1661. 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 was, to let all that related to the king's authority be separated from it, and be condemned, that so they might be no more accused as enemies to monarchy, or as leavened with the principles of rebel117 lion. He told them, they must be contented to let that pass, that the jealousy which the king had of them, as enemies to his prerogative, might be extinguished in the most effectual manner. This restrained many. But some hotter zealots could not be governed. One Macquair, a hot man, and considerably learned, did in his church at Glasgow openly protest against this act, as contrary to the oath of God, and so void of itself. To protest against an act of parliament was treason by their law. And Midletoun was resolved to make an example of him for the terrifying others. But Macquair was as stiff as he was severe, and would come to no submission. Yet he was only condemned to perpetual banishment. Upon which he, and some others, who were afterwards banished, went and settled at Rotterdam, where they formed themselves into a presbytery, and writ many seditious books, and kept a correspondence over all Scotland, that being the chief seat of the Scotish trade: and by that means

they did much more mischief to the government, 1661. than they could have done had they continued still

in Scotland.

scinding all

held since the year

The lords of the articles grew weary of preparing An act reso many acts as the practices of the former times parliaments gave occasion for; but did not know how to meddle with those acts that the late king had passed in the 1633. year forty-one, or the present king had passed while he was in Scotland. They saw, that, if they should proceed to repeal those by which presbyterian government was ratified, that would raise much opposition, and bring petitions from all that were for that government over the whole kingdom; which Midletoun and Sharp endeavoured to prevent, that the king might be confirmed in what they had affirmed, that the general bent of the nation was now turned against presbytery and for bishops. So Primerose proposed, but half in jest, as he assured me, that the better and shorter way would be to pass a general act rescissory, (as it was called,) annulling all the parliaments that had been held since the year 1633, during the whole time of the war, as faulty and defective in their constitution. But it was not so easy to know upon what point that defect was to be fixed. The only colourable pretence in law was, that, since the ecclesiastical state was not represented in those parliaments, they were not a full representative of the kingdom, and so not true parliaments. But this could not be alleged by this present parliament, which had no bishops in it: if that inferred a nullity, this was no parliament. Therefore they could only fix the nullity upon the pretence of force and violence. Yet it was a great strain to insist on that, since it was visible that nei

1661. ther the late king nor the present were under any force when they passed them: they came of their 118 own accord, and passed those acts f. If it was insisted on, that the ill state of their affairs was in the nature of a force, the ill consequences of this were visible; since no prince by this means could be bound to any treaty, or be concluded by any law that limited his power, these being always drawn from them by the necessity of their affairs, which can never be called a force, as long as their persons are free. So, upon some debate about it on those grounds, at a private juncto, the proposition, though well liked, was let fall, as not capable to have good colours put upon it: nor had the earl of Midletoun any instruction to warrant his passing any such act. Yet within a day or two, when they had drunk higher, they resolved to venture on it. Primerose was then ill. So one was sent to him to desire him to prepare a bill to that effect. He set about it: but perceived it was so ill grounded, and so wild in all the frame of it, that he thought, when it came to be better considered, it must certainly be laid aside. But it fell out otherwise: his draught was copied out next morning, without altering a word in it, and carried to the articles, and from thence to the parliament, where it met indeed with great opposition. The earl of Crawford and the duke of Hamilton argued much against it. The parliament in the year forty-one was legally summoned the late king came thither in person with his ordinary attendance, and without the appearance of any force: if any acts then passed needed to be reviewed, that

f Both kings were under a force. S.

1661.

might be well done: but to annul a parliament was a terrible precedent, which destroyed the whole security of government : another parliament might annul the present parliament, as well as that which was now proposed to be done: so no stop could be made, nor any security laid down for fixing things for the future: the parliament in the year fortyeight proceeded upon instructions under the king's own hand, which was all that could be had, considering his imprisonment: they had declared for the king, and raised an army for his preservation. To this the earl of Midletoun, who, contrary to custom, managed the debate himself, answered, that though there was no visible force on the late king in the year forty-one, yet they all knew he was under a real force, by reason of the rebellion that had been in this kingdom, and the apparent danger of one ready to break out in England, which forced him to settle Scotland on such terms as he could bring them to so that distress on his affairs was really equivalent to a force on his person h: yet he confessed, it was just, that such an appearance of a parliament should be a full authority to all who acted under it: and care was taken to secure these by a proviso that was put in the act to indemnify 119 them he acknowledged the design of the parliament in the year forty-eight was good: yet they declared for the king in such terms, and had acted so hypocritically in order to the gaining of the kirk party, that it was just to condemn the proceedings, though the intentions of many were honourable and loyal for we went into it, he said, as knaves, and h It was so. S.

g Wrong arguing. S.

1661. therefore no wonder if we miscarried in it as fools i. This was very ill taken by all who had been concerned in it. The bill was put to the vote, and carried by a great majority: and the earl of Midletoun immediately passed it without staying for an instruction from the king. The excuse he made for it was, that, since the king had by his letter to the presbyterians confirmed their government as it was established by law, there was no way left to get out of that, but the annulling all those laws.

It was not liked by the

king.

This was a most extravagant act, and only fit to be concluded after a drunken bout. It shook all possible security for the future, and laid down a most pernicious precedent. The earl of Lauderdale aggravated this heavily to the king. It shewed, that the earl of Midletoun understood not the first principles of government, since he had, without any warrant for it, given the king's assent to a law that must for ever take away all the security that law can give no government was so well established, as not to be liable to a revolution: this would cut off all hopes of peace and submission, if any disorder should happen at any time thereafter k. And since the earl of Clarendon had set it up for a maxim never to be violated, that acts of indemnity were sacred things, he studied to possess him against the earl of Midletoun, who had now annulled the very parliaments in which two kings had passed acts of indemnity. This raised a great clamour. And upon that the earl of Midletoun complained in parliament, that their best services were represented to the king as blemishes on his honour, and as a prek Wrong weak reasoning. S.

i True. S.