The History of England, from the Accession of James II — Volume 3

The Convention, therefore, with little debate as it should seem, inserted in the Claim of Right a clause declaring that prelacy was an insupportable burden to the kingdom, that it had been long odious to the body of the people, and that it ought to be abolished.

Nothing in the proceedings at Edinburgh astonishes an Englishman more than the manner in which the Estates dealt with the practice of torture. In England torture had always been illegal. In the most servile times the judges had unanimously pronounced it so. Those rulers who had occasionally resorted to it had, as far as was possible, used it in secret, had never pretended that they had acted in conformity with either statute law or common law, and had excused themselves by saying that the extraordinary peril to which the state was exposed had forced them to take on themselves the responsibility of employing extraordinarily means of defence. It had therefore never been thought necessary by any English Parliament to pass any Act or resolution touching this matter. The torture was not mentioned in the Petition of Right, or in any of the statutes framed by the Long Parliament. No member of the Convention of 1689 dreamed of proposing that the instrument which called the Prince and Princess of Orange to the throne should contain a declaration against the using of racks and thumbscrews for the purpose of forcing prisoners to accuse themselves. Such a declaration would have been justly regarded as weakening rather than strengthening a rule which, as far back as the days of the Plantagenets, had been proudly declared by the most illustrious sages of Westminster Hall to be a distinguishing feature of the English jurisprudence, 306 In the Scottish Claim of Right, the use of torture, without evidence, or in ordinary cases, was declared to be contrary to law. The use of torture, therefore, where there was strong evidence, and where the crime was extraordinary, was, by the plainest implication, declared to be according to law; nor did the Estates mention the use of torture among the grievances which required a legislative remedy. In truth, they could not condemn the use of torture without condemning themselves. It had chanced that, while they were employed in settling the government, the eloquent and learned Lord President Lockhart had been foully murdered in a public street through which he was returning from church on a Sunday. The murderer was seized, and proved to be a wretch who, having treated his wife barbarously and turned her out of doors, had been compelled by a decree of the Court of Session to provide for her. A savage hatred of the judges by whom she had been protected had taken possession of his mind, and had goaded him to a horrible crime and a horrible fate. It was natural that an assassination attended by so many circumstances of aggravation should move the indignation of the members of the Convention. Yet they should have considered the gravity of the conjuncture and the importance of their own mission. They unfortunately, in the heat of passion, directed the magistrates of Edinburgh to strike the prisoner in the boots, and named a Committee to superintend the operation. But for this unhappy event, it is probable that the law of Scotland concerning torture would have been immediately assimilated to the law of England, 307

Having settled the Claim of Right, the Convention proceeded to revise the Coronation oath. When this had been done, three members were appointed to carry the Instrument of Government to London. Argyle, though not, in strictness of law, a Peer, was chosen to represent the Peers: Sir James Montgomery represented the Commissioners of Shires, and Sir John Dalrymple the Commissioners of Towns.

The Estates then adjourned for a few weeks, having first passed a vote which empowered Hamilton to take such measures as might be necessary for the preservation of the public peace till the end of the interregnum.

The ceremony of the inauguration was distinguished from ordinary pageants by some highly interesting circumstances. On the eleventh of May the three Commissioners came to the Council Chamber at Whitehall, and thence, attended by almost all the Scotchmen of note who were then in London, proceeded to the Banqueting House. There William and Mary appeared seated under a canopy. A splendid circle of English nobles, and statesmen stood round the throne: but the sword of state as committed to a Scotch lord; and the oath of office was administered after the Scotch fashion. Argyle recited the words slowly. The royal pair, holding up their hands towards heaven, repeated after him till they came to the last clause. There William paused. That clause contained a promise that he would root out all heretics and all enemies of the true worship of God; and it was notorious that, in the opinion of many Scotchmen, not only all Roman Catholics, but all Protestant Episcopalians, all Independents, Baptists and Quakers, all Lutherans, nay all British Presbyterians who did not hold themselves bound by the Solemn League and Covenant, were enemies of the true worship of God, 308 The King had apprised the Commissioners that he could not take this part of the oath without a distinct and public explanation; and they had been authorised by the Convention to give such an explanation as would satisfy him. "I will not," he now said, "lay myself under any obligation to be a persecutor." "Neither the words of this oath," said one of the Commissioners, "nor the laws of Scotland, lay any such obligation on your Majesty." "In that sense, then, I swear," said William; "and I desire you all, my lords and gentlemen, to witness that I do so." Even his detractors have generally admitted that on this great occasion he acted with uprightness, dignity, and wisdom, 309

As King of Scotland, he soon found himself embarrassed at every step by all the difficulties which had embarrassed him as King of England, and by other difficulties which in England were happily unknown. In the north of the island, no class was more dissatisfied with the Revolution than the class which owed most to the Revolution. The manner in which the Convention had decided the question of ecclesiastical polity had not been more offensive to the Bishops themselves than to those fiery Covenanters who had long, in defiance of sword and carbine, boot and gibbet, worshipped their Maker after their own fashion in caverns and on mountain tops. Was there ever, these zealots exclaimed, such a halting between two opinions, such a compromise between the Lord and Baal? The Estates ought to have said that episcopacy was an abomination in God's sight, and that, in obedience to his word, and from fear of his righteous judgment, they were determined to deal with this great national sin and scandal after the fashion of those saintly rulers who of old cut down the groves and demolished the altars of Chemosh and Astarte. Unhappily, Scotland was ruled, not by pious Josiahs, but by careless Gallios. The antichristian hierarchy was to be abolished, not because it was an insult to heaven, but because it was felt as a burden on earth; not because it was hateful to the great Head of the Church, but because it was hateful to the people. Was public opinion, then, the test of right and wrong in religion? Was not the order which Christ had established in his own house to be held equally sacred in all countries and through all ages? And was there no reason for following that order in Scotland except a reason which might be urged with equal force for maintaining Prelacy in England, Popery in Spain, and Mahometanism in Turkey? Why, too, was nothing said of those Covenants which the nation had so generally subscribed and so generally violated? Why was it not distinctly affirmed that the promises set down in those rolls were still binding, and would to the end of time be binding, on the kingdom? Were these truths to be suppressed from regard for the feelings and interests of a prince who was all things to all men, an ally of the idolatrous Spaniard and of the Lutheran bane, a presbyterian at the Hague and a prelatist at Whiteball? He, like Jelin in ancient times, had doubtless so far done well that he had been the scourge of the idolatrous House of Ahab. But he, like Jelin, had not taken heed to walk in the divine law with his whole heart, but had tolerated and practised impieties differing only in degree from those of which he had declared himself the enemy. It would have better become godly senators to remonstrate with him on the sin which he was committing by conforming to the Anglican ritual, and by maintaining the Anglican Church government, than to flatter him by using a phraseology which seemed to indicate that they were as deeply tainted with Erastianism as himself. Many of those who held this language refused to do any act which could be construed into a recognition of the new Sovereigns, and would rather have been fired upon by files of musketeers or tied to stakes within low water mark than have uttered a prayer that God would bless William and Mary.

Yet the King had less to fear from the pertinacious adherence of these men to their absurd principles, than from the ambition and avarice of another set of men who had no principles at all. It was necessary that he should immediately name ministers to conduct the government of Scotland: and, name whom he might, he could not fail to disappoint and irritate a multitude of expectants. Scotland was one of the least wealthy countries in Europe: yet no country in Europe contained a greater number of clever and selfish politicians. The places in the gift of the Crown were not enough to satisfy one twentieth part of the placehunters, every one of whom thought that his own services had been preeminent, and that, whoever might be passed by, he ought to be remembered. William did his best to satisfy these innumerable and insatiable claimants by putting many offices into commission. There were however a few great posts which it was impossible to divide. Hamilton was declared Lord High Commissioner, in the hope that immense pecuniary allowances, a residence in Holyrood Palace, and a pomp and dignity little less than regal, would content him. The Earl of Crawford was appointed President of the Parliament; and it was supposed that this appointment would conciliate the rigid Presbyterians, for Crawford was what they called a professor. His letters and speeches are, to use his own phraseology, exceeding savoury. Alone, or almost alone, among the prominent politicians of that time, he retained the style which had been fashionable in the preceding generation. He had a text of the Old Testament ready for every occasion. He filled his despatches with allusions to Ishmael and Hagar, Hannah and Eli, Elijah, Nehemiah, and Zerubbabel, and adorned his oratory with quotations from Ezra and Haggai. It is a circumstance strikingly characteristic of the man, and of the school in which he had been trained, that, in all the mass of his writing which has come down to us, there is not a single word indicating that he had ever in his life heard of the New Testament. Even in our own time some persons of a peculiar taste have been so much delighted by the rich unction of his eloquence, that they have confidently pronounced him a saint. To those whose habit it is to judge of a man rather by his actions than by his words, Crawford will appear to have been a selfish, cruel politician, who was not at all the dupe of his own cant, and whose zeal against episcopal government was not a little whetted by his desire to obtain a grant of episcopal domains. In excuse for his greediness, it ought to be said that he was the poorest noble of a poor nobility, and that before the Revolution he was sometimes at a loss for a meal and a suit of clothes, 310

The ablest of Scottish politicians and debaters, Sir John Dalrymple, was appointed Lord Advocate. His father, Sir James, the greatest of Scottish jurists, was placed at the head of the Court of Session. Sir William Lockhart, a man whose letters prove him to have possessed considerable ability, became Solicitor General.

Sir James Montgomery had flattered himself that he should be the chief minister. He had distinguished himself highly in the Convention. He had been one of the Commissioners who had tendered the Crown and administered the oath to the new Sovereigns. In parliamentary ability and eloquence he had no superior among his countrymen, except the new Lord Advocate. The Secretaryship was, not indeed in dignity, but in real power, the highest office in the Scottish government; and this office was the reward to which Montgomery thought himself entitled. But the Episcopalians and the moderate Presbyterians dreaded him as a man of extreme opinions and of bitter spirit. He had been a chief of the Covenanters: he had been prosecuted at one time for holding conventicles, and at another time for harbouring rebels: he had been fined: he had been imprisoned: he had been almost driven to take refuge from his enemies beyond the Atlantic in the infant settlement of New Jersey. It was apprehended that, if he were now armed with the whole power of the Crown, he would exact a terrible retribution for what he had suffered, 311 William therefore preferred Melville, who, though not a man of eminent talents, was regarded by the Presbyterians as a thoroughgoing friend, and yet not regarded by the Episcopalians as an implacable enemy. Melville fixed his residence at the English Court, and became the regular organ of communication between Kensington and the authorities at Edinburgh.

William had, however, one Scottish adviser who deserved and possessed more influence than any of the ostensible ministers. This was Carstairs, one of the most remarkable men of that age. He united great scholastic attainments with great aptitude for civil business, and the firm faith and ardent zeal of a martyr with the shrewdness and suppleness of a consummate politician. In courage and fidelity he resembled Burnet; but he had, what Burnet wanted, judgment, selfcommand, and a singular power of keeping secrets. There was no post to which he might not have aspired if he had been a layman, or a priest of the Church of England. But a Presbyterian clergyman could not hope to attain any high dignity either in the north or in the south of the island. Carstairs was forced to content himself with the substance of power, and to leave the semblance to others. He was named Chaplain to their Majesties for Scotland, but wherever the King was, in England, in Ireland, in the Netherlands, there was this most trusty and most prudent of courtiers. He obtained from the royal bounty a modest competence; and he desired no more. But it was well known that he could be as useful a friend and as formidable an enemy as any member of the cabinet; and he was designated at the public offices and in the antechambers of the palace by the significant nickname of the Cardinal, 312

To Montgomery was offered the place of Lord Justice Clerk. But that place, though high and honourable, he thought below his merits and his capacity; and he returned from London to Scotland with a heart ulcerated by hatred of his ungrateful master and of his successful rivals. At Edinburgh a knot of Whigs, as severely disappointed as himself by the new arrangements, readily submitted to the guidance of so bold and able a leader. Under his direction these men, among whom the Earl of Annandale and Lord Ross were the most conspicuous, formed themselves into a society called the Club, appointed a clerk, and met daily at a tavern to concert plans of opposition. Round this nucleus soon gathered a great body of greedy and angry politicians, 313 With these dishonest malecontents, whose object was merely to annoy the government and to get places, were leagued other malecontents, who, in the course of a long resistance to tyranny, had become so perverse and irritable that they were unable to live contentedly even under the mildest and most constitutional government. Such a man was Sir Patrick Hume. He had returned from exile, as litigious, as impracticable; as morbidly jealous of all superior authority, and as fond of haranguing, as he had been four years before, and was as much bent on making a merely nominal sovereign of William as he had formerly been bent on making a merely nominal general of Argyle, 314 A man far superior morally and intellectually to Hume, Fletcher of Saltoun, belonged to the same party. Though not a member of the Convention, he was a most active member of the Club, 315 He hated monarchy: he hated democracy: his favourite project was to make Scotland an oligarchical republic. The King, if there must be a King, was to be a mere pageant. The lowest class of the people were to be bondsmen. The whole power, legislative and executive, was to be in the hands of the Parliament. In other words, the country was to be absolutely governed by a hereditary aristocracy, the most needy, the most haughty, and the most quarrelsome in Europe. Under such a polity there could have been neither freedom nor tranquillity. Trade, industry, science, would have languished; and Scotland would have been a smaller Poland, with a puppet sovereign, a turbulent diet, and an enslaved people. With unsuccessful candidates for office, and with honest but wrongheaded republicans, were mingled politicians whose course was determined merely by fear. Many sycophants, who were conscious that they had, in the evil time, done what deserved punishment, were desirous to make their peace with the powerful and vindictive Club, and were glad to be permitted to atone for their servility to James by their opposition to William. 316 The great body of Jacobites meanwhile stood aloof, saw with delight the enemies of the House of Stuart divided against one another, and indulged the hope that the confusion would end in the restoration of the banished king, 317

While Montgomery was labouring to form out of various materials a party which might, when the Convention should reassemble, be powerful enough to dictate to the throne, an enemy still more formidable than Montgomery had set up the standard of civil war in a region about which the politicians of Westminster, and indeed most of the politicians of Edinburgh, knew no more than about Abyssinia or Japan.

It is not easy for a modern Englishman, who can pass in a day from his club in St. James's Street to his shooting box among the Grampians, and who finds in his shooting box all the comforts and luxuries of his club, to believe that, in the time of his greatgrandfathers, St. James's Street had as little connection with the Grampians as with the Andes. Yet so it was. In the south of our island scarcely any thing was known about the Celtic part of Scotland; and what was known excited no feeling but contempt and loathing. The crags and the glens, the woods and the waters, were indeed the same that now swarm every autumn with admiring gazers and stretchers. The Trosachs wound as now between gigantic walls of rock tapestried with broom and wild roses: Foyers came headlong down through the birchwood with the same leap and the same roar with which he still rushes to Loch Ness; and, in defiance of the sun of June, the snowy scalp of Ben Cruachan rose, as it still rises, over the willowy islets of Loch Awe. Yet none of these sights had power, till a recent period, to attract a single poet or painter from more opulent and more tranquil regions. Indeed, law and police, trade and industry, have done far more than people of romantic dispositions will readily admit, to develope in our minds a sense of the wilder beauties of nature. A traveller must be freed from all apprehension of being murdered or starved before he can be charmed by the bold outlines and rich tints of the hills. He is not likely to be thrown into ecstasies by the abruptness of a precipice from which he is in imminent danger of falling two thousand feet perpendicular; by the boiling waves of a torrent which suddenly whirls away his baggage and forces him to run for his life; by the gloomy grandeur of a pass where he finds a corpse which marauders have just stripped and mangled; or by the screams of those eagles whose next meal may probably be on his own eyes. About the year 1730, Captain Burt, one of the first Englishmen who caught a glimpse of the spots which now allure tourists from every part of the civilised world, wrote an account of his wanderings. He was evidently a man of a quick, an observant, and a cultivated mind, and would doubtless, had he lived in our age, have looked with mingled awe and delight on the mountains of Invernessshire. But, writing with the feeling which was universal in his own age, he pronounced those mountains monstrous excrescences. Their deformity, he said, was such that the most sterile plains seemed lovely by comparison. Fine weather, he complained, only made bad worse; for, the clearer the day, the more disagreeably did those misshapen masses of gloomy brown and dirty purple affect the eye. What a contrast, he exclaimed, between these horrible prospects and the beauties of Richmond Hill! 318 Some persons may think that Burt was a man of vulgar and prosaical mind: but they will scarcely venture to pass a similar judgment on Oliver Goldsmith. Goldsmith was one of the very few Saxons who, more than a century ago, ventured to explore the Highlands. He was disgusted by the hideous wilderness, and declared that he greatly preferred the charming country round Leyden, the vast expanse of verdant meadow, and the villas with their statues and grottoes, trim flower beds, and rectilinear avenues. Yet it is difficult to believe that the author of the Traveller and of the Deserted Village was naturally inferior in taste and sensibility to the thousands of clerks and milliners who are now thrown into raptures by the sight of Loch Katrine and Loch Lomond, 319 His feelings may easily be explained. It was not till roads had been cut out of the rocks, till bridges had been flung over the courses of the rivulets, till inns had succeeded to dens of robbers, till there was as little danger of being slain or plundered in the wildest defile of Badenoch or Lochaber as in Cornhill, that strangers could be enchanted by the blue dimples of the lakes and by the rainbows which overhung the waterfalls, and could derive a solemn pleasure even from the clouds and tempests which lowered on the mountain tops.

The change in the feeling with which the Lowlanders regarded the highland scenery was closely connected with a change not less remarkable in the feeling with which they regarded the Highland race. It is not strange that the Wild Scotch, as they were sometimes called, should, in the seventeenth century, have been considered by the Saxons as mere savages. But it is surely strange that, considered as savages, they should not have been objects of interest and curiosity. The English were then abundantly inquisitive about the manners of rude nations separated from our island by great continents and oceans. Numerous books were printed describing the laws, the superstitions, the cabins, the repasts, the dresses, the marriages, the funerals of Laplanders and Hottentots, Mohawks and Malays. The plays and poems of that age are full of allusions to the usages of the black men of Africa and of the red men of America. The only barbarian about whom there was no wish to have any information was the Highlander. Five or six years after the Revolution, an indefatigable angler published an account of Scotland. He boasted that, in the course of his rambles from lake to lake, and from brook to brook, he had left scarcely a nook of the kingdom unexplored. But, when we examine his narrative, we find that he had never ventured beyond the extreme skirts of the Celtic region. He tells us that even from the people who lived close to the passes he could learn little or nothing about the Gaelic population. Few Englishmen, he says, had ever seen Inverary. All beyond Inverary was chaos, 320 In the reign of George the First, a work was published which professed to give a most exact account of Scotland; and in this work, consisting of more than three hundred pages, two contemptuous paragraphs were thought sufficient for the Highlands and the Highlanders, 321 We may well doubt whether, in 1689, one in twenty of the well read gentlemen who assembled at Will's coffeehouse knew that, within the four seas, and at the distance of less than five hundred miles from London, were many miniature courts, in each of which a petty prince, attended by guards, by armour bearers, by musicians, by a hereditary orator, by a hereditary poet laureate, kept a rude state, dispensed a rude justice, waged wars, and concluded treaties. While the old Gaelic institutions were in full vigour, no account of them was given by any observer, qualified to judge of them fairly. Had such an observer studied the character of the Highlanders, he would doubtless have found in it closely intermingled the good and the bad qualities of an uncivilised nation. He would have found that the people had no love for their country or for their king; that they had no attachment to any commonwealth larger than the clan, or to any magistrate superior to the chief. He would have found that life was governed by a code of morality and honour widely different from that which is established in peaceful and prosperous societies. He would have learned that a stab in the back, or a shot from behind a fragment of rock, were approved modes of taking satisfaction for insults. He would have heard men relate boastfully how they or their fathers had wreaked on hereditary enemies in a neighbouring valley such vengeance as would have made old soldiers of the Thirty Years' War shudder. He would have found that robbery was held to be a calling, not merely innocent, but honourable. He would have seen, wherever he turned, that dislike of steady industry, and that disposition to throw on the weaker sex the heaviest part of manual labour, which are characteristic of savages. He would have been struck by the spectacle of athletic men basking in the sun, angling for salmon, or taking aim at grouse, while their aged mothers, their pregnant wives, their tender daughters, were reaping the scanty harvest of oats. Nor did the women repine at their hard lot. In their view it was quite fit that a man, especially if he assumed the aristocratic title of Duinhe Wassel and adorned his bonnet with the eagle's feather, should take his ease, except when he was fighting, hunting, or marauding. To mention the name of such a man in connection with commerce or with any mechanical art was an insult. Agriculture was indeed less despised. Yet a highborn warrior was much more becomingly employed in plundering the land of others than in tilling his own. The religion of the greater part of the Highlands was a rude mixture of Popery and Paganism. The symbol of redemption was associated with heathen sacrifices and incantations. Baptized men poured libations of ale to one Daemon, and set out drink offerings of milk for another. Seers wrapped themselves up in bulls' hides, and awaited, in that vesture, the inspiration which was to reveal the future. Even among those minstrels and genealogists whose hereditary vocation was to preserve the memory of past events, an enquirer would have found very few who could read. In truth, he might easily have journeyed from sea to sea without discovering a page of Gaelic printed or written. The price which he would have had to pay for his knowledge of the country would have been heavy. He would have had to endure hardships as great as if he had sojourned among the Esquimaux or the Samoyeds. Here and there, indeed, at the castle of some great lord who had a seat in the Parliament and Privy Council, and who was accustomed to pass a large part of his life in the cities of the South, might have been found wigs and embroidered coats, plate and fine linen, lace and jewels, French dishes and French wines. But, in general, the traveller would have been forced to content himself with very different quarters. In many dwellings the furniture, the food, the clothing, nay the very hair and skin of his hosts, would have put his philosophy to the proof. His lodging would sometimes have been in a but of which every nook would have swarmed with vermin. He would have inhaled an atmosphere thick with peat smoke, and foul with a hundred noisome exhalations. At supper grain fit only for horses would have been set before him, accompanied by a cake of blood drawn from living cows. Some of the company with which he would have feasted would have been covered with cutaneous eruptions, and others would have been smeared with tar like sheep. His couch would have been the bare earth, dry or wet as the weather might be; and from that couch he would have risen half poisoned with stench, half blind with the reek of turf, and half mad with the itch, 322