AN ACCOUNT OF SCOTLAND'S GRIEVANCES By reason of The D. of Lauderdales' Ministry, Humbly tendered To his sacred Majesty. TO THE KING SIR The following sheets, containing for the most part, the complaints of your people, against your Commissioner, do so naturally address themselves to your Majesty's tie., that I could not deny them this inscription; some may possibly endeavour, to render the presumption more criminal, by censuring what is thus offered, by a concealed hand in a public manner, for a libelling pamphlet: And truly I am sorry, that the mere iniquity of the objectors, should force upon it so much of a disloyal resemblance; but sieng that it advanceth nothing, which I might not avowedlie present to your Majesty's tie., on your throne, and environed with both your Par lts., and athere own and justify, in every point; I am hopeful, that the truth and importance of what is here honestly held forth, for your own and your kingdoms good, and not the partiality of any whose interest it is to have abuses covered, shall incline you to a more favourable reflection. I must also tell your Majesty's tie. that after the endeavours, that have been used, to inform in the more dutiful methods, what appears less civil in this (that may be thought too communicative) is nevertheless excused by a very loyal expediency; for albeit your Majesty's ties. goodness, be indeed the great comfort and hope of your people, and their loyalty an impregnable defence, against all sinistruous suspicions; yet this discovery of some men's peculiar guilt in these strange do, wherein for their own safety, they have dared to involve your Majesty's ties. authority, may both fortify, by a general concurrence, my weak enterprise, for your Majesty's ties. better information, and also signallie contribute to, the assistance and relief of duty against too many obvious tentations. However as I am sure, that a success in this essay, suitable to the sincerity of the affection whence it flows, is the most dutiful wish that any heart is capable of; so, that your Majesty's tie. may be constantly directed to those counsels and courses, that may render you the most glorious and blissed of all Princes, is and shall be ever the fervent prayer of SIR Your Majesty's ties. most humble, most obedient and most affection at subject▪ When, in the year 1660., it pleased God to restore his Majesty's tie. to these his kingdoms; with how cordial and universal a Joy this blessing was welcomed by Scotland, is almost still recent in every one's remembrance: Neither was this Joy a mere raptour of passion, or its demonstrations confined to transient expressions; if his Majesty's tie. had done all for himself and us, which God did for both, the real and solid retributions of our acknowledgement could hardly have been more large. I shall not at present descend to a full enumeration of instances, the whole tenor of the greatest part of the Acts, passed in Par lt in the years 61. and 62., do make but one entire evidence; yet there are a few things which do well deserve a more particular observation. As first, that upon occasion of our former troubles, and as if their cause and rise had only been from the people's mutiny, takeing advantage of the defects or neglects of the regal power, that might have prevented it; We did establish, both by Acts, oaths, and subscriptions, his Majesty's ties. prerogative, to be absolute and incontrollable, in the choice of all Officers of State, Councillors and Judges, and in and over all matters of peace, war, leagues, bonds, meetings, conventions and Parliaments, with a distinct exclusion of all exceptions. It is true, that many did even then think this a stretch beyond what the frailties of men, and casualties of human affairs, can reasonably allow, and that it is no less wisdom, to veil the sacred heights of Sovereignty under the shreine of an uncontroverted supposal; then to expose them, by perremptorie determinations, to the cavillings of irresistible exigencies; and therefore did prefer the moderation of our Ancestors, who notwithsstanding the frequent occurrence of many more violent provocations, yet did ever leave these points, in that fair indefinitnesse, which duty doth always construe to an universality, without interfeiring with the pretences of necessity: But heavens extraordinary favour, did at that time so second the constancy of our love to a Prince so long wished for, that our great persuasions of his singular enduements, without any regard to the peevish cautions of scrupulous prudence, were the only measures of our concessions, and therefore 2dly, our loyalty did not here subsist, but notwithstanding that the foundest policy hath always judged, the power in the Prince and purse with the people to be the justest balance of government, yet we, forgetting all preceding distresses, to testify the abundance of our affection by the rarest indication whereof our Nation is capable, do frankly add to his Majesty's ties. revenue, above the double of what he formerly possessed; and do netly grant him, by a voluntary establishment, more, I am persuaded, then ever his benign disposition would have exacted, upon an absolute surrender: And indeed this, our liberal offer, was, at that time, so rightly esteemed the utmost of our ability, that, amongst other motives mentioned in the Act of Par lt. it is expressly set down, That his Majesty had signified his resolution not to raise any more Sess; and yet how often, since that time, our benevolence hath by Commissioners been drawn forth, beyond our power, upon pretext of his Majesty's ties. occasions; the taxations and assessments that have been imposed on us, within these few years, do planlie witness, But 3dly, so exuberant were the propensions of our hearts toward his Majesty's tie., that, as if all this subjection professed and liberality offered, had been far short of duty, we further, by an Act entitled, An humble tender to his sacred Majesty's tie. of the duty and loyalty of his ancient kingdom of Scotland, mancipat our very liberties and persons to his Majesty's ties. devotion and service; and do thereby in acknowledgement of our duty, make humble and hearty offer to him of 20000. footmen and 2000 horsemen, sufficiently armed, and furnished with forty day's provision, to be in readiness upon his Majesty's ties. call, for the ends there mentioned: And by the same Act the Par lt. doth declare, that if his Majesty's tie. should have further use of their service, the kingdom would be ready; every man betwixt sixty and sixteen, to join and hazard their lives and fortunes, as they shall be called for by his Majesty's tie., for the safety and preservation of his sacred person, authority, and government. 4thly, That there might be nothing wanting to these ample expressions of our loyalty, the Par lt. by another Act, in dutiful and humble recognizance of his Majesty's ties. prerogative royal, doth declare, that the ordering and disposeall of Trade with foreign nations, and the laying of restraints and impositions upon foreign imported commodities, do belong to his Majesty's tie. and his successors, as an undoubted privilege and prerogative of the Crown, and that therefore they may do therein as they shall judge fit for the good of the kingdom. 5thlie, That it might appear to the world, that we placed the security of all our interests, more in our confidence of his Majesty's ties. goodness, then upon the firmest provision of the best laws; although the Par lt. 1641. was held by his Majesty's ties. Father of glorious memory present in person, and many Acts were there passed and superscribed by him, for the settling of our religion, and liberties, with all the maturity of judgement, that long and well weighed experience, many and well managed treaties, and England's mediation, could furnish; Yet, because their lustre seemed to be a little stained, by the ingrateful remembrance of some previous contentions, wherein it was our misfortune to have his late Majesty's tie. differing from us, we, at one blow, annul that Par lt., and without other reason or distinction rescind all its proceedings. 6thly and lastly, That, for to evidence our unparalelled submission, and resignation unto his Majesty's ties. pleasure, and how that, according to the usual phrase of that time, all that was dearest to us was to him surrendered; notwithstanding, that the Nation since its first reformation from Poprie, had almost continually opposed Prelacy, and after having ejected it, with the severest exclusions, had for many years enjoyed a Church-constitution and ministry, which at least was highly commendable, for its advancing of true knowledge and piety, and in the worst of times did prove the surest bulwark of Monarchy: Yet, out of mere compliance with his Majesty's ties. will, our Par lt. doth consent and the people silently acquiesce, to Presbyteries unexpected overthrow, and Prelacies reestablishment; not that the ruins of what the most part did esteem to be the labour of their Fathers, and work of God, were at that time unconcernedlie regarded, or the consequences of this alteration, which have since ensued, in the least unforeseen; but in a word, to a King so acceptable to us, and to whom we had already given all things, we could refuse nothing. These and other arguments, that then occurred, of the sincerity and satisfaction of our joy, for his Majesty's ties. return, being considered, I think that passage Ps. 126., was not of old more truly said by those concerned, than we may now directly and without paraphrase transferr it to ourselves, viz That when the Lord turned again our captivity we were like them that dream than was our mouth filled with laughter and our tongue with singing etc. But having said eneough of these things, by way of introduction, both for clearing of some particulars, that will hereafter fall in my way, and also for obviating any mistake, that can possibly arise, in prejudice of the country, upon the matters that have been lately agitat among us; I need not use any long deduction of the intervenient changes, to lead us unto the present posture of our affairs. The Earl of Midleton was first honoured, with his Majesty's ties. Commission, ad did therein bestir himself very vigorously, but overhastning, and overpryseing his work, he soon rendered himself obnoxious; so that upon the mutual jealousies betwixt him and the Duke, than Earl, of Lauderdaill, the Earl of Midleton, in his passion mistakeing the method of billeting, for that of open voteing, and in a more justifiable presentment, then righteous judgement, causing My L o. Lauderdaill to be sentenced incapable of public trust; Lauderdaill getteth the advantage; and managing it at Court, by a base insinuation of Earl Midletons' generous disdain of his unworthy practices, in a short time he prevails to Midletons' overthrow, and, as the course less invidious, obtains his Commission to be transferred to the Earl of Rothesse's, whom he accompanies, from Court to this kingdom, for concludeing thatar P lt. And in this last Session thereof it was, that the Act and humble tender above mentioned, was passed with that exorbitant clause, offering the forces therein condescended on, to be in readiness, as they shall be called for by his Majesty's tie., to march to any part of his Dominions of Scotland, England, or Ireland, for suppressing of any foreign invasion, intestine trouble, or insurrection, or for any other service, wherein his Majesty's ties. honour, authority, or greatness may be concerned. Which, though at that time it was looked upon, by some, as superfluously express, and suspiciously distinct (a general offer, being a more aggrieable signification of duty, and a limitation to Scotland, more proper to a Parliaments prudence) Yet the stile and humour of those times, did easily exempt it from particular notice: But what My L o. Lauderdaill, it's principal contryver, did thereby intend, time, the best revealer of secret designs, hath since sufficiently discovered. This Par lt. being dissolved, our new triumphant Church (a quality, which no Church on earth, did ever evenlie bear) came next upon the stage, and being fully authorised by the laws lately made, and then also armed with their High Commission, they go on, in the years 1664. 65. and 66. with their dear and important conformity, at so christian a rate, that I verily believe, that all men, except a few of our laborious and indefatigable ghostly fathers, were perfectly thereby tired out: what pranks were played, tumults excited, and tragedies acted, in these years, by our reverend Clergy, as if emulous of that Presbyterian zeal, which they use so hotly to decry, needs not here be repeated: My L o. Lauderdaill himself, though at that time our sole Minister, was, in appearance, so overcome, and born down by them, to a desperate indifferency, that, in probability, if the Earl of Tweddell and Sr. Robert Murray, had not come in for his admonition, and our relief, the land might have been reduced to the greatest extremities. But they, having then the honour of his favour, and thereby, access to represent things in their true state, became the happy instruments of a very seasonable deliverance, and afterwards of a more expedient indulgence; whereby the Country was very sensibly refreshed, and a great part of its disquiets composed: And this was the condition of our affairs, when unluckilie, in the year 1669. My L o. Lauderdaill, falling into an itch of Grace, and thirsting for a little of that Glory, whereof he had long swayed the Power, procures a new Par lt. to be called, and himself thereto named Commissioner: Now, it being from the date of this Commission, that we may truly calculate the rise of most of our late mischiefs, it will not be amiss, that, in the first place, I summarylie run over the occasion, and continuing of this Par lt. and thereby make way to their more coherent representation; &, it is notoriously known, that, the pretence made for its assembling, was the notion of an Union betwixt the two Kingdoms; but the matter being of great moment, our procedure must also be very flow paced, and therefore, during all the first Session, which continued from the 19 of Oct r. unto the 23. of Dec r., all done about it was only the Parliaments answer to his Majesty's ties. letter: But the truth is, the honour, power, and profit of the place of King's Commissioner, being once tasted, did prove by far the more tempting; and therefore the Par lt. must be continued, for prosecution of the thing, in a second Session, which was accordingly held, from the 28. of July unto the 22. of Agust 1670, and therein the Commission for the treaty, is, in little more than an hour, expedited to such persons, as it should please his Majesty's tie to nominate, or rather My L o. Lauderdaill to suggest; But, albeit that, within a very short space thereafter, this whole project was marred, and its design dissipated like a vapour; yet our Par lt. and his Grace's Commission were still kept current, until that very happily the war, which he had helped to bring on, gives him a new colour, for a third Session in the Year 1672. and thereby, occasion to honour us, with a third visit. At the opening of this Session, his Maᵗⁱᵉˢ are read, intimating the war to be the cause of their meeting; but withal stuffed, with such hyperbolical commendations of My L o. Commissioners Grace, that I am charitable to think, that neither his presumption would have served him to move his Majesty's tie to such things, nor, even his modesty have consented, that the like should be said of him, if it had not been a designed gallantry for his new amiable Duchess, who, by a novel practice, had her place prepared, and was there present: and certainly it is to the same reason, that we must ascribe his breaking up of this Session in the middle, for leading of her Grace, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 about the Country, for several weeks; the members of Par lt., being left to attend their return: & so after the close of this Session, which did dure from the 12. of June unto the 19 of Septr., he goes back again to Court, without any mention of a dissolution; which nevertheless in his particular, happened well: for finding that matters in England begun to frown, and that in the summer 1673, the clouds thickened exceedingly, even to the threatening of an inevitable eruption, at the ensueing meeting or their Par lt.; If Scotland, formerly the theatre of his glory, had not now presented, as a convenient retreat, he might have been in great perplexity: and therefore, for a fourth time, down he must come, only the pretence was not so obvious, yet the war not ended, and the disorders of the fanatics, that have served many a turn, are judged sufficient matter for a letter, wherein his Majesty's tie recommending first the security of the kingdom, and next, the severe chastisement of nonconforming disorders, concludes with many good words in behalf of his Grace in the usual manner: but the 12. of No ur. the day of the meeting of Par lt. being come, after the reading of his Majesty's ties. letter, and a short speech made by the Commissioner, he is greatly surprised, to hear a discourse of grievances begun by Duke Hamiltoun, and seconded vehemently from every quarter, so that he had no way to extricate himself; but by a short adjournment: and thus, from that day to the 9th. of Decr, keeping only five meetings or Par lt., he, on the one hand, endeavours by redressing the grievances of the Salt, Brandy and Tobacco, caballing with his few adhaerers, and insinuating with some of his opposites, to appease matters; and, on the other, he fights and wrestles, with pretences of his Maᵗⁱᵉˢ, and abrupt adjournments, to stave off more touching complaints; until, perceiving all his ground to be lost, he is at length necessitated to deliver himself by one long adjournment for all, and to wait for a more favourable opportunity, from the issue of things then in dependence in England: but notwithstanding, that all things, both at Court, and concerning the English Par lt., have succeeded to his very wish, and that in this interim, he hath omitted nothing at home or abroad, which might dispose affairs to a more propitious aspect; yet when the meeting of our Par lt. recurrs, on the 3d. of March, he again, by his Majesty's ties. express command, chooses to adjourn it unto the 14. of Oct r. next, to the unexpressible surprise, and dissatisfaction of both Par lt. and people. Having thus dispatched the narrative of our Par lt. and its Sessions; for the better understanding of the causes, that have occasioned our discontents, and increased them unto the present distemper, it may be remembered, that, after that the Earl of Midleton was laid aside, the whole mannagement of our affairs, at Court, was devolved upon My Lo. Laud., as sole Secretary, for this kingdom, neither can it be accounted an imposing, by any knowing person, to affirm, that he did no less absolutely exercise it. His Maᵗⁱᵉˢ absence from our Country, and his necessary unacquaintedness, by reason thereof, both with persons and the condition of matters amongst us, do certainly extend, and raise this employment to the greatest and highest trust: But My Lo. Lauderdaill, according to his noble self confidence, apprehending more the control of other men's officious meddlings, than the least possibility of his own mistaking, did further improve the thing, by the particular care and caution that he took, to have himself his Maᵗⁱᵉˢ as well as his sole Secretary; and therefore, not only upon the pretence of his Maᵗⁱᵉˢ, were our matters, for the most part, disposed of above, without any previous advice of his Maᵗⁱᵉˢ in Scotland; but strict notice was also taken of all Scotchmen coming to Court; and to attempt an address, or access to his Majesty's tie., otherwise then by My Lo. Lauderdaill, was, no less, than the hazard of his implacable resentment. I need not here mention his supine, or rather designed, neglect of introduceing Scotchmen to offices about Court; it is obvious to every one, that even those vacancies, happening by the death of Scotchmen, were there, through his fault, discontinued from the nation: it was also his study and work, as he hath often publicly boasted, to have the Court Council for Scotch business, upon pretext that it consisted of Englishmen, disused and suppressed: But as it is evident, that he did draw to himself the whole significancy of our Nation in England, merely for the augmenting of his own value, so it is no less clear that he ordered all things amongst us at his own pleasure. Thus, from himself alone, Privy Councillors are named, Lords of Session and Exchequer placed and removed, gifts and pensions granted, Armies levied, and disbanded, General Officers appointed, this Par lt. called, and all other matters of importance transacted, as he thought good to advise and direct: And the truth is, that for several years, the thing was quietly comported with, forasmuch as, we did not only consider that the present state and circumstances of our government, did someway oblige us to this condition; but did also find, that so long as Chancellor Hyde did force My Lo. Lauderdaill to consult, more his prudence, than his humour, his administration, though too absolute, was yet not altogether unreasonable: But, this restraint being once removed, and his ambition left at liberty to swell with his prosperity, what strange and grievous effects it hath since produced, especially after his rising to be his Maᵗⁱᵉˢ, the plain history of things, without the persuasions of any other argument, will best evince; and because that the order observed, or intended in Par lt., will probably give most satisfaction, it shall also be the rule of our method. The first, and great grievance then, mentioned in Parlt., was the monopoly of the Salt, which being by My Lo. Lauderdaill procured, to the Earl of Kincaerden his friend, by his Maᵗⁱᵉˢ, allowing the praeemption of Inland and prohibition Foreign salt, was worth to the interessed more than 4000 lb. st. yearly; but not only with twice as great a diminution of his Majesty's ties. revenue, but to the general and heavy distress of the whole country; it being most certain, that the nation was thereby reduced to those straits, that in many places, the poor people were necessitated, to send several miles to the sea, for salt water, to supply their indigence; and in other places were constrained, to give 18. or 20. shillings st. for the same quantity of salt, which, before the granting of this Gift, they used to buy for 3 sh. and 6. d. or 4. sh.; so that in effect the clamours of the people were ready to break out into uproars and tumults. Which grievance is so much the more chargeable upon My Lo. Lauderdaill, because that when his Maᵗⁱᵉˢ Officers, perceiving that the first design of this Salt-project could not take, and that the consequences of this gift would be very hurtful, did by their letter give full information to the Court of the prejudices and dangers, likely to ensue upon it, in stead of prevailing, they were rather chid and menaced for being so officious. The second grievance was, that of the Brandywine, which was thus occasioned; in the Par lt. 1663. there was an Act made, prohibiting the importation of strong waters, and so of brandywine; whereupon, in the year 1672., My Lo. Lauderdaill obtains for the L. Elphinston, who had married his Niece, a gift of this prohibition, and of the seizures, that should be made upon it; but the contrivance was not to render the law effectual, but indeed to circumvene it; for the Patentees advantage; who, in place of hindering the import, did give to the Merchants licenses upon composition, at the rate of 15. or 16. lb. st. per tunn, which would have amounted to at least 30,00. lb. st. yearly; and hereby vast quanties were imported, without the payment of either Custom or Excise, and yet vented again in the Country at excessive prices. The third grievance was a gift of 2 ½ d. per pound upon all tobacco imported; this gift was granted in the year 1673. to Sr. John Nicolson for himself and some other of My Lo. Lauderdails friends, who were his partakers, whereby they should have made a considerable benefit, but with the damage of, at least, two or three thousand pounds st. yearlie to his Maᵗⁱᵉˢ, and the great extortion of the people. These were my Lo. Lauderdails wise and faithful improvements of his Majesty's ties. prerogative in the matter of Trade, which he was so instrumental to have declared, and indeed are perversions, so palpably gross, that comparing events with their causes, a man may find great reason to doubt whether My Lo. Lauderdaill did not intend these very abuses, as much in the framing, as in the violating of, these laws: and yet when they came to be complained of in Par lt., what opposition, and indignation he showed, even to the straining of his Maᵗⁱᵉˢ, in its most tender and delicate part, many hundreds can testify; neither can it be alleged that the things were first moved in Par lt., not for a redress from My Lo: Commissioner, but in order to A representation desired to have been made to his Majesty's tie. Because that, first they being so enormous, and yet instances only, and not the whole of our grievances, a representation to the king, was not more necessary for an adequate remedy, then for future prevention. Next, the matter of the Salt had been already fully remonstrated to his Majesty's tie by his Officers of State, and by My Lo. Laud. procurement, a sharp rebuke, in stead of a gracious relief, was all the return, as I have already marked. But lastly, it is most probable by all circumstances, that if it had not been from the fear, and for the diverting of this representation, My Lo. Lauderdaill, in place of harkening to a redress, had, according to the inflexible constancy of his great soul, in the royal spirit of Pharaoh, and with the brave Politic of Rehoboams young huffs, answered these turbulent murmurers, you are idle, you are idle, your yoke is heavy, but I will add thereto. However necessity, at this time, prevailing, these three burdens are removed, to the people's great comfort, and his Majesty's considerable advantage. But here it is that we are to remark, that the thing wherein his Grace did find himself mostly concerned, was the proposal made, as I have touched, that his Majesty's tie should be by his Parlt. immediately informed of the true state and condition of the kingdom; and indeed his Grace was thereby so hotly allaramed, that little more liberty of speech was allowed, or order observed; but immediately his Maᵗⁱᵉˢ is pretended, that nothing ought to be moved in Par lt. except by the Lords of the Articles, that to them complaints and overtures should be first made, and, if by their vote thrown out, they should proceed no further, and therefore, not only were all motions offered in plene Par lt. checked and interrupted with this common answer, to the Articles, but the Par lt. was certified by his Grace, that if they should all agree to have grievances otherwise treated, and considered, he would interpose and hinder it by his great negative. Now, because, that this pretence of the privilege of the Lords of the Articles, was justly looked upon by all considering men, as a virtual subversion of the power and liberty of Par lts., alike prejudicial, both to his Majesty's tie and the kingdom, it may be observed, First, that this meeting of the Articles, by its last establishment, consists of eight Bishops, chosen by the Lords, eight Lords, chosen by the Bishops, and eight Commissioners of Shires, and eight Burgesses, chosen by the eight Prelates, and eight Lords, first elected, jointly to which were added by the Commissioner the Officers of State. Secondly, That in the contending for the power of this meeting, it was asserted, that not only all business must be by the Lords of the Articles, and by them only, tabled in Parl t., but that, if in the debates upon their reports any new thing should be started, the Par lt. ought not to take notice of it, further, then to return the whole matter to the meeting of the Articles, to be there entertained or supressed at their pleasure. Thirdly, That it is manifest from all our Records, that the rise and constitution of this meeting, was at first by the free appointment of our Par lts., who thought fit to name certain of their number, for framing such overtures as were offered for the public good, into Articles to be enacted for laws according to the ancient form; and therefore, it being at first devised by the Par lt., as a simple expedient for order and dispatch, it was also, both inconstant in its being▪ and variant in its number and method, according as the Par lt. did see cause. Fourthly, That as this meeting was in effect the Committee of the Par lt., for preparing laws; so it is very well known, that there was another, more ancient, meeting ordained by the Par lt. and called, Domini ad querelas or (if you will) the Committee of Grievances, which having continued in all times, was only disused in the 2 d. Session of the Par lt. 1661., to the effect that private affairs, which in the first Session of that Par lt., when our ordinary Courts were not set down, had taken too great a current that way, might, after their restitution, return more easily to their proper channels. Fifthly, That the Act of Par lt. K. I. 6th appointing four of every Estate, to meet 20. days before the Par lt. to receive all articles and supplications, and deliver them to the Clerk of Register, to be by him presented, to the persons of the Estates, to be considered by them, to the effect, that things reasonable, may be formally made and presented to the Lords of the Articles, in the Par lt. time, & frivolous matters rejected; Doth no ways countenance this exorbitant power of the Lords of the Articles, it being manifest, by the order therein set down of preparing matters by a previous meeting, and their subsequent forming, and presenting, by the three Estates, to the Articles, that the Par lts. power of first receiving, and then committing, matters to that meeting, was not, at that time, so much as the subject of the question. But, the only thing intended, was the orderly tableing of things in Par lt. as is yet further apparent, by what is there subjoined viz. that no Article or supplication wanting a special title or unsubscribed by the presenter shall be read or answered in that Convention (to wit of the four of every Estate) or the Par lt. following the same. Which is a provision, so cleerlie preparatory, to the meeting and work of the Lords of the Articles, that it is indeed strange, how men could have the confidence, to obtrude this Act, even to his Majesty's tie, for proveing their pretended prerogative of the meeting of the Articles over the Parlt., which, I dare affirm, did never before this time, enter in the imagination either of King or Par lt. since they were known in this nation. Sixthly, That in the Par lt. 1663., where My Lo. Laud, s. influence was very eminent and signal, there was a particular Act made, for settling the constitution and choising of Lords of the Articles in all time thereafter whereby it is expressly provided, that the Lords of the Articles are to proceed, in the discharge of their trust, in preparing of Laws, Acts, and overtures, and ordering of all things remitted to them by the Par lt., & in doing every thing else, etc. Which words remitted to them do, in their obvious construction, and most received signification among us, very evidently suppose, and hold forth, the power, and use, of proposing to be in the body of the Par lt., and that the Lords of the Articles are to act upon their references, as their Committee. Which arguments, being well prepended, and the unanimous suffrage of reason, law and sense, that do plainly say, that no Court can or aught to be cypherized by its own delegates, being thereto added; I think I may, without difficulty, affirm, that his Grace by attributing to the Articles this praeeminence, and superintendence over the Par lt., and thereby depriving it of its just liberty, did directly impugn, and highly derogate from its authority and dignity; and so became guilty of a greater grievance, than any of those, which he laboured to avoid. It's true he wanted not cogent enough motives, for what he did; he saw, in the first place, that the meeting of the Articles, (whereof he supposed, that his former care, with the obsequiousness of the Bishops, would gain him the plurality) was his only refuge, from the terror that he became to himself in the apprehension, that otherwise his actings might come to be truly discovered by a faithful Par lt. to a gracious Prince: And next, the Par lt. had, out of their exceeding tenderness of duty to his Majesty's tie, testified, in their preceding sessions, so much compliance with all his humours, as well as deference to his character, that he had fully assured his ambition of their eternal submission; neither was this assurance a groundless flattery, for he knew, that he had put the matter to the proof, upon several occasions, as first, when upon a vacancy falling out in the meeting of the Articles, the Par lt. did allow him to supply it by his nomination. 2dly, when contrary to the received custom (& yet without contradiction) he caused exclude from being present at the meetings of the Articles, all such members, as were not thereto named, to the effect, as it is probable, that the body of the Par lt., being less prepared, might the more implicitlie go along withal their conclusions▪ and 3dly. when in the 3d. session of this Par lt., upon an overture made by a member, in the debate about the sumptuarie act, that the summer session might be taken away, he passionately blustered out, that, for that very presumption the thing ●hould not be done so long as he was Commissioner, with many other foolish words to this effect: Yet in all these he was tamely born with. But, albeit these things may possibly excuse his being so untractable to free reasoning, with which he had been so little acquainted; yet it remains still a matter of just wonder, that, at least, the interest of his Maᵗⁱᵉˢ, visibly exposed by such an intolerable stretch, did not oblige him to a better behaviour, in so concerning a contest: For as much as, it is evident, that if the prudence and loyalty of the Par lt. had not restrained, nothing else could have retrived the prerogative, from the inconvenience of this hard dilemma, either of being subjected to a necessary regulation, or of being the occasion of a seeming breach betwixt the King and his people. But the Par lt., being resolved to decline that point, with their utmost circumspection, choosed rather to maintain their possession, by an uneasy exercise, then to assert their right with the smallest umbrage of offence, not doubting, but that his Majesty's tie would, in due time, determine the controversy to their satisfaction. And therefore, leaving it, as it stands, I shall again return to my main work, and prosecute our grievances, in such order as the members of Parl t. found access to move them in: only, seeing that their endeavours had no better success, than to provoke his Grace to break up this fourth Session, with a two month's adjournment, I shall here handle them more fully than they were there spoke to. The fourth grievance than is, the corruption of our Mint and Coinage, whereof My L. Hatton the D. of Laud s. brother is General; this complaint was grounded in the universal clamour of the people; who have found, for these several years, that the intrinsic value of our silver coin is sensibly diminished, both in its weight and fineness, to the nations great damage, and dishonour; beside it doth add to the resentment, that the same L. Hatton having, some years ago, filled the Country, with a light copper coin, without observing, either the quantity, or the weight and value prescribed, was nevertheless by My L. Laud s. means, secured and indemnified: It is also remembered, that the better to enable him to this depravation of our silver coin, the Dutch dollars, called the leg dollars, usually imported by our merchants, and current amongst us at 58.d. per piece, were cried down by the D. of Laud s. procurement, to 56.d. for no better reason known, than that they might be brought in for bullion, to the mint-house, for his brother's benefit: But though, that all demanded in Par lt. about this matter was, that there might be an examination of the coin appointed, and an account given of the bullion, which hath been long neglected; yet the memorial given in for that effect, was not regarded: It is true that My L. Laud., after the Decr. adjournment of the Par lt., did move his Majesty's tie to write a letter, and thereupon bring the business to a trial, before the Council; but in a manner so partial, that I profess it is my admiration, how any man should have a confidence strong enough for such practices. The subject of our complaint is the stock of our current money, and all appointed by his Maᵗⁱᵉˢ, is, that there should be a trial made upon the Essay box, and the pieces therein contained. I shall not say, that the oversight thereof hath been altogether in My L. Hattons own power and trust these years by past, yet so certain it is, that this box or pixis hath been of late so greatly neglected, that one of My Lo. Commissioners friends, appointed for the examen, could not forbear to say, that they were met to see whether the Officers of the Mint were as much fools as they were suspected to be knaves, but notw●h●tanding this the trial goes on, and moreover the pieces are not brought to the essay severally, but the whole (with what mixture of finer pieces coined and conveyed in on purpose, to compense the base, who can tell) is melted down together in one mass, and thereupon the essay made, and the report thereof, with some small lignots, sent up to the King; which proving (to be sure) according to the design of the contryvance, his Majesty's tie within these few days, sends down a second letter to the Council, signifying his satisfaction, and willing Hatton and the rest of the Officers to be exonerated: But when this letter is read, it is opposed that the grievance of the Mint had been tabled in Par lt., where the trial should also be issued, that his Maᵗⁱᵉˢ letter did only order a trial to be made of the essay box, which if either falsified, or otherwise eluded, could not be a ground of release to the Mint-Officers, so long as it was manifest, that almost the whole of the current coin is defective and debased; and lastly, there was offered, a bag of money lately received out of the mint Office, sealed with the Officers seals, which they could not but still acknowledge, and it was desired that there might be a trial made on the species therein contained. Notwithstanding all which, My L. Commissioner, and the plurality of the Council, proceed and vote an exoneration, conform to his Maᵗⁱᵉˢ letter. Now is not this a noble way of redressing grievances, to purge the Author, and leave the thing untouched? nay to make the greatest aggravation that can be of his failing, viz. the corrupting or frustrating of the checque, the best ground of his clearing, and all this contrary to the reclaiming evidence, of almost, as many witnesses, as there are pieces of his Maᵗⁱᵉˢ minted in Scotland; it being certain that amongst hundreds that have been tried, very few have been reported to be, standard. The fifth, is the filling of our Courts of judicatory especially our Session (which is the supreme for administration of justice) with ignorant and insufficient men: This is a grievance so notorious that I am sorry, that it leaves me not so much as; the shadow of a compliment, in forbearing to name the persons; S r. Andrew Ramsey, one of the four lately brought in by My L. Laud., being questioned in Par lt. (as we shall hear) did voluntarily demitt in his Grace's hands; and yet I am assured that I neither favour him, nor wrong the other three, when I give him the preference both as to parts and knowledge. But the evil doth not here subsist; it's more afflicting progress is, that in effect My L. Lauderdails all-swaying power, his brother's headiness, and other men's baseness, have introduced that partiality, both in the Session and other Courts, that, the very foundations of law and right, are like to be shaken; as was ready to have been instanced in Par lt., in several late decisions, prepared for seconding the memorial given in for a trial of this matter: And this was also the cause of another overture then thought upon, and since moved to his Majesty's tie, viz. that there should be a methodical digestion of our laws, and that the rules of judgement should be rendered more fixed and certain▪ but in place of a remedy, these things were all adjourned with the Par lt., & since their breaking up, new practices have been used, to make the case more desperate: For there being, in February last a sentence interlocuture pronounced by the Lords of Session, in an action betwixt the E. of Dumfermling and L. Amond, the L. Amond, finding himself thereby grieved, thought good to protest, and appeal to the King and Par lt: but My L. Commissioner looking on this as a novelty (albeit it wanted not precedents, and that even his Grace's Father, who was himself a Lord of the Session did more, in appealing from the Session to the King only) lays hold on the occasion, and (as its like) as well to ingratiate with the Lords, as to reach some Lawyers who had displeased him, the Lords are by him moved to write to the King, complaining of the thing, as contrary to several Acts of Par lt., and of dangerous consequence; to which an answer is as quickly returned, signifying his Maᵗⁱᵉˢ against it, and ordering the Lords to inquire, by My L. Amond and his Advocates their oaths, who were its contryvers: But when the business comes to be examined, My L. Amond owns the Appeal, and adheres to it in the sense wherein his Advocates, by a resolution under their hands, had affirmed it to be justifiable, viz. that, although by Acts of Par lt., there did lie no such appeal from the Lords, as could stop their proceedings, or the execution of their sentences; yet seeing the Par lt. was the absolute sovereign Court of the kingdom, and hath sometimes upon complaint rescinded the Lords their decreets, an appeal by way of protestation, to relieve the appellant of the prejudice of a constructive acquiescence, might be lawfully made from the Lords to the King and Par lt. and that this they conceived themselves bound to assert, lest they should contraveen the law, that forbiddeth all men, under the pain of treason, to impugn the supreme authority of the Par lt. But albeit both his Maᵗⁱᵉˢ and others of the Bench gave their opinion, that an appeal in this sense, is not against law, and none of the rest did or can assert the contrary; Yet My L. Commissioner still pousseth on, and will have My L. Amonds Advocats to depose upon oath, about its contryvance, whereupon the Advocates do, on the other hand, answer as positiulie, that the appeal being owned by My L. Amond, and offered by them to be justified, there was no more subject of inquisition; that his Maᵗⁱᵉˢ did suppose the thing to be unlawful, and no man was bound, in a matter of that consequence, to give oath against himself; that, by an express law, men should not be required to give oath super inquirendis; and lastly, that by their oath, as Advocates, they were bound not to reveal the secrets of their Clients, whereunto the oath demanded seemed to tend. And to this last point the whole body of the Advocates do Join, and declare their concurrence. But notwithstanding these answers, the Lords, refusing to transmit the Advocate's reasons, write up a second letter, acquainting the King with their denial. In which heats and disputes, unnecessarilie drawn on, by My L. Commissioners straining humours, about the authority both of King, Par lt. and Lords of Session, and after a second appeal made in the same manner, the Lords, according to their usual diet, break up until the first of June, whether to the increasing, or abating the grievance here mentioned, I leave it to others to Judge, and to time to determine. The sixth grievance is general gifts of his Maᵗⁱᵉˢ such as the general gift of Wards and Marriages to the Earl of Kincaerden, contrary to express Acts of Par lt., and to his Maᵗⁱᵉˢ prejudice, and the vexation or his subjects: For these casualties, being of an undetermined extent, as uncertain as the death of Vassals, and ordinarily attended with many circumstances, whereof his Maᵗⁱᵉˢ and goodness can only best arbitrate; the reason both of the law, and also of his Majesty's ties. and his subjects their interest, against all such gifts, is abundantly obvious. Neither is the aggravation, arising from the persons, the procurer, and the purchaser, less considerable; the D. of Laud, and Earl of Kincaerden are, both of them, Commissioners of his Maᵗⁱᵉˢ, and also extraornarie Lords of the Session, so that being doublie obliged, by these two great and honourable trusts, equally to intend his Maᵗⁱᵉˢ, and the observation or his laws, their delinquency in this point, cannot but be accounted a high misdemeanour; which to excuse, by saying, that, notwithstanding the gift, no action hath been thereon founded, but all proceedings carried on in his Maᵗⁱᵉˢ, and by his Officers, after the usual form; when in the mean time, My L. Kincaerden doth treat, and compound, and takes up the profits of all sentences, what is it else save to acknowlegde a transgression of the sense, in the manifest circumvention of the words, of the law: Is is true that this gift is not the first of this nature that hath been granted: Immediately after his Maᵗⁱᵉˢ My L. Lauderdaill and others got a gift of all preceding casualties, and the Earl of Kincaerden, had also a prior gift for three years, whereof this is only a prorogation, by virtue of all which many thousands of pounds have been very rigorously exacted: but seeing, there can be hardly any thing more unreasonable, then to pretend a privilege in evil from men's forbearance, it is evident that these things, do only render the grievance exceedingly more grievous. These three last grievances, having been moved in Par lt., immediately before its Dec r. adjournment, before I pass to other things that were not moved, I shall briefly narrate two other passages, that were thought also to influence it. The first shall be of one Mr. Paterson Dean or Edinburgh; this man, after the first conflict in Parlt. about a representation, to be made to his Majesty's tie., preaching before the Commissioner, was pleased to tell his auditors, that sometimes God for the sins of a people would raise up a fawning Absalon to flatter, and kiss them, and to steal away their hearts, by bemoaning their grievances, and saying that their matters were good and right, but there was no man deputed of the King to hear them, until at length a Sheba the son of Bichri, should arise to sound the trumpet of rebellion and say, We have no part in David, etc. with many more words to this purpose; which discourse, by all its circumstances, carrying an intolerable reflection upon some members of Par lt., and that so obviouslie, that notwithstanding that Mr. Paterson did swear, that he thereby intended no particular person, yet, unless they had been inspired, it was impossible not to think them designed; there is thereupon a complaint exhibited, craving that Mr. Paterson might be called to account for such seditious speeches; This the Commissioner would at first have waved, and then, finding that it was like to be warmlie pressed, he agrees, that the examination be committed to the Lords of the Clergy, but although a competent time was given them, and their report often demanded, yet it was still declined and delayed without any issue. The second shall be about Sr. Andrew Ramsey, This man having been Proveist of Edinburgh under Oliver, and complied with him to the height of being Knighted, and thereafter getting himself reknighted and reentred Proveist by the E. of Midletons' favour, upon his disgrace, very quickly strikes in with My L. Laud., with whom and the tradesmen of Edinburgh, he by his long-practised arts, of flattery, and bribery, did so mightily prevail, that after having been ten years' Proveist, and in that time domineered over the City, and enriched himself by their rents and moneys at his pleasure, he dreamt of nothing less, than a perpetual dictatorship: What kind deallings, during these years, were betwixt My Lo. Laud. and him is sufficientle known, the office of Proveist which never had before either fee or salary, yet now by My L. Laud, s. procurement in behalf of his favourite, hath a pension of 200. lb. st. yearlie, annexed to it. 2dly. the Militia, being established, the Proveist is made Colonel, and his son Major, of Edinburgh regiment, and with a 100 lb. st. to the Major of yearly salary. 3dly. S r. Andrew having, neither for a just price, nor by the fairest means, got a title to a bare insignificant rock in the sea, called, the Bass, and to a public debt, both belonging to the L. of Wachton; My L. Lauder., to gratify Sr. Andrew, moves the King, upon the pretence of this public debt, and that the Bass was a place of strength (like to a castle in the moon) and of great importance, (the only nest of Solengeeses in these parts) to buy the rock from Sr. Andrew, at the rate of 4000 lb. st., and then obtains the command and profits of it, amounting to more than a 100 lb. st. yearlie, to be bestowed upon himself. But, besides this, there was also here an open reciprocation on S r. Andrews part; for it having pleased his Majesty's tie, about the same time, to perpetuate to the Town of Edinburgh a gift, which they had enjoyed for some years by temporary grants, S r. Andrew takes this occasion to express his gratitude to his Patron, and representing to the town, how much My L. Laud. had befriended them in that matter, he persuades them to acknowledge it, with a benevolence of 5000. lb. st. 4thly. My Lo. Laud. procures Sr. Andrew, to be made first a privy Counsellor, than a Commissioner of the Exchequer, and last of all a Lord. of the Session, although the best breeding that ever he had, for these employments, was that of his being once a merchant. But here, illnatured envy maliciously disdaining these ridiculous preferments, and taking the advantage of S r. Andrews manifold maleversation, incites first the murmurings of the Citizens, and then at Michaelmess 1672, the opposition of some of their Council, against his continuance in office: Nevertheless S r. Andrew, albeit with extreme wrestling, gets through for that time, and to prevent the recurring of the like difficulty, thinks fit to inform My L. Laud., that some factious persons had stirred up tumults, to disturb his election, and thereupon his Maᵗⁱᵉˢ are directed to the privy Council, ordering them to examine the matter, and report: When the privy Council received these letters, the most part were not a little surprised, to see a command from Court, to inquire about a tumult, alleged to have been made, in the place of their residence, whereof they had not before heard; yet in obedience, albeit there was as good as nothing found, the report was made, which all men judged would be the close of that affair: But S r. Andrew being resolved, notwithstanding that the body of the City was generally set against him, to carry also the next election, the better to prepare for it, obtains by My. L. Laud. a letter from the King, in Sept r. last to the Town-Councell of Edinburgh, resuming the story of the tumult, and thereupon ordaining Mr. Roughheed their Clerk to be removed from his office, as being thereto accessory, concluding that his Majesty's tie would supersede to determine as to others, until he should be informed of their behaviour in the ensuing election: I shall not mention all the little insolences, wherewith Sr Andrew did execute these orders against that Gentleman; the thing considerable is, that all that heard of this letter, and how that thereby, contrary to law, the right of the Clerks office, was arbitrarilie taken from him, without being heard, and the Town-Councell also indirectly overawed in the freedom of their electing, did look upon the impetrating thereof, as a most dangerous precedent, threatening every man's property and liberty, and therefore, not only was the Clerk encouraged to raise an action declaratory of his right and for repossession, but My L. Laud. preceiving, that the general resentment was justly leveled against himself, as the principal author of this high attempt, he again by a second act, imposing no less upon his Maᵗⁱᵉˢ, then by the former he had abused his justice, moves his Majesty's tie to write a second letter, ordering Mr Roughheed to be restored, without the least acknowledgement, to a place, from which, not 10. weeks before, he had been, by the same method, removed as a seditious incendiary: These then and several other of Sr Andrews high misdemeanours, having deservedly occasioned a complaint to be exhibited against him in Par lt., the Commissioner, observing well what might be its consequence, and yet unwilling openly to undertake his defence & patrociny, consents that the matter be referred to the Lords of the Articles, and there again obtains that the trial of the things charged, should be remitted to the ordinary Courts: But the Par lt. knowing as well as his Grace that those exorbitancies, that flow from the abuse of favour, are commonly coloured with such conveyances, as plain and positive laws, (to which these Courts are tied,) do rarely suspect and so very seldom provide against; do therefore still insist that the Lords of the Articles would bring in their report; whereupon My Lo. Commissioner, understanding better than any man Sr Andrews guilt and his own accession, as a fit expedient, both to appease the people, and to decline so concerning an accusation; upon the Sabbath, wheedles Sir Andrew unto a voluntary dimission of all his places and employments, and upon the Tuesday thereafter adjourns the Par lt. and how he hath since endeavoured to represent him, both here & at Court, as if he alone were chargeable with all his offences is abundantly known. I have been the more ample in this narration, because that, with all reverence to his Majesty's tie, (whom I know to be infinitely removed from all communication in My Lo. Lauds. naughty practices) and proportions also being observed, and the parallels duly commenced from the Year 1662., I do indeed take Sr Andrew Ramsey with reference to My L. Laud. and the City of Edinburgh, to be a very exact model of Lauderdaill himself, in order to his Majesty's tie and all Scotland, and therefore the more ingrateful is his confidence that under such a pressing conviction, should not relieve his Majesty's tie and the Kingdom, in compleeting the similitude by a spontaneous dimission. Having thus gone through these motions made in Par lt. about the Mint, Lords of Session, general gifts, Dean Paterson and Sir Andrew Ramsey I now proceed to these other grievances, which, albeit not allowed to be brought in, were notwithstanding intended by several members, and, in probability, would have been the principal points in the representation which was overtured, to be made to his Majesty's tie. The seventh grievance than is the accumulation of eminent offices upon single persons: I shall not here reflect upon the sufficiency or insufficiency of any, I heartily wish that all men were as careful to cover, as I am willing to conceal their weakness; but the plain ground of complaint is, that My L. Laud. hath procured to himself, and the L. Hatton his brother, and to the Earls of Athol and Kincaerden, his particular friends, not only the most considerable, but also the far greater part, of the more important charges of the kingdom, to the visible weakening of the government, and to the detriment of his Maᵗⁱᵉˢ; thus the D. of Laud. himself, is First, Precedent of his Maᵗⁱᵉˢ. 2dly sole Secretary. 3dly one of the Commissioners of the Treasury: 4thly Captain of the Castle of Edinburgh. 5thly Captain of the Bass. 6thly Agent at Court for the Borroughs. 7thly one of the four extraordinary Lords of the Session: and 8thly (for who knows how long it may continue) his Maᵗⁱᵉˢ Commissioner and all that it imports. The L. Hatton is 1st. Treasurer depute. 2dly General of the Mint. 3dly one of the Lords of Session. The E. of Athole is 1st. Lord privy Seal. 2dly Lord Justice General. 3dly Captain of the Kings Guard. 4thly one of the four extraordinary Lords of the Session. The E. of Kincaerden is one of the Commissioners of the Treasury. 2dly Vice-admiral of Scotland. And 3dly one of the four extraordinary Lords of Session. Principal offices are the stays, as it were, of a State, and their distinction is, not so much determined by their objects, as by the proportionable capacities that most of them do require; beside, as in the multitude of Counsellors there is safety, so in the multitude of Officers there is strength, and their right distribution, doth not more encourage virtue and reward merit, than it settles the administration of the kingdom by a just balance, and thereby becometh equally advantageous, for the people's good, and the Prince's security: But humour and ambition do puff at such creeping politics. My Lo. Laud. hath also introduced the abuse of gifts of the reversions or survivances of places to children & boys, and such are the gifts to My L. Hatton and his son of the Mint-office, to S r. Charles Erskin and his son of the Lion's Office, & several others of that nature; by which continuance of offices, that, at most, used to be conferred ad vitam, his Majesty's tie, is deprived of that excellent part of his treasure, which, with no expense, rewards virtue best, and is indeed the only fond of the most obliging gratifications. The eighth grievance is the maladministration and profusion of his Maᵗⁱᵉˢ: The clearing of this head, in its full extent, would require a more prolix & accurate computation, than is proper for my present work; but that I may give it its necessary evidence & also discover, more fully, the fruits & effects at My L. Laud s. ministry, I shall only here set down, in general, first what sums of money he and his three friends have got in donatives: and 2dly. what sums they receive yearly by their places and pensions, as hath been made appear on several occasions by a particular condescendence. My L. Laud. then, hath got in donatives within these few years no less than 26900. lb. st. and may be reckoned to have yearly since the year 1669. that he was appointed Commissioner, 16350. lb. st. My L. Hatton hath got in donatives to the value of 15300. lb. st. and hath moreover yearlie 1196. lb. st., beside he hath the profits of the Mint and bullion, which last did render in Kings James his time 1000 marks Scots weeklie amounting yearly to 2500. lb. st The E. of Athole got lately by fines 1500. lb. st. and possesseth yearlie 1450. lb. st. The E. of Kincaerdens' gettings by reason of the nature of his gifts and places, cannot be so easily computed, but that they must be very considerable, by his general gift of Wards and Marriages, which he hath had above these three years, may be evidently gathered, from the benefit that he hath made, by some of those particular obventions, which have been compounded for by him, at, or above, the rate of a 1000 lb. how much then may be reckoned, by all that fall over the whole Kingdom? he got also the gift of a ship wracked in Schetland. As for his yearly incomes, beside his pension as one of the Commissioners of the Treasury, he hath also all the perquisits of the admirality, and yet over and above should have had by the gift of the Salt, at least, 2000 lb. yearlie. Now whether these be not excessive largesses, to such persons, for such services, and in the more honest than opulent Kingdom of Scotland is easy to be judged: I grant I have included in the total of My L. Lauds. yearly sums, the pension of 500 lb. st., which he procured, out of our Exchequer, to his Duchess, when she was only Countess of Dysert, and not his married wife; but I suppose that their then circumstances being considered, the error will be excused, with less pain, than it would have been for me, to make the distinction. I need not here subjoin how that, beside these abovementioned sums, almost all pensions and gifts have been bestowed, these years bypast, according to his Grace's pleasure; his power in our affairs being in effect an omnipotency, this part of it is not to be doubted, only it is to be regretted, that in all these excessive givings, so little respect hath been had to those, who have merited most of his Majesty's tie, both by their actings and sufferings. But the thing, that I esteem more worthy to be noticed, is that although since his Maᵗⁱᵉˢ, his revenue in Scotland hath been much above the double of what it was before, and though his casualties have been exacted with abundance of diligence, and great and vast sums otherwise levied by fynes, taxations, and assessments, without the least burden, either of moneys exported for his Maᵗⁱᵉˢ, or of foreign war; yet, through a strange misgovernment, hath all been wasted, and consumed, at home, without any visible improvement, for the public good, or so much as the provision of one freggat, for the defence of our coast, or convoy of our merchants, in these times of war. The 9th. grievance and fountain of all the rest is My L. Lauds. excessive greatness, far above what, either the Kingdom, or himself can bear; I have already observed, how that before he was Commissioner, he had, by reason of his being our sole Secretary and Court-Minister, the absolute rule and dispose of all our concerns; an interposition ungrateful enough, to a people, so affectionately, dutiful to his Majesty's tie. I have also marked, with what a severe jealousy, he debarred all Scotchmen, from any access or opportunity, so much as to speak to his Majesty's tie, otherwise than he pleased; a practice no less disserviceable to his Majesty's tie, then disobliging to free fellow-subjects; I might in the 3d. place add, that, as his Maᵗⁱᵉˢ absence hath occasioned to us the unhappiness of My L. laud's. domination, so his Grace's absence also, for the most part, at Court, doth further subject us to a more base, & disingenuous dependence, upon his ceatures & favourits, nay oftentimes, even upon his servants, with whom it is well known, that men did ordinarily transact, for the obtaining and expeding of gifts and signatures, & that it was, especially by his Grace's servants, that personal protections to debtors, were most abusiulie impetrat: But seeing the greatest part of what I have said, hath been, to set forth the miserable issues of Lauderdails obscuring and eclipsing grandour, I shall in this place, only note, how by his exaltation to be his Maᵗⁱᵉˢ, this noxious exhalation came as it were to be consolidat into that malign meteor which hath reduced us unto the afflicted and disconsolat estate in which we do at present languish. I need not repeet, that it was for the attaining to this high, and unaccountable power, that he devised the calling of this Par lt., upon the pretext of an Union, no less groundless in its project, then vain in its success; nor shall I resume, by what means, and for what empty reasons, the Par lt. hath hitherto been kept current: That the office of Commissioner is a thing, altogether extraordinary, & only warranted by the particular occasion, & special effect for which he is ordained, is a point so certain, that to affirm the contrary, would be no less, than a treasonable attempt, to subvert the very foundations of this free Monarchy; when in former times Commissions of this sort, were granted (which yet we do not find to have been in use until after King James his going to England) both the Commissions and the Par lt. used to be terminated in one session; the first that adventured, upon the innovation of adjourning Par lts. for a long time and, continuing his Commission in the interval, was the E. of Midleton; and yet, notwithstanding of all the high strainings, that were then in fashion, and that the Earls work, could hardly be sooner compleeted, this same Lauderdaill did, so far resent it, as to make Midletons' drawing out of his Commission (though for little more than two years) an article of his accusation. But now that My L. Laud. hath himself got into the power, he hath presumed to protract it, now more than four years and a half, with so little appearance of any necessity, that on the contrair, we plainly see, how that he hath, both hindered the Par lts. proceedings, and endeavoured to frustrate all its late meetings: which, as it is a manifest violenting of the ancient, and natural constitution of our government; so the unnecessary continuance, and arbitrary and frequent long adjournments of this Par lt.; hath contributed exceedingly to the increase of our burdens, and distresses. But the truth is, that such hath been his deportment in this eminent trust, that it is now become his best security; and what at first his ambition did proudly contrive, his conscience of guilt doth now oblige him, no less tenaciouslie, to maintain: so that our remedy and relief in this our desolate and abandoned condition, remains only with God, and his Majesty's tie, in the return of their favour. From which consideration, as much as for the obviating of misinformation, it pleased the D. of Hamiltoun, and Earl of Tweddel, with some other Gentlemen, after the adjournment of the Parlt. in Decr last, to go for Court, with the inexpressible goodliking of the whole Country, who from their faithful representation to his Majesty's tie, did confidently expect, an entire deliverance. But My L. Laud., that he might show himself, no less cross to, than he was averse from, such a loyal enterprise, omitts no obstruction, that he could lay in the way; and first, by a pitiful fellow in Berwick, whom he had before corrupted to spy and intercept all free correspondence, he causeth seize, detain prisoner, and search Sr William Carnegie a member of Par lt., in his passage through that Town to London. 2dly. having, by the same hand, got some packets intercepted, he very ungentilly transmitts them to Court, and without respect to the violation done to the common intercourse and good understanding of the two nations, or regard to that tenderness, which most men do retain for their Country's honour, he obtains for his Intelligencer his Majesty's ties. approbation, and a reward of 50. lb. st. out of our exchequer. 3dly. by the same means, and in the same place, he endeavours to affront D. Hamiltoun and his company, in their passage, by a suspicious questioning of their attendants, and refusing them the conveniency of a night's lodging, which, how far it was contrary to the generosity of the Governor, then absent, and the civility of the Citizens, they since fully evidenced by that noble reception, which they gave the Duke in his return. And lastlie, My L. Laud. imposes so far, upon his Mati es good nature, as to move him to discountenance a Gentleman, sent before by D. Hammiltoun, under a groundless pretext suggested by Lauderdaill, that he had been one of Olivers Sequestrators, contrary to that prudent and benign part of the act of Indemnity, prohibiting the remembrance of all odious names, whereof his Majesty's tie hath been always most tender. But notwithstanding all these rubs, and many other discouragements, D. Hammiltoun and E. Tweddell being arrived at Court, do there very freely and faithfully acquitt themselves, in a full and particular account of all things, relating to his Majesty's tie or the Country's interest; I need not here stand, to give the story by retail; it is like that the impressions were various, but in a word the result was the same, with the period which we have heard, was put to all the good votes and resolves of the English Par lt; however having had the good fortune to hear accidentally of a letter, and afterwards to see its double, which, I am credibly informed, was delivered unto his Majesty's tie, much about the time that our Lords were there, I have thought good, here, to set down, for public satisfaction, its just transcript. The address of the letter was, To the King, and its date and tenor as followeth. Edinburgh. Jan. 27. 1674. SIR, Let the obscurity of the person, with the zeal of his affection, excuse the manner, & maker of this address; I protest, as in the presence of God, that it is without the privity, or knowledge of either party, and nothing less, than the important concern of your service, and the Country's peace, could have constrained to it. I need not lay before your Majesty's tie, the many abuses that Scotland hath of late suffered, The universal and most pinching grievance of the S●lt, with these of the Brandie and Tobacco are confessed, and redressed: Neither are these that remain, less manifest, to wit, ignorant and insufficient Judges, a light and base coin, general gifts of Wards & Marriages, general gifts of the pains of penal statutes, the accumulation of eminent offices upon single persons, & these also such as are of small merit, gifts of the reversions or survivances of offices, invasions upon property and liberty by the impetration of private letters, unnecessary, long and frequent adjournments of Par lts, the continuing of a Commissioner in the intervals of Sessions of Par lt., the mismannagement and profusion of your Maᵗⁱᵉˢ, & lastly, the excessive greatness of a State Minister to the exclusion of all others from free access & application to your Majesty's tie, with the many evils that do thence proceed. SIR, These pressures are, so heavy in themselves, & have been & are so afflicting & disquieting to your poor people, that I am confident, were it possible for you to reflect upon them, without observing by whom they have been procured, your Maᵗⁱᵉˢ would not sooner prompt you to the remedy, than to a strict enquiry and animadversion against their authors, yea move you, even in the first place, to call out, with Ahasuerus upon like occasion, Who is he and where is he that durst presume in his heart to do so? But seeing that your Majesty's tie, in your unparallelled goodness, doth seem rather to incline to a gracious relief with a healing composure of all differences, than to notice past misdemeanours, I shall only in all humility presume to say, that whatever may be your royal clemency, yet certainly the causers of these wrongs cannot be the fit instruments of an effectual and satisfying redress. Your Majesty's tie is not unacquainted with the untoward & cross proceedings of the last Session of Par lt: If your Commissioner was so uneasy, and disobliging, in his interrupting, and adjournings, when nothing was craved, but the remedy of such things, which both your Maᵗⁱᵉˢ, and your people's cries, did instantly demand, can it be expected, that in the things that remain (so much the more grievous, and unjustifiable, that he and a few of his friends are mostly therein interested) he will be more complacent? Nay S it, it is evident as the light, that all the repugnancy, that he hath hitherto showed, with his high pretendings, and stretchings of your Maᵗⁱᵉˢ in the institution of the Lords of the Articles, beyond what the nature and dignity of Par lts will bear, hath plainly been to prevent the progress of your Par lt. to this trial. The just and necessary motions for examining his Brother's coin, and the Lords of Session, whereof the weakest are his friends, did provoke him to an abrupt adjournment; since that time what arts have been used, and what methods practised, for gaining particular persons, and strengthening of the party, is too well known to all, to be unknown to your Majesty's tie: He hath indeed thought good to anticipate the Par lt. in the matter of the Mint, but in a way so partial, and elusorie, that whether your Majesty's tie, your Par lt, or your people be thereby most injured, is hard to be determined. So that, upon the whole matter, considering, that things in controversy do purely respect your people's good; and, on the one hand, are prosecuted, with the most legal intentions of such, who have always been faithful to your interest; and yet, on the other part, are still opposed, with obstinate partiality, and untractable humours; It is beyond all question, that the ensueing Sessions, if holden by the same Commissioner, will necessarily be attended with the former, if not greater heats and disorders. I can not also forbear to tell your Majesty's tie., that hitherto your people are persuaded, that in all their sufferings, your Majesty's tie hath been more abused, and imposed upon than they, themselves; how expedient then it is, that this persuasion should still continue, and that these incident errors of government should be at least gently expiated, by fixing them upon the true authors, your Majesty's tie., who hath always valued yourself so much upon your people's affections, can only best judge; seeing therefore that your people have been oppressed, by a malversation not more irritating in its effects, than in the obstinacy wherewith it is defended, and that they expect relief from your royal goodness, with an assurance not to be disappointed, without a very surprising confusion, and lastlie, seeing nothing is desired, or intended in order to the D. of Lauderdaill, to which he himself ought not, both in duty, and prudence most readily to agree; let these in all humility solicit your Maᵗⁱᵉˢ bounty, to consider the following proposals, which are not more easy in themselves, than they will prove most effectual, at once, to dissipate all evil appearances, and restore to this your ancient Kingdom, that serene peace, which will make our affection and duty again to flourish, in most significant acknowledgements. 1 First That a new Commissioner be named, and appointed to hold the next Session, and conclude the Par lt. 2 That the D. of Laud. be confirmed in his places of Precedent of the Council, and one of the Commissioners of the Treasury, and have your Maᵗⁱᵉˢ ratified in Par lt. for all things past. 3 That there be two Secretaries named, and appointed to reside at Court, per vices, for your Maᵗⁱᵉˢ information in all affairs. 4 That the other eminent offices, be duly distribute and conferred upon deserving persons. 5 That the Commissioners of your Maᵗⁱᵉˢ, with such as you shall be pleased to add to them, be appointed to consider the revenue, and its charge, with the best means for its regulation, and improvement and to report. 6 That men, knowing in the law, and otherwise well qualified, be named to the vacancies that are, or may be, in the Session through the removal of such, as the Par lt., on trial, shall find to be insufficient. 7 That necessary instructions be given to your Maᵗⁱᵉˢ, for the due redress of all other grievances, and also for quieting and removing dissatisfactions, in matters ecclesiastic. 8 That there be passed in Par lt. an act of oblivion and indemnity for the establishing of the minds of all your good subjects. SIR, These things, which may be almost, as soon done, as said, will infallibly prove the high advancement of your service, and firm setlement of this Kingdom; to which I hope that an excess of favour, to any one single person, shall never preponderat. Sure I am, were it possible, that your Majesty's tie could be but for one day an unseen observer, amongst us, of the present posture of things, and disposition of persons, you could not, without wonder, think, how that any pretending to loyalty, should have obstructed these, or such like remedies as are here proposed: I might also here offer to your Maᵗⁱᵉˢ serious thoughts, a passage recorded 2 Sam. 19.5.6.7. and recommended by the suitableness of some of its circumstances, to the present case; but since I am far from thinking, that the D. of Laud. is to your Maty as Absolom to David, or that the discontents with us are so dangerous or threatening, as is there intimated; and seeing I do as little know, how to separate joabs' military and rude passion, from his dutiful and Zealous affection, I trust that God shall by more gentle and sweet influences, incline your Majesty's tie to arise and speak comfortably to your servants. The words of the passage, hinted at in the close of this letter, are these And Joab came into the house to the King and said thou hast shamed this day the faces of all thy servants, which, this day, have saved thy life, and the lives of thy sons, and of thy daughters, and the lives of thy wives, and the lives of thy concubines, in that tbou lovest thine enemies, and hatest thy friends: for thou hast declared, this day, that thou reguardest, neither Princes, nor servants; for, this day, I perceive, that if Absolom had lived, and all we had died, this day, than it had pleased the well; now therefore arise, go forth and speak comfortably unto thy servants: for, I swear by the Lord, if thou go not forth, there will not tarry one with thee this night; & that will be worse unto thee, than all the evil that befell thee from thy youth until now. But albeit, that all mareriall in this letter, was pressed by these Noblemen, and many other things represented that might have tended to the good of the Kingdom, such as a digestion of our laws and rules of judgement, formerly mentioned, a release of all arriers of Taxation and Sesse preceding the year 1665, a discharge of the annuity of tithes, and a settling of the order of Par lt. according to known rules and precedents; And lastlie that nothing was omitted that might give a satisfying evidence in every point, yet My L. Lauds. suggestions and influences do more prevail, & D. Hammiltoun is dismissed with fair words: However it being promised that the Par lt. should sit at its day and grievances be redressed and also a period put to My Lo. Lauds. Commission, My L. Hammiltoun haistens homeward, with extraordinary difficulty, in respect both of the rigour of the season and the infirmity of his health, to attend its diet on the 3d. of March, which was the very next day to that of his arriveall: But in stead of a session so much expected, by the people and all the members of Par lt. (who had now waited about four months and were better convened then at any time before) all, do meet with the disappointiment of a blunt adjournment, unto the 14. of Oct r. next, and accordingly the Par lt. is adjourned. After these our more form and general grievances, I might here subjoin, some smaller notices, relateing to My L. laud's. way and behaviour, not impertinent to the things that we have already heard, such as, first, his arrogant undervalue of Par lts., discovered by that expression to his Majesty's tie. against the E. of Midletons' services, S it, if you had sent down a dog with your commission about his neck to your Scotch Par lt, he would have done all that E. Midleton hath done. 2dly. his insolent treating of some members, in this present Par lt., as when he commanded one Mr William Moor summarily to prison, because, I think, he desired that after the order of the English Par lt. Acts might be, at least, thrice read, before they were voted, or somewhat to this purpose; and in his course style asked another, for having in his modesty said, We for I, what Sir are there any mice in your arse? 3dly. his contemptuous slighting of D. Hammiltoun, and most of the ancient nobility of greatest interest and consideration in the Kingdom, whom he did not so much as allow to be named to be of the number, of the Commissioners chosen for the Treaty of the Union betwixt the two Kingdoms. 4thly. his strange inconstancy, in his friendships acted merely by his humour or advantage, as witness his dealings with the Earls of Rothes, Tweddell and Argyle, Sr Robert Murray, D. of Ormond, E. Shaftsberry and others, whom according to occasion he hath, both caressed with open flattery, and rejected with proud prejudice. 5thly. his regardless neglect of the country's interest, to gratify indigent or covetous persons of his dependence, by procuring for them gifts of the pains of penal statutes, as to Sir John Moncriefe a gift of the pains of nonconforming within the Shires of Perth and Fyfe. To .... Scot of Ardrosse and Major Borthwick, a gift upon the Maltmen and Brewers; and to the same Major Borthwick another vexatious gift, called ordinarily of peck and bowl. 6thly. his profane compliment to the Archbishop of St Andrews, coming one day to visit him, Come in, My Lord, sit down here at my right hand until I make all your enemies your footstool. 7thly. his dull and malicious jesting, against his old practices, and acquaintances, as when one day at his table, he said, he could pray as well as any Nonconformist, and so begunn a long complaint to God of covenant-breaking and other sins to their derision; and when at other times he hath insulted over them in their appearances, before the Council, by a reproachful remembrance of bypast courses, so that some of them have applied to him the old remark omnis Apostata suae sectae osor: But it is not to these only that he confines this humour, he makes it serve also in other occurrences, as when it was said about grievances, that they ought not only to be redressed, but prevented for the future, he answered with much noise, that this was like an overture of the Commission of the Kirk, etc. as if in effect his fancy were lesed with the remains of his old hypocrisy. But passing these things, that may savour of a design of personal reflection, which is truly far from me, it may be to better purpose to suspend a little the closure of this relation, in two more important remarks. The first is, that in the first session of this Par lt, and for its first Act, his Maᵗⁱᵉˢ was enacted, whereby it is declared not only that his Majesty's tie hath the supreme authority over all persons and in all causes within this Kingdom, and that by virtue thereof, the ordering of the external government, and policy of the Church, doth properly belong to him; but that his Majesty's tie, and his Successors may settle, enact and emitt such constitutions, acts, and orders, concerning all ecclesiastical persons, meetings and Matters (a word infinitely extensive, comprehending the all of Religion) as they in their royal wisdom shall think fit. It is true that this was unanimously consented to by the Par lt., and it is as well known, that all that the Par lt. had in view, was the establishing of his Maᵗⁱᵉˢ and authority, for the better confirmation of a little indulgence, then lately granted to some Nonconforming Ministers, and the more effectual checqueing of the loyal Clergies murmurings, who pretended to a Negative in these affairs. But that the D. of Laud. had quite another design, in the passing of this Act, even the raising of his own credit and consideration at Court, and the aggrandizing of himself, by an accession to that power, whereof he then had, and still hath the sway, did quickly discover itself, in its first application, directed against the Archbishop of Glasgow; for My L. Laud. having conceived an irreconcilable grudge against this gentleman, mostly, because he had on some occasions addressed himself to the King, otherwise then by him, the poor Bishop is menaced, to have articles exhibited against him, before the Privy Council, and thereupon is constrained, to dimitt; but this is not the sole Act, wherein My L. Laud. hath proposed to himself the same aim: I have already showed, how that the Act. 1663.; entitled an Humble Tender, etc. and offering 22. thousand men to his Maᵗⁱᵉˢ, was especially of Laud s. framing, & it is very well known, how at Court he hath often since that time valued himself very highly, upon it: But now being Commissioner, his industrious advancement of what at first, was, only more generally agreed to, doth exhibit a more satisfying discovery, and therefore we see, with what care, in the very next Act to that of Supremacy, he goes about to settle the Militia, not as a simple Countrey-conceit, for the better training of men to the use of Arms; but upon the more martial basis, & for those more noble ends of the former Act, & humble tender. I will not, for all this, say, that at that time he had in prospect, the great things whereof he hath since been suspected, yet I make no doubt, but, that even then, he looked upon the Supremacy & the Militia, so settled, &, in a manner, both in his own hand, as being the King's Commissioner, as two brave leading cards, wherewith such a Court-gamester as he, in the many chances, and changes, that do there happen, might sometime or other come to do mighty feats. I love not to heighten, let be to create, jealousies, nor have I any faculty in the search of hidden and dark counsels; & therefore do very unwillinglie take up, or assent to, vulgar reports of My L. Lauds. after-engagements, in arbitrary & popish projects: Nevertheless, such indications, as run into a man's eyes, can hardly be dissembled. It may then, be remembered; that, when in the summer 1672, the Cabal at Court was in its ascendent, & Laud. got to be on the top of it, and that matters in England were come to a very manifest crisis; My L. Laud. about the same time goes for Scotland, and there procures a new Act of Militia to be made, statuting that all persons, who should be therein enroled, should be entirely reserved for that employment, and that both Officers, and soldiers should take the oath of Allegiance (which with us includes also the Supremacy,) and is, I suppose, a sacramentum militare without a precedent) and by another Act he obtains, to be imposed a twelve month's assessment, to lie for a stock of money for for their provision, and that upon this express narrative viz. That as the Kingdom of Scotland will cheerfully hazard their lives, and fortunes, in the war against the Dutch, or any other cause wherein his Maᵗⁱᵉˢ, honour, or interest may be concerned: So in order thereunto, they have so settled the Militia, as the forces of the Kingdom, may be in readiness, when ever his Majesty's tie shall be pleased for these ends to make use of them. Which things in Scotland and England being laid together, & the strange twist of the Supremacy that makes so large a surrender of matters of Religion, with these Acts of Militia & Maintenance, declaring a readiness for any expedition, etc. being well weighed; I think, it may warrantably be affirmed, that if there was any extraordinary design at that time in agitation, My L. Lauds. hand, in probability, was deepest in it. Neither can the Par lts. concurrence, in consenting to these Acts, be pleaded for his excuse: For as much as it is certain, that their pure and single intent was, a dutiful expression of their loyalty, for which they have always judged, that no words capable of a fair signification, could ever be too significant. I need not adduce their unacquaintedness with secret transactions for their purgation; he that can imagine, that Scotland would have consented, to that heavy assessment, out of any other motive, than their absolute & implicit affection to his Majesty's tie, let be in any thoughts of favouring Popery, is widelie mistaken, both of our riches and religion: And therefore it may well be concluded, that as the ill favoured aspect, of the Act and Humble Tender etc. and Acts of Militia ensueing on it, toward England, with their ill contrived alternative, or for any other service wherein his Maᵗⁱᵉˢ, authority, or greatness may be concerned, were at first the dictates of Lauderdails vanity, and have often since been the boastings of his ambition; so they do plainly enough evince, his black accession to those other mysteries, whereof he hath elsewhere been accused. The 2d. remark shall be, concerning My L. Laud s. administration in Church affairs. It is not necessary to remember how that E. Midleton in his Par lt. thought fit, to correct the rigour of Presbytery, by the heights of Prelacy, & what a severe vengeance of conformity, the Bishops did thereafter execute, upon the whole Country, for their former compliance with, and retained affection to their brethren of that ministry: O when shall Princes know, wherein the true power, and peaceableness of the Gospel doth lie; & deliver themselves & their people, from the pedantry, & hypocrisy of all Church-pretenders! However the extreme distress, whereinto these Episcopal persecutions had brought the Country, did in the year 1669 (as I have before related,) move the compassion of some more moderate persons, to obtain for it the case of that small indulgence, that was then granted, for the better establishment whereof, it was supposed (as I have said) that the supremacy was thereafter in Par lt. enacted. But that the Country might the better relish this favour, and know how to discern his Majesty's ties, from his Commissioners Grace, it pleased My L. Laud. that in the year 1670., conformity should be again commanded, and pressed by new Acts of Par lt, and those, in my opinion, of a greater severity, than the highest points in Christianity could have allowed: For by the fifth Act of that Session (as also by the 17. Act of the 3. Session) it is statuted, that no Non-conform-Minister, not licenced by the Council, or other person, not authorised by the Bishop, shall (so much as) pray to God in any meeting, except in their own houses, and to those of their own families, and such as shall be present not exceeding the number of four, and that all accessory to the contrary, shall be guilty of keeping conventicles, and punished with the pains there specified, the Article of the Apostolic Creed I believe the communion of Saints notwithstanding. 2dly. by the same Act, it is declared, that whosoever without licence or authority a foresaid, shall preach or pray at any field-meeting, or in any house, where there be more persons, than the house contains, so as some of them be without doors (who may be only two or three, and posted there by malice) or who shall convocate these meetings, shall be punished with death, and confiscation of their goods, and the Seizers of such persons, are not only indemnifed for any slaughter that shall be committed, in the apprehending, but also assured of 500 marks Scots of reward, for each person by them seized and secured; so mortal a thing is this field-conventicling, the Mess and all its idolatry hath nothing in it so deadly. 3dly. by the 6th. Act of that Session, there are considerable pecunial pains ordained against disorderly baptisms, such as those are reckoned to be that are performed by outed Ministers not licenced, or by any other than the parish Minister, without his certificate, or, in case he be absent, the certificate of one of the neighbouring Ministers. 4thly. by the 7th. Act, it is appointed, that all his Maᵗⁱᵉˢ of the reformed religion (for Papists, that are without, God Judgeth) shall attend divine worship, in their own Churches, under the pecunial pains there mentioned toties quoties etc. and in case any landed man, shall withdraw for the space of a year, notwithstanding their being therefore fully fyned, they are to be presented to his Maᵗⁱᵉˢ, who are authorised to require of them a bond not to rise in arms against his Majesty's tie, or his Commissioner (as if a man could not be so far dissatisfied with a pitiful Country Curate, but he must also be suspected for disaffection to his Majesty's tie) which if they refuse, or delay, they are to be imprisoned, or banished, and both their single and life-rent escheat doth immediately fall to his Majesty's tie. And lastlie by the 2d. Act of that same Session, it is statuted and ordained that all persons, thereto called by the Council, or others having his Maᵗⁱᵉˢ, are obliged in conscience (very fair) and duty, to declare and depose upon oath, their knowledge of any crime, and particularly of any conventicles, and of the circumstances, of the persons present, and things done therein; may not then any one be brought from the streets, and urged to become, upon oath, informer, accuser or witness upon all, that he ever saw or heard in his life, against himself, his friend, father and all men else; or if he shall be so perverselie wicked, or disloyal, as to refuse or delay, he is to be punished by fyneing, close imprisonment, or banishment by sending him to the Indies, or elsewhere at the Counsels pleasure; sure I am the Spanish Inquisition hath no broader warrant. And yet notwithstanding all these, My L. Laud: by a new act of the 3. Session of this Par lt▪ procures the execution of the abovementioned Acts against conventiclers and withdrawers from public worship to be enjoined to all Sheriffs and Magistrates, with an express provision that they should render an account yearly of their diligence under the pain of 500 marks Scots. But all these great efforts, of My L. Lauds. zeal against fanatics, proveing by far less successful, than that little specimen of his Majesty's ties. clemency, whereunto Lauderdaill, had been by others inclined, and it having pleased his Majesty's tie., in the year 1672. to gratify his Protestant subjects in England, with his royal goodness, he thinks meet at the same time to extend it, of new, to Scotland; and therefore gives to his Commissioner, then amongst us, all necessary instructions, for compleeting this work: But his Grace being now quite freed, from all those good influences wherewith sometime he had been acted, by a very uncourteous, & rude application, sadly mars his Majesty's ties. kindness, and frustrats its best end; for as much, as in place of that gracious relief, which, no doubt, was intended by his Majesty's tie., for all his nonconforming good subjectts, whether ministers, or people, he plainly turns this new Indulgence, into an universal confinement, of the whole non-conform Ministers, unto some Parishes in a corner of the Country, leaving the rest as dry or wet, as the ground, about gideon's fleece, and that, with such a scornful inconvenience (besides some other scrupling conditions that were also imposed) that to several small parishes, having not above à thousand communicants, and 900. or a 1000 marks Scots, of stipend, he causeth to be appointed, three or four ministers, contrair to all Just proportions, and only with the ridiculous equality, of as little cure as little salary. Neither is he content to have thus cantonized those that were licenced, but even they that had none of his Majesty's ties. favour, must yet be made partakers of his Grace's mercy, and therefore, it is further ordered, that all other non-conform ministers not licenced, should either conform, in the places of their dwelling, or else, before a certain day, repair to and reside in the Parishes whereunto ministers licenced are appointed: I shall not say, that his Grace did thus restrain and clog this Indulgence, because that the Council, upon a letter which he had before sent them down, from his Majesty's tie., to know if Papists might also have some tolerance, returned their advice that, they thought it neither necessary, nor expedient; but it is obvious enough, that if Papists had been made partakers of this intended favour, it must of necessity have been shaped out, and moulded, by some more easy regulation. And yet, as if by this concession, there had been accumulated upon the fanatics, a bounty to which nothing could be added, it is declared in the conclusion of the Counsels Act, that they were not to look for any further enlargement, but that the laws for conformity were to be strictly executed, against all contraveeners; but the truth is, there was another motive, for this certification; his Grace knew very well, that not only the generality of that scrupling party over Scotland, were little obliged, by their being, in a manner, excepted from this his Majesty's ties. Grace, which often makes men, that before were unconcerned, to become more curious; but that some of them, who were now deprived of the liberty which at first was allowed to them, were thereby much irritat: And therefore he, in time, provides this colour for the executions that might again ensue. And truly, if I were to form conjectures of men's designs, on the measures, that visibly appear to have been taken, in this sorry contryvance, I verily think, that all the specious commendations, wherewith it was magnified, would scarcely, make me forbear to say, that its restrictednesse and uneasiness, seem rather to have been intended for the marring, than any thing else, for the promoveing of its success. It is sufficiently manifest to all ingenuous men, that, the non-conformists, for all their scruples, are not only sincerely, and securely loyal, but in effect, fully as gentle and tractable, as can rationally be expected, from those principles, wherewith the Indulgence itself imports a dispense▪ Besides if dispersion & the removing of the grounds of complaints be (as no doubt they are) the most effectual means, to quiet such opinionative distempers, what could have been more promiseing, then to have disposed upon the small handful of outed ministers, that remain, either by returning them all freely, to their own churches, or leaving them to settle, as fair invitations should have determined. But alas, who sies not the strange consequences, that would have ensued; if all wild beasts were once tamed, hunters and their sport would be utterly spoiled, and a quiet and satisfied Kingdom, secured from almost the possibility, of foreign invasion, would need no more any standing forces, far less a standing Commissioner; and how should this poor country, after so many vexations, have endured so great a loss. But that his Graces well disposedness, in affairs of this kind, may be the better understood, there is one instance of it, that I can not here omit and it is thus; A little before this Indulgence was granted, there were two country gentlemen, Hay of Ballhoussie and Drummond of Meggins, brought in question, for this flagitious impertinency of conventicling; the quality of their guilt was, that the first, had, indeed, had private meetings in his own house, but the second was only charged, with his wife and daughter's transgression: However, his Grace having thought good, immediately upon the delation, to make over their fynes, unto his favourite the E. of Athole, and the gentlemen forseing, that to make the gratification suitable, there was no less, than the utmost rigour to be expected; they judged it best, to abandon their own defence, for a friendly transaction, & therefore, casting themselves on the Earl's discretion, they aggrie with him in writing, the one to pay him 600. lb. st., and the other 400. lb. st.; but when they appear before the Council, My L. Laud., not content with what Athole had done, very arbitrarlie and exorbitantlie, procures the sentence to be augmented, against the first, to a 1000 lb. st. and against the other to 500 lb. st. whether more generously, towards his friend, who had got before, all that he had demanded, or more justly towards the gentlemen, who relying upon the aggriement, had prepared no other defence, let the world judge. I might also add another example of his Grace's moderation, in causing the Countess of Wigtoun, a widow Lady, and otherwise clothed with all the favourable circumstances, that could be desired, to appear in person, before the Council, to answer for private meetings in her own house, and to be fyned in the sum of 5000. marks Scots, thereby showing an impartiality not to be biased with any courtesy. But to return to our purpose, I need not mention particulars, for confirming of what I have said, of the errors committed, in shapeing out this Indulgence: Its misadventure, as to the composeing of matters, whereunto it pretended, hath afforded, both to his Maᵗⁱᵉˢ, and to the Ministers licenced, too much unpleasent exercise, in citations, examinations, and reiterate orders, to leave it in the least doubtful. The thing, more worth our noticeing, is to consider, how fortunately the event did fall out, to justify my suspicion; I touched, in the beginning, what an opportune pretext, when all others failed, these nonconforming disorders did furnish to his Grace, for his last coming amongst us: But because the letter, that he thereupon purchased from his Majesty's tie to his Par lt., doth not more hold forth, its true Author, in its unsuitableness to his Maᵗⁱᵉˢ goodness, then exhibit to the world the truest character of My L. Lauds. goodness and sincerity in all these affairs, in lines of his own drawing; I shall here set down at length, some passages of it: But one of the principal reasons of the keeping this session of Par lt, is to the end effectual courses, may be laid down, for curbing and punishing, the insolent field-conventicles, and other seditious practices, which have since your last session too much abounded: You are our witnesses, what indulgences we have given, and with what lenity, we have used, such dissenters, as would be peaceable, and how much our favours, have been abused. You have made many good laws, but still they have failed in the execution against the contemners of the law; we must now once for all lay down such solid and effectual courses, as the whole Kingdom may see, that we and you are both in earnest, and that if fairness will not, force must compel the refractory to be peaceable, and obey the law. We have had frequent experience of your affection to our service upon several occasions, and therefore we are confident, you will eminently do your duty in this which doth so much concern, our authority and your own peace and quietness: We leave the ways and means to your own wisdom, and we expect, you will lay down such solid grounds & take such effectual ways, as may put an end, to these disorders & evidence to the world that our ancient Kingdom of Scotland, is at quiet and united to us. We have instructed our Commissioner fully in this etc. & he can well inform you of our constant affection to, & care of, all the concerns, of that our Kingdom, which consideration at this time, hath made us dispense with him here when his service was so useful to us etc. and therefore you shall give him entire trust, as we have hitherto done in all things. The text is plain and needs no comment; I shall not say, with some fanatics, that if the Lord had not unexspectedlie beat down to the earth, this persecutor with his letters, breathing out such threatenings, and slaughter, our land might have again been turned, into a field of blood and confusion: Nor will I positivelie affirm, that these minatory strains, were purposely intended, for to overaw the nation, to a more compliant submission, to the introduction of a Service-booke, which, it is well known, was both designed and prepared, and should have been the great business, of his Grace his last coming down: But certainly, whoever compares, the expressions of this letter, with all their circumstances, viz. his Maᵗⁱᵉˢ clemency to all innocent dissenters, the Kingdom's unquestionable quiet, from all their disturbances, its great and almost sole distemper from My L. laud's. own oppressions, the visible necessity that forced him, at that time, to take sanctuary amongst us, and lastly the forebearance and insinuation, that he hath since used, toward the non-conformists, to ease himself of a part, at least, of that universal odium, which he finds to be against him; must inevitablie break forth in admiration, at this unmeasured boldness, of abuseing his Maᵗⁱᵉˢ and authority, to so many extravagancies. These have been his ways in the Church, so like, in every step, to his actings in the State, that they neither could have any better success, nor can receive a milder censure. But now his Grace, having rode out this storm of grievances, delivered himself from Par lts, and defeat all his enemies, in order to his return to Court, resolves (as it is probable) to give the Kingdom a proof, both of his own free and unconstrained benevolence, and also of his great power and interest with his Majesty's tie, and therefore, there is a letter produced, from the King to his Council, bearing, that his Maᵗⁱᵉˢ for us, makes him ready to embrace all occasions, whereby he may witness his zeal, to do all things, which may be for our advantage, and ease; and that being informed, by his Commissioner, of some things which have been, & still are, troublesome, & burdensome to us, he hath thought fit, in his royal bounty, and by his royal authority, to declare, his royal pleasure for the discharging of all impositions, due before his restoration, all rests of the taxation granted by the Par lt 1633., all arrears of the annuity of tithes, preceding the year 1660., and all fynes imposed by his Maᵗⁱᵉˢ Par lt, excepting always from all these, all sums of money already paid, or for which bond is given preceding the date of the letter: And lastlie his Majesty's tie doth grant, a general pardon and discharge, of all arbitrary and pecunial pains, incurred before the date of the letter, extending even to those against Conventicles, withdrawing from ordinances, disorderly baptisms and marriages, excepting nevertheless, all capital crimes, and sentences of banishment, imprisonment, or confynement. Upon this letter, there being a proclamation voted and form by the Council, it was the next day made, with the solemnities of the Magistrates in their robes, the citizens in arms, ringing of bells, shooting of guns, public feasting, bonfires, & all other ceremonies, that were used, in the most extraordinary occasions of joy: I shall not insist on the people's wonder, at the vain pomp, of these circumstances, who could findenothing suitable in the subject; nor on the criticizing of the more malign sort, who regreting, that his Maᵗⁱᵉˢ & zeal for our good, should rather have been directed, by My L. Lauds., scant and partial suggestions then by the full and faithful advice of his Par lt., observed first, that the exception in the discharge, of the rests of impositions, taxations and fynes, was infinitely broader, than the release itself, the country having, now for 13. years, been so vexed and harassed, for these things, that there is nothing left to be discharged, safe a few desperate, and irrecoverable remains. 2dly. that a general pardon and discharge of arbitrary and pecunial pains, is an ordinary grace, customary to be granted in most Par lts., with such a latitude as they think fit to give it. 3dly. that the extension of this pardon, even to Conventicles etc. can have no emphasis, unless we suppose, conventicling & non-conconforming, to be worse than Sabbath-breaking, profane swearing, drinking, whoring, userie, extortion, and the like. 4thly. that the exception of banishments, imprisonments and confynments, wherein a few Fanatic ministers are mostly concerned, appears to be an unseasonable reserve of a peevish rigour: and 5thly. that the style of the proclamation viz. We with advice foresaid, do hereby statute and enact, and accordingly discharge, to our subjects, all rests and assessments etc. is not only forced but more Parliamentary than proper for such edicts. But the thing, we rather remark is, that just and important exception, moved against this letter and proclamation, by D. Hammiltoun and others in Council, viz. that D. Hammiltoun, having an undoubted right to the taxation 1633., by a contract betwixt his late Majesty's tie. and James then Duke of Hammiltoun, and also by a commission from his now Ma tie, for security and repayment to him of a considerable sum of money, the same could not be taken away in this summary way, without lawful hearing; upon which exception D. Hammiltoun (as he declared) did not insist, for the value of the thing, but for obviating so dangerous a preparative, to every man's right and property; this discharge was overtured both by himself, and others, during the sitting of the Par lt., and if it had been prosecuted, that way, all men's interests, might have been considered, and also the country more effectually secured: But after rejecting of that method, to have made choice of this, was an introduceing of precedents, of an evil aspect: And yet albeit it was resolved by the best Lawyers, in a writing under their hands, that Duke Hammiltouns right was unquestionable, that the King in such cases utitur jure privati, and that by the fundamental law of the Land, no man's right could be taken away summarily by letter and proclamation (which plea was also confirmed by the suffrage of the Judges there present) nevertheless it was with extreme heat, and pain, that My L. Laud▪ could be induced to consent to the reserving of D. Hammiltouns right, as we find it to be done, in the Proclamation. I have before mentioned, the letter impetrat, from his Majesty's tie against Mr Rougheed town-Clerk of Edinburgh, and the offence which generally it gave, because of the invasion of property and liberty, thereby threatened; but now, that My L. Laud, should have again, and thus openly, and avowedlie, relapsed into so pernicious an error, it doth manifestly evince, a design of arbitrariness, beyond the excuses of either folly or fatality. And yet after this, & all his other high & strange misdemeanours, which I have hitherto related, My L. Laud▪ had the confidence, to present to the Council, a letter of answer, to be subscribed by them, and sent up to the King, wherein thanks, are not only returned for his Maᵗⁱᵉˢ letter of release, but also for his readiness showed by his Commissioner, to have rectified all our grievances, that were orderly represented: I will not here take notice of the dissents, entered by a considerable part of the Council, against such a groundless and imposeing practice; as his Grace would delude the common people, by bells and bonfires, and other empty and ridiculous shows, doth he also think, that men of understanding, will suffer their eyes to be put out; is it not enough, that he hath tyrrannised over us, with so much pride and oppression, but that he must morever offer violence to our senses, and not only obstruct our prayers and cries, to his Majesty's tie for his compassion and help, but even endeavour to elicit flattering approbations, and applauses for palliating and supporting these gross malversations; for which nevertheless, it is beyond peradventure, that so soon as he shall be arrived at Court, he will think fit to secure himself, as he hath already done, for his far inferior transgressions in England, by his Maᵗⁱᵉˢ and pardon? Certainly the free consideration of these things, might stir up, and raise every ingenuous spirit, to the highest measure of indignation, did not his Maᵗⁱᵉˢ, and engagement therein, far more powerfullie incline, to a dutiful regrete; who can observe, without an astonishing grief, this Kingdom, lately so overjoyed, for his Maᵗⁱᵉˢ, and overflowing in all the possible expressions of the most loyal acknowledgements, now sunk into the saddest depths, of mourning, and darkened, by reason of the withholding of the rays of his Maᵗⁱᵉˢ countenance, with clouds of jealousies, which no man is willing to entertain, or yet able to dissipat: And who can think, without a most sensible affliction, that his Maᵗⁱᵉˢ excellent understanding & most benign disposition, in all other occasions, should in these matters of the highest consequence, be so oddelie possessed, with such a strange aversion, to hearken to, a most loyal Par lt. and to be advised by his most affectionate subjects: And lastly who can see, (without a confusion, and rising of passions, not to be expressed,) the D. of Laud., a person, so insignificant for the advance of his Maᵗⁱᵉˢ, and, of late, become so extravagant and unacceptable, even in his private deportment and ordinary conversation with ●ll men; yet, in these public and great affairs wherein he hath so wyldlie miscarried to preponderat, in his Maᵗⁱᵉˢ, to the universal outcry of two nations, the unprejudicat complaint of two Par lts., and the visible disturbing, if not breaking, of the peace and quiet of two Kingdoms; I shall not offer at the arts, charms or enchantments▪ whereby these wonderful things, may be brought to pass it is but too too manifest, that where My L. Laud., did sometime stand in the most undutiful difference, & seeminglie irreconcilable distance, he hath of late, since the beginning, of the last Dutch war; and the ariseing of the jealousies, which did commence with it, procured to himself, so firm a friendship, & so sure a support, that the more that these jealousies, and their dissatisfactions, have increased, the more hath this favour been confirmed, and intended. But why should I grope in these suspicious conjectures, wherein all good men, do rather desire, to find themselves deceived, then further cleared: Let us rather wish, that his Maᵗⁱᵉˢ may be opened, and his heart turned towards this, his ancient Kingdom, and in the mean time be established, in this most fixed assurance, that notwithstanding of all the colours, pretensions, and insinuations, that My L. Laud. can employ, for the advancing of his particular interest, and ambitious humours, ●gainst the public good of the nation, and for the bearing down of its best subjects, yet the longed for issue, is as certain as that reason is reason and 〈◊〉 men. FINIS. READER I must desire thou would pass over an omission of the Printer in the 3d. sheet, which is the letter C. wherein the pages are misplaced; and in thy reading follow the last word of each page and the number; what other escapes of misplaceing of letters, as in the dedication l. 11. and▪ athere, for and there and such like, as I know they can not mar the sense, so I hope they shall not incur thy censure.