice at particular persons; but still,
when he came this length, the Lord-Treasurer interrupted, and gave
some other turn to matters, otherwise ’tis thought there would a
more favourable answer have been given. The king signified that he
was certainly informed that there was a rebellion designed in
Scotland, but he would take care the actors in it should be the losers
by it. He endeavoured much to assure us that, albeit we had not
come to London, there would not have been any caption executed
against us upon the law-burrows.”
Dismissed with flattering promises, the nobles were not deceived;
and although they brought away with them the “word of a prince,”
they knew its value too well to place much confidence in it. Nor did
the conduct of the king belie their forebodings. Three days after this
conference, he addressed to the managers in Scotland, a letter, the
third of the kind, containing his full approval of their proceedings;
and “that the rather, because, after trial taken by Us, we find that
such as complained refused to sign any complaint against these
proceedings as illegal,” and added, in order to prevent any future
application, that he was highly dissatisfied with such as had caused
these clamours, and “would on all occasions proceed according to
our laws against such as endeavour to lese our prerogative and
oppose our laws and our privy council.”
No sooner was there the least appearance of any relaxation in the
execution of the severe acts, than the ministers and people returned
with renewed alacrity to their meetings; and at this juncture, as
there was a very general impression that the men in power were
sympathizing with them, the consequence was, that conventicles
again multiplied, especially in Fife and East Lothian. At the same
time, the regular clergy were more upon the alert. The military, too,
were always in readiness, and sometimes skirmishes ensued, in
which the soldiers occasionally were beat off.
Early in May, a large conventicle having convened on the flat at
Whitekirk, opposite the Bass, the deputy-governor who had received
notice of it, came upon the meeting with about forty soldiers and
some twenty country people, whom they forced along with them.
When they came near, the people resolved to sit close and stay upon
the place, and offer no violence to the soldiers, unless they disturbed
them; but in that case they resolved to defend themselves. The
soldiers came up and commanded the people to dismiss in the king’s
name. Some who were next to them answered, they honoured the
king, but were resolved to hear the word of God when preached to
them; at which one of the soldiers struck a man that was nearest
him, whereupon a strong countryman with a staff knocked the
soldier to the ground. When they were thus engaged, a kind of
general scuffle ensued. One of the soldiers was shot, and others
disarmed and dismissed unhurt, though they had seized and sent off
to Haddington two of the persons assembled at the conventicle. A
few days after, several other persons were apprehended for having
been present, from among whom five were selected to stand trial
before the Justiciary Court at Edinburgh for the murder. Of these,
three were dismissed, but two, James Learmont and Robert Temple,
were brought to the bar; when it was urged against the relevancy of
the indictment, that “simple presence” in a crowd, where upwards of
a thousand persons were assembled, could constitute no crime; and
it was offered to be proved that the prisoners came to the place
unarmed, or did not use arms; and not only this, but it was also
offered to be proved that others who had escaped, and were
declared fugitives, were seen to strike the deceased with swords and
halberts. Yet the lords decided that presence at unlawful meetings or
field-conventicles with arms, at which slaughter was committed, or
giving counsel or command, were sufficient, and the case was
remitted to the jury to pronounce upon the proof. It was distinctly
sworn by two witnesses that they saw James Learmont at the
meeting unarmed, but heard him say—“Let no cowards be here to-
day; but let such as have arms go out to the foreside;” and, after
having viewed the advancing party, cry out—“They be but few, let
there be no cowards.” Another swore that he saw William Temple,
with a sword under his arm, but not drawn. The jury found the
panels guilty as libelled; but the lords of Justiciary not being quite
clear about the business, requested the opinion of the privy council,
who, after considering the process, deputed four of their number—
Murray, Linlithgow, Ross, and Collington, to express their satisfaction
with the whole procedure, and recommended that justice should be
speedily executed upon the said panels. Such, however, was the
even-handed justice of these days, that a remission of the
punishment came to the one who had been proven to be at the
conventicle with a sword, while the unarmed hearer of the gospel
was sent to the gallows. But the good man died in great peace,
declaring his adherence to the truth as stated in the Confession of
Faith, and to the despised way of preaching the gospel and receiving
the sacraments of Baptism and the Lord’s Supper from lawfully
ordained and called ministers of the gospel, who were forced to the
fields because of persecution from those who were never friends to
the church of Christ—these lords prelates who lord it over the Lord’s
inheritance. He solemnly declared himself free of the blood of all
men, especially the blood of the man for which he was unjustly
condemned, and looked forward to that day wherein the righteous
Judge will judge again, when he makes inquisition for blood, and will
call to account all the blood shed of the saints that is dear in his
sight; “before whom,” added he, “I am to appear immediately, and
hope to receive the sentence, well done faithful servant, enter into
your master’s joy, though not by my merit, but through the merit
and purchase of Christ.”
Learmont was a chapman, or pedlar, at that time a respectable
employment in Scotland, and appears, like many of his calling, to
have been pretty extensively known, which had provoked the
peculiar enmity of Sharpe so much, that, when the jury at first
brought in a verdict of not guilty, he was not satisfied, and the jury
were sent back. A second time they returned the same verdict, when
he instigated the Lord Advocate to threaten them with an assize of
error, though Mackenzie seldom needed any prompter on such
occasions, which prevailed upon them at last to bring in a verdict
more agreeable to the blood-thirsty pair.[104]
104.
Fountainhall’s Decis. vol. i. p. 13. Wodrow says, “some papers before me say
he was once assoilzied by the jury; but Bishop Sharpe being peremptory he
must die, moved the Advocate to threaten them with the utmost severity;
and at length they were prevailed with to bring him in guilty.” Hist. vol. i. p.
521.—Learmont himself, in a large paper left behind him, declares—“My
blood lyeth at the Bishop of St Andrew’s door, to stand against him; for since
I received this sentence of death, it hath been frequently brought to my
ears, that he pressed the king’s advocate to take my life.” “And now in my
last words, after the example of my Lord and master, I here most freely,
 before I go hence, say, ‘Father, forgive them.’” Naphtali, p. 450.—Nine years
after, a person upon his deathbed owned to a minister who visited him, a
few hours before his death, that he was the person who killed the soldier,
which he did in self-defence, and to save the life a neighbour. Learmont was
in no ways concerned or present at it. Wodrow, vol. i. p. 523.

Increasing severities on the part of their rulers produced

increasing precautions on the part of the persecuted, who were
firmly persuaded that it was the will of God and their duty to hear
his word and endeavour to induce others to hear also—that no
human power could release them from the sacred obligations of
their oath to God, ratified by acts of the legislature, unanimously
passed, and sworn to by king, parliament, and people. They
therefore, in obedience to these obligations, and these acts, came
now in greater numbers armed to their meetings, to defend
themselves and their preachers; and even those who had at first
opposed resistance to their oppressors began to relax.
Among a people trained to judge and reason for themselves, it
was not easy to settle the disputed questions, Who were the
violators of the law?—those who had overthrown and trampled
under foot the constitution of the country? or those who obeyed and
were determinately upholding it? Could the circumstance of minority
or majority change the nature or loosen the bonds of religious,
moral, and legal obligation? Did these depend upon numbers, riches,
or power? Politicians may answer yes; people may temporise where
to resist would involve a community, or part of a community, in an
unequal or apparently hopeless contest—they may pay for the
support of an established hierarchy, which they do not approve,
because it may be dangerous to attack it—they may accept office
under a government, coupled with restrictions discordant to man’s
natural right to worship God according to conscience, because
obedience is gainful or expedient;—but these worthies judged
differently, they considered what they thought duty, national and
personal, irrevocable and imperative; and they left the consequences
to the providence of God.
 Mr Blackadder, invited again to Fife, lodged at Inchdarnie’s—then
the head-quarters of the higher ranks among the covenanters in that
district—together with his son Robert, Bailie Haddoway, and Mr,
afterwards Colonel, Cleland. On Sabbath morning he was escorted to
Divan, eight miles off. When he came, he observed a number of
arms piled in order on the ground, guns and fowling-pieces, about
the number of fifty, which, when he saw, he asked, “what meant all
this preparation? Trust rather in Jehovah, and the shield of
omnipotence.” They told him the reason, that Prelate Sharpe had
ordered to draw a hundred and five men out of the militia, to be a
standing company, on purpose to search for and apprehend
ministers who should venture within his bounds. This and the like
violence was the thing that soon brought him to his end, and
constrained peaceable folk to come in arms, after long suffering and
provocation. About the middle of the communion, an alarm arose
that the militia were advancing their whole company. Burleigh
stepped out presently and drew up a party of the left horse, such as
he could find, and went forth to view the militia, who were within
two miles of the place. Suspecting that the meeting might be in a
posture of defence, they had halted on a brae-side until both
sermons should be ended, that they might make a prey of the
people dismissing. When all the congregation were removed, except
the minister’s body-guard, a new alarm came that the soldiers were
at hand. Upon this Kinkel and Burleigh, with a few horse, rode up
the face of the hill, where the militia had advanced with the hope of
getting plunder, and making prisoners of the hindermost. Also the
foot, young men, who had their guns, and were on their way
homeward, did resolutely return and join the horse, which altogether
made a party between thirty and forty. The lads on foot were drawn
up beside the cavalry, such as they were. The military with their
officers were marching fast up, expecting their prey, but halted when
they perceived the party. Haddoway and Cleland rode down to have
spoken and asked their intentions; but ere they came near, the
militia wheeled about for marching off, if they might. The footmen
came up sweating with their muskets, and were drawn up on the
flanks, making a tolerable troop.
 But the militia, terrified at all this apparatus, scarcely looking over
their shoulder, fled to Cupar in a dismal fear. The Presbyterian
horsemen would gladly have had orders to break after them, which
if they had done, it is said the prelatists had resolved to throw down
their arms and surrender at mercy. But the minister did calmly
dissuade them from it. “My friends, your part is to defend yourselves
from hazard, and not to pursue: your enemies have fled—let their
flight sheath your weapons and disarm your passions. I may add
without offence, that men in your case are more formidable to see at
a distance than to engage hand to hand. But since you are in a
warlike and defensive posture, remain so, at least till your brethren
be all dismissed. Conduct them through their enemies, and be their
safeguard until they get beyond their reach; but except in case of
violence, offer injury to none.” When the militia had entered Cupar,
the party rode off quietly. About nine guarded Mr Blackadder to his
quarters, which was at an inn in the parish of Portmoak. On Monday
he returned with his friends to Edinburgh.
Next week, another remarkable communion was held at Irongray,
Dumfries-shire, when Mr Welsh presided at the earnest desire of his
old parishioners, who had resolved to make this public avowal of
their attachment to the cause of Christ, at the peril of all they held
dear on earth; thither also Mr Blackadder resorted. On Thursday, he
took horse from Edinburgh, accompanied by his wife and son
Robert, who wished to see their relations and join on the occasion,
such a thing being so rare to them. As they rode on their way by
Leadhills towards Enterkin and Nithsdale, they found the roads
covered with people, some on horse, others on foot. A company of
eighty horse, whereof many were respectable gentlemen from
Clydesdale, and well appointed with regular officers, had marched
down Enterkin-path in good order a little before him. They were all
reasonably well accoutred. He entered into conversation with many
groups of people, and advised them all to behave with sobriety and
decorum. The party of Clydesdale horse, when they were down the
brae of Enterkin, which was a large mile, drew up and fell into rank
at the foot of the path, and marched in good order all along
Nithsdale, till they came to Cluden-water, which was much swollen
by the rain. They rode through directly to Irongray parish, where
they took up their quarters, and kept outwatches and sentinels all
night. The men on foot came after, and took up their lodgings where
they could most conveniently, and as near the horse as possible.
They told that the Earl of Queensberry was on his road to
Edinburgh, and had met several companies of them.
Mr Blackadder and his company took the route to Caitloch, where
he stayed that night. Here their numbers were increased to a great
concourse. On Saturday morning, they marched from Caitloch to the
cross of Meiklewood, a high place in Nithsdale, about seven miles
above Dumfries. This he understood was to be the rendezvous of
the congregation. Here they had a commanding view of the whole
country, and could not be taken by surprise. On the one hand, the
hills of Dalswinton and all the higher ground of Kirkmahoe, lay within
reach of the eye, as far as the braes of Tinwald and Torthorwald.
The range of the Galloway hills lay on the west, all the passes of
which could be distinctly seen. No sudden change could surprise
them from the south, as the flat holms of the Nith were visible for
many miles. When Mr Blackadder reached the place, he found a
large assembly had collected. He opened the service from these
words, 1 Cor. xi. 24. “Do this in remembrance of me.” His two chief
points were—That the ceremony was not left arbitrary to the church,
but was under a peremptory command from Christ himself. This
remembrance was to be renewed from time to time as seasons
would permit; and their divine Master’s command was still in force,
though men had inhibited and discharged them. Secondly, The end
of the institution, why it ought to be frequently celebrated or
administered; and what was especially to be commemorated.
Mr Welsh preached in the afternoon, and intimated the
communion to take place next day on a hill-side in Irongray, about
four miles distant, as it was judged convenient and more safe to
shift their ground. He durst not mention the name of the place
particularly, lest enemies might get notice and be before them; but
none failed to discover it. Early on Sabbath morning, the
congregation sat down on the Whitehill in Irongray, about three
miles above Dumfries. The meeting was very numerous, greater
than at East Nisbet, being more gentlemen and strangers from far
and near. Mr Arnot, late minister of Tongland, lectured in the
morning, and Mr Welsh preached the action-sermon, which was his
ordinary. The rest of the ministers exhorted and took their turn at
the table-service. The whole was closed in the evening without
disturbance. It was a cloudy and gloomy day, the sky lowering and
often threatening showers, but the heavy clouds did not break, but
retained their moisture, as it were to accommodate the work; for ere
the people got to their houses and quarters, there fell a great rain
which that night waxed the waters, and most of them had to pass
through both the Cairn and the Cluden.
The Earl of Nithsdale, a papist, and Sir Robert Dalzell of Glenae, a
great enemy to these meetings, had some of their ill-set domestics
there, who waited on and heard till the time of the afternoon
sermon, and then slipt away. At the time of dismissing there arose a
cry and alarm that the dragoons were approaching, whereupon the
Clydesdale men instantly took to horse and formed. The gentlemen
of Galloway and Nithsdale took no posture of defence at first, as
they did not intend it until they saw imminent hazard. But seeing the
motions of the Clydesdale men, they thought it necessary to do the
like. Gordon, the Laird of Earlstone, who had been a captain in the
former wars, now drew up a large troop of Galloway horse. Another
gentleman of Nithsdale, who had also been a captain of horse,
mustered up a troop of cavalry from the holms of Kirkmahoe and
about the Nith. Four or five companies of foot, with their officers,
were ready equipped for action; and all this was done in the
twinkling of an eye, for the people were willing and resolute.
Videttes and single horsemen were despatched to various quarters,
to keep a good look out. The report brought in was, that they had
only heard a rumour of them being in the country, but could not
inform themselves if any were near at hand, or any stir in that
immediate neighbourhood. After remaining in that defensive posture
for three hours, the body of the people dispersed to their quarters,
each division accompanied with a guard of foot and horse. In
houses, barns, and empty places, most of them got accommodated
in a sort of way, within a mile or two’s distance. They had mostly
provided themselves both for board and lodging, and the ministers
were hospitably received at the houses.
The night was rainy, but watches were kept notwithstanding. As a
point of prudence, no intimation was given where the Monday’s
meeting was to be kept; this was not generally known, except to the
ministers. The tent was next day erected on another hill-side near
the head of the parish, three or four miles from the place of the
Sabbath meeting. The people seemed nothing diminished in
numbers on account of the alarm, or the unpropitious state of the
weather. The horse and foot, as usual, drew round about the
congregation, the horse being outermost. Mr Blackadder closed this
day from Heb. xiii. 1. “Let brotherly love continue;” and,
notwithstanding the alarm, he continued three weeks preaching up
and down in that country.
About the end of harvest, the last and largest out-door
communion that ever had been in Scotland, was celebrated at
Colmond, in Ayrshire. Many came in their best furniture and posture
of defence, expecting violence, as the council had got notice of it—
there was a great number of ministers officiating—but all the people
dismissed in peace. Other conventicles did not escape so easily. One
kept at the house of the Williamwood, in the parish of Cathcart,
Renfrewshire, where Mr John Campbell and Mr Matthew Crawford
had preached, was dispersed by a party of dragoons, who took sixty
men prisoners, and plundered a great number of women of their
plaids, bibles, and whatever else they had worth carrying away.[105]
105.
The minutes of privy council inform us how the booty so honourably
acquired on these occasions was disposed of. “The lords of his majesty’s
privy council ordain Captain Buckham” to advertise on Sabbath next at the
parish of Calder, “certain horses and plaids found by him and his party on
dissipating the late conventicle; with certification, if the persons to whom
they doe belong will not owne and come and receive them back againe that
 day eight days, they will be disposed upon; and in case they be not owned,
the saids lords ordains the said Captain Buckham to sell and dispose
thereupon at the best availl for the use of the party.” Memoirs of Bryson,
published by Dr M’Crie, p. 282, note. The Doctor quaintly adds, “Few
owners, it is to be presumed, would make their appearance to claim these
lost goods.”
Affairs were now drawing to a crisis. Outward troubles were
accumulating, while, unfortunately, the intestine divisions were also
on the increase. “Such,” reports one of the “outted” ministers
themselves, “as were in the fields found it difficult, amid the jarring
tempest of opinions, to give an advice. The majority were of opinion
that the times called more for meekness and patience, than any
warlike enterprise; and that it was better to continue under suffering
until they had clearer revelation than use carnal weapons of their
own; for at this time there were several sticklers in the west stirring
up the people underhand, amusing them with designs to rise in
arms, though there was no such joint resolution, for any thing I
know, either among gentry or ministers, nor the most pious, solid,
and grave among the yeomen.” Nevertheless, the country was
generally ripening for some explosion; and it says little for the
gentlemen that they did not watch the movements of the
community, as they might have directed them into more peaceable
channels; but their posterity have reason to thank their coolness or
timidity, as any arrangement with the then government could only
have been based upon allowing a preponderance to the crown,
which even a revolution might not have been able to impair. Mr
Robert Hamilton, brother to Sir William Hamilton of Preston,
esteemed a pious man and of good intentions, but of narrow views
and severe in his temper—obstinate and opinionative withal—
stepped forward while they stood back—held meetings in the
country, and also at Edinburgh, during this summer, for establishing
a general correspondence; but all this without acquainting the
ministers or gentlemen, who were in better capacity to manage the
business.[106]
106.
Notices of James Ure, p. 452. Memoirs of Rev. John Blackadder, p. 224.
Wodrow, vol. i. p. 520, &c.
In the midst of these commotions, a convention was summoned,
and Lauderdale appointed to preside as Commissioner; for he did
not choose to face a parliament.[107] Exaggerated reports of the
“armed conventicles” had been carefully transmitted to the king; and
his early prejudices and fears, arising naturally enough from the fate
of his father, and his own papistical education, rendered him an easy
tool in the hands of the apostates and prostitutes by whom he was
surrounded, who, flattering his baser propensities and humouring his
tyrannical inclinations, held him in the veriest bondage, while he
imagined himself despotic and free! Lauderdale and his associates,
the Scottish prelatists, rendered this criminal carelessness of Charles
subservient to their own purposes. Their usual mode was to get
letters drawn out in his name by some of their accomplices at court,
and presented to the king for his signature, which being speciously
written, they obtained in common without difficulty. These they
could produce as his own authority, warranting the most outrageous
of their own measures, and as arguments for every fresh
encroachment upon the constitutional freedom of the people, which
their suspicions supposed necessary to protect them from the
consequences of their crimes. They had long wished for a standing
army. Charles had seen its efficacy in France. The present was
reckoned a proper time for procuring this royal defence of order in
Scotland. His majesty therefore wrote to his right trusty and well
beloved councillors, informing them that, after the full and
satisfactory information he had received from the lords they had
sent to court, he “again” approved of their proceedings and care,
and assured them of his favour, assistance, and protection upon all
occasions. “And for the more effectual demonstration thereof,” the
royal epistle went on to say, “We find it necessary to signify to you,
and by you to our people, that we are firmly resolved to own and
assert our authority, so as it may equally encourage you and
discourage all such as by seditious practices endeavour to asperse
you and lessen our authority and prerogative. And finding by good
information that the phanatics there expecting encouragement from
such as oppose you, and taking advantage of the present juncture of
affairs here,[108] have of late, with great insolence, flocked together
in open and field-conventicles, these rendezvouses of rebellion, and
have dared to oppose our forces. Though we neither need nor do
fear such insolent attempts, yet from a just care of our authority and
kindness to our subjects there, We have thought fit to order some
more forces to be levied; and for that effect we have commanded
the lords of our treasury for raising and maintaining these troops at
our charges.”
107. A convention differed from a parliament in this—it was summoned for one
specific purpose, and could not interfere with any thing else—in general, only
to grant money. Nor does it appear that although they could authorize the
levying a subsidy from the subject, that they had any right to look after its
management by the crown; the delegates to a convention, also, were
generally nominated by persons in power.

108.
Referring to the popish plot which about this time agitated the English nation
and parliament.

Agreeably to this communication, a proclamation was issued,

convoking a convention, the bare-faced irony of which would be
ludicrous, did not its wickedness of purpose excite other and rather
more unpleasant sensations. In it he repeated his fulsome, because
false, protestations of the great kindness he bore to his ancient
kingdom; “and considering that all kings and states did carefully
secure themselves and their people by providing against all such
foreign invasions and intestine commotions as might make them a
prey to their enemies; and that it was not a fit time that Scotland
alone should remain without defence, especially when these
execrable field-conventicles, so justly termed rendezvouses of
rebellion, did still grow in numbers and insolence, against which all
our present forces would not in reason be thought a suitable
security. Therefore he called a convention of the estates of that
kingdom, to meet at Edinburgh upon the 26th of June, to provide for
the safety of the kingdom, by enabling him to raise more forces.”
During the absence of almost all the nobles and influential men
who had gone with them to London, and from whom any formidable
opposition could have arisen, Lauderdale’s friends hurried on the
elections, so that when the convention met, he was possessed of an
obedient and overwhelming majority. Eager to evince their loyalty,
the chosen band declaring themselves the echoes of the public
voice, “and considering the many frequent and renewed professions
to serve his majesty with their lives and fortunes, in the
maintenance of his honour and greatness; and that now there was
an opportunity offered to them, to make good their professions of
their zeal, duty, and affection;” “and to let the world see the
unanimous affection of his ancient kingdom for the maintenance of
his majesty’s royal greatness, authority, and government in church
and state, as established by the laws of the kingdom, they did
humbly beseech that his majesty would be graciously pleased to
accept the unanimous, ready, and cheerful offer, and humble tender,
of a new supply of eighteen hundred thousand pounds, Scots, to be
raised and paid in five years, according to the present
valuations.”[109] The act was very unpalatable to the country
generally, as they viewed not only the army as the ready instrument
of tyranny, but as a reward to the servile party who supported
Lauderdale, and to the prelatists who alone would obtain for their
poor relations and friends commissions in the army, and share
among themselves the donations of the convention.
109.
The monthly assessments of six thousand pounds introduced by Cromwell,
were retained, and are still observed as the rate at which the land-tax is
imposed. Laing, vol. iv. p. 93. The sum, therefore, here voted, was in our
money £30,000 per ann. for five years, and might be in real about five times
the nominal value. The number of militia to be drawn at this time, was one-
fourth part of the whole, 5000 foot and 500 horse—the pay, six shillings,
Scots, ilk day for the foot; eighteen shillings, Scots, for each horseman.
 With the Presbyterians, its tendency was disastrous. Payment of
cess became a new and bitter source of contention among the
already too much divided sufferers. As the object for which the
money was to be raised, was expressly stated to be for the
suppression of conventicles; or, as the most strenuous opponents of
the measure justly interpreted it, for preventing the preaching of the
gospel, they at once, and without circumlocution, declared it
unlawful to submit in any manner to the exaction. The impositions of
tyrants, enacted for promoting their wicked designs against religion
and liberty, said they, are iniquitous; therefore it is improper to pay
them, especially when these designs are particularly specified and
openly avouched in the acts which require them. No act can be
binding if imposed upon a people by persons calling themselves their
representatives, when they are not truly so, but placed in their
situations by those who have broken all their engagements, betrayed
their country, its religion, liberty, property, and all private interests,
have enslaved the nation, and, by means of these taxations, will be
enabled to perpetuate that slavery. Should it be replied, ‘that Christ
paid custom, lest he should offend, and taught us to render to Cesar
the things that are Cesar’s, and to God the things that are God’s;’ it
is sufficient to observe, that he never taught to give any thing to
Cesar in prejudice to that which is God’s; nor would it be much less
than blasphemy to say, that Christ would have paid, or permitted his
followers to pay, a tax professedly imposed for levying a war against
himself, banishing his gospel out of the land, and supporting the
scribes and pharisees and their underlings in their wicked attempts
against his disciples.
Others were of opinion that, as the money would be forcibly taken
from them, it was more adviseable to submit at once, rather than by
resistance to give their oppressors a legal pretence for not only
seizing to the amount of the tax, but perhaps double, in the name of
expenses; and as the deed was neither spontaneous, nor willingly
performed, the constrained action would come under the head of
suffering rather than of crime.
 A third party chose a middle course, and paid it with a declaratory
explanation or protest. Among these was Quintin Dick, portioner in
Dalmellington, described by Wodrow as an eminent Christian, and
prudent, wise, and knowing, far above most of his education and
station, who thus expresses himself:—“In this hour of darkness,
being much perplexed how to carry without scandal and offence, I
betook myself to God for protection and direction, that I might be
kept from any measure of denying Christ or staving off my trouble
upon any grounds but such as might be clearly warranted by the
word of God. After much liberty in pouring out my heart to God, I
was brought to weigh, that, as my paying of it might be by some
interpreted a scandal and a sinful acquiescence in the magistrate’s
sinful command; so, on the other hand, my refusing to pay it would
be the greater scandal, being found to clash against a known
command of God, of giving to all their due, tribute to whom tribute
is due; custom to whom custom is due; and knowing that Jesus
Christ for that very same end, to evite offence, did both pay tribute
himself and commanded his followers to do it, I could see no way to
refuse payment of that cess, unless I had clashed with that
command of paying tribute unto Cesar. So, to evite the scandal of
compliance on the one hand, and disobedience to the magistrate in
matters of custom on the other, I came to the determination to give
in my cess to the collector of the shire of Ayr where I lived, with a
protestation against the magistrate’s sinful qualification of his
commands, and a full adherence unto these meetings of God’s
people, called conventicles, which in the act he declared his design
to bear down. I had no sooner done this, but I was trysted with
many sharp censures from many hands, among which this was one,
that my protestation was only to evite sufferings, and could be of no
weight, being ‘protestatio contraria facto.’ But being truly persuaded
that it is the magistrate’s right to impose and exact cess and custom,
I could have no clearness to state my sufferings in opposition unto
so express a command of God. And as to the magistrate’s sinful
qualification—having so openly declared and protested against it—I
conceive the censure of this to evite suffering is altogether
groundless; seeing the enemy has (subscribed with my hand before
witnesses) a resolute adherence to that which they say this tends to
overthrow; and if he mind to persecute upon the ground of owning
conventicles, he has a fair and full occasion against me under my
hand.”
A few defended the refusal of payment upon the ground that the
convention having been a packed assemblage, consisting of persons
entirely under the influence of the crown—the chief and most
powerful Peers being necessarily absent, and the commissioners of
the shires and burghs returned through the sinful means of
corruption and bribery, by promises held out and favours bestowed,
by the managers and persons in power, for the purpose of
compassing their own base ends—they could not be considered as
the real representatives of the people, nor legally entitled to impose
burdens upon the lieges; and therefore the people were not
righteously obligated to pay.
Combined with the disputes relative to paying cess, were revived
with redoubled vigour the discussions anent hearing the indulged;
and “it was truly grievous to us,” laments one who was himself a
silent observer of what passed, “to see a young generation, endued
with great zeal towards God and his interests, so far led aside in the
improvement of it, as very little to know, or seldom to be taught,
meekness and patience under affliction for Christ’s sake, or charity
and mutual forbearance in love! And to such a length did these
heats come, that some did not stick to term the famous Mr John
Welsh, because he would not run so high upon public, yea personal,
acknowledgments of those steps of defection, an Achan in the
camp.”
Publications and preaching against each other succeeded, and the
minds of the wanderers began to be imbittered against the indulged,
who they thought were sitting at ease in Zion, while they were
combating upon the high places of the field. Another meeting of
ministers was therefore held at Glasgow in the end of harvest, when
fresh efforts were made by the aged veterans of the kirk to heal the
wounds under which their common mother lay bleeding; the more
distressing as inflicted by some of the most devoted of her sons. A
new and practical cause of dissension arose from the circumstances
of the times and the situation in which the preachers and people
were placed, which struck at the root of Presbytery itself, and that
was the conduct of the younger brethren. As the duties of
presbyteries and synods had been interrupted, the most popular
preachers and their followers acted entirely upon their own
responsibility, invaded the parishes of the indulged, preached as they
listed, without being subject to any inspection or control, and had
thus widened the unhappy rent, and given great advantage to the
common enemy. The meeting disapproved of the practice of
promiscuous preaching, any where or every where, as opportunities
presented, because, when they intruded on the parishes of the
indulged, they destroyed both the usefulness of their brethren,
whose charges they disturbed, and their own, by depriving both of
the restricted liberty they enjoyed, and which it was their duty to
improve.
Instead, they recommended that the whole of the “outted”
ministers, and those who had been regularly licensed by them,
should associate themselves together in classes, and that every fixed
preacher should belong to some class to which he should be subject
and responsible; and those who were unsettled, and so could not
ordinarily attend their own class or pseudo-presbytery, should attend
such other as providence did direct. They at the same time
disapproved of the last meeting at Edinburgh, being considered as
an authoritative meeting, and pronounced it to have been only “a
committee for consideration, and to report overtures to the general
meeting of correspondents, who they were to call upon occasion.”
Nevertheless, they were still of opinion, that the first foundation of
unity must be order, and that there is no other way of producing a
humble contrite temper, warming the already too much estranged
affections, and preventing the like or worse for the future, than that
the brethren who were moderate and like-minded, and who, they
blessed God, were yet the very far greater and better number,
should meet together and consult upon fit means for so desirable an
end. The west country ministers mentioned, likewise, that they were
in consultation with their brethren in the east, who had been
treating with them, and who were also breathing after unity and
peace.
What broke up these friendly communings, does not distinctly
appear; but a very untoward circumstance took place in the parish
of Monkland, near Glasgow, which certainly did not tend to promote
their object. On Sabbath, September 1st, the Rev. Mr Selkirk,
afterwards minister of the gospel at Crichton, had been requested by
the ministers of Glasgow to supply that parish, then vacant; but
when he attempted it, he was violently opposed and kept out of the
church by force, merely because he was favourable to the indulged,
on purpose that one of the young preachers under the patronage of
Mr Robert Hamilton, might have access to the pulpit to inveigh
against them.
Were it not upon record, and recorded too by authority of the
oppressors themselves, it would hardly be credited that many of the
best and most inoffensive men in the country were banished and
sold as slaves to the plantations, for no crime but simply because
they would not regularly attend their parish churches to hear men
preach, whom they believed incapable of instructing them in those
duties which they saw themselves daily outraging; and choosing
rather to assemble in the fields to wait upon the ministry of others
whom they preferred, by whose discourses they were enlightened
and edified, taught to live soberly, righteously, and godly in this
present world, and directed in those paths which lead to glory and
immortality in the next. Yet nearly one hundred persons, upon such
accusations, writers! farmers, merchants, men and women, were
delivered over, in the month of June this year, to Edward Johnstoun,
master of the Saint Michael of Scarborough, now lying at Leith, for
behoof of Ralph Williamson of London, who had given security to the
council to transport them to the Indies, where they were to continue
in servitude for life, and there to dispose of them to the best
advantage. Among these was the noted Alexander Peden, who had
laboured with great success in the north of Ireland. Having lain a
long time in Edinburgh jail, he petitioned the council to be permitted
to return to his old station, especially as he had been served with no
indictment, nor was he charged with holding either house or field-
conventicles in Scotland for twelve years. The council evinced their
character by their tender mercies. They answered his petition by
banishing him to the plantations for life, and ordained him “to lie in
prison till he be transported.” He was said to have been an
instrument of much good to his fellow-passengers, and cheered their
spirits with the hopes of deliverance when they reached London.[110]
110.
“Mr Peden was a man of prayer, of natural sagacity, of spiritual discernment,
and a great observer of the ways of Providence. He could foresee what
would be the result of certain measures, and what calamities foolish and
wicked men would bring upon themselves and others; and when such things
came to pass as he had foretold, his too credulous friends ascribed it to the
gift of prophecy. At the same time, I am not so wedded to my opinion on
this subject, as not to admit that men who lived in such intimate daily
communion with God as Mr Peden did, may have had presentiments of
things with regard to themselves and the church, of which Christians of a
lesser growth can form no conception.”—M’Gavin’s note to the Scots
Worthies, p. 516.

They were detained at sea five days longer than had been
calculated upon; and when they arrived, Mr Williamson who should
have received them was absent. Johnstoun, who had the charge of
their maintenance when there, not knowing how he was to be
reimbursed, and not being able to find any body to take them off his
hands, nor seeing any prospect of the agent, set them ashore, and
left them to shift for themselves. The English, who sympathized
much with them when they learned the cause of their sufferings,
afforded them every assistance; and the greater part of them
returned safely home after an absence of nine months—several of
them to suffer new hardships from their relentless persecutors.
Neither rank nor age were any protection against the cruelty of
these men, who, careless about the mischief they inflicted, imposed
upon the young oaths which they could not be supposed to
understand, and ordered them to subscribe bonds they could never
fulfil. The son of Lord Semple, at this time a student in Glasgow
College, had a young man for his private tutor, of uncommon
abilities and excellent character, to whom he was much attached.
Him the council summoned to appear before them; but he, aware of
the consequences, did not comply, and his pupil withdrew with him.
They were both served with a charge of law-burrows. The young
lord’s mother, however, who was a papist, interfered on his behalf,
and represented that her son, through the neglect of those to whom
he was recommended, or the corruption of the place, had been
seduced and poisoned with bad principles; she therefore craved that
they would recommend such persons as would watch over his loyalty
and estate during his minority, and they appointed the Bishop of
Argyle to provide a governor to that lord. Mr Wylie went abroad and
remained at some of the foreign universities with several other
pupils.
Alexander Anderson, a youth not sixteen years of age, was treated
more harshly, because he would make no compliances. He was sent
to the plantations. Yet he left a testimony behind him, which
deserves to be remembered, dated Canongate tolbooth, December
10th, this year. In it he remarked—“That he is the youngest prisoner
in Scotland; and that the Lord had opened his eyes and revealed his
Son in his heart since he came under the cross; that though he had
much difficulty to part with his friends and relatives, yet he had now
found, that fellowship with Christ did much more than balance the
want of the company of dearest relations; that though he was so
very young as that he could not be admitted a witness among men,
yet he hopes Christ hath taken him to be a witness to his cause. He
adheres to the work of reformation from popery and prelacy to the
National and Solemn League and Covenants; and witnesses against
the pulling down of the government of Christ’s house, and setting up
lordly prelacy, and joining with them; and adduces a good many
places of Scripture which he conceives strike against this practice.
He makes an apology that he who is but a child should leave any
thing of this nature behind him; but says he was constrained to it, to
testify that God perfects strength out of the mouth of babes. He
regrets the indulgence as what upon both sides had been matter of
stumbling and offence among good people; and declares his fears
that a black, dreadful day is coming upon Scotland: that it is good to
seek the Lord and draw near to him. He leaves his commendation to
the cross of Christ, and blesses the Lord for carrying him through
temptations, and enabling him, one of the lambs of his flock, to
stand before great men and judges; and closes with good wishes to
all the friends of Christ.”
The Justiciary Court was this year engaged in equally cruel,
though, could we divest them of their horrors, we should say more
ludicrous transactions. “Eight or ten witches,” Lord Fountainhall tells
us, “were panelled, all of them, except one or two, poor miserable-
like women. Some of them were brought out of Sir Robert Hepburn
of Keith’s lands; others out of Ormiston, Crichton, and Pencaitland
parishes. The first of them were delated by those two who were
burnt in Salt-Preston in May 1678, and they divulged and named the
rest, as also put forth seven in the Lonehead of Leswade; and, if
they had been permitted, were ready to fyle by their delation sundry
gentlewomen and others of fashion; but the justices discharged
them, thinking it either the product of malice or melancholy, or the
devil’s deception, in representing such persons as present at their
field-meetings who were not there. Yet this was cried out on as a
prelimiting them from discovering those enemies of mankind.
However, they were permitted to name Mr Gideon Penman, who had
been minister at Crichton, but deprived for sundry acts of
immoralitie. Two or three of the witches constantly affirmed that he
was present at their meetings with the devil; and that when the devil
called for him, he asked, where is Mr Gideon, my chaplain? and that,
ordinarily, Mr Gideon was in the rear of all their dances, and beat up
those that were slow. He denied all, and was liberate upon
caution”—certainly the only way of disposing of this case in
consistency with common sense.
Yet were these poor unfortunates allowed to proceed with their
confessions, which were regularly registered against them. “They
declared the first thing the devil caused them do, was to renounce
their baptism; and by laying their hand on the top of their head, and
the other on the sole of their foot, to renounce all betwixt the two to
his service. But one being with child at the time, in her resignation,
excepted the child, at which the devil was very angry. That he
frequently kissed them, but his body was cold, and his breath was
like a damp air. That he cruelly beat them when they had done the
evil he had enjoined them—for he was a most wicked and barbarous
master. That sometimes he adventured to give them the
communion, or holy sacrament; the bread like wafers—the drink,
sometimes blood, and at other times black moss-water; and
preached most blasphemously. That sometimes he transformed
them into bees, ravens, and crows; and they flew to such and such
remote places. Their confessions,” his lordship gravely adds, “made
many intelligent, sober persons stumble much, what faith was to be
adhibite to them.” How any intelligent person could hesitate a
moment upon the subject, is strange; and it is humiliating and
lamentable to add, that by grave, intelligent judges “nine of these
women, upon their own confession (and so seemed very rational
and penitent) were sentenced to be strangled and then burnt,”
instead of being sent to some safe place of confinement to be dealt
gently with; and five of them were accordingly immolated between
Leith and Edinburgh, and other four burnt at Painston-moor, within
their own parish where they had lived.
A case came before the privy council, not long after, which it is
difficult to reconcile with the above, the proceedings were so
diametrically opposite. Cathrine Liddel brought a complaint against
Rutherford, baron-bailie, to Morrison of Prestongrange and David
Cowan in Tranent, for having seized her, an innocent woman,
defamed her as a witch, and detained her under restraint as a
prisoner, also that Cowan had pricked her with long pins, in sundry
places of her body, and bled and tortured her most cruelly. The bailie
pled that she had been denounced by other witches, laboured under
a mala fama, and therefore had been apprehended; and that she
and her son-in-law had consented to her being “searched” for the
vindication of her innocency. With regard to the pricker, he had
learned his trade from Kincaid, a famed pricker; he never exercised
his calling without the authority of a magistrate; his trade was not
condemned by any law, and all divines and lawyers, who have
written on witchcraft, acknowledge that there are such marks, and
therefore there may be an art for discerning them. But the
Chancellor remembered that he had formerly imprisoned the famous
Kincaid in Kinross, as a notorious cheat. The lords of the privy
council therefore first declared the woman innocent, and restored
her to her good name and fame, and ordered it to be publicly
intimated the next Sunday in her parish church; then reproved
Rutherford for his rashness, and forbade him in future to proceed in
such a manner, declaring that the use of torture by pricking or
otherwise was illegal; and, as a mark of their displeasure, ordered
the pricker to prison.
Considerable changes had taken place among the higher
authorities in Scotland this year. Since the appointment of Sir George
Mackenzie of Rosehaugh to be king’s advocate, Sir George
Mackenzie of Tarbet was appointed justice-general; Sir Thomas
Wallace of Craigie, lord justice-clerk; the Bishop of Galloway was
added to the committee for public affairs; Richard Maitland of Gogar,
Sir George Gordon of Haddo, and Drummond of Lundin, admitted
councillors; and the Marquis of Montrose made captain of the horse
guards.
 BOOK XIII.

JANUARY TO JUNE, A.D. 1679.

Public teachers and students required to take the oath of supremacy—A boy
imprisoned for refusing—Husbands punished for their wives’ contumacy—
Landlords for their tenants—Overtures of the council—Country put under
military law—Reprisals—Outrages of the commissioners of shires—Death of
Sharpe—Escape of Veitch—Murder of Inchdarnie.

Early in the beginning of the next year, (January 2, 1679,) the

council instructed the Archbishop of St Andrews and the Bishops of
Edinburgh and Aberdeen, to call before them the principals,
professors, and other office-bearers of their respective Universities,
and also all the masters of the public schools within their
boundaries, and require them to subscribe the oaths of allegiance
and supremacy, and the declaration owning the government of the
church by archbishops and bishops, and its establishment; which Mr
Alexander Dickson, professor of the Hebrew language in the College
of Edinburgh, Mr Heriot, teacher in the High School, Mr George
Sinclair, Leith, Mr Allan, his assistant, Mr Alexander Strang,
schoolmaster, Canongate, and Mr John Govan, his assistant, with Mr
James Scot, junior,—refusing to do, were all removed from their
respective charges, as examples to others; and it appears to have
had a salutary effect, as we do not read of any “pedagogues” after
this being prosecuted for contumacy. But it was again repeated and
urged by proclamation, that the due execution of their acts,
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