these disorders, &c. he refused the same. Whereupon the committee reported, that they find him "self-convicted and selfwilled, and refractory to the church, and to the deference and respect he ought to have to the same; and that, therefore, he ought to be proceeded against as a disorderly person, self-convicted and self-willed, and refusing to be reclaimed."*

Mr. Hepburn denied the justice of the above conclusions, and the commission appointed another committee, to which he gave in a paper, explanatory of his views upon the various propositions contained in these conclusions, and, after various conversations, this committee seems to have been inclined to deal tenderly rather than harshly both with Mr. Hepburn and the people adhering to him, though Messrs. Veitch and Paton gave in a representation against him on the part of the presbytery of Dumfries, and protested against the lenity that had already been shown to him. The commission, however, did put it to a vote, "whether the libel, as confessed, was relevant to infer a censure?" which was carried in the affirmative; but, Mr. Hepburn having made some concessions, the commission delayed the process till the first Wednesday of September. This was at the meeting in July.

Owing to family circumstances, Mr. Hepburn could not attend the commission in September, and they passed an act citing him anew to appear before them the first Wednesday of December, which he did, and gave in a paper requesting a committee of ministers and elders to come into Nithsdale, and confer with the people upon the matters in dispute. To this request the commission acceded, and a committee of ministers and elders met at Sanquhar in the beginning of February, 1705, and spent a whole week with the leaders of the party so amicably, that both parties were led to hope that the evils of which they complained would be removed, and an agreeable and comfortable communion restored.

Encouraged by these favourable appearances, the people drew up shortly what would be entirely satisfactory, and restore them cordially to the bosom of the national church, 1st,

* Humble Pleadings, p. 217.

"That the assembly would be pleased to take into consideration the acknowledgment of sins made at the last renovation of the covenants at Lesmahago anno 1689, and digest the same into an act for a national fast, or would imitate the former actings of this church in her purest times, with respect to the then compliances, which would greatly ease us as to several grievances. 2d, That the assembly would ratify these acts anent the magistrates, their being obliged to take our covenants before their instalment in their respective offices and places; and would suitably testify their resentment of omissions in this point as to what is past. 3d, That the assembly would approve all the faithful witnessings and contendings of the Lord's people in our late times, in adhering to the covenanted work of reformation, from Mr. James Guthrie to Mr. James Renwick inclusive. 4th, That the assembly would by an act assert the divine right of presbytery, with our Lord Jesus Christ's alone headship in and over the church, and the church's intrinsic power flowing therefrom, containing in it a testimony against what usurpation hath formerly been made either on the one or the other. 5th, That all possible means be used by this church, for purging her of corrupt officers and members, by inflicting censures impartially, according to scripture and former practice of the church, especially upon abjured curates allowed by authority. 6th, That the binding obligation of our covenants be asserted by an act of assembly, and some methods laid for their renovation, so as may be most for God's glory, his church's good, and the satisfaction of his people. 7th, That christian methods be fallen on by the assembly for removing offence given by ministers swearing the allegiance and assurance. 8th, That the assembly judicially and practically approve, and doctrinally confirm, with relation to our present circumstances, what is written by Messrs. Gillespie and Binning against sinful associations. 9th, That the assembly take care to have all good acts for discipline put in practice, especially in the south and west of Scotland. 10th, That the commission be regulate so as there may be a just proportion of members from presbyteries, and so limited in their instructions as they may not be capable to prejudge the church, and that the most pious and serious be put upon it, &c.

11th, That the assembly would rectify all the laudable acts of this church betwixt 1638 and 1649 inclusive."*

This paper the committee, after reading, refused to receive, as beyond their instructions, and the conference broke up, but in a very friendly manner, each of the parties apparently having made a favourable impression on the other. The conduct of the committee was also approved of by the commission, from which they were honoured with a vote of thanks, and on Mr. Hepburn's compearance, from the favourable statements of the committee, his sentence was delayed, and the whole affair referred to the assembly, which was to meet at Edinburgh in the month of April following. Unfortunately, however, when the assembly met, it was not animated with the same friendly and healing spirit. The synods of Wigton and Dumfries had sent up representations of the most violent character, and their commissioner threatened, if Mr. Hepburn was not deposed, to resort to other measures "than had hitherto been taken, however unpleasant to themselves, and uneasy to the higher judicatures."+ Mr. Hepburn had previously been suspended, imprisoned, and banished-what other measures the commissioners would have resorted to may be guessed at, but they were not called upon to declare, for, though he offered to sign the Westminster Confession of Faith, as the confession of his faith; to confine himself, in the exercise of his ministerial functions, strictly to the parish of Urr; and though, for the benefit of the poor people adhering to him, among whom the seeds of peace and union, it was fondly hoped, had been sown by the committee that had met with them in the preceding February, he begged the appointment of another committee to perfect what had been so happily begun, and that they would in the mean time delay giving any sentence till the first quarterly meeting of the commission, they proceeded, on the ninth of April, 1705, to depose him from the office of the holy ministry, by an act, which certainly does not extenuate any of the charges laid against him, though some of them he expressly denied, and no probation, farther than

*Humble Pleadings, pp. 231, 233.

Ibid, pp. 231, 233.

his own confessions, was ever led. At the same time that the sentence of deposition was passed upon him, the queen's advocate craved the use of the process, which was granted accordingly.*

Against this sentence Mr. Hepburn entered his protest, and immediately thereafter, the parishioners of Urr declared their firm and faithful adherence to him, in a paper bearing the highest testimony to his worth as a christian, and his faithfulness as a minister. The same people, in the beginning of May, prepared a long protestation on his behalf, and appointed commissioners to give it in to the synod of Dumfries, which was expected to meet there upon the eighth of that month. Protestations were also prepared by many individuals, read on his behalf in the audience of the congregations where they respectively resided, and afterwards affixed to the church doors.t

Mr. Hepburn, in the mean time, returned to his parish, and exercised his ministry as if no such sentence had been passed upon him, and, as the Union was now upon the tapis, acquired additional popularity by pointing out the manifold mischiefs, particularly of a religious kind, with which he supposed it to be fraught. Nor did he content himself with merely preaching against it. He also, with his adherents, addressed her majesty's commissioner and honourable estates of parliament on the subject, in language brief but specific, and such as, there cannot be a doubt, spoke at that time the real feelings of the nation.‡

- This conduct could not fail to be highly offensive to the managers of church affairs, who, by their moderation, were peculiarly anxious to recommend themselves to the English ministry, yet Mr. Hepburn, and the people adhering to him, seem to have been so serious, so much disposed to a peaceable accommodation of their differences, and, at the same time, so firm in maintaining what they held to be the public cause of truth and the rights of conscience, as to have commanded the respect, if not the approbation, of a very great proportion

* Unprinted acts of the General Assembly, 1705. Humble Pleadings, &c. pp. 247, 248.

M

Ibid. &c. pp. 250-255.

of the ministers, as well as the members of the church of Scotland. Accordingly, we find the commission of the assembly this year, though they cited him before them, putting off his case from time to time, and at last referring it back to the assembly, which again gave it in charge to their commission. Before that commission Mr. Hepburn appeared, in the month of June, 1707, where, having expressed his opinion, that it would be for the edification of the church that he were reponed to his parish, as also his earnest desire to be so, they, at an adjourned meeting, in the month of August, after some days' serious deliberation, reponed him to his parish, which had also petitioned them to that effect. The commission seem to have acted with great caution, and to have had a sincere desire to promote the cause of truth and peace; but when their transactions were brought under the review of next assembly, they were attested according to the 6th act of the assembly, 1706, with this remark, "That there are such irregularities in the commission's procedure, in taking the sentence of deposition off Mr. John Hepburn, that the assembly do not approve the commission's taking off that sentence; and enjoin, That in time coming, commissions strictly observe the acts of assembly, and not transgress the same upon any pretence whatsomever; and empower the commission of this assembly to inquire into what has been Mr. Hepburn's deportment since he was reponed, and to proceed as they shall see cause.”* It does not appear that the commission felt themselves called upon to do any thing further in the matter, and Mr. Hepburn continued in the exercise of his ministry, exerting himself strenuously against what he considered the prevailing evils and defections of the time, which, far from being lessened, either in number or degree, were, from the unhappy complexion of succeeding administrations, greatly augmented, as we shall have occasion to remark in the sequel.

The above short retrospect brings us up to the first General Assembly after the Union, which, from the part presbyterians had acted with regard to the invasion, received this year,

* Unprinted acts of assembly, 1707.