Parliament, and would raise the fpirits of a party 1663. Towards the end of May, the King called many of the English Counsellours together, and did order all the papers that had paffed between the Earls of Lauderdale and Midletoun to be read to them. When that was done, many of them who were Midletoun's friends faid much in excufe of 1663. his errors, and of the neceffity of continuing him ed out of all. ftill in that high truft. But the King faid, his errors were fo great and fo many, that the credit of his affairs must fuffer, if he continued them any longer in fuch hands. Yet he promised them, he would be ftill kind to him; for he looked on him And turn as a very honeft man. Few days after that, Secretary Morrice was fent to him, with a warrant under the King's hand, requiring him to deliver up his commiffion, which he did. And fo his Miniftry came to an end, after a fort of a reign of much violence and injuftice: For he was become very imperious. He and his company were delivered up to fo much excefs, and to fuch a madnefs of frolick and intemperance, that as Scotland had never seen any thing like it, fo upon this difgrace there was a general joy over the Kingdom: Tho' that lafted not long; for thofe that came after him grew worfe than ever he was like to be. He had lived in great magnificence, which made him acceptable to many: And he was a firm friend, tho' a violent enemy. The Earl of Rothes was declared the King's Commiffioner. But the Earl of Lauderdale would not truft him. So he went down with him, and kept him too vifibly in a dependence on him, for all his high character. Warif cution. One of the first things that was done in this ton's exe- feffion of Parliament, was the execution of my unfortunate uncle, Warifton. He was fo difordered both in body and mind, that it was a reproach to a government to proceed against him: His memory was fo gone, that he did not know his own children. He was brought before the Parliament, to hear what he had to fay, why his execution fhould not be awarded. He spoke long, but in a broken and difordered ftrain, which his enemies fancied was put on to create pity. He was fentenced to die. His deportment was unequal, as might be expected from a man in his condition. Yet when the day of his execution came, he was very ferene. He was chearful, and feemed fully 1663. fatisfied with his death. He read a fpeech twice over on the scaffold, that to my knowledge he compofed himself, in which he juftified all the proceedings in the Covenant, and afferted his own. fincerity; but condemned his joyning with Cromwell and the Sectaries, tho' even in that his intentions had been fincere, for the good of his Country, and the fecurity of religion. Lord Lauderdale had lived in great friendship with him: But he faw the King was fo fet against him, that he, who at all times took more care of himself than of his friends, would not in fo critical a time seem to favour a man, whom the Prefbyterians had fet up as a fort of an idol among them, and on whom they did depend more, than on any other man then alive. The business of the Parliament went on as the Lord Lauderdale directed. The whole proceeding in the matter of the balloting was laid open. It appeared, that the Parliament had not defired it, but had been led into it by being made believe that the King had a mind to it. And of all the members of Parliament, not above twelve could be prevailed on to own, that they had advised the Earl of Midletoun to afk leave of the King for it, whofe private fuggeftions he had reprefented to the King as the defire of the Parliament. This finished his difgrace, as well as it occafioned the putting all his party out of employments. Conven While they were going on with their affairs, An Act they understood that an Act had pafs'd in the Par- against liament of England against all Conventicles, im- ticles. powering Juftices of Peace to convict offenders without Juries; which was thought a great breach on the fecurity of the English conftitution, and a raifing the power of Juftices to a very arbitrary pitch. Any meeting for religious worship, at which five were prefent more than the family, was declared a Conventicle. And every perfon above fixteen, 1663. fixteen, that was prefent at it, was to lye three months in prifon, or to pay 5 1. for the first offence; fix months for the second offence, or to pay 201. fine; and for the third offence, being convict by a Jury, was to be banished to any plantation, except New England or Virginia, or to pay an 100l. All people were amazed at this severity. But the Bishops in Scotland took heart upon it, and refolved to copy from it. So an Act pass'd there, almost in the fame terms. And, at the paffing it, Lord Lauderdale in a long speech expreffed great zeal for the Church. There was fome little oppofition made to it by the Earl of Kincardin, who was an enemy to all perfecution. But, tho' fome few voted against it, it was carried by a great majority. The con Another Act pafs'd, declaring the constitution ftitution of of a National Synod. It was to be compofed of a Natio- the Archbishops and Bishops, of all Deans, and of nal Synod. two to be deputed from every Presbytery; of which the Moderator of the Prefbytery named by the Bishop was to be one: All things were to be propofed to this Court by the King or his Commiffioner. And whatsoever fhould be agreed to by the majority and the President, the Archbishop of St. Andrews, was to have the force of an Ecclefiaftical law, when it fhould be confirmed by the King. Great exceptions were taken to this A&t. The Church was reftrained from meddling with any thing, but as it fhould be laid before them by the King; which was thought a fevere restraint, like that of the Proponentibus Legatis fo much complained of at Trent. The putting the negative, not in the whole bench of the Bishops, but fingly in the Prefident, was thought very irregular. But it pafs'd with fo little obfervation, that the Lord Lauderdale could fcarce believe it was penned as he found it to be, when I told him of it. Primrose told me, Sharp put that claufe in with his own hand. The inferi T our Clergy complained, that the power was wholly 1663. taken from them; fince as one of their deputies was to be a perfon named by the Bishops, fo, the Moderators claiming a negative vote in their Prefbyteries as the Bishops delegates, the other half were only to confift of Perfons to whom they confented. The Act was indeed so penned, that no body moved for a National Synod, when they faw how it was to be conftituted. Two other Acts pass'd in favour of the Crown. The Parliament of England had laid great impofitions on all things imported from Scotland: So the Parliament, being speedily to be diffolved, and not having time to regulate fuch impofitions on English goods, as might force the English to bring that matter to a just balance, they put that confidence in the King, that they left the laying of impofitions on all foreign merchandize wholly to him. Another Act was looked on as a pompous com- An A& plement: And so it pass'd without obfervation, or offering any oppofition. In it they made an offer to the King an Army of an Army of twenty thousand foot and two thou- King. fand horse, to be ready upon fummons to march with forty days provifion into any part of his Majesty's dominions, to oppose invafions, to fupprefs infurrections, or for any other caufe in which his authority, power, or greatnefs was concerned. No body dreamt, that any use was ever to be made of this. Yet the Earl of Lauderdale had his end in it, to let the King fee what use he might make of Scotland, if he fhould intend to fet up arbitrary government in England. He told the King, that the Earl of Midletoun and his party, understood not, what was the greatest fervice that Scotland could do him: They had not much treasure to offer him: The only thing they were capable of doing was, to furnish him with a good Army, when his affairs in England fhould require it. And of this he made great ufe afterwards to advance himself, tho' it could never have fignified any thing to the ad vancing to the |