History of Civilization in England, Vol. 3 of 3

The character of the prince, whom the bishops thus delighted to honour, is now well understood. Horrible as were the crimes which had been perpetrated, they were surpassed by what occurred, when he, in 1680, assumed the direction of affairs.346 He had worked himself to that pitch of iniquity, as to derive actual enjoyment from witnessing the agonies of his fellow-creatures. This is an abyss of wickedness, into which even the most corrupt natures rarely fall. There have been, and always will be, many men who care nothing for human suffering, and who will inflict any amount of pain, in order to gain certain ends. But to take delight in the spectacle, is a peculiar and hideous abomination. James, however, was so dead to shame, that he did not care even to conceal his horrible tastes. Whenever torture was inflicted, he was sure to be present, feasting his eyes, and revelling with a fiendish joy.347 It makes our flesh creep to think that such a man should have been the ruler of millions. But what shall we say to the Scotch bishops, who applauded him, of whose conduct they were daily witnesses? Where can we find language strong enough to stigmatize those recreant priests, who, having passed years in attempting to subjugate the liberties of their country, did, towards the close of their career, and just before their final fall, band together, and employ their united authority, as ministers of a holy and peaceful religion, to stamp with public approval, a prince, whose malignant cruelty made him loathed by his contemporaries, and whose revolting predilections, unless we ascribe them to a diseased brain, are not only a slur upon the age which tolerated them, but a disgrace to the higher instincts of our common nature?

So utterly corrupt, however, were the ruling classes in Scotland, that such crimes seem hardly to have excited indignation. The sufferers were refractory subjects, and against them every thing was lawful. The usual torture, which was called the torture of the boots, was to place the leg in a frame, into which wedges were driven, until the bones were broken.348 But when James visited Scotland, an opinion began to grow up, that this was too lenient, and that other means must be devised. The spirit which he communicated to his subordinates, animated his immediate successors, and, in 1684, during his absence, a new instrument was introduced, termed the thumbikins. This was composed of small steel screws, arranged with such diabolical art, that not only the thumb, but also the whole hand, could be compressed by them, producing pain more exquisite than any hitherto known, and having, moreover, the advantage of not endangering life; so that the torture could be frequently repeated on the same person.349

After this, little more need be said.350 From the mere mention of such things, the mind recoils with disgust. The reader of the history of that time sickens and faints at the contrivances by which these abject creatures sought to stifle public opinion, and to ruin, for ever, a gallant and high-spirited people. But now, as before, they laboured in vain. More yet was, however, to be borne. The short reign of James II. was ushered in by an act of singular barbarity. A few weeks after this bad man came to the throne, all the children in Annandale and Nithsdale, between the ages of six and ten, were seized by the soldiers, separated from their parents, and threatened with immediate death.351 The next step was, to banish, by wholesale, large numbers of adults, who were shipped off to unhealthy settlements; many of the men first losing their ears, and the women being branded, some on the hand, some on the cheek.352 Those, however, who remained behind, were equal to the emergency, and were ready to do what remained to be done. In 1688, as in 1642, the Scotch people and the English people united against their common oppressor, who saved himself by sudden and ignominious flight. He was a coward as well as a despot, and from him there was no further danger. The bishops, indeed, loved him; but they were an insignificant body, and had enough to do to look to themselves. His only powerful friends were the Highlanders. That barbarous race thought, with regret, of those bygone days when the government had not only allowed them, but had ordered them, to plunder and oppress their southern neighbours. For this purpose, Charles II. had availed himself of their services; and it could hardly be doubted, that if the Stuart dynasty were restored, they would be again employed, and would again enrich themselves by pillaging the Lowlanders.353 War was their chief amusement; it was also their livelihood; and it was the only thing that they understood.354 Besides this, the mere fact that James no longer possessed authority, wonderfully increased their loyalty towards him. The Highlanders flourished by rapine, and traded in anarchy.355 They, therefore, hated any government which was strong enough to punish crime; and the Stuarts being now far away, this nation of thieves loved them with an ardour which nothing but their absence could have caused. From William III., they feared restraint; but the exiled prince could do them no hurt, and would look on their excesses as the natural result of their zeal. Not that they cared about the principle of monarchical succession, or speculated on the doctrine of divine right.356 The only succession that interested them, was that of their chiefs. Their only notion of right, was to do what those chiefs commanded. Being miserably poor,357 they, in raising a rebellion, risked nothing except their lives, of which, in that state of society, men are always reckless. If they failed, they encountered a speedy, and, as they deemed it, an honourable death. If they succeeded, they gained fame and wealth. In either case, they were sure of many enjoyments. They were sure of being able, for a time at least, to indulge in pillage and murder, and to practise, without restraint, those excesses which they regarded as the choicest guerdon of a soldier's career.

So far, therefore, from wondering at the rebellions of 1715 and 1745,358 the only wonder is, that they did not break out sooner, and that they were not better supported. In 1745, when the sudden appearance of the rebels struck England with terror, and when they penetrated even to the heart of the kingdom, their numbers, even at their height, including Lowland and English recruits, never reached six thousand men. The ordinary amount was five thousand;359 and they cared so little about the cause for which they professed to fight, that, in 1715, when they numbered much stronger than in 1745, they refused to enter England, and make head against the government, until they were bribed by the promise of additional pay.360 So, too, in 1745, after they had won the battle of Preston-pans, the only result of that great victory was, that the Highlanders, instead of striking a fresh blow, deserted in large bodies, that they might secure the booty they had obtained, and which alone they valued. They heeded not whether Stuart or Hanoverian gained the day; and at this critical moment, they were unable, says the historian, to resist their desire to return to their glens, and decorate their huts with the spoil.361

There are, indeed, few things more absurd than that lying spirit of romance, which represents the rising of the Highlanders as the outburst of a devoted loyalty. Nothing was further from their minds than this. The Highlanders have crimes enough to account for, without being burdened by needless reproach. They were thieves and murderers; but that was in their way of life, and they felt not the stigma. Though they were ignorant and ferocious, they were not so foolish as to be personally attached to that degraded family, which, before the accession of William III., occupied the throne of Scotland. To love such men as Charles II. and James II., may, perhaps, be excused as one of those peculiarities of taste of which one sometimes hears. But to love all their descendants; to feel an affection so comprehensive as to take in the whole dynasty, and, for the sake of gratifying that eccentric passion, not only to undergo great hardships, but to inflict enormous evil upon two kingdoms, would have been a folly as well as a wickedness, and would convict the Highlanders of a species of insanity alien to their nature. They burst into insurrection, because insurrection suited their habits, and because they hated all government and all order.362 But, so far from caring for a monarch, the very institution of monarchy was repulsive to them. It was contrary to that spirit of clanship to which they were devoted; and, from their earliest childhood, they were accustomed to respect none but their chiefs, to whom they paid a willing obedience, and whom they considered far superior to all the potentates of the earth.363 No one, indeed, who is really acquainted with their history, will think them capable of having spilt their blood on behalf of any sovereign, be he whom he might; still less can we believe that they would quit their native land, and undertake long and hazardous marches, with the object of restoring that corrupt and tyrannical dynasty, whose offences smelt to heaven, and whose cruelties had, at length, kindled the anger even of humble and meek-minded men.

The simple fact is, that the outbreaks of 1715 and 1745 were, in our country, the last struggle of barbarism against civilization. On the one side, war and confusion. On the other side, peace and prosperity. These were the interests for which men really fought; and neither party cared for Stuarts or for Hanoverians. The result of such a contest in the eighteenth century, could hardly be doubtful. At the time, the rebellions caused great alarm, both from their suddenness, and from the strange and ferocious appearance of the Highland invaders.364 But the knowledge we now possess, enables us to see, that, from the beginning, success was impossible. Though the government was extremely remiss, and, notwithstanding the information it received, allowed itself on both occasions to be taken by surprise, there was no real danger.365 The English, not being particularly enamoured either with the Highlanders or with the Stuarts, refused to rise;366 and it cannot be seriously supposed, that a few thousand half-naked banditti had it in their power to prescribe to the people of England what sovereign they should obey, and under what sort of government they should live.

After 1745, there was no further interruption. The interests of civilization, that is, the interests of knowledge, of liberty, and of wealth, gradually assumed the upper hand, and reduced men like the Highlanders to utter insignificance. Roads were cut through their country; and, for the first time, travellers from the south began to mingle with them in their hitherto inaccessible wilds.367 In those parts, the movement was, indeed, very slow; but, in the Lowlands, it was much more rapid. For, the traders and inhabitants of towns were now becoming prominent, and their authority helped to neutralize the old warlike and anarchical habits. Towards the end of the seventeenth century, a taste for commercial speculation sprung up, and a large amount of the energy of Scotland was turned into this new channel.368 Early in the eighteenth century, the same tendency was displayed in literature; and works on mercantile and economical subjects became common.369 A change in manners was also perceptible. About this period, the Scotch began to lose something of that rugged ferocity which had distinguished them of old. This improvement was evinced in several ways; one of the most remarkable being an alteration, which was first observed in 1710, when it was noticed that men were leaving off armour, which had hitherto been worn by every one who could afford it, as a useful precaution in a barbarous, and therefore a warlike society.370

To trace the general progress in its various parts, or even to indicate the immediate consequences, would require a separate volume. One of the results is, however, too conspicuous to be passed over in silence, though it does not deserve all the importance that has been attached to it. This is, the abolition of hereditary jurisdictions, which, after all, was but a symptom of the great movement, and not a cause of it; being itself due, partly to the growth of the industrial spirit, and partly to that diminution of the power of the aristocracy, which had been visible as early as the beginning of the seventeenth century. During many ages, certain persons of noble birth had enjoyed the privilege of trying offences, and even of inflicting capital punishment, simply because their ancestors had done so before them; the judicial power being, in fact, part of their patrimony, and descending to them like the rest of their property.371 An institution of this sort, which made a man a judge, not because he was apt for the office, but because he was born under particular circumstances, was a folly which the revolutionary temper of the eighteenth century was not likely to spare. The innovating spirit for which that age was remarkable, could hardly fail to attack so preposterous a custom; and its extinction was facilitated, both by the decline of the nobles who possessed the privilege, and by the rise of their natural opponents, the trading and commercial classes. The decay of the Scotch nobility, in the eighteenth century, may be traced to two special causes, in addition to those general causes, which were weakening the aristocracy nearly all over Europe. With the general causes, which were common to England and to most parts of the Continent, we are not now concerned. It is enough to say, that they were entirely dependent on that advance of knowledge, which, by increasing the authority of the intellectual class, undermines, and must eventually overthrow, mere hereditary and accidental distinctions. But those causes which were confined to Scotland, had a more political character, and though they were purely local, they harmonized with the whole train of events, and ought to be noticed, as links of a vast chain, which connects the present state of that singular country with its past history.

The first cause was the union of Scotland with England, in 1707, which struck a heavy blow at the Scotch aristocracy. By it, the legislature of the smaller country was absorbed in that of the larger, and the hereditary legislators suddenly sunk into insignificance. In the Scotch parliament, there were a hundred and forty-five peers, all of whom, except sixteen, were, by the Act of Union, deprived of the power of making laws.372 These sixteen were sent off to London, and took their seats in the House of Lords, of which they formed a small and miserable fraction. On every subject, however important to their own country, they were easily outvoted; their manners, their gesticulations, and particularly their comical mode of pronouncing English, were openly ridiculed;373 and the chiefs of this old and powerful aristocracy found themselves, to their utter amazement, looked on as men of no account, and they were often obliged to fawn and cringe at the levee of the minister, in order to procure a place for some needy dependent. Their friends and relations applied to them for offices, and generally applied in vain. Indeed, the Scotch nobles, being very poor, wanted for themselves more than the English government was inclined to give, and, in the eagerness of their clamour, they lost both dignity and reputation.374 They were exposed to mortifying rebuffs, and their true position being soon known, weakened their influence at home, among a people already prepared to throw off their authority. To this, however, they were comparatively indifferent, as they looked for future fortune, not to Scotland, but to England. London became the centre of their intrigues and their hopes.375 Those who had no seat in the House of Lords, longed to have one, and it was notorious, that the darling object of nearly every Scotch noble was to be made an English peer.376 The scene of their ambition being shifted, they were gradually weaned from their old associations. Directly this was apparent, the foundation of their power was gone. From that moment, their real nationality vanished. It became evident that their patriotism was but a selfish passion. They ceased to love a country which could give them nothing, and, as a natural consequence, their country ceased to love them.

Thus it was that this great tie was severed. In this, as in all similar movements, there were, of course, exceptions. Some of the nobles were disinterested, and some of their dependents were faithful. But, looking at the Lowlands as a whole, there can be no doubt that, before the middle of the eighteenth century, that bond of affection was gone, which, in former times, made tens of thousands of Scotchmen ready to follow their superiors in any cause, and to sacrifice their lives at a nod. That spirit, which was once deemed ardent and generous, but which a deeper analysis shows to be mean and servile, was now almost extinct, except among the barbarous Highlanders, whose ignorance of affairs long prevented them from being influenced by the stream of events. That the proximate cause of this change was the Union, will probably be denied by no one who has minutely studied the history of the period. And that the change was beneficial, can only be questioned by those sentimental dreamers, with whom life is a matter rather of feeling than of judgment, and who, despising real and tangible interests, reproach their own age with its material prosperity, and with its love of luxury, as if they were the result of low and sordid desires unknown to the loftier temper of bygone days. To visionaries of this sort, it may well appear that the barbarous and ignorant noble, surrounded by a host of devoted retainers, and living with rude simplicity in his own dull and wretched castle, forms a beautiful picture of those unmercenary and uncalculating times, when men, instead of seeking for knowledge, or for wealth, or for comfort, were content with the frugal innocence of their fathers, and when, protection being accorded by one class, and gratitude felt by the other, the subordination of society was maintained, and its different parts were knit together by sympathy, and by the force of common emotions, instead of, as now, by the coarse maxims of a vulgar and selfish utility.

Those, however, whose knowledge gives them some acquaintance with the real course of human affairs, will see that in Scotland, as in all civilized countries, the decline of aristocratic power forms an essential part of the general progress. It must, therefore, be esteemed a fortunate circumstance, that, among the Scotch, where that power had long been enormous, it was weakened in the eighteenth century, not only by general causes, which were operating elsewhere, but also by two smaller and more special causes. The first of these minor causes was, as we have just seen, the Union with England. The other cause was, comparatively speaking, insignificant, but still it produced decided effect, particularly in the northern districts. It consisted in the fact, that some of the oldest Highland nobles were concerned in the rebellion of 1745, and that, when that rebellion was put down, those who escaped from the sword were glad to save their lives by flying abroad, leaving their dependents to shift for themselves.377 They became attached to the court of the Pretender, or, at all events, intrigued for him. That, indeed, was their only chance, their estates at home being forfeited. For nearly forty years, several great families were in exile, and although, about 1784, they began to return,378 other associations had been formed during their absence, and new ideas had arisen, both in their own minds, and in the minds of their retainers. A fresh generation had grown up, and fresh influences had been brought to bear. Strangers, with whom the people had no sympathy, had intruded upon the estates of the nobles, and though they might receive obedience, it was an obedience unaccompanied by deference. The real reverence was gone; the homage of the heart was no more. And as this state of things lasted for about forty years, it interrupted the whole train of thought; and the former habits were so completely broken, that, even when the chiefs were restored to their forfeited honours, they found that there was another part of their inheritance which they were unable to recover, and that they had lost for ever that unreserved submission, which, in times of yore, had been willingly paid to their fathers.379

Owing to these circumstances, the course of affairs in Scotland, during the eighteenth century, and especially during the first half of it, was marked by a more rapid decline of the influence of the higher ranks than was seen in any other country. It was, therefore, an easy task for the English government to procure a law, which, by abolishing hereditary jurisdictions, deprived the Scotch aristocracy, in 1748, of the last great ensign of their power.380 The law, being suited to the spirit of the times, worked well; and in the Highlands, in particular, it was one immediate cause of the establishment of something like the order of a settled state.381 But in this instance, as in every other, the real and overruling cause is to be found in the condition of the surrounding society. A few generations earlier, hardly any one would have thought of abolishing these mischievous jurisdictions, which were then deemed beneficial, and were respected, as belonging to the great families by natural and inalienable right. Such an opinion was the inevitable result of the state of things then existing. This being the case, it is certain that, if the legislature had, at that time, been so rash as to lay its hand on what the nation respected, popular sympathy would have been aroused, and the nobles would have been strengthened by what was intended to weaken them.382 In 1748, however, matters were very different. Public opinion had changed; and this change of opinion was not only the cause of the new law, but was the reason of the new law being effective. And so it always is. They, indeed, whose knowledge is almost confined to what they see passing around them, and who, on account of their ignorance, are termed practical men, may talk as they will about the reforms which government has introduced, and the improvement to be expected from legislation. But whoever will take a wider and more commanding view of affairs, will soon discover that such hopes are chimerical. They will learn that lawgivers are nearly always the obstructors of society, instead of its helpers; and that, in the extremely few cases in which their measures have turned out well, their success has been owing to the fact, that, contrary to their usual custom, they have implicitly obeyed the spirit of their time, and have been, as they always should be, the mere servants of the people, to whose wishes they are bound to give a public and legal sanction.

Another striking peculiarity of Scotland, during the remarkable period we are now considering, was the sudden rise of trading and manufacturing interests. This preceded, by a whole generation, the celebrated statute of 1748, and was one of the causes of it, in so far as it weakened the great families, against whom that statute was directed. The movement may be traced back, as I have already noticed, to the end of the seventeenth century, and it was in active operation before the first twenty years of the eighteenth century had passed away. A mercantile and money-making spirit was diffused to an extent formerly unknown, and men becoming valued for their wealth as well as for their birth, a new standard of excellence was introduced, and new actors appeared on the scene. Heretofore, persons were respected solely for their parentage; now they were also respected for their riches. The old aristocracy, made uneasy by the change, did every thing they could to thwart and discourage these young and dangerous rivals.383 Nor can we wonder at their feeling somewhat sore. The tendency which was exhibited, was, indeed, fatal to their pretensions. Instead of asking who was a man's father, the question became, how much he had got. And certainly, if either question is to be put, the latter is the more rational. Wealth is a real and substantial thing, which ministers to our pleasures, increases our comfort, multiplies our resources, and not unfrequently alleviates our pains. But birth is a dream and a shadow, which, so far from benefiting either body or mind, only puffs up its possessor with an imaginary excellence, and teaches him to despise those whom nature has made his superiors, and who, whether engaged in adding to our knowledge or to our wealth, are, in either case, ameliorating the condition of society, and rendering to it true and valuable service.