A Second Collection of 194 That the Cheapnefs of Procefs, and Contention, doth not feldom breed, encourage and heighten, the Humour of Suits and Controverfies, as is daily experimented in ten or twelve thousand Bills of Middlefex, taken forth to arrest Men in every Year in that small County and Jurifdiction, because they are easily and quickly had for Eighteen Pence a Piece. And by the Broom-Men (fince the Extravagancies of the Marfbalfea Court, by their taking Cognizance of all manner of perfonal Actions within the Verge, or twelve Miles of the King's Courts, where neither Plaintiff's or Defendants are of the King's Houfhold) who whilft they are crying Brooms in the Streets and in Clifford's-Inn, can afk at the fame time for the Office of the Marfbalfea, and for a Writ of Eighteen Pence, and go to Law with one another for many times lefs than the Writs coft them. And that fuch a Cheapnefs may be as prejudicial to the People, as that old Law was amongst the Romans; which when Money was more fcarce than it was afterwards, did enact, That whofoever did strike a Man upon the Mouth or Face, fhould pay to the Party beaten twenty and five Alles, which were a certain fmall Coin, about the Value of our English Half-penny. But the Wealth of Rome encreasing, and that Penalty coming to be very little, one Neratius a rich Hector, or debauched Gentleman of thofe Times, finding how cheap it was to beat Men, did frequently, as he went along the Streets, ftrike on the Mouth or Face fuch as he thought fitting, and prefently command his Servant attending him with a Bag of Money, to pay the Money, or Recompence which the Law awarded him; which gave the Senate of Rome the Occafion to repeal that Law, and put the Power in the Prætor, or Lord Chief Justice, to punish fuch Offenders arbitrarily. * And it will not once only, but always, be more for the Good of the People, that the very ancient, rational and legal Ufage now held of paying Fines in Chancery, be continued; which cannot in a more eafy and just way be charged upon the Subjects who receive a Benefit by them. And that for a Supply of the King's now languishing and too small a Revenue. The Courts of the King's-Bench and Marshalfea, and Office of Pleas in the Exchequer, upon their Writs of Quo Minus, which of all the King's Courts fhould most advance, and leaft hinder his Majefty's juft Rights and Revenues, if they will (as they fhould not) ftretch their Jurifdiction further than they ought to do, and hold Pleas, or take a Cognizance where they fhould not, may be crdered, as is ufually done in Chancery upon Writs returnable in the Court of Common Pleas, to pay Fines upon fuch Writs, and that upon every of fuch Writs taken forth, and before they fhall be fealed, the Plaintiff's Attorney do endorse the Sum of Money which he demands Bail for, or intends to declare for, and pay to the King's Receiver to be appointed for that purpose, fuch Fines as fhall be due and payable, according to the Rates now used in Chancery. Bidin lib. 6. Repub. 1196. Which Stirling Which will the more conduce to the Good of the People, than their not paying of Fines upon fome few original Writs, when as thofe troublesome and vexatious Writs of Latitat, Quo Minus, and Bills of Middlefex, fhall be thereby fomewhat kept within their legal Bounds and Limits, and not be made ufe of upon meer Fictions and Pretences, to promote the malicious Ends and Defigns of ill-difpofed People, and the Procefs of thofe Courts abufed, and made the Inftruments of Men's oppreffing one another. Not to be fuffered by those whofe Oaths are not to permit any Thing to be done in Difherifon of the Crown. Nor to be practifed by the People, whofe Oaths of Allegiance and Supremacy hould diffuade them from diminishing or taking away any of the King's Regalities or Jurifdiction, when as their Fore-fathers, and the Days of old may tell them and their Pofterities, and After-generations will find it, that their Welfare and Happiness is included in the King's; that the leffening of his legal Revenues will but leffen and inconvenience their own; that his Good is more to be taken Care of than any Man's Particular, by how much every Man's Particular is comprehended in the Univerfal; and that the King cannot well protect and defend them and their particular Eftates, if his own fhali be daily diminished, purloined, or kept from him. The IMPEACHMENT of the Duke and Dutchefs of LAUDERDALE, with their Brother my Lord HATton. Prefented to his MAJESTY by the City of Edinburgh. The Matters of Fact particularly relating to the Town of Edinburgh, *** humbly offered for your Majefty's Information. Before the Matter of Fact be spoke to, it is neceffary that your Majefty be informed of one Thing upon which this whole Affair bath moved. T HE City of Edinburgh had at feveral Times given confiderable Sums of Money to the Duke of Lauderdale, amounting to upward of Twelve Thoufand Pounds Sterling, and the Lord Hatton, Brother to the faid Duke, being inraged by that their former Practice, and being arrived to great Height and Influence in the Administration of your Majefty's Affairs in Scotland, did thereupon refolve on a Defign of getting Money for himself alfo from them, as will appear to your Majefty by the following Narration; but the Magiftrates at that Time, and others as had then the principal Influence in the Administration of Affairs in that Town, being honeft Men of good Fortunes, and not to be brought to comply with his Defign, be bethought himself of all ways to vex them; and knowing they did much value the Profperity of the Town, he thought that the first Means for promoting that his Defign, was to have them threatned with removing your Majefty's Publick Judicatures from that City to Stirling, and perfuaded his Brother the Duke of Lauderdale to move your Ma Jefly to that purpofe; but being difappointed of that Project by your Majefty's Royal Wifdom, your Majefty looking upon it as if it were to declare to the World that you were jealous of fo great a Part of that your ancient Kingdom, he bethought himfelf of new ways to accomplish his Defign, for which he judged nothing fo proper and effectual, as to disturb them in the Choice of their Magiftrates and Town Council; and by all means poffible to get fome of his own chufing, fit for his own Ends, brought into the Adminiftration of the Affairs of that City. In order to which, being impatient of any longer Delay, he laid hold of what follows, being the first Occafion that offered, though a very frivoJous one. At Michaelmas 1674, the faid City of Edinburgh being to go about the Election oftheir Magiftrates for the enfuing Year, there was procured a Letter from your Majefty to your Privy Council, commanding them to fore the Magiftrates and Town Council to proceed in their Elections, but to continue the Magiftrates that then were, till your Majefty's further Pleature fhond: known; the Reafon fuggefted to your Majefty for it, was taken from this Girbamate, that the Election ought to be made upon the Tuesday after Mills, and (it happening this Year that Michaelmas fell to be on a Tuesday) they work refolved to proceed to their Elections upon Michaelmas Day. Though this was a very fmall Matter, and upon very good and prudent Confiderations, refolved, as will afterward appear, yet was it reprefented to your Majefty as a factious Defign, and an Innovation of dangerous Confquence, tending to create and maintain Faction in that City, contrary to your Majefty's Service. Your Majesty's aforefaid Letter being intimated to the Magiftrates and Town Council, they did immediately give an exact Obedience to the fame. They did alfo reprefent to your Majefty's Privy Council, the Rights that they had for chufing their own Magiftrates, which had been granted to them by many 'of your Majesty's Royal Ancettors, and confirmed by many Parliaments; by Virtue of which they humbly conceived they ought to be fuffered to proceed in their -Elections.. They did alfo reprefent to your Majefty's Privy Council, the Reafons which had moved them to refolve of making their Elections on the faid Tuesday, being Michaelmas Day, which in fhort were, that by their Conftitution they were obliged upon the Friday before Michaelmas to make the Lift out of which the Magiftrates are to be chofen; after the doing of which there is a Surceafe and Vacation of all ordinary Courts of Judicature within the Town, and the whole Time is spent by the common People and Tradefmen of the Town, in Rioting. and Drinking, until the Elections be finifhed, which in this Cafe would have been twelve Days; which they did in Prudence think they ought to fhorten, not conceiving it contrary in the leaft to the eftablifhed Rules of their Election. 2. On thefe Things they did humbly crave your Majefty's Privy Council would be pleafed to reprefent to your Majefty, that thereby they might be freed from the Sufpicion of any factious Defign, with which they were charged by the faid Letter. This being, through the Influence of the Lord Hatton, refufed by the Frivy Council, they difpatched a Gentleman to the Duke of Lauderdale, with Letters and Inftructions full of Refpe&t and Submiffion to his Grace. The The Gentleman, at his first Arrival, found Duke Lauderdale very kind, and was made believe he fhould be quickly dispatched with Anfwers according to his Defire; but fome Delays having fallen in, the Duke of Lauderdale fell likewife upon Thoughts of getting Money from the Town upon this Occafion, and therefore pretending still more and more Kindness to the faid Gentleman, he did first by foine Infinuations let fall to him his Expectation, and at laft flatly afked him if he had not brought a heavy Purfe with him; which when he understood he was not to expect, he changed his Method and grew harfher; and having detained him five or fix Weeks, he the faid Duke entered into Confultation with his old Friend Sir Andrew Ramfey, how to order the Affair. By his Advice he did write a Letter, and fent Proposals to the faid Town, that they fhould give Bond and Security, that the Townsmen fhould live regularly as to all Matters Ecclefiaftical in the largest Extent, as the fame is determined by the late Acts of Parliament; and to keep the Town free of all Sorts of Tumults, either of Man or Woman; judging that this was impoffible for them to per form, and unfavourable to attempt, and that therefore it would oblige then to make offers of Money. This Letter was all the Gentleman could obtain, and having gone back to Scotland, and delivered it to the Magiftrates, they were fo far from being carried in the Defign, that they were glad of that Opportunity to witness their Zeal to ferve your Majefty; for they did very heartily comply with what was propofed concerning the Bonds and Securities demanded; and immediately urged that your Majelty's Officers and Lawyers would caufe to be drawn fuch Bonds and Securities as were fit for the Purpofe; offering good Security for great Sums of Money for the Performance. But this not being the thing truly intended, their ready Compliance with it fet them yet farther off from their defired Settlement, and ferved for no other Intent than to cause the Lord Hatton to double his Diligence to find out new means to moleft them; to which End it was alledged by him, that they had of old forfeited their Privileges and Liberties by fome great Mifdemeanour, and that therefore they had not Right to chuse their own Magiftrates, for which he would needs have their Records fearched; and accordingly they themselves, with their Books and Records, were in a most unufual manner brought often before him and his Friends, though they had not Authority for it, to the great Disturbance and Annoyance of the Citizens, who by being abundantly jealous of their Liberties, were with no fmall Care kept within the due Bounds of Moderation, by the Loyalty and Vigilancy of their Magiftrates, 4 They the faid Magiftrates, finding how they were ufed at Home by the Lord Hatton, did again apply themselves to the Duke of Lauderdale, both by private Letters to the Duke of Lauderdale and his Dutchefs, from fome of the molt eminent of them, full of Affurances of particular Refpect to their Graces, and by a public Letter to him from the whole Town Council, offering Bond and Security to him in the Terms propofed by his forementioned Letter. But this could not prevail; it being objected to them, from fome frivolous Things the Lord Hatton had fcraped together out of their old Records, that they had loft their Liberties, and that the Right of chufing their Magiftrates did no more belong to them. Deva, con agus an degreat. It evoluit.. ba Then Then did they produce their Charters, and did convincingly clear all Mistakes, and evidently make appear that the Right of chufing their own Magistrates did remain to them undoubtedly and intirely... ུར།ཟབ། All thefe Things being cleared and open, they expected to be restored to the free Exercife of their Election in their accustomed Manner. They were ftill kept off with Delays, until the Lord Hatton, in Pursuance of his Design, fell a practifing with fome few of themfelves, who did undertake with his Affiftance, to get fuch elected as were fit for his Eods; whereupon he writes to his Brother the Duke of Lauderdale, to move your Majefty for a Letter, and accordingly the Letter was procured from your Majefty the 7th of August 1675 wherein your Majefty, after reciting your former Orders in that Affair, did declare, that you were well informed of their Obedience to your Commands, and of their dutiful Carriage in your Concerns; and therefore ordained them, the next Day after the Receipt of the Letter, to convene their whole Council, after their accuf tomed minner, and out of the Lifts already made, to elect the Lord Provoft, Bailiffs, and other Officers. According to which Letter, they did the next Day proceed to their Elections, but instead of thofe whom the Lord Hatton expected they would have chofen, they did elect fome Men of good Fortunes and Integrity, not at all fit for his Purpofe (thofe who had engaged to him not being Men of that Efteem or Influence as to be able to carry his Design as they had undertaken.) The new Magiftrates and Council did immediately after their Election, acquaint your Majefty with their Procedure, and gave your Majefty great Acknowledgements and Affurances of their Care of the Peace of the Town, and of your Majesty's Service in all Matters, both Ecclefiaftical and Civil. The faid Lord Hatton, being exceedingly enraged at this Act of theirs, did by Advice of Sir George Mackynge, now your Majefty's Advocate, fend a Letter to the Duke of Lauderdale, to which he procured your Majefty's Hand. upon the 25th of the fame Month of August, by which your Majesty ordered your Privy Council to intimate to the Magiftrates and Town Council, that it was your Royal Pleasure, that there should be turned out of the Town Council, and declared incapable of any Public Trust in the faid Town, twelve of the moft eminent of the fame Men with whom your Majefty had expreffed yourself fo well pleafed, and whofe Actings your Majefty had approved, by your Letter of the 7th of the faid Month. This was accordingly executed by the Privy Council, without ever so much as calling before them the faid Perfons, though great Crimes were laid to their Charge, as being factious Perfons, and mifreprefenting your Majefty's Proceedings, without mentioning any particular Fact of theirs which could import any fuch Crime. And though they be threatened by the faid Letter to be purfued for these great Crimes, and that your Majefty's Advocate is commanded in the fame to infift against them, yet could they never obtain from your Majefty's Privy Council that they fhould be tryed for thefe Things, though by a Petition, figned by the whole Twelve, they did reprefent the great Prejudice they fuftained both in their Reputation and Trade, by being kept under fuch Threatnings; and therefore did humbly offer themselves to the strictest and fevereft Tryal. To which Petition they never received any Answer. |