When Argyle took the test as a privy counsellor, he subjoined, in the duke’s presence, an explanation, which he had beforehand communicated to that prince, and which he believed to have been approved by him. It was in these words “I have considered the test, and am very desirous of giving obedience as far as I can. I am confident that the parliament never intended to impose contradictory oaths: therefore I think no man can explain it but for himself. Accordingly, I take it as far as it is consistent with itself and the Protestant religion. And I do declare, that I mean not to bind myself, in my station, and in a lawful way, from wishing and endeavoring any alteration which I think to the advantage of church or state, and not repugnant to the Protestant religion and my loyalty: and this I understand as a part of my oath.” The duke, as was natural, heard these words with great tranquillity: no one took the least offence: Argyle was admitted to sit that day in council: and it was impossible to imagine, that a capital offence had been committed, where occasion seemed not to have been given so much as for a frown or reprimand. Argyle was much surprised, a few days after, to find that a warrant was issued for committing him to prison; that he was indicted for high treason, leasing-making, and perjury; and that from these innocent words an accusation was extracted, by which he was to forfeit honors, life, and fortune. It is needless to enter into particulars where the iniquity of the whole is so apparent. Though the sword of justice was displayed, even her semblance was not put on; and the forms alone of law were preserved, in order to sanctify, or rather aggravate, the oppression. Of five judges, three did not scruple to find the guilt of treason and leasing-making to have been incurred by the prisoner: a jury of fifteen noblemen gave verdict against him: and the king, being consulted, ordered the sentence to be pronounced, but the execution of it to be suspended till further orders. It was pretended by the duke and his creatures, that Argyle’s life and fortune were not in any danger, and that the sole reason for pushing the trial to such extremities against him was, in order to make him renounce some hereditary jurisdictions, which gave his family a dangerous authority in the highlands, and obstructed the course of public justice. But allowing the end to be justifiable, the means were infamous; and such as were incompatible, not only with a free, but a civilized government. Argyle had therefore no reason to trust any longer to the justice or mercy of such enemies: he made his escape from prison; and till he should find a ship for Holland he concealed himself during some time in London. The king heard of his lurking-place, but would not allow him to be arrested.[*] All the parts, however, of his sentence, as far as the government in Scotland had power, were rigorously executed; his estate confiscated, his arms reversed and torn.