but one witness to matter of fact, and that but a negro, who was not capable of the impressions of the solemnity of an oath, and there was malice in it, and the like. On these, and on other considerations, the government was so tender of the blood of the men, that it is doubtful if any of them would have undergone capital punishment, but for the rage of the common people, who, hearing that they were further to be reprieved, assembled in an unusual multitude on the day appointed for their execution, crying out for justice.

his lordship to protest to them that the men were ordered to be executed; they were then too much excited to listen to reason, and the whole town was in an uproar, and the mob not only of the city, but even from all the adjacent country, was come together. As nothing but the blood of the prisoners could appease them, it was thought necessary to yield, and at last the prisoners were brought out, and led through the streets down to Leith, the place of execution being by the laws appointed there for crimes committed upon the sea. The fury and rage of the people, however, was such as cannot be expressed; and as their victims were dragged along to the place of execution, they were exposed to every sort of in

When that day came, the privy council met, and the magistrates of Edinburgh were called to assist, while the point was debated, whether the condemned persons should be executed or not? The dis-sult, taunt, and reviling. They were at last content of the common people was very brought to the gibbet, erected at the seawell known; and information had been re- mark, and there hanged. Strange to say, no ceived that a vast concourse was gathered sooner was the sacrifice made, and the men at that instant in the Parliament-close, at dead, but even the same rabble (so fickle is the cross, at the prison, and throughout the the multitude) exclaimed at their own madwhole city; that they publicly threatened ness, and openly regretted what they had done, the magistrates, and even the council itself, and were ready to tear one another to pieces in case the prisoners were not brought out for the excess. In the whole of this prothat day; and some talked of pulling down cess, all things had been carried on by legal the tollbooth, and executing summary jus-methods, process, and trial, according to the tice on them. It was, however, determined form of law, and usage of Scotland; yet by the council, that three of them-captain it was made the subject of a new and most Green, John Mather, and James Simpson-violent irritation between the two countries. who were considered to be principals in the murder, should be put to death that day. When the magistrates came out, they assured the people that the murderers were ordered to be executed, and that if they would have patience, they would see them brought out. This pacified the mob for a moment. But soon afterwards, the council breaking up, the lord chancellor came out, and driving down the street in his coach, as he passed by the cross, somebody said aloud, "The magistrates had but cheated them, and that the council had reprieved the criminals." This was repeated from mouth to mouth, and spread in a moment among the populace, who ran in a fury down the street, stopped the chancellor's coach just at the Trone church, broke the glasses, abused his servants, and forced him out of it. Some friends that were concerned for the hazard he was in, got him into a house, so that he had no personal hurt. It was in vain for

In Scotland, people said that the court of England wished to protect them, and that they would be pardoned, only because they were Scotsmen that were murdered; with other like imputations. On the other side, in England, it was said, the rabble had cried out to hang them, merely because they were Englishmen; that they had said, they wished they could hang the whole nation so, and that they insulted them, as they went to execution, with the name of English dogs. Mischievous persons laboured to exasperate the common people on both sides, and to fill them with irreconcilable aversions to each other; and we are assured that if in England it had gone a little higher, it would not have been safe for a Scotsman to have walked the streets. This irritation was kept up and increased by numerous handbills and pamphlets, on both sides, filled with the bitterest invective, and strongly tending to alienate the two nations.

347

CHAPTER XIII.

PARLIAMENT OF 1703· APPOINTMENT OF COMMISSIONERS TO TREAT OF A UNION; THEIR DELIBERATIONS, THE TREATY CONCLUDED.

THIS unexpected political irritation ren- | in assuring you that she will maintain the dered the existing ministry unpopular, and government as established by law both in a change was again found necessary. Tweed- church and state, and acquainting you that dale and his friends were dismissed, to make she has been pleased to give me full power room for the return of the duke of Queens- to pass such acts as may be for the good of berry to power, who was made lord privy the nation, that were it not purely to comseal. It was on this occasion that a young ply with custom, I might be silent. Her statesman was brought upon the stage, who majesty has had under her consideration was destined to play an active and distin- the present circumstances of this kingdom, guished part in subsequent events. Archi- and out of her extreme concern for its welbald duke of Argyle died on the 28th of fare, has been graciously pleased to recomSeptember, 1703, and was succeeded in his mend to you two expedients, to prevent the estates and titles by his eldest son John. ruin which does but too plainly threaten us. This young nobleman, though at this time In the first place, your settling the succesonly twenty-seven years of age, was already sion in the protestant line, as what is absodistinguished by those great qualities both lutely and immediately necessary to secure as a warrior and a statesman which even- our peace, and cool those heats which have tually procured him the popular title of the with great industry, and too much success, great duke of Argyle. He was especially been fomented among us, and effectually the favourite of the puritans, and as he had disappoint the designs of all our enemies. not yet mixed much in the party animosi- In the second place, treating with England, ties of the day, he was disliked by no party which you yourselves have shown so great but that of the rank jacobites, who were an inclination for, that an inclination for, that it is not to be supaware of his hereditary hatred to the Stu- posed it can meet with any opposition. The arts. As, therefore, the person most likely small part of our funds which were approto command general respect, he was chosen priated at our last meeting for the army are to represent the queen in the session of par- now at an end. I believe everybody is liament which was now about to open. He satisfied how great use our frigates have was instructed to procure an act of the been to our trade, and it is fit to acquaint Scottish parliament, settling the protestant you that our forts are ruinous, and our succession, or to set on foot a treaty for the magazines empty; therefore, I do not supunion of the two kingdoms. At the open-pose but your wisdom will direct you to ing of the session in June, the members were divided into three parties-the cavaliers or jacobites, the revolutioners, and the squadrone volante (as it was called), or flying squadron, headed by the marquis of Tweeddale, who disclaimed the other factions, and pretended to act only from the dictates of conscience. The parliament was adjourned to the 3rd of July, when the queen's letter was read, earnestly recommending the settlement of the succession in the protestant line, and an act for a commission to treat of a union between the two kingdoms. Argyle's speech, in recommending the subject of the letter to parliament, was remarkable for its terseness and elegance. He said "My lords and gentlemen,-Her majesty has, in her most gracious letter, expressed so much tenderness and affection towards this nation,

provide suitable supplies. My lords and gentlemen, I am most sensible of the difficulties that attend this post, and the loss I am at by my want of experience in affairs; but I shall endeavour to make it up by my zeal and firmness in serving her majesty, and the great regard I shall have for whatever may be for the good of my country." The marquis of Annandale proposed that the parliament should at once proceed to the consideration of limitations and conditions of government; and that a committee should be appointed to inquire into the condition of the coin and into the commerce of the nation. The earl of Mar moved, that the house would, preferable to all other business, consider the means for engaging in a treaty with England. After a long debate they resolved to proceed on the coin

and the commerce. Schemes for supplying out of Scotland, but which would have had the nation with money by a paper credit the effect of making Scotland virtually a were presented by doctor Hugh Chamber- republic. He proposed that there should layne and John Law, but rejected. The be annual parliaments, which were to sit house resolved, that any kind of paper credit, and adjourn at pleasure, to choose their by the circulation of bills, was an improper own presidents, and to vote by ballot; that and dangerous expedient; and appointed a for every nobleman created by the king, a council to put the laws relating to trade in new commissioner should be added for the execution. The duke of Hamilton proposed barons, which would entirely neutralise the that the parliament should not proceed to influence of the crown in parliament; that the nomination of a successor, until the the king should ratify every act passed by treaty with England should be discussed, parliament, without hesitation, as a matter and the limitations settled. This proposal of course; that he should not have the being approved, a draft of an answer to her power of peace or war without the consent majesty's letter was presented by the mar- of parliament; and that it should not be in quis of Tweeddale; in which the estates his power to give any general indemnity to pledged themselves to choose the same suc- his ministers without the sanction of parliacessor with England, provided the limita- ment. He proposed to exclude the judges tions were granted. The squadrone (as it from seats in parliament, and to arm and was called) was left on this occasion to vote train the people as a constitutional force to by itself, for the jacobites, who were opposed act under the orders of the estates. In the to all restrictions whatever on the power of course of one of his usual eloquent adthe crown, would not join with them in the dresses, he enlarged upon every article, opposition. Two different forms of an act endeavouring to prove that they were all for a treaty with England were offered by absolutely necessary to prevent the conthe earl of Mar and the marquis of Lothian: sequences of English influence; to enable others were produced concerning the elec- the nation to defend its rights and liberties; tions of officers of state, and the regulation to deter ministers of state from giving bad of commerce. advice to their sovereign; to preserve the The grand object of the cavaliers was courts of judicature from corruption, and now to obstruct the settlement of the suc- screen the people from tyranny and opprescession; and with that view they pressed sion. The earl of Stair argued against these the project of limitations, to which they limitations, to which Fletcher replied, with knew the court would never assent, or, if bitter sarcasm: "It was no wonder he opthis measure passed, they were willing, posed the scheme; for, had such an act should the house of Hanover be estab- subsisted, his lordship would have been lished, to load the crown with as many hanged for the bad counsel he had given restrictions and difficulties as possible. On to king James, for the concern he had in the motion for the first reading of an act of the massacre of Glencoe, and for his concommission for a treaty with England, the duct since the revolution." The next subduke of Hamilton insisted on the limita-ject on which the parliament deliberated tions, and a vote being stated in these was the conspiracy. A motion being made terms, "Proceed to consider the act for a treaty of limitation," it was carried in favour of the cavaliers. On the 22nd of August, an act for this purpose was approved; and next day an act for a triennial parliament, which the courtiers were enabled to defeat. An act was likewise passed, ordaining, that the Scottish ambassadors representing Scotland, should be present when the sovereign might have occasion to treat with foreign princes and states, and be accountable to the parliament of Scotland.

Fletcher of Saltoun was, as usual, active in urging restrictions upon the crown, based upon the circumstance of the king being monarch of another kingdom and residing

that the house might be informed what answer the queen had returned to their address in the last session, the chancellor delivered to the clerk-register the papers relating to the plot, that they might be perused by the members; but these being copies, and the evidences remaining at London, no further progress was made in the affair. Yet the duke of Athol, in a distinct narrative, boldly accused the duke of Queensberry of having endeavoured to mislead the queen by false insinuations. against her good subjects.

One of the most important measures brought forward in this session was the act for a treaty of union between the two coun

and eighteen boroughs-the act for the treaty of union was, after much altercation, finished, empowering commissioners to meet and treat of a union; but restraining them from treating of any alterations of the charch government as by law established. Whilst this important subject was under consideration, the duke of Hamilton, to the astonishment of his whole party, moved that the

tries. A draft for that purpose, presented by the earl of Mar, was compared with the English act, importing that the queen should name and appoint not only the commissioners for England, but likewise those for Scotland. Fletcher inveighed with earnestness against the imperious conduct of the English parliament in this affair. He exhorted the house to resent such treatment, and offered the draft of an address to her nomination of the commissioners should be majesty on the subject; but this was re- left to the queen. Fourteen or fifteen of jected. Hamilton proposed that a clause the cavaliers ran out of the house in a transmight be added to the act, importing that port of indignation, exclaiming that they the union should not derogate from any were deserted and basely betrayed by the fundamental laws, ancient privileges, offices, duke of Hamilton. A very hot debate enrights, liberties, and dignities of the Scottish sued, in the course of which the duke was nation. This occasioned a long debate; severely attacked by those whose leader he and the question being put, was negatived. had hitherto been; but at length, the quesThe ministerial party were obliged to oppose tion being put-whether the nomination Hamilton's motion with evasive arguments; should be left to the queen or to the parlia they urged that, as Scotland and England ment?-the duke's motion was carried by a were under the same sovereign, who acted very small majority. He afterwards excused as mediator between them, and as the Eng- himself for his defection, by saying, he saw lish parliament had given the most ample it was in vain to contend; and that since powers to their commissioners, a contrary the court had acquired a great majority, proceeding on the part of the Scots would he thought he might be allowed to pay betray an unbecoming jealousy of the queen, that compliment to his sovereign. This and might altogether prevent the treaty. Moreover, whatever powers the commissioners had, or by whomsoever appointed, whatever they agreed upon was subject to the approbation of parliament. The opposition, who dared not avow that their real object was to obstruct and if possible prevent a union, were obliged also to have recourse to much special pleading in support of their arguments. They, however, made certain of a majority, which would have been a severe defeat to the government; but they were deserted by the earl of Aberdeen, and the absence of some of the jacobites, who were too confident of a large majority, led to their defeat. Another clause was proposed by the duke of Athol, that the Scottish commissioners should not begin to treat until the English parliament had rescinded their clause, enacting, that the subjects of Scotland should be adjudged and taken as aliens after the 25th day of December. The courtiers, considering the temper of the house, would not venture to oppose this motion directly, but proposed that the clause should be formed into a separate act; and "And here," he remarks, "it is necesthis was agreed to. Though the duke of sary to observe, how well the ground-plot of Athol entered a vigorous protest, to which this work was laid, that all obstacles might the greater part of the cavaliers and all the be removed which might threaten it with squadrone adhered-comprehending four-another abortion. It had been noted, that and-twenty peers, seven-and-thirty barons, the most dangerous rock of difference on

important act having thus been obtained, and a liberal supply granted, the duke of Argyle prorogued the parliament on the 21st of September.

After the close of the session, some slight changes were found necessary in the Scottish ministry. The earl of Annandale, who was suspected of secretly corresponding with the opposition, was dismissed from the office of secretary, which was bestowed upon the carl of Mar. The principal members of the government now hastened to London, where the conferences on the all-important measure of the union were to be held. There a ministerial revolution had also taken place, and all the power was now in the hands of the whigs, who were the grand promoters of this measure. Before we proceed to give an account of the conferences which followed, it may be well to take a glance at the feelings of the time in regard to the policy of the measure; and this can hardly be done better than in the words of its contemporary historian, Defoe, who has left us the following summary :

which this union could split, and which vantages of commerce, Scotland might obcould now render it ineffectual, was that of tain from France; and not only proposed religion here it was certain they could them as equivalent to the trade with Engnever unite, and the breach therefore being land, but run on to such weak extremes, as irreconcilable, the best course that could to say that Scotland made no advantage of be taken with it, was to let it quite alone, her commerce with England. as a thing neither side should meddle with at all, and consequently the jealousies and suspicions on both sides must vanish, and the great obstructions which the enemies of the treaty relied on for its miscarriage were at once removed. This was a masterpiece of policy, and showed that her majesty had other persons to consult with, and had taken other measures than before; and gave people very early impressions of the success which has since appeared. But there was yet some political difficulty to pass; and here, being to tread truth almost on the heels, those readers that are willing to have it told plainest must excuse me for naming people's names. I have avoided, on all occasions, the mixing satire and reflection in this relation as much as possible. The political difficulties I speak of here, and which I think gave the greatest shock to this affair, consist of two parts,-1. Succession; 2. Nobility.

of

"The vehemence with which the several parties who managed these topics acted their respective and exceedingly remote prospects, and by what strange mystery concurring providence, like the wheel within all their wheels, centred them all, in uniting the nations, as it is a secret history few understood, and may be as necessary as diverting, so the heads of it may be viewed in the following scheme:-1. The succession being the main thing that lay at the bottom every one's project, I shall first speak to the particluars of that. There was a party in both kingdoms, but most powerful in Scotland, whose design was principally and directly against the protestant succession, as such; these we must allow to be setting every wheel at work, and acting with all their power and policy against everything which looked that way. When they saw it convenient, they acted against a union in its general term, and frequently some of the less politic of that party let fall the excrescence of their principles in direct terms, and pamphlets were written upon that scheme; such as one showing the necessities of a war with England, &c., another showing the advantages of a union with other nations, and France in particular; others argued continually the mighty terms, and the ad

"But these may well be said to be the less politic part of these gentlemen, who were in the design above; for they lost ground, even against the union itself, by it; and when the committee of parliament appointed to examine the exports and imports, reported that Scotland exported to England above two hundred thousand pounds sterling per annum in linen, cattle, &c., the imports from thence appeared so small, that the objectors dropped their arguments upon that head, and learned to talk with more caution. But the more subtile managers of this design against the succession, went on by different measures, and with great policy they acted every party, as far as they thought they could be brought in to be subservient to their design. Thus first seeming to quit their direct opposition to the succession, as a thing too open and too much clashing with the temper of the time, they fall in with that party who were for the succession with limitations; not that they would have concurred with the event, had these limitations been never so great, but that, in their debating the limitations, they might find room to clog the succession itself in such manner as the other party could by no means accept of it.

"From the same principle proceeded that famous resolve in their act of security, by which the succession met with two invincible obstacles, from whence they knew, some time or other, new disputes must arise1. That no successor at all should be named till after the queen. 2. That when it was named, it should be with this limitationthat it should not be the same that should succeed to the kingdom of England. This was a masterpiece of policy, and had the most specious pretence in the world, viz., the hardships which Scotland had suffered under the influence of England in matters of commerce and sovereignty; and therefore it was added immediately upon the said clause, 'Unless that in this present session of parliament, or any other session of this or any ensuing parliament, there be such conditions or government settled and enacted, as may secure the honour and sovereignty of this crown and kingdom; the freedom, frequency, and power of parlia