A History of the Early Part of the Reign of James the Second

by Charles James Fox

The bonds being still refused, the government had recourse to an expedient of a most extraordinary nature, and issued what the Scotch called a writ of Lawburrows against the whole district. This writ of Lawburrows is somewhat analogous to what we call “swearing the peace” against any one, and had hitherto been supposed, as the other is with us, to be applicable to the disputes of private individuals, and to the apprehensions which, in consequence of such disputes, they may mutually entertain of each other. A government swearing the peace against its subjects was a new spectacle; but if a private subject, under fear of another, hath a right to such a security, how much more the government itself? was thought an unanswerable argument. Such are the sophistries which tyrants deem satisfactory. Thus are they willing even to descend from their loftiness into the situation of subjects or private men, when it is for the purpose of acquiring additional powers of persecution; and thus truly formidable and terrific are they, when they pretend alarm and fear. By these writs the persons against whom they were directed were bound, as in case of the former bonds, to conditions which were not in their power to fulfil, such as the preventing of conventicles and the like, under such penalties as the Privy Council might inflict, and a disobedience to them was followed by outlawry and confiscation.

The conduct of the Duke of Lauderdale, who was the chief actor in these scenes of violence and iniquity, was completely approved and justified at court; but in consequence probably of the state of politics in England at a time when the Whigs were strongest in the House of Commons, some of these grievances were in part redressed, and the Highlanders, and writs of Lawburrows were recalled. But the country was still treated like a conquered country. The Highlanders were replaced by an army of five thousand regulars, and garrisons were placed in private houses. The persecution of conventicles continued, and ample indemnity was granted for every species of violence that might be exercised by those employed to suppress them. In this state of things the assassination and murder of Sharp, Archbishop of St. Andrews, by a troop of fanatics, who had been driven to madness by the oppression of Carmichael, one of that prelate’s instruments, while it gave an additional spur to the vindictive temper of the government, was considered by it as a justification for every mode and degree of cruelty and persecution. The outrage committed by a few individuals was imputed to the whole fanatic sect, as the government termed them, or, in other words, to a description of people which composed a great majority of the population in the Lowlands of Scotland; and those who attended field or armed conventicles were ordered to be indiscriminately massacred.

By such means an insurrection was at last produced, which, from the weakness, or, as some suppose, from the wicked policy of an administration eager for confiscations, and desirous of such a state of the country as might, in some measure, justify their course of government, made such a progress that the insurgents became masters of Glasgow and the country adjacent. To quell these insurgents, who, undisciplined as they were, had defeated Graham, afterwards Viscount Dundee, the Duke of Monmouth was sent with an army from England; but, lest the generous mildness of his nature should prevail, he had sealed orders which he was not to open till in sight of the rebels, enjoining him not to treat with them, but to fall upon them without any previous negotiation. In pursuance of these orders the insurgents were attacked at Bothwell Bridge, where, though they were entirely routed and dispersed, yet because those who surrendered at discretion were not put to death, and the army, by the strict enforcing of discipline, were prevented from plunder and other outrages, it was represented by James, and in some degree even by the king, that Monmouth had acted as if he had meant rather to put himself at the head of the fanatics than to repel them, and were inclined rather to court their friendship than to punish their rebellion. All complaints against Lauderdale were dismissed, his power confirmed, and an act of indemnity, which had been procured at Monmouth’s intercession, was so clogged with exceptions as to be of little use to any but to the agents of tyranny. Several persons, who were neither directly nor indirectly concerned in the murder of the archbishop, were executed as an expiation for that offence; but many more were obliged to compound for their lives by submitting to the most rapacious extortion, which at this particular period seems to have been the engine of oppression most in fashion, and which was extended not only to those who had been in any way concerned in the insurrection, but to those who had neglected to attend the standard of the king, when displayed against what was styled, in the usual insulting language of tyrants, a most unnatural rebellion.

The quiet produced by such means was, as might be expected, of no long duration. Enthusiasm was increased by persecution, and the fanatic preachers found no difficulty in persuading their flocks to throw off all allegiance to a government which afforded them no protection. The king was declared to be an apostate from the government, a tyrant, and an usurper; and Cargill, one of the most enthusiastic among the preachers, pronounced a formal sentence of excommunication against him, his brother the Duke of York, and others, their ministers and abettors. This outrage upon majesty together with an insurrection contemptible in point of numbers and strength, in which Cameron, another field-preacher, had been killed, furnished a pretence which was by no means neglected for new cruelties and executions; but neither death nor torture were sufficient to subdue the minds of Cargill and his intrepid followers. They all gloried in their sufferings; nor could the meanest of them be brought to purchase their lives by a retractation of their principles, or even by any expression that might be construed into an approbation of their persecutors. The effect of this heroic constancy upon the minds of their oppressors was to persuade them not to lessen the numbers of executions, but to render them more private, whereby they exposed the true character of their government, which was not severity, but violence; not justice, but vengeance: for example being the only legitimate end of punishment, where that is likely to encourage rather than to deter (as the government in these instances seems to have apprehended), and consequently to prove more pernicious than salutary, every punishment inflicted by the magistrate is cruelty, every execution murder. The rage of punishment did not stop even here, but questions were put to persons, and in many instances to persons under torture, who had not been proved to have been in any of the insurrections, whether they considered the archbishop’s assassination as murder, the rising at Bothwell Bridge rebellion, and Charles a lawful king. The refusal to answer these questions, or the answering of them in an unsatisfactory manner, was deemed a proof of guilt, and immediate execution ensued.

These last proceedings had taken place while James himself had the government in his hands, and under his immediate directions. Not long after, and when the exclusionists in England were supposed to be entirely defeated, was passed (James being the king’s commissioner), the famous bill of succession, declaring that no difference of religion, nor any statute or law grounded upon such, or any other pretence, could defeat the hereditary right of the heir to the crown, and that to propose any limitation upon the future administration of such heir was high treason. But the Protestant religion was to be secured; for those who were most obsequious to the court, and the most willing and forward instruments of its tyranny, were, nevertheless, zealous Protestants. A test was therefore framed for this purpose, which was imposed upon all persons exercising any civil or military functions whatever, the royal family alone excepted; but to the declaration of adherence to the Protestant religion was added a recognition of the king’s supremacy in ecclesiastical matters, and a complete renunciation in civil concerns of every right belonging to a free subject. An adherence to the Protestant religion, according to the confession of it referred to in the test, seemed to some inconsistent with the acknowledgment of the king’s supremacy and that clause of the oath which related to civil matters, inasmuch as it declared against endeavouring at any alteration in the Church or State, seemed incompatible with the duties of a counsellor or a member of parliament. Upon these grounds the Earl of Argyle, in taking the oath, thought fit to declare as follows:—

“I have considered the test, and I am very desirous to give obedience as far as I can. I am confident the parliament never intended to impose contradictory oaths; therefore I think no man can explain it but for himself. Accordingly I take it, as far as it is consistent with itself and the Protestant religion. And I do declare that I mean not to bind up myself in my station, and in a lawful way, to wish and endeavour any alteration I think to the advantage of the Church or State, not repugnant to the Protestant religion and my loyalty. And this I understand as a part of the oath.” And for this declaration, though unnoticed at the time, he was in a few days afterwards committed, and shortly after sentenced to die. Nor was the test applied only to those for whom it had been originally instituted, but by being offered to those numerous classes of people who were within the reach of the late severe criminal laws, as an alternative for death or confiscation, it might fairly be said to be imposed upon the greater part of the country.

Not long after these transactions James took his final leave of the government, and in his parting speech recommended, in the strongest terms, the support of the Church. This gracious expression, the sincerity of which seemed to be evinced by his conduct to the conventiclers and the severity with which he had enforced the test, obtained him a testimonial from the bishops of his affection to their Protestant Church, a testimonial to which, upon the principle that they are the best friends to the Church who are most willing to persecute such as dissent from it, he was, notwithstanding his own nonconformity, most amply entitled.

Queensbury’s administration ensued, in which the maxims that had guided his predecessors were so far from being relinquished, that they were pursued, if possible, with greater steadiness and activity. Lawrie of Blackwood was condemned for having holden intercourse with a rebel, whose name was not to be found in any of the lists of the intercommuned or proscribed; and a proclamation was issued, threatening all who were in like circumstances with a similar fate. The intercourse with rebels having been in great parts of the kingdom promiscuous and universal, more than twenty thousand persons were objects of this menace. Fines and extortions of all kinds were employed to enrich the public treasury, to which, therefore, the multiplication of crimes became a fruitful source of revenue; and lest it should not be sufficiently so, husbands were made answerable (and that too with a retrospect) for the absence of their wives from church; a circumstance which the Presbyterian women’s aversion to the episcopal form of worship had rendered very general.

This system of government, and especially the rigour with which those concerned in the late insurrections, the excommunication of the king, or the other outrages complained of, were pursued and hunted sometimes by bloodhounds, sometimes by soldiers almost equally savage, and afterwards shot like wild beasts, drove some of those sectaries who were styled Cameronians, and other proscribed persons, to measures of absolute desperation. They made a declaration, which they caused to be affixed to different churches, importing, that they would use the law of retaliation, and “we will,” said they, “punish as enemies to God, and to the covenant, such persons as shall make it their work to imbrue their hands in our blood; and chiefly, if they shall continue obstinately and with habitual malice to proceed against us,” with more to the like effect. Upon such an occasion the interference of government became necessary. The government did indeed interfere, and by a vote of council ordered, that whoever owned, or refused to disown, the declaration on oath, should be put to death in the presence of two witnesses, though unarmed when taken. The execution of this massacre in the welvet counties which were principally concerned, was committed to the military, and exceeded, if possible, the order itself. The disowning the declaration was required to be in a particular form prescribed. Women, obstinate in their fanaticism, lest female blood should be a stain upon the swords of soldiers engaged in this honourable employment, were drowned. The habitations, as well of those who had fled to save themselves, as of those who suffered, were burnt and destroyed. Such members of the families of the delinquents as were above twelve years old were imprisoned for the purpose of being afterwards transported. The brutality of the soldiers was such as might be expected from an army let loose from all restraint, and employed to execute the royal justice, as it was called, upon wretches. Graham who has been mentioned before, and who, under the title of Lord Dundee, a title which was probably conferred upon him by James for these or similar services, was afterwards esteemed such a hero among the Jacobite party, particularly distinguished himself. Of six unarmed fugitives whom he seized, he caused four to be shot in his presence, nor did the remaining two experience any other mercy from him than a delay of their doom; and at another time, having intercepted the flight of one of these victims, he had him shown to his family, and then murdered in the arms of his wife. The example of persons of such high rank, and who must be presumed to have had an education in some degree correspondent to their station, could not fail of operating upon men of a lower order in society. The carnage became every day more general and more indiscriminate, and the murder of peasants in their houses, or while employed at their usual work in the fields, by the soldiers, was not only not reproved or punished, but deemed a meritorious service by their superiors. The demise of King Charles, which happened about this time, caused no suspension or relaxation in these proceedings, which seemed to have been the crowning measure, as it were, or finishing stroke of that system, for the steady perseverance in which James so much admired the resolution of his brother.

It has been judged necessary to detail these transactions in a manner which may, to some readers, appear an impertinent digression from the narrative in which this history is at present engaged, in order to set in a clearer light some points of the greatest importance. In the first place, from the summary review of the affairs of Scotland, and from the complacency with which James looks back to his own share of them, joined to the general approbation he expressed of the conduct of government in that kingdom, we may form a pretty just notion, as well of his maxims of policy, as of his temper and disposition in matters where his bigotry to the Roman Catholic religion had no share. For it is to be observed and carefully kept in mind, that the Church, of which he not only recommends the support, but which be showed himself ready to maintain by the most violent means, is the Episcopalian Church of the Protestants; that the test which he enforced at the point of the bayonet was a Protestant test, so much so indeed, that he himself could not take it; and that the more marked character of the conventicles, the objects of his persecution, was not so much that of heretics excommunicated by the Pope, as of dissenters from the Church of England, and irreconcilable enemies to the Protestant liturgy and the Protestant episcopacy. But he judged the Church of England to be a most fit instrument for rendering the monarchy absolute. On the other hand, the Presbyterians were thought naturally hostile to the principles of passive obedience, and to one or other, or with more probability to both of these considerations, joined to the natural violence of his temper, is to be referred the whole of his conduct in this part of his life, which in this view is rational enough; but on the supposition of his having conceived thus early the intention of introducing popery upon the ruins of the Church of England, is wholly unaccountable, and no less absurd, than if a general were to put himself to great cost and pains to furnish with ammunition and to strengthen with fortifications a place of which he was actually meditating the attack.