An accompt of Scotlands grievances by reason of the D. of Lauderdales ministrie humbly tendred to His Sacred Majesty.

When, in the year 1660., it pleased God to restore his Ma^tie. 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: Nei∣ther was this Joy a meer raptour of passion, or its demonstrations confined to transient expressions; if his Ma^tie. had done all for himselfe and us, which God did for both, the reall and solid re∣tributions 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 Par^lt 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 Ma^ties. prerogative, to be abso∣lute 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 Sovereign∣tie 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 modera∣tion of our Ancestors, who notwithsstanding the frequent oc∣currence 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 pre∣tences 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 pru∣dence, 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 govern∣ment, 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 Ma^ties. revennue, above the double of what he formerlie possessed; and doe netly grant him, by a voluntarie establishment, more, I am perswad∣ed, 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 Par^lt. it is ex∣presselie sett down, That his Majestie had signified his resolution not to raise any more Sess; and yet how often, since that time, our be∣nevolence hath by Commissioners been drawn forth, beyond our power, upon pretext of his Ma^ties. 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 Ma^tie., 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 Ma^tie. of the dutie and loyaltie of his antient kingdom of Scotland, mancipat our very li∣berties and persons to his Ma^ties. 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 ar∣med, and furnished with fourtie dayes provision, to be in readinesse upon his Ma^ties. call, for the ends there mentioned: And by the same Act the Par^lt. doth declare, that if his Ma^tie. 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 Ma^tie., 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 Par^lt. by another Act, in dutifull and humble recognizance of his Ma^ties. prerogative royall, doth de∣clare, 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 Ma^tie. and his successors, as an un∣doubted

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 Ma^ties. goodnes, then upon the firmest provision of the best laws; al∣though the Par^lt. 1641. was held by his Ma^ties. 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 Ma^tie. differing from us, we, at one blow, annull that Par^lt., and with∣out other reason or distinction rescind all its proceedings.

6thly and lastly, That, for to evidence our unparalelled sub∣mission, and resignation unto his Ma^ties. 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 Ma^ties. will, our Par^lt. doth consent and the people silent∣lie acquiesce, to Presbyteries unexspected overthrow, and Prela∣cies 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 since∣ritie and satisfaction of our joy, for his Ma^ties. return, being con∣sidered, 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 preju∣dice 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 Ma^ties. Commission, ad did therein bestirr himselfe very vigorouslie, but overhastning, and overpryseing his worke, he soon rendered him∣selfe 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 L^o. Lauderdaill to be sentenced incapable of publick trust; Lauderdaill getteth the advantage; and manage∣ing it at Court, by a base insinuation of Earle Midletons gene∣rous disdain of his unworthie practices, in a short time he prevails to Midletons overthrow, and, as the course lesse invidious, ob∣tains his Commission to be transferred to the Earle of Rothesse, whom he accompanies, from Court to this kingdom, for con∣cludeing thatar P^lt.

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 Ma^tie., to march to any part of his Domi∣nions of Scotland, England, or Ireland, for suppressing of any forraign invasion, intestin trouble, or insurrection, or for any other service, wherein his Ma^ties. honour, authoritie, or greatnesse may be concerned. Which, though at that time it was lookt upon, by some, as su∣perfluouslie 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 L^o. Lauderdaill, its principall contryver, did thereby intend, time, the best revealer of secret designes, hath since sufficientlie discovered.

This Par^lt. 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 L^o. Lauderdaill himselfe, though at that time our sole Mini∣ster, was, in appearance, so overcome, and born down by them, to a desperate indifferencie, that, in probabilitie, if the Earle of Tweddell and S^r. Robert Murray, had not come in for his admo∣nition, 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 L^o. Lauderdaill, falling into an itch of Grace, and thirsting for a little of that Glory, whereof he had long swayed the Power, procures a new Par^lt. to be called, and himselfe there∣to 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 assem∣bling, was the notion of an Union betwixt the two Kingdoms; but the matter being of great moment, our procedure must also be very flow paced, and therefore, during all the first Session, which continued from the 19. of Oct^r. unto the 23. of Dec^r., all done about it was onely the Parliaments answer to his Ma^ties. let∣ter:

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 Par^lt. must be continued, for prosecution of the thing, in a second Session, which was accord∣inglie 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 Ma^tie to no∣minate, or rather My L^o. 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 Par^lt. 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 Ma^ties letters are read, intimating the warr to be the cause of their meeting; but withall stuffed, with such hyperbolicall com∣mendations of My L^o. Commissioners Grace, that I am chari∣table to think, that neither his presumption vvould have served him to move his Ma^tie 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, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 about the Countrey, for severall weeks; the members of Par^lt., being left to attend their return: & so after the close of this Session, which did dure from the 12. of June unto the 19. of Septr., he goes back again to Court, without any mention of a dissolution; which neverthelesse in his particular, happened well: for finding that matters in England begun to frown, and that in the summer 1673, the clouds thickned ex∣ceedinglie, even to the threatning of an inevitable eruption, at the ensueing meeting or their Par^lt.; 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, onely 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 Ma^tie 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 No^vr. the day of the meeting of Par^lt. being come, after the reading of his Ma^ties. 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 ad∣journment: and thus, from that day to the 9^th. of Dec^r, keeping only five meetings or Par^lt., he, on the one hand, endeavours by redressing the grievances of the Salt, Brandy and Tobacco, ca∣balling with his few adhaerers, and insinuating with some of his op∣posits, to appease matters; and, on the other, he fights and wrestles, with pretences of his Ma^ties 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 Par^lt., have suc∣ceeded to his very wish, and that in this interim, he hath omitted nothing at home or abroad, which might dispose affairs to a more propitious aspect; yet when the meeting of our Par^lt. recurrs, on the 3^d. of March, he again, by his Ma^ties. expresse command, chuses to adjourn it unto the 14. of Oct^r. next, to the unexpressible sur∣prise, and dissatisfaction of both Par^lt. and people.

Having thus dispatched the narrative of our Par^lt. and its Ses∣sions; for the better understanding of the causes, that have occa∣sioned our discontents, and increased them unto the present di∣stemper, it may be remembred, that, after that the Earle of Mid∣leton 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 know∣ing person, to affirm, that he did no lesse absolutelie exercise it.

His Ma^ties 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, apprehend∣ing 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 Ma^ties sole Informer as well as his sole Secretarie; and therefore, not onely upon the pretence of his Ma^ties preroga∣tive, were our matters, for the most part, disposed of above, without any previous advice of his Ma^ties Councell in Scotland; but strict notice was also taken of all Scotchmen coming to Court; and to attempt an addresse, or accesse to his Ma^tie., 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, Ge∣nerall Officers appointed, this Par^lt. called, and all other matters of importance transacted, as he thought good to advise and direct: And the truth is, that for severall years, the thing was quietlie comported with, forasmuch as, we did not onely consider that the present state and circumstances of our government, did some∣way 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 Ma^ties Commis∣sioner, the plain history of things, without the perswasions of any other argument, will best evince; and because that the order observed, or intended in Par^lt., will probablie give most satis∣faction, 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 Ma^ties gift, allowing the praeemption of Inland and prohibition For∣raign salt, was worth to the interessed more then 4000 lb. st. yearlie; but not onely with twice as great a diminution of his Ma^ties. revennue, but to the generall and heavie distresse of the whole countrey; it being most certain, that the nation was there∣by 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 Ma^ties 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 in∣formation 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, vvhich vvas thus occasioned; in the Par^lt. 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 li∣censes upon composition, at the rate of 15. or 16. lb. st. per tunn, vvhich 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 Coun∣trey 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 Ma^ties treasurie, and the great extortion of the people. These were my Lo. Lau∣derdails wise and faithfull improvements of his Ma^ties. prerogative in the matter of Trade, which he was so instrumentall to have de∣clared, and indeed are perversions, so palpablie grosse, that com∣paring events with their causes, a man may find great reason to doubt whether My Lo. Lauderdaill did not intend these very abuses, as much in the framing, as in the violating of, these laws: and yet when they came to be complained of in Par^lt., what opposition, and indignation he shewed, even to the straining of his Ma^ties 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 Par^lt., not for a redresse from My Lo: Commissioner, but in order to A representation desired to have been made to his Ma^tie. Because that, first they being so enormous, and yet instances onely, and not the whole of our grievances, a re∣presentation 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 Ma^tie 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 all∣readie 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 con∣siderable 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 Ma^tie should be by his Parlt. immediatlie informed of the true state and condi∣tion 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 Ma^ties prerogative is pretended, that nothing ought to be moved in Par^lt. except by the Lords of the Articles, that to them complaints and overtures should be first made, and, if by their vote thrown out, they should proceed no further, and therefore, not onely were all motions offered in plene Par^lt. checkt and interrupted with this common answer, to the Ar∣ticles, but the Par^lt. was certified by his Grace, that if they should all agree to have grievances otherwise treated, and considered, he would interpose and hinder it by his great negative.

Now, because, that this pretence of the 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 Par^lts., alike pre∣judiciall, both to his Ma^tie and the kingdom, it may be observed,

First, that this meeting of the Articles, by its last establishment, consists of eight Bishops, chosen by the Lords, eight Lords, chosen by the Bishops, and eight Commissioners of Shires, and eight Burgesses, chosen by the eight 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 onely all businesse must be by the Lords of the Articles, and by them onely, tabled in Parl^t., but that, if in the debates upon their reports any new thing should be started, the Par^lt. ought not to take notice of it, further, then to return the whole matter to the meeting of the Articles, to be there en∣tertained 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 ap∣pointment of our Par^lts., 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 Par^lt., as a simple expedient for order and dispatch, it vvas also, both inconstant in its being▪ and variant in its number and me∣thod, according as the Par^lt. did see cause.

Fourthly, That as this meeting was in effect the Committee of the Par^lt., for preparing laws; so it is very well known, that there was another, more ancient, meeting ordained by the Par^lt. and called, Domini ad querelas or (if you will) the Committee of Grie∣vances, which having continued in all times, was onely disused in the 2^d. Session of the Par^lt. 1661., to the effect that private affairs, which in the first Session of that Par^lt., when our 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 Par^lt. K. I. 6th appointing four of every Estate, to meet 20. days before the Par^lt. to receive all articles and supplications, and deliver them to the Clerk of Register, to be by him presented, to the persons of the Estates, to be considered by them, to the effect, that things reasonable, may be formallie made and pre∣sented to the Lords of the Articles, in the Par^lt. time, & frivolous mat∣ters rejected; Doth no vvays countenance this exorbitant power of the Lords of the Articles, it being manifest, by the order there∣in sett down of preparing matters by a previous meeting, and their subsequent forming, and presenting, by the three Estates, to the Articles, that the Par^lts. povver of first receiving, and then com∣mitting, matters to that meeting, vvas not, at that time, so much as the subject of the question. But, the onely thing intended, vvas the orderlie tableing of things in Par^lt. 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 ans∣wered in that Convention (to vvit of the four of every Estate) or the Par^lt. following the same. Which is a provision, so cleerlie prepa∣ratorie,

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 Ma^tie, 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 imagina∣tion either of King or Par^lt. since they were knovvn in this nation.

Sixthly, That in the Par^lt. 1663., vvhere My Lo. Laud,^s. in∣fluence 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 Par^lt., & in doing every thing else, &c. Which words remitted to them do, in their obvious construction, and most received signification among us, very evidentlie sup∣pose, and hold forth, the povver, and use, of proposing to be in the body of the Par^lt., and that the Lords of the Articles are to act upon their references, as their Committee.

Which arguments, being well 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 Par^lt., 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 griev∣ance, 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 onely 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 Par^lt. to a gracious Prince: And next, the Par^lt. had, out of their exceeding tendernesse of dutie to his Ma^tie, testified, in their preceeding sessions, so much complyance with all his hu∣mours, 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 Arti∣cles, the Par^lt. did allow him to supplie it by his nomination. 2dly, when contrarie to the received custom (& yet without con∣tradiction) he caused exclude from being present at the meet∣ings of the Articles, all such members, as were not thereto named, to the effect, as it is probable, that the body of the Par^lt., being lesse prepared, might the more implicitlie go along withall their conclusions▪ and 3dly. vvhen in the 3d. session of this Par^lt., upon an overture made by a member, in the debate about the sump∣tuarie act, that the summer session might be taken avvay, he passio∣natelie 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 un∣tractable to free reasoning, with which he had been so litle ac∣quainted; yet it remains still a matter of just wonder, that, at least, the interest of his Ma^ties 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 Par^lt. had not restrained, nothing else could have retrived the prerogative, from the inconvenience of this hard dilemma, either of being subjected to a necessarie re∣gulation, or of being the occasion of a seeming breach betwixt the King and his people. But the Par^lt., being resolved to decline that point, with their utmost circumspection, 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 Ma^tie 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 Parl^t. found accesse to move them in: onely, seeing that their endeavours had no better successe, than to provoke his Grace to break up this fourth Session, with a two moneths ad∣journment,

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 Laud^s. brother is Ge∣nerall; 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. Laud^s. means, secured and indemnified: It is also remembered, that the better to enable him to this depravation of our silver coin, the Dutch dollars, called the legg dollars, usuallie imported by our merchants, and current amongst us at 58.d. per piece, were cryed down by the D. of Laud^s. procurement, to 56.d. for no better reason known, than that they might be brought in for bul∣lion, to the mint-house, for his brothers benefit: But though, that all demanded in Par^lt. about this matter was, that there might be an examination of the coin appointed, and an account given of the bullion, which hath been long neglected; yet the me∣moriall given in for that effect, was not regarded: It is true that My L. Laud., after the Dec^r. adjournment of the Par^lt., did move his Ma^tie 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 con∣fidence strong enough for such practices. The subject of our complaint is the stock of our current money, and all appointed by his Ma^ties 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 there∣upon 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 Ma^tie within these few days, sends down a second letter to the Councell, signifying his satis∣faction, and willing Hatton and the rest of the Officers to be exo∣nerated: But when this letter is read, it is opposed that the grievance of the Mint had been tabled in Par^lt., where the tryall should also be issued, that his Ma^ties first letter did onely 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 acknow∣ledge, 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 Ma^ties last letter. Now is not this a noble way of redressing grievances, to purge the Au∣thor, and leave the thing untouched? nay to make the greatest aggravation that can be of his failing, viz. the corrupting or fru∣strating 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 Ma^ties coin minted in Scot∣land; 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; S^r. Andrew Ramsey, one of the four latelie brought in by My L. Laud., being questioned in Par^lt. (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 base∣nesse, 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 Par^lt., 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 Ma^tie, 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 Par^lt., & 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 Par^lt: but My L. Commis∣sioner 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 onely) lays hold on the occasion, and (as its like) as well to in∣gratiate with the Lords, as to reach some Lawyers who had dis∣pleased him, the Lords are by him moved to write to the King, complaining of the thing, as contrarie to severall Acts of Par^lt., and of dangerous consequence; to which an answer is as quicklie returned, signifying his Ma^ties displeasure against it, and orde∣ring 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 Par^lt., there did ly no such appeall from the Lords, as could stopp their proceedings, or the execution of their sentences; yet seing the Par^lt. 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 ap∣pellant of the prejudice of a constructive acquiescence, might be law∣fullie made from the Lords to the King and Par^lt. and that this they conceived themselvs bound to assert, lest they should con∣traveen the law, that forbiddeth all men, under the pain of treason, to impugn the supream authoritie of the Par^lt. But albeit both his Ma^ties 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, where∣upon the Advocates do, on the other hand, answer as posi∣tivlie, that the appeal being owned by My L. Amond, and of∣fered by them to be justified, there was no more subject of in∣quisition; that his Ma^ties letter did suppose the thing to be un∣lawfull, and no man was bound, in a matter of that conse∣quence, 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 trans∣mit the Advocates reasons, write up a second letter, acquaint∣ing 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, Par^lt. 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 grie∣vance here mentioned, I leave it to others to Judge, and to time to determin.

The sixth grievance is generall gifts of his Ma^ties casualities such as the generall gift of Wards and Marriages to the Earle of Kincaerden, contrarie to expresse Acts of Par^lt., and to his Ma^ties great prejudice, and the vexation or his subjects: For these casualties, being of an undetermined extent, as uncer∣tain

as the death of Vassals, and ordinarilie attended vvith many circumstances, vvhereof his Ma^ties equitie and goodnesse can onely best arbitrate; the reason both of the lavv, and also of his Ma^ties. 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 conside∣rable; the D. of Laud, and Earle of Kincaerden are, both of them, Commissioners of his Ma^ties Treasurie, and also extraor∣narie Lords of the Session, so that being doublie obliged, by these two great and honourable trusts, equallie to intend his Ma^ties advantage, and the observation or his laws, their delinquencie in this point, cannot but be accounted a high misdemeanor; vvhich to excuse, by saying, that, notvvithstand∣ing the gift, no action hath been thereon founded, but all pro∣ceedings carried on in his Ma^ties name, and by his Officers, after the usuall form; vvhen in the mean time, My L. Kincaerd∣en 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 Ma^ties 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 onely a prorogation, by vertue of all which many thousands of pounds have been very rigorouslie ex∣acted: but seing, there can be hardlie any thing more unrea∣sonable, then to pretend a priviledge in evill from mens forbear∣ance, it is evident that these things, do onely render the griev∣ance exceedinglie more grievous.

These three last grievances, having been moved in Par^lt., immediatlie before its Dec^r. 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 M^r. Paterson Dean or Edenburgh; this man, after the first conflict in Parlt. about a representa∣tion, to be made to his Ma^tie., preaching before the Commis∣sioner, 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 trum∣pet 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 Par^lt., and that so obviouslie, that notwithstanding that Mr. Paterson did swear, that he thereby intended no parti∣cular person, yet, unlesse they had been inspired, it was impos∣sible 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. S^r. Andrevv having, neither

for a just price, nor by the fairest means, got a title to a bare in∣significant rock in the sea, called, the Bass, and to a publick debt, both belonging to the L. of Wachton; My L. Lauder., to gra∣tifie 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 onely nest of Solen∣geese 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 S^r. Andrews part; for it having pleased his Ma^tie, about the same time, to perpetuate to the Town of Edenburgh a gift, which they had enjoyed for some years by temporarie grants, S^r. 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 S^r. Andrew, to be made first a privie Coun∣cellour, 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 ridi∣culous preferments, and taking the advantage of S^r. Andrews manifold maleversation, incites first the murmurings of the Ci∣tizens, and then at Michaelmess 1672, the opposition of some of their Councell, against his continuance in office: Neverthe∣lesse S^r. 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 Ma^ties 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, al∣leadged to have been made, in the place of their residence, where∣of they had not before heard; yet in obedience, albeit there was as good as nothing found, the report was made, which all men

judged would be the close of that affair: But S^r. Andrew being resolved, notwithstanding that the body of the Citie was gene∣rallie 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 Sept^r. last to the Town-Councell of Edenburgh, resuming the storie of the tumult, and thereupon ordaining Mr. Rough∣heed their Clerk to be removed from his office, as being there∣to accessorie, concluding that his Ma^tie would supersede to de∣termin as to others, untill he should be informed of their be∣haviour in the ensuing election: I shall not mention all the litle insolencies, wherewith S^r 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 onely was the Clerk encouraged to raise an action declara∣torie of his right and for repossession, but My L. Laud. preceiv∣ing, 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 Ma^ties good∣nesse, then by the former he had abused his justice, moves his Ma^tie to write a second letter, ordering M^r 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 S^r Andrews high misdemeanors, having de∣servedlie occasioned a complaint to be exhibited against him in Par^lt., 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 Par^lt. knowing as well as his Grace that those exorbi∣tancies, 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 S^r An∣drews guilt and his own accession, as a fitt expedient, both to appease the people, and to decline so concerning an accusa∣tion; upon the Sabbath, wheedles Sr Andrew unto a voluntarie dimission of all his places and employments, and upon the Tuesday thereafter adjourns the Par^lt. and how he hath since endeavoured to represent him, both here & at Court, as if he alone were chargeable with all his offences is aboundantlie known.

I have been the more ample in this narration, because that, with all reverence to his Ma^tie, (whom I know to be infinitlie removed from all communication in My Lo. Laud^s. naughtie practices) and proportions also being observed, and the parallels duelie com∣menced from the Year 1662., I doe indeed take S^r Andrew Ram∣sey with reference to My L. Laud. and the Citie of Edenburgh, to be a very exact modell of Lauderdaill himselfe, in order to his Ma^tie and all Scotland, and therefore the more ingratfull is his confidence that under such a pressing conviction, should not re∣lieve his Ma^tie and the Kingdom, in compleeting the similitude by a spontaneous dimission.

Having thus gone thorough these motions made in Par^lt. about the Mint, Lords of Session, generall gifts, Dean Paterson and Sr An∣drew Ramsey I now proceed to these other grievances, which, all∣beit not allowed to be brought in, were notwithstanding in∣tended by severall members, and, in probabilitie, would have been the principall points in the representation which was over∣tured, to be made to his Ma^tie.

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 him∣selfe, and the L. Hatton his brother, and to the Earles of Athol and Kincaerden, his particular freinds, not onely the most consi∣derable,

but also the farr greater part, of the more important charges of the kingdom, to the visible weakening of the go∣vernment, and to the detriment of his Ma^ties service; thus the D. of Laud. himselfe, is

First, President of his Ma^ties 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 Ma^ties high Commissioner and all that it imports.

The L. Hatton is 1^st. Treasurer depute.

2dly Generall of the Mint.

3dly one of the Lords of Session.

The E. of Athole is 1^st. 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 di∣stinction 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 distri∣bution, 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 S^r. 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 Ma^tie, is deprived of that excellent part of his treasure, which, with no expence, rewards virtue best, and is indeed the onely fond of the most obliging gratifications.

The eighth grievance is the mal-administration and profusion of his Ma^ties 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. Laud^s. mi∣nistrie, I shall onely here sett down, in generall, first what sum∣mes 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 dona∣tives within these few years no lesse then 26900. lb. st. and may be reckoned to have yearlie since the year 1669. that he was ap∣pointed 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. Laud^s. yearlie summs, the pension of 500. lb. st., which he procured, out of our Exchecquer, to his Dutchesse, when she was onely 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 af∣fairs being in effect an omnipotencie, this part of it is not to be doubted, onely it is to be regrated, that in all these excessive givings, so litle respect hath been had to those, who have me∣rited most of his Ma^tie, both by their actings and sufferings. But the thing, that I esteem more worthie to be noticed, is that al∣though since his Ma^ties 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 Ma^ties 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. Laud^s. 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 Se∣cretarie and Court-Minister, the absolute rule and dispose of all our concerns; an interposition ungratefull enough, to a people, so affectionatlie, dutifull to his Ma^tie. 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 Ma^tie, otherwise then he pleased; a practice no lesse disserviceable to his Ma^tie, then disobliging to free fellow-subjects; I might in the 3d.

place add, that, as his Ma^ties 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, onely note, how by his exaltation to be his Ma^ties Commissioner, this noxious exhalation came as it were to be consolidat into that malign mete∣or 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 Par^lt., 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 Par^lt. hath hitherto been kept current: That the office of Commissioner is a thing, altogether extraordinarie, & onely warranted by the parti∣cular 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 Par^lt. used to be terminated in one session; the first that adven∣tured, upon the innovation of adjourning Par^lts. 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 Lauder∣daill 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 hin∣dered

the Par^lts. 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 Par^lt.; 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 onely with God, and his Ma^tie, in the return of their favour.

From which consideration, as much as for the obviating of misinformation, it pleased the D. of Hamiltoun, and Earle of Tweddel, with some other Gentlemen, after the adjournment of the Parlt. in Dec^r last, to go for Court, with the inexpressible good-liking of the whole Countrey, who from their faithfull re∣presentation to his Ma^tie, did confidentlie expect, an entire de∣liverance. 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 S^r William Carnegie a member of Par^lt., in his passage through that Town to London. 2dly. having, by the same hand, got some packets intercepted, he very ungen∣tilly transmitts them to Court, and without respect to the viola∣tion 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 Intel∣ligencer his Ma^ties. approbation, and a reward of 50. lb. st. out of our exchequer. 3dly. by the same means, and in the same place, he endeavours to affront D. Hamiltoun and his 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 Mati^es good nature, as to move him to discountenance a Gentle∣man, sent before by D. Hammiltoun, under a groundlesse pre∣text 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 Ma^tie hath been always most tender.

But notwithstanding all these rubbs, and many other dis∣couragements, 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 Ma^tie 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 Par^lt; hovvever having had the good fortune to hear accidentallie of a letter, and aftervvards to see its double, vvhich, I am cre∣diblie informed, vvas delivered unto his Ma^tie, much about the time that our Lords vvere there, I have thought good, here, to sett dovvn, for publick satisfaction, its just transcript. The ad∣dresse of the letter vvas, To the King, and its date and tenor as fol∣lovveth.

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 Ma^tie, 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 ac∣cumulation 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 Par^lts, the continuing of a Commissioner in the intervalls of Sessions of Par^lt., the mismannagement and profusion of your Ma^ties revenue, & lastly, the excessive greatnesse of a State Minister to the exclusion of all others from free accesse & application to your Ma^tie, 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 Ma^ties 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 Ma^tie, 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 onely 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 satis∣fying redresse.

Your Ma^tie is not unacquainted with the untoward & crosse proceed∣ings of the last Session of Par^lt: 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 Ma^ties service, and your peoples cryes, did instantly demand, can it be ex∣spected, that in the things that remain (so much the more grievous, and unjustifiable, that he and a few of his friends are mostlie therein inter∣ested) he will be more complacent? Nay S^ir, it is evident as the light, that all the repugnancie, that he hath hitherto shewed, with his high pretendings, and stretchings of your Ma^ties prerogative in the in∣stitution of the Lords of the Articles, beyond what the nature and dignitie of Par^lts will bear, hath plainlie been to prevent the pro∣gresse of your Par^lt. to this tryall. The just and necessarie motions for examining his Brothers coine, and the Lords of Session, where∣of the weakest are his friends, did provoke him to an abrupt ad∣journment;

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 Ma^tie: He hath indeed thought good to anticipate the Par^lt. in the matter of the Mint, but in a way so partiall, and elusorie, that whether your Ma^tie, your Par^lt, or your people be thereby most injured, is hard to be determined. So that, upon the whole matter, considering, that things in 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 hu∣mours; It is beyond all question, that the ensueing Sessions, if holden by the same Commissioner, will necessarilie be attended with the for∣mer, if not greater heats and disorders. I can not also forbear to tell your Ma^tie., that hitherto your people are perswaded, that in all their sufferings, your Ma^tie 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 au∣thors, your Ma^tie., who hath allways valued yourselfe so much upon your peoples affections, can onely best judge; seeing therefore that your people have been oppressed, by a malversation not more irri∣tating in its effects, than in the obstinacie wherewith it is defend∣ed, and that they exspect relief from your royall goodnesse, with an assurance not to be disappointed, without a very surprizing con∣fusion, 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 humi∣litie sollicit your Ma^ties transcendent bountie, to consider the fol∣lowing proposalls, which are not more easie in themselves, then they will prove most effectuall, at once, to dissipate all evill appearan∣ces, 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 Par^lt.

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 Ma^ties indemnitie ratified in Par^lt. for all things past.

3 That there be two Secretaries named, and appointed to reside at Court, per vices, for your Ma^ties 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 Ma^ties 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 improve∣ment 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 Par^lt., on tryall, shall find to be insuffi∣cient.

7 That necessarie instructions be given to your Ma^ties Commissioner, for the due redresse of all other grievances, and also for quieting and re∣moving dissatisfactions, in matters ecclesiastick.

8 That there be past in Par^lt. 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 Ma^tie could be but for one day an unseen observer, amongst us, of the present posture of things, and disposition of persons, you could not, without wonder, think, how that any pretending to loyaltie, should have obstructed these, or such like remedies as are here proposed: I might also here offer to your Ma^ties more serious thoughts, a passage recorded 2 Sam. 19.5.6.7. and recommended by the suita∣blenesse 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 threatn∣ing, as is there intimated; and seing I doe as litle know, how to seperat Ioabs militarie and rude passion, from his dutifull and Zealous af∣fection, I trust that God shall by more gentle and sweet influences, in∣cline your Ma^tie 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 ser∣vants: 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 an∣nuitie of tithes, and a setling of the order of Par^lt. according to known rules and presidents; And lastlie that nothing was omitted that might give a satisfieng evidence in every point, yet My L. Laud^s. suggestions and influences doe more prevaill, & D. Hammiltoun is dismissed with fair words: However it being promised that the Par^lt. should sitt at its day and grievances be redressed and also a period putt to My Lo. Laud^s. 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 ex∣spected, by the people and all the members of Par^lt. (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 Oct^r. next, and accordinglie the Par^lt. 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 all∣readie heard, such as, first, his arrogant undervalue of Par^lts., disco∣vered by that expression to his Ma^tie. against the E. of Midletons services, S^ir, if you had sent down a dog with your commission about his neck to your Scotch Par^lt, he would have done all that E. Midleton hath done. 2dly. his insolent treating of some members, in this present Par^lt., as when he commanded one M^r William Moor summarilie to prison, because, I think, he desired that after the order of the English Par^lt. Acts might be, at least, thrice read, before they were voted, or 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 Ear∣les of Rothes, Tweddell and Argyle, S^r 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 ordi∣narilie of peck and bole. 6thly. his prophane complement to the Archbishop of S^t 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 Nonconfor∣mist, 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 re∣marque omnis Apostata suae sectae osor: But it is not to these onely that he confines this humour, he makes it serve also in other oc∣currences, as when it was said about grievances, that they ought not onely to be redressed, but prevented for the future, he an∣swered with much noise, that this was like an overture of the Com∣mission 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 Par^lt, and for its first Act, his Ma^ties Supremacie was enacted, whereby it is de∣clared not onely that his Ma^tie 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 Ma^tie, 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 Par^lt., and it is as well known, that all that the Par^lt. had in view, was the establishing of his Ma^ties power and authoritie, for the better confirmation of a litle in∣dulgence, then latelie granted to some Non-conforming Mini∣sters, 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 irre∣concileable 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 con∣strained, 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 Ma^ties service, was especiallie of Laud^s. 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, onely 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. Laud^s. after-engagements, in arbitrarie & popish projects: Never∣thelesse, 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 soul∣diers should take the oath of Allegiance (vvhich vvith us includes also the Supremacie,) and is, I suppose, a sacramentum militare vvithout a president) and by another Act he obtains, to be im∣posed 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 for∣tunes, in the warr against the Dutch, or any other cause wherein his Ma^ties safetie, honour, or interest may be concerned: So in order there∣unto, they have so setled the Militia, as the forces of the Kingdom, may be in readinesse, when ever his Ma^tie 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 Mi∣litia & 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. Laud^s. hand, in probabilitie, was deepest in it. Neither can the Par^lts. concurrence, in consenting to these Acts, be pleaded for his excuse: For as much as it is certain, that their pure and single intent was, a dutiful expression of their loyaltie, for which they have always judged, that no words capable of a fair signifi∣cation, could ever be too significant. I need not adduce their un∣acquaintednesse 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 Ma^tie, let be in any thoughts of favour∣ing 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 en∣sueing on it, toward England, with their ill contrived alternative, or for any other service wherein his Ma^ties honour, authoritie, or great∣nesse may be concerned, were at first the dictates of Lauderdails vani∣tie, 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. Laud^s. admini∣stration in Church affairs. It is not necessarie to remember how that E. Midleton in his Par^lt. 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 re∣tained

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 re∣lated,) 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 Par^lt. enacted. But that the Countrey might the better relish this favour, and know how to discern his Ma^ties, 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 Par^lt, 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 Ses∣sion (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 Apo∣stolick Creed I beleve the communion of Saints notwithstanding. 2dly. by the same Act, it is declared, that whosoever without li∣cense 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 onely 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 onely indem∣nifed for any slaughter that shall be committed, in the apprehend∣ing, but also assured of 500. merks Scots of reward, for each person by them seised and secured; so mortall a thing is this field-conven∣ticling, the Messe and all its idolatrie hath nothing in it so deadlie. 3dly. by the 6th. Act of that Session, there are considerable pe∣cuniall pains ordained against disorderlie baptismes, such as those

are reckoned to be that are performed by outed Ministers not licens∣ed, or by any other then the parish Minister, without his certificate, or, in case he be absent, the certificate of one of the neighbouring Mini∣sters. 4thly. by the 7th. Act, it is appointed, that all his Ma^ties 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, notwith∣standing their being therefore fullie fyned, they are to be presented to his Ma^ties Councell, who are authorised to require of them a bond not to rise in arms against his Ma^tie, 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 Ma^tie) 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 Ma^tie. 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 Ma^ties 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 banish∣ment by sending him to the Indies, or elsewhere at the Councels plea∣sure; sure I am the Spanish Inquisition hath no broader warrant. And yet notwithstanding all these, My L. Laud: by a new act of the 3. Session of this Par^lt▪ procures the execution of the 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. Laud^s. zeal against Phanaticks, proveing by farr lesse successefull, then that litle specimen of his

Ma^ties. clemencie, whereunto Lauderdaill, had been by others inclined, and it haveing pleased his Ma^tie., in the year 1672. to gratifie his Protestant subjects in England, with his royall good∣nesse, 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 Ma^ties. kindenesse, and fru∣strats its best end; for as much, as in place of that gracious reliefe, which, no doubt, was intended by his Ma^tie., for all his non-con∣forming 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 inconve∣nience (besides some other scrupling conditions that were also imposed) that to seuerall small parishes, having not above à thous∣and 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 onely with the ridiculous equalitie, of as litle cure as litle sallarie. Neither is he content to have thus can∣tonized those that were licensed, but even they that had none of his Ma^ties. favour, must yet be made partakers of his Graces mer∣cie, and therefore, it is further ordered, that all other non-con∣form ministers not licensed, should either conform, in the places of their dvvelling, or else, before a certain day, repair to and resi∣de in the Parishes whereunto ministers licensed are appointed: I shall not say, that his Grace did thus restrain and clogg this Indul∣gence, because that the Councell, upon a letter which he had be∣fore sent them down, from his Ma^tie., 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 ge∣neralitie of that scrupling partie over Scotland, were litle oblig∣ed, by their being, in a manner, excepted from this his Ma^ties. Grace, which often makes men, that before were uncon∣cerned, 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, pro∣vides 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 commenda∣tions, 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 in∣genuous men, that, the non-conformists, for all their scruples, are not onely 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, hun∣ters and their sport would be utterlie spoiled, and a quiet and sa∣tisfied 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, af∣ter so many vexations, have endured so great a losse. But that his Graces well disposednesse, in affairs of this kinde, may be the bet∣ter

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 Drum∣mond of Meggins, brought in question, for this flagitious imper∣tinencie of conventicling; the qualitie of their guilt was, that the first, had, indeed, had privat meetings in his own house, but the second was onely charged, with his wife and daughters transgres∣sion: 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 gra∣tification 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 ap∣pear 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 aggrie∣ment, had prepared no other defence, let the world judge. I might also add another example of his Graces moderation, in caus∣ing 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 mis∣adventure, as to the composeing of matters, whereunto it pre∣tended, hath afforded, both to his Ma^ties Councell, and to the Mi∣nisters licensed, too much unpleasent exercise, in citations, exa∣minations, and reiterat orders, to leave it in the least doubtfull. The thing, more worth our noticeing, is to consider, how fortu∣natlie 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 there∣upon purchased from his Ma^tie to his Par^lt., doth not more hold forth, its true Author, in its unsuitablenesse to his Ma^ties excel∣lent goodnesse, then exhibit to the world the truest character of My L. Laud^s. 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 Par^lt, is to the end

effectuall courses, may be laid down, for cur∣bing 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 King∣dom, 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, vvhich, it is vvell known, vvas both designed and prepared, and should have been the great bu∣sinesse, of his Grace his last comeing dovvn: But certainlie, vvho∣ever compares, the expressions of this letter, vvith all their cir∣cumstances, viz. his Ma^ties benign clemencie to all innocent dis∣senters, the Kingdomes unquestionable quiet, from all their di∣sturbances, 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-confor∣mists, to ease himselfe of a part, at least, of that universall odium, vvhich he findes to be against him; must inevitablie breake forth in admiration, at this unmeasured boldnesse, of abuseing his Ma^ties name and authoritie, to so many extravagancies. These have been his vvayes in the Church, so like, in every step, to his act∣ings 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 Par^lts, and defeat all his enemies, in order to his return to Court, resol∣ves (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 Ma^tie, and therefore, there is a letter produced, from the King to his Councell, bearing, that his Ma^ties 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 decla∣re, his royall pleasure for the discharging of all impositions, due before his restoration, all rests of the taxation granted by the Par^lt 1633., all arrears of the annuitie of tithes, preceeding the year 1660., and all fynes imposed by his Ma^ties first Par^lt, 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 Ma^tie doth grant, a ge∣nerall pardon and discharge, of all arbitrarie and pecuniall pains, in∣curred 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, pu∣blick 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 Ma^ties affection & zeal for our good, should rather have been directed, by My L. Laud^s., scant and partiall suggestions then by the full and faithfull advice of his Par^lt., observed first, that the exception in the dis∣charge, of the rests of impositions, taxations and fynes, was infinit∣lie 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 ir∣recoverable remains. 2dly. that a generall pardon and discharge of arbitrarie and pecuniall pains, is an ordinarie grace, customarie to be granted in most Par^lts., with such a latitude as they think fit to give it. 3dly. that the extension of this pardon, even to Conven∣ticles &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 onely 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. Ham∣miltoun

and others in Councell, viz. that D. Hammiltoun, ha∣ving an undoubted right to the taxation 1633., by a contract be∣twixt his late Ma^tie. and James then Duke of Hammiltoun, and also by a commission from his now Ma^tie, for securitie and repay∣ment 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 Par^lt., and if it had been prosecuted, that way, all mens in∣terests, 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 Ma^tie against M^r Roug∣heed town-Clerk of Edenburgh, and the offence which general∣lie it gave, because of the invasion of propertie and libertie, there∣by threatned; but now, that My L. Laud, should have again, and thus openlie, and avowedlie, relapsed into so pernicious an er∣rour, 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 onely re∣turned for his Ma^ties gracious letter of release, but also for his read∣ines shewed by his Commissioner, to have rectified all our griev∣ances, 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 onely obstruct our prayers and cryes, to his Ma^tie for his compassion and help, but even endeavour to elicit flat∣tering approbations, and applauses for palliating and supporting these grosse malversations; for vvhich 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 Ma^ties remission and pardon?

Certainlie the free consideration of these things, might stirre up, and raise every ingenuous spirit, to the highest measure of in∣dignation, did not his Ma^ties 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 Ma^ties 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 Ma^ties gracious countenance, vvith clouds of jealousies, vvhich no man is vvilling to entertain, or yet able to dissipat: And vvho can think, vvithout a most sensible affliction, that his Ma^ties most excellent under∣standing & 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 Par^lt. 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 Ma^ties 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

Ma^ties esteem, to the universall outcry of tvvo nations, the un∣prejudicat complaint of tvvo Par^lts., 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, vvhich did commence vvith it, pro∣cured to himselfe, so firm a friendship, & so sure a support, that the more that these jealousies, and their dissatisfactions, have en∣creased, the more hath this favour been confirmed, and in∣tended. 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 Ma^ties 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, pre∣tensions, 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.