An Account of Scotlands Grievances, Title page – Dedication
AN ACCOMPT OF SCOTLANDS GRIEVANCES By reaſon of The D. of Lauderdales Miniſtrie, Humbly tendred To his ſacred Majeſty.
TO THE KING
SIR
The following sheets, containing for the moſt part, the complaints of your people, againſt your Commiſſioner, doe ſo naturallie addreſſe themſelves to your Matie., that I could not deny them this inſcription; ſome may poſsiblie endeavour, to render the preſumption more criminall, by cenſuring what is thus offered, by a concealed hand in a publick manner, for a libelling pamphlet: And truelie I am ſorrie, that the mere iniquitie of the objectors, should force upon it ſo much of a diſloyall reſemblance; but ſieng that it advanceth nothing, which I might not avowedlie preſent to your Matie., on your throne, and environed with both your Parlts., nd athere own and Iuſtifie, in every point; I am hopefull, that the truth and importance of what is here honeſtlie held forth, for your own and your kingdoms good, and not the partialitie of any whoſe intereſt it is to have abuſes covered, shall incline you to a more favourable reflexion. I muſt alſo tell your Matie. that after the endeavours, that have been uſed, to inform in the more dutifull methods, what appears leſſe civill in this (that may be thought too communicative) is nevertheleſſe excuſed by a very loyall expediencie; for allbeit your Maties. goodneſſe, be indeed the great comfort and hope of your people, and their loyaltie an impregnable defence, againſt all ſiniſtruous ſuſpicions; yet this diſcoverie of ſome mens peculiar guilt in theſe ſtrange doeings, wherein for their own ſafetie, they have dared to involve your Maties. authoritie, may both fortifie, by a generall concurrence, my weake enterpriſe, for your Maties. better information, and alſo ſignallie contribute to, the aſsiſtance and reliefe of dutie againſt too many obvious tentations. However as I am ſure, that a ſucceſſe in this eſſay, ſuitable to the ſinceritie of the affection whence it flowes, is the moſt dutifull wish that any heart is capable of; ſo, that your Matie. may be conſtantlie 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 Maties. moſt humble, moſt obedient and moſt affection at ſubject▪
When, in the year 1660., it pleaſed God to reſtore his Matie. to theſe his kingdoms; with how cordiall and univerſall a Joy this bleſſing was welcomed by Scotland, is almoſt ſtill recent in every ones rememberance: Neither was this Joy a meer raptour of paſſion, or its demonſtrations confined to tranſient expreſſions; if his Matie. had done all for himſelfe and us, which God did for both, the reall and ſolid retributions of our acknowledgement could hardlie have been more large. I shall not at preſent deſcend to a full enumeration of inſtances, the whole tenour of the greateſt part of the Acts, paſt in Parlt in the years 61. and 62., doe make but one entire evidence; yet there are a few things which doe 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 peoples mutinie, takeing advantage of the defects or neglects of the regall power, that might have prevented it; We did eſtablish, both by Acts, oaths, and ſubſcriptions, his Maties. prerogative, to be abſolute and incontrollable, in the choice of all Officers of State, Councellors and Judges, and in and over all matters of peace, warr, leagues, bonds, meetings, conventions and Parliaments, with a diſtinct excluſion of all exceptions. It is true, that many did even then thinke this a ſtreatch beyond what the frailties of men, and caſualities of human affairs, can reaſonablie allow, and that it is no leſſe wisdom, to vaile the ſacred heights of Sovereigntie under the ſhreine of an uncontroverted ſuppoſall; then to expoſe them, by perremptorie determinations, to the cavillings of irreſiſtible exigencies; and therefor did preferr 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 dutie doth allwayes conſtrue to an univerſalitie, without interfeiring with the pretences of neceſſitie: But heavens extraordinarie favour, did at that time ſo ſecond the conſtancie 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 therefor
2dly, our loyaltie did not here ſubſiſt, but notwithſtanding that the foundeſt policie hath allwayes judged, the power in the Prince and purſe with the people to be the juſteſt ballance of government, yet we, forgetting all preceeding diſtreſſes, to teſtifie the aboundance of our affection by the rareſt indication whereof our Nation is capable, doe francklie add to his Maties. revennue, above the double of what he formerlie poſſeſſed; and doe netly grant him, by a voluntarie eſtabliſhment, more, I am perſwaded, then ever his benigne diſpoſition would have exacted, upon an abſolute ſurrender: And indeed this, our liberall offer, was, at that time, ſo rightlie eſteemed the utmoſt of our abilitie, that, amongſt other motives mentioned in the Act of Parlt. it is expreſſelie ſett down, That his Majeſtie 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 Maties. occaſions; the taxations and aſſeſſements that have been impoſed on us, within theſe few years, doe planlie witneſſe, But
3dly, ſo exuberant were the propenſions of our hearts toward his Matie., that, as if all this ſubjection profeſſed and liberalitie offered, had been farr ſhort of dutie, we further, by an Act entituled, An humble tender to his ſacred Matie. of the dutie and loyaltie of his antient kingdom of Scotland, mancipat our very liberties and perſons to his Maties. devotion and ſervice; and doe thereby in acknowledgment of our dutie, make humble and heartie offer to him of 20000. footmen and 2000. horſemen, ſufficientlie armed, and furnished with fourtie dayes proviſion, to be in readineſſe upon his Maties. call, for the ends there mentioned: And by the ſame Act the Parlt. doth declare, that if his Matie. should have further uſe of their ſervice, the kingdom would be readie; every man betwixt ſixtie and ſixteen, to join and hazard their lives and fortunes, as they shall be called for by his Matie., for the ſafetie and preſervation of his ſacred perſon, authoritie, and government.
4thly, That there might be nothing wanting to theſe ample expreſſions of our loyaltie, the Parlt. by another Act, in dutifull and humble recognizance of his Maties. prerogative royall, doth declare, that the ordering and diſpoſeall of Trade with forraigne nations, and the laying of reſtraints and impoſitions upon forraigne imported commodities, doe belong to his Matie. and his ſucceſsors, as an undoubted priviledge and prerogative of the Crown, and that therefor they may doe therein as they shall judge fit for the good of the kingdom.
5thlie, That it might appear to the world, that we placed the ſecuritie of all our intereſts, more in our confidence of his Maties. goodnes, then upon the firmeſt proviſion of the beſt laws; although the Parlt. 1641. was held by his Maties. Father of glorious memorie preſent in perſon, and many Acts were there paſſed and ſuperſcribed by him, for the ſetling of our religion, and liberties, with all the maturitie of judgement, that long and well weighed experience, many and well mannaged treaties, and Englands mediation, could furniſh; Yet, becauſe their luſtre ſeemed to be a litle ſtained, by the ingratefull remembrance of ſome previous contentions, wherein it was our misfortune to have his late Matie. differing from us, we, at one blow, annull 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 Maties. pleaſure, and how that, according to the uſuall 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 continuallie oppoſed Prelacie, and after haveing ejected it, with the ſevereſt excluſions, had for many years enjoyed a Church-conſtitution and miniſtrie, which at leaſt was highlie commendable, for its advanceing of true knowledge and pietie, and in the worſt of times did prove the ſureſt bullworke of Monarchie: Yet, out of meer complyance with his Maties. will, our Par lt. doth conſent and the people ſilentlie acquieſce, to Presbyteries unexſpected overthrow, and Prelacies reeſtabliſhment; not that the ruines of what the moſt part did eſteem to be the labour of their Fathers, and worke of God, were at that time unconcernedlie regarded, or the conſequences of this alteration, which have ſince enſued, in the leaſt unforſeen; but in a word, to a King ſo acceptable to us, and to whom we had alreadie given all things, we could refuſe nothing.
Theſe and other arguments, that then occurred, of the ſinceritie and ſatisfaction of our joy, for his Maties. return, being conſidered, I thinke that paſſage Pſ. 126., was not of old more truelie ſaid by thoſe concerned, then vve may now directlie and without paraphraſe transferr it to our ſelves, viz That when the Lord turned again our captivitie we were like them that dream then was our mouth filled with laughter and our tongue with ſinging &c. But haveing ſaid eneough of theſe things, by way of introduction, both for cleering of ſome particulars, that will hereafter fall in my way, and alſo for obviating any miſtake, that can poſſiblie ariſe, in prejudice of the countrey, 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 Earle of Midleton was firſt honoured, with his Maties. Commiſſion, ad did therein beſtirr himſelfe very vigorouſlie, but overhaſtning, and overpryſeing his worke, he ſoon rendered himſelfe obnoxious; ſo that upon the mutuall jealouſies betwixt him and the Duke, then Earle, of Lauderdaill, the Earle of Midleton, in his paſſion miſtakeing the method of billetting, for that of open voteing, and in a more juſtifiable preſentment, then righteous judgement, cauſing My Lo. Lauderdaill to be ſentenced incapable of publick truſt; Lauderdaill getteth the advantage; and manageing it at Court, by a baſe inſinuation of Earle Midletons generous diſdain of his unworthie practices, in a short time he prevails to Midletons overthrow, and, as the courſe leſſe invidious, obtains his Commiſſion to be transferred to the Earle of Rotheſſe, whom he accompanies, from Court to this kingdom, for concludeing thatar Plt.
And in this laſt Seſſion thereof it vvas, that the Act and humble tender above mentioned, vvas paſſed vvith that exorbitant clauſe, offering the forces therein condeſcended on, to be in readineſſe, as they shall be called for by his Matie., to march to any part of his Dominions of Scotland, England, or Ireland, for ſuppreſſing of any forraign invaſion, intestin trouble, or inſurrection, or for any other ſervice, wherein his Maties. honour, authoritie, or greatneſſe may be concerned. Which, though at that time it was lookt upon, by ſome, as ſuperfluouſlie expreſſe, and ſuſpiciouſlie diſtinct (a generall offer, being a more aggrieable ſignification of dutie, and a limitation to Scotland, more proper to a Parliaments prudence) Yet the ſtile and humour of thoſe times, did eaſilie exempt it from particular notice: But what My Lo. Lauderdaill, its principall contryver, did thereby intend, time, the beſt revealer of ſecret deſignes, hath ſince ſufficientlie diſcovered.
This Parlt. being diſſolved, our new triumphant Church (a qualitie, which no Church on earth, did ever evenlie bear) came next upon the ſtage, and being fullie authoriſed by the laws latelie made, and then alſo armed with their High Commiſſion, they go on, in the years 1664. 65. and 66. with their dear and important conformitie, at ſo chriſtian a rate, that I verily believe, that all men, except a few of our laborious and indefatigable ghoſtlie fathers, were perfectlie thereby tyred out: what prancks were plaid, tumults excited, and tragedies acted, in theſe years, by our reverend Clergie, as if aemulous of that Presbyterian zeal, which they uſe ſo hotlie to decry, needs not here be repeated: My Lo. Lauderdaill himſelfe, though at that time our ſole Miniſter, was, in appearance, ſo overcome, and born down by them, to a deſperate indifferencie, that, in probabilitie, if the Earle of Tweddell and Sr. Robert Murray, had not come in for his admonition, and our reliefe, the land might have been reduced to the greateſt extremities.
But they, having then the honour of his favour, and thereby, acceſſe to repreſent things in their true ſtate, became the happie inſtruments of a very ſeaſonable deliverance, and afterwards of a more expedient indulgence; whereby the Countrey was very ſenſiblie refreſhed, and a great part of its diſquiets compoſed: And this was the condition of our affairs, when unluckilie, in the year 1669. My Lo. 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 Parlt. to be called, and himſelfe thereto named Commiſſioner: Now, it being from the date of this Commiſſion, that we may trulie calculate the riſe of moſt of our late miſchiefs, it will not be amiſſe, that, in the firſt place, I ſummarylie runn over the occaſion, and continuing of this Par lt. and thereby make way to their more cohaerent 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 Octr. unto the 23. of Decr., all done about it was onelyonly the Parliaments anſwer to his Maties. letter: But the truth is, the honour, power, and profit of the place of Kings Commiſſioner, being once taſted, did prove by farr the more tempting; and therefore the Parlt. muſt be continued, for proſecution of the thing, in a ſecond Seſſion, which was accordinglie held, from the 28. of July unto the 22. of Aguſt 1670, and therein the Commiſſion for the treatie, is, in litle more than an hour, expedited to ſuch perſons, as it ſhould pleaſe his Matie to nominate, or rather My Lo. Lauderdaill to ſuggeſt; But, allbeit that, within a very ſhort ſpace thereafter, this whole project was marred, and its deſign diſſipated like a vapour; yet our Parlt. and his Graces Commiſſion were ſtill kept current, untill that very happilie the warr, 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 letters are read, intimating the warr to be the cauſe of their meeting; but withall ſtuffed, with ſuch hyperbolicall commendations of My Lo. Commiſſioners Grace, that I am charitable to think, that neither his preſumption vvould have ſerved him to move his Matie to ſuch things, nor, even his modeſtie have conſented, that the like ſhould be ſaid of him, if it had not been a deſigned gallantrie for his new amiable Dutcheſſe, who, by a novell practice, had her place prepared, and was there preſent: and certainlie it is to the ſame reaſon, that we muſt aſcribe his breaking up of this Seſſion in the midle, for leading of her Grace, foreign about the Countrey, for ſeverall weeks; the members of Parlt., 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 nevertheleſſe in his particular, happened well: for finding that matters in England begun to frown, and that in the ſummer 1673, the clouds thickned exceedinglie, even to the threatning of an inevitable eruption, at the enſueing meeting or their Parlt.; If Scotland, formerlie the theatre of his glory, had not novv preſented, as a convenient retreat, he might have been in great perplexitie: and therefore, for a fourth time, dovvn he muſt come, onelyonly the pretence vvas not ſo obvious, yet the vvarr not ended, and the diſorders of the Phanaticks, that have ſerved many a turn, are judged ſufficient matter for a letter, wherein his Matie recommending firſt the ſecuritie of the kingdom, and next, the ſevere chaſtiſement of non-conforming diſorders, concludes with many good words in behalf of his Grace in the uſuall manner: but the 12. of Novr. the day of the meeting of Parlt. being come, after the reading of his Maties. letter, and a ſhort ſpeech made by the Commiſſioner, he is greatly ſurprized, 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 Parlt., 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 oppoſits, to appeaſe matters; and, on the other, he fights and wreſtles, with pretences of his Maties prerogative, and abrupt adjournments, to ſtave off more touching complaints; untill, perceiving all his ground to be loſt, he is at length neceſſitated to deliver himſelfe by one long adjournment for all, and to wait for a more favourable opportunitie, from the iſſue of things then in dependence in England: but notwithſtanding, that all things, both at Court, and concerning the Engliſh Parlt., 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 Parlt. recurrs, on the 3d. of March, he again, by his Maties. expreſſe command, chuſes to adjourn it unto the 14. of Octr. next, to the unexpreſſible ſurpriſe, and diſſatisfaction of both Parlt. and people.
Having thus diſpatched the narrative of our Parlt. 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 remembred, that, after that the Earle of Midleton was laid aſide, the whole mannagement of our affairs, at Court, was devolved upon My Lo. Laud., as ſole Secretarie, for this kingdom, neither can it be accounted an impoſing, by any knowing perſon, to affirm, that he did no leſſe abſolutelie exerciſe it.
His Maties long abſence from our Countrey, and his neceſſarie unacquaintedneſſe, by reaſon thereof, both with perſons and the condition of matters amongſt us, do certainlie extend, and raiſe this employment to the greateſt and higheſt truſt: But My Lo. Lauderdaill, according to his noble ſelfe confidence, apprehending more the controul of other mens officious medlings, than the leaſt poſſibilitie of his own miſtaking, did further improve the thing, by the particular care and caution that he took, to have himſelfe his Maties ſole Informer as well as his ſole Secretarie; and therefore, not onelyonly upon the pretence of his Maties prerogative, were our matters, for the moſt part, diſpoſed of above, without any previous advice of his Maties Councell in Scotland; but ſtrict notice was alſo taken of all Scotchmen coming to Court; and to attempt an addreſſe, or acceſſe to his Matie., otherwiſe then by My Lo. Lauderdaill, was, no leſſe, 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 ſtudie and work, as he hath often publicklie boaſted, to have the Court Councell for Scotch buſineſſe, upon pretext that it conſiſted of Engliſhmen, diſuſed and ſuppreſſed: But as it is evident, that he did draw to himſelfe the whole ſignificancie of our Nation in England, meerlie for the augmenting of his own value, ſo it is no leſſe clear that he ordered all things amongſt us at his own pleaſure. Thus, from himſelfe alone, Privie Councellors are named, Lords of Seſſion and Exchecquer placed and removed, gifts and penſions granted, Armies levied, and disbanded, Generall Officers appointed, this Parlt. called, and all other matters of importance tranſacted, as he thought good to adviſe and direct: And the truth is, that for ſeverall years, the thing was quietlie comported with, foraſmuch as, we did not onelyonly 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, then his humour, his adminiſtration, though too abſolute, was yet not altogether unreaſonable: But, this reſtraint being once removed, and his ambition left at libertie to ſwell with his proſperitie, what ſtrange and grievous effects it hath ſince produced, eſpeciallie after his riſeing to be his Maties Commiſſioner, the plain hiſtory of things, without the perſwaſions of any other argument, will beſt evince; and becauſe that the order obſerved, or intended in Parlt., will probablie give moſt ſatisfaction, it ſhall alſo be the rule of our method.
The firſt, and great grievance then, mentioned in Parlt., was the monopolie of the Salt, which being by My Lo. Lauderdaill procured, to the Earle of Kincaerden his friend, by his Maties gift, allowing the praeemption of Inland and prohibition Forraign ſalt, was worth to the intereſſed more then 4000 lb. ſt. yearlie; but not onelyonly with twice as great a diminution of his Maties. revennue, but to the generall and heavie diſtreſſe of the whole countrey; it being moſt certain, that the nation was thereby reduced to thoſe ſtraits, that in many places, the poor people were neceſſitated, to ſend ſeverall miles to the ſea, for ſalt water, to ſupplie their indigence; and in other places were conſtrained, to give 18. or 20. ſhillings ſt. for the ſame quantitie 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 chief Officers, perceiving that the firſt deſign of this Salt-project could not take, and that the conſequences of this gift would be very hurtfull, did by their letter give full information to the Court of the prejudices and dangers, likelie to enſue upon it, in ſtead of prevailing, they vvere rather chid and menaced for being ſo officious.
The ſecond grievance vvas, that of the Brandy-wine, vvhichwhich vvas thus occaſioned; in the Parlt. 1663. there was an Act made, prohibiting the importation of ſtrong vvaters, and ſo of brandy-vvine; vvhereupon, in the year 1672., My Lo. Lauderdaill obtains for the L. Elphinſton, vvho had married his Niece, a gift of this prohibition, and of the ſeizures, that ſhould be made upon it; but the contrivance vvas not to render the lavv effectuall, 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, vvhichwhich vvould have amounted to at leaſt 30,00. lb. ſt. yearlie; and hereby vaſt quanties vvere imported, vvithout the payment of either Cuſtom or Exciſe, and yet vented again in the Countrey 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 himſelfe and ſome other of My Lo. Lauderdails friends, who were his partakers, whereby they ſhould have made a conſiderable benefit, but with the dammage of, at leaſt, two or three thouſand pounds ſt. yearlie to his Maties treaſurie, and the great extortion of the people. Theſe were my Lo. Lauderdails wiſe and faithfull improvements of his Maties. prerogative in the matter of Trade, which he was ſo inſtrumentall to have declared, and indeed are perverſions, ſo palpablie groſſe, 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 Parlt., what oppoſition, and indignation he ſhewed, even to the ſtraining of his Maties ſacred authoritie, in its moſt tender and delicate part, many hundreds can teſtifie; neither can it be alleadged that the things were firſt moved in Parlt., not for a redreſſe from My Lo: Commiſſioner, but in order to A repreſentation deſired to have been made to his Matie. Becauſe that, firſt they being ſo enormous, and yet inſtances onelyonly, and not the whole of our grievances, a repreſentation to the king, was not more neceſſarie for an adequate remedie, then for future prevention. Next, the matter of the Salt had been alreadie fullie remonſtrated to his Matie by his Officers of State, and by My Lo. Laud. procurement, a ſharp rebuke, in ſtead of a gracious reliefe, was all the return, as I have allreadie 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 hearkning to a redreſſe, had, according to the inflexible conſtancie of his great ſoul, in the royall ſpirit of Pharaoh, and with the brave Politick of Rehoboams young huffes, anſwered theſe turbulent murmurers, you are idle, you are idle, your yoke is heavie, but I will add thereto.
However neceſſitie, at this time, prevailing, theſe three burdens are removed, to the peoples great comfort, and his Majeſties conſiderable advantage. But here it is that we are to remark, that the thing wherein his Grace did find himſelfe moſtly concerned, was the propoſall made, as I have touched, that his Matie ſhould be by his Parlt. immediatlie informed of the true ſtate and condition of the kingdom; and indeed his Grace was thereby ſo hotlie allaram'd, that litle more libertie of ſpeech was allowed, or order obſerved; but immediatlie his Maties prerogative is pretended, that nothing ought to be moved in Parlt. 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 onelyonly were all motions offered in plene Parlt. checkt and interrupted with this common anſwer, to the Articles, but the Parlt. 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 priviledge of the Lords of the Articles, was juſtlie lookt upon by all conſidering men, as a virtuall ſubverſion of the power and libertie of Parlts., alike prejudiciall, both to his Matie 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 Prelats, and eight Lords, firſt elected, jointlie 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 onelyonly all buſineſſe muſt be by the Lords of the Articles, and by them onelyonly, tabled in Parlt., but that, if in the debates upon their reports any new thing ſhould be ſtarted, the Parlt. 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, vvas at firſt by the free appointment of our Parlts., vvho thought fitt to name certain of their number, for framing ſuch overtures as vvere offered for the publik good, into Articles to be enacted for lavvs according to the ancient form; and therefore, it being at firſt deviſed by the Parlt., as a ſimple expedient for order and diſpatch, it vvas alſo, both inconſtant in its being▪ and variant in its number and method, according as the Parlt. did ſee cauſe.
Fourthly, That as this meeting was in effect the Committee of the Parlt., for preparing laws; ſo it is very well known, that there was another, more ancient, meeting ordained by the Parlt. and called, Domini ad querelas or (if you will) the Committee of Grievances, which having continued in all times, was onelyonly diſuſed in the 2d. Seſſion of the Parlt. 1661., to the effect that private affairs, which in the firſt Seſſion of that Parlt., when our ordinarie Courts were not ſet down, had taken too great a current that way, might, after their reſtitution, return more eaſilie to their proper channels.
Fifthly, That the Act of Parlt. K. I. 6th appointing four of every Estate, to meet 20. days before the Parlt. 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 formallie made and preſented to the Lords of the Articles, in the Parlt. time, & frivolous matters rejected; Doth no vvays countenance this exorbitant power of the Lords of the Articles, it being manifeſt, by the order therein ſett down of preparing matters by a previous meeting, and their ſubſequent forming, and preſenting, by the three Eſtates, to the Articles, that the Parlts. povver of firſt receiving, and then committing, matters to that meeting, vvas not, at that time, ſo much as the ſubject of the queſtion. But, the onelyonly thing intended, vvas the orderlie tableing of things in Parlt. as is yet further apparent, by vvhat is there ſubjoined viz. that no Article or ſupplication wanting a ſpeciall title or unſubſcribed by the preſenter ſhall be read or anſwered in that Convention (to vvit of the four of every Eſtate) or the Parlt. following the ſame. Which is a proviſion, ſo cleerlie preparatorie, to the meeting and vvork of the Lords of the Articles, that it is indeed ſtrange, hovv men could have the confidence, to obtrude this Act, even to his Matie, for proveing their pretended prerogative of the meeting of the Articles over the Parlt., which, I darre affirm, did never before this time, enter in the imagination either of King or Parlt. ſince they were knovvn in this nation.
Sixthly, That in the Parlt. 1663., vvhere My Lo. Laud,s. influence vvas very eminent and ſignall, there vvas a particular Act made, for ſetling the conſtitution and choiſing of Lords of the Articles in all time thereafter whereby it is expreſslie 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 Parlt., & in doing every thing elſe, &c. Which words remitted to them do, in their obvious conſtruction, and moſt received ſignification among us, very evidentlie ſuppoſe, and hold forth, the povver, and uſe, of propoſing to be in the body of the Parlt., and that the Lords of the Articles are to act upon their references, as their Committee.
Which arguments, being well perpended, and the unanimous ſuffrage of reaſon, law and ſenſe, that doe plainlie ſay, that no Court can or ought to be cypherized by its own delegates, being thereto added; I think I may, without difficultie, affirm, that his Grace by attributing to the Articles this praeeminence, and ſuperintendence over the Parlt., and thereby depriving it of its juſt libertie, did directlie impugn, and highlie derogate from its authoritie and dignitie; and ſo became guiltie of a greater grievance, then any of thoſe, which he laboured to avoid. Its 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 obſequiouſneſſe of the Biſhops, would gain him the pluralitie) was his onelyonly refuge, from the terrour that he became to himſelfe in the apprehenſion, that otherwiſe his actings might come to be trulie diſcovered by a faithfull Parlt. to a gracious Prince: And next, the Parlt. had, out of their exceeding tenderneſſe of dutie to his Matie, teſtified, in their preceeding ſeſſions, ſo much complyance with all his humours, as well as deference to his character, that he had fullie aſſured his ambition of their eternall ſubmiſſion; neither was this aſſurance a groundleſſe flatterie, for he knew, that he had put the matter to the proof, upon ſeverall occaſions, as firſt, when upon a vacancie falling out in the meeting of the Articles, the Parlt. did allow him to ſupplie it by his nomination. 2dly, when contrarie 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 Parlt., being leſſe prepared, might the more implicitlie go along withall their concluſions▪ and 3dly. vvhen in the 3d. ſeſſion of this Parlt., upon an overture made by a member, in the debate about the ſumptuarie act, that the ſummer ſeſſion might be taken avvay, he paſſionatelie bluſtered out, that, for that very preſumption the thing …hould not be done ſo long as he was Commiſſioner, vvith many other fooliſh words to this effect: Yet in all theſe he was tamelie born with.
But, albeit theſe things may poſſiblie excuſe his being ſo untractable to free reaſoning, with which he had been ſo litle acquainted; yet it remains ſtill a matter of juſt wonder, that, at leaſt, the intereſt of his Maties authoritie, viſiblie expoſed by ſuch an intollerable 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 loyaltie of the Parlt. had not reſtrained, nothing elſe could have retrived the prerogative, from the inconvenience of this hard dilemma, either of being ſubjected to a neceſſarie regulation, or of being the occaſion of a ſeeming breach betwixt the King and his people. But the Parlt., being reſolved to decline that point, with their utmoſt circumſpection, chuſed rather to maintain their poſſeſſion, by an uneaſie exerciſe, then to aſſert their right with the ſmalleſt umbrage of offence, not doubting, but that his Matie would, in due time, determin the controverſie 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 Parlt. found acceſſe to move them in: onelyonly, ſeeing that their endeavours had no better ſucceſſe, than to provoke his Grace to break up this fourth Seſſion, with a two moneths adjournment, I ſhall here handle them more fullie then they were there ſpoke to.
The fourth grievance then is, the corruption of our Mint and Coinage, whereof My L. Hatton the D. of Lauds. brother is Generall; this complaint was grounded in the univerſall clamour of the people; vvho have found, for theſe ſeverall years, that the intrinſick value of our ſilver coin is ſenſiblie diminiſhed, both in its vveight and fineneſſe, 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 Countrey, with a light copper coin, without obſerving, either the quantitie, or the weight and value preſcribed, was nevertheleſſe by My L. Lauds. 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 legg dollars, uſuallie imported by our merchants, and current amongſt us at 58.d. per piece, were cryed down by the D. of Lauds. procurement, to 56.d. for no better reaſon known, than that they might be brought in for bullion, to the mint-houſe, for his brothers benefit: But though, that all demanded in Parlt. 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 memoriall given in for that effect, was not regarded: It is true that My L. Laud., after the Decr. adjournment of the Parlt., did move his Matie to vvrite a letter, and thereupon bring the buſineſſe to a tryall, before the Councell; but in a manner ſo partiall, that I profeſſe it is my admiration, hovv 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 letter, is, that there ſhould be a tryall made upon the Eſſay boxe, and the pieces therein contained. I ſhall not ſay, that the overſight thereof hath been altogether in My L. Hattons ovvn povver 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 mett to ſee whether the Officers of the Mint were as much fools as they were ſuſpected to be knaves, but notvv…h…tanding this the tryall goes on, and moreover the pieces are not brough… to the eſſay ſeverallie, but the whole (with what mixture of fyner pieces coined and conveyed in on purpoſe, to compenſe the baſer, who can tell) is melted down together in one maſſe, 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 deſigne of the contryvance, his Matie within theſe few days, ſends down a ſecond letter to the Councell, 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 Parlt., where the tryall ſhould alſo be iſſued, that his Maties firſt letter did onelyonly order a tryall to be made of the eſſay boxe, 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 bagg of money latelie 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 tryall made on the ſpecies therein contained. Notwithſtanding all which, My L. Commiſſioner, and the pluralitie of the Councell, proceed and vote an exoneration, conform to his Maties laſt 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 cleering, and all this contrarie to the reclaiming evidence, of almoſt, as many witneſſes, as there are pieces of his Maties coin minted in Scotland; it being certain that amongſt hundreds that have been tryed, very few have been reported to be, ſtandard.
The fifth, is the filling of our Courts of judicatorie eſpeciallie our Seſſion (which is the ſupream for adminiſtration of juſtice) with ignorant and inſufficient men: This is a grievance ſo notorious that I am ſorrie, that it leaves me not ſo much as; the ſhadow of a complement, in forbearing to name the perſons; Sr. Andrew Ramſey, one of the four latelie brought in by My L. Laud., being queſtioned in Parlt. (as we ſhall hear) did voluntarilie demitt in his Graces 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 evill doth not here ſubſiſt; its more afflicting progreſſe is, that in effect My L. Lauderdails all-ſwaying power, his brothers headines, and other mens baſeneſſe, have introduced that partialitie, both in the Seſſion and other Courts, that, the very foundations of law and right, are like to be ſhaken; as was readie to have been inſtanced in Parlt., in ſeverall late deciſions, prepared for ſeconding the memoriall given in for a tryall of this matter: And this was alſo the cauſe of another overture then thought upon, and ſince moved to his Matie, viz. that there ſhould be a methodical digeſtion of our laws, and that the rules of judgement ſhould be rendred more fixed and certain▪ but in place of a remedie, theſe things were all adjourned with the Parlt., & ſince their breaking up, new practices have been uſed, to make the caſe more deſperate: For there being, in Februarie 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 himſelfe thereby grieved, thought good to proteſt, and appeal to the King and Parlt: but My L. Commiſſioner looking on this as a noveltie (albeit it wanted not preſidents, and that even his Graces Father, who was himſelfe a Lord of the Seſſion did more, in appealing from the Seſſion to the King onelyonly) 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 contrarie to ſeverall Acts of Parlt., and of dangerous conſequence; to which an anſwer is as quicklie returned, ſignifying his Maties diſpleaſure againſt it, and ordering the Lords to enquire, by My L. Amond and his Advocates their oaths, who were its contryvers: But when the buſineſſe 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 Parlt., there did ly no ſuch appeall from the Lords, as could ſtopp their proceedings, or the execution of their ſentences; yet ſeing the Parlt. was the abſolute ſoveraign Court of the kingdom, and hath ſomtimes 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 lawfullie made from the Lords to the King and Parlt. and that this they conceived themſelvs bound to aſſert, leſt they ſhould contraveen the law, that forbiddeth all men, under the pain of treaſon, to impugn the ſupream authoritie of the Parlt. But albeit both his Maties Advocate 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 contrarie; 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 poſitivlie, 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 letter did ſuppoſe the thing to be unlawfull, and no man was bound, in a matter of that conſequence, to give oath againſt himſelfe; that, by an expreſſe 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 Advocates reaſons, write up a ſecond letter, acquainting the King with their denyall. In which heats and diſputes, unneceſſarilie drawn on, by My L. Commiſſioners ſtraining humours, about the authoritie both of King, Parlt. and Lords of Seſſion, and after a ſecond appeal made in the ſame manner, the Lords, according to their uſuall dyet, breake up untill 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 determin.
The ſixth grievance is generall gifts of his Maties caſualities ſuch as the generall gift of Wards and Marriages to the Earle of Kincaerden, contrarie to expreſſe Acts of Parlt., and to his Maties great prejudice, and the vexation or his ſubjects: For theſe caſualties, being of an undetermined extent, as uncertain as the death of Vaſſals, and ordinarilie attended vvith many circumſtances, vvhereof his Maties equitie and goodneſſe can onelyonly beſt arbitrate; the reaſon both of the lavv, and alſo of his Maties. and his ſubjects their intereſt, againſt all ſuch gifts, is abundantlie obvious. Neither is the aggravation, ariſing from the perſons, the procurer, and the purchaſer, leſſe conſiderable; the D. of Laud, and Earle of Kincaerden are, both of them, Commiſſioners of his Maties Treaſurie, and alſo extraornarie Lords of the Seſſion, ſo that being doublie obliged, by theſe two great and honourable truſts, equallie to intend his Maties advantage, and the obſervation or his laws, their delinquencie in this point, cannot but be accounted a high miſdemeanor; vvhichwhich to excuſe, by ſaying, that, notvvithſtanding the gift, no action hath been thereon founded, but all proceedings carried on in his Maties name, and by his Officers, after the uſuall form; vvhen in the mean time, My L. Kincaerden doth treat, and compound, and takes up the profits of all ſentences, vvhat is it elſe ſave to acknovvlegde a tranſgreſſion of the ſenſe, in the manifeſt circumvention of the vvords, of the lavv: Is is true that this gift is not the firſt of this nature that hath been granted: Immediatlie after his Maties return My L. Lauderdaill and others got a gift of all preceeding caſualities, and the Earle of Kincaerden, had alſo a prior gift for three years, whereof this is onelyonly a prorogation, by vertue of all which many thouſands of pounds have been very rigorouſlie exacted: but ſeing, there can be hardlie any thing more unreaſonable, then to pretend a priviledge in evill from mens forbearance, it is evident that theſe things, do onelyonly render the grievance exceedinglie more grievous.
Theſe three laſt grievances, having been moved in Parlt., immediatlie before its Decr. adjournment, before I paſſe to other things that were not moved, I ſhall brieflie narrate two other paſſages, that were thought alſo to influence it. The firſt ſhall be of one Mr. Paterſon Dean or Edenburgh; this man, after the firſt conflict in Parlt. about a repreſentation, to be made to his Matie., preaching before the Commiſſioner, was pleaſed to tell his auditors, that ſomtimes God for the ſins of a people would raiſe up a fawning Abſalom to flatter, and kiſſe 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, untill at length a Sheba the ſon of Bichri, should ariſe to ſound the trumpet of rebellion and ſay, We have no part in David, &c. with many moe words to this purpoſe; which diſcourſe, by all its circumſtances, carrying an intollerable reflexion upon ſome members of Parlt., and that ſo obviouſlie, that notwithſtanding that Mr. Paterſon did ſwear, that he thereby intended no particular perſon, yet, unleſſe 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 Clergie, 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 Edenburgh under Oliver, and complyed with him to the height of being Knighted, and thereafter getting himſelfe reknighted and reentred Proveiſt by the E. of Midletons favour, upon his diſgrace, very quicklie ſtrikes in with My L. Laud., with whom and the tradeſmen of Edenburgh, he by his long-practiſed arts, of flatterie, and briberie, did ſo mightilie prevail, that after having been ten years Proveiſt, and in that time domineered over the Citie, and enriched himſelfe by their rents and moneys at his pleaſure, he dreamed of nothing leſſe, then a perpetuall 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 ſalarie, yet now by My L. Laud, s. procurement in behalfe of his favourit, hath a penſion of 200. lb. ſt. yearlie, annexed to it. 2dly. the Militia, being eſtabliſhed, the Proveiſt is made Collonell, and his ſon Major, of Edenburgh regiment, and with a 100. lb. ſt. to the Major of yearlie ſalarie. 3dly. Sr. Andrevv 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 publick debt, both belonging to the L. of Wachton; My L. Lauder., to gratifie Sr. Andrew, moves the King, upon the pretence of this publick debt, and that the Baſs was a place of ſtrength (like to a caſtle in the moon) and of great importance, (the onelyonly neſt of Solengeeſe 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 then a 100. lb. ſt. yearlie, to be beſtowed upon himſelfe. But, beſides this, there was alſo here an open reciprocation on Sr. Andrews part; for it having pleaſed his Matie, about the ſame time, to perpetuate to the Town of Edenburgh a gift, which they had enjoyed for ſome years by temporarie grants, Sr. Andrew takes this occaſion to expreſſe his gratitude to his Patron, and repreſenting to the town, how much My L. Laud. had befriended them in that matter, he perſwades them to acknowledge it, with a benevolence of 5000. lb. ſt. 4thly. My Lo. Laud. procures Sr. Andrew, to be made firſt a privie Councellour, then a Commiſſioner of the Exchequer, and laſt of all a Lord. of the Seſſion, allthough the beſt breeding that ever he had, for theſe employments, was that of his being once a merchant.
But here, ill-natured envie maliciouſlie diſdaining theſe ridiculous preferments, and taking the advantage of Sr. Andrews manifold maleverſation, incites firſt the murmurings of the Citizens, and then at Michaelmeſs 1672, the oppoſition of ſome of their Councell, againſt his continuance in office: Nevertheleſſe Sr. Andrew, albeit with extream wreſtling, gets through for that time, and to prevent the recurring of the like difficultie, thinks fitt to inform My L. Laud., that ſome factious perſons had ſtirred up tumults, to diſturb his election, and thereupon his Maties letters are directed to the privie Councell, ordering them to examin the matter, and report: When the privie Councell received theſe letters, the moſt part were not a litle ſurprized, to ſee a command from Court, to enquire about a tumult, alleadged 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 Sr. Andrew being reſolved, notwithſtanding that the body of the Citie was generallie ſett againſt him, to carrie alſo the next election, the better to prepare for it, obtains by My. L. Laud. a letter from the King, in Septr. laſt to the Town-Councell of Edenburgh, reſuming the ſtorie of the tumult, and thereupon ordaining Mr. Roughheed their Clerk to be removed from his office, as being thereto acceſſorie, concluding that his Matie would ſuperſede to determin as to others, untill he ſhould be informed of their behaviour in the enſuing election: I ſhall not mention all the litle inſolencies, 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, contrarie to law, the right of the Clerks office, was arbitrarilie taken from him, without being heard, and the Town-Councell alſo indirectlie overawed in the freedom of their electing, did look upon the impetrating thereof, as a moſt dangerous precedent, threatning every mans propertie and libertie, and therefore, not onelyonly was the Clerk encouraged to raiſe an action declaratorie of his right and for repoſſeſſion, but My L. Laud. preceiving, that the generall reſentment was juſtlie levelled againſt himſelfe, as the principall author of this high attempt, he again by a ſecond act, impoſing no leſſe upon his Maties goodneſſe, then by the former he had abuſed his juſtice, moves his Matie 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 incendiarie: Theſe then and ſeverall other of Sr Andrews high misdemeanors, having deſervedlie occaſioned a complaint to be exhibited againſt him in Parlt., the Commiſſioner, obſerving well what might be its conſequence, and yet unwilling openlie to undertake his defence & patrocinie, conſents that the matter be referred to the Lords of the Articles, and there again obtains that the tryall of the things charged, ſhould be remitted to the ordinarie Courts: But the Parlt. knowing as well as his Grace that thoſe exorbitancies, that flow from the abuſe of favour, are commonlie coloured with ſuch conveyances, as plain and poſitive laws, (to which theſe Courts are tyed,) doe rarelie ſuſpect and ſo very ſeldom provide againſt; doe therefore ſtill inſiſt that the Lords of the Articles would bring in their report; whereupon My Lo. Commiſſioner, underſtanding better then any man Sr Andrews guilt and his own acceſſion, as a fitt expedient, both to appeaſe the people, and to decline ſo concerning an accuſation; upon the Sabbath, wheedles Sr Andrew unto a voluntarie dimiſſion of all his places and employments, and upon the Tueſday thereafter adjourns the Parlt. and how he hath ſince endeavoured to repreſent him, both here & at Court, as if he alone were chargeable with all his offences is aboundantlie known.
I have been the more ample in this narration, becauſe that, with all reverence to his Matie, (whom I know to be infinitlie removed from all communication in My Lo. Lauds. naughtie practices) and proportions alſo being obſerved, and the parallels duelie commenced from the Year 1662., I doe indeed take Sr Andrew Ramſey with reference to My L. Laud. and the Citie of Edenburgh, to be a very exact modell of Lauderdaill himſelfe, in order to his Matie and all Scotland, and therefore the more ingratfull is his confidence that under ſuch a preſſing conviction, ſhould not relieve his Matie and the Kingdom, in compleeting the ſimilitude by a ſpontaneous dimiſſion.
Having thus gone thorough theſe motions made in Parlt. about the Mint, Lords of Seſſion, generall gifts, Dean Paterſon and Sr Andrew Ramſey I now proceed to theſe other grievances, which, allbeit not allowed to be brought in, were notwithſtanding intended by ſeverall members, and, in probabilitie, would have been the principall points in the repreſentation which was overtured, to be made to his Matie.
The ſeventh grievance then is the accumulation of eminent offices upon ſingle perſons: I ſhall not here reflect upon the ſufficiencie or inſufficiencie of any, I heartilie wiſh that all men were as carefull to cover, as I am willing to conceal their weakneſſe; but the plain ground of complaint is, that My L. Laud. hath procured to himſelfe, and the L. Hatton his brother, and to the Earles of Athol and Kincaerden, his particular freinds, not onelyonly the moſt conſiderable, but alſo the farr greater part, of the more important charges of the kingdom, to the viſible weakening of the government, and to the detriment of his Maties ſervice; thus the D. of Laud. himſelfe, is
Firſt, Preſident of his Maties Councell.
2dly ſole Secretarie.
3dly one of the Commiſſioners of the Treaſurie:
4thly Captain of the Caſtle of Edenburgh.
5thly Captain of the Baſs.
6thly Agent at Court for the Borroughs.
7thly one of the four extraordinarie Lords of the Seſſion: and 8thly (for who knows how long it may continue) his Maties high Commiſſioner and all that it imports.
The L. Hatton is 1ſt. Treaſurer depute.
2dly Generall of the Mint.
3dly one of the Lords of Seſſion.
The E. of Athole is 1ſt. Lord privie Seal.
2dly Lord Juſtice Generall.
3dly Captain of the Kings Guard.
4thly one of the four extraordinarie Lords of the Seſſion.
The E. of Kincaerden is one of the Commiſſioners of the Treaſurie.
2dly Vice-Admirall of Scotland.
And 3dly one of the four extraordinarie Lords of Seſſion. Principall offices are the ſtayes, 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 ſafetie, ſo in the multitude of Officers there is ſtrength, and their right diſtribution, doth not more encourage virtue and reward merit, then it ſettles the adminiſtration of the kingdom by a juſt ballance, and thereby becometh equallie advantagious, for the peoples good, and the Princes ſecuritie: But humour and ambition doe puffe at ſuch creeping politicks. 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 Sr. Charles Erskin and his ſon of the Lyons Office, & ſeverall others of that nature; by which continuance of offices, that, at moſt, uſed to be conferred ad vitam, his Matie, is deprived of that excellent part of his treaſure, which, with no expence, rewards virtue beſt, and is indeed the onelyonly fond of the moſt obliging gratifications.
The eighth grievance is the mal-adminiſtration and profuſion of his Maties revennue: The cleering 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 neceſſarie evidence & alſo diſcover, more fullie, the fruits & effects at My L. Lauds. miniſtrie, I ſhall onelyonly here ſett down, in generall, firſt what ſummes of money he and his three friends have got in donatives: and 2dly. what ſummes they receive yearlie by their places and penſions, as hath been made appear on ſeverall occaſions by a particular condeſcendence. My L. Laud. then, hath got in donatives within theſe few years no leſſe then 26900. lb. ſt. and may be reckoned to have yearlie 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 yearlie to 2500. lb. ſt.
The E. of Athole got latelie 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 eaſilie computed, but that they muſt be very conſiderable, by his generall gift of Wards and Marriages, which he hath had above theſe three years, may be evidentlie 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 wrackt in Schetland. As for his yearlie incomes, beſide his penſion as one of the Commiſſioners of the Treaſurie, he hath alſo all the perquiſits of the Admiralitie, 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 then opulent Kingdom of Scotland is eaſie to be judged: I grant I have included in the totall of My L. Lauds. yearlie ſumms, the penſion of 500. lb. ſt., which he procured, out of our Exchecquer, to his Dutcheſſe, when ſhe was onelyonly Counteſſe of Dyſert, and not his married wife; but I ſuppoſe that their then circumſtances being conſidered, the error will be excuſed, with leſſe pain, then it would have been for me, to make the diſtinction. I need not here ſubjoin how that, beſide theſe above-mentioned ſumms, almoſt all penſions and gifts have been beſtowed, theſe years bypaſt, according to his Graces pleaſure; his power in our affairs being in effect an omnipotencie, this part of it is not to be doubted, onelyonly it is to be regrated, that in all theſe exceſſive givings, ſo litle reſpect hath been had to thoſe, who have merited moſt of his Matie, both by their actings and ſufferings. But the thing, that I eſteem more worthie to be noticed, is that although ſince his Maties reſtitution, 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 ſumms otherwiſe levied by fynes, taxations, and aſſeſſements, without the leaſt burden, either of monies exported for his Maties uſe, or of forraign warr; yet, through a ſtrange miſgovernment, hath all been waſted, and conſumed, at home, without any viſible improvement, for the publick 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 warr.
The 9th. grievance and fountain of all the reſt is My L. Lauds. exceſſive greatneſſe, farr above what, either the Kingdom, or himſelfe can bear; I have alreadie obſerved, how that before he was Commiſſioner, he had, by reaſon of his being our ſole Secretarie and Court-Miniſter, the abſolute rule and diſpoſe of all our concerns; an interpoſition ungratefull enough, to a people, ſo affectionatlie, dutifull to his Matie. I have alſo marked, with what a ſevere jealouſie, he debarred all Scotchmen, from any acceſſe or opportunitie, ſo much as to ſpeak to his Matie, otherwiſe then he pleaſed; a practice no leſſe diſſerviceable to his Matie, then diſobliging to free fellow-ſubjects; I might in the 3d. place add, that, as his Maties neceſſarie abſence hath occaſioned to us the unhappineſſe of My L. Lauds. domination, ſo his Graces 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 ordinarilie tranſact, for the obtaining and expeding of gifts and ſignatures, & that it was, eſpeciallie by his Graces ſervants, that perſonall protections to debtors, were moſt abuſivlie impetrat: But ſeing the greateſt part of what I have ſaid, hath been, to ſett forth the miſerable iſſues of Lauderdails obſcuring and eclipſing grandour, I ſhall in this place, onelyonly note, how by his exaltation to be his Maties Commiſſioner, 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 doe 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 Parlt., upon the pretext of an Union, no leſſe groundleſſe in its project, then vain in its ſucceſſe; nor ſhall I reſume, by what means, and for what emptie reaſons, the Parlt. hath hitherto been kept current: That the office of Commiſſioner is a thing, altogether extraordinarie, & onelyonly warranted by the particular occaſion, & ſpeciall effect for which he is ordained, is a point ſo certain, that to affirm the contrarie, would be no leſſe, then a treaſonable attempt, to ſubvert the very foundations of this free Monarchie; when in former times Commiſſions of this ſort, were granted (which yet we doe not find to have been in uſe untill after King James his goeing to England) both the Commiſſions and the Parlt. uſed to be terminated in one ſeſſion; the firſt that adventured, upon the innovation of adjourning Parlts. for a long time and, continuing his Commiſſion in the intervall, was the E. of Midleton; and yet, notwithſtanding of all the high ſtrainings, that were then in faſhion, and that the Earles worke, could hardlie be ſooner compleeted, this ſame Lauderdaill did, ſo farr reſent it, as to make Midletons drawing out of his Commiſſion (though for litle more then two years) an article of his accuſation. But now that My L. Laud. hath himſelfe got into the power, he hath preſumed to protract it, now more then four yeares and a halfe, with ſo litle appearance of any neceſſitie, that on the contrair, we plainlie ſee, how that he hath, both hindered the Parlts. proceedings, and endeavoured to fruſtrate all its late meetings: which, as it is a manifeſt violenting of the ancient, and naturall conſtitution of our government; ſo the unneceſſarie continuance, and arbitrarie and frequent long adjournments of this Parlt.; hath contributed exceedinglie 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 ſecuritie; and what at firſt his ambition did proudlie contrive, his conſcience of guilt doth now oblige him, no leſſe tenaciouſlie, to maintain: ſo that our remedie and relief in this our deſolate and abandoned condition, remains onelyonly with God, and his Matie, in the return of their favour.
From which conſideration, as much as for the obviating of miſinformation, it pleaſed the D. of Hamiltoun, and Earle of Tweddel, with ſome other Gentlemen, after the adjournment of the Parlt. in Decr laſt, to go for Court, with the inexpreſſible good-liking of the whole Countrey, who from their faithfull repreſentation to his Matie, did confidentlie expect, an entire deliverance. But My L. Laud., that he might ſhew himſelfe, no leſſe croſſe to, then he was averſe from, ſuch a loyall enterpriſe, omitts no obſtruction, that he could lay in the way; and firſt, by a pittifull fellow in Berwick, whom he had before corrupted to ſpy and intercept all free correſpondence, he cauſeth ſeiſe, detain priſoner, and ſearch Sr William Carnegie a member of Parlt., 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 tenderneſſe, which moſt men doe retain for their Countreys honour, he obtains for his Intelligencer his Maties. 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 companie, in their paſſage, by a ſuſpicious queſtioning of their attendents, and refuſing them the conveniencie of a nights lodging, which, how farr it was contrarie to the generoſitie of the Governour, then abſent, and the civilitie of the Citizens, they ſince fullie evidenced by that noble reception, which they gave the Duke in his return. And laſtlie, My L. Laud. impoſes ſo farr, upon his Maties good nature, as to move him to diſcountenance a Gentleman, ſent before by D. Hammiltoun, under a groundleſſe pretext ſuggeſted by Lauderdaill, that he had been one of Olivers Sequeſtrators, contrarie to that prudent and benign part of the act of Indemnitie, prohibiting the remembrance of all odious names, whereof his Matie hath been always moſt tender.
But notwithſtanding all theſe rubbs, and many other discouragements, D. Hammiltoun and E. Tweddell being arrived at Court, doe there very freelie and faithfullie acquitt themſelves, in a full and particular account of all things, relating to his Matie or the Countreys intereſt; I need not here ſtand, to give the ſtorie by retail; it is like that the impreſſions were various, but in a word the reſult was the ſame, with the period which vve have heard, vvas putt to all the good votes and reſolves of the Engliſh Parlt; hovvever having had the good fortune to hear accidentallie of a letter, and aftervvards to ſee its double, vvhichwhich, I am crediblie informed, vvas delivered unto his Matie, much about the time that our Lords vvere there, I have thought good, here, to ſett dovvn, for publick ſatiſfaction, its juſt tranſcript. The addreſſe of the letter vvas, To the King, and its date and tenor as follovveth.