The Parliament of Scotland was undoubtedly, on this occasion, severe in the wrong place and lenient in the wrong place. The cruelty and baseness of Glenlyon and his comrades excite, even after the lapse of a hundred and sixty years, emotions which make it difficult to reason calmly. Yet whoever can bring himself to look at the conduct of these men with judicial impartiality will probably be of opinion that they could not, without great detriment to the commonwealth, have been treated as assassins. They had slain nobody whom they had not been positively directed by their commanding officer to slay. That subordination without which an army is the worst of all rabbles would be at an end, if every soldier were to be held answerable for the justice of every order in obedience to which he pulls his trigger. The case of Glencoe was, doubtless, an extreme case; but it cannot easily be distinguished in principle from cases which, in war, are of ordinary occurrence. Very terrible military executions are sometimes indispensable. Humanity itself may require them. Who then is to decide whether there be an emergency such as makes severity the truest mercy? Who is to determine whether it be or be not necessary to lay a thriving town in ashes, to decimate a large body of mutineers, to shoot a whole gang of banditti? Is the responsibility with the commanding officer, or with the rank and file whom he orders to make ready, present and fire? And if the general rule be that the responsibility is with the commanding officer, and not with those who obey him, is it possible to find any reason for pronouncing the case of Glencoe an exception to that rule? It is remarkable that no member of the Scottish Parliament proposed that any of the private men of Argyle's regiment should be prosecuted for murder. Absolute impunity was granted to everybody below the rank of Serjeant. Yet on what principle? Surely, if military obedience was not a valid plea, every man who shot a Macdonald on that horrible night was a murderer. And, if military obedience was a valid plea for the musketeer who acted by order of Serjeant Barbour, why not for Barbour who acted by order of Glenlyon? And why not for Glenlyon who acted by order of Hamilton? It can scarcely be maintained that more deference is due from a private to a noncommissioned officer than from a noncommissioned officer to his captain, or from a captain to his colonel.
It may be said that the orders given to Glenlyon were of so peculiar a nature that, if he had been a man of virtue, he would have thrown up his commission, would have braved the displeasure of colonel, general, and Secretary of State, would have incurred the heaviest penalty which a Court Martial could inflict, rather than have performed the part assigned to him; and this is perfectly true; but the question is not whether he acted like a virtuous man, but whether he did that for which he could, without infringing a rule essential to the discipline of camps and to the security of nations, be hanged as a murderer. In this case, disobedience was assuredly a moral duty; but it does not follow that obedience was a legal crime.
It seems therefore that the guilt of Glenlyon and his fellows was not within the scope of the penal law. The only punishment which could properly be inflicted on them was that which made Cain cry out that it was greater than he could bear; to be vagabonds on the face of the earth, and to carry wherever they went a mark from which even bad men should turn away sick with horror.
It was not so with the Master of Stair. He had been solemnly pronounced, both by the Commission of Precognition and by the Estates of the Realm in full Parliament, to be the original author of the massacre. That it was not advisable to make examples of his tools was the strongest reason for making an example of him. Every argument which can be urged against punishing the soldier who executes the unjust and inhuman orders of his superior is an argument for punishing with the utmost rigour of the law the superior who gives unjust and inhuman orders. Where there can be no responsibility below, there should be double responsibility above. What the Parliament of Scotland ought with one voice to have demanded was, not that a poor illiterate serjeant, who was hardly more accountable than his own halbert for the bloody work which he had done, should be hanged in the Grassmarket, but that the real murderer, the most politic, the most eloquent, the most powerful, of Scottish statesmen, should be brought to a public trial, and should, if found guilty, die the death of a felon. Nothing less than such a sacrifice could expiate such a crime. Unhappily the Estates, by extenuating the guilt of the chief offender, and, at the same time, demanding that his humble agents should be treated with a severity beyond the law, made the stain which the massacre had left on the honour of the nation broader and deeper than before.
Nor is it possible to acquit the King of a great breach of duty. It is, indeed, highly probable that, till he received the report of his Commissioners, he had been very imperfectly informed as to the circumstances of the slaughter. We can hardly suppose that he was much in the habit of reading Jacobite pamphlets; and, if he did read them, he would have found in them such a quantity of absurd and rancorous invective against himself that he would have been very little inclined to credit any imputation which they might throw on his servants. He would have seen himself accused, in one tract, of being a concealed Papist, in another of having poisoned Jeffreys in the Tower, in a third of having contrived to have Talmash taken off at Brest. He would have seen it asserted that, in Ireland, he once ordered fifty of his wounded English soldiers to be burned alive. He would have seen that the unalterable affection which he felt from his boyhood to his death for three or four of the bravest and most trusty friends that ever prince had the happiness to possess was made a ground for imputing to him abominations as foul as those which are buried under the waters of the Dead Sea. He might therefore naturally be slow to believe frightful imputations thrown by writers whom he knew to be habitual liars on a statesman whose abilities he valued highly, and to whose exertions he had, on some great occasions, owed much. But he could not, after he had read the documents transmitted to him from Edinburgh by Tweedale, entertain the slightest doubt of the guilt of the Master of Stair. To visit that guilt with exemplary punishment was the sacred duty of a Sovereign who had sworn, with his hand lifted up towards heaven, that he would, in his kingdom of Scotland, repress, in all estates and degrees, all oppression, and would do justice, without acceptance of persons, as he hoped for mercy from the Father of all mercies. William contented himself with dismissing the Master from office. For this great fault, a fault amounting to a crime, Burnet tried to frame, not a defence, but an excuse. He would have us believe that the King, alarmed by finding how many persons had borne a part in the slaughter of Glencoe, thought it better to grant a general amnesty than to punish one massacre by another. But this representation is the very reverse of the truth. Numerous instruments had doubtless been employed in the work of death; but they had all received their impulse, directly or indirectly, from a single mind. High above the crowd of offenders towered one offender, preeminent in parts, knowledge, rank and power. In return for many victims immolated by treachery, only one victim was demanded by justice; and it must ever be considered as a blemish on the fame of William that the demand was refused.
On the seventeenth of July the session of the Parliament of Scotland closed. The Estates had liberally voted such a supply as the poor country which they represented could afford. They had indeed been put into high good humour by the notion that they had found out a way of speedily making that poor country rich. Their attention had been divided between the inquiry into the slaughter of Glencoe and some specious commercial projects of which the nature will be explained and the fate related in a future chapter.
Meanwhile all Europe was looking anxiously towards the Low Countries. The great warrior who had been victorious at Fleurus, at Steinkirk and at Landen had not left his equal behind him. But France still possessed Marshals well qualified for high command. Already Catinat and Boufflers had given proofs of skill, of resolution, and of zeal for the interests of the state. Either of those distinguished officers would have been a successor worthy of Luxemburg and an antagonist worthy of William; but their master, unfortunately for himself, preferred to both the Duke of Villeroy. The new general had been Lewis's playmate when they were both children, had then become a favourite, and had never ceased to be so. In those superficial graces for which the French aristocracy was then renowned throughout Europe, Villeroy was preeminent among the French aristocracy. His stature was tall, his countenance handsome, his manners nobly and somewhat haughtily polite, his dress, his furniture, his equipages, his table, magnificent. No man told a story with more vivacity; no man sate his horse better in a hunting party; no man made love with more success; no man staked and lost heaps of gold with more agreeable unconcern; no man was more intimately acquainted with the adventures, the attachments, the enmities of the lords and ladies who daily filled the halls of Versailles. There were two characters especially which this fine gentleman had studied during many years, and of which he knew all the plaits and windings, the character of the King, and the character of her who was Queen in every thing but name. But there ended Villeroy's acquirements. He was profoundly ignorant both of books and of business. At the Council Board he never opened his mouth without exposing himself. For war he had not a single qualification except that personal courage which was common to him with the whole class of which he was a member. At every great crisis of his political and of his military life he was alternately drunk with arrogance and sunk in dejection. Just before he took a momentous step his selfconfidence was boundless; he would listen to no suggestion; he would not admit into his mind the thought that failure was possible. On the first check he gave up every thing for lost, became incapable of directing, and ran up and down in helpless despair. Lewis however loved him; and he, to do him justice, loved Lewis. The kindness of the master was proof against all the disasters which were brought on his kingdom by the rashness and weakness of the servant; and the gratitude of the servant was honourably, though not judiciously, manifested on more than one occasion after the death of the master. [601]
Such was the general to whom the direction of the campaign in the Netherlands was confided. The Duke of Maine was sent to learn the art of war under this preceptor. Maine, the natural son of Lewis by the Duchess of Montespan, had been brought up from childhood by Madame de Maintenon, and was loved by Lewis with the love of a father, by Madame de Maintenon with the not less tender love of a foster mother.
Grave men were scandalized by the ostentatious manner in which the King, while making a high profession of piety, exhibited his partiality for this offspring of a double adultery. Kindness, they said, was doubtless due from a parent to a child; but decency was also due from a Sovereign to his people. In spite of these murmurs the youth had been publicly acknowledged, loaded with wealth and dignities, created a Duke and Peer, placed, by an extraordinary act of royal power, above Dukes and Peers of older creation, married to a Princess of the blood royal, and appointed Grand Master of the Artillery of the Realm. With abilities and courage he might have played a great part in the world. But his intellect was small; his nerves were weak; and the women and priests who had educated him had effectually assisted nature. He was orthodox in belief, correct in morals, insinuating in address, a hypocrite, a mischiefmaker and a coward.
It was expected at Versailles that Flanders would, during this year, be the chief theatre of war. Here, therefore, a great army was collected. Strong lines were formed from the Lys to the Scheld, and Villeroy fixed his headquarters near Tournay. Boufflers, with about twelve thousand men, guarded the banks of the Sambre.