As a brief recapitulation of Boog’s case, the writer says: ‘He was
actually in the rebellion; continued in that state for four years; and
now comes in with a false, sham certificate to fool the judges. For,
being desired to give his oath that he had taken the bond, he positively
refused. Being asked if Bothwell Bridge was a rebellion, refused to
declare it so. Or the Bishop’s murder, a murder. And positively refused,
in the face of the Court, the benefit of the King’s indemnity by taking
the Test. Upon which the Judges, moved by the outcry of all the
bystanders, as by their conviction of the wickedness of the man,
referred the matter to the knowledge of an inquest, who brought him in
guilty. After which, he begged to acknowledge his folly; and offered to
take the Test, with the old gloss,—“as far as it consisted with the
Protestant religion, and the glory of God.” And after that was refused
him, offered in end to take it any way. By all which it clearly appears,
that he would do anything to save his life, but nothing to be reconciled
to Government.’
After having thus summarised the heads of the case, Claverhouse proceeds
to justify the action of the Government in not allowing men to take the
Test after they were condemned. All casuists agree, he says, that an
oath imposed where the alternative is hanging cannot in any way be
binding; and it may consequently be supposed that they who refused it
when they had the freedom of choice, and took it after being condemned,
did it only because they thought themselves not bound to keep it. In
point of prudence, too, he argues, such leniency would be misplaced and
pernicious; it would leave it in the power of the disaffected to
continue all their tricks up to the very last day fixed for taking
benefit of the indemnity, and then, if they should be apprehended and
condemned, enable them to escape the punishment of their treason by
taking the Test. Against this he protests as turning the whole thing
into ridicule; ‘for great clemency has, and ought to be, shown to people
that are sincerely resolved to be reclaimed, but the King’s indemnity
should not be forced on villains.’ As to the effect which severity in
Boog’s case might produce, Claverhouse scouts the idea that it would
deter others from ‘coming in’; and in support of his opinion to the
contrary, he points to the actual fact that twenty have taken the Test
since the man was condemned, and that the ‘terror of his usage’ is
generally looked upon as likely to induce many more to submit.
Public-domain text, read in full here on John Shaqi.
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