otherwise no man could serve him: if way was given to such a method of proceeding, he himself would go out of his dominions as fast as his gout would suffer him.

1662.

Two days after this, the duke of Richmond and lord Tarbot came to court. They brought the act of incapacity sealed up, together with a letter from the parliament, magnifying the earl of Midletoun's services, and another letter signed by ten of the bishops, setting forth his zeal for the church, and his care of them all: and in particular they set out the design he was then on, of going round some of the worst affected counties to see the church established in them, as a work that was highly meritorious. At the same time he sent over the earl of Newburgh to Ireland, to engage the duke of Ormond to represent to the king the good effects that they began to feel in that kingdom from the earl of Midletoun's administration in Scotland, hoping the king would not discourage, much less change, so faithful a minister. The king received the duke of Richmond and lord Tarbot very coldly. When they delivered the act of incapacity to him, he assured them, it should never be opened by him; and said, their last actings 152 were like madmen, or like men that were perpetually drunk. Lord Tarbot said, all was yet entire, and in his hands, the act being to live or to die as he pleased: he magnified the earl of Midletoun's zeal in his service, and the loyal affections of his parliament, who had on this occasion consulted both the king's safety and his honour: the incapacity act was only intended to put it out of the power of men, who had been formerly bad instruments, to be so any more and even that was submitted by them to

1662. the king's judgment. The king heard them patiently, and, without any farther discourse on the subject, dismissed them: so they hoped they had mollified him. But the earl of Lauderdale turned the matter upon the earl of Midletoun and lord Tarbot, who had made the king believe that the parliament desired leave to incapacitate some, whereas no such desire had ever been made in parliament and then, after that the king upon that misrepresentation had given way to it, the parliament was made believe that the king desired that some might be put under that censure: so that the abuse had been equally put on both: honours went by ballot at Venice: but punishments had never gone so, since the ostracism at Athens, which was the factious practice of a jealous commonwealth, never to be set up as a precedent under a monarchy: even the Athenians were ashamed of it when Aristides, the justest man among them, fell under the censure: and they laid it aside not long after.

taken to

Great pains The earl of Clarendon gave up the thing as inexexcuse Mi- cusable: but he studied to preserve the earl of Midletoun. dletoun. The change newly made in the church of

Scotland had been managed by him with zeal and success: but though it was well begun, yet if these laws were not maintained by a vigorous execution, the presbyterians, who were quite dispirited by the steadiness of his conduct, would take heart again; especially if they saw the earl of Lauderdale grow upon him, whom they looked on as theirs in his heart so he prayed the king to forgive one single fault, that came after so much merit. He also sent advices to the earl of Midletoun to go on in his care of establishing the church, and to get the bishops to

send up copious accounts of all that he had done. 1662. The king ordered him to come up, and to give him an account of the affairs in Scotland. But he represented the absolute necessity of seeing some of the laws lately made put in execution: for it was hoped, the king's displeasure would be allayed, and go off, if some time could be but gained.

byterian

silenced.

One act passed in the last parliament that re- The presstored the rights of patronage, the taking away of ministers which even presbytery could not carry till the year 1649, in which they had the parliament entirely 153 in their hands. Then the election of ministers was put in the church session and the lay elders: so that, from that time, all that had been admitted to churches came in without presentations. One clause in the act declared all these incumbents to be unlawful possessors: only it indemnified them for what was past, and required them before Michaelmas to take presentations from the patrons, who were obliged to give them, being demanded, and to get themselves to be instituted by the bishops; otherwise their churches were declared vacant on Michaelmas day. This took in all the young and hot men: so the presbyterians had many meetings about it, in which they all resolved not to obey the act. They reckoned, the taking institution from a bishop was such an owning of his authority, that it was a renouncing of all their former principles: whereas some few, that had a mind to hold their benefices, thought that was only a secular law for a legal right to their tithes and benefices, and had no relation to their spiritual concerns; and therefore they thought they might submit to it, especially where bishops were so moderate as to impose no subscrip

1662. tion upon them, as the greater part were.

But the resolution taken by the main body of the presbyterians was, to pay no obedience to any of the acts made in this session, and to look on, and see what the state would do. The earl of Midletoun was naturally fierce, and that was heightened by the ill state of his affairs at court: so he resolved on a punctual execution of the law. He and all about him were at this time so constantly disordered by high entertainments and other excesses, that, even in the short intervals between their drunken bouts, they were not cool nor calm enough to consider what they were doing. He had also so mean an opinion of the party, that he believed they would comply with any thing, rather than lose their benefices. And therefore he declared, he would execute the law in its utmost rigour. On the other hand, the heads of the presbyterians reckoned, that if great numbers were turned out all at once, it would not be possible to fill their places on the sudden; and that the government would be forced to take them in again, if there were such a vacancy made, that a great part of the nation were cast destitute, and had no divine service in it. For that which all the wiser of the party apprehended most was, that the bishops would go on slowly, and single out some that were more factious upon particular provocations, and turn them out by degrees, as they had men ready to put in their room; which would have been more insensible, (defensible,) and more excusable, if indiscreet zealots had, as it were, forced censures from them. The advice sent over all the country, from 154 their leaders, who had settled measures at Edenburgh, was, that they should do and say nothing

that might give a particular distaste, but should 1662. look on, and do their duty as long as they were connived at; and that if any proclamation should be issued out, commanding them to be silent, they should all obey at once. In these measures both

sides were deceived in their expectations. The bishops went to their several dioceses: and according as the people stood affected, they were well or ill received: and they held their synods every where in October. In the northern parts very few stood out: but in the western parts scarce any came to them. The earl of Midletoun went to Glasgow before Michaelmas. So when the time fixed by the act was past, and that scarce any one in all those counties had paid any regard to it, he called a meeting of the privy council, that they might consider what was fit to be done. Duke Hamilton told me, they were all so drunk that day, that they were not capable of considering any thing that was laid before them, and would hear of nothing but the executing the law without any relenting or delay. So a proclamation was issued out, requiring all who had their livings without presentations, and who had not obeyed the late act, to give over all farther preaching, or serving the cure, and to withdraw from their parishes immediately: and the military men that lay in the country were ordered to pull them out of their pulpits, if they should presume to go on in their functions. This was opposed only by duke Hamilton, and sir James Lockhart, father to sir William Lockhart. They represented, that the much greater part of the preachers in these counties had come into their churches since the year 1649; that they were very popular men, both esteemed