war, can long continue a suitable supply of money to carry on the same, under the pernicious effects of extravagancy?

2. Whether money raised in parliament with care, collected with trouble, and paid with tears, requires not the most serious thoughts and endeavours of all its disposers, for converting the same, in all circumstances, to the most useful and advantageous purposes?

3. Whether the king exposing his royal person, in so many dangers abroad, for promoting the happiness and well-being of the nation, doth not expect the due assistance of all other his officers and subjects, indispensably to use their utmost endeavours for the full accomplishing his royal purposes?

4. Whether the saving those immense sums of money, as aforesaid, will not settle the minds of their majesties good subjects, and stop the mouths of the most disloyal and restless spirits, who raise animosities amongst us, and instil wicked notions into the minds of their majesties subjects, representing the government as under an unsettled condition, and groaning under oppression, by reason of great taxes, and a lingring and expensive war, and a want of trade, and raising their expectations of a speedy change, who finding their hopes defeated, by an unanimous resolution of rooting out the evils occasioning the same, can have no future pretence to such calumniating reflexions on the government for bringing to pass their evil purposes?

5. Whether the buying and selling of publick places be not an undoubted inlet to bring their majesties enemies into such stations, being of dangerous consequence to the government?

6. Whether it will not be for their majesties, and the nation's interest, to advance persons to places of trust according to their merits, and not permit those to be discountenanced, and to labour under difficulties, who expose frauds and extravagancies, and propose proper remedies for the cure of those evils? And whether the brow beating and discouraging those, who endeavour to make such discoveries, is not an effectual means to prevent all others from appearing in such like cases? Much more might be added, which, for brevity-sake, is omitted. I shall humbly conclude with the following admonition of king Henry the Fourth, who, upon his death bed, spoke to his son as followeth: So long as Englishmen have wealth, so long shalt thou have obedience from them; but, when they are poor, they are then ready for commotions and rebellions.' From which, and all other evils, good Lord deliver us, both now and for evermore.

SOME PARTICULAR MATTERS OF FACT

RELATING TO THE

ADMINISTRATION OF AFFAIRS IN SCOTLAND,

UNDER THE DUKE OF LAUDERDALE.

Folio, containing one sheet.

Humbly offered to your Majesty's Consideration, in Obedience to your Royal Commands.

1. THE

HE duke of Lauderdale did grosly misrepresent to your majesty the condition of the western countries, as if they had been in a state of rebellion, though there had never been any opposition made to your majesty's authority, nor any resistance offered to your forces, nor to the execution of the laws. But he, purposing to abuse your majesty, that so he might carry on his sinister designs by your authority, advised your majesty to raise an army against your peaceable subjects; at least, did frame a letter, which he sent to your majesty to be signed by your royal hand, to that effect; which being sent down to your council, orders were thereupon given out for raising an army of eight or nine-thousand men, the greatest part whereof were Highlanders; and, notwithstanding that, to avert this threatening, the nobility and gentry of that country did send to Edinburgh, and, for the security of the peace, did offer to engage, that whatsoever should be sent to put the laws in execution, should meet with no affront, and that they would become hostages for their safety: yet this army was marched and led into a peaceable country, and did take free quarters, according to their commissions; and, in most places, levied great sums of money, under the notion of dry quarters, and did plunder and rob your subjects; of which no redress could be obtained, though complaints were frequently made; all which were expresly contrary to the laws of the kingdom.

II. In their quarters, it was apparent, that regard was only had to the duke's private animosities; for the greatest part of those places, that were most quartered on and destroyed, had not been guilty of any of the field-conventicles complained of; and many of the places, that were most guilty, were spared upon private considerations.

III. The subjects, at that time, were required to subscribe an exorbitant and illegal bond, which was impossible to be performed

by them that they, their wives and children, and servants, should live orderly according to law, not go to conventicles, nor entertain vagrant preachers, with several other particulars; by which bond, those that signed it were made liable for every man's fault, that lived upon their ground.

IV. Your majesty's subjects were charged with laborrows, denounced rebels, and captions were issued out for seizing their persons, upon their refusing to sign the aforesaid bond; and the nobility and gentry there, who have ever been faithful to your majesty, and had appeared in arms for suppressing the last rebellion, were disarmed upon oath. A proclamation was also issued, forbidding them, upon a great penalty, to keep any horses above four pounds ten groats price.

V. The nobility and gentry of the shire of Aire were also indicted, at the instance of your majesty's advocate, of very high crimes and misdemeanors, whereof some did import treason. These indictments were delivered them in the evening, to be answered by them the next morning upon oath; and, when they did demand two or three days to consider of their indictments, and craved the benefit of lawyers, to advise with in matters of so high concernment, and also excepted to their being put to swear against themselves, in matters that were capital (which was contrary to all law and justice) those their desires were rejected, though the like had never been done to the greatest malefactor in the kingdom: and it was told them, they must either swear instantly, or they would repute them guilty, and proceed accordingly.

VI. The noblemen and gentlemen, knowing themselves innocent of all that had been surmised against them, did purge themselves, by oath, of all the particulars that were objected to them, and were thereupon acquitted: and, though the committee of the council used the severest manner of inquiry to discover any seditions, or treasonable designs, which were pretended as the grounds of leading in that army into those countries, yet nothing could ever be proved so false was that suggestion concerning a rebellion then designed, that was offered to your majesty, and prevailed with you for sending the aforementioned letter.

VII. The oppressions and quarterings still continued. The noblemen and gentry of those countries went to Edinburgh to represent to your council the heavy pressure, that they and their people lay under, and were ready to offer to them all, that in law or rea-. son could be required of them, for securing the peace. The council did immediately, upon their appearing there, set forth a proclamation, requiring them to depart the town within three days, upon all highest pains; and, when the duke of Hamilton did petition for leave to stay two or three days longer, for some very urgent affairs, that was refused him.

VIII. When some persons of quality had declared to the duke of Lauderdale, that they would represent their condition to your majesty, if they could not have justice from your ministers, for preventing that, a proclamation was set forth, forbidding all the

subjects to depart the kingdom without licence, that so your majesty might not be acquainted with the said condition of your subjects, from making their applications to your majesty, no less contrary to your majesty's true interest (who must always be the refuge of your people) than to the natural right of the subject.

The former particulars relate to the invasion of the rights of great numbers of your subjects all at once: what follow have indeed only fallen on some single persons, yet are such, that your whole people apprehend, they may be all, upon the slightest occasions, brought under the like mischiefs.

1. The council hath, upon many occasions, proceeded to a new kind of punishment, of declaring men incapable of all publick trust; concerning which, your Majesty may remember what complaints the said duke made, when, during the earl of Middleton's administration, he himself was put under, and incapacitated by an act of parliament. The words of his paper against the earl of Middleton are [incapacitating] which was to whip with scorpions, a punishment to rob men of their honour, and to lay a lasting stain upon them and their posterity. And, if this was complained of, when done by the highest court of parliament, your Majesty may easily conclude, it cannot be done in any lower court; but yet, notwithstanding, it is become of late years an ordinary sentence in council, when the least complaints are brought against any, with whom the duke of Lauderdale and his brother are offended.

Instances of this are:

The declaring thirteen worthy citizens of Edinburgh incapable of publick trust, against whom no complaint was ever made to this day, as your Majesty will perceive by a paper more fully concerning that affair. The true cause of it was, that, those men being in the magistracy, the duke and his brother could not get a vast bribe from them out of the town's money, which was afterwards obtained, when they were removed.

The provosts of Glasgow, Aberdeen, and Jedburgh were put under the same sentence for signing a letter to your Majesty, in the convention of the boroughs with the rest of that body; which letter was advised by him who is now your Majesty's advocate, as that which had nothing in it, which could bring them under any guilt; and yet those three were singled out of the whole number, and incapacitated, besides an high fine and a long imprisonment, as to your Majesty will more fully appear by another paper.

Sir Patrick Holme of Polworth, being sent by the shire of Berwick to complain of some illegal proceedings, and to obtain a legal remedy to them, which he did only in the common form of law, was also declared incapable of publick trust, besides many months imprisonment.

The provost of Linlythgo, being complained of for not furnishing some of your forces with baggage horses, was called before the Council; and, because he said they were not bound in law to furnish

horses in such manner, he was immediately declared incapable of publick trust, and was both fined and imprisoned.

There are also fifty of the town of St. Johnston's incapacitated upon a very slight pretence, so that it is very impossible for them to find a sufficient number of citizens for the magistracy of that

town.

2. Your subjects are sometimes upon slight, and sometimes upon no grounds imprisoned, and often kept prisoners many months and years, nothing being objected to them, and are required to enter themselves prisoners; which is contrary to law. It was in the former article expressed, that many of these person, declared incapable of publick trust, did also suffer imprisonment; and, besides these instances, lieutenant general Drummond, whose eminent loyalty and great services are well known to your Majesty, was required to enter himself a prisoner in the castle of Dumbarton; where he was kept one year and a half, and was made a close prisoner for nine months, and yet nothing was ever objected to him, to this day, to justify that usage.

The lord Cardross was, for his lady's keeping two conventicles in her own house, at which he was not present, fined one hundred and ten pounds, and hath now been kept prisoner four years in the castle of Edinburgh, where he still remains, although he hath often petitioned for his liberty; and sir Patrick Holme hath been now a second time almost one year, and nothing is yet laid to his charge.

Besides these illegal imprisonments, the officers of your Majesty's forces carry frequently warrants with them, for apprehending persons that are under no legal censure, nor have been so much as cited to appear; which hath put many of your subjects under great fears, especially, upon what was done in council three years ago: capt. Carstayres, a man now well enough known to your Majesty, did entrap one Kirkton, an outed minister, into his chamber at Edinburgh, and did violently abuse him; and designed to have extorted some money from him. The noise of this coming to the ears of one Baily, brother-in-law to the said Kirkton, he came to the house, and hearing him cry murder, murder! forced open the chamber door, where he found his brother-in-law and the captain grappling; the captain pretended to have a warrant against Kirkton, and Baily desired him to shew it, and promised, that all obedience should be given to it: but, the captain refusing to do it, Kirkton was rescued. This was only delivering a man from the hands of a robber, which nature obliged all men to do; especially, when joined with so near a relation. The captain complained of this to the council, and the lord Hatton, with others, were appointed to examine the witnesses: and, when it was brought before the council, the duke of Hamilton, earls of Moreton, Dumfries, and Kincarden; the lord Cocheren; and Sir Archibald Primrose, then lord register, desired, that the report of the examination might be read; but that, not serving their ends, was denied. And, thereupon, those lords delivered their opinion, that, since Carstayres did not shew any warrant, nor was clothed with any publick character, it was no opposing of your