It was carried in parliament, that twelve persons, without crime, witness, trial, or accuser, should be declared incapable of all trust or office; and to render this injustice more egregious, it was agreed, that these persons should be named by ballot; a method of voting which several republics had adopted at elections, in order to prevent faction and intrigue; but which could serve only as a cover to malice and iniquity in the inflicting of punishments. Lauderdale, Crawford, and Sir Robert Murray, among others, were incapacitated: but the king, who disapproved of this injustice, refused his assent.[*]
An act was passed against all persons who should move the king for restoring the children of those who were attainted by parliament; an unheard-of restraint on applications for grace and mercy. No penalty was affixed; but the act was but the more violent and tyrannical on that account. The court lawyers had established it as a maxim, that the assigning of a punishment was a limitation of the crown; whereas a law forbidding any thing, though without a penalty, made the offenders criminal. And in that case, they determined that the punishment was arbitrary; only that it could not extend to life. Middleton, as commissioner, passed this act; though he had no instructions for that purpose.
An act of indemnity passed; but at the same time it was voted, that all those who had offended during the late disorders, should be subjected to fines; and a committee of parliament was appointed for imposing them. These proceeded without any regard to some equitable rules which the king had prescribed to them.[*] The most obnoxious compounded secretly.
No consideration was had, either of men's riches, or of the degrees of their guilt: no proofs were produced: inquiries were not so much as made: but as fast as information was given in against any man, he was marked down for a particular fine: and all was transacted in a secret committee. When the list was read in parliament, exceptions were made to several: some had been under age during the civil wars; some had been abroad. But it was still replied, that a proper time would come when every man should be heard in his own defence. The only intention, it was said, of setting the fines was, that such persons should have no benefit by the act of indemnity, unless they paid the sum demanded: every one that chose to stand upon his innocence, and renounce the benefit of the indemnity, might do it at his peril. It was well known, that no one would dare so far to set at defiance so arbitrary an administration. The king wrote to the council, ordering them to supersede the levying of those fines: but Middleton found means, during some time, to elude these orders.[*] And at last, the king obliged his ministers to compound for half the sums which had been imposed. In all these transactions, and in most others which passed during the present reign, we still find the moderating hand of the king interposed to protect the Scots from the oppressions which their own countrymen, employed in the ministry, were desirous of exercising over them.