This was certain, for, on February 5, on the news of the deed done at
Whitehall, the Estates proclaimed Charles II. as Scottish King—if he
took the Covenant. By an ingenious intrigue Argyll allowed Lauderdale
and Lanark, whom the Estates had intended to arrest, to escape to
Holland, where Charles was residing, and their business was to bring
that uncovenanted prince to sign the Covenant, and to overcome the
influence of Montrose, who, with Clarendon, of course resisted such a
trebly dishonourable act of perjured hypocrisy. During the whole
struggle, since Montrose took the king's side, he had been thwarted by
the Hamiltons. They invariably wavered: now they were for a futile
policy of dishonour, in which they involved their young king, Argyll,
and Scotland. Montrose stood for honour and no Covenant; Argyll, the
Hamiltons, Lauderdale, and the majority of the preachers stood for the
Covenant with dishonour and perjury; the left wing of the preachers
stood for the Covenant, but not for its dishonourable and foresworn
acceptance by Charles.
As a Covenanter, Charles II. would be the official foe of the English
Independents and army; Scotland would need every sword in the kingdom,
and the kingdom's best general, Montrose, yet the Act of Classes, under
the dictation of the preachers, rejected every man tainted with
participation in or approval of the Engagement—or of neglecting family
prayers!
Charles, in fact, began (February 22) by appointing Montrose his
Lieutenant-Governor and Captain-General in Scotland, though Lauderdale
and Lanark “abate not an ace of their damned Covenant in all their
discourses,” wrote Hyde. The dispute between Montrose, on the side of
honour, and that of Lanark, Lauderdale, and other Scottish envoys,
ended as—given the character of Charles II. and his destitution—it
must end. Charles (January 22, 1650) despatched Montrose to fight for
him in Scotland, and sent him the Garter. Montrose knew his doom: he
replied, “With the more alacrity shall I abandon still my life to
search my death for the interests of your Majesty's honour and
service.” He searched his death, and soon he found it.
On May 1, Charles, by the Treaty of Breda, vowed to sign the
Covenant; a week earlier Montrose, not joined by the Mackenzies, had
been defeated by Strachan at Carbisdale, on the south of the Kyle,
opposite Invershin, in Sutherlandshire. He was presently captured, and
crowned a glorious life of honour by a more glorious death on the
gibbet (May 21). He had kept his promise; he had searched his death;
he had loyally defended, like Jeanne d'Arc, a disloyal king; he had
“carried fidelity and honour with him to the grave.” His body was
mutilated, his limbs were exposed,—they now lie in St Giles' Church,
Edinburgh, where is his beautiful monument.
Montrose's last words to Charles (March 26, from Kirkwall) implored
that Prince “to be just to himself,”—not to perjure himself by signing
the Covenant. The voice of honour is not always that of worldly
wisdom, but events proved that Charles and Scotland could have lost
nothing and must have gained much had the king listened to Montrose.
He submitted, we saw, to commissioners sent to him from Scotland. Says
one of these gentlemen, “He . . . sinfully complied with what
we most sinfully pressed upon him, . . . our sin was more
than his.”
While his subjects in Scotland were executing his loyal servants
taken prisoners in Montrose's last defeat, Charles crossed the sea,
signing the Covenants on board ship, and landed at the mouth of Spey.
What he gained by his dishonour was the guilt of perjury; and the
consequent distrust of the wilder but more honest Covenanters, who knew
that he had perjured himself, and deemed his reception a cause of
divine wrath and disastrous judgments. Next he was separated from most
of his false friends, who had urged him to his guilt, and from all
Royalists; and he was not allowed to be with his army, which the
preachers kept “purging” of all who did not come up to their standard
of sanctity.
Their hopeful scheme was to propitiate the Deity and avert wrath by
purging out officers of experience, while filling up their places with
godly but incompetent novices in war, “ministers' sons, clerks, and
such other sanctified creatures.” This final and fatal absurdity was
the result of playing at being the Israel described in the early
historic books of the Old Testament, a policy initiated by Knox in
spite of the humorous protests of Lethington.
For the surer purging of that Achan, Charles, and to conciliate the
party who deemed him the greatest cause of wrath of all, the king had
to sign a false and disgraceful declaration that he was “afflicted in
spirit before God because of the impieties of his father and mother”!
He was helpless in the hands of Argyll, David Leslie, and the rest: he
knew they would desert him if he did not sign, and he yielded (August
16). Meanwhile Cromwell, with Lambert, Monk, 16,000 foot and horse,
and a victualling fleet, had reached Musselburgh, near Edinburgh, by
July 28.
David Leslie very artfully evaded every attempt to force a fight, but
hung about him in all his movements. Cromwell was obliged to retreat
for lack of supplies in a devastated country, and on September 1
reached Dunbar by the coast road. Leslie, marching parallel along the
hill-ridges, occupied Doonhill and secured a long, deep, and steep
ravine, “the Peaths,” near Cockburnspath, barring Cromwell's line of
march. On September 2 the controlling clerical Committee was still
busily purging and depleting the Scottish army. The night of September
2-3 was very wet, the officers deserted their regiments to take
shelter. Says Leslie himself, “We might as easily have beaten them as
we did James Graham at Philiphaugh, if the officers had stayed by their
own troops and regiments.” Several witnesses, and Cromwell himself,
asserted that, owing to the insistence of the preachers, Leslie moved
his men to the lower slopes on the afternoon of September 2. “The Lord
hath delivered them into our hands,” Cromwell is reported to have
said. They now occupied a position where the banks of the lower
Broxburn were flat and assailable, not steep and forming a strong
natural moat, as on the higher level. All night Cromwell rode along
and among his regiments of horse, biting his lip till the blood ran
down his chin. Leslie thought to surprise Cromwell; Cromwell surprised
Leslie, crossed the Broxburn on the low level, before dawn, and drove
into the Scots who were all unready, the matches of their muskets being
wet and unlighted. The centre made a good stand, but a flank charge by
English cavalry cut up the Scots foot, and Leslie fled with the nobles,
gentry, and mounted men. In killed, wounded, and prisoners the Scots
are said to have lost 14,000 men, a manifest exaggeration. It was an
utter defeat.
“Surely,” wrote Cromwell, “it is probable the Kirk has done her do.”
The Kirk thought not; purging must go on, “nobody must blame the
Covenant.” Neglect of family prayers was selected as one cause of the
defeat! Strachan and Ker, two extreme whigamores of the left wing of
the godly, went to raise a western force that would neither acknowledge
Charles nor join Cromwell, who now took Edinburgh Castle. Charles was
reduced by Argyll to make to him the most slavish promises, including
the payment of £40,000, the part of the price of Charles I. which
Argyll had not yet touched.
On October 4 Charles made “the Start”; he fled to the Royalists of
Angus,—Ogilvy and Airlie: he was caught, brought back, and preached
at. Then came fighting between the Royalists and the Estates.
Middleton, a good soldier, Atholl, and others, declared that they must
and would fight for Scotland, though they were purged out by the
preachers. The Estates (November 4) gave them an indemnity. On this
point the Kirk split into twain: the wilder men, led by the Rev. James
Guthrie, refused reconciliation (the Remonstrants); the less fanatical
would consent to it, on terms (the Resolutioners). The Committee of
Estates dared to resist the Remonstrants: even the Commissioners of the
General Assembly “cannot be against the raising of all fencible
persons,”—and at last adopted the attitude of all sensible persons.
By May 21, 1651, the Estates rescinded the insane Act of Classes, but
the strife between clerical Remonstrants and Resolutioners persisted
till after the Restoration, the Remonstrants being later named
Protesters.
Charles had been crowned at Scone on January 1, again signing the
Covenants. Leslie now occupied Stirling, avoiding an engagement. In
July, while a General Assembly saw the strife of the two sects, came
news that Lambert had crossed the Forth at Queensferry, and defeated a
Scots force at Inverkeithing, where the Macleans fell almost to a man;
Monk captured a number of the General Assembly, and, as Cromwell,
moving to Perth, could now assail Leslie and the main Scottish force at
Stirling, they, by a desperate resolution, with 4000 horse and 9000
foot, invaded England by the west marches, “laughing,” says one of
them, “at the ridiculousness of our own condition.” On September 1
Monk stormed and sacked Dundee as Montrose sacked Aberdeen, but if he
made a massacre like that by Edward I. at Berwick, history is lenient
to the crime.
On August 22 Charles, with his army, reached Worcester, whither
Cromwell marched with a force twice as great as that of the king.
Worcester was a Sedan: Charles could neither hold it nor, though he
charged gallantly, could he break through Cromwell's lines. Before
nightfall on September 3 Charles was a fugitive: he had no army;
Hamilton was slain, Middleton and David Leslie with thousands more were
prisoners. Monk had already captured, at Alyth (August 28), the whole
of the Government, the Committee of Estates, and had also caught some
preachers, including James Sharp, later Archbishop of St Andrews.
England had conquered Scotland at last, after twelve years of
government by preachers acting as interpreters of the Covenant between
Scotland and Jehovah.
During the nine years of the English military occupation of Scotland everything was merely provisional; nothing decisive could occur. In the first place (October 1651), eight English Commissioners, including three soldiers, Monk, Lambert, and Deane, undertook the administration of the conquered country. They announced tolerance in religion (except for Catholicism and Anglicanism, of course), and during their occupation the English never wavered on a point so odious to the Kirk. The English rulers also, as much as they could, protected the women and men whom the lairds and preachers smelled out and tortured and burned for witchcraft. By way of compensation for the expenses of war all the estates of men who had sided with Charles were confiscated. Taxation also was heavy. On four several occasions attempts were made to establish the Union of the two countries; Scotland, finally, was to return thirty members to sit in the English Parliament. But as that Parliament, under Cromwell, was subject to strange and sudden changes, and as the Scottish representatives were usually men sold to the English side, the experiment was not promising. In its first stage it collapsed with Cromwell's dismissal of the Long Parliament on April 20, 1653. Argyll meanwhile had submitted, retaining his estates (August 1652); but of five garrisons in his country three were recaptured, not without his goodwill, by the Highlanders; and in these events began Monk's aversion, finally fatal, to the Marquis as a man whom none could trust, and in whom finally nobody trusted.
An English Commission of Justice, established in May 1652, was confessedly more fair and impartial than any Scotland had known, which was explained by the fact that the English judges “were kinless loons.” Northern cavaliers were relieved by Monk's forbidding civil magistrates to outlaw and plunder persons lying under Presbyterian excommunication, and sanitary measures did something to remove from Edinburgh the ancient reproach of filth, for the time. While the Protesters and Resolutioners kept up their quarrel, the Protesters claiming to be the only genuine representatives of Kirk and Covenant, the General Assembly of the Resolutioners was broken up (July 21, 1653) by Lilburne, with a few soldiers, and henceforth the Kirk, having no General Assembly, was less capable of promoting civil broils. Lilburne suspected that the Assembly was in touch with new stirrings towards a rising in the Highlands, to lead which Charles had, in 1652, promised to send Middleton, who had escaped from an English prison, as general. It was always hard to find any one under whom the great chiefs would serve, and Glencairn, with Kenmure, was unable to check their jealousies.
Charles heard that Argyll would appear in arms for the Crown, when he deemed the occasion good; meanwhile his heir, Lord Lorne, would join the rising. He did so in July 1653, under the curse of Argyll, who, by letters to Lilburne and Monk, and by giving useful information to the English, fatally committed himself as treasonable to the Royal cause. Examples of his conduct were known to Glencairn, who communicated them to Charles.
At the end of February 1654 Middleton arrived in Sutherland to head the insurrection: but Monk chased the small and disunited force from county to county, and in July Morgan defeated and scattered its remnants at Loch Garry, just south of Dalnaspidal. The Armstrongs and other Border clans, who had been moss-trooping in their ancient way, were also reduced, and new fortresses and garrisons bridled the fighting clans of the west. With Cromwell as protector in 1654, Free Trade with England was offered to the Scots with reduced taxation: an attempt to legislate for the Union failed. In 1655-1656 a Council of State and a Commission of Justice included two or three Scottish members, and burghs were allowed to elect magistrates who would swear loyalty to Cromwell. Cromwell died on the day of his fortunate star (September 3, 1658), and twenty-one members for Scotland sat in Richard Cromwell's Parliament. When that was dissolved, and when the Rump was reinstated, a new Bill of Union was introduced, and, by reason of the provisions for religious toleration (a thing absolutely impious in Presbyterian eyes), was delayed till (October 1659) the Rump was sent to its account. Conventions of Burghs and Shires were now held by Monk, who, leading his army of occupation south in January 1660, left the Resolutioners and Protesters standing at gaze, as hostile as ever, awaiting what thing should befall. Both parties still cherished the Covenants, and so long as these documents were held to be for ever binding on all generations, so long as the king's authority was to be resisted in defence of these treaties with Omnipotence, it was plain that in Scotland there could neither be content nor peace. For twenty-eight years, during a generation of profligacy and turmoil, cruelty and corruption, the Kirk and country were to reap what they had sown in 1638.
There was “dancing and derray” in Scotland among the laity when the king came to his own again. The darkest page in the national history seemed to have been turned; the conquering English were gone with their abominable tolerance, their craze for soap and water, their aversion to witch-burnings. The nobles and gentry would recover their lands and compensation for their losses; there would be offices to win, and “the spoils of office.”
It seems that in Scotland none of the lessons of misfortune had been learned. Since January the chiefs of the milder party of preachers, the Resolutioners,—they who had been reconciled with the Engagers,—were employing the Rev. James Sharp, who had been a prisoner in England, as their agent with Monk, with Lauderdale, in April, with Charles in Holland, and, again, in London. Sharp was no fanatic. From the first he assured his brethren, Douglas of Edinburgh, Baillie, and the rest, that there was no chance for “rigid Presbyterianism.” They could conceive of no Presbyterianism which was not rigid, in the manner of Andrew Melville, to whom his king was “Christ's silly vassal.” Sharp warned them early that in face of the irreconcilable Protesters, “moderate Episcopacy” would be preferred; and Douglas himself assured Sharp that the new generation in Scotland “bore a heart-hatred to the Covenant,” and are “wearied of the yoke of presbyterial government.”
This was true: the ruling classes had seen too much of presbyterial government, and would prefer bishops as long as they were not pampered and all-powerful. On the other hand the lesser gentry, still more their godly wives, the farmers and burgesses, and the preachers, regarded the very shadow of Episcopacy as a breach of the Covenant and an insult to the Almighty. The Covenanters had forced the Covenant on the consciences of thousands, from the king downwards, who in soul and conscience loathed it. They were to drink of the same cup—Episcopacy was to be forced on them by fines and imprisonments. Scotland, her people and rulers were moving in a vicious circle. The Resolutioners admitted that to allow the Protesters to have any hand in affairs was “to breed continual distemper and disorders,” and Baillie was for banishing the leaders of the Protesters, irreconcilables like the Rev. James Guthrie, to the Orkney islands. But the Resolutioners, on the other hand, were no less eager to stop the use of the liturgy in Charles's own household, and to persecute every sort of Catholic, Dissenter, Sectary, and Quaker in Scotland. Meanwhile Argyll, in debt, despised on all sides, and yet dreaded, was holding a great open-air Communion meeting of Protesters at Paisley, in the heart of the wildest Covenanting region (May 27, 1660). He was still dangerous; he was trying to make himself trusted by the Protesters, who were opposed to Charles. It may be doubted if any great potentate in Scotland except the Marquis wished to revive the constitutional triumphs of Argyll's party in the last Parliament of Charles I. Charles now named his Privy Council and Ministers without waiting for parliamentary assent—though his first Parliament would have assented to anything. He chose only his late supporters: Glencairn who raised his standard in 1653; Rothes, a humorous and not a cruel voluptuary; and, as Secretary for Scotland in London, Lauderdale, who had urged him to take the Covenant, and who for twenty years was to be his buffoon, his favourite, and his wavering and unscrupulous adviser. Among these greedy and treacherous profligates there would, had he survived, have been no place for Montrose.
In defiance of warnings from omens, second-sighted men, and sensible men, Argyll left the safe sanctuary of his mountains and sea-straits, and betook himself to London, “a fey man.” Most of his past was covered by an Act of Indemnity, but not his doings in 1653. He was arrested before he saw the king's face (July 8, 1660), and lay in the Tower till, in December, he was taken to be tried for treason in Scotland.
Sharp's friends were anxious to interfere in favour of establishing Presbyterianism in England; he told them that the hope was vain; he repeatedly asked for leave to return home, and, while an English preacher assured Charles that the rout of Worcester had been God's vengeance for his taking of the Covenant, Sharp (June 25) told his Resolutioners that “the Protesters' doom is dight.”
Administration in Scotland was intrusted to the Committee of Estates whom Monk (1650) had captured at Alyth, and with them Glencairn, as Chancellor, entered Edinburgh on August 22. Next day, while the Committee was busy, James Guthrie and some Protester preachers met, and, in the old way, drew up a “supplication.” They denounced religious toleration, and asked for the establishment of Presbytery in England, and the filling of all offices with Covenanters. They were all arrested and accused of attempting to “rekindle civil war,” which would assuredly have followed had their prayer been accepted. Next year Guthrie was hanged. But ten days after his arrest Sharp had brought down a letter of Charles to the Edinburgh Presbytery, promising to “protect and preserve the government of the Church of Scotland as it is established by law.” Had the words run “as it may be established by law” (in Parliament) it would not have been a dishonourable quibble—as it was.
Parliament opened on New Year's Day 1661, with Middleton as Commissioner. In the words of Sir George Mackenzie, then a very young advocate and man of letters, “never was Parliament so obsequious.” The king was declared “supreme Governor over all persons and in all causes" (a blow at Kirk judicature), and all Acts between 1633 and 1661 were rescinded, just as thirty years of ecclesiastical legislation had been rescinded by the Covenanters. A sum of £40,000 yearly was settled on the king. Argyll was tried, was defended by young George Mackenzie, and, when he seemed safe, his doom was fixed by the arrival of a Campbell from London bearing some of his letters to Lilburne and Monk (1653-1655) which the Indemnity of 1651 did not cover. He died, by the axe (not the rope, like Montrose), with dignity and courage.
The question of Church government in Scotland was left to Charles and his advisers. The problem presented to the Government of the Restoration by the Kirk was much more difficult and complicated than historians usually suppose. The pretensions which the preachers had inherited from Knox and Andrew Melville were practically incompatible, as had been proved, with the existence of the State. In the southern and western shires,—such as those of Dumfries, Galloway, Ayr, Renfrew, and Lanark,—the forces which attacked the Engagers had been mustered; these shires had backed Strachan and Ker and Guthrie in the agitation against the king, the Estates, and the less violent clergy, after Dunbar. But without Argyll, and with no probable noble leaders, they could do little harm; they had done none under the English occupation, which abolished the General Assembly. To have restored the Assembly, or rather two Assemblies—that of the Protesters and that of the Resolutionists,—would certainly have been perilous. Probably the wisest plan would have been to grant a General Assembly, to meet after the session of Parliament; not, as had been the custom, to meet before it and influence or coerce the Estates. Had that measure proved perilous to peace it need not have been repeated,—the Kirk might have been left in the state to which the English had reduced it.
This measure would not have so much infuriated the devout as did the introduction of “black prelacy,” and the ejection of some 300 adored ministers, chiefly in the south-west, and “the making of a desert first, and then peopling it with owls and satyrs” (the curates), as Archbishop Leighton described the action of 1663. There ensued the finings of all who would not attend the ministrations of “owls and satyrs,”—a grievance which produced two rebellions (1666 and 1679) and a doctrine of anarchism, and was only worn down by eternal and cruel persecutions.
By violence the Restoration achieved its aim: the Revolution of 1688 entered into the results; it was a bitter moment in the evolution of Scotland—a moment that need never have existed. Episcopacy was restored, four bishops were consecrated, and Sharp accepted (as might have long been foreseen) the See of St Andrews. He was henceforth reckoned a Judas, and assuredly he had ruined his character for honour: he became a puppet of Government, despised by his masters, loathed by the rest of Scotland.
In May-September 1662, Parliament ratified the change to Episcopacy. It seems to have been thought that few preachers except the Protesters would be recalcitrant, refuse collation from bishops, and leave their manses. In point of fact, though they were allowed to consult their consciences till February 1663, nearly 300 ministers preferred their consciences to their livings. They remained centres of the devotion of their flocks, and the “curates,” hastily gathered, who took their places, were stigmatised as ignorant and profligate, while, as they were resisted, rabbled, and daily insulted, the country was full of disorder.
The Government thus mortally offended the devout classes, though no attempt was made to introduce a liturgy. In the churches the services were exactly, or almost exactly, what they had been; but excommunications could now only be done by sanction of the bishops. Witch-burnings, in spite of the opposition of George Mackenzie and the Council, were soon as common as under the Covenant. Oaths declaring it unlawful to enter into Covenants or take up arms against the king were imposed on all persons in office.
Middleton, of his own authority, now proposed the ostracism, by parliamentary ballot, of twelve persons reckoned dangerous. Lauderdale was mainly aimed at (it is a pity that the bullet did not find its billet), with Crawford, Cassilis, Tweeddale, Lothian, and other peers who did not approve of the recent measures. But Lauderdale, in London, seeing Charles daily, won his favour; Middleton was recalled (March 1663), and Lauderdale entered freely on his wavering, unscrupulous, corrupt, and disastrous period of power.
The Parliament of June 1663, meeting under Rothes, was packed by the least constitutional method of choosing the Lords of the Articles. Waristoun was brought from France, tried, and hanged, “expressing more fear than I ever saw,” wrote Lauderdale, whose Act “against Separation and Disobedience to Ecclesiastical Authority” fined abstainers from services in their parish churches. In 1664, Sharp, who was despised by Lauderdale and Glencairn, obtained the erection of that old grievance—a Court of High Commission, including bishops, to punish nonconformists. Sir James Turner was intrusted with the task of dragooning them, by fining and the quartering of soldiers on those who would not attend the curates and would keep conventicles. Turner was naturally clement and good-natured, but wine often deprived him of his wits, and his soldiery behaved brutally. Their excesses increased discontent, and war with Holland (1664) gave them hopes of a Dutch ally. Conventicles became common; they had an organisation of scouts and sentinels. The malcontents intrigued with Holland in 1666, and schemed to capture the three Keys of the Kingdom—the castles of Stirling, Dumbarton, and Edinburgh. The States-General promised, when this was done, to send ammunition and 150,000 gulden (July 1666).
When rebellion did break out it had no foreign aid, and a casual origin. In the south-west Turner commanded but seventy soldiers, scattered all about the country. On November 14 some of them mishandled an old man in the clachan of Dalry, on the Ken. A soldier was shot in revenge (Mackenzie speaks as if a conventicle was going on in the neighbourhood); people gathered in arms, with the Laird of Corsack, young Maxwell of Monreith, and M'Lennan; caught Turner, undressed, in Dumfries, and carried him with them as they “went conventicling about,” as Mackenzie writes, holding prayer-meetings, led by Wallace, an old soldier of the Covenant. At Lanark they renewed the Covenant. Dalziel of Binns, who had learned war in Russia, led a pursuing force. The rebels were disappointed in hopes of Dutch or native help at Edinburgh; they turned, when within three miles of the town, into the passes of the Pentland Hills, and at Bullion Green, on November 28, displayed fine soldierly qualities and courage, but fled, broken, at nightfall. The soldiers and countryfolk, who were unsympathetic, took a number of prisoners, preachers and laymen, on whom the Council, under the presidency of Sharp, exercised a cruelty bred of terror. The prisoners were defended by George Mackenzie: it has been strangely stated that he was Lord Advocate, and persecuted them! Fifteen rebels were hanged: the use of torture to extract information was a return, under Fletcher, the King's Advocate, to a practice of Scottish law which had been almost in abeyance since 1638—except, of course, in the case of witches. Turner vainly tried to save from the Boot {208} the Laird of Corsack, who had protected his life from the fanatics. “The executioner favoured Mr Mackail,” says the Rev. Mr Kirkton, himself a sufferer later. This Mr Mackail, when a lad of twenty-one (1662), had already denounced the rulers, in a sermon, as on the moral level of Haman and Judas.
It is entirely untrue that Sharp concealed a letter from the king commanding that no blood should be shed (Charles detested hanging people). If any one concealed his letter, it was Burnet, Archbishop of Glasgow. Dalziel now sent Ballantyne to supersede Turner and to exceed him in ferocity; and Bellenden and Tweeddale wrote to Lauderdale deprecating the cruelties and rapacity of the reaction, and avowing contempt of Sharp. He was “snibbed,” confined to his diocese, and “cast down, yea, lower than the dust,” wrote Rothes to Lauderdale. He was held to have exaggerated in his reports the forces of the spirit of revolt; but Tweeddale, Sir Robert Murray, and Kincardine found when in power that matters were really much more serious than they had supposed. In the disturbed districts—mainly the old Strathclyde and Pictish Galloway—the conformist ministers were perpetually threatened, insulted, and robbed.
According to a sympathetic historian, “on the day when Charles should abolish bishops and permit free General Assemblies, the western Whigs would become his law-abiding subjects; but till that day they would be irreconcilable.” But a Government is not always well advised in yielding to violence. Moreover, when Government had deserted its clergy, and had granted free General Assemblies, the two Covenants would re-arise, and the pretensions of the clergy to dominate the State would be revived. Lauderdale drifted into a policy of alternate “Indulgences” or tolerations, and of repression, which had the desired effect, at the maximum of cost to justice and decency. Before England drove James II. from the throne, but a small remnant of fanatics were in active resistance, and the Covenants had ceased to be dangerous.
A scheme of partial toleration was mooted in 1667, and Rothes was removed from his practical dictatorship, while Turner was made the scapegoat of Rothes, Sharp, and Dalziel. The result of the scheme of toleration was an increase in disorder. Bishop Leighton had a plan for abolishing all but a shadow of Episcopacy; but the temper of the recalcitrants displayed itself in a book, 'Naphtali,' advocating the right of the godly to murder their oppressors. This work contained provocations to anarchism, and, in Knox's spirit, encouraged any Phinehas conscious of a “call” from Heaven to do justice on such persons as he found guilty of troubling the godly.
Fired by such Christian doctrines, on July 11, 1668, one Mitchell—“a preacher of the Gospel, and a youth of much zeal and piety,” says Wodrow the historian—shot at Sharp, wounded the Bishop of Orkney in the street of Edinburgh, and escaped. This event delayed the project of conciliation, but in July 1669 the first Indulgence was promulgated. On making certain concessions, outed ministers were to be restored. Two-and-forty came in, including the Resolutioner Douglas, in 1660 the correspondent of Sharp. The Indulgence allowed the indulged to reject Episcopal collation; but while brethren exiled in Holland denounced the scheme (these brethren, led by Mr MacWard, opposed all attempts at reconciliation), it also offended the Archbishops, who issued a Remonstrance. Sharp was silenced; Burnet of Glasgow was superseded, and the see was given to the saintly but unpractical Leighton. By 1670 conventiclers met in arms, and “a clanking Act,” as Lauderdale called it, menaced them with death: Charles II. resented but did not rescind it. In fact, the disorders and attacks on conformist ministers were of a violence much overlooked by our historians. In 1672 a second Indulgence split the Kirk into factions—the exiles in Holland maintaining that preachers who accepted it should be held men unholy, false brethren. But the Indulged increased in numbers, and finally in influence.
To such a man as Leighton the whole quarrel seemed “a scuffle of drunken men in the dark.” An Englishman entering a Scottish church at this time found no sort of liturgy; prayers and sermons were what the minister chose to make them—in fact, there was no persecution for religion, says Sir George Mackenzie. But if men thought even a shadow of Episcopacy an offence to Omnipotence, and the king's authority in ecclesiastical cases a usurping of “the Crown Honours of Christ”; if they consequently broke the law by attending armed conventicles and assailing conformist preachers, and then were fined or imprisoned,—from their point of view they were being persecuted for their religion. Meanwhile they bullied and “rabbled” the “curates” for their religion: such was Leighton's “drunken scuffle in the dark.”
In 1672 Lauderdale married the rapacious and tyrannical daughter of Will Murray—of old the whipping-boy of Charles I., later a disreputable intriguer. Lauderdale's own ferocity of temper and his greed had created so much dislike that in the Parliament of 1673 he was met by a constitutional opposition headed by the Duke of Hamilton, and with Sir George Mackenzie as its orator. Lauderdale consented to withdraw monopolies on salt, tobacco, and brandy; to other grievances he would not listen (the distresses of the Kirk were not brought forward), and he dissolved the Parliament. The opposition tried to get at him through the English Commons, who brought against him charges like those which were fatal to Strafford. They failed; and Lauderdale, holding seven offices himself, while his brother Haltoun was Master of the Mint, ruled through a kind of clique of kinsmen and creatures.
Leighton, in despair, resigned his see: the irreconcilables of the Kirk had crowned him with insults. The Kirk, he said, “abounded in furious zeal and endless debates about the empty name and shadow of a difference in government, in the meanwhile not having of solemn and orderly public worship as much as a shadow.”
Wodrow, the historian of the sufferings of the Kirk, declares that through the riotous proceedings of the religious malcontents “the country resembled war as much as peace.” But an Act of Council of 1677 bidding landowners sign a bond for the peaceable behaviour of all on their lands was refused obedience by many western lairds. They could not enforce order, they said: hence it seemed to follow that there was much disorder. Those who refused were, by a stretch of the law of “law-burrows,” bound over to keep the peace of the Government. Lauderdale, having nothing that we would call a police, little money, and a small insufficient force of regulars, called in “the Highland Host,” the retainers of Atholl, Glenorchy, Mar, Moray, and Airlie, and other northern lords, and quartered them on the disturbed districts for a month. They were then sent home bearing their spoils (February 1678). Atholl and Perth (later to be the Catholic minister of James II.) now went over to “the Party,” the opposition, Hamilton's party; Hamilton and others rode to London to complain against Lauderdale, but he, aided by the silver tongue of Mackenzie, who had changed sides, won over Charles, and Lauderdale's assailants were helpless.
Great unpopularity and disgrace were achieved by the treatment of the pious Mitchell, who, we have seen, missed Sharp and shot the Bishop of Orkney in 1668. In 1674 he was taken, and confessed before the Council, after receiving from Rothes, then Chancellor, assurance of his life: this with Lauderdale's consent. But when brought before the judges, he retracted his confession. He was kept a prisoner on the Bass Rock; in 1676 was tortured; in January 1678 was again tried. Haltoun (who in a letter of 1674 had mentioned the assurance of life), Rothes, Sharp, and Lauderdale, all swore that, to their memory, no assurance had been given in 1674. Mitchell's counsel asked to be allowed to examine the Register of the Council, but, for some invisible technical reasons, the Lords of the Justiciary refused; the request, they said, came too late. Mackenzie prosecuted; he had been Mitchell's counsel in 1674, and it is impossible to follow the reasoning by which he justifies the condemnation and hanging of Mitchell in January 1678. Sharp was supposed to have urged Mitchell's trial, and to have perjured himself, which is far from certain. Though Mitchell was guilty, the manner of his taking off was flagrantly unjust and most discreditable to all concerned.
Huge armed conventicles, and others led by Welsh, a preacher, marched about through the country in December 1678 to May 1679. In April 1679 two soldiers were murdered while in bed; next day John Graham of Claverhouse, who had served under the Prince of Orange with credit, and now comes upon the scene, reported that Welsh was organising an armed rebellion, and that the peasants were seizing the weapons of the militia. Balfour of Kinloch (Burley) and Robert Hamilton, a laird in Fife, were the leaders of that extreme sect which was feared as much by the indulged preachers as by the curates, and, on May 2, 1679, Balfour, with Hackstoun of Rathillet (who merely looked on), and other pious desperadoes, passed half an hour in clumsily hacking Sharp to death, in the presence of his daughter, at Magus Moor near St Andrews.
The slayers, says one of them, thanked the Lord “for leading them by His Holy Spirit in every step they stepped in that matter,” and it is obvious that mere argument was unavailing with gentlemen who cherished such opinions. In the portraits of Sharp we see a face of refined goodness which makes the physiognomist distrust his art. From very early times Cromwell had styled Sharp “Sharp of that ilk.” He was subtle, he had no fanaticism, he warned his brethren in 1660 of the impossibility of restoring their old authority and discipline. But when he accepted an archbishopric he sold his honour; his servility to Charles and Lauderdale was disgusting; fear made him cruel; his conduct at Mitchell's last trial is, at best, ambiguous; and the hatred in which he was held is proved by the falsehoods which his enemies told about his private life and his sorceries.
The murderers crossed the country, joined the armed fanatics of the west, under Robert Hamilton, and on Restoration Day (May 29) burned Acts of the Government at Rutherglen. Claverhouse rode out of Glasgow with a small force, to inquire into this proceeding; met the armed insurgents in a strong position defended by marshes and small lochs; sent to Lord Ross at Glasgow for reinforcements which did not arrive; and has himself told how he was defeated, pursued, and driven back into Glasgow. “This may be accounted the beginning of the rebellion in my opinion.”
Hamilton shot with his own hand one of the prisoners, and reckoned the sparing of the others “one of our first steppings aside.” Men so conscientious as Hamilton were rare in his party, which was ruined presently by its own distracted counsels.
The forces of the victors of Drumclog were swollen by their success, but they were repulsed with loss in an attack on Glasgow. The commands of Ross and Claverhouse were then withdrawn to Stirling, and when Livingstone joined them at Larbert, the whole army mustered but 1800 men—so weak were the regulars. The militia was raised, and the king sent down his illegitimate son, Monmouth, husband of the heiress of Buccleuch, at the head of several regiments of redcoats. Argyll was not of service; he was engaged in private war with the Macleans, who refused an appeal for help from the rebels. They, in Glasgow and at Hamilton, were quarrelling over the Indulgence: the extremists called Mr Welsh's party “rotten-hearted”—Welsh would not reject the king's authority—the Welshites were the more numerous. On June 22 the Clyde, at Bothwell Bridge, separated the rebels—whose preachers were inveighing against each other—from Monmouth's army. Monmouth refused to negotiate till the others laid down their arms, and after a brief artillery duel, the Royal infantry carried the bridge, and the rest of the affair was pursuit by the cavalry. The rival Covenanting leaders, Russel, one of Sharp's murderers, and Ure, give varying accounts of the affair, and each party blames the other. The rebel force is reckoned at from five to seven thousand, the Royal army was of 2300 according to Russel. “Some hundreds” of the Covenanters fell, and “many hundreds,” the Privy Council reported, were taken.
The battle of Bothwell Bridge severed the extremists, Robert Hamilton, Richard Cameron and Cargill, the famous preachers, and the rest, from the majority of the Covenanters. They dwindled to the “Remnant,” growing the fiercer as their numbers decreased. Only two ministers were hanged; hundreds of prisoners were banished, like Cromwell's prisoners after Dunbar, to the American colonies. Of these some two hundred were drowned in the wreck of their vessel off the Orkneys. The main body were penned up in Greyfriars Churchyard; many escaped; more signed a promise to remain peaceful, and shun conventicles. There was more of cruel carelessness than of the deliberate cruelty displayed in the massacres and hangings of women after Philiphaugh and Dunaverty. But the avaricious and corrupt rulers, after 1679, headed by James, Duke of York (Lauderdale being removed), made the rising of Bothwell Bridge the pretext for fining and ruining hundreds of persons, especially lairds, who were accused of helping or harbouring rebels. The officials were rapacious for their own profit. The records of scores of trials prosecuted for the sake of spoil, and disgraced by torture and injustice, make miserable reading. Between the trials of the accused and the struggle with the small minority of extremists led by Richard Cameron and the aged Mr Cargill, the history of the country is monotonously wretched. It was in prosecuting lairds and peasants and preachers that Sir George Mackenzie, by nature a lenient man and a lover of literature, gained the name of “the bluidy advocate.”
Cameron and his followers rode about after issuing the wildest manifestoes, as at Sanquhar in the shire of Dumfries (June 22, 1680). Bruce of Earlshall was sent with a party of horse to pursue, and, in the wild marshes of Airs Moss, in Ayrshire, Cameron “fell praying and fighting”; while Hackstoun of Rathillet, less fortunate, was taken, and the murder of Sharp was avenged on him with unspeakable cruelties. The Remnant now formed itself into organised and armed societies; their conduct made them feared and detested by the majority of the preachers, who longed for a quiet life, not for the establishment of a Mosaic commonwealth, and “the execution of righteous judgments” on “malignants.” Cargill was now the leader of the Remnant, and Cargill, in a conventicle at Torwood, of his own authority excommunicated the king, the Duke of York, Lauderdale, Rothes, Dalziel, and Mackenzie, whom he accused of leniency to witches, among other sins. The Government apparently thought that excommunication, to the mind of Cargill and his adherents, meant outlawry, and that outlawry might mean the assassination of the excommunicated. Cargill was hunted, and (July 12, 1681) was captured by “wild Bonshaw.” It was believed by his party that the decision to execute Cargill was carried by the vote of Argyll, in the Privy Council, and that Cargill told Rothes (who had signed the Covenant with him in their youth) that Rothes would be the first to die. Rothes died on July 26, Cargill was hanged on July 27.
On the following day James, Duke of York, as Royal Commissioner, opened the first Parliament since 1673-74. James secured an Act making the right of succession to the Crown independent of differences of religion; he, of course, was a Catholic. The Test Act was also passed, a thing so self-contradictory in its terms that any man might take it whose sense of humour overcame his sense of honour. Many refused, including a number of the conformist ministers. Argyll took the Test “as far as it is consistent with itself and with the Protestant religion.”
Argyll, the son of the executed Marquis, had recovered his lands, and acquired the title of Earl mainly through the help of Lauderdale. During the religious troubles from 1660 onwards he had taken no great part, but had sided with the Government, and approved of the torture of preachers. But what ruined him now (though the facts have been little noticed) was his disregard of the claims of his creditors, and his obtaining the lands of the Macleans in Mull and Morven, in discharge of an enormous debt of the Maclean chief to the Marquis, executed in 1661. The Macleans had vainly attempted to prove that the debt was vastly inflated by familiar processes, and had resisted in arms the invasion of the Campbells. They had friends in Seaforth, the Mackenzies, and in the Earl of Errol and other nobles.
These men, especially Mackenzie of Tarbet, an astute intriguer, seized their chance when Argyll took the Test “with a qualification,” and though, at first, he satisfied and was reconciled to the Duke of York, they won over the Duke, accused Argyll to the king, brought him before a jury, and had him condemned of treason and incarcerated. The object may have been to intimidate him, and destroy his almost royal power in the west and the islands. In any case, after a trial for treason, in which one vote settled his doom, he escaped in disguise as a footman (perhaps by collusion, as was suspected), fled to England, conspired there with Scottish exiles and a Covenanting refugee, Mr Veitch, and, as Charles would not allow him to be searched for, he easily escaped to Holland. (For details, see my book, 'Sir George Mackenzie.')
It was, in fact, clan hatred that dragged down Argyll. His condemnation was an infamous perversion of justice, but as Charles would not allow him to be captured in London, it is most improbable that he would have permitted the unjust capital sentence to be carried out. The escape was probably collusive, and the sole result of these intricate iniquities was to create for the Government an enemy who would have been dangerous if he had been trusted by the extreme Presbyterians. In England no less than in Scotland the supreme and odious injustice of Argyll's trial excited general indignation. The Earl of Aberdeen (Gordon of Haddo) was now Chancellor, and Queensberry was Treasurer for a while; both were intrigued against at Court by the Earl of Perth and his brother, later Lord Melfort, and probably by far the worst of all the knaves of the Restoration.
Increasing outrages by the Remnant, now headed by the Rev. Mr James Renwick, a very young man, led to more furious repression, especially as in 1683 Government detected a double plot—the wilder English aim being to raise the rabble and to take or slay Charles and his brother at the Rye House; while the more respectable conspirators, English and Scots, were believed to be acquainted with, though not engaged in, this design. The Rev. Mr Carstares was going and coming between Argyll and the exiles in Holland and the intriguers at home. They intended as usual first to surprise Edinburgh Castle. In England Algernon Sidney, Lord Russell, and others were arrested, while Baillie of Jerviswoode and Carstares were apprehended—Carstares in England. He was sent to Scotland, where he could be tortured. The trial of Jerviswoode was if possible more unjust than even the common run of these affairs, and he was executed (December 24, 1684).
The conspiracy was, in fact, a very serious affair: Carstares was confessedly aware of its criminal aspect, and was in the closest confidence of the ministers of William of Orange. What his dealings were with them in later years he would never divulge. But it is clear that if the plotters slew Charles and James, the hour had struck for the Dutch deliverer's appearance. If we describe the Rye House Plot as aiming merely at “the exclusion of the Duke of York from the throne,” we shut our eyes to evidence and make ourselves incapable of understanding the events. There were plotters of every degree and rank, and they were intriguing with Argyll, and, through Carstares who knew, though he refused a part in the murder plot, were in touch at once with Argyll and the intimates of William of Orange.
Meanwhile “the hill men,” the adherents of Renwick, in October 1684, declared a war of assassination against their opponents, and announced that they would try malignants in courts of their own. Their manifesto (“The Apologetical Declaration") caused an extraordinary measure of repression. A test—the abjuration of the criminal parts of Renwick's declaration—was to be offered by military authority to all and sundry. Refusal to abjure entailed military execution. The test was only obnoxious to sincere fanatics; but among them must have been hundreds of persons who had no criminal designs, and merely deemed it a point of honour not to “homologate” any act of a Government which was corrupt, prelatic, and unholy.
Later victims of this view of duty were Margaret Lauchleson and Margaret Wilson—an old woman and a young girl—cruelly drowned by the local authorities at Wigtown (May 1685). A myth represents Claverhouse as having been present. The shooting of John Brown, “the Christian Carrier,” by Claverhouse in the previous week was an affair of another character. Claverhouse did not exceed his orders, and ammunition and treasonable papers were in Brown's possession; he was also sheltering a red-handed rebel. Brown was not shot merely “because he was a Nonconformist,” nor was he shot by the hand of Claverhouse.
These incidents of “the killing time” were in the reign of James II.; Charles II. had died, to the sincere grief of most of his subjects, on February 2, 1685. “Lecherous and treacherous” as he was, he was humorous and good-humoured. The expected invasion of Scotland by Argyll, of England by Monmouth, did not encourage the Government to use respective lenity in the Covenanting region, from Lanarkshire to Galloway.
Argyll, who sailed from Holland on May 2, had a council of Lowlanders who thwarted him. His interests were in his own principality, but he found it occupied by Atholl and his clansmen, and the cadets of his own House as a rule would not rally to him. The Lowlanders with him, Sir Patrick Hume, Sir John Cochrane, and the rest, wished to move south and join hands with the Remnant in the west and in Galloway; but the Remnant distrusted the sudden religious zeal of Argyll, and were cowed by Claverhouse. The coasts were watched by Government vessels of war, and when, after vain movements round about his own castle, Inveraray, Argyll was obliged by his Lowlanders to move on Glasgow, he was checked at every turn; the leaders, weary and lost in the marshes, scattered from Kilpatrick on Clyde; Argyll crossed the river, and was captured by servants of Sir John Shaw of Greenock. He was not put to trial nor to torture; he was executed on the verdict of 1681. About 200 suspected persons were lodged by Government in Dunottar Castle at the time and treated with abominable cruelty.
The Covenanters were now effectually put down, though Renwick was not taken and hanged till 1688. The preachers were anxious for peace and quiet, and were bitterly hostile to Renwick. The Covenant was a dead letter as far as power to do mischief was concerned. It was not persecution of the Kirk, but demand for toleration of Catholics and a manifest desire to restore the Church, that in two years lost James his kingdoms.
On April 29, 1686, James's message to the Scots Parliament asked toleration for “our innocent subjects” the Catholics. He had substituted Perth's brother, now entitled Earl of Melfort, for Queensberry; Perth was now Chancellor; both men had adopted their king's religion, and the infamous Melfort can hardly be supposed to have done so honestly. Their families lost all in the event except their faith. With the request for toleration James sent promises of free trade with England, and he asked for no supplies. Perth had introduced Catholic vestments and furnishings in Holyrood chapel, which provoked a No Popery riot. Parliament would not permit toleration; James removed many of the Council and filled their places with Catholics. Sir George Mackenzie's conscience “dirled”; he refused to vote for toleration and he lost the Lord Advocateship, being superseded by Sir James Dalrymple, an old Covenanting opponent of Claverhouse in Galloway.
In August James, by prerogative, did what the Estates would not do, and he deprived the Archbishop of Glasgow and the Bishop of Dunkeld of their Sees: though a Catholic, he was the king-pope of a Protestant church! In a decree of July 1687 he extended toleration to the Kirk, and a meeting of preachers at Edinburgh expressed “a deep sense of your Majesty's gracious and surprising favour.” The Kirk was indeed broken, and, when the Revolution came, was at last ready for a compromise from which the Covenants were omitted. On February 17, 1688, Mr Renwick was hanged at Edinburgh: he had been prosecuted by Dalrymple. On the same day Mackenzie superseded Dalrymple as Lord Advocate.
After the birth of the White Rose Prince of Wales (June 10, 1688), Scotland, like England, apprehended that a Catholic king would be followed by a Catholic son. The various contradictory lies about the child's birth flourished, all the more because James ventured to select the magistrates of the royal burghs. It became certain that the Prince of Orange would invade, and Melfort madly withdrew the regular troops, with Claverhouse (now Viscount Dundee) to aid in resisting William in England, though Balcarres proposed a safer way of holding down the English northern counties by volunteers, the Highland clans, and new levies. Thus the Privy Council in Scotland were left at the mercy of the populace.
Of the Scottish army in England all were disbanded when James fled to France, except a handful of cavalry, whom Dundee kept with him. Perth fled from Edinburgh, but was taken and held a prisoner for four years; the town train-band, with the mob and some Cameronians, took Holyrood, slaying such of the guard as they did not imprison; “many died of their wounds and hunger.” The chapel and Catholic houses were sacked, and gangs of the armed Cameronian societies went about in the south-west, rabbling, robbing, and driving away ministers of the Episcopalian sort. Atholl was in power in Edinburgh; in London, where James's Scots friends met, the Duke of Hamilton was made President of Council, and power was left till the assembling of a Convention at Edinburgh (March 1689) in the hands of William.
In Edinburgh Castle the wavering Duke of Gordon was induced to remain by Dundee and Balcarres; while Dundee proposed to call a Jacobite convention in Stirling. Melfort induced James to send a letter contrary to the desires of his party; Atholl, who had promised to join them, broke away; the life of Dundee was threatened by the fanatics, and on March 18, seeing his party headless and heartless, Dundee rode north, going “wherever might lead him the shade of Montrose.”
Mackay now brought to Edinburgh regiments from Holland, which overawed the Jacobites, and he secured for William the key of the north, the castle of Stirling. With Hamilton as President, the Convention, with only four adverse votes, declared against James and his son; and Hamilton (April 3) proclaimed at the cross the reign of William and Mary. The claim of rights was passed and declared Episcopacy intolerable. Balcarres was thrown into prison: on May 11 William took the Coronation oath for Scotland, merely protesting that he would not “root out heretics,” as the oath enjoined.
This was “the end o' an auld sang,” the end of the Stuart dynasty, and of the equally “divine rights” of kings and of preachers.
In a sketch it is impossible to convey any idea of the sufferings of Scotland, at least of Covenanting Scotland, under the Restoration. There was contest, unrest, and dragoonings, and the quartering of a brutal and licentious soldiery on suspected persons. Law, especially since 1679, had been twisted for the conviction of persons whom the administration desired to rob. The greed and corruption of the rulers, from Lauderdale, his wife, and his brother Haltoun, to Perth and his brother, the Earl of Melfort, whose very title was the name of an unjustly confiscated estate, is almost inconceivable. {225} Few of the foremost men in power, except Sir George Mackenzie and Claverhouse, were free from personal profligacy of every sort. Claverhouse has left on record his aversion to severities against the peasantry; he was for prosecuting such gentry as the Dalrymples. As constable of Dundee he refused to inflict capital punishment on petty offenders, and Mackenzie went as far as he dared in opposing the ferocities of the inquisition of witches. But in cases of alleged treason Mackenzie knew no mercy.
Torture, legal in Scotland, was used with barbarism unprecedented there after each plot or rising, to extract secrets which, save in one or two cases like that of Carstares, the victims did not possess. They were peasants, preachers, and a few country gentlemen: the nobles had no inclination to suffer for the cause of the Covenants. The Covenants continued to be the idols of the societies of Cameronians, and of many preachers who were no longer inclined to die for these documents,—the expression of such strange doctrines, the causes of so many sorrows and of so many martyrdoms. However little we may sympathise with the doctrines, none the less the sufferers were idealists, and, no less than Montrose, preferred honour to life.
With all its sins, the Restoration so far pulverised the pretensions which, since 1560, the preachers had made, that William of Orange was not obliged to renew the conflict with the spiritual sons of Knox and Andrew Melville.
This fact is not so generally recognised as it might be. It is therefore proper to quote the corroborative opinion of the learned Historiographer-Royal of Scotland, Professor Hume Brown. “By concession and repression the once mighty force of Scottish Presbyterianism had been broken. Most deadly of the weapons in the accomplishment of this result had been the three Acts of Indulgence which had successively cut so deep into the ranks of uniformity. In succumbing to the threats and promises of the Government, the Indulged ministers had undoubtedly compromised the fundamental principles of Presbyterianism. . . . The compliance of these ministers was, in truth, the first and necessary step towards that religious and political compromise which the force of circumstances was gradually imposing on the Scottish people,” and “the example of the Indulged ministers, who composed the great mass of the Presbyterian clergy, was of the most potent effect in substituting the idea of toleration for that of the religious absolutism of Knox and Melville.” {226}
It may be added that the pretensions of Knox and Melville and all their followers were no essential part of Presbyterial Church government, but were merely the continuation or survival of the clerical claims of apostolic authority, as enforced by such popes as Hildebrand and such martyrs as St Thomas of Canterbury.
While Claverhouse hovered in the north the Convention (declared to be a Parliament by William on June 5) took on, for the first time in Scotland since the reign of Charles I, the aspect of an English Parliament, and demanded English constitutional freedom of debate. The Secretary in Scotland was William, Earl of Melville; that hereditary waverer, the Duke of Hamilton, was Royal Commissioner; but some official supporters of William, especially Sir James and Sir John Dalrymple, were criticised and thwarted by “the club” of more extreme Liberals. They were led by the Lowland ally who had vexed Argyll, Hume of Polwarth; and by Montgomery of Skelmorley, who, disappointed in his desire of place, soon engaged in a Jacobite plot.
The club wished to hasten the grant of Parliamentary liberties which William was anxious not to give; and to take vengeance on officials such as Sir James Dalrymple, and his son, Sir John, now Lord Advocate, as he had been under James II. To these two men, foes of Claverhouse, William clung while he could. The council obtained, but did not need to use, permission to torture Jacobite prisoners, “Cavaliers” as at this time they were styled; but Chieseley of Dalry, who murdered Sir George Lockhart, President of the College of Justice, was tortured.
The advanced Liberal Acts which were passed did not receive the touch of the sceptre from Hamilton, William's Commissioner: thus they were “vetoed,” and of no effect. The old packed committee, “The Lords of the Articles,” was denounced as a grievance; the king was to be permitted to appoint no officers of State without Parliament's approbation. Hamilton offered compromises, for William clung to “the Articles”; but he abandoned them in the following year, and thenceforth till the Union (1707) the Scottish was “a Free Parliament.” Various measures of legislation for the Kirk—-some to emancipate it as in its palmy days, some to keep it from meddling in politics—were proposed; some measures to abolish, some to retain lay patronage of livings, were mooted. The advanced party for a while put a stop to the appointment of judges, but in August came news of the Viscount Dundee in the north which terrified parliamentary politicians.
Edinburgh Castle had been tamely yielded by the Duke of Gordon; Balcarres, the associate of Dundee, had been imprisoned; but Dundee himself, after being declared a rebel, in April raised the standard of King James. As against him the Whigs relied on Mackay, a brave officer who had been in Dutch service, and now commanded regiments of the Scots Brigade of Holland. Mackay pursued Dundee, as Baillie had pursued Montrose, through the north: at Inverness, Dundee picked up some Macdonalds under Keppoch, but Keppoch was not satisfactory, being something of a freebooter. The Viscount now rode to the centre of his hopes, to the Macdonalds of Glengarry, the Camerons of Lochiel, and the Macleans who had been robbed of their lands by the Earl of Argyll, executed in 1685. Dundee summoned them to Lochiel's house on Loch Arkaig for May 18; he visited Atholl and Badenoch; found a few mounted men as recruits at Dundee; returned through the wilds to Lochaber, and sent round that old summons to a rising, the Fiery Cross, charred and dipped in a goat's blood.
Much time was spent in preliminary manuvring and sparring between Mackay, now reinforced by English regulars, and Dundee, who for a time disbanded his levies, while Mackay went to receive fresh forces and to consult the Government at Edinburgh. He decided to march to the west and bridle the clans by erecting a strong fort at Inverlochy, where Montrose routed Argyll. A stronghold at Inverlochy menaced the Macdonalds to the north, and the Camerons in Lochaber, and, southwards, the Stewarts in Appin. But to reach Inverlochy Mackay had to march up the Tay, past Blair Atholl, and so westward through very wild mountainous country. To oppose him Dundee had collected 4000 of the clansmen, and awaited ammunition and men from James, then in Ireland. By the advice of the great Lochiel, a man over seventy but miraculously athletic, Dundee decided to let the clans fight in their old way,—a rush, a volley at close quarters, and then the claymore. By June 28 Dundee had received no aid from James,—of money “we have not twenty pounds”; and he was between the Earl of Argyll (son of the martyr of 1685) and Mackay with his 4000 foot and eight troops of horse.
On July 23 Dundee seized the castle of Blair Atholl, which had been the base of Montrose in his campaigns, and was the key of the country between the Tay and Lochaber. The Atholl clans, Murrays and Stewarts, breaking away from the son of their chief, the fickle Marquis of Atholl, were led by Stewart of Ballechin, but did not swell Dundee's force at the moment. From James Dundee now received but a battalion of half-starved Irishmen, under the futile General Cannon.
On July 27, at Blair, Dundee learned that Mackay's force had already entered the steep and narrow pass of Killiecrankie, where the road skirted the brawling waters of the Garry. Dundee had not time to defend the pass; he marched his men from Blair, keeping the heights, while Mackay emerged from the gorge, and let his forces rest on the wide level haugh beside the Garry, under the house of Runraurie, now called Urrard, with the deep and rapid river in their rear. On this haugh the tourist sees the tall standing stone which, since 1735 at least, has been known as “Dundee's stone.” From the haugh rises a steep acclivity, leading to the plateau where the house of Runraurie stood. Mackay feared that Dundee would occupy this plateau, and that the fire thence would break up his own men on the haugh below. He therefore seized the plateau, which was an unfortunate manuvre. He was so superior in numbers that both of his wings extended beyond Dundee's, who had but forty ill-horsed gentlemen by way of cavalry. After distracting Mackay by movements along the heights, as if to cut off his communications with the south, Dundee, who had resisted the prayers of the chiefs that he would be sparing of his person, gave the word to charge as the sun sank behind the western hills. Rushing down hill, under heavy fire and losing many men, the clans, when they came to the shock, swept the enemy from the plateau, drove them over the declivity, forced many to attempt crossing the Garry, where they were drowned, and followed, slaying, through the pass. Half of Hastings' regiment, untouched by the Highland charge, and all of Leven's men, stood their ground, and were standing there when sixteen of Dundee's horse returned from the pursuit. Mackay, who had lost his army, stole across the Garry with this remnant and made for Stirling. He knew not that Dundee lay on the field, dying in the arms of Victory. Precisely when and in what manner Dundee was slain is unknown; there is even a fair presumption, from letters of the English Government, that he was murdered by two men sent from England on some very secret mission. When last seen by his men, Dundee was plunged in the battle smoke, sword in hand, in advance of his horse.
When the Whigs—terrified by the defeat and expecting Dundee at Stirling with the clans and the cavaliers of the Lowlands—heard of his fall, their sorrow was changed into rejoicing. The cause of King James was mortally wounded by the death of “the glory of the Grahams,” who alone could lead and keep together a Highland host. Deprived of his leadership and distrustful of his successor, General Cannon, the clans gradually left the Royal Standard. The Cameronian regiment, recruited from the young men of the organised societies, had been ordered to occupy Dunkeld. Here they were left isolated, “in the air,” by Mackay or his subordinates, and on August 21 these raw recruits, under Colonel Cleland, who had fought at Drumclog, had to receive the attack of the Highlanders. Cleland had fortified the Abbey church and the “castle,” and his Cameronians fired from behind walls and from loopholes with such success that Cannon called off the clansmen, or could not bring them to a second attack: both versions are given. Cleland fell in the fight; the clans disbanded, and Mackay occupied the castle of Blair.
Three weeks later the Cameronians, being unpaid, mutinied; and Ross, Annandale, and Polwarth, urging their demands for constitutional rights, threw the Lowlands into a ferment. Crawford, whose manner of speech was sanctimonious, was evicting from their parishes ministers who remained true to Episcopacy, and would not pray for William and Mary. Polwarth now went to London with an address to these Sovereigns framed by “the Club,” the party of liberty. But the other leaders of that party, Annandale, Ross, and Montgomery of Skelmorley, all of them eager for place and office, entered into a conspiracy of intrigue with the Jacobites for James's restoration. In February 1690 the Club was distracted; and to Melville, as Commissioner in the Scottish Parliament, William gave orders that the Acts for re-establishing Presbytery and abolishing lay patronage of livings were to be passed. Montgomery was obliged to bid yet higher for the favour of the more extreme preachers and devotees,—but he failed. In April the Lords of the Articles were abolished at last, and freedom of parliamentary debate was thus secured. The Westminster Confession was reinstated, and in May, after the last remnants of a Jacobite force in the north had been surprised and scattered or captured by Sir Thomas Livingstone at Cromdale Haugh (May 1), the alliance of Jacobites and of the Club broke down, and the leaders of the Club saved themselves by playing the part of informers.
The new Act regarding the Kirk permitted the holding of Synods and General Assemblies, to be summoned by permission of William or of the Privy Council, with a Royal Commissioner present to restrain the preachers from meddling, as a body, with secular politics. The Kirk was to be organised by the “Sixty Bishops,” the survivors of the ministers ejected in 1663. The benefices of ejected Episcopalian conformists were declared to be vacant. Lay patronage was annulled: the congregations had the right to approve or disapprove of presentees. But the Kirk was deprived of her old weapon, the attachment of civil penalties (that is practical outlawry) to her sentences of excommunication (July 19, 1690). The Covenant was silently dropped.
Thus ended, practically, the war between Kirk and State which had raged for nearly a hundred and twenty years. The cruel torturing of Nevile Payne, an English Jacobite taken in Scotland, showed that the new sovereigns and Privy Council retained the passions and methods of the old, but this was the last occasion of judicial torture for political offences in Scotland. Payne was silent, but was illegally imprisoned till his death.
The proceedings of the restored General Assembly were awaited with anxiety by the Government. The extremists of the Remnant, the “Cameronians,” sent deputies to the Kirk. They were opposed to acknowledging sovereigns who were “the head of the Prelatics” in England, and they, not being supported by the Assembly, remained apart from the Kirk and true to the Covenants.
Much had passed which William disliked—the abolition of patronage, the persecution of Episcopalians—and Melville, in 1691, was removed by the king from the Commissionership.
The Highlands were still unsettled. In June 1691 Breadalbane, at heart a Jacobite, attempted to appease the chiefs by promises of money in settlement of various feuds, especially that of the dispossessed Macleans against the occupant of their lands, Argyll. Breadalbane was known by Hill, the commander of Fort William at Inverlochy, to be dealing between the clans and James, as well as between William and the clans. William, then campaigning in Flanders, was informed of this fact, thought it of no importance, and accepted a truce from July 1 to October 1 with Buchan, who commanded such feeble forces as still stood for James in the north. At the same time William threatened the clans, in the usual terms, with “fire and sword,” if the chiefs did not take the oaths to his Government by January 1, 1692. Money and titles under the rank of earldoms were to be offered to Macdonald of Sleat, Maclean of Dowart, Lochiel, Glengarry, and Clanranald, if they would come in. All declined the bait—if Breadalbane really fished with it. It is plain, contrary to Lord Macaulay's statement, that Sir John Dalrymple, William's trusted man for Scotland, at this time hoped for Breadalbane's success in pacifying the clans. But Dalrymple, by December 1691, wrote, “I think the Clan Donell must be rooted out, and Lochiel.” He could not mean that he hoped to massacre so large a part of the population. He probably meant by “punitive expeditions” in the modern phrase—by “fire and sword,” in the style current then—to break up the recalcitrants. Meanwhile it was Dalrymple's hope to settle ancient quarrels about the “superiorities” of Argyll over the Camerons, and the question of compensation for the lands reft by the Argyll family from the Macleans.
Before December 31, in fear of “fire and sword,” the chiefs submitted, except the greatest, Glengarry, and the least in power, MacIan or Macdonald, with his narrow realm of Glencoe, whence his men were used to plunder the cattle of their powerful neighbour, Breadalbane. Dalrymple now desired not peace, but the sword. By January 9, 1692, Dalrymple, in London, heard that Glencoe had come in (he had accidentally failed to come in by January 1), and Dalrymple was “sorry.” By January 11 Dalrymple knew that Glencoe had not taken the oath before January 1, and rejoiced in the chance to “root out that damnable sect.” In fact, in the end of December Glencoe had gone to Fort William to take the oaths before Colonel Hill, but found that he must do so before the Sheriff of the shire at remote Inveraray. Various accidents of weather delayed him; the Sheriff also was not at Inveraray when Glencoe arrived, but administered the oaths on January 6. The document was taken to Edinburgh, where Lord Stair, Dalrymple's father, and others caused it to be deleted. Glengarry was still unsworn, but Glengarry was too strong to be “rooted out”; William ordered his commanding officer, Livingstone, “to extirpate that sect of thieves,” the Glencoe men (January 16). On the same day Dalrymple sent down orders to hem in the MacIans, and to guard all the passes, by land or water, from their glen. Of the actual method of massacre employed Dalrymple may have been ignorant; but orders “from Court” to “spare none,” and to take no prisoners, were received by Livingstone on January 23.
On February 1, Campbell of Glenlyon, with 120 men, was hospitably received by MacIan, whose son, Alexander, had married Glenlyon's niece. On February 12, Hill sent 400 of his Inverlochy garrison to Glencoe to join hands with 400 of Argyll's regiment, under Major Duncanson. These troops were to guard the southern passes out of Glencoe, while Hamilton was to sweep the passes from the north.
At 5 A.M. on February 13 the soldier-guests of MacIan began to slay and plunder. Men, women, and children were shot or bayoneted, 1000 head of cattle were driven away; but Hamilton arrived too late. Though the aged chief had been shot at once, his sons took to the hills, and the greater part of the population escaped with their lives, thanks to Hamilton's dilatoriness. “All I regret is that any of the sect got away,” wrote Dalrymple on March 5, “and there is necessity to prosecute them to the utmost.” News had already reached London “that they are murdered in their beds.” The newspapers, however, were silenced, and the story was first given to Europe in April by the 'Paris Gazette.' The crime was unprecedented: it had no precedent, admits of no apology. Many an expedition of “fire and sword” had occurred, but never had there been a midnight massacre “under trust” of hosts by guests. King William, on March 6, went off to his glorious wars on the Continent, probably hoping to hear that the fugitive MacIans were still being “prosecuted”—if, indeed, he thought of them at all. But by October they were received into his peace.
William was more troubled by the General Assembly, which refused to take oaths of allegiance to him and his wife, and actually appointed a date for an Assembly without his consent. When he gave it, it was on condition that the members should take the oaths of allegiance. They refused: it was the old deadlock, but William at the last moment withdrew from the imposition of oaths of allegiance—moved, it is said, by Mr Carstares, “Cardinal Carstares,” who had been privy to the Rye House Plot. Under Queen Anne, however, the conscientious preachers were compelled to take the oaths like mere laymen.
The Scottish Parliament of May-July 1695, held while William was abroad, saw the beginning of evils for Scotland. The affair of Glencoe was examined into by a Commission, headed by Tweeddale, William's Commissioner: several Judges sat in it. Their report cleared William himself: Dalrymple, it was found, had “exceeded his instructions.” Hill was exonerated. Hamilton, who commanded the detachment that arrived too late, fled the country. William was asked to send home for trial Duncanson and other butchers who were with his army. The king was also invited to deal with Dalrymple as he thought fit. He thought fit to give Dalrymple an indemnity, and made him Viscount Stair, with a grant of money, but did not retain him in office. He did not send the subaltern butchers home for trial. Many years later, in 1745, the MacIans insisted on acting as guards of the house and family of the descendant of Campbell of Glenlyon, the guest and murderer of the chief of Glencoe.
Perhaps by way of a sop to the Scots, William allowed an Act for the Establishment of a Scottish East India Company to be passed on June 20, 1695. He afterwards protested that in this matter he had been “badly served,” probably meaning “misinformed.” The result was the Darien Expedition, a great financial disaster for Scotland, and a terrible grievance. Hitherto since the Union of the Crowns all Scottish efforts to found trading companies, as in England, had been wrecked on English jealousy: there had always been, and to this new East India Company there was, a rival, a pre-existing English company. Scottish Acts for protection of home industries were met by English retaliation in a war of tariffs. Scotland had prohibited the exportation of her raw materials, such as wool, but was cut off from English and other foreign markets for her cloths. The Scots were more successful in secret and unlegalised trading with their kinsmen in the American colonies.
The Scottish East India Company's aim was to sell Scottish goods in many places, India for example; and it was secretly meant to found a factory and central mart on the isthmus of Panama. For these ends capital was withdrawn from the new and unsuccessful manufacturing companies. The great scheme was the idea of William Paterson (born 1658), the far-travelled and financially-speculative son of a farmer in Dumfriesshire. He was the “projector,” or one of the projectors, of the Bank of England of 1694, investing £2000. He kept the Darien part of his scheme for an East India Company in the background, and it seems that William, when he granted a patent to that company, knew nothing of this design to settle in or near the Panama isthmus, which was quite clearly within the Spanish sphere of influence. When the philosopher John Locke heard of the scheme, he wished England to steal the idea and seize a port in Darien: it thus appears that he too was unaware that to do so was to inflict an insult and injury on Spain. There is reason to suppose that the grant of the patent to the East India Company was obtained by bribing some Scottish politician or politicians unnamed, though one name is not beyond probable conjecture.
In any case Paterson admitted English capitalists, who took up half of the shares, as the Act of Patent permitted them to do. By December William was writing that he “had been ill-served by some of my Ministers.” He had no notice of the details of the Act of Patent till he had returned to England, and found English capitalists and the English Parliament in a fury. The Act committed William to interposing his authority if the ships of the company were detained by foreign powers, and gave the adventurers leave to take “reparation” by force from their assailants (this they later did when they captured in the Firth of Forth an English vessel, the Worcester).
On the opening of the books of the new company in London (October 1695) there had been a panic, and a fall of twenty points in the shares of the English East India Company. The English Parliament had addressed William in opposition to the Scots Company. The English subscribers of half the paid up capital were terrorised, and sold out. Later, Hamburg investments were cancelled through William's influence. All lowland Scotland hurried to invest—in the dark—for the Darien part of the scheme was practically a secret: it was vaguely announced that there was to be a settlement somewhere, “in Africa or the Indies, or both.” Materials of trade, such as wigs, combs, Bibles, fish-hooks, and kid-gloves, were accumulated. Offices were built—later used as an asylum for pauper lunatics.
When, in July 1697, the secret of Panama came out, the English Council of Trade examined Dampier, the voyager, and (September) announced that the territory had never been Spain's, and that England ought to anticipate Scotland by seizing Golden Island and the port on the mainland.
In July 1698 the Council of the intended Scots colony was elected, bought three ships and two tenders, and despatched 1200 settlers with two preachers, but with most inadequate provisions, and flour as bad as that paid to Assynt for the person of Montrose. On October 30, in the Gulf of Darien they found natives who spoke Spanish; they learned that the nearest gold mines were in Spanish hands, and that the chiefs were carrying Spanish insignia of office. By February 1699 the Scots and Spaniards were exchanging shots. Presently a Scottish ship, cruising in search of supplies, was seized by the Spanish at Carthagena; the men lay in irons at Seville till 1700. Spain complained to William, and the Scots seized a merchant ship. The English Governor of Jamaica forbade his people, by virtue of a letter addressed by the English Government to all the colonies, to grant supplies to the starving Scots, most of whom sailed away from the colony in June, and suffered terrible things by sea and land. Paterson returned to Scotland. A new expedition which left Leith on May 12, 1699, found at Darien some Scots in two ships, and remained on the scene, distracted by quarrels, till February 1700, when Campbell of Fonab, sent with provisions in the Speedy Return from Scotland, arrived to find the Spaniards assailing the adventurers. He cleared the Spaniards out of their fort in fifteen minutes, but the Colonial Council learned that Spain was launching a small but adequate armada against them. After an honourable resistance the garrison capitulated, and marched out with colours flying (March 30). This occurred just when Scotland was celebrating the arrival of the news of Fonab's gallant feat of arms.
At home the country was full of discontent: William's agent at Hamburg had prevented foreigners from investing in the Scots company. English colonists had been forbidden to aid the Scottish adventurers. Two hundred thousand pounds, several ships, and many lives had been lost. “It is very like 1641,” wrote an onlooker, so fierce were the passions that raged against William. The news of the surrender of the colonists increased the indignation. The king refused (November 1700) to gratify the Estates by regarding the Darien colony as a legal enterprise. To do so was to incur war with Spain and the anger of his English subjects. Yet the colony had been legally founded in accordance with the terms of the Act of Patent. While the Scots dwelt on this fact, William replied that the colony being extinct, circumstances were altered. The Estates voted that Darien was a lawful colony, and (1701) in an address to the Crown demanded compensation for the nation's financial losses. William replied with expressions of sympathy and hopes that the two kingdoms would consider a scheme of Union. A Bill for Union brought in through the English Lords was rejected by the English Commons.
There was hardly an alternative between Union and War between the two nations. War there would have been had the exiled Prince of Wales been brought up as a Presbyterian. His father James VII. died a few months before William III. passed away on March 7, 1702. Louis XIV. acknowledged James, Prince of Wales, as James III. of England and Ireland and VIII, of Scotland; and Anne, the boy's aunt, ascended the throne. As a Stuart she was not unwelcome to the Jacobites, who hoped for various chances, as Anne was believed to be friendly to her nephew.
In 1701 was passed an Act for preventing wrongous imprisonment and against undue delay in trials. But Nevile Payne continued to be untried and illegally imprisoned. Offenders, generally, could “run their letters” and protest, if kept in durance untried for sixty days.
The Revolution of 1688-89, with William's very reluctant concessions, had placed Scotland in entirely new relations with England. Scotland could now no longer be “governed by the pen” from London; Parliament could no longer be bridled and led, at English will, by the Lords of the Articles. As the religious mainspring of Scottish political life, the domination of the preachers had been weakened by the new settlement of the Kirk; as the country was now set on commercial enterprises, which England everywhere thwarted, it was plain that the two kingdoms could not live together on the existing terms. Union there must be, or conquest, as under Cromwell; yet an English war of conquest was impossible, because it was impossible for Scotland to resist. Never would the country renew, as in the old days, the alliance of France, for a French alliance meant the acceptance by Scotland of a Catholic king.
England, on her side, if Union came, was accepting a partner with very poor material resources. As regards agriculture, for example, vast regions were untilled, or tilled only in the straths and fertile spots by the hardy clansmen, who could not raise oats enough for their own subsistence, and periodically endured famines. In “the ill years" of William, years of untoward weather, distress had been extreme. In the fertile Lowlands that old grievance, insecurity of tenure, and the raising of rents in proportion to improvements made by the tenants, had baffled agriculture. Enclosures were necessary for the protection of the crops, but even if tenants or landlords had the energy or capital to make enclosures, the neighbours destroyed them under cloud of night. The old labour-services were still extorted; the tenant's time and strength were not his own. Land was exhausted by absence of fallows and lack of manure. The country was undrained, lochs and morasses covered what is now fertile land, and hillsides now in pasture were under the plough. The once prosperous linen trade had suffered from the war of tariffs.
The life of the burghs, political and municipal and trading, was little advanced on the mediæval model. The independent Scot steadily resisted instruction from foreign and English craftsmen in most of the mechanical arts. Laws for the encouragement of trades were passed and bore little fruit. Companies were founded and were ruined by English tariffs and English competition. The most energetic of the population went abroad, here they prospered in commerce and in military service, while an enormous class of beggars lived on the hospitality of their neighbours at home. In such conditions of inequality it was plain that, if there was to be a Union, the adjustment of proportions of taxation and of representation in Parliament would require very delicate handling, while the differences of Church Government were certain to cause jealousies and opposition.
The Scottish Parliament was not dissolved at William's death, nor did it meet at the time when, legally, it ought to have met. Anne, in a message, expressed hopes that it would assent to Union, and promised to concur in any reasonable scheme for compensating the losers by the Darien scheme. When Parliament met, Queensberry, being Commissioner, soon found it necessary (June 30, 1702) to adjourn. New officers of State were then appointed, and there was a futile meeting between English and Scottish Commissioners chosen by the Queen to consider the Union.
Then came a General Election (1703), which gave birth to the last Scottish Parliament. The Commissioner, Queensberry, and the other officers of State, “the Court party,” were of course for Union; among them was prominent that wavering Earl of Mar who was so active in promoting the Union, and later precipitated the Jacobite rising of 1715. There were in Parliament the party of Courtiers, friends of England and Union; the party of Cavaliers, that is Jacobites; and the Country party, led by the Duke of Hamilton, who was in touch with the Jacobites, but was quite untrustworthy, and much suspected of desiring the Crown of Scotland for himself.
Queensberry cozened the Cavaliers—by promises of tolerating their Episcopalian religion—into voting a Bill recognising Anne, and then broke his promise. The Bill for tolerating worship as practised by the Episcopalians was dropped; for the Commissioner of the General Assembly of the Kirk declared that such toleration was “the establishment of iniquity by law.”
Queensberry's one aim was to get Supply voted, for war with France had begun. But the Country and the Cavalier parties refused Supply till an Act of Security for religion, liberty, law, and trade should be passed. The majority decided that, on the death of Anne, the Estates should name as king of Scotland a Protestant representative of the House of Stewart, who should not be the successor to the English crown, save under conditions guaranteeing Scotland as a sovereign state, with frequent Parliaments, and security for Scottish navigation, colonies, trade, and religion (the Act of Security).
It was also decided that landholders and the burghs should drill and arm their tenants and dependants—if Protestant. Queensberry refused to pass this Act of Security; Supply, on the other side, was denied, and after a stormy scene Queensberry prorogued Parliament (September 16, 1703).
In the excitement, Atholl had deserted the Court party and voted with the majority. He had a great Highland following, he might throw it on the Jacobite side, and the infamous intriguer, Simon Frazer (the Lord Lovat of 1745), came over from France and betrayed to Queensberry a real or a feigned intrigue of Atholl with France and with the Ministers of James VIII., called “The Pretender.”
Atholl was the enemy of Frazer, a canting, astute, and unscrupulous ruffian. Queensberry conceived that in a letter given to him by Lovat he had irrefutable evidence against Atholl as a conspirator, and he allowed Lovat to return to France, where he was promptly imprisoned as a traitor. Atholl convinced Anne of his own innocence, and Queensberry fell under ridicule and suspicion, lost his office of Commissioner, and was superseded by Tweeddale. In England the whole complex affair of Lovat's revelations was known as “The Scottish Plot”; Hamilton was involved, or feared he might be involved, and therefore favoured the new proposals of the Courtiers and English party for placing limits on the prerogative of Anne's successor, whoever he might be.
In the Estates (July 1704), after months passed in constitutional chicanery, the last year's Act of Security was passed and touched with the sceptre; and the House voted Supply for six months. But owing to a fierce dispute on private business—namely, the raising of the question, “Who were the persons accused in England of being engaged in the 'Scottish Plot'?”—no hint of listening to proposals for Union was uttered. Who could propose, as Commissioners to arrange Union, men who were involved—or in England had been accused of being involved—in the plot? Scotland had not yet consented that whoever succeeded Anne in England should also succeed in Scotland. They retained a means of putting pressure on England, the threat of having a separate king; they had made and were making military preparations (drill once a-month!), and England took up the gauntlet. The menacing attitude of Scotland was debated on with much heat in the English Upper House (November 29), and a Bill passed by the Commons declared the retaliatory measures which England was ready to adopt.
It was at once proved that England could put a much harder pinch on Scotland than Scotland could inflict on England. Scottish drovers were no longer to sell cattle south of the Border, Scottish ships trading with France were to be seized, Scottish coals and linen were to be excluded, and regiments of regular troops were to be sent to the Border if Scotland did not accept the Hanoverian succession before Christmas 1705. If it came to war, Scotland could expect no help from her ancient ally, France, unless she raised the standard of King James. As he was a Catholic, the Kirk would prohibit this measure, so it was perfectly clear to every plain man that Scotland must accept the Union and make the best bargain she could.
In spring 1705 the new Duke of Argyll, “Red John of the Battles,” a man of the sword and an accomplished orator, was made Commissioner, and, of course, favoured the Union, as did Queensberry and the other officers of State. Friction between the two countries arose in spring, when an Edinburgh jury convicted, and the mob insisted on the execution of, an English Captain Green, whose ship, the Worcester, had been seized in the Forth by Roderick Mackenzie, Secretary of the Scottish East India Company. Green was supposed to have captured and destroyed a ship of the Company's, the Speedy Return, which never did return. It was not proved that this ship had been Green's victim, but that he had committed acts of piracy is certain. The hanging of Green increased the animosity of the sister kingdoms.
When Parliament met, June 28, 1705, it was a parliament of groups. Tweeddale and others, turned out of office in favour of Argyll's Government, formed the Flying Squadron (Squadrone volante), voting in whatever way would most annoy the Government. Argyll opened by proposing, as did the Queen's Message, the instant discussion of the Union (July 3). The House preferred to deliberate on anything else, and the leader of the Jacobites or Cavaliers, Lockhart of Carnwath, a very able sardonic man, saw that this was, for Jacobite ends, a tactical error. The more time was expended the more chance had Queensberry to win votes for the Union. Fletcher of Saltoun, an independent and eloquent patriot and republican, wasted time by impossible proposals. Hamilton brought forward, and by only two votes lost, a proposal which England would never have dreamed of accepting. Canny Jacobites, however, abstained from voting, and thence Lockhart dates the ruin of his country. Supply, at all events, was granted, and on that Argyll adjourned. The queen was to select Commissioners of both countries to negotiate the Treaty of Union; among the Commissioners Lockhart was the only Cavalier, and he was merely to watch the case in the Jacobite interest.
The meetings of the two sets of Commissioners began at Whitehall on April 16. It was arranged that all proposals, modifications, and results should pass in writing, and secrecy was to be complete.
The Scots desired Union with Home Rule, with a separate Parliament. The English would negotiate only on the lines that the Union was to be complete, “incorporating,” with one Parliament for both peoples. By April 25, 1706, the Scots Commissioners saw that on this point they must acquiesce; the defeat of the French at Ramilies (May 23) proved that, even if they could have leaned on the French, France was a broken reed. International reciprocity in trade, complete freedom of trade at home and abroad, they did obtain.
As England, thanks to William III. with his incessant Continental wars, had already a great National debt, of which Scotland owed nothing, and as taxation in England was high, while Scottish taxes under the Union would rise to the same level, and to compensate for the Darien losses, the English granted a pecuniary “Equivalent” (May 10). They also did not raise the Scottish taxes on windows, lights, coal, malt, and salt to the English level, that of war-taxation. The Equivalent was to purchase the Scottish shares in the East India Company, with interest at five per cent up to May 1, 1707. That grievance of the shareholders was thus healed, what public debt Scotland owed was to be paid (the Equivalent was about £400,000), and any part of the money unspent was to be given to improve fisheries and manufactures.
The number of Scottish members of the British Parliament was fixed at forty-five. On this point the Scots felt that they were hardly used; the number of their elected representatives of peers in the Lords was sixteen. Scotland retained her Courts of Law; the feudal jurisdictions which gave to Argyll and others almost princely powers were retained, and Scottish procedure in trials continued to vary much from the English model. Appeals from the Court of Session had previously been brought before the Parliament of Scotland; henceforth they were to be heard by the Judges, Scots and English, in the British House of Lords. On July 23, 1706, the treaty was completed; on October 3 the Scottish Parliament met to debate on it, with Queensberry as Commissioner. Harley, the English Minister, sent down the author of 'Robinson Crusoe' to watch, spy, argue, persuade, and secretly report, and De Foe's letters contain the history of the session.
The parties in Parliament were thus variously disposed: the Cavaliers, including Hamilton, had been approached by Louis XIV. and King James (the Pretender), but had not committed themselves. Queensberry always knew every risky step taken by Hamilton, who began to take several, but in each case received a friendly warning which he dared not disregard. At the opposite pole, the Cameronians and other extreme Presbyterians loathed the Union, and at last (November-December) a scheme for the Cameronians and the clans of Angus and Perthshire to meet in arms in Edinburgh and clear out the Parliament caused much alarm. But Hamilton, before the arrangement came to a head, was terrorised, and the intentions of the Cameronians, as far as their records prove, had never been officially ratified by their leaders. {250} There was plenty of popular rioting during the session, but Argyll rode into Edinburgh at the head of the Horse Guards, and Leven held all the gates with drafts from the garrison of the castle. The Commissioners of the General Assembly made protests on various points, but were pacified after the security of the Kirk had been guaranteed. Finally, Hamilton prepared a parliamentary mine, which would have blown the Treaty of Union sky-high, but on the night when he should have appeared in the House and set the match to his petard—he had toothache! This was the third occasion on which he had deserted the Cavaliers; the Opposition fell to pieces. The Squadrone volante and the majority of the peers supported the Bill, which was passed. On January 16, 1707, the Treaty of Union was touched with the sceptre, “and there is the end of an auld sang,” said Seafield. In May 1707 a solemn service was held at St Paul's to commemorate the Union.
There was much friction in the first year of the Union over excisemen and tax-collectors: smuggling began to be a recognised profession. Meanwhile, since 1707, a Colonel Hooke had been acting in Scotland, nominally in Jacobite, really rather in French interests. Hooke's intrigues were in part betrayed by De Foe's agent, Ker of Kersland, an amusingly impudent knave, and were thwarted by jealousies of Argyll and Hamilton. By deceptive promises (for he was himself deceived into expecting the aid of the Ulster Protestants) Hooke induced Louis XIV. to send five men-of-war, twenty-one frigates, and only two transports, to land James in Scotland (March 1708). The equinoctial gales and the severe illness of James, who insisted on sailing, delayed the start; the men on the outlook for the fleet were intoxicated, and Forbin, the French commander, observing English ships of war coming towards the Firth of Forth, fled, refusing James's urgent entreaties to be landed anywhere on the coast (March 24). It was believed that had he landed only with a valet the discontented country would have risen for their native king.
In Parliament (1710-1711) the Cavalier Scottish members, by Tory support, secured the release from prison of a Rev. Mr Greenshields, an Episcopalian who prayed for Queen Anne, indeed, but had used the liturgy. The preachers were also galled by the imposition on them of an abjuration oath, compelling them to pray for prelatical Queen Anne. Lay patronage of livings was also restored (1712) after many vicissitudes, and this thorn rankled in the Kirk, causing ever-widening strife for more than a century.
The imposition of a malt tax produced so much discontent that even Argyll, with all the Scottish members of Parliament, was eager for the repeal of the Act of Union, and proposed it in the House of Peers, when it was defeated by a small majority. In 1712, when about to start on a mission to France, Hamilton was slain in a duel by Lord Mohun. According to a statement of Lockhart's, “Cavaliers were to look for the best” from Hamilton's mission: it is fairly clear that he was to bring over James in disguise to England, as in Thackeray's novel, 'Esmond.' But the sword of Mohun broke the Jacobite plans. Other hopes expired when Bolingbroke and Harley quarrelled, and Queen Anne died (August 1, 1714). “The best cause in Europe was lost,” cried Bishop Atterbury, “for want of spirit.” He would have proclaimed James as king, but no man supported him, and the Elector of Hanover, George I., peacefully accepted the throne.
For a year the Scottish Jacobites, and Bolingbroke, who fled to France and became James's Minister, mismanaged the affairs of that most unfortunate of princes. By February 1715 the Earl of Mar, who had been distrusted and disgraced by George I., was arranging with the clans for a rising, while aid from Charles XII. of Sweden was expected from March to August 1715. It is notable that Charles had invited Dean Swift to visit his Court, when Swift was allied with Bolingbroke and Oxford. From the author of 'Gulliver' Charles no doubt hoped to get a trustworthy account of their policy. The fated rising of 1715 was occasioned by the Duke of Berwick's advice to James that he must set forth to Scotland or lose his honour. The prince therefore, acting hastily on news which, two or three days later, proved to be false, in a letter to Mar fixed August 10 for a rising. The orders were at once countermanded, when news proving their futility was received, but James's messenger, Allan Cameron, was detained on the road, and Mar, not waiting for James's answer to his own last despatch advising delay, left London for Scotland without a commission; on August 27 held an Assembly of the chiefs, and, still without a commission from James, raised the standard of the king on September 6. {254a}
The folly of Mar was consummate. He knew that Ormonde, the hope of the English Jacobites, had deserted his post and had fled to France.
Meanwhile Louis XIV. was dying; he died on August 30, and the Regent d'Orléans, at the utmost, would only connive at, not assist, James's enterprise.
Everything was contrary, everywhere was ignorance and confusion. Lord John Drummond's hopeful scheme for seizing Edinburgh Castle (September 8) was quieted pulveris exigui jactu, “the gentlemen were powdering their hair”—drinking at a tavern—and bungled the business. The folly of Government offered a chance: in Scotland they had but 2000 regulars at Stirling, where “Forth bridles the wild Highlandman.” Mar, who promptly occupied Perth, though he had some 12,000 broadswords, continued till the end to make Perth his headquarters. A Montrose, a Dundee, even a Prince Charles, would have “masked” Argyll at Stirling and seized Edinburgh. In October 21-November 3, Berwick, while urging James to sail, absolutely refused to accompany him. The plans of Ormonde for a descent on England were betrayed by Colonel Maclean, in French service (November 4). In disguise and narrowly escaping from murderous agents of Stair (British ambassador to France) on his road, {254b} James journeyed to St Malo (November 8).
In Scotland the Macgregors made a futile attempt on Dumbarton Castle, while Glengarry and the Macleans advanced on Inveraray Castle, negotiated with Argyll's brother, the Earl of Islay, and marched back to Strathfillan. In Northumberland Forster and Derwentwater, with some Catholic fox-hunters, in Galloway the pacific Viscount Kenmure, cruised vaguely about and joined forces. Mackintosh of Borlum, by a well-concealed movement, carried a Highland detachment of 1600 men across the Firth of Forth by boats (October 12-13), with orders to join Forster and Kenmure and arouse the Border. But on approaching Edinburgh Mackintosh found Argyll with 500 dragoons ready to welcome him; Mar took no advantage of Argyll's absence from Stirling, and Mackintosh, when Argyll returned thither, joined Kenmure and Forster, occupied Kelso, and marched into Lancashire. The Jacobite forces were pitifully ill-supplied, they had very little ammunition (the great charge against Bolingbroke was that he sent none from France), they seem to have had no idea that powder could be made by the art of man; they were torn by jealousies, and dispirited by their observation of Mar's incompetence.
We cannot pursue in detail the story of the futile campaign. On November 12 the mixed Highland, Lowland, and English command found itself cooped up in Preston, and after a very gallant defence of the town the English leaders surrendered to the king's mercy, after arranging an armistice which made it impossible for Mackintosh to cut his way through the English ranks and retreat to the north. About 1600 prisoners were taken. Derwentwater and Kenmure were later executed. Forster and Nithsdale made escapes; Charles Wogan, a kinsman of the chivalrous Wogan of 1650, and Mackintosh, with six others, forced their way out of Newgate prison on the night before their trial. Wogan was to make himself heard of again. Mar had thrown away his Highlanders, with little ammunition and without orders, on a perfectly aimless and hopeless enterprise.
Meanwhile he himself, at Perth, had been doing nothing, while in the north, Simon Frazer (Lord Lovat) escaped from his French prison, raised his clan and took the castle of Inverness for King George. He thus earned a pardon for his private and public crimes, and he lived to ruin the Jacobite cause and lose his own head in 1745-46.
While the north, Ross-shire and Inverness, were daunted and thwarted by the success of Lovat, Mar led his whole force from Perth to Dunblane, apparently in search of a ford over Forth. His Frazers and many of his Gordons deserted on November 11; on November 12 Mar, at Ardoch (the site of an old Roman camp), learned that Argyll was marching through Dunblane to meet him. Next day Mar's force occupied the crest of rising ground on the wide swell of Sheriffmuir: his left was all disorderly; horse mixed with foot; his right, with the fighting clans, was well ordered, but the nature of the ground hid the two wings of the army from each other. On the right the Macdonalds and Macleans saw Clanranald fall, and on Glengarry's cry, “Vengeance to-day!” they charged with the claymore and swept away the regulars of Argyll as at Killiecrankie and Prestonpans. But, as the clans pursued and slew, their officers whispered that their own centre and left were broken and flying. Argyll had driven them to Allan Water; his force, returning, came within close range of the victorious right of Mar. “Oh, for one hour of Dundee!” cried Gordon of Glenbucket, but neither party advanced to the shock. Argyll retired safely to Dunblane, while Mar deserted his guns and powder-carts, and hurried to Perth. He had lost the gallant young Earl of Strathmore and the brave Clanranald; on Argyll's side his brother Islay was wounded, and the Earl of Forfar was slain. Though it was a drawn battle, it proved that Mar could not move: his forces began to scatter; Huntly was said to have behaved ill. It was known that Dutch auxiliaries were to reinforce Argyll, and men began to try to make terms of surrender. Huntly rode off to his own country, and on December 22 (old style) James landed at Peterhead.
James had no lack of personal courage. He had charged again and again at Malplaquet with the Household cavalry of Louis XIV., and he had encountered great dangers of assassination on his way to St Malo. But constant adversity had made him despondent and resigned, while he saw facts as they really were with a sad lucidity. When he arrived in his kingdom the Whig clans of the north had daunted Seaforth's Mackenzies, while in the south Argyll, with his Dutch and other fresh reinforcements, had driven Mar's men out of Fife. Writing to Bolingbroke, James described the situation. Mar, with scarcely any ammunition, was facing Argyll with 11,000 men; the north was held in force by the Whig clans, Mackays, Rosses, Munroes, and Frazers; deep snow alone delayed the advance of Argyll, now stimulated by the hostile Cadogan, Marlborough's favourite, and it was perfectly plain that all was lost.
For the head of James £100,000 was offered by Hanoverian chivalry: he was suffering from fever and ague; the Spanish gold that had at last been sent to him was lost at sea off Dundee, and it is no wonder that James, never gay, presented to his troops a disconsolate and discouraging aspect.
On January 29 his army evacuated Perth; James wept at the order to burn the villages on Argyll's line of march, and made a futile effort to compensate the people injured. From Montrose (February 3-14) he wrote for aid to the French Regent, but next day, urged by Mar, and unknown to his army, he, with Mar, set sail for France. This evasion was doubtless caused by a circumstance unusual in warfare: there was a price of £100,000 on James's head, moreover his force had not one day's supply of powder. Marshal Keith (brother of the Earl Marischal who retreated to the isles) says that perhaps one day's supply of powder might be found at Aberdeen. Nevertheless the fighting clans were eager to meet Argyll, and would have sold their lives at a high price. They scattered to their western fastnesses. The main political result, apart from executions and the passing of forfeited estates into the management of that noted economist, Sir Richard Steele, and other commissioners, was—the disgrace of Argyll. He, who with a petty force had saved Scotland, was represented by Cadogan and by his political enemies as dilatory and disaffected! The Duke lost all his posts, and in 1716 (when James had hopes from Sweden) Islay, Argyll's brother, was negotiating with Jacobite agents. James was creating him a peer of England!
In Scotland much indignation was aroused by the sending of Scottish prisoners of war out of the kingdom for trial—namely, to Carlisle—and by other severities. The Union had never been more unpopular: the country looked on itself as conquered, and had no means of resistance, for James, now residing at Avignon, was a Catholic, and any insults and injuries from England were more tolerable than a restored nationality with a Catholic king.
Into the Jacobite hopes and intrigues, the eternal web which from 1689 to 1763 was ever being woven and broken, it is impossible here to enter, though, in the now published Stuart Papers, the details are well known. James was driven from Avignon to Italy, to Spain, finally to live a pensioner at Rome. The luckless attempt of the Earl Marischal, Keith, his brother, and Lord George Murray, brother of the Duke of Atholl, to invade Scotland on the west with a small Spanish force, was crushed on June 10, 1719, in the pass of Glenshiel.
Two or three months later, James, returning from Spain, married the fair and hapless Princess Clementina Sobieska, whom Charles Wogan, in an enterprise truly romantic, had rescued from prison at Innspruck and conveyed across the Alps. From this wedding, made wretched by the disappointment of the bride with her melancholy lord,—always busied with political secrets from which she was excluded,—was born, on December 31, 1720, Charles Edward Stuart: from his infancy the hope of the Jacobite party; from his cradle surrounded by the intrigues, the jealousies, the adulations of an exiled Court, and the quarrels of Protestants and Catholics, Irish, Scottish, and English. Thus, among changes of tutors and ministers, as the discovery or suspicion of treachery, the bigotry of Clementina, and the pressure of other necessities might permit, was that child reared whose name, at least, has received the crown of Scottish affection and innumerable tributes of Scottish song.
Leaving the fortunes of the Jacobite party at their lowest ebb, and turning to the domestic politics of Scotland, after 1719, we find that if it be happiness to have no history, Scotland had much reason to be content. There was but a dull personal strife between the faction of Argyll and his brother Islay (called the “Argathelians,” from the Latinised Argathelia, or Argyll), and the other faction known, since the Union, as the Squadrone volante, or Flying Squadron, who professed to be patriotically independent. As to Argyll, he had done all that man might do for George I. But, as we saw, the reports of Cadogan and the jealousy of George (who is said to have deemed Argyll too friendly with his detested heir) caused the disgrace of the Duke in 1716, and the Squadrone held the spoils of office. But in February-April 1719 George reversed his policy, heaped Argyll with favours, made him, as Duke of Greenwich, a peer of England, and gave him the High Stewardship of the Household.
At this time all the sixteen representative peers of Scotland favoured, for various reasons of their own, a proposed Peerage Bill. The Prince of Wales might, when he came to the throne, swamp the Lords by large new creations in his own interest, and the Bill laid down that, henceforth, not more than six peers, exclusive of members of the Royal Family, should be created by any sovereign; while in place of sixteen representative Scotland should have twenty-five permanent peers. From his new hatred of the Prince of Wales, Argyll favoured the Bill, as did the others of the sixteen of the moment, because they would be among the permanencies. The Scottish Jacobite peers (not representatives) and the Commons of both countries opposed the Bill. The election of a Scottish representative peer at this juncture led to negotiations between Argyll and Lockhart as leader of the suffering Jacobites, but terms were not arrived at; the Government secured a large Whig majority in a general election (1722), and Walpole began his long tenure of office.