An Account of Scotlands Grievances, Letter
Edenburgh. Jan. 27. 1674. SIR,
Let the obſcuritie of the perſon, with the zeal of his affection, excuſe the manner, & maker of this addreſſe; I proteſt, as in the preſence of God, that it is without the privitie, or knowledge of either partie, and nothing leſſe, then the important concern of your ſervice, and the Countries peace, could have conſtrained to it.
I need not lay before your Matie, the many abuſes that Scotland hath of late ſuffered, The univerſall and moſt pinching grievance of the S…lt, with theſe of the Brandie and Tobacco are confeſſed, and redreſſed: Neither are theſe that remain, leſſe manifeſt, to wit, ignorant and inſufficient Judges, a light and baſe coine, generall gifts of Wards & Marriages, generall gifts of the pains of penall 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, invaſ…ons upon propertie and libertie by the impetration of private letters, unneceſſarie, long and frequent adjournments of Parlts, the continuing of a Commiſſioner in the intervalls of Seſſions of Parlt., the miſmannagement and profuſion of your Maties revenue, & laſtly, the exceſſive greatneſſe of a State Miniſter to the excluſion of all others from free acceſſe & application to your Matie, with the many evils that do thence proceed.
SIR, Theſe preſſures are, ſo heavie 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 Iustice would not ſooner prompt you to the remedie, 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 doe ſo? But ſeeing that your Matie, in your unparalleled goodneſſe, doth ſeem rather to incline to a gracious reliefe with a healing compoſure of all differences, than to notice paſt miſdemeanours, I shall onelyonly in all humilitie preſume to ſay, that whatever may be your royall clemencie, yet certainlie the cauſers of theſe wrongs cannot be the fitt inſtruments of an effectuall and ſatisfying redreſſe.
Your Matie is not unacquainted with the untoward & croſſe proceedings of the last Seſſion of Parlt: If your Commiſſioner was ſo uneaſie, and diſobliging, in his interruptings, and adjournings, when nothing was craved, but the remedie of ſuch things, which both your Maties ſervice, and your peoples cryes, did inſtantly demand, can it be exſpected, that in the things that remain (ſo much the more grievous, and unjuſtifiable, that he and a few of his friends are moſtlie therein interested) he will be more complacent? Nay Sir, it is evident as the light, that all the repugnancie, that he hath hitherto shewed, with his high pretendings, and ſtretchings of your Maties prerogative in the inſtitution of the Lords of the Articles, beyond what the nature and dignitie of Parlts will bear, hath plainlie been to prevent the progreſſe of your Parlt. to this tryall. The just and neceſſarie motions for examining his Brothers coine, 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 ſtrengthning of the party, is too well known to all, to be unknown to your Matie: He hath indeed thought good to anticipate the Parlt. in the matter of the Mint, but in a way ſo partiall, and eluſorie, that whether your Matie, your Parlt, or your people be thereby moſt injured, is hard to be determined. So that, upon the whole matter, conſidering, that things in controverſie doe purelie reſpect your peoples good; and, on the one hand, are proſecuted, with the moſt legall intentions of ſuch, who have allways been faithfull to your intereſt; and yet, on the other part, are ſtill oppoſed, with obſtinate partialitie, and untractable humours; It is beyond all queſtion, that the enſueing Seſſions, if holden by the ſame Commiſſioner, will neceſſarilie be attended with the former, if not greater heats and diſorders. I can not alſo forbear to tell your Matie., that hitherto your people are perſwaded, that in all their ſufferings, your Matie hath been more abuſed, and impoſed upon than they, themſelves; how expedient then it is, that this perſwaſion should ſtill continue, and that theſe incident errors of government should be at leaſt gentlie expiated, by fixing them upon the true authors, your Matie., who hath allways valued yourſelfe ſo much upon your peoples affections, can onelyonly beſt judge; ſeeing therefore that your people have been oppreſſed, by a malverſation not more irritating in its effects, than in the obſtinacie wherewith it is defended, and that they exſpect relief from your royall goodneſſe, with an aſſurance not to be diſappointed, without a very ſurprizing confuſion, and laſtlie, ſeeing nothing is deſired, or intended in order to the D. of Lauderdaill, to which he himſelfe ought not, both in dutie, and prudence moſt readilie to agree; let theſe in all humilitie ſollicit your Maties tranſcendent bountie, to conſider the following propoſalls, which are not more eaſie in themſelves, then they will prove moſt effectuall, at once, to diſſipate all evill appearances, and reſtore to this your ancient Kingdom, that ſerene peace, which will make our affection and dutie 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 Parlt.
2 That the D. of Laud. be confirmed in his places of Preſident of the Councell, and one of the Commiſſioners of the Treaſurie, and have your Maties indemnitie ratified in Parlt. for all things paſt.
3 That there be two Secretaries named, and appointed to reſide at Court, per vices, for your Maties impartiall information in all affairs.
4 That the other eminent offices, be duelie diſtribute and conferred upon deſerving perſons.
5 That the Commiſſioners of your Maties Treaſurie, with ſuch as you ſhall be pleaſed to add to them, be appointed to conſider the revennue, 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 removall of ſuch, as the Parlt., on tryall, shall find to be inſufficient.
7 That neceſſarie inſtructions be given to your Maties Commiſſioner, for the due redreſſe of all other grievances, and alſo for quieting and removing diſſatisfactions, in matters eccleſiaſtick.
8 That there be past in Parlt. an act of oblivion and indemnitie for the eſtablishing of the mindes of all your good ſubjects.
SIR, Theſe things, which may be almoſt, as ſoon done, as ſaid, will infalliblie prove the high advancement of your ſervice, and firm ſetlement of this Kingdom; to which I hope that an exceſſe of favour, to any one ſingle perſon, ſhall never preponderat. Sure I am, were it poſsible, that your Matie 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 loyaltie, should have obſtructed theſe, or ſuch like remedies as are here propoſed: I might alſo here offer to your Maties more ſerious thoughts, a paſſage recorded 2 Sam. 19.5.6.7. and recommended by the ſuitableneſſe of ſome of its circumſtances, to the preſent caſe; but ſince I am farr from thinking, that the D. of Laud. is to your Matie as Abſolom to David, or that the diſcontents with us are ſo dangerous or threatning, as is there intimated; and ſeing I doe as litle know, how to ſeperat Ioabs militarie and rude paſſion, from his dutifull and Zealous affection, I trust that God shall by more gentle and ſweet influences, incline your Matie to ariſe and ſpeake comfortablie 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 ſones, 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, then it had pleaſed the well; now therefore ariſe, goe forth and ſpeake comfortablie unto thy ſervants: for, I ſwear by the Lord, if thou goe not forth, there will not tarrie one with thee this night; & that will be worſe unto thee, then all the evill that befell thee from thy youth untill 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, formerlie mentioned, a releaſe of all arriers of Taxation and Seſſe preceeding the year 1665, a diſcharge of the annuitie of tithes, and a ſetling of the order of Parlt. according to known rules and preſidents; And laſtlie that nothing was omitted that might give a ſatisfieng evidence in every point, yet My L. Lauds. ſuggeſtions and influences doe more prevaill, & D. Hammiltoun is diſmiſſed with fair words: However it being promiſed that the Parlt. ſhould ſitt at its day and grievances be redreſſed and alſo a period putt to My Lo. Lauds. Commiſſion, My L. Hammiltoun haiſtens homeward, with extraordinarie difficultie, in reſpect both of the rigour of the ſeaſon and the infirmitie of his health, to attend its dyet on the 3d. of March, which was the very next day to that of his arriveall: But in ſtead of a ſeſſion ſo much exſpected, by the people and all the members of Parlt. (who had now waited about four moneths and were better conveened then at any time before) all, doe meet with the diſappointiment of a blunt adjournment, unto the 14. of Octr. next, and accordinglie the Parlt. is adjourned.
After theſe our more formed and generall grievances, I might here ſubjoin, ſome ſmaller notices, relateing to My L. Lauds. way and behaviour, not impertinent to the things that we have allreadie heard, ſuch as, firſt, his arrogant undervalue of Parlts., diſcovered by that expreſſion to his Matie. againſt the E. of Midletons ſervices, Sir, if you had ſent down a dog with your commiſſion about his neck to your Scotch Parlt, he would have done all that E. Midleton hath done. 2dly. his inſolent treating of ſome members, in this preſent Parlt., as when he commanded one Mr William Moor ſummarilie to priſon, becauſe, I think, he deſired that after the order of the Engliſh Parlt. Acts might be, at leaſt, thrice read, before they were voted, or ſomwhat to this purpoſe; and in his courſe ſtyle asked another, for having in his modeſtie ſaid, We for I, what Sir are there any myce in your arſe? 3dly. his contemptuous ſlighting of D. Hammiltoun, and moſt of the antient nobilitie 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 Treatie of the Union betwixt the two Kingdoms. 4thly. his ſtrange inconſtancie, in his friendſhips acted meerlie by his humour or advantage, as witneſſe his dealings with the Earles 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 flatterie, and rejected with proud prejudice. 5thly. his regardleſſe neglect of the countreys intereſt, to gratifie indigent or covetous perſons of his dependence, by procuring for them gifts of the pains of penall ſtatutes, as to Sr John Moncriefe a gift of the pains of non-conforming 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 ordinarilie of peck and bole. 6thly. his prophane complement to the Archbiſhop of St Andrews, coming one day to viſit him, Come in, My Lord, ſit down here at my right hand untill I make all your enemies your footſtool. 7thly. his dull and malicious Ieſtings, 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 Councell, by a reproachfull remembrance of by-paſt courſes, ſo that ſome of them have applyed to him the old remarque omnis Apoſtata ſuae ſectae oſor: But it is not to theſe onelyonly that he confines this humour, he makes it ſerve alſo in other occurrences, as when it was ſaid about grievances, that they ought not onelyonly 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, &c. as if in effect his fancie were leſed with the remains of his old hypocriſie. But paſſing theſe things, that may ſavour of a deſign of perſonall reflexion, which is trulie farr from me, it may be to better purpoſe to ſuſpend a litle the cloſure of this relation, in two more important remarques.
The firſt is, that in the firſt ſeſſion of this Parlt, and for its firſt Act, his Maties Supremacie was enacted, whereby it is declared not onelyonly that his Matie hath the ſupream authoritie over all perſons and in all cauſes within this Kingdom, and that by virtue thereof, the ordering of the externall government, and policie of the Church, doth properlie belong to him; but that his Matie, and his Succeſſors may ſetle, enact and emitt ſuch conſtitutions, acts, and orders, concerning all eccleſiaſticall perſons, meetings and Matters (a word infinitlie extenſive, comprehending the all of Religion) as they in their royall wiſdom shall think fit. It is true that this was unanimouſlie conſented to by the Parlt., and it is as well known, that all that the Parlt. had in view, was the eſtabliſhing of his Maties power and authoritie, for the better confirmation of a litle indulgence, then latelie granted to ſome Non-conforming Miniſters, and the more effectuall checqueing of the loyall 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 himſelfe, by an acceſſion to that power, whereof he then had, and ſtill hath the ſway, did quicklie diſcover it ſelfe, in its firſt application, directed againſt the Arch-Biſhop of Glaſgow; for My L. Laud. having conceived an irreconcileable grudge againſt this gentleman, moſtlie, becauſe he had on ſome occaſions addreſſed himſelfe to the King, otherwiſe then by him, the poor Biſhop is menaced, to have articles exhibited againſt him, before the Privie Councell, and thereupon is conſtrained, to dimitt; but this is not the ſole Act, wherein My L. Laud. hath propoſed to himſelfe the ſame aim: I have alreadie ſhewed, how that the Act. 1663; entituled an Humble Tender, &c. and offering 22. thouſand men to his Maties ſervice, was eſpeciallie of Lauds. framing, & it is very well known, hovv at Court he hath often ſince that time valued himſelfe very highlie, upon it: But novv being Commiſſioner, his induſtrious advancement of what at firſt, was, onelyonly more generallie agreed to, doth exhibit a more ſatisfying diſcoverie, and therefore we ſee, vvith vvhat care, in the very next Act to that of Supremacie, he goes about to ſetle the Militia, not as a ſimple Countrey-conceit, for the better training of men to the uſe of Armes; but upon the more martiall baſis, & for thoſe more noble ends of the former Act, & humble tender. I vvill not, for all this, ſay, that at that time he had in proſpect, the great things vvhereof he hath ſince been ſuſpected, yet I make no doubt, but, that even then, he looked upon the Supremacie & the Militia, ſo ſetled, &, in a manner, both in his own hand, as being the Kings Commiſſioner, as tvvo brave leading cards, vvherewith ſuch a Court-gameſter as he, in the many chances, and changes, that do there happen, might ſomtime or other come to do mightie feats. I love not to heighten, let be to creat, jealouſies, nor have I any facultie 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 arbitrarie & popiſh projects: Nevertheleſſe, ſuch indications, as runn into a mans eyes, can hardlie be diſſembled. It may then, be remembered; that, vvhen in the ſummer 1672, the Cabal at Court vvas in its aſcendent, & Laud. got to be on the top of it, and that matters in England vvere 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 enrolled, should be entirelie reſerved for that employment, and that both Officers, and ſouldiers should take the oath of Allegiance (vvhichwhich vvith us includes alſo the Supremacie,) and is, I ſuppoſe, a ſacramentum militare vvithout a preſident) and by another Act he obtains, to be impoſed a twelve moneths aſſeſſement, to ly for a ſtock of money for for their proviſion, and that upon this expreſſe narrative viz. That as the Kingdom of Scotland will cheerfullie hazard their lives, and fortunes, in the warr against the Dutch, or any other cauſe wherein his Maties ſafetie, honour, or interest may be concerned: So in order thereunto, they have ſo ſetled the Militia, as the forces of the Kingdom, may be in readineſſe, when ever his Matie shall be pleaſed for theſe ends to make uſe of them. Which things in Scotland and England being laid together, & the ſtrange twiſtings of the Supremacie that makes ſo large a ſurrender of matters of Religion, with theſe Acts of Militia & Maintenance, declaring a readineſſe for any expedition, &c. being well weighed; I think, it may warrantablie be affirmed, that if there was any extraordinary deſign at that time in agitation, My L. Lauds. hand, in probabilitie, was deepeſt in it. Neither can the Parlts. 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 loyaltie, for which they have always judged, that no words capable of a fair ſignification, could ever be too ſignificant. I need not adduce their unacquaintedneſſe with ſecret tranſactions for their purgation; he that can imagin, that Scotland would have conſented, to that heavie aſſeſſement, out of any other motive, then their abſolute & implicite affection to his Matie, let be in any thoughts of favouring Poperie, is widelie miſtaken, both of our riches and religion: And therefor it may well be concluded, that as the ill favoured aſpect, of the Act and Humble Tender &c. and Acts of Militia enſueing on it, toward England, with their ill contrived alternative, or for any other ſervice wherein his Maties honour, authoritie, or greatneſſe may be concerned, were at firſt the dictates of Lauderdails vanitie, and have often ſince been the boaſtings of his ambition; ſo they do plainlie enough evince, his black acceſſion to thoſe other myſteries, whereof he hath elſewhere been accuſed.
The 2d. remarque ſhall be, concerning My L. Lauds. adminiſtration in Church affairs. It is not neceſſarie to remember how that E. Midleton in his Parlt. thought fit, to correct the rigour of Presbyterie, by the heights of Prelacie, & what a ſevere vengeance of conformitie, the Biſhops did thereafter execute, upon the whole Countrey, for their former complyance with, and retained affection to their brethren of that miniſtrie: O when ſhall Princes know, wherein the true power, and peaceableneſſe of the Goſpell doth lye; & deliver themſelvs & their people, from the pedantrie, & hypocriſie of all Church-pretenders! However the extreme diſtreſſe, whereinto theſe Epiſcopall perſecutions had brought the Countrey, 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 ſupremacie was thereafter in Parlt. enacted. But that the Countrey might the better reliſh this favour, and know how to diſcern his Maties, from his Commiſſioners Grace, it pleaſed My L. Laud. that in the year 1670., conformitie ſhould be again commanded, and preſſed by new Acts of Parlt, and thoſe, in my opinion, of a greater ſeveritie, then the higheſt points in Chriſtianitie 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 licenſed by the Councel, 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 acceſſorie to the contrarie, shall be guiltie of keeping conventicles, and punished with the pains there ſpecified, the Article of the Apoſtolick Creed I beleve the communion of Saints notwithſtanding. 2dly. by the ſame Act, it is declared, that whoſoever without licenſe or authoritie a foreſaid, shall preach or pray at any field-meeting, or in any houſe, where there be more perſons, then the houſe contains, ſo as ſome of them be without doors (who may be onelyonly 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 onelyonly indemnifed for any ſlaughter that shall be committed, in the apprehending, but alſo aſſured of 500. merks Scots of reward, for each perſon by them ſeiſed and ſecured; ſo mortall a thing is this field-conventicling, the Meſſe and all its idolatrie hath nothing in it ſo deadlie. 3dly. by the 6th. Act of that Seſſion, there are conſiderable pecuniall pains ordained againſt diſorderlie baptiſmes, ſuch as thoſe are reckoned to be that are performed by outed Ministers not licenſed, or by any other then 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 ſubjects of the reformed religion (for Papiſts, that are without, God Judgeth) shall attend divine worship, in their own Churches, under the pecuniall pains there mentioned toties quoties &c. and in caſe any landed man, ſhall withdraw for the ſpace of a year, notwithſtanding their being therefore fullie fyned, they are to be preſented to his Maties Councell, who are authoriſed to require of them a bond not to riſe in arms against his Matie, or his Commiſſioner (as if a man could not be ſo far diſſatisfied with a pittifull Countrey Curat, but he muſt alſo be ſuſpected for diſaffection to his Matie) which if they refuſe, or delay, they are to be impriſoned, or banished, and both their ſingle and life-rent eſcheat doth immediatlie fall to his Matie. And laſtlie by the 2d. Act of that ſame Seſſion, it is ſtatuted and ordained that all perſons, thereto called by the Councell, or others having his Maties Authoritie, are obliged in conſcience (very fair) and dutie, to declare and depoſe upon oath, their knowledge of any crime, and particularlie 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 witneſſe upon all, that he ever ſaw or heard in his life, againſt himſelfe, his friend, father and all men elſe; or if he shall be ſo perverſelie wicked, or diſloyall, 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 Councels 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 Parlt ▪ procures the execution of the above-mentioned Acts againſt conventiclers and withdrawers from publick worſhip to be enjoined to all Sheriffes and Magiſtrats, with an expreſſe proviſion that they ſhould render an account yearlie of their diligence under the pain of 500. merks Scots.
But all theſe great efforts, of My L. Lauds. zeal againſt Phanaticks, proveing by farr leſſe ſucceſſefull, then that litle ſpecimen of his Maties. clemencie, whereunto Lauderdaill, had been by others inclined, and it haveing pleaſed his Matie., in the year 1672. to gratifie his Proteſtant ſubjects in England, with his royall goodneſſe, he thinks meet at the ſame time to extend it, of new, to Scotland; and therefore gives to his Commiſſioner, then amongſt us, all neceſſarie inſtructions, for compleeting this worke: But his Grace being now quite freed, from all thoſe good influences wherewith ſometime he had been acted, by a very uncourteous, & rude application, ſadlie marres his Maties. kindeneſſe, and fruſtrats its beſt end; for as much, as in place of that gracious reliefe, which, no doubt, was intended by his Matie., for all his non-conforming good ſubjectts, whether miniſters, or people, he plainlie turns this new Indulgence, into an univerſall confinement, of the whole non-conform Miniſters, unto ſome Pariſhes in a corner of the Countrey, leaving the reſt as dry or wett, as the ground, about Gideons fleece, and that, with ſuch a ſcornfull inconvenience (beſides ſome other ſcrupling conditions that were alſo impoſed) that to ſeuerall ſmall pariſhes, having not above à thouſand communicants, and 900. or a 1000. merks Scots, of ſtipend, he cauſeth to be appointed, three or four miniſters, contrair to all Juſt proportions, and onelyonly with the ridiculous equalitie, of as litle cure as litle ſallarie. Neither is he content to have thus cantonized thoſe that were licenſed, but even they that had none of his Maties. favour, muſt yet be made partakers of his Graces merciemercy, and therefore, it is further ordered, that all other non-conform miniſters not licenſed, ſhould either conform, in the places of their dvvelling, or elſe, before a certain day, repair to and reſide in the Pariſhes whereunto miniſters licenſed are appointed: I ſhall not ſay, that his Grace did thus reſtrain and clogg this Indulgence, becauſe that the Councell, upon a letter which he had before ſent them down, from his Matie., to know if Papiſts might alſo have ſome tollerance, returned their advice that, they thought it neither neceſſarie, nor expedient; but it is obvious enough, that if Papiſts had been made partakers of this intended favour, it muſt of neceſſitie have been ſhaped out, and moulded, by ſome more eaſie regulation. And yet, as if by this conceſſion, there had been accumulated upon the Phanaticks, a bountie to which nothing could be added, it is declared in the concluſion of the Councels Act, that they were not to looke for any further enlargement, but that the laws for conformitie were to be ſtrictlie executed, againſt all contraveeners; but the truth is, there was another motive, for this certification; his Grace knew very well, that not only the generalitie of that ſcrupling partie over Scotland, were litle obliged, by their being, in a manner, excepted from this his Maties. Grace, which often makes men, that before were unconcerned, to become more curious; but that ſome of them, who were now deprived of the libertie 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 truelie, if I were to form conjectures of mens deſignes, on the meaſures, that viſiblie appear to have been taken, in this ſorrie contryvance, I verily think, that all the ſpecious commendations, wherewith it was magnified, would ſcarſelie, make me forbear to ſay, that its reſtrictedneſſe and uneaſineſſe, ſeem rather to have been intended for the marring, then any thing elſe, for the promoveing of its ſucceſſe. It is ſufficientlie manifeſt to all ingenuous men, that, the non-conformiſts, for all their ſcruples, are not onelyonly ſincerelie, and ſecurelie loyall, but in effect, fullie as gentle and tractable, as can rationallie be exſpected, from thoſe principles, wherewith the Indulgence it ſelfe imports a diſpenſe▪ Beſides if diſperſion & the removing of the grounds of complaints be (as no doubt they are) the moſt effectuall means, to quiet ſuch opinionative diſtempers, what could have been more promiſeing, then to have diſpoſed upon the ſmall handfull of outed miniſters, that remain, either by returning them all freelie, to their own churches, or leaving them to ſetle, 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 utterlie ſpoiled, and a quiet and ſatisfied Kingdom, ſecured from almoſt the poſſibilitie, of forraign invaſion, would need no more any ſtanding forces, farr leſſe a ſtanding Commiſſioner; and how ſhould this poor countrey, after ſo many vexations, have endured ſo great a loſſe. But that his Graces well diſpoſedneſſe, in affairs of this kinde, may be the better underſtood, there is one inſtance of it, that I can not here omitt and it is thus; A litle before this Indulgence was granted, there were two countrey gentlemen, Hay of Ballhouſſie and Drummond of Meggins, brought in queſtion, for this flagitious impertinencie of conventicling; the qualitie of their guilt was, that the firſt, had, indeed, had privat meetings in his own houſe, but the ſecond was onelyonly charged, with his wife and daughters tranſgreſſion: However, his Grace haveing thought good, immediatlie upon the delation, to make over their fynes, unto his favourit the E. of Athole, and the gentlemen forſeing, that to make the gratification ſuitable, there was no leſſe, then the utmoſt rigour to be exſpected; they judged it beſt, to abandon their own defence, for a friendlie tranſaction, & therefore, caſting themſelves on the Earles diſcretion, they aggrie with him in writeing, the one to pay him 600. lb. ſt., and the other 400. lb. ſt.; but when they appear before the Councell, 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 generouſlie, towards his friend, who had got before, all that he had demanded, or more juſtlie 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 Graces moderation, in cauſing the Counteſſe of Wigtoun, a widow Lady, and otherwiſe cloathed with all the favourable circumſtances, that could be deſired, to appeare in perſon, before the Councell, to anſwer for privat meetings in her own houſe, and to be fyned in the ſumme of 5000. merks Scots, thereby ſhewing an impartialitie not to be byaſſed with any courteſie. But to return to our purpoſe, I need not mention particulars, for confirming of what I have ſaid, of the errours committed, in ſhapeing out this Indulgence: Its miſadventure, as to the compoſeing of matters, whereunto it pretended, hath afforded, both to his Maties Councell, and to the Miniſters licenſed, too much unpleaſent exerciſe, in citations, examinations, and reiterat orders, to leave it in the leaſt doubtfull. The thing, more worth our noticeing, is to conſider, how fortunatlie the event did fall out, to juſtifie my ſuſpicion; I touched, in the beginning, what an opportune pretext, when all others failed, theſe non-conforming diſorders did furniſh to his Grace, for his laſt comeing amongſt us: But becauſe the letter, that he thereupon purchaſed from his Matie to his Parlt., doth not more hold forth, its true Author, in its unſuitableneſſe to his Maties excellent goodneſſe, then exhibit to the world the trueſt character of My L. Lauds. goodneſſe and ſinceritie in all theſe affairs, in lines of his own drawing; I ſhall here ſett down at length, ſome paſſages of it: But one of the principall reaſons of the keeping this ſeſſion of Parlt, is to the end effectuall courſes, may be laid down, for curbing and puniſhing, the inſolent field-conventicles, and other ſeditious practiſes, which have ſince your laſt ſeſſion too much abounded: You are our witneſſes, what indulgences we have given, and with what lenitie, 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 effectuall courſes, as the whole Kingdom may ſee, that we and you are both in earneſt, and that if fairneſſe will not, force muſt compell the refractorie to be peaceable, and obey the law. We have had frequent experience of your affection to our ſervice upon ſeverall occaſions, and therefore we are confident, you will eminentlie doe your dutie in this which doth ſo much concern, our authoritie and your own peace and quietneſſe: We leave the wayes and means to your own wiſdom, and we exſpect, you will lay down ſuch ſolid grounds & take ſuch effectuall wayes, as may put an end, to theſe diſorders & evidence to the world that our antient Kingdom of Scotland, is at quiet and united to us. We have inſtructed our Commiſſioner fullie in this &c. & he can well informe you of our conſtant affection to, & care of, all the concerns, of that our Kingdom, which conſideration at this time, hath made us diſpence with him here when his ſervice was ſo uſefull to us &c. 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, vvith ſome Phanaticks, that if the Lord had not unexſpectedlie beat down to the earth, this perſecutour vvith his letters, breathing out ſuch threatnings, and ſlaughter, our land might have again been turned, into a field of blood and confuſion: Nor vvill I poſitivelie affirm, that theſe minatorie ſtrains, vvere purpoſelie intended, for to overavv the nation, to a more complyant ſubmiſſion, to the introduction of a Service-booke, vvhichwhich, it is vvell known, vvas both deſigned and prepared, and ſhould have been the great buſineſſe, of his Grace his laſt comeing dovvn: But certainlie, vvhoever compares, the expreſſions of this letter, vvith all their circumſtances, viz. his Maties benign clemencie to all innocent diſſenters, the Kingdomes unqueſtionable quiet, from all their diſturbances, its great and almoſt ſole diſtemper from My L. Lauds. ovvn oppreſſions, the viſible neceſſitie that forced him, at that time, to take ſanctuarie amongſt us, and laſtly the forebearance and inſinuation, that he hath ſince uſed, tovvard the non-conformiſts, to eaſe himſelfe of a part, at leaſt, of that univerſall odium, vvhichwhich he findes to be againſt him; muſt inevitablie breake forth in admiration, at this unmeaſured boldneſſe, of abuſeing his Maties name and authoritie, to ſo many extravagancies. Theſe have been his vvayes in the Church, ſo like, in every ſtep, to his actings in the State, that they neither could have any better ſucceſſe, nor can receive a milder cenſure. But novv his Grace, haveing rode out this ſtorm of grievances, delivered himſelfe from Parlts, and defeat all his enemies, in order to his return to Court, reſolves (as it is probable) to give the Kingdom a proofe, both of his ovvn free and unconſtrained benevolence, and alſo of his great povver and intereſt vvith his Matie, and therefore, there is a letter produced, from the King to his Councell, bearing, that his Maties affection for us, makes him readie to embrace all occaſions, whereby he may witneſſe his zeal, to doe 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, troubleſom, & burdenſom to us, he hath thought fit, in his royall bountie, and by his royall authoritie, to declare, his royall pleaſure for the diſcharging of all impoſitions, due before his reſtoration, all reſts of the taxation granted by the Parlt 1633., all arrears of the annuitie of tithes, preceeding the year 1660., and all fynes impoſed by his Maties firſt Parlt, excepting allwayes from all theſe, all ſummes of money allreadie paid, or for which bond is given preceeding the date of the letter: And laſtlie his Matie doth grant, a generall pardon and diſcharge, of all arbitrarie and pecuniall pains, incurred before the date of the letter, extending even to thoſe againſt Conventicles, withdrawing from ordinances, diſorderlie baptiſmes and marriages, excepting nevertheleſſe, all capitall crimes, and ſentences of banishment, impriſonment, or confynement. Upon this letter, there being a proclamation voted and formed by the Councell, it was the next day made, with the ſolemnities of the Magiſtrats in their robes, the citizens in arms, ringing of bells, ſhooting of guns, publick feaſting, bonefires, & all other ceremonies, that were uſed, in the moſt extraordinarie occaſions of joy: I ſhall not inſiſt on the peoples wonder, at the vain pomp, of theſe circumſtances, who could findenothing ſuitable in the ſubject; nor on the criticizings of the more maligne ſort, who regreting, that his Maties affection & zeal for our good, ſhould rather have been directed, by My L. Lauds., ſcant and partiall ſuggeſtions then by the full and faithfull advice of his Parlt., obſerved firſt, that the exception in the diſcharge, of the reſts of impoſitions, taxations and fynes, was infinitlie broader, then the releaſe it ſelfe, the countrey haveing, now for 13. years, been ſo vexed and haraſſed, for theſe things, that there is nothing left to be diſcharged, ſafe a few deſperat, and irrecoverable remains. 2dly. that a generall pardon and diſcharge of arbitrarie and pecuniall pains, is an ordinarie grace, cuſtomarie to be granted in moſt Parlts., with ſuch a latitude as they think fit to give it. 3dly. that the extenſion of this pardon, even to Conventicles &c. can have no emphaſis, unleſſe we ſuppoſe, conventicling & non-conconforming, to be worſe then Sabbath-breaking, profane ſwearing, drinking, whoring, uſerie, extortion, and the like. 4thly. that the exception of banishments, impriſonments and confynments, wherein a few Phanatick miniſters are moſtlie concerned, appears to be an unſeaſonable reſerve of a peeviſh rigour: and 5thly. that the ſtyle of the proclamation viz. We with advice foreſaid, doe hereby ſtatute and enact, and accordinglie diſcharge, to our ſubjects, all reſts and aſſeſſements &c. is not onelyonly forced but more Parliamentarie then proper for ſuch edicts.
But the thing, we rather remarque is, that juſt and important exception, moved againſt this letter and proclamation, by D. Hammiltoun and others in Councell, viz. that D. Hammiltoun, having an undoubted right to the taxation 1633., by a contract betwixt his late Matie. and James then Duke of Hammiltoun, and alſo by a commiſſion from his now Matie, for ſecuritie and repayment to him of a conſiderable ſumme of money, the ſame could not be taken away in this ſummarie way, without lawfull 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 mans right and propertie; this diſcharge was overtur'd both by himſelfe, and others, during the ſitting of the Parlt., and if it had been proſecuted, that way, all mens intereſts, might have been conſidered, and alſo the countrey more effectuallie ſecured: But after rejecting of that method, to have made choiſe of this, was an introduceing of preſidents, of an evill aſpect: And yet albeit it was reſolved by the beſt Lawyers, in a writeing under their hands, that Duke Hammiltouns right was unqueſtionable, that the King in ſuch caſes utitur jure privati, and that by the fundamentall law of the Land, no mans right could be taken away ſummarlie by letter and proclamation (which plea was alſo confirmed by the ſuffrage of the Judges there preſent) nevertheleſſe it was with extream heat, and pain, that My L. Laud▪ could be induced to conſent to the reſerving of D. Hammiltouns right, as we finde it to be done, in the Proclamation. I have before mentioned, the letter impetrat, from his Matie againſt Mr Rougheed town-Clerk of Edenburgh, and the offence which generallie it gave, becauſe of the invaſion of propertie and libertie, thereby threatned; but now, that My L. Laud, ſhould have again, and thus openlie, and avowedlie, relapſed into ſo pernicious an errour, it doth manifeſtlie evince, a deſign of arbitrarineſſe, beyond the excuſes of either follie or fatalitie.
And yet after this, & all his other high & ſtrange miſdemeanors, which I have hitherto related, My L. Laud▪ had the confidence, to preſent to the Councell, a letter of anſwer, to be ſubſcribed by them, and ſent up to the King, wherein thanks, are not onelyonly returned for his Maties gracious letter of releaſe, but alſo for his readines ſhewed by his Commiſſioner, to have rectified all our grievances, that were orderlie repreſented: I will not here take notice of the diſſents, entered by a conſiderable part of the Councell, againſt ſuch a groundleſſe and impoſeing practice; as his Grace vvould delude the common people, by bells and bonefires, and other emptie and ridiculous shows, doth he alſo think, that men of underſtanding, vvill ſuffer their eyes to be put out; is it not enough, that he hath tyrranniſed over us, vvith ſo much pride and oppreſſion, but that he muſt morever offer violence to our ſenſes, and not onelyonly obſtruct our prayers and cryes, to his Matie for his compaſſion and help, but even endeavour to elicit flattering approbations, and applauſes for palliating and ſupporting theſe groſſe malverſations; for vvhichwhich nevertheleſſe, it is beyond peradventure, that ſo ſoon as he ſhall be arrived at Court, he vvill think fit to ſecure himſelfe, as he hath alreadie done, for his farr inferior tranſgreſſions in England, by his Maties remiſſion and pardon?
Certainlie the free conſideration of theſe things, might ſtirre up, and raiſe every ingenuous ſpirit, to the higheſt meaſure of indignation, did not his Maties concern, and engagement therein, farr more povverfullie encline, to a dutifull regrete; who can obſerve, vvithout an aſtoniſhing griefe, this Kingdom, lately ſo overjoyed, for his Maties reſtoration, and overflovving in all the poſſible expreſſions of the moſt loyall acknovvledgements, novv ſunke into the ſaddeſt depths, of mourning, and darkned, by reaſon of the vvitholding of the rayes of his Maties gracious countenance, vvith clouds of jealouſies, vvhichwhich no man is vvilling to entertain, or yet able to diſſipat: And vvho can think, vvithout a moſt ſenſible affliction, that his Maties moſt excellent underſtanding & moſt benign diſpoſition, in all other occaſions, ſhould in theſe matters of the higheſt conſequence, be ſo oddelie poſſeſt, vvith ſuch a ſtrange averſion, to hearken to, a moſt loyall Parlt. and to be adviſed by his moſt affectionat ſubjects: And laſtly vvho can ſee, (vvithout a confuſion, and riſeing of paſſions, not to be expreſſed,) the D. of Laud., a perſon, ſo inſignificant for the advance of his Maties ſervice, and, of late, become ſo extravagant and unacceptable, even in his privat deportment and ordinarie converſation vvith …ll men; yet, in theſe publick and great affairs vvherein he hath ſo vvyldlie miſcarried to preponderat, in his Maties eſteem, to the univerſall outcry of tvvo nations, the unprejudicat complaint of tvvo Parlts., and the viſible diſturbing, if not breaking, of the peace and quiet of tvvo Kingdoms; I ſhall not offer at the arts, charms or inchantments▪ vvhereby theſe vvonderfull things, may be brought to paſſe it is but too too manifeſt, that vvhere My L. Laud., did ſometime ſtand in the moſt undutifull difference, & ſeeminglie irreconcilable diſtance, he hath of late, ſince the beginning, of the laſt Dutch vvarr; and the ariſeing of the jealouſies, vvhichwhich did commence vvith it, procured to himſelfe, ſo firm a friendſhip, & ſo ſure a ſupport, that the more that theſe jealouſies, and their diſſatisfactions, have encreaſed, the more hath this favour been confirmed, and intended. But vvhy ſhould I grope in theſe ſuſpicious conjectures, vvherein all good men, doe rather deſire, to find themſelves deceived, then further cleered: Let us rather vviſh, that his Maties eyes may be opened, and his heart turned tovvards this, his antient Kingdom, and in the mean time be eſtabliſhed, in this moſt fixed aſſurance, that notvvithſtanding 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 publick good of the nation, and for the bearing dovvn 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 paſſe 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. nd▪ athere, for and there and ſuch like, as I know they can not marr the ſenſe, ſo I hope they shall not incurr thy cenſure.
End of the text · James Stewart, An Account of Scotlands Grievances (1672)