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

Before the Estates proceeded to deliberate on the business for which they had met, they thought it necessary to provide for their own security. They could not be perfectly at ease while the roof under which they sate was commanded by the batteries of the Castle. A deputation was therefore sent to inform Gordon that the Convention required him to evacuate the fortress within twenty-four hours, and that, if he complied, his past conduct should not be remembered against him. He asked a night for consideration. During that night his wavering mind was confirmed by the exhortations of Dundee and Balcarras. On the morrow he sent an answer drawn in respectful but evasive terms. He was very far, he declared, from meditating harm to the City of Edinburgh. Least of all could he harbour any thought of molesting an august assembly which he regarded with profound reverence. He would willingly give bond for his good behaviour to the amount of twenty thousand pounds sterling. But he was in communication with the government now established in England. He was in hourly expectation of important despatches from that government; and, till they arrived, he should not feel himself justified in resigning his command. These excuses were not admitted. Heralds and trumpeters were sent to summon the Castle in form, and to denounce the penalties of high treason against those who should continue to occupy that fortress in defiance of the authority of the Estates. Guards were at the same time posted to intercept all communication between the garrison and the city, 293

Two days had been spent in these preludes; and it was expected that on the third morning the great contest would begin. Meanwhile the population of Edinburgh was in an excited state. It had been discovered that Dundee had paid visits to the Castle; and it was believed that his exhortations had induced the garrison to hold out. His old soldiers were known to be gathering round him; and it might well be apprehended that he would make some desperate attempt. He, on the other hand, had been informed that the Western Covenanters who filled the cellars of the city had vowed vengeance on him: and, in truth, when we consider that their temper was singularly savage and implacable; that they had been taught to regard the slaying of a persecutor as a duty; that no examples furnished by Holy Writ had been more frequently held up to their admiration than Ehud stabbing Eglon, and Samuel hewing Agag limb from limb; that they had never heard any achievement in the history of their own country more warmly praised by their favourite teachers than the butchery of Cardinal Beatoun and of Archbishop Sharpe; we may well wonder that a man who had shed the blood of the saints like water should have been able to walk the High Street in safety during a single day. The enemy whom Dundee had most reason to fear was a youth of distinguished courage and abilities named William Cleland. Cleland had, when little more than sixteen years old, borne arms in that insurrection which had been put down at Bothwell Bridge. He had since disgusted some virulent fanatics by his humanity and moderation. But with the great body of Presbyterians his name stood high. For with the strict morality and ardent zeal of a Puritan he united some accomplishments of which few Puritans could boast. His manners were polished, and his literary and scientific attainments respectable. He was a linguist, mathematician, and a poet. It is true that his hymns, odes, ballads, and Hudibrastic satires are of very little intrinsic value; but, when it is considered that he was a mere boy when most of them were written, it must be admitted that they show considerable vigour of mind. He was now at Edinburgh: his influence among the West Country Whigs assembled there was great: he hated Dundee with deadly hatred, and was believed to be meditating some act of violence, 294

On the fifteenth of March Dundee received information that some of the Covenanters had bound themselves together to slay him and Sir George Mackenzie, whose eloquence and learning, long prostituted to the service of tyranny, had made him more odious to the Presbyterians than any other man of the gown. Dundee applied to Hamilton for protection, and Hamilton advised him to bring the matter under the consideration of the Convention at the next sitting, 295

Before that sitting, a person named Crane arrived from France, with a letter addressed by the fugitive King to the Estates. The letter was sealed: the bearer, strange to say, was not furnished with a copy for the information of the heads of the Jacobite party; nor did he bring any message, written or verbal, to either of James's agents. Balcarras and Dundee were mortified by finding that so little confidence was reposed in them, and were harassed by painful doubts touching the contents of the document on which so much depended. They were willing, however, to hope for the best. King James could not, situated as he was, be so ill advised as to act in direct opposition to the counsel and entreaties of his friends. His letter, when opened, must be found to contain such gracious assurances as would animate the royalists and conciliate the moderate Whigs. His adherents, therefore, determined that it should be produced.

When the Convention reassembled on the morning of Saturday the sixteenth of March, it was proposed that measures should be taken for the personal security of the members. It was alleged that the life of Dundee had been threatened; that two men of sinister appearance had been watching the house where he lodged, and had been heard to say that they would use the dog as he had used them. Mackenzie complained that he too was in danger, and, with his usual copiousness and force of language, demanded the protection of the Estates. But the matter was lightly treated by the majority: and the Convention passed on to other business, 296

It was then announced that Crane was at the door of the Parliament House. He was admitted. The paper of which he was in charge was laid on the table. Hamilton remarked that there was, in the hands of the Earl of Leven, a communication from the Prince by whose authority the Estates had been convoked. That communication seemed to be entitled to precedence. The Convention was of the same opinion; and the well weighed and prudent letter of William was read.

It was then moved that the letter of James should be opened. The Whigs objected that it might possibly contain a mandate dissolving the Convention. They therefore proposed that, before the seal was broken, the Estates should resolve to continue sitting, notwithstanding any such mandate. The Jacobites, who knew no more than the Whigs what was in the letter, and were impatient to have it read, eagerly assented. A vote was passed by which the members bound themselves to consider any order which should command them to separate as a nullity, and to remain assembled till they should have accomplished the work of securing the liberty and religion of Scotland. This vote was signed by almost all the lords and gentlemen who were present. Seven out of nine bishops subscribed it. The names of Dundee and Balcarras, written by their own hands, may still be seen on the original roll. Balcarras afterwards excused what, on his principles, was, beyond all dispute, a flagrant act of treason, by saying that he and his friends had, from zeal for their master's interest, concurred in a declaration of rebellion against their master's authority; that they had anticipated the most salutary effects from the letter; and that, if they had not made some concession to the majority, the letter would not have been opened.

In a few minutes the hopes of Balcarras were grievously disappointed. The letter from which so much had been hoped and feared was read with all the honours which Scottish Parliaments were in the habit of paying to royal communications: but every word carried despair to the hearts of the Jacobites. It was plain that adversity had taught James neither wisdom nor mercy. All was obstinacy, cruelty, insolence. A pardon was promised to those traitors who should return to their allegiance within a fortnight. Against all others unsparing vengeance was denounced. Not only was no sorrow expressed for past offences: but the letter was itself a new offence: for it was written and countersigned by the apostate Melfort, who was, by the statutes of the realm, incapable of holding the office of Secretary, and who was not less abhorred by the Protestant Tories than by the Whigs. The hall was in a tumult. The enemies of James were loud and vehement. His friends, angry with him, and ashamed of him, saw that it was vain to think of continuing the struggle in the Convention. Every vote which had been doubtful when his letter was unsealed was now irrecoverably lost. The sitting closed in great agitation, 297

It was Saturday afternoon. There was to be no other meeting till Monday morning. The Jacobite leaders held a consultation, and came to the conclusion that it was necessary to take a decided step. Dundee and Balcarras must use the powers with which they had been intrusted. The minority must forthwith leave Edinburgh and assemble at Stirling. Athol assented, and undertook to bring a great body of his clansmen from the Highlands to protect the deliberations of the Royalist Convention. Every thing was arranged for the secession; but, in a few hours, the tardiness of one man and the haste of another ruined the whole plan.

The Monday came. The Jacobite lords and gentlemen were actually taking horse for Stirling, when Athol asked for a delay of twenty-four hours. He had no personal reason to be in haste. By staying he ran no risk of being assassinated. By going he incurred the risks inseparable from civil war. The members of his party, unwilling to separate from him, consented to the postponement which he requested, and repaired once more to the Parliament House. Dundee alone refused to stay a moment longer. His life was in danger. The Convention had refused to protect him. He would not remain to be a mark for the pistols and daggers of murderers. Balcarras expostulated to no purpose. "By departing alone," he said, "you will give the alarm and break up the whole scheme." But Dundee was obstinate. Brave as he undoubtedly was, he seems, like many other brave men, to have been less proof against the danger of assassination than against any other form of danger. He knew what the hatred of the Covenanters was: he knew how well he had earned their hatred; and he was haunted by that consciousness of inexpiable guilt, and by that dread of a terrible retribution, which the ancient polytheists personified under the awful name of the Furies. His old troopers, the Satans and Beelzebubs who had shared his crimes, and who now shared his perils, were ready to be the companions of his flight.

Meanwhile the Convention had assembled. Mackenzie was on his legs, and was pathetically lamenting the hard condition of the Estates, at once commanded by the guns of a fortress and menaced by a fanatical rabble, when he was interrupted by some sentinels who came running from the posts near the Castle. They had seen Dundee at the head of fifty horse on the Stirling road. That road ran close under the huge rock on which the citadel is built. Gordon had appeared on the ramparts, and had made a sign that he had something to say. Dundee had climbed high enough to hear and to be heard, and was then actually conferring with the Duke. Up to that moment the hatred with which the Presbyterian members of the assembly regarded the merciless persecutor of their brethren in the faith had been restrained by the decorous forms of parliamentary deliberation. But now the explosion was terrible. Hamilton himself, who, by the acknowledgment of his opponents, had hitherto performed the duties of President with gravity and impartiality, was the loudest and fiercest man in the hall. "It is high time," he cried, "that we [should find] the enemies of our religion and of our civil freedom are mustering all around us; and we may well suspect that they have accomplices even here. Lock the doors. Lay the keys on the table. Let nobody go out but those lords and gentlemen whom we shall appoint to call the citizens to arms. There are some good men from the West in Edinburgh, men for whom I can answer." The assembly raised a general cry of assent. Several members of the majority boasted that they too had brought with them trusty retainers who would turn out at a moment's notice against Claverhouse and his dragoons. All that Hamilton proposed was instantly done. The Jacobites, silent and unresisting, became prisoners. Leven went forth and ordered the drums to beat. The Covenanters of Lanarkshire and Ayrshire promptly obeyed the signal. The force thus assembled had indeed no very military appearance, but was amply sufficient to overawe the adherents of the House of Stuart. From Dundee nothing was to be hoped or feared. He had already scrambled down the Castle hill, rejoined his troopers, and galloped westward. Hamilton now ordered the doors to be opened. The suspected members were at liberty to depart. Humbled and brokenspirited, yet glad that they had come off so well, they stole forth through the crowd of stern fanatics which filled the High Street. All thought of secession was at an end, 298

On the following day it was resolved that the kingdom should be put into a posture of defence. The preamble of this resolution contained a severe reflection on the perfidy of the traitor who, within a few hours after he had, by an engagement subscribed with his own hand, bound himself not to quit his post in the Convention, had set the example of desertion, and given the signal of civil war. All Protestants, from sixteen to sixty, were ordered to hold themselves in readiness to assemble in arms at the first summons; and, that none might pretend ignorance, it was directed that the edict should be proclaimed at all the market crosses throughout the realm, 299

The Estates then proceeded to send a letter of thanks to William. To this letter were attached the signatures of many noblemen and gentlemen who were in the interest of the banished King. The Bishops however unanimously refused to subscribe their names.

It had long been the custom of the Parliaments of Scotland to entrust the preparation of Acts to a select number of members who were designated as the Lords of the Articles. In conformity with this usage, the business of framing a plan for the settling of the government was now confided to a Committee of twenty-four. Of the twenty-four eight were peers, eight representatives of counties, and eight representatives of towns. The majority of the Committee were Whigs; and not a single prelate had a seat.

The spirit of the Jacobites, broken by a succession of disasters, was, about this time, for a moment revived by the arrival of the Duke of Queensberry from London. His rank was high and his influence was great: his character, by comparison with the characters of those who surrounded him, was fair. When Popery was in the ascendent, he had been true to the cause of the Protestant Church; and, since Whiggism had been in the ascendent, he had been true to the cause of hereditary monarchy. Some thought that, if he had been earlier in his place, he might have been able to render important service to the House of Stuart, 300 Even now the stimulants which he applied to his torpid and feeble party produced some faint symptoms of returning animation. Means were found of communicating with Gordon; and he was earnestly solicited to fire on the city. The Jacobites hoped that, as soon as the cannon balls had beaten down a few chimneys, the Estates would adjourn to Glasgow. Time would thus be gained; and the royalists might be able to execute their old project of meeting in a separate convention. Gordon however positively refused to take on himself so grave a responsibility on no better warrant than the request of a small cabal, 301

By this time the Estates had a guard on which they could rely more firmly than on the undisciplined and turbulent Covenanters of the West. A squadron of English men of war from the Thames had arrived in the Frith of Forth. On board were the three Scottish regiments which had accompanied William from Holland. He had, with great judgment, selected them to protect the assembly which was to settle the government of their country; and, that no cause of jealousy might be given to a people exquisitely sensitive on points of national honour, he had purged the ranks of all Dutch soldiers, and had thus reduced the number of men to about eleven hundred. This little force was commanded by Andrew Mackay, a Highlander of noble descent, who had served long on the Continent, and who was distinguished by courage of the truest temper, and by a piety such as is seldom found in soldiers of fortune. The Convention passed a resolution appointing Mackay general of their forces. When the question was put on this resolution, the Archbishop of Glasgow, unwilling doubtless to be a party to such an usurpation of powers which belonged to the King alone, begged that the prelates might be excused from voting. Divines, he said, had nothing to do with military arrangements. "The Fathers of the Church," answered a member very keenly, "have been lately favoured with a new light. I have myself seen military orders signed by the Most Reverend person who has suddenly become so scrupulous. There was indeed one difference: those orders were for dragooning Protestants, and the resolution before us is meant to protect us from Papists." 302

The arrival of Mackay's troops, and the determination of Gordon to remain inactive, quelled the spirit of the Jacobites. They had indeed one chance left. They might possibly, by joining with those Whigs who were bent on an union with England, have postponed during a considerable time the settlement of the government. A negotiation was actually opened with this view, but was speedily broken off. For it soon appeared that the party which was for James was really hostile to the union, and that the party which was for the union was really hostile to James. As these two parties had no object in common, the only effect of a coalition between them must have been that one of them would have become the tool of the other. The question of the union therefore was not raised, 303 Some Jacobites retired to their country seats: others, though they remained at Edinburgh, ceased to show themselves in the Parliament House: many passed over to the winning side; and, when at length the resolutions prepared by the Twenty Four were submitted to the Convention, it appeared that the party which on the first day of the session had rallied round Athol had dwindled away to nothing.

The resolutions had been framed, as far as possible, in conformity with the example recently set at Westminster. In one important point, however, it was absolutely necessary that the copy should deviate from the original. The Estates of England had brought two charges against James, his misgovernment and his flight, and had, by using the soft word "Abdication," evaded, with some sacrifice of verbal precision, the question whether subjects may lawfully depose a bad prince. That question the Estates of Scotland could not evade. They could not pretend that James had deserted his post. For he had never, since he came to the throne, resided in Scotland. During many years that kingdom had been ruled by sovereigns who dwelt in another land. The whole machinery of the administration had been constructed on the supposition that the King would be absent, and was therefore not necessarily deranged by that flight which had, in the south of the island, dissolved all government, and suspended the ordinary course of justice. It was only by letter that the King could, when he was at Whitehall, communicate with the Council and the Parliament at Edinburgh; and by letter he could communicate with them when he was at Saint Germains or at Dublin. The Twenty Four were therefore forced to propose to the Estates a resolution distinctly declaring that James the Seventh had by his misconduct forfeited the crown. Many writers have inferred from the language of this resolution that sound political principles had made a greater progress in Scotland than in England. But the whole history of the two countries from the Restoration to the Union proves this inference to be erroneous. The Scottish Estates used plain language, simply because it was impossible for them, situated as they were, to use evasive language.

The person who bore the chief part in framing the resolution, and in defending it, was Sir John Dalrymple, who had recently held the high office of Lord Advocate, and had been an accomplice in some of the misdeeds which he now arraigned with great force of reasoning and eloquence. He was strenuously supported by Sir James Montgomery, member for Ayrshire, a man of considerable abilities, but of loose principles, turbulent temper, insatiable cupidity, and implacable malevolence. The Archbishop of Glasgow and Sir George Mackenzie spoke on the other side: but the only effect of their oratory was to deprive their party of the advantage of being able to allege that the Estates were under duress, and that liberty of speech had been denied to the defenders of hereditary monarchy.

When the question was put, Athol, Queensberry, and some of their friends withdrew. Only five members voted against the resolution which pronounced that James had forfeited his right to the allegiance of his subjects. When it was moved that the Crown of Scotland should be settled as the Crown of England had been settled, Athol and Queensberry reappeared in the hall. They had doubted, they said, whether they could justifiably declare the throne vacant. But, since it had been declared vacant, they felt no doubt that William and Mary were the persons who ought to fill it.

The Convention then went forth in procession to the High Street. Several great nobles, attended by the Lord Provost of the capital and by the heralds, ascended the octagon tower from which rose the city cross surmounted by the unicorn of Scotland, 304 Hamilton read the vote of the Convention; and a King at Arms proclaimed the new Sovereigns with sound of trumpet. On the same day the Estates issued an order that the parochial clergy should, on pain of deprivation, publish from their pulpits the proclamation which had just been read at the city cross, and should pray for King William and Queen Mary.

Still the interregnum was not at an end. Though the new Sovereigns had been proclaimed, they had not yet been put into possession of the royal authority by a formal tender and a formal acceptance. At Edinburgh, as at Westminster, it was thought necessary that the instrument which settled the government should clearly define and solemnly assert those privileges of the people which the Stuarts had illegally infringed. A Claim of Right was therefore drawn up by the Twenty Four, and adopted by the Convention. To this Claim, which purported to be merely declaratory of the law as it stood, was added a supplementary paper containing a list of grievances which could be remedied only by new laws. One most important article which we should naturally expect to find at the head of such a list, the Convention, with great practical prudence, but in defiance of notorious facts and of unanswerable arguments, placed in the Claim of Right. Nobody could deny that prelacy was established by Act of Parliament. The power exercised by the Bishops might be pernicious, unscriptural, antichristian but illegal it certainly was not; and to pronounce it illegal was to outrage common sense. The Whig leaders however were much more desirous to get rid of episcopacy than to prove themselves consummate publicists and logicians. If they made the abolition of episcopacy an article of the contract by which William was to hold the crown, they attained their end, though doubtless in a manner open to much criticism. If, on the other hand, they contented themselves with resolving that episcopacy was a noxious institution which at some future time the legislature would do well to abolish, they might find that their resolution, though unobjectionable in form, was barren of consequences. They knew that William by no means sympathized with their dislike of Bishops, and that, even had he been much more zealous for the Calvinistic model than he was, the relation in which he stood to the Anglican Church would make it difficult and dangerous for him to declare himself hostile to a fundamental part of the constitution of that Church. If he should become King of Scotland without being fettered by any pledge on this subject, it might well be apprehended that he would hesitate about passing an Act which would be regarded with abhorrence by a large body of his subjects in the south of the island. It was therefore most desirable that the question should be settled while the throne was still vacant. In this opinion many politicians concurred, who had no dislike to rochets and mitres, but who wished that William might have a quiet and prosperous reign. The Scottish people,—so these men reasoned,—hated episcopacy. The English loved it. To leave William any voice in the matter was to put him under the necessity of deeply wounding the strongest feelings of one of the nations which he governed. It was therefore plainly for his own interest that the question, which he could not settle in any manner without incurring a fearful amount of obloquy, should be settled for him by others who were exposed to no such danger. He was not yet Sovereign of Scotland. While the interregnum lasted, the supreme power belonged to the Estates; and for what the Estates might do the prelatists of his southern kingdom could not hold him responsible. The elder Dalrymple wrote strongly from London to this effect, and there can be little doubt that he expressed the sentiments of his master. William would have sincerely rejoiced if the Scots could have been reconciled to a modified episcopacy. But, since that could not be, it was manifestly desirable that they should themselves, while there was yet no King over them, pronounce the irrevocable doom of the institution which they abhorred, 305

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.