Amidst these disturbances, a new parliament was assembled at Edinburgh;[*] and Lauderdale was sent down commissioner. The zealous Presbyterians, who were the chief patrons of liberty, were too obnoxious to resist, with any success, the measures of government; and in parliament the tide still ran strongly in favor of monarchy.
* October 19, 1669.
The commissioner had such influence as to get two acts passed, which were of great consequence to the ecclesiastical and civil liberties of the kingdom. By the one it was declared, that the settling of all things with regard to the external government of the church, was a right of the crown: that whatever related to ecclesiastical meetings, matters, and persons, was to be ordered according to such directions as the king should send to his privy council: and that these, being published by them should have the force of laws. The other act regarded the militia, which the king by his own authority had two years before established, instead of the army which was disbanded. By this act, the militia was settled, to the number of twenty-two thousand men, who were to be constantly armed and regularly disciplined. And it was further enacted, that these troops should be held in readiness to march into England, Ireland, or any part of the king’s dominions, for any cause in which his majesty’s authority, power, or greatness was concerned; on receiving orders, not from the king himself, but from the privy council of Scotland.
Lauderdale boasted extremely of his services in procuring these two laws. The king by the former was rendered absolute master of the church, and might legally, by his edict, reëstablish, if he thought proper, the Catholic religion in Scotland. By the latter, he saw a powerful force ready at his call: he had even the advantage of being able to disguise his orders under the name of the privy council; and in case of failure in his enterprises, could by such a pretence apologize for his conduct to the parliament of England. But in proportion as these laws were agreeable to the king, they gave alarm to the English commons, and were the chief cause of the redoubled attacks which they made upon Lauderdale. These attacks, however, served only to fortify him in his interest with the king; and though it is probable that the militia of Scotland, during the divided state of that kingdom, would, if matters had come to extremities, have been of little service against England, yet did Charles regard the credit of it as a considerable support to his authority: and Lauderdale, by degrees, became the prime, or rather sole, minister for Scotland. The natural indolence of the king disposed him to place entire confidence in a man who had so far extended the royal prerogative, and who was still disposed to render it absolutely uncontrollable.
In a subsequent session of the same parliament,[*] a severe law was enacted against conventicles.
* July 28, 1670.
Ruinous fines were imposed both on the preachers and hearers, even if the meetings had been in houses; but field conventicles were subjected to the penalty of death and confiscation of goods: four hundred marks Scotch were offered as a reward to those who should seize the criminals; and they were indemnified for any slaughter which they might commit in the execution of such an undertaking. And as it was found difficult to get evidence against these conventicles, however numerous, it was enacted by another law, that whoever, being required by the council, refused to give information upon oath, should be punished by arbitrary fines, by imprisonment, or by banishment to the plantations; Thus all persecution naturally, or rather necessarily, adopts the iniquities, as well as rigors, of the inquisition. What a considerable part of the society consider as their duty and honor, and even many of the opposite party are apt to regard with compassion and indulgence, can by no other expedient be subjected to such severe penalties as the natural sentiments of mankind appropriate only to the greatest crimes.
Though Lauderdale found this ready compliance in the parliament, a party was formed against him, of which Duke Hamilton was the head. This nobleman, with Tweddale and others, went to London, and applied to the king, who, during the present depression and insignificance of parliament, was alone able to correct the abuses of Lauderdale’s administration. But even their complaints to him might be dangerous; and all approaches of truth to the throne were barred by the ridiculous law against leasing-making; a law which seems to have been extorted by the ancient nobles, in order to protect their own tyranny, oppression, and injustice. Great precautions, therefore, were used by the Scottish malecontents in their representations to the king; but no redress was obtained. Charles loaded them with caresses, and continued Lauderdale in his authority.
A very bad, at least a severe use was made of this authority. The privy council dispossessed twelve gentlemen or noblemen of their houses;[*] which were converted into so many garrisons, established for the suppression of conventicles. The nation, it was pretended, was really, on account of these religious assemblies, in a state of war; and by the ancient law, the king, in such an emergence, was empowered to place a garrison in any house where he should judge it expedient.
* In 1675.