1660. sures that were to be taken. For the greater part they complied, and redeemed themselves from farther vexation by such presents as they were able to make. And in these transactions Primerose and Fletcher were the great dealers. A parliament in Scotland. In the end of the year the earl of Midletoun came down with great magnificence: his way of living was the most splendid the nation had ever seen: but it was likewise the most scandalous; for vices of all sorts were the open practices of those about him. Drinking was the most notorious of all, 114 which was often continued through the whole night to the next morning: and many disorders happening after those irregular heats, the people, who had never before that time seen any thing like it, came to look with an ill eye on every thing that was done by such a set of lewd and vicious men. This laid in all men's minds a new prejudice against episcopacy for they, who could not examine into the nature of things, were apt to take an ill opinion of every change in religion that was brought about by such bad instruments. There had been a face of gravity and piety in the former administration, which made the libertinage of the present time more odious. 1661. The earl of Midletoun opened the parliament on the first of January with a speech setting forth the blessing of the restoration: he magnified the king's person, and enlarged on the affection that he bore to that his ancient kingdom: he hoped they would make suitable returns of zeal for the king's service, that they would condemn all the invasions that had been made on the regal authority, and assert the just prerogative of the crown, and give supplies for keeping up such a force as was necessary to secure the public peace, and to preserve them from the return of such calamities as they had so long felt. The parliament writ an answer to the king's letter full of duty and thanks. The first thing proposed was to name lords of the articles. In order to the apprehending the importance of this, I will give some account of the constitution of that kingdom. 1661. of the arti The parliament was anciently the king's court, The lords where all who held land of him were bound to ap- cles. pear. All sat in one house, but were considered as three estates. The first was the church, represented by the bishops, and mitred abbots, and priors. The second was the baronage, the nobility and gentry who held their baronies of the king. And the third was the boroughs, who held of the king by barony, though in a community. So that the parliament was truly the baronage of the kingdom. The lesser barons grew weary of this attendance: so in king James the first's time (during the reign of Henry IV. of England) they were excused from it, and were impowered to send proxies, to an indefinite number, to represent them in parliament. Yet they neglected to do this. And it continued so till king James the sixth's time, in which the mitred abbots being taken away, and few of the titular bishops that were then continued appearing at them, the church lands being generally in lay hands, the nobility carried matters in parliament as they pleased: and as they oppressed the boroughs, so they had the king much under them. Upon this the lower barons got them-115 selves to be restored to the right which they had neglected near two hundred years. They were allowed by act of parliament to send two from a 1661. county only some smaller counties sent but one. This brought that constitution to a truer balance. The lower barons have a right to choose, at their county courts after Michaelmas, their commissioners, to serve in any parliament that may be called within that year. And they who choose them sign a commission to him who represents them. So the sheriff has no share of the return. And in the case of controverted elections the parliament examines the commissions, to see who has the greatest number, and judges whether every one that signs it had a right to do so. The boroughs only choose their members when the summons goes out: and all are chosen by the men of the corporation, or, as they call them, the town council. All these estates sit in one house, and vote together. Anciently the parliament sat only two days, the first and the last. On the first they chose those who were to sit on the articles, eight for every state, to whom the king joined eight officers of state. These received all the heads of grievances or articles that were brought to them, and formed them into bills as they pleased: and on the last day of the parliament, these were all read, and were approved or rejected by the whole body. So they were a committee that had a very extraordinary authority, since nothing could be brought before the parliament but as they pleased. This was pretended to be done only for the shortening and dispatching of sessions. The crown was not contented with this limitation, but got it to be carried farther. The nobility came to choose eight bishops, and the bishops to choose eight noblemen : and these sixteen choose the eight barons, (so the representatives for the shires are called,) and the eight burgesses. By this means our kings did upon 1661. the matter choose all the lords of the articles. So entirely had they got the liberties of that parliament into their hands. During the late troubles they had still kept up a distinction of three estates, the lesser barons making one: and then every estate might meet apart, and name their own committee: but still all things were brought in, and debated in full parliament. So now the first thing proposed was, the returning to the old custom of naming lords of the articles. The earl of Tweedale opposed it, but was seconded only by one person. So it passed with that small opposition. Only, to make it go easier, it was promised, that there should be frequent sessions of parliament, and that the acts should not be brought in in a hurry, and carried with the haste that had been practised in former times. The acts The parliament granted the king an additional 116 revenue for life of 40,000l. a year, to be raised by passed in an excise on beer and ale, for maintaining a small this session. force upon which two troops and a regiment of foot guards were to be raised. They ordered the marquis of Montrose's quarters to be brought together and they were buried with great state. They fell next upon the acts of the former times that had limited the prerogative: they repealed them, and asserted it with a full extent in a most extraordinary manner. Primerose had the drawing of these acts. He often confessed to me, that he thought he was as one bewitched while he drew them: for, not considering the ill use might be made of them afterwards, he drew them with preambles full of extravagant rhetoric, reflecting severely on the pro 1661. ceedings of the late times, and swelled them up with the highest phrases and fullest clauses that he could invent. In the act which asserted the king's power of the militia, the power of arming and levying the subjects was carried so far, that it would have ruined the kingdom, if Gilmore, (an eminent lawyer, and a man of great integrity, who had now the more credit, for he had always favoured the king's side,) had not observed that, as the act was worded, the king might require all the subjects to serve at their own charge, and might oblige them, in order to the redeeming themselves from serving, to pay whatever might be set on them. So he made such an opposition to this, that it could not pass till a proviso was added to it, that the kingdom should not be obliged to maintain any force levied by the king, otherwise than as it should be agreed to in parliament, or in a convention of estates. This was the only thing that was then looked to: for all the other acts passed in the articles as Primerose had penned them. They were brought into parliament: and upon one hasty reading them they were put to the vote, and were always carried. One act troubled the presbyterians extremely. In the act asserting the king's power in treaties of peace and war, all leagues with any other nation, not made by the king's authority, were declared treasonable and in consequence of this, the league and covenant made with England in the year 1643 was condemned, and declared of no force for the future. This was the idol of all the presbyterians: so they were much alarmed at it. But Sharp restrained all those with whom he had credit: he told them, the only way to preserve their government |