Selected quad for the lemma: lord_n
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A60821
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Some particular matter of fact relating to the administration of affairs in Scotland under the Duke of Lauderdale humbly offered to His Majesties consideration, in obedience to His Royal commands.
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1680
(1680)
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Wing S4549; ESTC R17787
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6,108
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5
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when they were removed The Provost of Glascow Aberdeen and Gadburgh were put under the same Sentence for signing a Letter to your Majesty in the Convention of the Burroughs with the rest of that Body which Letter was advised by him who is now your Majesties 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 a high Fine and a long Imprisonment as your Majesty will more fully perceive by another Paper Sir Patrick Home 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 uncapable of Publick Trust besides many months Imprisonment The Provost of Linlithgoe 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 50 of the Town of St. Johnstons incapacitated upon a very slight pretence so that it is now impossible for them to find a sufficient number of Citizens for the Magistracy of that Town 2. Your Subjects are sometimes upon slight and oftentimes upon no grounds Imprisoned and sometimes 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 the persons declared uncapable of Publick Trust did also suffer Imprisonment And besides these instances Lieutenant General Drumond whose eminent Loyalty and great Services are well known to your Majesty was required to enter himself Prisoner in the Castle of Dunbarton where he was kept one year and a half and was made a close Prisoner for nine months of that time and yet nothing was ever objected to him to this day to justifie that usage The Lord Cardrosse was for his Ladies keeping two Conventicles in her own House at which he was not present Fined 11000 l. and hath now been kept four years Prisoner in the Castle of Edenburgh where he still remains although he hath often petitioned for his Liberty And Sir Patrick Home hath been now a second time almost one year imprisoned and nothing is yet laid to his Charge Besides these illegal Imprisonments the Officers of your Majesties Forces carry frequently Warrants with them for apprehending persons that are under no legal Censures nor have been so much as Cited to appear which hath put many of your Subjects into very great fears especially upon what was done in Council three years ago Captain Carstaires a man now well enough known to your Majesty did entrap one Kirkton an Outed Minister into his Chamber at Edenburgh and did violently abuse him and designed to have extorted some money from him The noise of this coming to the ears of one Bayly Brother-in-law to the said Kirkton he came to the House and hearing him cry Murder Murder forced open his Chamber-door where he found his Brother-in-Law and the Captain grappling The Captain pretended he had a Warrant against Kirkton and Bayly 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 obligeth all men to do especially when joyned 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 Dumfrize and Rincardin 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 denyed and thereupon those Lords delivered their Opinion That since Carstaires did not shew any Warrant nor was Clothed with any Publick Character it was no opposition of your Majesties Authority in Bayly so to rescue the said Kirkton yet Bayly was for this Fined in 6000 marks and kept long a Prisoner Those Lords were upon that so represented to your Majesty that by the Duke of Lauderdale's procurement they were turned out of the Council and all Command of the Militia And it can be made appear that the Captain had at that time no Warrant at all against that Kirkton but procured it after the Violence committed and it was antedated on design to serve a turn at that time This manner of proceedings hath ever since put your Subjects under sad apprehensions There is one particular further offered to your Majesties consideration concerning their way of using Prisoners There were 14 men taken at a Field-Conventicle who without being legally convict of that or any other Crime were secretly and in the night taken out of Prison upon a Warrant signed by the Earl of Linlithgoe and the Lords Hatton and Collington and were delivered to Captain Maitland who had been Page to the Duke of Lauderdale but was then a French Officer and was making his Leavies in Scotland and were carried over to the Service of the French King in the year 1676. 3. The Councâ—l hath upon many occasions proceeded to most unreasonable and arbitrary Fines either for slight Offences or for Offences where the Fine is regulated by Law which they have never considered when the persons were not acceptable to them so the Lord Cardross was fined in 11000 l. for his Ladies keeping two Conventicles in his House and Christning a Child by an Outed Minister without his knowledge The Provost formerly mentioned and Baily and many more were also fined without any regard to Law 4. The Council hath at several times proceeded to the taking of Gentlemens dwelling-Houses from them and putting Garrisons in them which in time of Peace is contrary to Law In the year 1675 it was designed against twelve of your Majesties Subjects and was in execution in the Houses of the Earl of Callender the Lord Cardross the Lady Lumsden c. and was again attempted in the year 1678. the Houses belonging to the Lairds of Chesnocke Blaghan and Rawallane were possessed by Souldiers and declared Garrisons Nor did it rest there but Orders were sent from the Council requiring the Countreys about these Houses to furnish them for the Souldiers Uses and to supply them with Necessaries much contrary to Law It was against this that Sir Patrick Home came to desire a Remedy and common Justice being denied him he used a legal Protestation in the ordinary form of Law and was thereupon kept many months a Prisoner and declared uncapable of all publick Trust 5. There is another Particular which because it is so odious is unwillingly touched yet it is necessary to inform your Majesty about it for thereby it will appear that the
Duke of Lauderdale and his Brother have in a most solemn manner broken the publick Faith that was given in your Majesties Name One Mitchell being put in Prison upon great suspition of his having attempted to murder the late Archbishop of St. Andrews and there being no Evidence against him Warrant was given by the Duke of Lauderdale then your Majesties Commissioner and Counsellor to promise him his Life if he would confess Whereupon he did confess and yet some years after that Person who indeed deserved many deaths if there had been any other Evidence against him was upon that Confession convicted of the Crime and the Duke of Lauderdale and his Brother being put to it by him did swear that they neither gave nor knew of any assurance of Life given him And when it was objected that the promise was upon Record in the Council-Books the Duke of Lauderdale did in open Court where he was only present as a Witness and so ought to have been silent threaten them if they should proceed to the Examination of the Act of Council which as he then said might infer Perjury on them that had sworn and so did cut off the proof of that defence which had been admitted by the Court as good in Law and sufficient to save the Prisoner if proved Thus was that man hanged upon that Confession only though the promise that drew it from him doth appear upon Record and can be proved by good and clear Evidence And from this your Majesty may judge what credit may be given to such men We do not at present enlarge upon other Particulars though of great importance such as Monopolies selling Places and Honours turning men of known Integrity out of their Imployments to which they had a good and just Right during their Lives the Profits of one of the most considerable of these being sequestred for some time and imployed for the Dutchess of Lauderdales use the treating about and the receiving of great Bribes by the Duke and Dutchess of Lauderdale and the Lord Hatton and particularly from the Towns of Edenburgh Aberdeen Linlithgoe and many others for procuring from your Majesty Warrants for illegal Impositions within these Towns to the manifest and publick perverting of Justice in Sessions besides the most signal abuses of the Mint and Copper-Coin that are most grievous to all your Subjects But the number of these is so great and they will require so many Witnesses to be brought hither for proving them that we fear it would too much trouble your Majesty now to examine them all but your Majesty shall have a full Account of them afterwards One thing is humbly offered to your Majesty as the Root of these and many other Oppressions which is that the method of governing that Kingdom for several years hath been That the Lord Hatton and his Adherents frame any Letter that they desire from your Majesty to your Council and sends it to the Duke of Lauderdale who returns it signed and this is brought to the Council upon which if a debate at any time ariseth concerning the matter of the Letter as being against or without Law and when it is proposed if a Representation of that should be made to your Majesty then the Lord Hatton in his insolent way calls to have it put to the Question as if it were a Crime to have any Warrant either debated or represented to your Majesty which is procured by the Duke of Lauderdale or himself and this is ecchoed by his Party and by this means any further debating is stopped There are some other Particulars relating to these Heads that are to be offered to your Majesty in other Papers which are not added here lest your Majesty should now be troubled with too long a Paper