Spain at last, pressed on all hands, accepted of the alternative offered; but in her very compliance, she gave strong symptoms of ill humor and discontent. It had been apparent that the Hollanders, entirely neglecting the honor of the Spanish monarchy, had been anxious only for their own security; and, provided they could remove Lewis to a distance from their frontier, were more indifferent what progress he made in other places. Sensible of these views, the queen regent of Spain resolved still to keep them in an anxiety, which might for the future be the foundation of a union more intimate than they were willing at present to enter into Franche Compte, by a vigorous and well-concerted plan of the French king, had been conquered in fifteen days, during a rigorous season, and in the midst of winter. She chose therefore to recover this province, and to abandon all the towns conquered in Flanders during the last campaign. By this means Lewis extended his garrisons into the heart of the Low Countries; and a very feeble barrier remained to the Spanish provinces.
But notwithstanding the advantages of his situation, the French monarch could entertain small hopes of ever extending his conquests on that quarter, which lay the most exposed to his ambition, and where his acquisitions were of most importance. The triple league guarantied the remaining provinces to Spain; and the emperor and other powers of Germany, whose interest seemed to be intimately concerned, were invited to enter into the same confederacy. Spain herself, having about this time, under the mediation of Charles, made peace on equal terms with Portugal, might be expected to exert more vigor and opposition to her haughty and triumphant rival. The great satisfaction expressed in England on account of the counsels now embraced by the court, promised the hearty concurrence of parliament in every measure which could be proposed for opposition to the grandeur of France. And thus all Europe seemed to repose herself with security under the wings of that powerful confederacy which had been so happily formed for her protection. It is now time to give some account of the state of affairs in Scotland and in Ireland.
The Scottish nation, though they had never been subject to the arbitrary power of their prince, had but very imperfect notions of law and liberty; and scarcely in any age had they ever enjoyed an administration which had confined itself within the proper boundaries. By their final union alone with England, their once hated adversary, they have happily attained the experience of a government perfectly regular, and exempt from all violence and injustice. Charles, from his aversion to business, had intrusted the affairs of that country to his ministers, particularly Middleton; and these could not forbear making very extraordinary stretches of authority.
There had been intercepted a letter, written by Lord Lorne to Lord Duffus, in which, a little too plainly, but very truly, he complained, that his enemies had endeavored by falsehood to prepossess the king against him. But he said, that he had now discovered them, had defeated them, and had gained the person, meaning the earl of Clarendon, upon whom the chief of them depended. This letter was produced before the parliament; and Lorne was tried upon an old, tyrannical, absurd law against leasing-making; by which it was rendered criminal to belie the subjects to the king, or create in him an ill opinion of them. He was condemned to die: but Charles was much displeased with the sentence, and granted him a pardon.[*]
* Burnet, p. 149.
It was carried in parliament, that twelve persons, without crime, witness, trial, or accuser, should be declared incapable of all trust or office; and to render this injustice more egregious, it was agreed, that these persons should be named by ballot; a method of voting which several republics had adopted at elections, in order to prevent faction and intrigue; but which could serve only as a cover to malice and iniquity in the inflicting of punishments. Lauderdale, Crawford, and Sir Robert Murray, among others, were incapacitated: but the king, who disapproved of this injustice, refused his assent.[*]
An act was passed against all persons who should move the king for restoring the children of those who were attainted by parliament; an unheard-of restraint on applications for grace and mercy. No penalty was affixed; but the act was but the more violent and tyrannical on that account. The court lawyers had established it as a maxim, that the assigning of a punishment was a limitation of the crown; whereas a law forbidding any thing, though without a penalty, made the offenders criminal. And in that case, they determined that the punishment was arbitrary; only that it could not extend to life. Middleton, as commissioner, passed this act; though he had no instructions for that purpose.
An act of indemnity passed; but at the same time it was voted, that all those who had offended during the late disorders, should be subjected to fines; and a committee of parliament was appointed for imposing them. These proceeded without any regard to some equitable rules which the king had prescribed to them.[*] The most obnoxious compounded secretly.
* Burnet, p. 152.
** Burnet, p. 147.
No consideration was had, either of men’s riches, or of the degrees of their guilt: no proofs were produced: inquiries were not so much as made: but as fast as information was given in against any man, he was marked down for a particular fine: and all was transacted in a secret committee. When the list was read in parliament, exceptions were made to several: some had been under age during the civil wars; some had been abroad. But it was still replied, that a proper time would come when every man should be heard in his own defence. The only intention, it was said, of setting the fines was, that such persons should have no benefit by the act of indemnity, unless they paid the sum demanded: every one that chose to stand upon his innocence, and renounce the benefit of the indemnity, might do it at his peril. It was well known, that no one would dare so far to set at defiance so arbitrary an administration. The king wrote to the council, ordering them to supersede the levying of those fines: but Middleton found means, during some time, to elude these orders.[*] And at last, the king obliged his ministers to compound for half the sums which had been imposed. In all these transactions, and in most others which passed during the present reign, we still find the moderating hand of the king interposed to protect the Scots from the oppressions which their own countrymen, employed in the ministry, were desirous of exercising over them.