VII. 1661. affairs. To decline the authority of either was BOOK treafon, but the punishment, from its undue feverity, had never been inflicted; and the offence itself, if aggravated by the violence of his publications, was extenuated, and ought to have been obliterated, at the distance of ten years, by his refolute oppofition to the ufurper's government. But his real crimes were a fentence of excommunication which he had formerly pronounced against the commiffioner, and the report of fome perfonal indignities which he had offered to the king. His defence was firm, yet pronounced with fuch pathetic effect, that many withdrew from a concern in his fentence or death. He was executed with an obfcure deferter, and died with that unfhaken fortitude and contempt of life which en. thusiasm infpires. Rutherford was removed by an opportune death; Gillespie and other remonftrants were preserved by a confeffion of their guilt. Wariston, who had efcaped to the continent, was attainted, and Swinton, who had turned quaker, acknowledged his offences with fuch ingenuous contrition, that he was recommended to mercy, but deprived of his eftate ". adjourned. July 12. The parliament was at length adjourned, and Parliament the government again vested in the privy council. At once a court of justice and a council of state, in which policy muft ever predominate over the laws, the inftitution neceffarily became tyrannical; 17 Kirkton, MS. Burnet, i. 180. VOL. II. Crawford, MS. Woodrow, i. 69. the VII. BOOK the judicial functions were united with the execu tive powers of the state, and a legislative authority not unfrequently affumed. 1661. Revival The commiffioner was not lefs folicitous to gratify Clarendon's zeal, on whose friendship he depended, than to strengthen his own interest in parliament, by the introduction of prelates. On his return to court, he reprefented that the times were propitious, and the nation not averfe to the revival of their order; and that the attempt fhould be made during the prefent fervor which the restoration had excited, before the prefbyterians obtained an indemnity to relieve their fears. His affertions were implicitly confirmed by Sharp, but the king, who had obferved the former repugnance of the nation to ecclefiaftical pre-eminence, was still indifferent or averfe to a change. His mind was fecretly impreffed with the artful, yet judicious fuggeftions of Lauderdale, that epifcopacy was recommended by none but thofe who folicited preferment; that the introduction of prelates, in oppofition to public and inveterate prejudices, might alienate the nation, which it was his interest to conciliate; and that the prefervation of their order, instead of contributing to the authority, would require the conftant fupport and protection of government. But his English and Irish minifters, Clarendon and Ormond, affirmed that it would be very difficult to preferve the epifcopal church, especially in Ireland, from the fury of the diffenters, unless the example of prefbytery were removed from their view. Amidft fuch discordant fenti VII. 1661. ments, the propriety of the attempt was referred to BOOK the privy-council of Scotland, where the imprisonment of the earl of Tweedale, for his oppofition in parliament to the execution of Guthry, had repreffed all freedom of opinion or debate. Glencairn the chancellor, who propofed an humble and moderate epifcopacy, procured a report that the intended change would give general fatisfaction; and the revival of the hierarchy was no longer deferred. When Lauderdale was admonifhed by Charles, that the prefbyterian religion was unfit for a gentleman, and improper to be continued, that obfequious politician urged, with an infidious violence, the innovation which he could no longer prevent, and thus the intolerant bigotry of Clarendon, the ambition of fome, and the affentation of others, betrayed the king into the most pernicious measures of the two preceding reigns 13. 18 prelates. The fuffragan bishops were recommended by And conSharp, on whom the metropolitan fee of St. An- fecration of drews was bestowed. But as Sydferf alone, of the former prelates, furvived at the restoration, it was neceffary to refort again to the English church, for that apoftolical fucceffion which a fingle bishop is unable to confer. Had the restoration been delayed for a few years, the English church might have expired herfelf with her aged prelates; and the nation, reduced to a dire dilemma, muft have acknowledged the prefbyterial ordination to the priesthood as valid, or folicited a new confecration 18 Woodrow, i. 96. Burnet, i. 187. C 2 from VII, 1662. BOOK from the Romish fane. But her danger did not infpire e moderation. At the confecration of Spotifwood, the fubordinate orders of priesthood had been conferred or fupplied by the epifcopal character; but Sharp and Leighton were required, before they were confecrated, to submit to episcopal ordination, as deacons and priests. The ordination of Fairfoul and Hamilton was ftrictly canonical, and the four bishops were difmiffed, when duly confecrated, to propagate the apoftolical order in Scotland. They were received and conducted to the capital, by the chancellor and nobility in folemn proceffion. No mark of external refpect or pomp was omitted, to imprefs the people with veneration and esteem. When the parliament was resumed, they were invited by a deputation from each estate, and introduced in triumph to their ancient feats. But their revenues were inadequate to their rank: their characters were unequal to the stations to which they were unexpectedly preferred. Leighton, the most learned and refpectable of their number, united the most devout and afcetic virtues, with an indulgent charity and extenfive toleration. But the rest were remifs in the discharge of their functions, and diftinguifhed rather by zeal than fanctity; the violence of Sharp was no longer difguifed; and they were deftitute of moderation and talents, to recall and conciliate a difaffected church ". 6 19 Burnet, i. 191. 200-5. Baillie, i. 466. Woodrow, i. 101-14, 15 The VII. 1662. Epifcopal governMay 8th. ment, The fecond feffion of parliament commenced BOOK with the government of the church, the regula tion of whose external polity, according to the established laws and the advice of bishops, was transferred to the king. The authority of prefbyteries, provincial and general affemblies, was annulled. The prelates, released from every restraint but the advice of minifters whofe prudence or loyalty they might choose to confult, were reftored to the plenitude of their former privileges, to the fupreme and exclufive jurifdiction in ecclefiaftical by parlia affairs. The covenants were repealed and abjured Established as unlawful oaths; and whatever might tend to ment. excite a dislike to the prerogative, supremacy, or epifcopal government, was punifhed as fedition. The rights of patronage were revived. The clergy admitted fince its abrogation, were deprived of all title to their livings; and required, within four months, to procure a prefentation from their pa trons, and collation from the bishops; to acknowledge their authority, and attend their vifitations and diocefan fynods. The prelates introduced by James, had affumed nothing more than precedence, a fhare in ordination, and a negative voice in the affemblies of the church. The clergy continued to meet in presbyteries, and as there was no remedy, fubmitted to an ufurpation which might innovate, without annulling the conftitution or authority of their ecclefiaftical courts. While they fat with their bishops, upon different principles, in the fame tribunals, their oppofition was confined within their own walls, or fuffered to evaporate |