e was tried upon an old, tyrannical, absurd law
against leasing-making; by which it was rendered criminal to belie the
subjects to the king, or create in him an ill opinion of them. He was
condemned to die: but Charles was much displeased with the sentence, and
granted him a pardon.[*]

* Burnet, p. 149.

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.

* Burnet, p. 152.

** Burnet, p. 147.

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.