A still more striking illustration of Lauder's political views is afforded by his numerous observations on Argyll, who played so great a part in public affairs during the period covered by the manuscripts until his execution in 1685. Argyll was not a sympathetic figure to Lauder, but, as usual, he does justice to his qualities, and recognises the tragedy of his fate. On the day of his execution he notes, 'And so ended that great man, with his family, at that time.' He had a more cordial personal admiration for a very different statesman, Lauderdale, though he often disapproved of his policy. At his death he writes, '24 of August, 1682, dyed John Maitland, Duke of Lauderdale, the learnedest and powerfullest Minister of State of his age, at Tunbridge Wells. Discontent and age were the ingredients of his death, if his Dutchesse and Physitians be freed of it; for she had abused him most grosely, and got all from him she could expect…. The Duke of York was certainly most ungrate to Lauderdale; for Lauderdale was the first who adventured in August 1679 to advise the King to bring home the Duke of York from Flanders.'[23] Argyll he deemed to be wanting in magnanimity. In 1671 he writes on the subject of a point in a lawsuit being decided in Argyll's favour, 'This was my Lord President's doing [Stair], he being my Lord Argyle's great confidant. It was admired by all that he blushed not to make a reply upon his Father's forfaultor, and whow he had committed many treasonable crimes before the discharge, and to see him rather than tyne his cause, suffer his father rather to be reproached and demeaned as a traitor of new again, by his own advocats,' So fourteen years later he writes, 'Whatever was in Argile's first transgression in glossing the Test (which appeared slender), yet God's wonderfull judgements are visible, pleading a controversie against him and his family, for the cruall oppression he used, not only to his father's, but even to his oune creditors. It was remembered that he beat Mistris Brisbane done his stairs for craving hir annuelrents, tho he would have bestowed as much money on a staff or some like curiosity.' He was, however, one of Argyll's counsel when he was prosecuted for taking the Test, with the explanation 'that he conceived that this Test did not hinder nor bind him up from endeavouring alterations to the better either in Church or State.' Argyll, who had escaped, was sentenced to death in his absence, attainted, and his estates forfeited. Lauder strongly disapproved of the proceedings. He writes, 'There was a great outcry against the Criminal Judges, their timorous dishonesty….' These words, 'consistent with my loyalty, were judged taxative and restrictive, seeing his loyalty might be below the standard of true loyalty, not five-penny fine, much less eleven- penny,' … 'The design was to low him, that he might never be the head of a Protestant party, and to annex his jurisdiction to the Crown, and to parcel out his lands; and tho' he was unworthily and unjustly dealt with here, yet ought he to observe God's secret hand, punishing him for his cruelty to his own and his father's creditors and vassals, sundry of whom were starving.' Lauder speaks of 'that fatal Act of the Test.' He had no favour for it, and he narrates with glee how 'the children of Heriot's Hospitall, finding that the dog which keiped the yairds of that Hospitall had a publick charge and office, they ordained him to take the Test, and offered him the paper, but he, loving a bone rather than it, absolutely refused it; then they rubbed it over with butter (which they called an Explication of the Test in imitation of Argile), and he licked of the butter, but did spite out the paper, for which they hold a jurie on him, and in derision of the sentence against Argile, they found the dog guilty of treason, and actually hanged him.'
[23] Sir George Mackenzie also, who criticises Lauderdale's proceedings very freely, pays a fine tribute to one trait in his character, 'Lauderdale who knew not what it was to dissemble.'—Memoirs, p. 182.
[Sidenote: H.O. 166]
[Sidenote: H.0. 196.]
[Sidenote: H.O. 189.]
Although Lauder considered that Argyll had been unjustly condemned in the matter of the Test, his opinion about the expedition of 1685 was very different. He did justice to his capacity. He writes, 'Argile had always the reputation of sense and reason, and if the Whigs at Bothwell Bridge in 1679 had got such a commander as he, it's like the rebellion had been more durable and sanguinarie' But as soon as the news of Argyll's landing on the west coast came, this is his note, 'Argile, minding the former animosities and discontents in the country, thought to have found us all alike combustible tinder, that he had no more adoe then to hold the match to us, and we would all blow up in a rebellion; but the tymes are altered, and the peeple are scalded so severely with the former insurrections, that they are frighted to adventure on a new on. The Privy Council, though they despised this invasion, yet by proclamations they called furth the whole heritors of Scotland,' and so on. 'Some look on this invasion as a small matter, but beside the expence and trouble it hes put the country to, if we ponder the fatall consequences of such commotions, we'll change our opinions: for when the ramparts of government are once broke down, and the deluge follows, men have no assurances that the water will take a flowing towards their meadows to fructify them; no, no, just in the contrare.' Argyll was discovered and apprehended in his flight by a weaver near Paisley, of whom Lauder says, 'I think the Webster who took him should be rewarded with a litle heritage (in such a place wher Argile's death will not be resented), and his chartre should bear the cause, and he should get a coat of arms as a gentleman, to incouradge others heirafter.' It does not appear that this suggestion was acted upon.
But while Lauder was a supporter of the existing order of government and opposed to all revolutionary plans, his journals disclose that in the state of public affairs he found much matter for criticism and ground for anxiety. In 1674 he tells of what will happen 'whenever we get a fair and unpraelimited Parliament, which may be long ere we see it.' In 1683 he writes sadly: 'Though we change the Governors, yet we find no change in the arbitrary government. For we are brought to that pass we must depend and court the Chancelor, Treasurer, and a few other great men and their servants, else we shall have difficulty to get either justice or despatch in our actions, or to save ourselves from scaith, or being quarrelled on patched up, remote and innocent grounds. This arbitrary way Lauderdale attempted, but did not attain so great a length in it as our statesmen do now; and they value themselves much in putting the military and ecclesiastic Laws to strict and vigorous execution, so that, let soldiers commit as great malversations and oppressions as they please, right is not to be got against them. Witness John Cheisly of Dalry's usage with Daver and Clerk, in the Kings troupe, and Sir John Dalrymple's with Claverhouse.' In the same year he says of James, then Duke of York, and Monmouth, 'We know not which of their factions struggling in the womb of the State shall prevail.' He regarded these political evils and dangers as beyond his power to remedy. It was not till after he had entered Parliament in 1685 that he made any public utterance on politics. In the last two years of James's reign the Test Act was enforced against Nonconformist Protestants but not against Roman Catholics. Lauder, being then in Parliament, considered it his duty to take a part, and he made one or two very moderate speeches, which, although expressed with studious respect to the sovereign, were doubtless highly displeasing to the government.
OPINIONS ON ADMINISTRATION OF JUSTICE AND HIS CONTEMPORARIES.
INFLUENCE OF STUDIES ABROAD
[Sidenote: H.N. 40.]