Preparatory to the bloody tragedy with which they were to conclude, an act was passed approving of the engagement, and vilifying in the most bitter terms all who opposed that expedition, ruinous equally to the king and to the country; and another, condemning the transactions respecting the delivering up of Charles I. at Newcastle, and declaring the approval of them by the parliament, 1647, to have been the deed of a few factious, disloyal persons, and not the deed of the nation. All the acts which had been voted were embodied into a declaration, entitled an acknowledgment of his majesty’s prerogative, which, together with the oath of allegiance, every person holding a place of public trust was required to subscribe, and all other persons who should be required by his majesty’s privy council, or any having authority from them, should be required to take and swear; and whoever should refuse or delay to take them, were not only to be rendered incapable of any office of public trust, but be looked upon as persons disaffected to his majesty’s authority and government.
Hitherto, a majority of the Presbyterian ministers—the remonstrators excepted—had remained silent, while those who, after Mr Douglas, were employed to preach before parliament, shamefully flattered the proceedings of the day, by declaiming against seditious bands and the irregularity of the times, and inculcating the courtly doctrine of gratitude for their gracious deliverance from tyranny and usurpation, and for the miraculous restoration of the king—the duty of unlimited confidence on the best of princes; and some went so far as to recommend Episcopacy as that form of church-government that suited best with monarchy; but when the plans of the managers began to be developed, even the resolutioners were painfully constrained to suspect that they had been duped, and that their brethren who wished at first to make an explicit declaration of their fears, and to supplicate against encroachment, acted the wiser and more reputable part. When too late, they saw the folly of admitting to power men of bad principles, and trusting either to their professions of repentance or the smallness of their number. The ministers of Edinburgh now attempted to stem the torrent; they had frequent interviews with the Earl of Middleton, who, during the progress of the measures, treated them with respect and fair promises. They entreated that, in the oath of allegiance, the supremacy of the king might be restricted to his right as supreme governor in civil affairs, and in ecclesiastical, as defined in the Confession of Faith, ch. 23: that it might be declared by parliament that they did not intend to make void the oath of God: and that an act might be passed ratifying anew the Confession of Faith and Directory of Worship. His Grace politely promised to transmit their desires to the king, and requested that they would draw out an act of ratification, such as they would consider satisfactory, and he would attend to it, which they accordingly did.
But, while he was amusing them in this manner, a measure was in progress—the wildest and most extravagant ever tried in any legislative body—for which, however, the Scottish parliament, by a peculiarity in its constitution, afforded every facility. That peculiarity consisted in having a committee, called the Lords of the Articles, composed of from eight to twelve persons of each estate, who prepared all the bills brought before the House; so that when they were presented the members had little else to do but to vote. This committee, at all times under the influence of the crown, was, in the present instance, completely devoted to the king’s pleasure, and ready to approve and propose whatever he desired. Every thing had been so arranged by them, that the parliament was only required to meet in the afternoon of two days in the week,[[11]] where the important acts already noticed, together with others of a civil nature, of scarcely less consequence, had passed precipitately almost without discussion. Even this method, however, seemed too slow for accomplishing the total overthrow of the work of reformation, and an idea was now revived, which had been originally suggested in a meeting at London by Sir George M’Kenzie of Tarbet, for disannulling at one sweep the whole of the parliaments whose proceedings were disagreeable to the present rulers, or presented any obstacle to the establishment of unlimited despotism.
[11]. Before this, it had been the custom for parliament to meet at nine o’clock, A.M. and sometimes earlier, while their committees met about seven to prepare the business.
Middleton had brought to Scotland, not only the high monarchical principles, but the shameless manners of the English court, rendered still more disgraceful by the regardless habits of a rough mercenary. Short as were the sessions of parliament, and late in the day as they met, he and his companions occasionally reeled to the House in such a state, that an immediate adjournment became necessary. Their sederunts at the Palace were more protracted; and the most important affairs were settled on these occasions, when all difficulties were got rid of, with a facility far beyond the reach of forenoon-disputants, engaging each other in a dry debate. At some such carousal, a jocular remark of Primrose’s is said to have decided the commissioner; and the draught of a bill, rescinding all the parliaments which had met since 1640 as illegal and rebellious, was framed and attempted to be hurried through parliament with the same rapidity as the rest. An unexpected opposition delayed its passage. As “that incomparable king,” Charles I., had freely presided at one, and the king himself at two others, some of the best affected to the court did not approve of an act, which they said went to throw a slur upon the memory of the blessed martyr, and was highly disrespectful to his present majesty. What staggered, however, even that assemblage, base and servile as it was, was the danger of destroying all the legal foundations of security for private property. If parliaments, regularly constituted in the royal presence, could be thus easily set aside, another parliament following the precedent might make this void, and render the tenures of their rights and possessions as unstable as they would be under the firman of an eastern sultan. To satisfy these, it was expressly provided, that all acts, rights, and securities passed in any of the pretended meetings, or by virtue thereof, in favour of any particular persons for their civil and private interests, should stand good and valid unto them, excepting only such as should be questioned before the act of indemnity; and notwithstanding the efforts of the Earl of Loudon, and a few others, a majority agreed to undo all that had been done in favour of religion and liberty for the preceding twenty years, and to wreath around their necks the yoke that had galled their fathers for other twenty before.
Some indistinct rumours of the recissory act having reached the ministers of Edinburgh, the presbytery assembled to draw up a supplication, praying that their church-government might be preserved to them amid this general wreck, and that some new civil sanction might be granted in place of the statutes about to be repealed; and three of the most complaisant were deputed to the commissioner, to show it before presenting to parliament. His Grace prevailed upon them to delay doing any thing in the business, and they, who appear to have been very willing to oblige, acceded, and the bill passed, like all the rest, without any representation by the ministers against it. Next day, when they learned it had been voted by a large majority, a deputation of a different stamp, with Mr David Dickson at their head, waited upon Middleton to remonstrate; but he had attained his object, and they found him in a very different mood. He received their paper in a very discourteous manner, and told them they were mistaken if they thought to terrify him with their papers—he was no coward. Dickson pointedly replied—“He knew well his Grace was no coward, ever since the Bridge of Dee”—a sarcasm the Earl seemed to feel, as he had there distinguished himself, fighting in the cause of the covenant against the king’s army. Nor did his chagrin abate when he was reminded of the vows he had made to serve the Lord and his interest, in 1645, when under serious impressions in the prospect of death; but turning round pettishly, asked, “What do you talk to me for about a fit of the colic?” and entirely refused to have any thing to do with their supplication.
An evasive deceitful act followed, allowing presbyteries and synods to meet, but promising to make it his majesty’s care to settle the government of the church in such a frame as should be most agreeable to the word of God, most suitable to monarchical government, and most complying with the public peace and quiet of the kingdom. It did not tend to allay the fears of the ministers, who wrote an urgent letter to Lauderdale, reminding him of their sufferings for the king, of the steadiness of their loyalty, and their opposition to the heats of some during the times of distraction; and entreating him, by his zeal for his majesty’s service, and his love for his mother church, to interpose with his majesty to prevent any prejudice to her established government, and procure the calling of a General Assembly as the king had promised. Public fasts were now kept in various parishes throughout the country, and the synods met to prepare supplications for some confirmatory act to set the people at rest with regard to their religion. No attention was paid by the secretary to their application, and visiters were sent to the different synods to prevent their taking any disagreeable steps, or dissolve them if they proved refractory. Accordingly, the synod of Dumfries was dissolved by Queensberry and Hartfield, who were both exceedingly drunk at the time, and appear to have dispersed the ministers with very little ceremony, and without any resistance. Fife was equally quietly dismissed by the Earl of Rothes, who entered while they were in the midst of their business; and, ordering them to dismiss in the king’s name, they obeyed:[[12]] in their respective presbyteries, they afterwards approved of a petition, and declared their adherence to the principles of the church of Scotland. Glasgow and Ayr being the most obnoxious, was discharged by proclamation, after they had drawn up a supplication, which was delayed being presented through the manœuvres of a few among themselves who afterwards became prelatic dignitaries. The synod of Lothian split, and, at the desire of the Earl of Callendar, suspended five of their most pious members, and removed two from their charges before they were themselves forcibly turned off. The northern judicatures were little disturbed, their majorities generally “falling in with the times.”
[12]. Lamont, in his usual naive manner, thus narrates the transaction:—“1661, Apryll 2. The Provincial Assembly of Fyfe sat at St Andrew’s, where Mr David Forrest, minister of Kilconquhar, was moderator. After they had sitten a day, and condescended upon a peaper to be sent to his majestie, wishing he might be as good as his word, etc. [This, in reference, he had sent doune to the presbetry of Edinboroughe, Sept. 3, 1660.] As also speaking of another peaper to be intimat in the severall parish churches, to put peopell in mynde of ther oath to God in covenant, in caise that episcopacy sould againe he established in this land: as also speaking against something done by the present parliament, in cancelling the league and covenant with England, etc. The nixt day, in the afternoon, they were raised by the Earle of Rothes and the Laird of Ardrosse, two members of parliament, (young Balfour Beton being present with them for the tyme,) and desyred them, under the paine of treason, presently to repaire to their several charges, which they accordingly did. In the meane whille, the moderator offered to speake; and Rothes answered, Sir, wither doe ye speake as a private man, or as the mouth of this meeting? If you speake as the mouth of this meeting, you speake high treason and rebellion. After that, Mr David Forrest followed Rothes to his chamber, and spoke to him; and amonge other things, speaking of the covenant, he said, that few or none of ther meeting bot had ministered the covenant to hundreds, bot for himsef he had tendered it to thousands; and if he sould be silent at this time, and speake nothing of it, bot betray the peopell, he said he wist not what he deserved—hanging were too little for him. Rothes professed to this judicatory that it was sore against his will that he came to that employment. However, many of the ministrie blames Mr James Sharpe, minister of Craill, for the present chaplaine to his majesties commissioner, Earle of Middleton, for ther scattering; for he wrat over to some of them some dayes before, that a storme was like to breake; and the said Mr David Forrest said of him that he was the greatest knave that ever was in the kirke of Scotlande.”
The remaining acts of this parliament, respecting ecclesiastical affairs, and which became instruments of cruelty and grounds of persecution, were, the seventeenth, enjoining the 29th of May—the anniversary of the Restoration, also the king’s birth-day—to be set apart as a day holy unto the Lord for ever, to be part employed in public prayers, thanksgiving, preaching, and praises to God for so transcendent mercies, and the remaining part spent in lawful diversions suited to so solemn an occasion; and the thirty-sixth, restoring “the unreasonable and unchristian burden of patrons and presentations” upon the church.
Having virtually subverted Presbytery, restored every abolished abuse, and obtained in the preambles of several of their acts repeated expressions of the parliament’s detestation and abhorrence of all that was done in the “rebellious and distracted times,” it was requisite that those who had been the most strenuous assertors of the civil and religious rights of their country, and who had been the chief instruments of the late Reformation, should be punished for their temerity. Accordingly, the most noble the Marquis of Argyle, who stood first on the list, was, on the 13th of February, brought to trial. He had been sent down from London by sea, along with Swinton of that ilk, in the latter end of 1660, and had encountered that storm in which the records of Scotland were lost;[[13]] since when he had lain in the Castle; but the first hurry being over, his case was proceeded in—the commissioner anticipating a reward for his services from the confiscation of his estates.