Some particular Matter of Fact, relating to the Administration of Affairs in SCOTLAND Under the Duke of Lauderdale.  
Humbly offered to His Majesty's Consideration, in Obedience to His Royal Commands.  
1. THE Duke of Lauderdale did grossly misrepresent to your Majesty the Condition of the Western Counties, as if they had been in a state of Rebellion, though there never had been any opposition made to your Majesty's Authority, nor any resistance offered to your Forces, nor to the execution of the Laws: But he purposing to abuse your Majesty, that so he might carry on his sinister Designs by your Authority, advised your Majesty to raise an Army against your peaceable Subjects, at least did frame a Letter, which he sent to your Majesty to be signed by your Royal Hand to that effect; which being sent down to your Council, Orders were thereupon given out for raising an Army of 8 or 9000 men, the greatest part whereof were Hilanders. And notwithstanding that to avert this threatening, the Nobility and Gentry of that County did send to Edinburgh, and for the security of the Peace did offer to engage, that whosoever should be sent to put the Laws in execution, should meet with no affront, and that they would become Hostages for their safety, yet this Army was led into a peaceable Country, and did take free Quarters according to their Commissions, and in most places levied great sums of Money under notion of dry Quarters, and did plunder and rob your Majesty's Subjects, of which no redress could be obtained, though complaints were frequently made: All which were expressly contrary to the Laws of the Kingdom.  
2. In those Quarterings it was apparent, that regard was only had to that Duke's private Animosities; for the greatest part of those Places that were most quartered on, and destroyed, had not been guilty of any the said Field-Conventicles complained of, and many of the Places that were most guilty, were spared upon private Considerations.  
3. The Subjects at that time were required to subscribe an exorbitant and illegal Bond, which was impossible to be performed by them, That they, their Wives and Children, and Servants, their Tenants, and their Wives, Children and Servants, should live orderly according to Law, not go to Conventicles, or entertain vagrant Preachers, with several other particulars; by which Bond, those that signed it, were made liable for every man's fault that lived upon their ground.  
4. Your Majesty's Subjects were charged with Laborrows, denounced Rebels, and Captions were issued out for seizing their Persons, upon their refusing to sign the aforesaid Bond; and the Nobility and Gentry there, who have been ever faithful to your Majesty, and had appeared in Arms for suppressing the last Rebellion, were disarmed upon Oath; and a Proclamation was also issued out, forbidding them upon great penalties to keep any Horses, above four pounds ten groats price.  
5. The Nobility and Gentry of the Shire of Air were also indicted, at the instance of your Majesty's Advocate, of very high Crimes and Misdemeanours, whereof some did import Treason. These Indictments were delivered them in the Evening, to be answered by them next Morning upon Oath; and when they did demand two or three days time to consider of their Indictments, and crave the benefit of Lawyers to advise with, in Matters of so high concernment, and also excepted to their being put to swear against themselves, in Matters that were capital, which was contrary to all Law and Justice, those their desires were rejected, though the like had never been done to the greatest Malefactor in the Kingdom; and it was told them, they must either swear instantly, or they would repute them guilty, and proceed accordingly.  
6. The Noblemen and Gentlemen knowing themselves innocent of all that had been surmised against them, did purge themselves by Oath of all the particulars that were objected to them, and were thereupon acquitted; and though the Committee of the Council used the severest manner of enquiry, to discover any Seditions or treasonable Designs, which were pretended as the grounds for leading in that Army into those countries', yet nothing could ever be proved; so false was that suggestion concerning a Rebellion then designed, that was offered to your Majesty, and prevailed with you for sending the aforementioned Letter.  
7. The Oppressions and Quartering still continuing, the Noblemen and Gentlemen of those countries' went to Edinburgh, to represent to your Council the heavy pressure that they and their People lay under, and were ready to offer to them all that in Law or Reason could be required of them for securing the Peace. The Council did immediately upon their appearing there set forth a Proclamation, requiring them to departed the Town within three days upon all highest pains; and when the Duke of Hamilton did petition for leave to stay two or three days longer, for some very urgent Affairs, that was refused him.  
8. When some Persons of Quality had declared to the Duke of Lauderdale, that they would go and represent their Condition to your Majesty, if they could not have justice from your Ministers. For preventing that, a Proclamation was set forth, forbidding all the Subjects to departed the Kingdom without licence, that so your Majesty might not be acquainted with the said Condition of your Subjects, from making their Application to your Majesty, no less contrary to your Majesty's true Interest, (who must always be the refuge of your People) than to the natural Right of the Subject.  
The former particulars relate to the invasion of the Rights of great numbers of your Subjects all at once; what follow have indeed only fallen on some single persons, yet are such that your whole People apprehend, they may all be upon the slightest occasions brought under the like mischiefs.  
The Council hath upon many occasions proceeded to a new kind of punishment, of declaring men uncapable of Public Trust: concerning which, your Majesty may remember what Complaints the said Duke then made, when (during the Earl of Middleton's Administration) he himself was put under, and incapacitated by an Act of Parliament; The words of his Paper against the Earl of Middleton [are uncapacitating] was to whip with Scorpions, a punishment to rob men of their Honour and to lay a lasting stain upon them and their Posterity. And if this was complained of when done by the High Court of Parliament, your Majesty may easily conclude it cannot be done in any lower Court. But yet notwithstanding, it is become of late years an ordinary Sentence in Council, when the least Complaints are brought against any with whom the Duke of Lauderdale is offended.  
Instances of this are;  
The declaring twelve worthy Citizens of Edinburgh uncapable of Public Trust, against whom no Complaint was ever made to this day, as your Majesty will perceive more fully by a Paper concerning that affair. The true cause of it was, that those men being in the Magistracy, the Duke and his Brother could not get a vast Bribe from them out of the Towns Money, which was afterwards obtained, when they were removed.  
The Provost of Glascow, Aberdeen and Gadburgh, were put under the same Sentence, for signing a Letter to your Majesty in the Convention of the Burroughs, with the rest of that Body; which Letter was advised by him who is now your Majesty's Advocate as that which had nothing in it which could bring them under any Gild: And yet those three were singled out of the whole number, and incapacitated, besides a high Fine and a long Imprisonment, as your Majesty will more fully perceive by another Paper.  
Sir Patrick Home of Polworth, being sent by the Shire of Berwick to complain of some illegal proceed, and to obtain a legal remedy to them, which he did only in the common form of Law, was also declared uncapable of Public Trust, besides many month's Imprisonment.  
The Provost of Linlithgoe being complained of for not furnishing some of your Forces with Baggage-Horses, was called before the Council, and because he said they were not bound in Law to furnish Horses in such manner, he was immediately declared incapable of Public Trust, and was both Fined and Imprisoned.  
There are also 50 of the Town of St. Johnstons' incapacitated upon a very slight pretence, so that it is now impossible for them to find a sufficient number of Citizens for the Magistracy of that Town.  
2. Your Subjects are sometimes upon slight, and oftentimes upon no grounds Imprisoned, and sometimes kept Prisoners many months and years, nothing being objected to them, and are required to enter themselves Prisoners, which is contrary to Law. It was in the former Article expressed, that many of the persons declared uncapable of Public Trust, did also suffer Imprisonment. And besides these instances, Lieutenant General Drumond (whose eminent Loyalty and great Services are well known to your Majesty) was required to enter himself Prisoner in the Castle of Dunbarton, where he was kept one year and a half, and was made a close Prisoner for nine months of that time; and yet nothing was ever objected to him to this day, to justify that usage.  
The Lord Cardrosse was for his Ladies keeping two Conventicles in her own House (at which he was not present) Fined 11000 l. and hath now been kept four years' Prisoner in the Castle of Edinburgh, where he still remains, although he hath often petitioned for his Liberty: And Sir Patrick Home hath been now a second time almost one year imprisoned, and nothing is yet laid to his Charge.  
Besides these illegal Imprisonments, the Officers of your Majesty's Forces carry frequently Warrants with them, for apprehending persons that are under no legal Censures, nor have been so much as Cited to appear; which hath put many of your Subjects into very great fears, especially upon what was done in Council three years ago.  
Captain Carstaires (a man now well enough known to your Majesty) did entrap one Kirkton an Outed Minister into his Chamber at Edinburgh, and did violently abuse him, and designed to have extorted some money from him: The noise of this coming to the ears of one Bayly, Brother-in-law to the said Kirkton, he came to the House, and hearing him cry Murder, Murder, forced open his Chamber-door, where he found his Brother-in-Law and the Captain grappling: The Captain pretended he had a Warrant against Kirkton, and Bayly desired him to show it, and promised that all Obedience should be given to it; but the Captain refusing to do it, Kirkton was rescued. This was only delivering a man from the hands of a Robber, which Nature obligeth all men to do, especially when joined with so near a Relation.  
The Captain complained of this to the Council, and the Lord Hatton with others were appointed to examine the Witnesses; and when it was brought before the Council, the Duke of Hamilton, Earls of Moreton, Dumfrize and Rincardin, the Lord Cocheren, and Sir Archibald Primrose then Lord Register, desired, That the Report of the Examination might be read: But that not serving their ends, was denied, and thereupon those Lords delivered their Opinion, That since Carstaires did not show any Warrant. nor was Clothed with any Public Character, it was no opposition of your Majesty's Authority in Bayly, so to rescue the said Kirkton: yet Bayly was for this Fined in 6000 marks, and kept long a Prisoner.  
Those Lords were upon that so represented to your Majesty, that by the Duke of Lauderdale's procurement they were turned out of the Council, and all Command of the Militia. And it can be made appear, that the Captain had at that time no Warrant at all against that Kirkton, but procured it after the Violence committed; and it was antedated on design, to serve a turn at that time. This manner of proceed hath ever since put your Subjects under sad apprehensions.  
There is one particular further offered to your Majesty's consideration, concerning their way of using Prisoners.  
There were 14 men taken at a Field-Conventicle, who (without being legally convict of that or any other Crime) were secretly and in the night taken out of Prison, upon a Warrant signed by the Earl of Linlithgoe, and the Lords Hatton and Collington, and were delivered to Captain Maitland, who had been Page to the Duke of Lauderdale, but was then a French Officer, and was making his Levies in Scotland, and were carried over to the Service of the French King in the year 1676.  
3. The Councils hath upon many occasions proceeded to most unreasonable and arbitrary Fines, either for slight Offences, or for Offences where the Fine is regulated by Law, which they have never considered, when the persons were not acceptable to them; so the Lord Cardross was fined in 11000 l. for his Ladies keeping two Conventicles in his House, and Christening a Child by an Outed Minister without his knowledge. The Provost formerly mentioned, and Baily, and many more, were also fined, without any regard to Law.  
4. The Council hath at several times proceeded to the taking of gentlemen's dwelling-Houses from them, and putting Garrisons in them, which in time of Peace is contrary to Law. In the year 1675, it was designed against twelve of your Majesty's Subjects, and was in execution in the Houses of the Earl of Callender, the Lord Cardross, the Lady Lumsden, etc. and was again attempted in the year 1678. the Houses belonging to the Lairds of Chesnocke, Blaghan, and Rawallane, were possessed by Soldiers, and declared Garrisons: Nor did it rest there, but Orders were sent from the Council, requiring the Countries about these Houses to furnish them for the Soldiers Uses, and to supply them with Necessaries, much contrary to Law. It was against this that Sir Patrick Home came to desire a Remedy, and common Justice being denied him, he used a legal Protestation in the ordinary form of Law, and was thereupon kept many months a Prisoner, and declared uncapable of all public Trust.  
5. There is another Particular, which because it is so odious is unwillingly touched, yet it is necessary to inform your Majesty about it; for thereby it will appear, that the Duke of Lauderdale and his Brother, have in a most solemn manner broken the public Faith that was given in your Majesty's Name.  
One Mitchell being put in Prison, upon great suspicion of his having attempted to murder the late Archbishop of St. Andrews, and there being no Evidence against him, Warrant was given by the Duke of Lauderdale, (than your Majesty's Commissioner and Counsellor) to promise him his Life, if he would confess: Whereupon he did confess; and yet some years after, that Person (who indeed deserved many deaths, if there had been any other Evidence against him) was upon that Confession convicted of the Crime, and the Duke of Lauderdale and his Brother being put to it by him, did swear, that they neither gave nor knew of any assurance of Life given him: And when it was objected, that the promise was upon Record in the Council-Books, the Duke of Lauderdale did in open Court (where he was only present as a Witness, and so ought to have been silent) threaten them, if they should proceed to the Examination of the Act of Council, which (as he then said) might infer Perjury on them that had sworn, and so did cut off the proof of that defence, which had been admitted by the Court as good in Law, and sufficient to save the Prisoner, if proved. Thus was that man hanged upon that Confession only, though the promise that drew it from him doth appear upon Record, and can be proved by good and clear Evidence: And from this your Majesty may judge, what credit may be given to such men.  
We do not at present enlarge upon other Particulars, though of great importance, such as Monopolies, selling Places and Honours, turning men of known Integrity out of their Employments, to which they had a good and just Right during their Lives; the Profits of one of the most considerable of these being sequestered for some time, and employed for the Duchess of Lauderdales' use, the treating about, and the receiving of great Bribes by the Duke and Duchess of Lauderdale, and the Lord Hatton, and particularly from the Towns of Edinburgh, Aberdeen, Linlithgoe, and many others, for procuring from your Majesty Warrants for illegal Impositions within these Towns, to the manifest and public perverting of Justice in Sessions, besides the most signal abuses of the Mint and Copper-Coin, that are most grievous to all your Subjects. But the number of these is so great, and they will require so many Witnesses to be brought hither for proving them, that we fear it would too much trouble your Majesty now to examine them all; but your Majesty shall have a full Account of them afterwards.  
One thing is humbly offered to your Majesty, as the Root of these and many other Oppressions, which is, that the method of governing that Kingdom for several years hath been, That the Lord Hatton and his Adherents frame any Letter that they desire from your Majesty, to your Council, and sends it to the Duke of Lauderdale, who returns it signed, and this is brought to the Council; upon which, if a debate at any time ariseth, concerning the matter of the Letter, as being against or without Law; and when it is proposed, if a Representation of that should be made to your Majesty, than the Lord Hatton in his insolent way calls to have it put to the Question, as if it were a Crime to have any Warrant either debated or represented to your Majesty, which is procured by the Duke of Lauderdale or himself, and this is echoed by his Party, and by this means any further debating is stopped.  
There are some other Particulars relating to these Heads, that are to be offered to your Majesty in other Papers, which are not added here, lest your Majesty should now be troubled with too long a Paper.