June.

Apostacy from the Protestant religion was held as a heinous crime in Scotland. By an act of James VI., all persons who had been abroad were enjoined, within twenty days after their return, to make public profession of their adherence to ‘the true faith;’ otherwise to ‘devoid the kingdom’ within forty days. By another statute of the same monarch, an apostate to popery was obliged to leave the country within forty days, ‘under highest pains.’

The faithfully Presbyterian Lord Advocate had now heard of a dreadful case in point. David Edie, formerly a bailie of Aberdeen, having been some years abroad, was come home a papist, everywhere boldly avowing his apostacy; nay, he might be considered as a trafficking papist, for he had written a letter to Skene of Fintry, containing the reasons which had induced him to make this disastrous change. Already, the magistrates of his native city had had him up before them on the double charge of apostacy and trafficking; but ‘he behaved most contemptuously and insolently towards them, saying: “They acted Hogan-Mogan-like; but he expected better times.”’ It was therefore become |1699.| necessary to take the severest measures with him, ‘to the terror of others to commit the like in time coming.’

On the 9th of November, David Edie was brought before the Privy Council, and charged by the Lord Advocate and Solicitor-general with the crime of apostacy, when he fully avowed his change of opinion, and likewise his having written on the subject to Skene of Fintry. He was consequently remitted to the Tolbooth of Edinburgh, to remain there a prisoner during the pleasure of the Council. They were, however, comparatively merciful with the ex-bailie, for, five days later, they called him again before them, and passed upon him a final sentence of banishment from the kingdom, he to be liberated in the meantime, in order to make his preparations, on his granting due caution for his departure within forty days.

July 17.

The tacksmen of the customs and their officers were of course far from being popular characters. The instinct for undutied liquors was strong in the Scotch nature, and would occasionally work to unpleasant results. Two waiters, named Forrest and Hunter, went at the request of the tacksmen to Prestonpans, to try to verify some suspicions which were entertained regarding certain practices in that black and venerable village. Finding several ankers of sack and brandy hid in the house of Robert Mitchell, skipper, they carried them to the Custom-house, and as they were returning, they were assailed by a multitude of men and women, who ‘fell desperately upon them, and did bruise and bleed them to ane admirable height,’ robbing them, moreover, of their papers and fourteen pounds of Scots money. Things might have been carried to a worse extremity, had not the collector and others come up and diverted the rabble. As it was, one of the men was so severely wounded, as to lie for some time after in the chirurgeon’s hands.

A few days after, information being given of an embezzlement at Leith, a few waiters were sent on the search, and finding a number of half-ankers of brandy in a chest in a house in the Coalhill, carried them off to the Custom-house, but were assailed on the way by a great rabble, chiefly composed of women, who beat them severely, and rescued the goods.

The Lord Advocate was ordered by the Privy Council to inquire into these doings, and take what steps might seem necessary.[[251]]

1699. July.

Whenever a gentleman at this time returned from France, he became an object of suspicion to the government, on account of his having possibly had some traffickings with the exiled royal family, with views to the raising of disturbances at home. The Earl of Nithsdale having come from that country in July, a committee of the Privy Council was sent to speak with him, and ‘report what they find in the said earl’s deportment in France or since he came therefrom.’ A few days afterwards, he was formally permitted ‘to go home and attend to his own affairs.’ In November, Graham of Boquhapple, having returned from France ‘without warrant from his majesty,’ was put up in the old Tolbooth, there to remain a close prisoner till further order, but with permission for his family and a physician to visit him. At the end of February, Graham, having given an ingenuous account of himself as a worn-out old soldier of the Revolution, was liberated.[[252]]