HIS POLITICAL OPINIONS
His political position has perhaps been imperfectly understood by the few writers who have had occasion to refer to it. Mr. Laing's statement, that prior to the Revolution 'he appears generally to have acted only with those who opposed the measure of the Court,' is not, I venture to think, wholly accurate. It is true that on one occasion, no doubt memorable in his own life, he incurred the displeasure of the government. When James VII. on his accession proposed to relax the penal laws against Roman Catholics, while enforcing them against Presbyterians, Lauder, who had just entered Parliament, opposed that policy and spoke against it in terms studiously moderate and respectful to the Crown. The result, however, was that he became a suspected person. As he records in April 1686, 'My 2 servants being imprisoned, and I threatened therewith, as also that they would seize upon my papers, and search if they contained anything offensive to the party then prevailing, I was necessitat to hide this manuscript, and many others, and intermit my Historick Remarks till the Revolution in the end of 1688.'
Hence the Revolution was perhaps welcome to him. As an adherent of character and some position he met with marked favour from the new sovereigns, who promoted him to the bench, and corrected the injustice which had been done to him in the matter of the patent of his father's baronetcy, and also granted him a pension of £100 a year, an addition of fifty per cent. to his official salary. Shortly afterwards he was offered the post of Lord Advocate, but declined it, because the condition was attached that he should not prosecute the persons implicated in the Massacre of Glencoe.[21] From these facts it has been sometimes inferred that Lauder was disaffected to the Stewart dynasty, and that his professional advancement was thereby retarded. In reality his career was one of steady prosperity. Having already received the honour of knighthood while still a young man, and being a member of parliament for his county, he became a judge at the age of forty-three. So far from holding opinions antagonistic to the reigning house, Lauder was an enthusiastic royalist. He was indeed a staunch Protestant at a time when religion played a great part in politics. In his early youth the journal here published shows him as perhaps a bigoted Protestant. But he was not conscious of any conflict between his faith and his loyalty till the conflict was forced upon him, and that was late in the day. In this position he was by no means singular. Sir George Mackenzie, who as Lord Advocate was so vigorous an instrument of Charles II.'s policy, refused, like Lauder, to concur in the partial application of the penal laws, and his refusal led to his temporary disgrace. Lauder was not even a reformer. He was a man of conservative temperament, and while his love of justice and good government led him to criticise in his private journals the glaring defects of administration, and especially the administration of justice, there is no evidence that he had even considered how a remedy was to be found. There was indeed no constitutional means of redress, and all revolutionary methods, from the stubborn resistance of the Covenanters, to the plots in London, real or imaginary, but always implicitly believed in by Lauder, and the expeditions of Monmouth and Argyll, met with Lauder's unqualified disapproval and condemnation.
[21] It has been said that there is no sufficient evidence of this honourable incident in Fountainhall's career. But Sir Thomas Dick Lauder (MS. Genealogical Roll, supra) reproduces it in a poem to the Memory of Sir John Lauder, published in 1743, and attributed to Blair, the author of 'The Grave,' in which the following lines occur. He
'Saw guiltless blood poured out with lavish hand,
And vast depopulated tracts of land;
And saw the wicked authors of that ill
Unpunished, nay, caressed and favoured still.
The power to prosecute he would not have,
Obliged such miscreants overlooked to save.'
[Sidenote: H.O. 148]
[Sidenote: H.O. 6]
[Sidenote: Decisions, p. 232.]
I shall cite some passages in illustration. When Charles II. died and James was proclaimed, Lauder writes that 'peoples greiff was more than their joy, having lost their dearly loved king'; then after a gentle reference to 'his only weak syde,' he says, 'he was certainly a prince indued with many Royall qualities, and of whom the Divine providence had taken a speciall care by preserving him after Worcester fight in the oak.' … 'A star appeared at noon day at his birth; he was a great mathematician, chemist, and mechanick, and wrought oft in the laboratories himselfe; he had a natural mildnesse and command over his anger, which never transported him beyond an innocent puff and spitting, and was soon over, and yet commanded more deference from his people than if he had expressed it more severely, so great respect had all to him. His clemencie was admirable, witnesse his sparing 2 of Oliver Cromwell's sones, tho on of them had usurped his throne. His firmnesse in religion was evident; for in his banishment he had great invitations and offers of help to restore him to his croun if he would turne Papist, but he always refused it. As for his brother James, now our present King, he is of that martiall courage and conduct, that the great General Turenne was heard say, if he ware to conquer the world, he would choise the Duke of York to command his army,' Such were Lander's loyal sentiments, as set down in a private journal a year before his servants and clerks were arrested, and the seizure of his papers threatened. But his Protestantism and his jealousy of Popery were equally strong. In 1680 he notes that the minister of Wells in Nithsdale had 'turned Roman Catholic: so this is one of the remarkable trophees and spoils the Papists are beginning to gain upon our religion.' A little further on he is indignant at ridicule being thrown on the Popish Plot 'Not only too many among ourselves, but the French, turned the Plot into matter of sport and laughter: for at Paris they acted in ther comedy, called Scaramucchio, the English tryall, and busked up a dog in a goune lik Chief Justice Scrogs.' Again, 'A Papist qua Papist cannot be a faithful subject,' He had, however, no sympathy with the Covenanters, a name which he does not use, but he describes them as 'praecise phanaticks.' He did not consider it unjust to bring them to capital punishment, because they denied the right of the king to govern, though on grounds of humanity and policy he was inclined to mercy. In 1682 he observes on the execution of Alexander Home, a small gentleman of the Merse, who had commanded a party at the insurrection of Bothwell Bridge, 'tho he came not that lenth,' 'It was thought ther was blood eneuch shed on that quarrell already … for they are like Sampson, they kill and persuade mo at ther death than they did in ther life.' He couples the Roman Catholics and Presbyterians together as troublesome citizens. 'These foolish people that assume the name of Presbyterians have unwarily drunk in these restles principles from the Jesuites and seminary priests, who have had a hand in all our troubles and blown the coall.' Apart, however, from the political attitude of the Covenanters, whom he regarded as disaffected subjects, there is no evidence that he concerned himself with the controversy as to the Episcopal or Presbyterian form of Church government, or that he regretted the re- establishment of Presbytery after the Revolution. He was not interested in Church matters. In 1683 he writes, 'The Synod of Edinburgh' [which was then Episcopalian] 'sat down, and not having much else to do, enacted 1'o that ministers should not sit in the pulpit, but stand all the time they are in it.'[22]
[22] A devotional diary, for 1700, apparently one of a series, preserved in the Edinburgh University Library, No. 274, and an undated letter in the Dick Lauder MSS. about the election of a 'godly, primitive, and evangelicall pastor,' lead me to think that his views were Calvinistic, and not out of sympathy with the Presbyterian Establishment of the Revolution.