ployments. By it all the presbyterians were turned 1662. out for this oath was decried by the ministers as little less than open apostasy from God, and a throwing off their baptismal covenant.

about an

The main business of this session of parliament, Debates now that episcopacy was settled, and these oaths act of inwere enacted, was the passing of the act of indem-demnity. nity. The earl of Midletoun had obtained of the king an instruction to consent to the fining of the chief offenders, or to other punishments not extending to life. This was intended to enrich him and his party, since all the rich and great offenders would be struck with the terror of this, and choose rather to make him a good present, than to be fined on record, as guilty persons. This matter was debated at the council in Whitehall. The earls of 147 Lauderdale and Crawford argued against it. They said, the king had granted a full indemnity in England, out of which none were excepted but the regicides it seemed therefore an unkind and an unequal way of proceeding towards Scotland, that had merited eminently at the king's hands ever since the year 1648, and suffered much for it, that the one kingdom should not have the same measure of grace and pardon that was granted in the other. The earl of Midletoun answered, that all he desired was in favour of the loyal party in Scotland, who were undone by their adhering to the king: the revenue of the crown was too small, and too much charged, to repair their losses: so the king had no other way to be just to them, but to make their enemies pay for their rebellion. Some plausible limitations were offered to the fines to which any should be condemned; as, that they should be only

i

1662. for offences committed since the year 1650, and that no man should be fined in above a year's rent of his estate. These were agreed to. So he had an instruction to pass an act of indemnity, with a power of fining restrained to these rules. There was one sir George Mackenzie, since made lord Tarbot and earl of Cromarty, a young man of great vivacity of parts, but full of ambition, [and very crafty,] and had the art to recommend himself to all sides and parties by turns, and [is yet alive, having] made a great figure in that country now above fifty years. He had great notions of virtue and religion: but they were only notions, at least they have not had great effect on himself at all times. He became now the earl of Midletoun's chief favourite. Primerose was grown rich and cautious: and his maxim having always been, that, when he apprehended a change, he ought to lay in for it by courting the side that was depressed, that so in the next turn he might secure friends to himself, he began to think that the earl of Midletoun went too fast to hold out long. He had often advised him to manage the business of restoring episcopacy in a slow progress. He had formed a scheme, by which it would have been the work of seven years [in a slow progress.] But the earl of Midletoun's heat and Sharp's vehemence spoiled all his project. The earl of Midletoun, after his own disgrace, said often to him, that his advices had been always wise and faithful: but he thought princes were more sensible of services, and more apt to reflect on them, and to reward them, than he found they were.

The printed book substituted and has made,

sired that

citated.

When the settlement of episcopacy was over, the 1662. next care was to prepare the act of indemnity. It was deSome proposed, that, besides the power of fining, some might they should move the king, that he would consent be incapa. to an instruction, empowering them likewise to put some under an incapacity to hold any public trust. This had never been proposed in public. But the 148 earl of Midletoun pretended, that many of the best affected of the parliament had proposed it in private to himself. So he sent the lord Tarbot up to the king with two draughts of an act of indemnity, the one containing an exception of some persons to be fined, and the other containing likewise a clause for the incapacitating of some, not exceeding twelve, from all public trust. He was ordered to lay both before the king: the one was penned according to the earl of Midletoun's instructions: the other was drawn at the desire of the parliament, for which he prayed an instruction, if the king thought fit to approve of it. The earl of Lauderdale had no apprehension of any design against himself in the motion. So he made no objection to it. And an instruction was drawn, empowering the earl of Midletoun to pass an act with that clause. Tarbot was then much considered at court, as one of the most extraordinary men that Scotland had produced, and was the better liked, because he was looked on as the person that the earl of Midletoun intended to set up in the earl of Lauderdale's room, who was then so much hated, that nothing could have preserved him but the course that was taken to ruin him. So lord Tarbot went back to Scotland. And the duke of Richmond and the earl of Newburgh went down with him, by whose wild and ungoverned extrava

1662. gancies the earl of Midletoun's whole conduct fell under such an universal odium, and so much contempt, that, as his own ill management forced the king to put an end to his ministry, so he could not have served there much longer with any reputation.

One instance of unusual severity was, that a letter of the lord Lorn's to the lord Duffus was intercepted, in which he did a little too plainly, but very truly, complain of the practices of his enemies in endeavouring to possess the king against him by many lies but he said, he had now discovered them, and had defeated them, and had gained the person upon whom the chief among them depended. This was the earl of Clarendon, upon whom the earl of Berkshire had wrought so much, that he resolved to oppose his restoration no more: and for this the earl of Berkshire was to have a thousand pounds. This letter was carried into the parliament, and complained of as leasing-making; since lord Lorn pretended, he had discovered the lies of his enemies to the king, which was a sowing dissension between the king and his subjects, and the creating in the king an ill opinion of them. So the parliament desired, the king would send him down to be tried upon it. The king thought the letter very indiscreetly writ, but could not see any thing in it that was criminal. Yet, in compliance with 149 the desire of so zealous a parliament, lord Lorn was sent down upon his parole: but the king writ positively to the earl of Midletoun, not to proceed to the execution of any sentence that might pass upon him. Lord Lorn, upon his appearance, was made a prisoner and an indictment was brought against him for leasing-making. He made no defence: but

in a long speech he set out the great provocation he 1662. had been under, the many libels that had been printed against him: some of these had been put in the king's own hands, to represent him as unworthy of his grace and favour: so, after all that hard usage, it was no wonder, if he had writ with some sharpness: but he protested, he meant no harm to any person; his design being only to preserve and save himself from the malice and lies of others, and not to make lies of any. In conclusion, he submitted to the justice of the parliament, and cast himself on the king's mercy. He was upon this condemned to Lorn condie, as guilty of leasing-making: and the day of his execution was left to the earl of Midletoun by the parliament.

I never knew any thing more generally cried out on than this was, unless it was the second sentence passed on him twenty years after this, which had more fatal effects, and a more tragical conclusion. He was certainly born to be the signalest instance in this age of the rigour, or rather of the mockery, of justice. All that was said at this time to excuse the proceeding was, that it was certain his life was in no danger. But since that depended on the king, it did not excuse those who passed so base a sentence, and left to posterity the precedent of a parliamentary judgment, by which any man may be condemned for a letter of common news. This was not all the fury with which this matter was driven for an act was passed against all persons, who should move the king for restoring the children of those who were attainted by parliament; which was an unheard-of restraint on applications to the king for his grace and mercy. This the earl

demned.