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tion, government, and discipline of this church, that very little was left to this session to do. And because I am to be very short upon the proceedings of this court, I shall begin with the change of their commissioner, the earl of Middleton, who had managed the two former sessions very much to the prelates' satisfaction.

The history of a church under the cross, can scarce be well given without intermixing something relating to the state, especially when the cross comes from the state, supporting corrupt churchmen; yet I have given, and shall insist upon as little of the civil history of this period, as is consistent with the reader's understanding the springs and circumstances of presbyterians' sufferings.

1663 clamation, October 7th, give an explication and restriction of it, to the penalty of twenty shillings Scots for absence, perhaps to quicken them to persecute, by binding them down to this particular. Their order runs, "forasmuch as the lords of council, in prosecution of the acts of parliament and council, for settling church government, and for preventing and suppressing the seeds of separation and disobedience to authority, did emit an act and proclamation, of the 7th of October last, and, by a clause of the said act, did give warrant to all noblemen, &c. and officers of the standing forces, to give their assistance and effectual concurrence to ministers, in their respective bounds, in charge of their office, and to put the laws in execution, and to exact the penalties expressed in the acts of parliament and council, from all persons transgressors thereof, within their respective parishes: the said lords, for the explanation of the foresaid act, and for clearing the power thereby given to the officers of the army, anent the exacting the penalties contained therein, do declare that the said officers of standing forces, shall have no power to exact any of the penalties contained in the said acts, except allenarly the penalty of twenty shillings Scots, from every person who stay from their own parish churches" whether he was sent to Scotland to be upon the Sabbath-day; which they are to a check upon the king, and control his exact in manner, and for the use contained orders?" The reason of this is, what was in the act of council." Wolves will not be remarked before, his concealing letters writ tamed; and when the soldiers were once to him, and stopping the proclamation anent let loose, we shall find they soon got over the fines. their restrictions, and no notice was taken of them for so doing. This year the council had many particular ministers, gentlemen and others before them; but those will afford matter for a section by themselves, if once I had given some account of the parliament this year.

SECT. III.

Of the acts of parliament, in as far as they
relate to the church, with some account of
Middleton's fall this year, 1663.
THE former two sessions of parliament had
done so much in overturning the re

Towards the close of the last year, the earl of Middleton hastes up to London, and quits the stage of Scotland, upon which he had acted a severe, rough, and unacceptable part, never to return to his native country again, as I am informed a country woman told him at Coldstream, when he passed by; from what art she had her information I know not, but she assured him, he would never have any more power in Scotland.

When he came to London, the king welcomed him with that angry question,

In a little time I find Lauderdale gave in a libel and charge of high treason against him, consisting of many particulars. One of them, I hear, was, that he had taken bribes from some of the greatest criminals in Scotland, to keep them out of the exceptions from the act of fines. The king was pleased to keep the issue of this controversy betwixt those two great men in his own breast, until the time of the parliament drew near. At length his patent for being king's commissioner is recalled; and, as we shall hear, the earl of Rothes is put in his And in December, after the parlia and the act of ballotting rescinded,

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his commissions, as governor of Edinburgh castle, and general of the forces in Scotland, are recalled, and he resigned all his places to his majesty's hands. The causes of this disgrace at this time were said to be, the act of fines, and the illegal manner of contriving it; the act that none should address themselves to his majesty in any matter, without first applying to the commissioner or council; the ballotting act incapacitating twelve persons of honour, from all places of trust and power; his uplifting and misapplication of some months' cess imposed

by the usurper; his misemploying the cess

Middleton had for his patrons

1663.

the duke of York, chancellor Hide,
and the bishops of England, whom he
had so much served in Scotland. It fared
no doubt the worse with Middleton, that
a party in England was about this time
a forming against the chancellor; and in
July, this year, the earl of Bristol and
others in parliament managed a charge of
high treason against him, and carried their
point so far, as he in some time resigned
Thus the grand introducers
of prelacy in Britain, began to fall about
the same time. Lauderdale was a com-
plete courtier, and had very much of his
master's good graces, and stood much by
the interest he had with Barbara Villiers,
first Mrs. Palmer, and then dutchess of
Cleveland, the king's she-favourite.

his places.

and excise, to the value of forty thousand pounds sterling; a missive letter of his to a certain delinquent in the late times, requiring him to pay a great sum of money to one of his friends, otherwise assuring him he should abide the highest pains of The earl of Middleton, in his own rough law; a letter of his to the duke of Ormond, way, uttered some expressions of his regard lord lieutenant in Ireland, desiring cor- to the duke of York, which were wanting in respondence and mutual assistance, when that respect he owed to the king: those Lauthere was need in either kingdom, without derdale failed not to improve. After a long any warrant; which letter, it is said, the and considerable struggle, Middleton, notduke sent over to his majesty: and lastly, withstanding of his great friends and remarkhis stopping the proclamation for prorogat- able services, fell before his rival, for whom ing the payment of the fines. Those were the king had a personal kindness and regard: alleged as the grounds of this great man's and he was obliged to live obscurely enough, fall; some of them are certain, the rest I until the governor's place of Tangier fell give as I find then in the memoirs of this vacant by the death of the lord Rutherford; period. Since the writing of this, I find the and as an honourable sort of banishment, carl of Lauderdale's charge and Middleton's | the king was prevailed with to bestow this answer, are both printed in Brown's Mis-post upon him as a reward of his establishcellanea Aulica, 8vo. London, 1702, where ing prelacy in Scotland. Our Scots history the curious reader may see them. * makes it evident, that all, who, since our

This struggle for superiority between these unprincipled minions of tyranny, is related at great length by Sir George Mackenzie, a man as unprincipled as either of them, though possessed of much more external decency of manners. Lauderdale's speech against Middleton he declares to have been the great masterpiece of his life, but it is far too long to be inserted here. It is sufficiently seasoned with encomiums upon his majesty, and the illimitable nature of his prerogative, upon which, with a great deal of art, it insinuates that Middleton had in a number of instances encroached. The act of billeting, however, was the great object of the speaker's aversion, he being by it excluded from office, and he characterises it in the following manner:-" By billeting, any man's honour, his life, his posterity may be destroyed without the trouble of hearing him, calling him, hearing his answer, may, without the trouble of accus

ing him. Billeting hath the wonderful power to destroy any man, and yet the collective body of that judicature who use it shall never be troubled with his name, till it come to be executed. This is a stranger engine than white powder which some fancy, for sure this shoots without any noise at all. But, blessed be God, this dreadful engine was never known as to punishments among any people, heathen or Christian, who had the blessing to live under monarchy. Some republics use the billet, or the ballot, in giving places, but I never so much as read of any thing like it as to punishment, except the ostracism among the Athenians, who were governed by that cursed sovereign lord the people; and by their oystershell billeting, I read of the banishment of Themistocles, after his two famous victories of Salamis and Thermopylæ. I read also that Aristides was so billeted, a man whose eminent justice is turned

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reformation by presbyters, put hand as might be shown at great length; and this 1663. to build the hierarchy in Scotland, last builder, after he had banished so many were turned out of their estates and honours, worthy and excellent ministers from their

shall think the persons concerned worth so much consideration, you will easily discover every step for compassing this affront put on them in the face of all Europe. And such is the loyalty of the members of parliament, that when your pleasure shall be made known, no one circumstance will be concealed from you. How your honour, and the honour of your parliament is here engaged, I do humbly leave to your royal wisdom."

into a proverb. Yet, billeting was once attempted to have been brought into Scotland. It was, Sir, in the year 1641, when your blessed father's royal prerogative of naming officers of state was wrested from him, and subjected to the approbation of parliament. Then was billeting struggled for, but vigorously opposed by your royal father. And even in that sad time, such was the justice and strength of reason with which he opposed it, as it was never heard of in Scotland till now, that billeting, even in Middleton went through all these charges punishment, is touched with the royal sceptre one by one at great length, and equally with by the earl of Middleton, and so endeavoured to Lauderdale devoted to his majesty, concluded be made a law. Now, Sir, let me humbly beg thus:-"Having with great ingenuity made your patience a little, to open to you how, as I these returns to the earl of Lauderdale's paper, am informed, this billeting was brought in at I humbly lay them with my life and honour at this time. It was not first moved in articles, your feet, and do desire to live no longer than the most usual place for proposing laws. It I have the esteem of being, Sir, your majesty's was first moved in the committee of fines, as I most faithful, most humble, and most obedient am told, and by the fittest man to impose on subject and servant." Middleton had exposed your parliament this effectual way of it, who himself much for the king, and had many had imposed incapacitating itself on your ma- friends who interested themselves strongly in jesty; and this was Sir George Mackenzie. his behalf; and but for an unfortunate cirAs soon as moved, it was opposed, and then cumstance, might, after all, still have kept his your commissioner appeared not for it; but place. He had succeeded in procuring a pardon when it was better prepared, it is moved in the for Sir John Swinton, that he might deprive articles, and again vigorously opposed, but then Lauderdale of the estate which he had already your commissioner appearing for it, it was, I secured, and of which, notwithstanding of Sir think, believed he had good warrant for it, and John's pardon, he kept possession till his death; so it passes. Now, in the last place, I come to and now Lauderdale, in return, that he might the ways of carrying on the names of those who deprive Middleton of the rich harvest he exwere to be billeted. This was done more in the pected to reap from the fines, and at the same dark; yet I shall discover what light I have got, time ingratiate himself with the people, probut it must be with a gentle hand, for they say cured, while their quarrel was yet unsettled, a I am one of them, and I am apt to believe it, letter from the king to the Scottish council, disSir, for to me it is no new thing. Six times charging by his prerogative royal, the payment have I been excepted; twice for life and estate, of the first moiety of the fines till farther orders. twice for my estate, and twice thus. Yet I Middleton, alarmed both for the loss of his bless God, five of the times was during rebel- share of the fines, and of his power at the same lion, and by usurpers, for serving your royal time, made application to Clarendon, that he father and yourself, and this last I hope will might interpose his influence with the king to be found to be done neither by your majesty nor have the proclamation for the payment of the by your parliament. If by your sacred majesty, I fines continued. The privy council of Scotland lay myself at your feet-your breath shall easily being for the most part Middleton's friends, destroy the work of your hands, without any raised at the same time a controversy, whether such engine as billeting. And sure it is not by or not they could properly, while there was a your parliament, for my name was never named lord commissioner in office, receive and execute by your parliament but when they honoured me any order from the king that had not been transwith an obliging letter, and when they acknow-mitted through the commissioner. While this ledged your worthy choice of me as secretary, (so they are pleased to call it, and here I have it signed by your clerk register, as an act of parliament,) and none can make me believe that this so just a parliament would without accusation or hearing. so severely condemn a poor man whom they had so much honoured. But I am not worthy your majesty's trouble. The names inserted in the billets were well known, as I believe, to the earl of Middleton. I am informed the earl of Newburgh at his table read his list, and desired to make no secret of it, as a noble lord here will justify. I shall not now insist on my informations of diligent solicitings by men of quality, and in whose names they solicited, nor what meetings were kept at Masterton's tavern, and elsewhere, for carrying that which was called the right list, for it is time to end this too great trouble. If your majesty

was occupying the council, Middleton having the approbation of Clarendon, obtained, or at least writ to the council that he had obtained, an order from the king, that no proceeding should be made upon his own letter, and that of course the fincs should be uplifted, according to the proclamation. This occasioned a new debate in the council, where it was affirmed by some that the letter of the king could not be countermanded but by another from his own hand. The council, as a measure of safety, wrote to the king, that they might have his own mind upon the subject. The king, on receiving this letter, was greatly out of humour, and his chagrin was heightened by Lauderdale, who told him, that since Middleton by his own private could recall his majesty's public warrant, he was, to all intents, king of Scotland. "Middleton," says our historian, Mackenzie, "de

1663.

native country, was himself sent to die in of our reformation establishment a strange land. In Tangier he lived but in Scotland, and, as hath been a short while in contempt, till death seized hinted, chancellor Hide's, who acted much him; and by a fall he broke the bone of the same part in England, was not much his right arm, and the broken bone, at better. The attack began upon him this the next tumble down a pair of stairs, year, and after he was disgraced at court, went into his side and wounded him, so in a little time he was forced, to escape as he turned first stupid, and very quickly the punishment of what was charged against died. I have it from good hands, that in him, to flee his native country, and died in times of taking the covenant, such was a strange land after a seven years' exile: so his forward zeal for it, that coming out dangerous a thing is it to meddle with the of the place where he and others had taken church of Christ! it, he said to some gentlemen and others about him, "That this was the pleasantest day ever he had seen, and if ever he should do any thing against that blessed work he had been engaging into, holding up his right arm, he wished to God that might be his death." Whether he had his wish at Tangier, he now knows best.

The dependance of these debates betwixt these two great men, made the parliament to be adjourned more than once: at length it is determined it shall meet, and a new commissioner must be provided. Lauderdale now has all Scots affairs entirely in his hand, and finds it not convenient to fill that post himself, but pitches upon the earl of Rothes,

This was the fate of the great overturner afterwards duke; and to make all sure in

fended himself by alleging Clarendon's report to him of his majesty's pleasure, which answer satisfied not the king, but hastened Middleton's ruin. For, after the king had commanded the council by a new letter to issue out the proclamation, he recalled Middleton's commission, and declared his place of general and captain of the castle of Edinburgh void, and bestowed the captain of the castle's place upon the earl of Lauderdale." "Middleton," says Burnet, "always stood upon it that he had the king's order by word of mouth for what he had done, though he was not so cautious as to procure an instruction under his hand for his warrant. It is very probable that he spoke of it to the king when his head was full of somewhat else, so that he did not mind it, and that to get rid of Middleton he bid him do whatsoever he proposed, without reflecting much on it, for the king was at that time so distracted in his thoughts, that he was not at all times master of himself. The queen mother had brought over from France one Mrs. Stewart, reckoned a very great beauty, who was afterwards married to the duke of Richmond. The king was believed to be deeply in love with her. Yet his former mistress kept her ground still; and what with her humours and jealousy, and what with this new amour, the king had very little quiet between both their passions and bis own."-Mackenzie's History of Scotland, pp. 78-112. Burnet's History of his Own Times, 12mo. edit. pp. 295, 296. Kirkton on this business remarks," Lauderdale knew well what the king's delights were; he choosed for his patron neither statesman nor prince. Barbara Villiers, first Mrs. Palmer, then dutchess of Cleveland, was his choice; and before her bedside he would have kneeled for ane hour at ane time to implore her friendship with the king, because he knew well what influence his miss had upon him, and with these weapons he prevailed."History of the Church of Scotland, p. 158.-Ed.

Scotland against a new rival, and that he might be at the bottom of Middleton's plot against him, he comes down to Scotland with him, and brings a remission to the lord Lorn, as we shall hear; and Rothes hath a multitude of places heaped upon him; and the earl of Tweeddale, whose son married Lauderdale's daughter, is made president of the council.

Upon June 15th, the commissioner comes down to Holyrood-house, and June 18th, the parliament sat down. The bishop of Aberdeen had a sermon before this session opened, and the commissioner and chancellor had speeches, which I have not seen: and the formerly absent members took the oaths. The chief business of this parliament seems to have been to inquire into the act of balloting, and the design formed during the last session against Lauderdale, which I leave to civil historians. The lords of the articles were changed, and Middleton's party left out in the nomination. I find it remarked, that after all the search was made into this plot against the secretary, it was found mostly to land on Middleton, Lennox, and Newburgh. The former sessions had left very little to this meeting of parliament, to do in favour of the prelates, unless it was to guard them against the spite of the country, and to lay the foundations of a more

1663.

and universal persecution, than open ever Scotland saw since popish prelates were removed.

Slavish principles as to civil rights and liberty, still lead the van to persecution for conscience' sake; and therefore, though indeed it hath little reference to the church, I could not but notice the tenor of the first act of this session anent the lords of articles.* By this act the king in a manner hath the whole of the business of the parliament in his hand; the prelates being the creatures of the court, and having the choice of the nobility who were to be members of the committee, would not readily fix upon any who were not acceptable to the court. The nobility, who chose members from the bishops, could scarce go wrong, they being all absolute creatures of the king's making: and those two together chose the barons and burgesses, who indeed could not miss to be right chosen of their own kidney; and they were on the matter but ciphers, the officers of state being supernumerary, and the chancellor president always. By this committee, every matter which was not agreeable to the court, was effectually kept out of the house, be it never so much for the good of the country. This was certainly one of the highest encroachments possible upon the privileges of the subject, as well as the Christian; and one of the most slavish acts that could be well made, limiting the supreme power, and making the king as absolute almost as he can wish; and the parliament must fall in with every thing proposed. They were a mere shadow, and as Sir George Mackenzie somewhere calls them, "the king's baron court." The narrative of this act appeared

The folio edition, 1663, wants this, but the Svo. 1653, has it, and the numbers of the acts are as here, In the other edition the 1st act is against separation, &c. The reason of this difference I know not. This servility on the part of the Scottish parliament was no new trait in its character; for we find James VI. in one of his hectoring speeches to the parliament of England, boasting that the parliament of his native country was entirely subservient to his will. This," he goes on, "I must say for Scotland, and I may truly vaunt it, here I sit and govern it with my pen; I write, and it is done; and by a clerk of the council I govern Scotland now, which others could not do by the sword.-For here I must note unto you the different nature of the two parliaments in these two kingdonas;

ere

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to me odd enough when I read it. The commissioner is brought in representing that it is his majesty's express will and pleasure, that in this and all succeeding parliaments, the way used in choosing the lords of articles in the year 1633, shall be observed; and then it is added," the parliament in all humble duty acquiesced thereunto." One must take it for a jest to call this an act of parliament; it was the king's will and pleasure, and that was to be the rule of their actions, as this parliament, in their eccentric loyalty to the king, are pleased to express themselves in their printed letter to his majesty, at the end of this session, to be seen in the printed acts. Thus they tamely fall in with the old maxim of tyrants, before the restoration truly a stranger in Scotland, sie volo, sie jubev, stat pro ratione voluntas. This being their rule, let us see what was his majesty's will and pleasure, signified to them in their following acts, as to church affairs.

We need not doubt but the prelates and their adherents were chagrined by the general opposition made to their curates through the west and south, and many other parts of the kingdom. To bear down this as far as they can, they make their second act "against separation and disobedience to ecclesiastic authority." This act was termed, "The bishops' dragnet," and all alongst this reign it was altered, amended, and confirmed in their favours, as their magna charta; and therefore I have added it in a note. Many remarks might be made upon it, but they fall much in with what hath been said on the acts of the former sessions. The parlia ment begin with a heavy libel against presbyterian government, as the fountain of the

they must not speak without the chancellor's leave, and if any man do propound or utter any seditious or uncomely speeches, he is straight interrupted and silenced by the chancellor's authority; whereas here, the liberty for every man to speak what he list, and as long as he list, was the only cause he was not interrupted."Works of King James VI. pp. 520, 521.--Ed. Act against separation and disobedience to ecclesiastical authority.

Forasmuch as the king's majesty, considering the prejudices which did ensue to the church and protestant religion, to the prerogative of the crown, to the authority of parliament, to the liberties of the subject, and to the public laws and peace of the kingdom, by the invasions made upon episcopal government, during the

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