of the destructive might be found in the leaders of such Highland hosts, mercy and moderation were not among the qualities of the followers. However it came, there must have been things done on this expedition for which Argyle did not feel quite at ease, since he sought an indemnity from that Parliament in which his influence was supreme. Had his castigation been limited to the Highlanders, he need have felt no misgiving. "Some Highland limmers-broken out of Lochaber, Clangregor, out of Athole, Brae of Mar, and divers other places"-had just been at their old work, reiving the lands of loyal friends of the Covenant; and whoever could extirpate them was welcome to the task, and deserved thanks.1 But the Lowland Ogilvies were within the pale of the law, such as it was. Some of the Acts, from the consequences of which the indemnity protects him, are broad and strong enough to cover much mischief, thus-for attacking towers, fortalices, and other houses, "or demolishing of the same to the ground, or burning of the same, or putting of fire thereintil, or otherwise sacking and destroying of the same howsoever, or for putting of whatsoever person or persons to torture or question, or putting of any person or persons to death, at any time the said eighteenth day of June and the said second day of August thereafter; and declares these presents to be ane sufficient warrant to all and whatsoever judges, civil or criminal, for exonering and

Ogilvie. The sergeant returned, saying there was a sick woman in the house, and it was not a place of strength, "and therefore he conceived it fell not within his order to cast it down. Argyle fell in some chaffe with the sergeant, telling him that it was his part to have obeyed his orders; and instantly commanded him back again, and caused him deface and spoil the house. At the sergeant's parting with him, Argyle was remarked by such as were near for to have turned away from Sergeant Campbell with some disdain, repeating the Latin political maxim, Abscindantur qui nos perturbant -a maxim which many thought that he practised accurately, which he did upon the account of the proverb consequential thereunto, and which is the reason of the former, which Argyle wa: remarked to have likewise often in his mouth as a choice aphorism, and well observed by statesmen, Quod mortui non mordent."-Gordon's Scots Affairs, iii. 166.

1 Spalding's Memorials, i. 291.

assoyling the said Earl of Argyle and all and whatsomever his colonels, captains, commanders, and whole body of the army, and to their servants, men, boys, and followers in the said army during the space foresaid." 1

These affairs were over before the king's arrival. He had left behind him gloom, discord, and apprehension. In the vast incongruous city, from the leaders of the Government down to the London 'prentices, every face was hostile. He left there the dead body of that stern, faithful minister of his will, who for that very stern fidelity was put to death. Was he to find a bright contrast to all this in Scotland? On the surface it was so. Thorough tranquillity seemed to reign. The chance of war with England had passed-the intestine broils were at an end for the time. In the almost poetic words of the Estates, there was 66 a quiet, calm, and comfortable peace" over the land.2

Queen Henrietta told that she had good news from her husband at last. He "writes me word he has been very well received in Scotland; and that both the army and the people have showed a great joy to see the king -and such that they say was never seen before-pray God it continue." may

He was to meet the Estates, not in the old sordid building where he had left them nine years ago, but in the great new hall worthy to receive the assembled powers of a great nation. There was to be none of the frowning by the king, and muttered grumbling of the Estates, which had announced the coming storm in that last Parliament. All swept onwards with a current as of unanimity and harmony. But in reality these bright aspects were due to the utter isolation and helplessness of the poor king. The Estates carried all before them with a force so irresistible that, while driven before them, he appeared to lead them. There was throughout all their transactions an exuberant

Acts of Parl. (revised edition), v. 399. The document is long and elaborately technical.

2 Acts of Parl., v. 341.

3 The queen to Sir Edward Nicholas; Evelyn's Memoirs, v. 4.

expression of loyalty and worship. Every one of those statutes which he would have resisted had there been any hope in resistance, began with the words "our sovereign lord," the part performed by the Estates modestly following as subordinate and supplementary. Things done which it must have cost him unutterable bitterness to witness in his helplessness, are what "his majesty was graciously pleased" to do upon the "humble remonstrance" or "humble supplication" of the Estates.

The farce of co-operation and harmonious action was played throughout by all the actors with great success. The king, in his speech from the throne, expressed his regret for the unlucky differences, now happily at an end, by which the land had been distracted. "The end," he said, "of my coming is shortly this-to perfect whatsoever I have promised, and withal to quiet those distractions which have and may fall out amongst you: and this I mind not superficially, but fully and cheerfully to do; for I assure you that I can do nothing with more cheerfulness than to give my people content and general satisfaction." Burleigh, the president, in name of the House, "made a pretty speech to his majesty of thanks for all the former demonstrations of his goodness;" and Argyle followed with "a short and pithy harangue, comparing this kingdom to a ship tossed in a tempestuous sea these years bypast; and seeing his majesty had, like a skilful pilot, in the times of most danger, stirred her through so many rocks and shoals to safe anchor, he did humbly entreat his majesty that now he would not leave her-since that for her safety he had given way to cast off some of the naughtiest baggage to lighten her-but be graciously pleased to settle her in her secure station and harbour again." 1

In the British empire of the present day, when there comes a telling majority in the House of Commons against ministers, there is an inversion of the political conditions. There was now a like phenomenon in Scotland, but of a more convulsive character. The men who were to come

1 Balfour's Annals, iii. 42.

into power had not merely voted against his majesty's advisers, but had been at war with his army. Leslie was created Earl of Leven, and largely endowed. The Earl of Argyle became Marquis. Loudon, recently released from the Tower, was made Chancellor. The Court of Session was recast, to admit friends of the Covenant, with Johnston of Warriston among them; and generally the men intrusted with any fragment of political power were selected from those who were counted safe men by the party which had now been for three years supreme in Scotland.

Bacon, who admired "the excellent brevity" of the old Scots Acts, did not live to see the work of this Parliament. Even the prolific legislation of our present sessions, which cause so much ridicule and grumbling, is not only anticipated but exceeded, if we take the number of Acts passed, and the variety of matters disposed of by them. The session began on the 13th of May and ended on the 7th of November; but even had it lasted a whole year, there might have been a good account for every day, since the last Act is the three hundred and sixty-fifth in number. It must not be supposed that each one of these was a piece of legislation like a modern Act of Parliament. There were among them inquiries into criminal charges or rumours, adjustments of title or precedence, of privileges, of social usages, and the like. It would be difficult, indeed, to name any class of public business not to be found in the records of that Parliament. It seemed, indeed, as if the Estates were jealous or afraid of any institution of the State acting separately and in its own place. The business was done, no doubt, by the officers of the Crown; but it had to be done in the presence of the States, and to be completed by their vote.

In England much of this work would be called a direct usurpation of the prerogative of the Crown and the functions of the established courts of justice. In Scotland it could not be so simply and distinctly characterised. The Scots Estates had always claimed the right of supremacy, not only in legislation, but in the judicial and executive departments. When in a country with a mixed govern

ment the public business enlarges with increased wealth and civilisation, the additions made to such business will fall into the hands of that element in the government which is the strongest. Many of the powers appropriated by this Parliament had been exercised by the Crown at least since the Union of 1603; but it is not so clear that they were the exclusive possession of the Crown in earlier days. The Crown, tampering with the selection and powers of committees, had made the Lords of the Articles supreme, and had almost achieved the appointment of them. All the business of the Estates was transacted by them; and it was coming to the point that when they were appointed the Estates at large had nothing further to do but to meet once, and either pass or reject the measures brought to maturity by the Lords of the Articles. The Estates at their previous session took the opportunity of recasting the constitution of this powerful committee. Each Estate was to choose its own representative on the Articles, and the whole body were only to do such work as was assigned to them by the Estates at large. The profuse business transacted in the Parliament of 1641 seems to have been worked through open committees that is to say, certain groups of members were named as responsible for bringing the business to maturity; but any other members might attend their meetings, either to keep a watch on what they did or to offer suggestions. There was a committee to "revise all articles" presented during the session, but merely that those chosen from each Estate "may give account thereof to their own body."2 An Act of "pacification and oblivion passed, declaring, in a style not usual in Acts of Parliament, that "such things as have fallen forth in these tumultuous times, while laws were silent, whether prejudicial to his majesty's honour and authority, or to the laws and liberties of the Church and kingdom, or the particular interest of the subject, which to examine in a strict court of justice might prove ane hindrance to a perfect peace, might be buried in perpetual oblivion." 3 2 Ibid., 333, 334. 3 Ibid., 341.

1 Acts of Parl., v. 278.

was