Page:Dictionary of National Biography volume 08.djvu/339

 He was entirely opposed to the shameful measure of quartering the highland host upon the disaffected western shores, and had sent none of his men to join it. Accordingly, on 7 June 1679, he received an order from the council to leave his highland expedition and at once repair with all his forces to Linlithgow's camp. The language of this peremptory notice points to considerable suspicion on the part of the council as to his intentions (Hist. MSS. Comm. 6th Rep. 622 b). There is, however, no account of his being present at the fights of Drumclog, of Bothwell Brigg, or at any of the operations against the insurgents. Doubtless his slackness increased the animosity of the government. He was, however, in 1680 one of the lords of the secret committee, which was in constant communication with Lauderdale (Lauderdale Papers, 23247, f. 22). In 1680 James, whose sitting in the council without taking the oath of allegiance he had strongly opposed in the previous year (ib. 23245, ff. 3, 5), came as high commissioner to Scotland, and a parliament was held in 1681, Argyll bearing the crown at the opening on 13 Aug. He was, too, a member of the committee of religion in this parliament (, iii. 291). It seems probable that his downfall had been already determined upon. Mackenzie, writing to Lauderdale on 17 Feb., represents James as much displeased with a paper he handed in upholding Argyll's right in some ‘affair of the highlands’ (Lauderdale Papers, 23245, f. 86). James expressly states that the king thought his power too great for any one subject, his hereditary judicatories practically rendering him the real king of a large part of the west of Scotland. He had, too, but few friends among the nobles, while his arbitrary and selfish conduct in his own courts and his policy in the highlands, especially against the McCleans, had occasioned a confederacy of principal highland chiefs against him (, Hist. Notices, p. 108). Moreover, he was the prominent representative of the staunch protestant interest, and as such was obnoxious to James. Argyll, however, assured James that he would firmly adhere to his interest, and we find his signature, on 17 Feb., to a letter of the council to Charles, in which the doctrine of the divine right is asserted in its extremest form. James also paid a solemn visit of ceremony to Argyll at Stirling in this same month (, Hist. Observes, p. 27). In his declaration to James, however, he expressly reserved his loyalty to the protestant religion, a reservation met by the duke with marked coldness. In the first two acts that were passed, to secure the observance of all the laws against popery and the unalterable succession to the crown, Argyll eagerly concurred. In the first, however, parliament, in deference to James, omitted the clause ‘and all acts against popery.’ Argyll moved its restoration, and thus still further discredited himself in James's eyes. With regard to the second, a test was enacted compelling all who served in church or state to declare their firm adherence to the protestant religion. To this the court party subjoined a recognition of the supremacy, and a disavowal of all resistance without the king's authority, or attempts to change the government either in church or state. Argyll opposed this addition to the multiplicity of oaths, and especially the proposal to exempt the royal family from the action of the test, desiring that the exemption might be confined to James himself. The act passed, however, and Argyll was called upon to take the test. He was warned by Paterson, bishop of Edinburgh, that his opposing the exemption had ‘fired the kiln,’ and that a refusal now would insure his ruin. In the late parliament he had been significantly attacked. Erroll gave in a claim for a large sum, for which, he said, he had been cautioner in favour of Argyll's father; and an act was brought in to take from him his heritable judicatories, which had twice been confirmed, in 1663 and 1672. This failing, a special commission was proposed by parliament, having parliamentary power, to investigate Argyll's right, and to examine, or rather resume, the gift of his father's forfeiture; but the illegality was so patent that James quashed it (, iii. 313). When parliament rose it was determined to get a commission from Charles for the same purpose, but this design was again frustrated. He now wrote for leave to come to court; this was refused until he should take the test, and on 1 Nov. his name was omitted in the new list of lords of session (, Hist. Observes, p. 51). As privy councillor and commissioner of the treasury he was now forced to declare himself. He was suddenly cited by one of the clerks of council to take the oath; he remonstrated with James, as the interval allowed had not elapsed, and was abruptly informed that he must appear next council day, 3 Nov. He would have given up his employments in preference, but his various public and private engagements prevented it. He therefore took and signed the oath, which was a mass of contradictions, ‘so far as consistent with itself and the protestant faith,’ but refused to bind himself against ‘endeavouring any alteration of advantage’ to church and state not