The History of England from the Accession of James the Second - Volume 3 - Thomas Babington Macaulay (e books for reading .TXT) 📗

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.

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