The writer states that Sir James’s father, though ‘of no family,’ but only a lord mayor of Edinburgh, had kept this church in good repair all his lifetime, and bestowed upon it a new pulpit. The neighbouring gentlemen had remonstrated against the desecration, and one had offered to build for him separate conveniences such as he wanted, provided he would spare the church; but all in vain. He adds: ‘Sir James is still as well esteemed by the whole party as ever he was, and in full communion with their kirk; nor could I learn of any reproof he ever had from his spiritual guides, the Mass Johns, upon this account; though ’tis most apparent that, had his Presbyterian holders-forth interposed, as they might and ought to have done, and as in other cases they are very apt to do when religion or even morality are not near so much concerned as here, Sir James durst not have attempted the doing this wicked thing.’
The writer goes on to remark what he calls the inconsistency of the Presbyterians in insisting that baptism shall always be performed in a church. ‘There are instances to be given, if need were, of their letting infants die without their baptism, rather than sprinkle them out of a church.’ ‘I shall mention but one other of their inconsistencies; ’tis that of their Judaical, if not Pharisaical observation of the Lord’s Day, which they call the Sabbath. This they set up most rigidly as their characteristic, though they pretend to admit of nothing as a principle, nor allow of any stated practice ecclesiastic, for which they have not a positive command in the Holy Scriptures. They despise the decrees and canons of the church, even in the early ages of it; nor does the unanimous consent of the primitive fathers of the first three centuries weigh with them; and yet I humbly think they must either take the observation of the first day of the week as the Lord’s Day or weekly Easter from the authority of the church; else it would puzzle them to get clear of the observation of the seventh day or |1712.| Jewish Sabbath from the morality of the fourth commandment by any positive gospel precept.’[[446]]
May 29.
An ingenious piece of masked Jacobitism is described in a newspaper as taking place in the neighbourhood of Edinburgh. ‘Thursday last’—so runs the paragraph—‘being the anniversary of the birth and happy restoration of King Charles II., of ever-blessed memory, was solemnly observed by Charles Jackson, merchant in Edinburgh, who had the honour to have his majesty stand godfather to him in the church of Keith at his baptism; and his majesty, by assuming the name of Jackson, was happily preserved from his enemies’ hands, after his escape out of the Royal Oak. In consideration of these honours conferred upon him by his sacred majesty, and being lineally descended from a stock of the loyalists, he invited all such, by public advertisement, to solemnise that memorable day, at an enclosure called Charles’s Field, lying a mile south from this city (where he hath erected a very useful bleaching-field), and there entertained them with diversity of liquors, fine music, &c. He had likewise a splendid bonfire, and a spacious standard erected, with a banner displayed upon it, whereon was very artfully drawn his sacred majesty in the Royal Oak, the bark wherein he made his escape, and the colonel who conducted him on board, taking leave of his majesty. The company round the bonfire drank her majesty, Queen Anne’s [health], and the memory of the happy Restoration, with great joy and demonstrations of loyalty. The night concluded with mirth; and the standard being brought back to Mr Jackson’s lodgings, carried by a loyal gentleman bareheaded, and followed by several others with trumpets, hautboys, and bagpipes playing before them, where they were kindly entertained.’[[447]]
June 10.
Whatever might be the personal delinquencies and shortcomings of the judges, they never could be charged with a disposition to let other people off too easily. On the contrary, one is always struck by the appearances of severity in their treatment of those who fell into their hands. Two men of a humble order, named Rutherford and Gray, had been induced by a low agent, |1712.| named Alexander Pitblado, to adhibit their names as witnesses to a paper bearing to be a guarantee by Dean of Guild Warrender for the rent of a house occupied by one Isabel Guild, being the insignificant sum of £25 Scots. It became Pitblado’s fortune—doubtless, not undeservedly—to be carried away as a recruit to Flanders. The guarantee was detected to be a forgery. Rutherford and Gray were taken into custody, and carried before the magistrates, where they readily admitted that Pitblado had induced them to give their signatures, on the assurance that Warrender had signed the paper.
The Lord Advocate thought the case worthy of the notice of the judges; so the two men were brought up to the court, with a statement of their offence against the 5th act 1681. It was determined that the matter was proper to be decided summarily, and the culprits made no objection to this course, for, as they said, they had not means of living in jail to wait for a more deliberate trial. It was also determined that the Lords could decide in the case with shut doors. Rutherford, now fearing that his fault inferred death, withdrew his former confession, but was at length prevailed on to confess once more, telling, what we can well believe to have been the truth, that he had been ensnared by Gray to do what he did in pure simplicity. ‘The Lords considered that, though it was a very small sum, yet it was a dangerous case to let witnesses escape on pretence of simplicity, where they neither see the party sign nor own the subscription; therefore resolved to impose some stigma and censure to terrify others; and so ordained them to be brought on Wednesday, being the market-day, to the great door of the Parliament House, by the hand of the hangman, with a paper on their breasts bearing their crime, and there to stand betwixt ten and eleven in the forenoon, and from that to be conducted to the pillory at the Tron, and there to stand the other hour between eleven and twelve, with papers on their breast: and in regard Gray had seduced Rutherford to sign, they ordained his lug to be nailed to the Tron; and being informed that Rutherford was a notar, they deprived him, and declared them both infamous.’
Four days later, having in the interval undergone their sentence, they petitioned for liberation from jail, which was granted. Then, however, came in George Drummond, the Goodman of the Tolbooth, with a claim for his dues, which they were totally unable to pay. Before the Union, the Lords in such a case could throw the expense upon the Treasury; but now they were |1712.| without any such resource, and neither could they force the jailer to pass from his demand. In this dilemma, they after all acted a humane part, and made up the necessary sum out of their own pockets.[[448]]
June 21.
The Edinburgh Courant intimated, in an advertisement, that ‘Robert Campbell, commonly known by the name of Rob Roy Macgregor, being lately intrusted by several noblemen and gentlemen with considerable sums for buying cows for them in the Highlands, has treacherously gone off with the money, to the value of £1000 sterling, which he carries along with him.’ This is the first public reference to a person who has become the theme of popular legend in Scotland to an extent little short of Robin Hood in England, and finally has had the fortune to be embalmed in a prose fiction by one of the greatest masters in modern literature.