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cxxiv GEORGE FIRST VISCOUNT OF TARBAT. [1630-
that stayed were of no manner of use. For several days there was no
mention of Presbytery by either party : although it was the general inclination
of the whole, yet both were afraid to mention it. Sir James Montgomerie,
however, in a set speech, declared what they generally wished, wherein
he told them that he knew there were instructions for settling religion, and
that he thought it was a shame to that meeting that it was not yet done.
He said that some were for one kind of Government and some for another ;
some were for a sort of Presbytery called Erastianism, like that of Holland.
But he told them there ought not to be, and could not be, any in Scotland but
Presbytery as it was established in 1648, which was not only according to
the Word of God, but best fitted to curb the extravagant power of kings
and arbitrary government, under which they had groaned for so many years.
The Jacobites were extremely surprised to hear him make this speech, but
he excused himself to them by telling them that there was no better way
of keeping the party, and that it would signify nothing, since he knew that
Lord Melville never durst pass it, though it came to be approved. So a
committee was appointed to receive all the forms of government that should
be brought before them, and to report their opinion of them ; and till this
was ready, the Parliament adjourned for some days.
When the Parliament met again, Sir James's proposal of settling of Pres-
bytery, upon the footing of 1648, was approved, and Lord Tarbat was ordered
to draw up the Act, which he did with a very rigorous narrative, so that
he was spoken of as being one of the worst of men — always professing him-
self to be an enemy to Presbytery, and yet establishing it upon the most
rigorous conditions that could be imagined. But the narrative was so violent
that neither party reflected upon his omitting that, upon excommunication,
the former power of the Church as to the escheats of the excommunicated per-
sons was excluded. For, in the former times of Presbytery, when persons

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