THE IMPEACHMENT OF THE Duke and Duchess of Lauderdale, With their Brother My Lord Hatton. PRESENTED TO His MAJESTY BY THE City of Edenbourgh. The Matters of Fact particularly relating to the Town of Edenbourgh, humbly offered for Your Majesty's Information. Before the Matter of Fact be spoke to, it is necessary that Your Majesty be informed of one thing upon which this whole Affair hath moved. THe City of Edenbourgh had at several times given considerable Sums of Money to the Duke of Lauderdale, amounting to upward of Twelve Thousand pounds Sterlin, and the Lord Hatton, Brother to the said Duke, being enraged by that their former practice, and being arrived to great height and influence in the Admistration of Your Majesty's Affairs in Scotland, did thereupon resolve on a Design of getting Money for himself also from them, as will appear to your Majesty by the following Narration; but the Magistrates at that time, and such others as had then the principal Influence in the Administration of Affairs in that Town, being honest Men of good Fortunes, and not to be brought to comply with his Design, he bethought himself of all ways to vex them; and knowing they did much value the Prosperity of the Town, he thought that the first means for promoting that his Design, was to have them threatened with removing Your Majesty's Public Judicatures from that City to Sterlin, and persuaded his Brother the Duke of Lauderdale to move Your Majesty to that purpose; but being disappointed of that project by Your Majesty's Royal Wisdom, Your Majesty looking upon it as if it were to declare to the World that You were jealous of so great a Part of that Your Ancient Kingdom, he bethought himself of new ways to accomplish his Design, for which he judged nothing so proper and effectual, as to disturb them in the choice of their Magistrates and Town Counsel; and by all means possible to get some of his own choosing, fit for his own ends, brought into the Administration of the Affairs of that City. In order to which, being impatient of any longer delay, he laid hold of what follows, being the first occasion that offered, though a very frivolous one. At Michaelmass 1674, The said City of Edenbourgh being to go about the Election of their Magistrates for the ensuing year, there was procured a Letter from Your Majesty to Your Privy Counsel, commanding them to forbid the Magistrates and Town Counsel to proceed in their Elections, but to continue the Magistrates that then were, till Your Majesty's further pleasure should be known; the reason suggested to Your Majesty for it, was taken from this Circumstance, That the Election ought to be made upon the Tuesday after Michaelmass, and (it happening this year that Michaelmass fell to be on a Tuesday) they were resolved to proceed to their Elections upon Michaelmass day. Though this was a very small Matter, and upon very good and prudent Considerations, resolved, as will afterward appear, yet was it represented to Your Majesty as a Factious Design, and an Innovation of dangerous Consequence, tending to create and maintain Faction in that City, contrary to Your Majesty's Service. Your Majesty's foresaid Letter being intimated to the Magistrates and Town-Counsel, they did immediately give exact obedience to the same. They did also represent to Your Majesty's Privy Council, the Rights that they had for choosing their own Magistrates, which had been granted to them by many of Your Majesty's Royal Ancestors, and confirmed by many Parliaments; by virtue of which they humbly conceived they ought to be suffered to proceed in their Elections. They did also represent to Your Majesty's Privy Council, the Reasons which had moved them to resolve of making their Elections on the said Tuesday, being Michaelmass day, which in short were, that by their Constitution they were obliged upon the Friday before Michaelmass to make the List out of which the Magistrates are to be chosen; after the doing of which there is a Surcease and Vacation of all ordinary Courts of Judicature within the Town, and the whole time is spent by the Common People and Tradesmen of the Town, in Rioting and Drinking, until the Elections be finished, which in this case would have been Twelve days; which they did in Prudence think they ought to shorten, not conceiving it contrary in the least to the Established Rules of their Election. 2. On these things they did humbly crave Your Majesty's Privy Council would be pleased to represent to Your Majesty, that thereby they might be freed from the suspicion of any Factious Design, with which they were charged by the said Letter. This being, through the Influence of the Lord Hatton, refused by the Privy Council, they dispatched a Gentleman to the Duke of Lauderdale, with Letters and Instructions full of Respect and Submission to his Grace. The Gentleman at his first Arrival found Duke Lauderdale very kind, and was made believe he should be quickly dispatched with Answers according to his Desire; but some Delays having fallen in, the Duke of Lauderdale fell likewise upon thoughts of getting Money from the Town upon this occasion, and therefore pretending still more and more kindness to the said Gentleman; he did first by some Insinuations let fall to him his Expectation, and at last flatly asked him if he had not brought a heavy Purse with him; which when he understood, he was not to expect, he changed his Method, and grew harsher; and having detained him Five or Six Weeks, he the said Duke entered into Consultation with his old Friend Sir Andrew Ramsey, how to order the Affair. By his Advice he did write a Letter and sent Proposals to the said Town, That they should give Bond and Security, That the Townsmen should live regularly as to all matters Ecclesiastical in the largest extent, as the same is determined by the late Acts of Parliament; and to keep the Town free of all sorts of Tumults, either of Man or Woman: judging that this was impossible for them to perform, and unfavourable to attempt, and that therefore it would oblige them to make offers of Money. This Letter was all the Gentleman could obtain, and having gone back to Scotland and delivered it to the Magistrates, they were so far from being carried in the Design, that they were glad of that opportunity to witness their Zeal to serve Your Majesty; for they did very hearty comply with what was proposed concerning the Bonds and Securities demanded; and immediately urged that Your Majesty's Officers and Lawyers would cause draw such Bonds and Securities as was fit for the purpose; offering good Security for great sums of Money for the performance. But this not being the thing truly intended, their ready Compliance with it, set them yet farther off from their desired Settlement, and served for no other intent then to cause the Lord Hatton to double his diligence to find out new means to molest them; to which end it was alleged by him that they had of old forfeited their Privileges and Liberties by some great misdemeanour, and that therefore they had not right to choose their own Magistrates, for which he would needs have their Records searched; and accordingly they themselves, with their Books and Records, were in a most unusual manner brought often before him and his Friends, though they had not Authority for it, to the great Disturbance and Annoyance of the Citizens, by being abundantly jealous of their Liberties, were with no small care kept within the due Bounds of Moderation, by the Loyalty and Vigilancy of their Magistrates. They the said Magistrates, finding how they were used at home by the Lord Hatton, did again apply themselves to the Duke of Lauderdale, both by private Letters to the Duke of Lauderdale and his Duchess, from some of the most eminent of them, full of Assurances of particular Respect to their Graces, and by a public Letter to him from the whole Town Council, offering Bond and Security to him in the terms proposed by his Letter. But this could not prevail, it being objected to them, from some frivolous things the Lord Hatton had scraped together out of their old Records, that they had lost their Liberties, and that the right of choosing their Magistrates did no more belong to them. Then did they produce their Charters, and did convincingly clear all mistakes, and evidently make appear that the right of choosing their own Magistrates did remain to them undoubtedly and entirely. All these things being cleared and open, they expected to be restored to the free exercise of their Election in their accustomed manner. They were still kept off with Delays, until the Lord Hatton, in pursuance of his Design, fell a practising with some few of themselves, who did undertake with his assistance, to get such Elected as were fit for his ends; whereupon he writes to his Brother the Duke of Lauderdale to move Your Majesty for a Letter, and accordingly the Letter was procured from Your Majesty upon the Seventh of August 75; wherein Your Majesty, after reciting Your former Orders in that Affair, did declare, that You were well informed of their Obedience to Your Commands, and of their dutiful Carriage in Your Concerns; and therefore ordained them, the next day after the Receipt of the Letter, to convene their whole Council, after their accustomed manner, and out of the Lists already made, to Elect the Lord Provost, Baylies, and other Officers. According to which Letter, they did the next day proceed to their Elections, but instead of those whom the Lord Hatton expected they would have chosen, they did Elect some Men of good Fortunes and Integrity, not at all fit for his purpose (these who had engaged to him not being Men of that esteem or influence as to be able to carry his Design as they had undertaken.) The new Magistrates and Council, did immediately after their Election, acquaint Your Majesty with their Procedure, and gave Your Majesty great Acknowledgements and Assurances of their care of the Peace of the Town, and of Your Majesty's Service in all Matters, both Ecclesiastical and Civil. The said Lord Hatton being exceedingly enraged at this Act of theirs, did by Advice of Sir George Macking, now Your Majesty's Advocate, send a Letter to the Duke of Lauderdale, to which he procured Your Majesty's Hand upon the 25th of the same month of August, by which Your Majesty ordered Your Privy Council to intimate to the Magistrates and Town Council, that it was Your Royal Pleasure that there should be turned out of the Town Council and declared incapable of any Public Trust in the said Town, Twelve of the most eminent of the same Men with whom Your Majesty had expressed Yourself so well pleased, and whose Actings Your Majesty had approved, by Your Letter of the Seventh of the said month. This was accordingly executed by the Privy Council, without ever so much as calling before them the said Persons, though great Crimes were laid to their Charge, as being Factious Persons, and misrepresenting Your Majesty's Proceed, without mentioning any particular Fact of theirs which could import any such Crime. And though they be threatened by the said Letter to be pursued for these great Crimes, and that Your Majesty's Advocate is commanded in the same to insist against them, yet could they never obtain from Your Majesty's Privy Council that they should be Tried for these things, though by a Petition signed by the whole Twelve, they did represent the great Prejudice they sustained both in their Reputation and Trade, by being kept under such Threaten; and therefore did humbly offer themselves to the strictest and severest Trial. To which Petition they never received any Answer. To make appear to Your Majesty that these things were done for private and sinistrous Designs, and not upon account of the ill Effectedness or factious Dispositions of the Men, as was pretended; Your Majesty is humbly prayed to take notice of these particulars following: First, There are three of the most considerable of these very Persons who had been charged with so great Crimes, admitted since that time, by bribing the Duchess of Lauderdale, into a Trust in Your Majesty's Affairs in Scotland, more eminent and considerable than any Trust the Town of Edenbourgh can confer (viz.) The Paying off Your Majesty's Forces, and bringing in Your Majesty's Excise. Secondly, No sooner were these Twelve Men turned out of the Town Council, but after many great and essential Informalities (with the recital of which it is needless to trouble Your Majesty) they Elected for Magistrates Men of no Reputation, either for Parts, Estate, or Honesty: And though these Bonds and Securities, which had been demanded from the others, and consented to by them, was formerly pretended to be of great importance for Your Majesty's Service, yet they were not so much as once demanded, either by the Duke of Lauderdale or the Lord Hatton, from these Men who were now chosen. Thirdly, These new Magistrates were not long in their Seats, when off comes the Mask, and the true Design of getting Money appears. For by an Act of the Town Council there is about 5000 l. Sterlin disposed on amongst their nameless Friends, which were the Duke of Lauderdale, the Lord Hatton, and some other of their Friends. A great sum to be got from that City, considering that the Duke of Lauderdale had got before that about 12000 l. Sterlin from them. The Duchess of Lauderdale, did also since that time endeavour to get more Money from them, and did with great Wrath threaten the Magistrates in plain terms, for not giving her a Present, notwithstanding all the Good she said she had done for them; reckoning the Favours Your Majesty hath at any time been pleased to bestow upon them, as done by herself. Thus hath that poor Town been abused, and doth now lie, having Magistrates without either Conduct or Courage, in a time when the Disorders of that Nation doth require Persons to be employed there of eminent Fidelity and Capacity to serve Your Majesty. FINIS.