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by James Pringle Thomson
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THE JACOBITE REBELLIONS



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THE

JACOBITE REBELLIONS

(1689-1746)



BY

J. PRINGLE THOMSON, M.A.

AUTHOR OF "ALEXANDER HENDERSON, THE COVENANTER," "THE SCOTTISH COVENANTERS"







LONDON G. BELL AND SONS, LTD. 1914



EDITOR'S NOTE

Within the compass of 120 pages it was impossible for me to cover every event in this period. The "Forty-Five" itself would have provided enough material to fill a volume of double the size. I have therefore concentrated on the four events which seemed to me most important—namely, the Darien scheme, the Union of the Crowns, and the risings of 1715 and 1745. For the rest, I have endeavoured to illustrate, however briefly, the religious, social, and industrial activities of the time. As in my previous volume, I have drawn freely on the invaluable publications of the Scottish Historical Society, and my thanks are also due to Mr. William Cowan for permission to print the extract which appears on p. 29.

J. P. T. GLASGOW, May, 1914.



TABLE OF CONTENTS

DATE PAGE 1689. STATE OF PARTIES IN SCOTLAND Dalrymple's "Memoirs" 1 THE CONVENTION OF ESTATES Dalrymple's "Memoirs" 3 DUNDEE'S REBELLION Mackay's "Memoirs" 6 THE BATTLE OF KILLIECRANKIE Mackay's "Memoirs" 8 1690. THE RELIGIOUS SETTLEMENT "Melville Papers" 11 1692. THE MASSACRE OF GLENCOE "Papers Illustrative of the Highlands of Scotland" 13 1695. THE BANK OF SCOTLAND "Acts of the Parliaments of Scotland" 18

THE DARIEN SCHEME: A. THE PROJECT AND ITS ORIGINATOR Burnet's "History of His Own Times" 20 1698. B. CONSTITUTION OF THE COMPANY "The Darien Papers" 22 C. WHY THE COLONY FAILED Burnet's "History of His Own Times" 24 1699. D. INDIGNATION IN SCOTLAND Burnet's "History of His Own Times" 25

1703. THE UNION IMPENDING Sir John Clerk's "Memoirs" 27

UNION OF THE CROWNS: A. THE LAST SCOTTISH PARLIAMENT "A Journey to Edenborough" 29 1706. B. DRAFTING THE TREATY Sir John Clerk's "Memoirs" 32 C. POPULAR HOSTILITY TO THE UNION Defoe's "History of the Union" 35 1707. D. "AN END OF AN OLD SONG" "The Lockhart Papers" 37

1714. "THE WEE, WEE GERMAN LAIRDIE" Mackay's "Jacobite Songs" 38

THE RISING OF 1715: 1715. A. GATHERING OF THE CLANS Rae's "History" 39 B. DEFENCE OF EDINBURGH Sir John Clerk's "Memoirs" 43 C. THE BATTLE OF SHERIFFMUIR Keith's "Memoir" 45 D. THE OLD PRETENDER Sinclair's "Memoirs" 48 1716. E. COLLAPSE OF THE REBELLION Rae's "History" 50 F. HARSHNESS OF THE GOVERNMENT "Culloden Papers" 54

1718. THE SCOTTISH CAPITAL Macky's "Journey through Scotland" 56 1719. THE JACOBITE ATTEMPT OF 1719 Keith's "Memoir" 60 1725. ENGLAND AND SCOTLAND CONTRASTED Macky's "Journey through Scotland" 65 THE MALT TAX "The Lockhart Papers" 67 1726. GENERAL WADE'S ROADS Burt's "Letters" 70 1735. SCOTTISH GARDENING Cockburn's "Letters to His Gardener" 74 1736. THE PORTEOUS RIOTS Carlyle's "Autobiography" 77 1742. THE "CAMBUSLANG WARK" "Statistical Account of Scotland" 81

THE "FORTY-FIVE": 1745. A. PRINCE CHARLES LANDS IN SCOTLAND "Culloden Papers" 83 B. RAISING THE PRINCE'S STANDARD Murray's "Memorials" 85 C. THE CAPTURE OF EDINBURGH Home's "History" 86 D. PRINCE CHARLES AT HOLYROOD Home's "History" 89 E. THE BATTLE OF PRESTONPANS Murray's "Memorials" 91 F. "JOHNNIE COPE" Mackay's "Jacobite Songs" 95 G. INVASION OF ENGLAND Blaikie's "Itinerary" 97 1746. H. THE BATTLE OF FALKIRK "Lockhart Papers" 99 I. RETREAT TO THE NORTH "The Lyon in Mourning" 102 J. THE EVE OF CULLODEN "Memoirs of Strange and Lumisden" 104 K. THE BATTLE "Memoirs of Strange and Lumisden" 107 L. THE PRINCE A FUGITIVE "The Lyon in Mourning" 111 M. FLORA MACDONALD "The Lyon in Mourning" 113 N. CHARLES AT CLUNY'S "CAGE" Home's "History" 117



THE JACOBITE REBELLIONS

(1689-1746)



STATE OF PARTIES IN SCOTLAND (1689).

Source.Memoirs of Great Britain and Ireland, from the Dissolution of the Last Parliament of Charles II. until the Sea-Battle off La Hogue, vol. i., p. 215, by Sir John Dalrymple, Bart. (London and Edinburgh: 1771.)

Of those who had offered their services to William for the settlement of Scotland, three were eminent above the rest: the Duke of Hamilton, the Marquis of Athole, and Lord Stair. The Duke of Hamilton had disapproved of the measures of the late reign, but without publicly opposing them. He had observed the same cautious conduct with regard to the parties of his countrymen. He took advantage of his rank to attend none of those public cabals in which all party-measures had been conducted in Scotland, from the time of the tables of the covenant; and, by that singularity, appeared to be of no party, at the same time when he was dealing in private with all parties. Son of the illustrious house of Douglas, married to the heiress of the house of Hamilton, related to the royal family, and to most of the crowned heads of Europe, in succession in right of his wife to the crown of Scotland, at a time when the ancient families of Scotland were of importance in the scale of government, because they were of importance in their own country, his pre-eminence was seen by William, and perhaps feared. He had been entrusted with none of the secrets of the revolution from the ambiguity of his conduct. Yet he took a violent side against King James upon his first retreat, but made apologies to that Prince's friends, so soon as he heard of his return. William, therefore, affected to show him the highest honours, cajolling him by those arts which the Duke was in use to employ upon others. From hence, and from the vanity of pre-eminence, he had consented to preside in the Assembly at London, which offered the Prince the administration of government. And hence, William gave him all the influence of the court, to be president of that convention which was to make the offer of government itself.

The Marquis of Athole was a subject of great consequence, because his estate and power lay in the heart of the highlands. He had concurred in all the measures of the two royal brothers, and had been loaded with favours and honours by both. Yet, upon news of James's retreat, he flew, from restlessness of temper more than from principle, to London, while Scotland was yet in disquiet; resolved, amid contending Princes, to make the best terms for himself. He almost alone, of all those who went to London to offer their service to the Prince of Orange, returned home discontented; because his views had been too sanguine, and because he was ashamed of what he had done. His repentance he made offer of to the friends of James in Scotland, which was received, and thanked in public, but in secret distrusted.

Lord Stair had none of the external advantages of the other two. Yet, from great reach of thought, and through knowledge of men and parties gained from experience, he came to be a considerable figure in party.... Upon the restoration he attached himself to the Duke of Lauderdale. The furies of that minister he often moderated, and often opposed, openly when he could, secretly when he could not; yet still preserved his friendship. After enduring many years the loss of his rank and his country, from the injustice of the Duke of York, he, at the age of seventy, assumed again his long-neglected sword and cuirass, and came over with the Prince of Orange, who was so fond of him that he carried him in his own ship. The influence of Lord Stair in party was increased by that of his son Sir John Dalrymple, a man distinguished above all by the beauty of his person, and the power of his eloquence. To the wisdom and experience of the father, to the parts and show of the son, rather than to the power of the Duke of Hamilton, William, certain that the two former could never hope to be pardoned by James, resolved to leave the management of Scotland in the end; but, in the meantime, to make advantage of the Duke's offers of service for the settlement of that country.

Of all those nobles whom James, when Duke of York, had honoured with his friendship, and when King, graced with his favours, a few only continued openly in his interest. Of these the chief were the Duke of Gordon, a Roman Catholic, to whom James had entrusted the castle of Edinburgh, a man weak, and wavering in courage, but bound by shame and religion; Lord Balcarres attached by affection, gratitude, and that delicacy of sentiment which the love of letters commonly inspires; and Lord Dundee, who had for ever before his eyes ideas of glory, the duty of a soldier, and the example of the great Montrose, from whose family he was descended. James had entrusted the care of his civil concerns in Scotland to Balcarres, and of his military ones to Dundee. William asked both to enter into his service. Dundee refused without ceremony. Balcarres confessed the trust which had been put in him, and asked the King, if, after that, he could enter into the service of another? William generously answered, "I cannot say that you can." But added, "Take care that you fall not within the law; for otherwise I shall be forced against my will to let the law overtake you." The other nobles of the late King's party waited for events, in hopes and in fears from the old government and the new, intriguing with both, and depended upon by neither.



THE CONVENTION OF ESTATES (1689).

Source.Memoirs of Great Britain and Ireland, from the Dissolution of the Last Parliament of Charles II. until the Sea-Battle off La Hogue, vol. i., p. 218, by Sir John Dalrymple, Bart. (London and Edinburgh: 1771.)

The convention met on the 14th of March. As the governing part of the boroughs had been modelled by King James, the members sent up from thence should have been favourable to his interests. But Lord Stair, whose views were extensive, had taken care, in the paper which contained the offer of administration to the Prince, to recommend that the borough-elections should be made by a general poll of the burgesses; an artifice which, while it took the blame of innovation off the Prince, prepared the way for securing the elections to the whigs and presbyterians. The parties at the convention first tried their strengths in the choice of a president. The Duke of Hamilton was set up by the new, the Marquis of Athole by the old court: a singular situation, where both candidates were distrusted, both by those who recommended, and by those who elected them. The former was preferred by 40 votes out of about 150 voters: a victory which, from the nature of the human mind, determined the wavering. A committee of elections was next named, consisting of nine whigs and three tories. Sir John Dalrymple, who was an able lawyer, found it easy to start objections to the returns of the opposite party, and to remove those which were made against his own. The committee in the house followed his opinions, because the necessity of the times was made the excuse of partiality....

When the convention sat down, two letters were presented, one from the present, and another from the late King of England. The convention read both; but first passed an act, that nothing contained in the last of them should dissolve their assembly, or stop their proceeding to the settlement of the nation. James's letter was written in the terms of a conqueror and a priest; threatening the convention with punishment in this world, and damnation in the next. And, as it was counter-signed by Lord Melfort, a papist, and a minister abhorred by the presbyterians, the style and the signature hurt equally the interest which the letter was intended to serve. No answer was given. William's letter, on the contrary, was answered in strains of gratitude and respect; a distinction which sufficiently showed what might be expected with regard to the future resolutions of the assembly....

The revolution in England was brought about by a coalition of whigs and tories; but, in Scotland, by the whigs almost alone. Hence, the Scottish convention, instead of amusing themselves with school disputes about words, which, while they discovered the fine lines of party in England, had embarrassed the English convention, struck their blow without ceremony, and came to a resolution, that King James had, by his evil deeds, forfaulted his right to the crown; a term which, in the language of the law of Scotland, involved in it the exclusion of all his posterity as well as his own. But, as this resolution would have comprehended the other children of James, as well as the young Prince, they agreed upon the following explanation of the word forfaulted. "Agreed, that the word forfault, in the resolution, should imply no other alteration in the succession to the crown than the seclusion of King James, the pretended Prince of Wales, and the children that shall be procreated of either of their bodies." Only five opposed these resolutions....

The convention next made offer of the crown to William and Mary: a vote in which the Duke of Queensberry and the Marquis of Athole concurred, although they had refused to be present at the other. They reconciled their conduct by saying, "That, since the throne was declared vacant by the nation, they knew none so worthy to fill it as the Prince and Princess of Orange"—a mixture of sentiment, intended to please both Kings, but which, like most compliments of the kind, pleased neither. From an excess of zeal which betrayed the cause of it, the Duke of Hamilton demeaned himself to act the part of a clerk; reading, at the ordinary place of proclamation, the act of convention aloud to the mean multitude, who found even their own vanity hurt in the sacrifice which was made to it by the first man in the nation. With more dignity the parliament accompanied the offer of the crown with such a declaration of rights as laid open all the invasions upon the constitution, not of the late King alone, but of his brother, and ascertained every disputed pretension between the crown and the subject; for, accustomed either to trample upon their sovereigns, or to be trampled upon by them, the Scottish nation chose to leave nothing to be adjusted afterwards by the vibration between the executive and legislative powers, which had kept the English constitution almost continually in a just medium between the imperiousness of the crown and the licentiousness of the subject. The Earl of Argyle for the peers, Sir James Montgomery for the knights, and Sir John Dalrymple for the boroughs, were sent to London with the offer of the crown....

The administration of the coronation-oath of Scotland was a ceremony attended with much awe; the King holding up his right hand high, whilst he swore, and repeated each word with slowness after the person who read it. It contained a clause, that the King should root out heretics. At these words, William stopt the Earl of Argyle, who was administering the oath, and declared, he did not mean to oblige himself to become a persecutor. The commissioners answering, that such was not the meaning of the oath: "Then," said the King, "I take it in that sense only." Whether this scruple was the effect of affectation or of delicacy, is immaterial: it became a King, and it pleased the people.



DUNDEE'S REBELLION (1689).

Source.Memoirs of the War carried on in Scotland and Ireland, 1689-1691, by Major-General Hugh Mackay, Commander-in-Chief of His Majesty's forces. With an appendix of original papers, p. 225. (Edinburgh: Bannatyne Club, 1833.)

THE DUKE OF HAMILTON TO LORD MELVILL.

Holyroodhous, 8 June, 1689.

Yesternight I received your lordship's of the 4th instant, with one to General Major Mackay; I did the same night send one to the west to dispatch some to Ireland for intelligence, and write two several ways to the captains of our ships to go to the coast of Ireland to cruise there, and give the best account they could if there was any appearance of an invasion from thence, which, I am confident, there is little fears of, if it be not by the French fleet, and it's very strange if they can be able to come to our coasts and land men, if there be an English and Dutch fleet at sea as you write, but if they should be able to land any considerable force we should be in an ill condition, considering how disaffected all the north is, and if we should absolutely with all his forces recall Mackay before he dissipates or beats Dundee, all that country generally, lowlands as well as highlands, would be in arms with him; so, upon communicating your letter to the Council this morning, they thought it not fit absolutely to recall him, but leave it much to himself, and desired him to send any of the English horse that is with him to the west country, where they can be best provided with horse meat, and most of our own new levied horse we intend should go there also, and some regiments of our foot lays there and about Stirling, the rest being in St. Johnston,[1] Dundie, and about this place, beside what is with Mackay, from whom we have not heard since what I sent you.

P. 248. THE SAME TO THE SAME.

Holyroodhous, 28 July, 1689.

MY LORD,—On Friday last Major General Mackay marched from St. Johnston with about 4000 foot, 4 troops of horse and dragoons, and was at Dunkell that night, where he received intelligence that Dundie was come to Blair in Atholl; he marched on Saturday towards him, and within two miles of Blair about 5 at night they engaged, and by several inferior officers and soldiers that is come here this evening, gives us the account, that after a sharp engagement Dundie being much stronger, the Major General was quite defeat, and I have yet heard of no officers of quality that is come of but Lieutenant Colonel Lauther, who my Lord Ruthven spoke with as he came from St. Johnston this day, and gives the same account of their being wholly routed, but the confusion is such here that the particulars is hardly to be got. We have given orders at Council this afternoon to draw all the standing forces to Stirling, and has sent to the west country to raise all the fencible men, and Sir John Lanier has write to the English forces in Northumberland to march in here, and is going to Stirling to command, for Mackay is either killed or taken by all the account we have yet got, but you shall quickly have another flying packet or an express.

FOOTNOTES:

[1] Perth.



THE BATTLE OF KILLIECRANKIE (1689).

Source.Memoirs of the War carried on in Scotland and Ireland, 1689-1691, by Major-General Hugh Mackay, Commander-in-Chief of His Majesty's forces. With an appendix of original papers, p. 50. (Edinburgh: Bannatyne Club, 1833.)

Being come up to the advanced party he[2] saw some small parties of the enemy, the matter of a short mile, marching slowly along the foot of a hill which lay towards Blair, marching towards us; whereupon he sent orders to Balfour to march up to him in all haste with the foot. But presently upon that order, having discovered some bodies of them marching down an high hill, within a quarter of a mile to the place where he stood, when the gross[3] of their body appeared, fearing that they should take possession of an eminence just above the ground where our forces halted on, of a steep and difficult ascent, full of trees and shrubs, and within a carbine shot of the place whereon we stood, whereby they could undoubtedly force us with their fire in confusion over the river, he galloped back in all haste to the forces, and having made every battalion form by a Quart de Conversion to the right upon the ground they stood, made them march each before his face up the hill, by which means he prevented that inconveniency, and got a ground fair enough to receive the enemy, but not to attack them, there being, within a short musket shot to it, another eminence before our front, as we stood when we were up the lowest hill, near the river, whereof Dundee had already got possession before we could be well up, and had his back to a very high hill, which is the ordinary maxim of Highlanders, who never fight against regular forces upon anything of equal terms, without a sure retreat at their back, particularly if their enemies be provided of horse; and to be sure of their escape, in case of a repulse, they attack bare footed, without any clothing but their shirts, and a little Highland doublet, whereby they are certain to outrun any foot, and will not readily engage where horse can follow the chase any distance.... Shortly thereafter, and about half an hour before sunset, they began to move down the hill.

The General had already commanded the officers, commanding battalions, to begin their firing at the distance of 100 paces by platoons, to discourage the approaching Highlanders, meeting with continual fire: That part of their forces which stood opposite to Hastings, who had the right of all, before the Generals', Levin's and Kenmore's regiments, came down briskly together with their horse, and notwithstanding of a brisk fire, particularly from the General's own battalion, whereby many of the chief gentlemen of the name of Macdonald, who attacked it, were killed, pushed their point, after they had fired their light pieces at some distance, which made little or no execution, with sword in hand, tho' in great confusion, which is their usual way. Which when the General observed, he called to the Lord Belhaven to march up with the first troop of horse, ordering him to flank to the left hand the enemy, the fire being then past on all hands, and coming to handy strokes if our men had stood, appointing the second troop to do the same to the right; but scarcely had Belhaven got them without the front of the line, where they had orders to wheel for the flank, tho' their very appearance made the enemy turn away from the place where they saw the horse coming up, but contrary to orders, they began to pass, not knowing whereat, and presently turned about, as did also Kenmore's and the half of Levin's battalion.

The General, observing the horse come to a stand, and firing in confusion, and the foot beginning to fall away from him, thinking happily that the horse would be picked to follow his example, and in all cases to disengage himself out of the crowd of Highlanders which came down just upon the place where he was calling to the officers of the horse to follow him, spurr'd his horse through the enemy, (where no body nevertheless followed him, but one of his servants, whose horse was shot in passing).... Having passed through the crowd of attacking Highlanders, he turned about to see how matters stood, and found that all his left had given way, and got down the hill which was behind our line, ranged a little above the brow thereof, so that in the twinkling of an eye in a manner, our men, as well as the enemy, were out of sight, being got down pall mall to the river where our baggage stood....

The enemy lost on the field six for our one, the fire to our right having been continued and brisk, whereby not only Dundee, with several gentlemen of quality of the countys of Angus and Perth, but also many of the best gentlemen among the Highlanders, particularly of the Macdonalds of the Isles and Glengarie, were killed, coming down the hill upon Hastings, the General, and Levin's regiments, which made the best fire and all the execution....

The General having got the small rests of his forces safely over the river, and seeing no disposition, so far as he could discern, of the enemy to pursue him, he bethought himself which way he had best retire; and notwithstanding of the contrary advice of all the officers who would have him to descend the plain country of Athole to Dunkeld and Perth, he resolved rather to march into the Highlands three or four miles, and then over to Strath Tay and along the foot of the hills, over the Castle of Drummond, where he had a garrison, to Stirling, whither he resolved to make all the speed possible, to fall upon some present measures.

FOOTNOTES:

[2] Major-General Mackay, commanding the Royal troops.

[3] Bulk.



THE RELIGIOUS SETTLEMENT (1690).

Source.Letters and State Papers chiefly Addressed to George, Earl of Melville, Secretary of State for Scotland, 1689-1691, p. 436. (Edinburgh: Bannatyne Club, 1843.)

22 May, 1690 WILLIAM R.

HIS MAJESTIES REMARQUES upon the Act for settling Church Government in Scotland, Which, together with some reasons designed for the clearing of it, and answering those objections that might be made against it, was sent to him by My Lord Commissioner.

1st, Whereas it is said that the Church of Scotland was reformed from Poperie, by Presbyters without Prelacy, his Majesty thinks, that tho this matter of fact may be true, which he doth not contradict, yet it being denied by some who discourse much of a power that Superintendents had in the beginning of the Reformation, which was like to that which Bishops afterwards had, it were better it were otherwise expressed.

2d, Whereas it is said that their Majesties do ratify the Presbyterial Church Government to be the only Government of Christ's Church in this kingdom; his Majesty desires it may be expressed thus,—to be the government of the Church in this Kingdom established by law.

3d, Whereas it is said that the government is to be exercised by sound Presbyterians, and such as for hereafter shall be owned by Presbyterian Church Judicatories, as such; his Majesty thinks that the rule is too general, depending as to its application upon the opinions of particular men; and therefore he desires that what is said to be the meaning of the rule in the reasons sent to him, may be expressed in the Act, viz., That such as shall subscribe to the Confession of Faith and Catechisms, and are willing to submit to the government of the Church, as established by law, being sober in their lives, sound in their doctrine, and qualified with gifts for the ministry, shall be admitted to the government, and his Majesty doth judge that the following Declaration might be a good Test:—

I, A—— B—— do sincerely declare, and promise, that I will own and submit to the present government of the Church, as it is now by Law established in this Kingdom, and that I will heartily concur with and under it, for the suppressing of sin and wickedness, the promoting of piety, and the purging of the Church of all erroneous and scandalous Ministers; and I do also assent and consent to the Confession of Faith, and the Larger and Shorter Catechisms, now confirmed by Act of Parliament, as the Standard of the Protestant religion in this Kingdom.

... 5th, As to what concerns the meeting of Synods and General Assemblies, his Majesty is willing that it should be enacted, that they meet at such and such times of the year, and as often as shall be judged necessary, provided always, that they apply to him or his Privy Council to know if there be any inconveniency as to public affairs in their meeting at such times, and have his allowance accordingly; and that in all their General Assemblies, a Commissioner in the name of his Majesty be there present, to the end, that nothing may be proposed, but what merely concerns the Church; and in case anything relating to the Civil government, or that is prejudicial to it, should be there proposed or debated, the said Commissioner may give a stop to it, till he has acquainted the Privy Council, and received their direction in it.

6th, Whereas it is desired to be enacted, that the parishes of those thrust out by the people in the beginning of this Revolution be declared Vacant upon this reason, because they were put upon congregations without their consent, his Majesty desires it may be so expressed, as may be consistent with the rights of Patrons, which he thinks he hath the more reason to desire, because in the reasons sent up with the Act, it seems to be acknowledged that this procedure is Extraordinary, and not to be drawn into consequence....

His Majesties resolution to be candid and above board in what he does, and his desire, that what is now granted by him to the Church may not be uneasie to him afterwards, do incline him to have the above-mentioned amendments in the Act.

It is his Majesties desire, that such as are of the Episcopal persuasion in Scotland have the same Indulgence that Dissenters have in England, provided they give security to live peaceably under the Government, and take the Oath of Allegiance.

W. R.



THE MASSACRE OF GLENCOE (1692).

Source.Papers Illustrative of the Political Condition of the Highlands of Scotland from the Year 1689 to 1696, p. 68. (Glasgow: Maitland Club, 1845.)

A. SIR THO. LIVINGSTOUN, COMMANDER-IN-CHIEF IN SCOTLAND TO COLL. HAMILTON AT FORT WILLIAM.

Ed^r., 23^d Jary. 92.

SIR,—Since my last I understand that the Laird of Glenco, coming after the prefixed time, was not admitted to take the oath,[4] which is very good news here, being that at Court it's wished he had not taken it, so that that [th]eiving nest might be entirely rooted out; for the Secretary[5] in three of his last letters hath made mention of him, and it is known at Court he has not taken it. So Sir, here is a fair occasion for you to show that your garrison serves for some use; and being that the orders are so positive from Court to me not to spare [a]n[y] of them that have not timely come in, as you may by the orders I sent to your Col., I desire you would begin with Glenco, and spair nothing which belongs to him, but do not trouble the Government with prisoners. I shall expect to hear what progress you have made in this, and remain, Sir, Your humble Servant

T. LIVINGSTOUN.

B. FOR HIS MAJESTIES SERVICE TO CAPTAIN ROBERT CAMPBELL OF GLENLYON (idem, p. 72).

1692, Feb. 12.

SIR,—You are hereby ordered to fall upon the rebels, the M'Donalds of Glenco, and to put all to the sword under 70. You are to have a special care that the old fox and his sones do not escape your hands. You are to secure all the avenues, that no man escape. This you are to put in execution at fyve of the clock precisely. And by that time, or very shortly after it, I will strive to be at yow with a stronger party. If I do not come to yow at fyve, you are not to tarry for me, but to fall on. This by the King's special commands, for the good and safety of the country, that these miscreants be cutt off root and branch. So that this be put in execution without feed[6] or favour, as you may expect to be dealt with as one not true to King nor country, nor a man fit to carry commission in the King's service. Expecting ye will not fail in the fulfilling hereof, as yow love yourself, I subscryve this with my hand at Ballacholis,[7] 12 febrry, 1692

ROBERT DUNCANSON.

C. REPORT OF THE COMMISSION GIVEN BY HIS MAJESTY, UNDER THE GREAT SEAL, 29TH APRIL, 1695, FOR INQUIRING INTO THE SLAUGHTER OF THE MEN OF GLENCO, 13TH FEBRUARY, 1692 (idem, p. 99).

At Holyrudhouse, 20th June, 1695.

... The things to be remark'd preceding the said slaughter were, that it's certain that the Lairds of Glenco and Auchintriaten, and their followers, were in the insurrection and rebellion made by some of the Highland clans, under the command, first of the Viscount of Dundee, and then of Major-Gen. Buchan, in the years 1689 and 1690. This is acknowledg'd by all. But when the Earl of Breadalbane called the heads of the clans, and met with them at Auchallader, in July 1691, in order to a cessation, the deceas'd Alexander Macdonald of Glenco was there, with Glengary, Sir John Maclene, and others, and agreed to the cessation; as it is also acknowledg'd.... And here the Commissioners cannot but take notice of what hath occurr'd to them in two letters from Secretary Stair, to Lieutenant-Colonel Hamilton, one of the 1st, and another of the 3d of December, 1691, wherein he expresses his resentment from the marring of the bargain that should have been betwixt the Earl of Breadalbane and the Highlanders, to a very great height; ... —And, in effect, seems, even at that time, which was almost a month before the expiring of the King's indemnity, to project, with Lieutenant-Colonel Hamilton, that some of them should be rooted out and destroyed. His Majesty's proclamation of indemnity was publish'd in Aug. 1691, offering a free indemnity and pardon to all the Highlanders who had been in arms, upon their coming in, and taking the oath of allegiance, betwixt then and the first of January thereafter: And, in compliance with the proclamation, the deceas'd Glenco goes, about the end of Decemb. 1691, to Col. Hill, Governor of Fort William at Inverlochie, and desir'd the Colonel to minister to him the oath of allegiance, that he might have the King's indemnity: But Col. Hill, in his deposition, doth further depone, that he hasten'd him away all he could, and gave him a letter to Ardkinlas to receive him as a lost sheep; ... Sir Colin Campbell of Ardkinlas, Sherif-Deput of Argyle, depones, that the deceas'd Glenco came to Inverary about the beginning of January, 1692, with a letter from Colonel Hill, to the effect above mentioned, and was three days there before Ardkinlas could get thither, because of bad weather; and that Glenco said to him, that he had not come sooner because he was hinder'd by the storm; and Ardkinlas farther depones, that when he declin'd to give the oath of allegiance to Glenco, because the last of December, the time appointed for the taking of it, was past, Glenco begg'd, with tears, that he might be admitted to take it, and promis'd to bring in all his people within a short time to do the like, and, if any of them refused, they should be imprisoned, or sent to Flanders: upon which, Ardkinlas says, he did administer to him the oath of allegiance upon the 6th of January, 1692....

These things having preceded the slaughter, which happen'd not to be committed until the 13th of February, 1692, six weeks after the deceas'd Glenco had taken the oath of allegiance at Inverary. The slaughter of the Glenco men was in this manner, viz., John and Alexander MacDonalds, sons to the deceas'd Glenco, depone, that Glengary's house being reduc'd, the forces were called back to the south, and Glenlyon, a captain of the Earl of Argyle's regiment, with Lieutenant Lindsay, and Ensign Lindsay, and six score soldiers, return'd to Glenco about the 1st of February, 1692, where, at their entry, the elder brother, John, met them, with about 20 men, and demanded the reason of their coming; and Lieutenant Lindsay showed him his orders for quartering there, under Colonel Hill's hand, and gave assurance that they were only come to quarter; whereupon they were billeted in the country, and had free quarters, and kind entertainment, living familiarly with the people until the 13th day of Feb.; and Alexander farther depones, that Glenlyon, being his wife's uncle, came almost every day, and took his morning drink at his house, and that the very night before the slaughter, Glenlyon did play at cards, in his own quarters, with both the brothers; and John depones, that old Glenco, his father, had invited Glenlyon, Lieutenant Lindsay, and Ensign Lindsay, to dine with him upon the very day the slaughter happened. But, on the 13th day of February, being Saturday, about four, or five, in the morning, Lieutenant Lindsay, with a party of the foresaid soldiers, came to old Glenco's house, where, having call'd, in a friendly manner, and got in, they shot his father dead, with several shots, as he was rising out of his bed; and, the mother having got up, and put on her clothes, the soldiers stripp'd her naked, and drew the rings off her fingers with their teeth; as likewise they killed one man more, and wounded another grievously, at the same place.... And the said John, Alexander, and Archibald MacDonalds, do all depone, that, the same morning, there was one Sergeant Barber, and a party, at Auchnaion, and that Auchintriaten being there, in his brother's house, with eight more, sitting about the fire, the soldiers discharged upon them about 18 shot, which killed Auchintriaten, and four more; ... And, at Innerriggin, where Glenlyon was quartered, the soldiers took other nine men, and did bind them, hand and foot, [and] kill'd them, one by one, with shot; and, when Glenlyon inclin'd to save a young man, of about 20 years of age, one Captain Drummond came, and ask'd how he came to be sav'd in respect of the orders that were given, and shot him dead; and another young boy, of about 13 years, ran to Glenlyon, to be sav'd. He was likewise shot dead.... And all these five witnesses concur, that the aforesaid slaughter was made by Glenlyon, and his soldiers, after they had been quarter'd, and liv'd peaceably, and friendly, with the Glenco men about 13 days, and that the number of those whom they knew to be slain were about 25, and that the soldiers, after the slaughter, did burn the houses, barns, and goods, and carried away a great spoil of horse, nolt,[8] and sheep, above a 1,000.

... And upon the whole matter, it is the opinion of the Commission, First, that it was a great wrong that Glenco's case, and diligence as to his taking the oath of allegiance, with Ardkinlas's certificate of his taking the oath of allegiance on the 6th of January, 1692, and Col. Hill's letter to Ardkinlas, and Ardkinlas's letter to Colin Campbell, Sheriff-Clerk, for clearing Glenco's diligence and innocence, were not presented to the Lords of his Majesty's Privy Council, when they were sent into Edinburgh, in the said month of January, and that those who advis'd the not presenting thereof were in the wrong, and seem to have had a malicious design against Glenco; ... Secondly, that it appears to have been known at London, and particularly to the Master of Stair, in the month of January, 1692, that Glenco had taken the oath of allegiance, tho' after the day prefix'd; for he saith, in his letter of the 30th of January, to Sir Tho. Livingston, as is above remark'd, "I am glad that Glenco came not in within the time prescrib'd." Thirdly, that there was nothing in the King's instructions to warrant the committing of the foresaid slaughter, even as to the thing it self, and far less as to the manner of it, seeing all his instructions do plainly import, that the most obstinate of the rebels might be received into mercy upon taking the oath of allegiance, tho' the day was long before elaps'd, and that he ordered nothing concerning Glenco and his tribe, but that "if" they could "be well separated from the rest, it" would "be a proper indication of the publick justice to extirpate that sept of thieves"; which plainly intimates, that it was his Majesty's mind that they could not be separated from the rest of these rebels, unless they still refused his mercy by continuing in arms and refusing the allegiance, and that, even in that case, they were only to be proceeded against in the way of publick justice, and no other way.

FOOTNOTES:

[4] Of allegiance to King William.

[5] The Master of Stair.

[6] Probably fear.

[7] Ballachulish.

[8] Cattle.



THE BANK OF SCOTLAND (1695).

Source.The Acts of the Parliaments of Scotland, vol. ix., p. 495. (London: 1822.)

ACT FOR ERECTING A PUBLICK BANK.

Our Sovereign Lord considering how useful a Publick Bank may be in this Kingdom according to the custom of other kingdoms and states, and that the same can only be best set up and managed by persons in company with a Joynt Stock, sufficiently endowed with these powers and authorities and liberties necessary and usual in such cases, Hath therefore allowed, and with the advice and consent of the Estates of Parliament allows, a joynt stock amounting to the sum of twelve hundred thousand pounds money to be raised by the Company hereby established for the carrying on and managing of a publick bank. And further statutes and ordains, with advice foresaid, that the persons under-named ... shall have power to appoint a Book for subscriptions of persons, either natives or foreigners, who shall be willing to subscribe and pay into the joynt stock, Which subscriptions the foresaids persons or their quorum are hereby authorized to receive in the foresaid book, which shall lie open every tuesday or friday from nine to twelve in the forenoon, and from three to six in the afternoon betwixt the first day of November next and the first day of January next following, in the publick hall or chamber to be appointed in the City of Edinburgh. And therein all persons shall have liberty to subscribe for such sums of money as they shall think fit to adventure in the said joynt stock, one thousand pound Scots being the lowest sum, and twenty thousand pound Scots the highest. And the two third parts of the saids stocks belonging always to persons residing in Scotland. Likeas, each and every person at the time of his subscribing shall pay into the hands of the fore-named persons, or any three of them, ten of the hundred of the sums set down in their respective subscriptions towards the carrying on the Bank. And all and every the persons subscribing and paying into the said stock, as aforsaid, shall be and are hereby declared to be one Body Corporat and Politique, by the name of THE GOVERNOUR AND COMPANY OF THE BANK OF SCOTLAND, under which name they shall have perpetual succession, and shall have a Common Seal....

And it is farder hereby statute and ordained that it shall be lawful for the said Governour and Company to lend, upon real or personal security, any sum or sums, and to receive annual rent for the same at six per cent., as shall be ordinary for the time. As also, that if the person borrowing as said is, shall not make payment at the time agreed upon with the Company, then it shall be lawful for the Governour and Company to sell and dispose of the security or pledge by a public roup, for the most that can be got for payment to them of the principal annual rents and reasonable charges, and returning the over-plus to the person who gave the said security or pledge....

It is hereby statute that the joynt stock of the said Bank, continuing in money, shall be free from all publick burdens to be imposed upon money for the space of twenty one years after the date hereof. And that during this space it shall not be leisom[9] to any other persons to enter into and set up ane distinct Company of Bank within this Kingdom, besides these persons allennarly[10] in whose favour this Act is granted.... And it is likeways hereby provided that all foreigners who shall join as partners of this Bank shall thereby be and become naturalized Scotsmen to all intents and purposes.

FOOTNOTES:

[9] Lawful.

[10] Only.



THE DARIEN SCHEME (1695-1700).

A. THE PROJECT AND ITS ORIGINATOR (1695).

Source.—Bishop Burnet's History of His Own Times, vol. iv., p. 282. (Oxford: 1833.)

Another act passed, that has already produced very fatal consequences to that kingdom[11]; and may yet draw worse after it: the interlopers in the East India trade, finding that the company was like to be favoured by the parliament, as well as by the court, were resolved to try other methods to break in upon that trade: they entered into a treaty with some merchants in Scotland; and they had, in the former session, procured an act, that promised letters patents to all such as should offer to set up new manufactures, or drive any new trade, not yet practised by that kingdom, with an exemption for twenty-one years from all taxes and customs, and with all such other privileges, as should be found necessary for establishing or encouraging such projects. But here was a necessity of procuring letters patents, which they knew the credit that the East India company had at court would certainly render ineffectual. So they were now in treaty for a new act, which should free them from that difficulty.

There was one Paterson, a man of no education, but of great notions; which, as was generally said, he had learned from the Buccaneers, with whom he had consorted for some time. He had considered a place in Darien, where he thought a good settlement might be made, with another over against it, in the South Sea; and by two settlements there, he fancied a great trade might be opened both for the East and West Indies; and that the Spaniards in the neighbourhood might be kept in great subjection to them; so he made the merchants believe, that he had a great secret, which he did not think fit yet to discover, and reserved to a fitter opportunity; only he desired, that the West Indies might be named in any new act that should be offered to the parliament: he made them in general understand, that he knew of a country, not possessed by Spaniards, where there were rich mines, and gold in abundance. While these matters were in treaty, the time of the King's giving the instructions to his commissioner for the parliament came on; and it had been a thing of course, to give a general instruction, to pass all bills for the encouragement of trade. Johnstoun told the King, that he heard there was a secret management among the merchants for an act in Scotland, under which the East India trade might be set up; so he proposed, and drew an instruction, impowering the commissioner to pass any bill, promising letters patents for encouraging of trade, yet limited, so that it should not interfere with the trade of England: when they went down to Scotland, the King's commissioner either did not consider this, or had no regard to it; for he gave the royal assent to an act, that gave the undertakers, either of the East India or West India trade, all possible privileges, with exemption of twenty-one years from all impositions: and the act directed letters patents to be passed under the great seal, without any further warrant for them: when this was printed, it gave a great alarm in England, more particularly to the East India company; for many of the merchants of London resolved to join stock with the Scotch company; and the exemption from all duties gave a great prospect of gain. Such was the posture of affairs in Scotland....

Great complaints were made in both houses of the act for the Scotch East India company, and addresses were made to the King, setting forth the inconveniencies that were like to arise from thence to England: the King answered, that he had been ill served in Scotland: but he hoped remedies should be found, to prevent the ill consequences that they apprehended from the act: and soon after this, he turned out both the secretaries of state, and the marquis of Tweedale: and great changes were made in the whole ministry of that Kingdom, both high and low....

But when it was understood in Scotland that the King had disowned the act for the East India company, from which it was expected that great riches should flow into that Kingdom, it is not easy to conceive how great and how general an indignation was spread over the whole kingdom: the Jacobites saw what a game it was like to prove in their hands; they played it with great skill, and to the advantage of their cause, in a course of many years; and continue to manage it to this day: there was a great deal of noise made of the Scotch act in both houses of parliament in England, by some who seemed to have no other design in that, but to heighten our distractions by the apprehensions that they expressed. The Scotch nation fancied nothing but mountains of gold; and the credit of the design rose so high, that subscriptions were made, and advances of money were offered, beyond what any believed the wealth of that Kingdom could have furnished. Paterson came to have such credit among them, that the design of the East India trade, how promising soever, was wholly laid aside: and they resolved to employ all their wealth in the settling a colony, with a port and fortifications, in Darien; which was long kept a secret, and was only trusted to a select number, who assumed to themselves the name of the African company, though they never meddled with any concern in that part of the world; the unhappy progress of the affair will appear in its proper time.

FOOTNOTES:

[11] Scotland.



B. CONSTITUTION OF THE COMPANY (1698).

Source.The Darien Papers: being a Selection of Original Letters and Official Documents relating to the Establishment of a Colony at Darien by the Company of Scotland trading to Africa and the Indies, 1695-1700. (Edinburgh: Bannatyne Club, 1849.)

Know all men by these presents, that in pursuance of the powers and privileges granted by the 32nd Act of the 4th Session and the 8th Act of the 5th Session of this current Parliament—as well as by His Majesty's letters patent under the great seal of this Kingdom, to the Company of Scotland trading to Africa and the Indies, the Council General of the said Company have upon mature deliberation Resolved (God willing) to settle and plant a Colony in some place or other not inhabited, in America, or in or upon any other place, by consent of the natives and inhabitants thereof, and not possessed by any European Sovereign, Potentate, Prince, or State, to be called by the name of CALEDONIA; and the said Council General, reposing full trust and confidence in the capacity, fidelity, discretion, and good conduct of their trusty and well-beloved friends, Major James Cunningham of Eickett, Mr. James Montgomery, Mr. Daniel Mackay, Cap^n Robert Jolly, Cap^n Robert Pennicuik, Cap^n William Vetch, and Cap^n Robert Pinkarton,—have Resolved and fully agreed upon the following fundamental Constitutions as a perpetual Rule of Government for the said Colony, viz.

1. That the Government Civil, Military and Admirality of the said Colony and dependancies thereof, shall be and remain in the persons of the said Major James Cunningham of Eickett, Mr. James Montgomery, Mr. Daniel Mackay, Cap^t Robert Jolly, Cap^t Robert Pennicuik, Cap^t William Vetch, and Cap^t Robert Pinkarton, from the time of their setting sail from Scotland, together with such others as shall be assum'd and added to them in manner after specified....

6. That all Persons, of what Nation soever, have full freedom and liberty to trade to and from the said colony under the condition after mentioned, and that such of them as shall come to live and inhabite on the said Colony, shall according to their respective States and conditions enjoy equal privileges with the other Inhabitants thereof, such Inhabitants first giving up their several names and designations to be enrolled in a particular Register to be kept for that use....

8. That the Company do reserve to themselves, the 1/20th part of all Lands and grounds that shall be possessed by the said Colony.

9. That the Company do also reserve to themselves, the 1/20th part of all Gold-dust, Mines of Gold, Silver, or other Metalls or Minerals, to be delivered above ground free of all Charges, together with the said proportion of Pearl-fishing, Wrecks, Ambergreese, precious wood, Jewels, Gems or Stones of value, that shall any ways be found in or upon the said Colony or dependancies thereof, and that the remaining 19 parts thereof do equally belong to the Company and Colony in proportion to their respective proportions of Lands in the said Colony, they always contributing in proportion to their respective interests to all Charges for discovering and working the said Mines and others....

In testimony of all which Premisses, these presents are in name, presence, and by order of the said Council General, Signed by the Company's Secretary and Sealed with the Company's Seal, At Edinburgh the eighth day of July One Thousand Six hundred and Ninty eight years.



C. WHY THE COLONY FAILED (1698).

Source.—Bishop Burnet's History of His Own Times, vol. iv., p. 395. (Oxford: 1833.)

... The company in Scotland, this year, set out a fleet, with a colony, on design to settle in America: the secret was better kept than could have been well expected, considering the many hands in which it was lodged; it appeared at last, that the true design had been guessed, from the first motion of it: they landed at Darien, which, by the report that they sent over, was capable of being made a strong place, with a good port. It was no wonder that the Spaniards complained loudly of this; it lay so near Porto Bello and Panama on the one side, and Carthagena on the other, that they could not think they were safe, when such a neighbour came so near the centre of their Empire in America: the King of France complained also of this, as an invasion of the Spanish dominions, and offered the court of Madrid a fleet to dislodge them. The Spaniards pressed the King hard upon this: they said, they were once possessed of that place; and though they found it too unhealthy to settle there, yet the right to it belonged still to them: so this was a breach of treaties, and a violent possession of their country. In answer to this, the Scotch pretended, that the natives of Darien were never conquered by the Spaniards, and were by consequence a free people; they said, they had purchased of them leave to possess themselves of that place, and that the Spaniards abandoned the country, because they could not reduce the natives: so the pretension of the first discovery was made void, when they went off from it, not being able to hold it; and then the natives being left to themselves, it was lawful for the Scots to treat with them: it was given out, that there was much gold in the country. Certainly, the nation was so full of hopes from this project, that they raised a fund for carrying it on, greater than, as was thought, that kingdom could stretch to; four hundred thousand pounds sterling was subscribed, and a fourth part was paid down, and afterwards, seventy thousand pounds more was brought in, and a national fury seemed to have transported the whole kingdom, upon this project.

... Our English plantations grew ... very jealous of this new colony: they feared, that the double prospect of finding gold and of robbing the Spaniards, would draw many planters from them into this new settlement; and that the buccaneers might run into them: for by the Scotch act, this place was to be made a free port; and if it was not ruined before it was well formed, they reckoned it would become a seat of piracy and another Algiers in those parts. Upon these grounds, the English nation inclined to declare against this, and the King seemed convinced, that it was an infraction of his treaties with Spain: so orders were sent, but very secretly, to the English plantations, particularly to Jamaica and the Leeward islands, to forbid all commerce with the Scots at Darien. The Spaniards made some faint attempts on them, but without success. This was a very great difficulty on the King; he saw how much he was like to be pressed on both hands, and he apprehended what ill consequences were like to follow, on his declaring himself either way.



D. INDIGNATION IN SCOTLAND (1699).

Source.—Bishop Burnet's History of His Own Times, vol. iv., p. 429. (Oxford: 1833.)

In Scotland all men were full of hopes, that their new colony should bring them home mountains of gold; the proclamations sent to Jamaica and to the other English plantations were much complained of, as acts of hostility, and a violation of the common rights of humanity; these had a great effect on them, though without these, that colony was too weak and too ill supplied, as well as too much divided within itself, to have subsisted long; those, who had first possessed themselves of it, were forced to abandon it: soon after they had gone from it, a second recruit of men and provisions was sent thither from Scotland; but one of their ships unhappily took fire, in which they had the greatest stock of provisions; and so these likewise went off: and though the third reinforcement, that soon followed this, was both stronger and better furnished, yet they fell into such factions among themselves, that they were too weak to resist the Spaniards, who, feeble as they were, yet saw the necessity of attacking them: and they finding themselves unable to resist the force which was brought against them, capitulated; and with that the whole design fell to the ground, partly for want of stock and skill in those who managed it, and partly by the baseness and treachery of those whom they employed.

The conduct of the King's ministers in Scotland was much censured in the whole progress of this affair; for they had connived at it, if not encouraged it, in hopes that the design would fall of itself; but now it was not so easy to cure the universal discontent, which the miscarriage of this design, to the impoverishing the whole kingdom, had raised, and which now began to spread, like a contagion, among all sorts of people. A petition for a present session of parliament was immediately sent about the kingdom, and was signed by many thousands: this was sent up by some of the chief of their nobility, whom the King received very coldly: yet a session of parliament was granted them, to which the duke of Queensbury was sent down commissioner ... it was further given out, to raise the national disgust yet higher, that the opposition the King gave to the Scotch colony, flowed neither from a regard to the interests of England, nor to the treaties with Spain, but from a care of the Dutch, who from Curasoe[12] drove a coasting trade, among the Spanish plantations, with great advantage; which, they said, the Scotch colony, if once well settled, would draw wholly from them.... In the session of parliament it was carried by a vote, to make the affair of Darien a national concern: upon that, the session was for some time discontinued. When the news of the total abandoning of Darien was brought over, it cannot be well expressed into how bad a temper this cast the body of that people: they had now lost almost two hundred thousand pounds sterling upon this project, besides all the imaginary treasure they had promised themselves from it: so the nation was raised into a sort of a fury upon it, and in the first heat of that, a remonstrance was sent about the kingdom for hands, representing to the King, the necessity for a present sitting of the parliament, which was drawn in so high a strain, as if they had resolved to pursue the effects of it by an armed force. It was signed by a great majority of the members of parliament; and the ferment in men's spirits was raised so high, that few thought it could have been long curbed, without breaking forth into great extremities.

FOOTNOTES:

[12] Curacoa.



THE UNION IMPENDING (1703).

Source.Memoirs of the Life of Sir John Clerk of Penicuik, Baronet, Baron of the Exchequer: extracted by himself from his own Journals, 1676-1755, p. 46. (Edinburgh: Scottish Historical Society, 1892.)

A Convention of Estates followed the Revolution by King William in 1688, which was afterwards turned into a Parliament, and continued 'till the Death of that King in 1702. The same parliament continued to sit upon the accession of Queen Ann to the Crown, and was not dissolved till the year 1703, when the new Parliament was called.... I have thrown together some observations on this session of Parliament in another Manuscript book, so shall say little here. It was divided into 3 factions, who, as they had different views, drove different ways. The first was what was called the Court party; they were for supporting the Crown and the Credit of the High Commissioner, consequently they were for giving moderate subsidies for supporting the Government against the insults of the French, with whom we were, at that time, in war. They had the union of the two nations in view, because they not only considered it as the happiest thing that could be brought about for the Interest of Great Britain, but because it was expressly recommended to them by the Queen. The second faction was that of the Jacobites; they were to thwart and disturb the Administration at any rate. The third faction was what went under the name of the Squadrone Volante. These consisted of about fifteen Lords and Gentlemen, all Whigs in their principles, but who herded together, and kept little or no communication with the Duke of Queensberry[13] and his Friends. They were for opposing everything which they durst oppose, but to keep firmly in their view the succession of the Crown in the House of Hanover. They pretended to be great Patriots, and to stand up chiefly in defence of the rights and privileges of the subjects; in a word, the public good and the liberty of the subjects were still in their mouths, but in their Hearts they were known to have Court preferments and places in the chiefest degree of veneration. These were the springs and motives of all their Actions, which appeared in a hundred instances thereafter. However, by the bye, I must say that such a Squadrone Volante in any Parliament seems to be always a happy means in the hand of Providence to keep the several members of an Administration in their duty, for people in great power seldom fail to take more upon them than falls to their share.

The chiefs of the Squadrone Lords were the Dukes of Montrose and Roxburgh, the Earls of Rothes and Haddington, all these young men of about 24 years of Age; but the chief of all, at least the man under whose name they principally voted, was the Marquis of Tweeddale, a very good Man, but not perfectly qualified for Court intrigues.

Amongst their Gentlemen was one Mr. Fletcher of Saltoun, a Man of Republican principles, who had spent his youth in Holland, had been forfeited under the late King James, but afterwards restored under King William by Act of Parliament. He was a man a little untoward in his temper, and much inclined to Eloquence. He made many speeches in Parliament, which are all printed, but was not very dexterous in making extemporary replies. He was, however, a very Honest Man, and meant well in everything he said and did, except in cases where his humour, passion, or prejudices were suffered to get the better of his reason.

FOOTNOTES:

[13] The Royal Commissioner.



UNION OF THE CROWNS.

A. THE LAST SCOTTISH PARLIAMENT (1705).

Source.A Journey to Edenborough in Scotland, p. 112, by Joseph Taylor, late of the Inner Temple, Esquire. Edited from the original manuscript by William Cowan. (Edinburgh: 1903.)

It hapned whilst we were at Edenborough, that the Act for a treaty of Union, between England and Scotland, was upon debate, and having the honour to have severall Lords and Members of parliament often dine with us, they inform'd us of the Grand day when the Act was to be past or rejected, and by speciall favour of my Lord high Commissioner, we had leave to stand upon the throne by his right hand: The usuall way to admit strangers is to give them a battoon; which holding in their hands, shows that they are forreigners. The Lords and Comons sit together; As soon as we heard the names call'd over, We observ'd Dukes, Marquesses, and Earles sat on the Uppermost seats on the right hand, Viscounts and Barons on the uppermost Seats of the left, The Knights of the Shires under the Dukes, Marquesses, and Earles, and the Burgesses and Commoners under the Viscounts and Barons. The Lord Chancellor under the Commissioner's Throne, The Lord Treasurer on his right hand, and the Secretary of State on his left, and directly under him the Lord Justice Clerk, and at the head of a long Table, on which is plac't the Crown, Scepter, and Sword, the Earle Marshall; The Lord high Commissioner has his Commission always before him in a velvet purse on his cushion.

When they began to debate, we observ'd that the principall leading men of the High party, or those which oppos'd the Court, were the Duke of H——,[14] the Duke of A——,[15] the Lord C——y,[16] and the Lord B—a—en,[17] and one Fletcher of Salton, who speaks well, but with a great deal of passion, The Earle of S—f—d,[18] who is Lord C——r,[19] is a very ingenious man, His cheif perfection, and what is most requisite for his office in the house, is resuming debates, which he does with an admirable dexterity, by giving soe happy a turn for the Interest of the party he espouses, that he generally carryes the point, without the censure of either party. The Lord high Commissioner says nothing; The Duke of Ar——e[20] was thought, as we were told not only too young for so high a Station, but too warm to bear the Reflections of some of the leading Malcontents, but on the contrary he behav'd himself in this criticall juncture, with so sedate and even a Temper, that he justly gain'd an universall reputation, and brought the Sessions to a happy conclusion. The Lord Chancellor determines upon all debates who shall speak first, when anything is put to the vote, every member is call'd by his name, and answers singly, approven, or not approven. The grand debate this day, being about the Act for a treaty with England, many learned speeches were made on the occasion. Some were for passing no Act till England had given them satisfaction for the affront they pretended was put upon them, by the Act pass'd last Sessions in England, which not only declar'd them Aliens, but prohibited their goods, and thereby touch't them in the most sensible part. Fletcher said, that England could not make them Aliens, since they were naturall born subjects to the Queen; ... After his debate, others were for making the English Aliens in Scotland, as a Retaliation for our making them soe in England: ... But after many other debates, and hard reflections on the English, it was at last put to the Vote, whether there should be added a clause to the Act of treaty, which should prohibit any treaty with England, till England had rescinded the Clause of Aliens, or whether it should be in a seperate way. Seperate way was carry'd by two Voices, ... The next great point was, whether the Queen or parliament should have nomination of Commissioners: ... 'Twas carry'd the Queen should nominate by 4 Voices. Then a Gentleman propos'd to add a clause, to preserve the discipline and Worship of the Kirk of Scotland, as at present establish'd: One propos'd it should be the Religion and Discipline, but my Lord Chancellor told them, that was all the same thing, and H——[21] said, 'twas not worth a Vote, and his brother the Earl of R——[22] ask't whether they might not add the Lord's prayer and Creed, and indeed by what I could observe, they would add the whole Common Liturgy of the Church of England, for they seem'd to be quite tir'd of the Kirk discipline: Now the whole Act being finish'd, the Vote was put whether it should be carry'd approven, or no, and 'twas carry'd approven, by 34 voices. As soon as this was over, we left the house, and that night Collonell Ogilby,[23] the Lord Chancellor's brother, the Lord Hardress,[24] and severall Lords and parliament men, came to our lodgings, and embrac'd us with all the outward marks of love and kindness, and seem'd mightily pleas'd at what was done; and told us we should now be no more English and Scotch, but Brittons. And thus we merrily spent the night, in drinking to the Success of the treaty and happy union, and next day, Colonell Ogilby and some Scotch Lords enquir'd mightily for the 3 English Gentlemen, as they call'd us, having a mind to give us a chirrupping Cup,[25] but we went to Leith that day, being willing to avoid them.

FOOTNOTES:

[14] Hamilton.

[15] Athole.

[16] Cromarty.

[17] Belhaven.

[18] Seafield.

[19] Chancellor.

[20] Argyle.

[21] Hamilton.

[22] Ruglen.

[23] Colonel Patrick Ogilvy.

[24] No such peer.

[25] Stirrup cup.



B. DRAFTING THE TREATY (1706).

Source.Memoirs of the Life of Sir John Clerk of Penicuik, Baronet, Baron of the Exchequer: extracted by himself from his own Journals, 1676-1755, p. 55. (Edinburgh: Scottish Historical Society, 1892.)

We of the Committee of Parliament for the publick accompts continued our applications to the matters remitted to us till the Parliament met in September 1705. John, Duke of Argyle, a youth of about 23 years of age, was appointed her Majesty's High Commissioner, and in this station behaved himself in a manner far above what cou'd be expected from one of his years.... A ... great benefit I received by my intimacy with the Duke and his brother was to be recommended to the Queen for one of the Commissioners to be appointed by Her Majesty for the Treaty of Union between England and Scotland.... This choise, however honourable to me, was very far from giving me the least pleasure or satisfaction, for I had observed a great backwardness in the Parliament of Scotland for an Union with England of any kind whatsoever, and therefore doubted not but, after a great deal of expense in attending a Treaty in England, I should be oblidged to return with the uneasy reflexion of having either done nothing, or nothing to the purpose, as had been the case of former Commissioners appointed for this end. I was, in short, upon the point of refusing the Honour conferred upon me, and the rather that my Father, whom I always considered as an Oracle seldom mistaken, seemed not to approve of it. However, as at last he grew passive, and that the Duke of Queensberry threatened to withdraw all friendship for me, I suffered my self to be prevailed upon, and to take journey for London with other Commissioners, and arrived there on the 13 of Aprile 1706.

... The Commissioners of both nations met in different apartments in the Royal palace of Westminster, which commonly goes under the name of the Cockpit. There was one great Room where they all met when they were called upon to attend the Queen, or were to exchange papers, but they never met to hold conferences together except once, when the number of the Scotch Representatives for the two Houses of the British Parliament came to be debated, all their transactions were reduced in writings concerted in seperat apartments. When proposals or Conditions of the Union were to be made by the English Commissioners, the Scots were desired to meet them in the great Room, and their proposals were given in by the L^d Chancellor, or the Keeper of the great seal, who was at that time the Lord Cooper, and when the Commissioners for Scotland had any thing to propose, or had answers to be made to the Commissioners of England, these were presented by the L^d Seafield, then Chancellor for Scotland....

The first grand point debated by the Commissioners for Scotland amongst themselves was whether they should propose to the English a Federal union between the two nations, or an Incorporating union. The first was most favoured by the people of Scotland, but all the Scots Commissioners, to a Man, considered it ridiculous and impracticable, for that in all the Federal unions there behoved to be a supreme power lodged somewhere, and wherever this was lodged it henceforth became the States General, or, in our way of speaking, the Parliament of Great Britain, under the same royal power and authority as the two nations are at present. And in things of the greatest consequence to the two nations, as in Councils relating to peace and war and subsidies, it was impossible that the Representatives or their suffrages in both nations cou'd be equal, but must be regulated in proportion to the power and riches of the several publick burdens or Taxations that cou'd affect them; in a word, the Scots Commissioners saw that no Union cou'd subsist between the two nations but an incorporating perpetual one. But after all the trouble we gave ourselves to please the people of Scotland, we knew at the time that it was but losing our labour, for the English Commissioners were positively resolved to treat on no kind of union with us but what was to be incorporating and perpetual....

The Queen came among us three several times, once at our first or second meeting, to acquaint us of her intentions and ardent good wishes for our success and unanimity in this great Transaction. At about a month thereafter she came again to enquire of our success, and had most of our Minutes read to her, and for the last time of what we had done....

I was ... intrusted with another province by the Commissioners for Scotland, which was to review the Calculations made for the Equivalent to be paid to Scotland for bearing their share of the Debt of England, which were afterwards to be considered as the Debts of Great Britain. These calculations were chiefly made by Doctor Gregory, professor of Mathematicks in the College of Oxford, and a certain great accomptant and projector, one Patersone,[26] from Scotland, but bred in England from his infancy....

One day I had occasion to observe the Calamities which attend human nature even in the greatest dignities of Life. Her majesty was labouring under a fit of the Gout, and in extream pain and agony, and on this occasion every thing about her was much in the same disorder as about the meanest of her subjects. Her face, which was red and spotted, was rendered something frightful by her negligent dress, and the foot affected was tied up with a pultis and some nasty bandages. I was much affected at this sight, and the more when she had occasion to mention her people of Scotland, which she did frequently to the Duke. What are you, poor meanlike Mortal, thought I, who talks in the style of a Soveraign? Nature seems to be inverted when a poor infirm Woman becomes one of the Rulers of the World, but, as Tacitus observes, it is not the first time that Women have governed in Britain, and indeed they have sometimes done this to better purpose than the Men.

But to return to the Treaty of Union, the Articles were at last agreed to, sign'd, and sealed, by all the Commissioners, the 22 of July 1706. They were afterwards presented to the Queen at her palace of S^t James, before a very numerous Assembley.

FOOTNOTES:

[26] Founder of the Bank of England, and originator of the Darien Scheme.



C. POPULAR HOSTILITY TO THE UNION (1706).

Source.The History of the Union of Great Britain, part iv., p. 27, by Daniel De Foe. (Edinburgh: 1709).

The common people now screw'd up to a pitch, and ripe for the mischief designed, and prompted by the particular agents of a wicked party, began to be very insolent: It had been whispered about several days, that the rabble would rise, and come up to the Parliament House; and cry No Union; that they would take away the Honours, as they call them, viz. the Crown etc., and carry them to the Castle, and a long variety of foolish reports of this kind. But the first appearance of anything mobish was, that every day, when the Duke[27] went up, but principally as he came down in his chair from the House, the mob follow'd him, shouting and crying out, GOD bless his Grace, for standing up against the Union, and appearing for his country, and the like.... On the 22nd of October, they follow'd the Duke's chair quite thro the city down to the Abbey Gate; the guards prevented their going further; but all the way as they came back, they were heard to threaten what they would do the next day; that then they would be a thousand times as many; that they would pull the traitors, so they called the treaters of the Union at London, out of their houses, and they would soon put an end to the Union.

On the 23rd they made part of their words good indeed; for, as the Parliament sat something late, the people gather'd in the streets, and about the doors of the Parliament House, and particularly the Parliament Close was almost full, that the members could not go in or out without difficulty; when Duke Hamilton was coming out of the House, the mob huzza'd as formerly, and follow'd his chair in a very great number; the Duke, instead of going down to the Abbey as usual, went up the High Street to the Land-Market,[28] as they call it, and so to the lodgings of the Duke of Athole; some said, he went to avoid the mob; others maliciously said, he went to point them to their work.

While he went in to the Duke of Athole's lodgings, the rabble attended at the door; and, by shouting and noise, having increased their numbers to several thousands, they began with Sir Patrick Johnston, who was one of the treaters, and the year before had been Lord Provost; first they assaulted his lodgings with stones and sticks, and curses not a few; but his windows being too high, they came up the stairs to his door, and fell to work at it with sledges, or great hammers; and, had they broke it open in their first fury, he had, without doubt, been torn in pieces without mercy; and thus only, because he was a treater in the commission to England; for, before that, no man was so well belov'd, as he, over the whole city.

His lady, in the utmost despair with this fright, comes to the window, with two candles in her hand, that she might be known; and cried out, for GOD'S sake, to call the guards; an honest apothecary in the town, who knew her voice, and saw the distress she was in, and to whom the family, under GOD, is obliged, for their deliverance, ran immediately down to the town guard; but they would not stir, without the Lord Provost's order; but that being soon obtain'd, one Captain Richardson, who commanded, taking about thirty men with him, march'd bravely up to them; and making his way with great resolution thro the crowd, they flying, but throwing stones, and hallowing at him, and his men, he seized the foot of the stair case; and then boldly went up, clear'd the stair, and took six of the rabble in the very act; and so delivered the gentleman and his family....

The city was now in a terrible fright, and every body was under concern for their friends; the rabble went raving about the streets till midnight, frequently beating drums, and raising more people; when my Lord Commissioner being informed, there were a thousand of the seamen and rabble come up from Leith; and apprehending, if it were suffered to go on, it might come to a dangerous head, and be out of his power to suppress, he sent for the Lord Provost, and demanded, that the Guards should march into the city.

The Lord Provost, after some difficulty, yielded; tho it was alleged, that it was what was never known in Edinburgh before. About one o clock in the morning, a battalion of the Guards entered the town, marched up to the Parliament Close, and took post in all the avenues of the city, which prevented the resolutions taken to insult the houses of the rest of the treaters.

The rabble were intirely reduc'd by this, and gradually dispers'd, and so the tumult ended....

The author of this[29] had his share in the danger of this tumult, and tho unknown to him, was watch'd and set by the mob, in order to know where to find him, had his chamber windows insulted, and the windows below him broken by mistake. But, by the prudence of his friends, the shortness of its continuance, and GOD'S providence, he escaped.

FOOTNOTES:

[27] Of Hamilton. An opponent of the Union.

[28] The Lawn Market.

[29] De Foe was known to be staying in Edinburgh as the emissary of the English Government.



D. "AN END OF AN OLD SONG" (1707).

Source.The Lockhart Papers: containing Memoirs and Commentaries upon the Affairs of Scotland from 1702 to 1715, vol. i., p. 222, by George Lockhart, Esq., of Carnwath. (London: 1817.)

It is not to be doubted, but the Parliament of England would give a kind reception to the articles of the Union as passed in Scotland, when they were laid before that House, as was evident from the quick dispatch in approving of and ratifying the same; and so the Union commenced on the first of May 1707, a day never to be forgot by Scotland; a day in which the Scots were stripped of what their predecessors had gallantly maintained for many hundred years, I mean the independency and soveraignty of the kingdom, both which the Earl of Seafield so little valued, that when he, as Chancellor, signed the engrossed exemplification of the Act of Union, he returned it to the clerk, in the face of Parliament, with this dispising and contemning remark, "Now there's ane end of ane old song."



"THE WEE, WEE GERMAN LAIRDIE"[30] (1714).

Source.The Jacobite Songs and Ballads of Scotland from 1688 to 1746, p. 65. Edited by Charles Mackay, LL.D. (London and Glasgow: 1861.)

Wha the deil hae we gotten for a King, But a wee, wee German lairdie! An' when we gaed to bring him hame, He was delving in his kail-yairdie[31]: Sheughing[32] kail,[33] and laying leeks, But[34] the hose and but the breeks; Up his beggar duds[35] he cleeks,[36] The wee, wee German lairdie!

And he's clapt down in our gudeman's chair, The wee, wee German lairdie! And he's brought fouth[37] o' foreign trash, And dibbled[38] them in his yairdie: He's pu'd the rose o' English loons, And brake the harp o' Irish clowns, But our Scots thristle will jag[39] his thumbs, The wee, wee German lairdie.

Come up among the Highland hills, Thou wee, wee German lairdie. And see how Charlie's lang-kail[40] thrive, That he dibbled in his yairdie: And if a stock ye daur to pu', Or haud the yoking of a pleugh, We'll break your sceptre o'er your mou',[41] Thou wee bit German lairdie!

Our hills are steep, our glens are deep, No fitting for a yairdie; And our norlan'[42] thristles winna pu', Thou wee, wee German lairdie! And we've the trenching blades o' weir,[43] Wad lib[44] ye o' your German gear, And pass ye 'neath the claymore's shear, Thou feckless[45] German lairdie!

He'll ride nae mair on strae sonks,[46] For gawing[47] his German hurdies[48]; But he sits on our gude king's throne, Amang the English lordies. Auld Scotland! thou'rt owre cauld a hole For nursing siccan[49] vermin; But the very dogs o' England's court Can bark and howl in German!

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