xxii

voices. It was agreed, however, that the house should not proceed to vote upon any of the articles, till they were all at least once read over and discoursed upon by the members. This reading, with the remarks especially of the dukes of Hamilton and Athol, the marquis of Annandale, the lords Belhaven and Balmarino, Fletcher of Salton, and Sir David Cunningham of Milucraig, who were at great pains to point out what they called the absurdity and unreasonableness of the several articles as they went along, occupied the house till the first of November.* While the cavaliers within doors were thus doing their best to retard the progress of the treaty, to their great satisfaction the opposition without doors was daily becoming more formidable. Edinburgh was crowded with visitants, from all quarters of the country, of all ranks, sexes, and ages, all of whom were become, if not skilful, at least confident politicians. The outer parliament house, and the approaches to it, were every day ere the parliament met, crowded with people, exclaiming against the Union, and reprobating all who had been, or were in any degree its promoters. Queensberry they reviled in the most brutal manner, and pursued along the streets with showers of stones, but the duke of Hamilton was regularly escorted to his lodgings in the Abbey, by a mixed multitude of disorderly persons, who, with loud huzzas, exhorted him to stand by his country, with assurances that he should be supported. Nothing is more surprising than to see the garbage vanity will feed on, the dishonourable shifts faction will have recourse to, and the dirty tools she will employ. The duke of Hamilton was perhaps the loftiest man in the nation, jealous of his dignity, and haughty and supercilious among persons of his own rank to a very high degree, yet he condescended not only to suffer, but to encourage, and apparently to enjoy the applauses of this contemptible rabble, day after day, till, swoln with the idea of their own importance, and secure of the approbation of the whole party, as well as the special protection of his grace, they, on the twenty-third of October, after having carried him to the lodgings of the duke of Athol, another of their favourites, proceeded to the residence of Sir Patrick Johnston, who had been a commissioner for the treaty of Union, was one of the representatives in parliament for and late lord provost of the city of Edinburgh, drove in his windows with stones, burst open his doors, and searched every corner of his house, "threatening to tear him into a thousand pieces." Sir Patrick fortunately had got out of the way, and a detachment of the town guard arriving after a while, secured his house and protected his family from farther outrage, but the crowd kept possession of the streets during the greater part of the night, threatening destruction to all whom they supposed to be wise favourable to the Union. At an early hour in the morning, however, a detachment of the foot guards cleared the streets, secured the Nether Bow Port, and placed a guard in the Parliament Close.

any

This disgraceful riot Lockhart has detailed with apparently great satisfaction, and he chuckles over "the consternation that seized the courtiers on this occasion," who were "terribly afraid of their lives, • Defoe's History of the Union, folio ed. of the Scotish Parliament, p. 6. Lockhart Papers, vol. i. pp. 161, 162. Article-Abstract of the Proceedings

this passage making it evident that the Union was crammed down Scotland's throat !"* It was, indeed, the creation solely of the Jacobites, and created with an intention of taking many lives, but like the greater part of their projects, disappointed their expectations, and had an effect altogether the reverse of what was intended. Being at once seen through by all sober thinkers, it brought some degree of discredit upon the whole body of the opposition, as neither so enlightened, nor so disinterested as they themselves would have had the world believe. The privy council also took occasion from it next day to station troops in the Parliament Close, and other convenient places throughout the city, for the protection of parliament and its members, and the whole army, both horse and foot, was immediately drawn together in the neighbourhood, so as to be in readiness in case of any similar outrage. A proclamation was at the same time issued against all tumultuous meetings, wherein all persons were commanded to retire from the streets, whatever time they should be warned by beat of drum, under pain of being instantly fired upon by the guards, to whom an ample indemnity was by the same instrument granted, in case they should kill any of the lieges in so doing." These measures," Lockhart observes, "discouraged others from making any attempt for the future," and " the placing of these guards overawed many, both in and out of the house." Of course they excited the angry feelings of the cavaliers in no ordinary degree, and the proclamation of the council being submitted to parliament for its approbation, occasioned a debate, wherein the virulency of the whole faction was eminently displayed. The parliament, however, passed a vote of thanks to the council, and requested them to continue their care for the public peace, and the safety of parliament. Against this vote, the earl of Errol protested as an infringement of the privileges of parliament, of the rights of the city of Edinburgh-and of his right as lord high constable of Scotland, in consequence of which, he alone was entitled to guard the parliament without doors, as it was the undoubted right of the earl Marischal to guard it within-in which he was supported by a long list of names, the greater part of which are found on every protest that was taken during the sitting of this parliament.+

The mob of Edinburgh were now brought into some tolerable order, but it was not to that city the machinations of faction were confined. The utmost exertions had been made, and were still making to rouse the rabble from one end of the nation to the other, and the success was such, that it has been confidently stated, that the state of the weather alone, which was unusually inclement, prevented such an assemblage at Edinburgh, as would have overwhelmed all opposition, and, by breaking up the parliament, put an end at once to all thoughts of the Union. Addresses were in the meantime got up, and poured in from all quarters, almost from every town, parish, hamlet, and corporation, inveighing in the strongest terms against the measure, as necessarily involving the entire ruin of the country in all its interests. That which gave the Jacobites the greatest hopes, however, was one, and indeed it was the only one that had any thing Ibid. pp. 165, 166.

Lockhart Papers, vol. i. p. 163.

reasonable in it, by the commission of the General Assembly of the church of Scotland, of which, though the proofs of their hatred were either before the eyes, or fresh in the memories of all men, they now set themselves up as the special partisans. They had already attempted to have a day of fasting appointed by the parliament, in the hope of turning it to their own advantage, but had failed, and now that the commission appointed a fast day for themselves, and recommended it to presbyteries to do the same, they eagerly laid hold of it, and where the ministers were weak, and at the same time zealous, made it the mean of producing no little mischief. In Edinburgh, this fast was observed with great solemnity, Queensberry, the high commissioner, and Seafield, the chancellor, with all the principal officers of state, attended public worship, and the work of the day was concluded with order and propriety.* In Glasgow, however, when the fast came to be observed, matters went on very differently. There the dislike to the Union had been very strongly manifested, under the idea that it was to endanger the Scotish church, and the fears of the people in general were no doubt sincere, for there were but few Jacobites among them. The few that were, however, having like their brethren in other places, become zealous in a high degree for the perpetuity of presbytery, exerted themselves with a zeal worthy of new converts. The magistrates were importuned not only by the rabble, but by many respectable citizens, to address the parliament against the measure, which the lord provost, Mr. John Aird, declining to do, it was resolved to get up one without him. While the citizens were contemplating this measure, the seventh of November arrived, the day appointed in Glasgow for observing the fast, when the Rev. Mr. Clark, minister of the Tron church, preached from Ezra viii. 21. "And I proclaimed a fast there, at the river of Abava, that we might afflict ourselves before our God, to seek of him a right way for us, and for our little ones, and for all our substance," and pursuing the idea of his text with more zeal than judgment, having descanted upon the efficacy of prayer in its own place, but its futility when not seconded by vigorous exertion, concluded his sermon with these words, "wherefore, up and be valiant for the city of our God," which so inflamed his hearers, that running into the streets, and joined by others as enthusiastic as themselves, created a mob which attacked, and in part plundered the house of the lord provost, who was under the necessity of leaving the city, as was also another gentleman, the laird of Blackhouse, who had delivered his opinion on the side of the provost, and whose house likewise was attacked and plundered by the patriotic rioters. An address was now got up under the patronage of the incorporations, most numerously signed, and Messrs. John Bowman, dean of guild, Robert Scott, deacon of the tailors, and John Stevenson, deacon of the shoemakers, despatched to Edinburgh to present it to the parliament. In the meantime, the rioters kept possession of the town, searched the houses of all such as they supposed friendly to the Union, for arms, which, wherever they found, they carried away, and headed by a no

Defoe's History of the Union, folio ed. Article-Carrying on of the treaty, p. 26.

torious Jacobite of the name of Findlay, who had formerly been a sergeant in the army, began to form themselves into military order, appointed officers, and were on the point of marching to Edinburgh, for the purpose of assisting to raise the parliament. The articles of the Union they publicly burnt, emitted a printed declaration in defence of their conduct, and a few of them, under Findlay, actually marched for Edinburgh. They returned, however, to Glasgow on the third day after they had left it, whither they were followed by about two hundred and forty dragoons, who carried Findlay, their general, with a person of the name of Montgomery, his associate in command, prisoners to Edinburgh castle, which brought the affair to a conclusion.*

A similar farce was about the same time acted at Dumfries, where the articles of Union were likewise committed to the flames, and a treasonable declaration emitted. This was done in the midst of some thousands of men in arms, who supposed themselves on the route for Edinburgh, to prevent, by breaking up the parliament, the ratification of this odious treaty. The arrival of this party at Edinburgh was sanguinely expected by the cavaliers, but the whole was a trick played off upon their credulity, being only the result of the intrigues of Ker of Kersland, a government spy, among a few well meaning country people, who, for a time, mistook him for an honest man, and whom, that he might with a better grace claim the reward of his villany, he thus for two or three days employed, after which he persuaded them peaceably to return to their rural occupations.†

Another manœuvre of the same kind was made by Cunningham of Eckatt, who had been a major in the army, afterwards one of the Darien adventurers, and at this time apparently without any profitable employment, for the want of which, he seems to have been very much a patriot. Pretending to have a powerful interest in the western shires, he proposed raising an insurrection there, at the head of which, he too was to march to Edinburgh, for the double purpose of raising the parliament, and restoring king James. To encourage him in these designs, Cochran of Kilmaronock, and Lockhart of Carnwath, advanced him fifty guineas, and gave him a promise, that in case any thing befell him in the prosecution of his purpose, they would provide for his wife and children. The duke of Hamilton was also engaged to lend him all his influence, and the duke of Athol was to bring up a large body of Highlanders to join him before entering the metropolis. Cunningham, of course, went to the west, where his progress was at first, as he alleged, somewhat impeded, in consequence of the government having gained over Mr. John Hepburn, who was the leader of a great body of presbyterians, but he was soon relieved, by discovering that the villany of Mr. Hepburn had been laid open by Mr. John Mackmillan, who was now become the oracle of these people, who, to the number of eight thousand men, armed and trained, were immediately to assemble at Hamilton, whence they were to proceed straight to Edinburgh. Of these eight Annals of Glasgow, by

Defoe's History of the Union, folio ed. pp. 58-71. Dr. James Cleland, vol. ii. pp. 62, 63.

↑ Memoirs of John Ker, Esq of Kersland, part i. p. 34. d

thousand, through the secret practices of the duke of Hamilton, as was stated by Cunningham, only five hundred of the more ardent came forward, a force too small with which to take the field, and in consequence, the whole design was broken. The parliament, pretending to be alarmed at these warlike demonstrations, repealed the act of security, which at once put an end to them, as no body of men could afterwards appear in arms, without being liable to be taken up as rebels. Such is the history of this affair, as told by Lockhart, and after him by many others;* but we know that Mr. John Hepburn was never at any period of his life disposed to rise against the government, the authority of which, in things lawful, he maintained against Mr. Mackmillan, nor was he at any time deserted by his people; and Mr. Mackmillan, though he had been disposed to rise against the government, would have taken care that his rising should not advance the interests of James, whom he cordially hated, and for whom all this parade of preparation was made. If the reader will look back to the note, page xx., he will find in the list of those among whom the money sent down from the English treasury was divided, Cunningham set down for one hundred pounds, which we think sufficiently illustrates the nature of his transactions, and explains clearly the whole of this affair.

Knowing what they knew, it was impossible but that the members of administration must sometimes have smiled at this bustle of opposition. The duke of Argyle good humouredly recommended the petitions, that flowed in upon the house in such incalculable numbers, as particularly suited for the manufacture of paper kites, against the return of the season when they should be in request. The earl of Marchmont, less complacent, moved that they should be thrown out of the house, as being seditious libels upon the government; in which opinion the house seemed to agree, till Sir James Foulis of Collington, solemnly assured the members, that if these petitions were not received from the individuals intrusted with them, the subscribers would, at the door of the house, crave liberty to deliver them out of their own hands, which, as it would have been a very tedious process, the house wisely avoided by receiving them in their less ceremonious form. They were also careful to obviate, in some degree, the only solid objection in them, by passing an act for the security of the church, and declaring it to be a fundamental article of the treaty, which, though its provisions did not come up to what presbyterians in general would have expected, and were very far short of what the Jacobites now wished to see conferred upon her, satisfied some, and greatly cooled the ardour of opposition in all.

On the first of November, it was moved that the house do now proceed to a further and more particular consideration of the articles of the treaty, all of which had already been read and discussed at considerable length. The great object of the cavaliers being delay, that they might have the benefit of the various demonstrations of public opinion above related, several of which had not yet been made, they again moved "that

Lockhart Papers, vol. i.

pp. 197-102.

+ Ibid. p. 170.