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ftored to the treasury; Rothes was appointed pre- в O O K fident of council, Glencairn chancellor, Middleton commiffioner to the approaching parliament. The authority of the committee of estates was revived, in order to fuperfede the administration of the Englifh judges, and by the advice of Clarendon, a counfel for Scottish affairs was established at Whitehall '.
Two important confiderations occurred, in the Removal of fettlement of Scotland, whether to preserve the garrifons introduced by Cromwell, and what form of ecclefiaftical government to prefcribe for the church. Clarendon and Monk were averse to the removal of the English garrifons, whofe prefence they confidered as ftill neceffary to restrain a mutinous nation, prone to rebellion, by military force. Lauderdale represented, with that confummate art which denotes his character, that it was not lefs ungenerous than unpolitic to prolong the fervitude which the nation, after the loss of two armies, had incurred from its loyal attachment to the crown; that the measure would be productive of national disgust, and in the event of an infurrection in England, the garrifons left by Monk as the moft difaffected part of a fanatical army, would be joined by the Scots; that the time might come, when, instead of English garrifons in Scotland, his majefty would require Scottish garrifons in England, to reprefs the turbulence of a wealthy people; and that the nation, relieved from a badge
Burnet, i. 147. Baillie, ii. 442. Clarendon's Life, ii. 97.
BOOK of ignominious fubjection, might be rendered the more inftrumental and fubfervient to his defigns. As Glencairn and Middleton were afraid, though defirous, to oppose their removal, or to incur the reproach of an unpopular advice, the citadels and forts were demolished, and when fupplies were procured for their difcharge, the difaffected troops were difbanded or withdrawn ".
of the church
In the fettlement of an ecclefiaftical government, Charles was peculiarly embarrassed by the treaty at Breda. When invited to Scotland on his father's death, he had sworn and subscribed the covenant, and confirmed the prefbyterian church as the conditions of his acceffion, and although the nation was unable to preferve him on the throne, the oaths renewed at his coronation remained unrepealed. If it was difficult to obferve, it was difhonourable to violate the conditions formerly accepted, when there was no choice unless to relinquish the crown; but if the word of a prince is to be reputed facred, no violence, nor ftate neceffity could afford a pretext to dispense with his oaths. However disgusted with the prefbyterians during his refidence in Scotland, the king himself was indifferent to religion; but Clarendon, whose mind was contracted and foured by religious bigotry, was irreconcilable to the very existence of their church. That upright and able, but not enlightened statesman, had already prepared the moft intolerant measures for the revival of the hierarchy, which he urged the
* Clarendon's Life, ii. 406. Burnet, i. 151.
king to restore in Scotland, by a violation of those BOOK folemn, engagements which his own confcience would never have infringed. The earls of Glencairn and Middleton concurred in the fame de-. fign; and, at a time when the majority of the nation were rigid prefbyterians, did not hesitate to affert, that the people were difgufted with the infolence of the ecclefiaftical courts, and defirous of a change. They returned with inftructions to examine, and prepare the nation for the introduction of prelates; while Sharp, to appeafe the fufpicions, Deferred, of the public refolutioners, whom he had fecretly deferted on the offer of the primacy, procured a letter from Charles that confirmed their affemblies, and promised to preferve the government of the church inviolate, as established by law. As the presbyterian was then the established religion, the refolutioners were eafily, deceived by a mean equivocation unworthy of a king; or were gratified perhaps by the perfecution of the remonstrants, whom the committee of eftates had imprifoned or difperfed',
The parliament was opened by Middleton, with a fplendor to which the nation had been long unaccuftomed. The elections had been fecured by tur the chancellor's management, Obnoxious candidates were imprisoned or fummoned to appear as delinquents; and the nobility vied with the com
3 Woodrow's History of the Sufferings of the Church of Scotland, vol. i. p. 7. 13. Crawford's Hiftory, MS. vol. ii. 1. 5. 420. Clarendon's Life, ii. 101.
mons in their devotion to the crown. The original covenanters were moftly extinguished. A new generation had arifen under the English government, inured to fervitude, educated in penury, or impoverished by forfeitures; and as an indemnity was still ungenerously withheld from Scotland, they were either expofed to punishment from their. past compliances, or infatiate and eager to procure confifcations and fines. A new fpirit appeared in the nation, whofe fervid genius is ever in extremes; if fubmiffive, prone to adulation and the utmost servility; when attached to civil or religious liberty, fierce, ardent, and enthusiastic in the purfuit. Not a few were eftranged from the fevere morals which the covenant prescribed; but the intemperance and exceffes of the royalists were offenfive to the people, whofe difguft was increased by an unforeseen disaster which the nation incurred. The crown and fceptre had been fecreted, during Lofs of the the ufurpation, in the North; but the public records, which Monk had removed to London, were detained by Clarendon till the fummer had elapsed, to difcover the original covenant and declarations which the king had fubfcribed. They were shipped for Scotland after a fruitlefs fearch; but the veffel was wrecked in the winter season, and the records of the kingdom were irrecoverably loft. A difafter which it is impoffible to estimate is naturally exaggerated, and we deplore the lofs of those historical
Baillie, ii. 449. Woodrow, i. 21. the late Revolution in the Church, MS.
Kirkton's Hiflory of Advocates' Library. memorials
memorials which escaped the destructive policy of BOOK Edward I. Yet if a few hiftorical records have perished, an impure and enormous mafs of judicial 1661. proceedings does not deferve regret'.
The first confideration, when the parliament Prerogative proceeded to public business, was to restore and restored. affert the prerogative to its full extent. The chancellor was received as official prefident; the nomination of judges, counsellors, and officers of state, was declared a branch of the divine prerogative, inherent in kings. The command of the militia, the power of declaring war, the right to fummon or diffolve conventions, parliaments, and public affemblies, were acknowledged to reside in the crown alone, and as the happiness of the people confists in maintaining the prerogative entire, to oppose or impugn the authority of the act was converted into treafon. Illegal convocations, leagues, and bonds, were feverely prohibited. The covenant was indirectly repealed, by an act to prevent its renewal without the king's confent. His fupremacy was indirectly established by an oath of allegiance, that the fovereign was fupreme governor in all cafes, over all perfons, ecclefiaftical and civil ; and although the chancellor protested that no authority was implied in communion or in difcipline,' the prefbyterians demanded in vain, that the explanation, fupreme civil governor, fhould be inferted in the oath. An ample recognition of the prerogative was required from perfons in public office;
5 Woodrow, i. 18. Burnet, i. 157. Ayloff's Calendars of Charters, p. 354