they defigned to keep the matter fo, that the 1662. Prefbyterians fhould be poffeffed with many fcruples on this head; and that, when any of the party fhould be brought before them, whom they believed in fault, but had not full proof againft, the oath fhould be tendred as the trial of their allegiance, and that on their refufing it they fhould cenfure them as they thought fit. So the Minifters petition was rejected, and they were required to take the oath as it ftood in the law, without putting any fenfe upon it. They refufed to do it, and were upon that condemned to perpetual banishment, as men that denied allegiance to the King. And by this an engine was found out to banifh as many as they pleafed: For the refolution was taken up by the whole party to refufe it,' unless with an explanation. So foon did men forget all their former complaints of the feverity of impofing oaths, and began to fet on foot the fame practices now, when they had it in their power to do it. But how unbecoming foever this rigour might be in laymen, it was certainly much more indecent when managed by Clergymen. And the fupremacy which was now turned against the Prefbyterians was, not long after this, laid much heavier on the Bifhops themfelves: And then they defired an explanation, as much as the Prefbyterians did now, but could not obtain it.

The Parliament was not fatisfied with this oath: For they apprehended, that many would infer, that, fince it came from England, it ought to be understood in the publick and established sense of the words that was pafs'd there, both in an article of doctrine and in an act of Parliament. Therefore another oath was likewife taken from the English pattern, of abjuring the Covenant; both the League and the national Covenant. It is true, this was only impofed on men in the magiftracy, or in publick employments. By it all the Prefbyterians were turned out: For this oath was decried

· by

1652. by the Minifters as little lefs than open apoftacy from God, and a throwing off their baptifmal Covenant.

Debates

about an

The main bufinefs of this feffion of Parliament, now that Epifcopacy was fettled, and thefe oaths act of in were enacted, was the paffing of the act of indemnity. demnity. The Earl of Midletoun had obtained of the King an inftruction to confent to the fining of the chief offenders, or to other punishments not extending to life. This was intended to enrich him and his party, fince all the rich and great offenders would be ftruck with the terror of this, and choofe rather to make him a good prefent, than to be fined on record, as guilty perfons. This matter was debated at the Council in Whitehall. The Earls of Lauderdale and Crawford argued against it. They faid, the King had granted a full indemnity in England, out of which none were excepted but the regicides: It feemed therefore an unkind and an unequal way of proceeding towards Scotland, that had merited eminently at the King's hands ever fince the year 1648, and fuffered much for it, that the one Kingdom fhould not have the fame measure of grace and pardon that was granted in the other. The Earl of Midletoun anfwered, that all he defired 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 fmall, and too much charged, to repair their loffes: So the King had no other way to be just to them, but to make their enemies pay for their rebellion. Some plaufible limitations were offered to the fines to which any fhould be condemned; as that they fhould be only for offences committed fince the year 1650, and that no man fhould be fined in above a year's rent of his eftate. These were agreed to. So he had an inftruction to pafs an act of indemnity, with a power of fining reftrain'd to these rules. There was one Sir George Mackenzie,

kenzie, fince made Lord Tarbot and Earl of Cro- 1662. marty, a young man of great vivacity of parts, but full of ambition, and had the art to recommend himself to all fides and parties by turns, and has 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. Primrose 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 fide that was depreffed, that fo in the next turn he might fecure 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 bufinefs of reftoring Episcopacy in a flow progrefs. He had formed a scheme, by which it would have been the work of seven years. But the Earl of Midletoun's heat, and Sharp's vehemence, spoiled all his project. The Earl of Midletoun after his own difgrace faid often to him, that his advices had been always wife and faithful: But he thought Princes were more fenfible of fervices, and more apt to reflect on them, and to reward them, than he found they were.

fome

might be

When the fettlement of Epifcopacy was over, It was dethe next care was to prepare the act of indemnity. fired that Some propofed, that, befides the power of fining, they should move the King, that he would con- incapaci sent to an inftruction, impowering them likewife tated. to put fome under an incapacity to hold any publick truft. This had never been propofed in publick. But the Earl of Midletoun pretended, that many of the best affected of the Parliament had propofed it in private to himfelf. So he fent the Lord Tarbot up to the King with two draughts of an act of indemnity, the one containing an exception of fome perfons to be fined, and the other

con

1662. containing likewife a claufe for the incapacitating of fome, not exceeding twelve, from all publick truft. He was ordered to lay both before the King The one was penned according to the Earl of Midletoun's inftructions: The other was drawn at the defire of the Parliament, for which he prayed an instruction, if the King thought fit to approve of it. The Earl of Lauderdale had no apprehenfion of any defign against himself in the motion. So he made no objection to it. And an inftruction was drawn, impowering the Earl of Midletoun to pafs an act with that claufe. Tarbot was then much confidered 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 fet up in the Earl of Lauderdale's room, who was then fo much hated, that nothing could have preferved him but the courfe 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 whofe wild and ungoverned extravagancies the Earl of Midletoun's whole conduct fell under fuch an univerfal odium and fo much contempt, that, as his own ill management forced the King to put an end to his miniftry, fo he could not have served there much longer with any reputation.

One inftance of unufual feverity 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 poffefs the King against him by many lies: But he faid, he had now difcovered them, and had defeated them, and had gained the perfon upon whom the chief among them depended. This was the Earl of Clarendon, upon whom the Earl of Berkshire had wrought fo much, that he refolved to oppofe his reftoration no more: And for this the Earl of Berkshire was

to

to have a thousand pounds. This letter was car- 1662. ried into the Parliament, and complained of as leafing-making; fince Lord Lorn pretended, he had discovered the lies of his enemies to the King, which was a fowing diffenfion between the King and his fubjects, and the creating in the King an ill opinion of them. So the Parliament defired, the King would fend him down to be tried upon it. The King thought the letter very indifcreetly writ, but could not fee any thing in it that was criminal. Yet, in compliance with the defire of fo zealous a Parliament, Lord Lorn was fent down upon his parole: But the King writ pofitively to the Earl of Midletoun, not to proceed to the execution of any fentence that might pafs upon him. Lord Lorn upon his appearance was made a prifoner: And an indictment was brought against him for leafing-making. He made no defence: But in a long fpeech he fet out the great provocation he 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 reprefent him as unworthy of his grace and favour: So, after all that hard ufage, it was no wonder, if he had writ with fome fharpness: But he protefted, he meant no harm to any perfon; his defign being only to preferve and fave himself from the malice and lies of others, and not to make lies of any. In conclufion, he fubmitted to the juftice of the Parliament, and caft himself on the King's mercy. He was upon this condemned to die, as guilty of leafing-making: And the day of his Lorn conexecution was left to the Earl of Midletoun by demned. the Parliament.

I never knew any thing more generally cried out on than this was, unless it was the fecond fentence pass'd on him twenty years after this, which had more fatal effects, and a more tragical conclufion. He was certainly born to be the fignaleft inftance in this age of the rigour, or rather of

the