CHAPTER VII.[49]

I propose now to examine, with more care than there has yet been

occasion for, those charges of wanton and illegal cruelty which have for

close upon two centuries formed the basis of the popular--I had almost

written the historical--conception of the character of Claverhouse. I

have used the words "illegal cruelty" because Claverhouse is not only

commonly believed to have far surpassed all his contemporaries in his

treatment of the Scottish Covenanters, but to have even gone beyond the

sanction of a law little disposed to be illiberal in such matters. Some

reason has, I trust, been already shown for at least reconsidering the

popular verdict. But as we are now approaching that period of his life

when, for a time all too short for his own reputation, Claverhouse at

last found free play for those eminent abilities which none have denied

him, it will be well, before passing into this larger field, to be

finally rid of a most tiresome and distasteful duty. The controversial

element is, I fear, inseparable from this part of the subject, but I

shall endeavour to do with as little of it as possible.

Although the significant title of "the Killing Time" seems to have been

occasionally used in Scotland during the subsequent century to cover the

whole period from Lauderdale's administration to the Revolution, yet the

phrase was originally and more properly applied to the years of James's

reign alone. The most notorious of the acts attributed to Claverhouse

were, as a fact, committed within that time; but it will be more

convenient not to adhere too rigidly to chronological sequence, and to

take the charges rather in order of their notoriety and of the

importance of those who have assumed them to be true. Following this

order, the two first on the list will naturally be the death, by

Claverhouse's own hand, of John Brown, and the deaths, by drowning on

the sands of Solway Firth, of the two women, Margaret Maclachlan and

Margaret Wilson--popularly known as the Wigtown Martyrs.

An attempt has been made to prove that this last affair is a pure

romance of Covenanting tradition. It has never been disputed that the

women were tried for high treason (that is to say, for refusing to

abjure the Covenant and to attend Episcopal worship) and condemned to

death; but it has been denied that the sentence was ever carried into

effect, on the strength of a reprieve granted by the Council at

Edinburgh before the day of execution. That a reprieve, or rather a

remand, was granted is certain, as the pages of the Council register

remain to this day to testify. But it is not so certain that the

decision of the Council at Edinburgh ever reached the magistrates at

Wigtown; and that, if it did reach them, they at least paid no attention

to it, remained for upwards of a century and a half the fixed opinion

of all writers and readers of history. The women were sentenced on April

18th, 1685: the remand is dated April 30th, but the period for which it

was to run has been left blank, pending the result of a recommendation

for full pardon with which it was accompanied: the sentence was executed

on May 11th--in Wodrow's words, "a black and very remarkable day for

blood in several places."

It will be sufficient to indicate where the arguments employed to

discredit this affair may be found.[50] They do not practically amount

to more than this--that as a reprieve was certainly granted in the

Council Chamber at Edinburgh, the execution could not possibly have

taken place on the sands of the Solway. The case is indeed one which

those who will accept nothing that cannot be proved with mathematical

certainty will always find reasons for doubting; but at least they must

have read the history of those times to little purpose if they can

accept such an argument as conclusive. For the rest, it will be enough

to say that the story first found its way into print in 1687, and that

it was more circumstantially repeated in 1711, when the records of the

Kirk Session of the parish of Penninghame were published by direction of

the General Assembly. At that time Thomas Wilson, a brother of the

younger sufferer, was still alive, with many others to whom the

Killing-Time was something very much more than a tradition. In 1714

(possibly to a later date, but certainly in that year) a stone in

Penninghame churchyard still marked the grave of Margaret Wilson, and

told the story of her death.[51] The ruins of the church may still be

seen, but the stone has long ago gone to join the dust that was once the

bones of Margaret; and an obelisk, raised within our own times on the

high ground outside the busy little seaport, now serves in statelier, if

less vital, fashion to recall to the traveller the memory of the Martyrs

of Wigtown. It is difficult to believe that a story so well and widely

recorded, and so firmly implanted in the hearts of so many generations

of men, can have absolutely no foundation in fact.[52] It is indeed

possible that time has embellished the bald brutality of the deed,

though the graphic narrative of Macaulay is practically that which

Wodrow took from the records of Penninghame. But that the two women

were drowned in the waters of the Blednock on May 11th, 1685, is surely

a fact as well authenticated as any in the martyrology of the Scottish

Covenant.

There is, as I have said, an excellent reason for not dragging my

readers through the obscure and barren mazes of this controversy; and

like all good reasons it is a very simple one. Claverhouse was present

neither at the trial nor the execution. He had, indeed, no more to do

with the deaths of these two women than Cameron, who had been five years

in his grave, or Wodrow, who was but five years old. It is true that one

of his family was present, but this was his brother, David Graham,

Deputy Sheriff of Galloway, and but lately made one of the Lords

Justices of Wigtownshire. Macaulay does not directly name Claverhouse as

concerned in this affair; but it is one out of five selected by the

historian as samples of the crimes by which "he, and men like him,

goaded the Western peasantry into madness"--a consummation which, it may

be observed in passing, had been effected twelve years before

Claverhouse had drawn sword in Scotland. It is not certain that Macaulay

believed the Graham who sat in judgment on these women to have been John

Graham of Claverhouse. But it is certain that the effect of his

narrative has been, in the minds of most English-speaking men, to add

this also to the long list of mythical crimes which have blackened the

memory of the hero of Killiecrankie.[53]

But over the other affair there rests no shadow of doubt. That

Claverhouse, and he alone, is responsible for the death of John Brown

stands on the very best authority, for it stands on his own. It is not,

indeed, certain that he shot the man with his own hand. This is Wodrow's

story, and as usual he gives no authority for it. "With some

difficulty," he writes,

"he was allowed to pray, which he did with the greatest

liberty and melting, and withal in such suitable and

scriptural expressions, and in a peculiar judicious style,

he having great measures of the gift as well as the grace of

prayer, that the soldiers were affected and astonished; yea,

which is yet more singular, such convictions were left in

their bosoms that, as my informations bear, not one of them

would shoot him or obey Claverhouse's commands, so that he

was forced to turn executioner himself, and in a fret shot

him with his own hand, before his own door, his wife with a

young infant standing by, and she very near the time of her

delivery of another child. When tears and entreaties could

not prevail, and Claverhouse had shot him dead, I am

credibly informed the widow said to him, 'Well, sir, you

must give an account of what you have done.' Claverhouse

answered, 'To men I can be answerable, and as for God, I'll

take him into my own hand.' I am well informed that

Claverhouse himself frequently acknowledged afterwards that

John Brown's prayer left such impressions upon his spirit

that he could never get altogether worn off, when he gave

himself liberty to think of it."[54]

Patrick Walker, the pedlar, writing a very few years after Wodrow (whom

he notices only to abuse for his inaccuracy and backsliding), and

professing to have got his version from the wife, tells a different

tale. "Claverhouse," he says, "ordered six soldiers to shoot him. The

most part of the bullets came upon his head, which scattered his brains

upon the ground." Of any refusal, or even disinclination, on the part of

the soldiers to obey their orders there is not a word. Then we have

Claverhouse's own report to Queensberry, written two days later from

Galston, a village between Kilmarnock and Ayr.

"On Friday last, amongst the hills betwixt Douglas and the

Ploughlands, we pursued two fellows a great way through the

mosses, and in end seized them. They had no arms about them,

and denied they had any. But being asked if they would take

the abjuration, the eldest of the two, called John Brown,

refused it; nor would he swear not to rise in arms against

the King, but said he knew no king. Upon which, and there

being found bullets and match in his house, and treasonable

papers, I caused shoot him dead; which he suffered very

unconcernedly. The other, a young fellow and his nephew,

called John Brownen, offered to take the oath, but would not

swear that he had not been at Newmills in arms, at rescuing

of the prisoners. So I did not know what to do with him. I

was convinced that he was guilty, but saw not how to proceed

against him. Wherefore, after he had said his prayers, and

carabines presented to shoot him, I offered to him that, if

he would make an ingenuous confession, and make a discovery

that might be of any importance for the King's service, I

should delay putting him to death, and plead for him. Upon

which he confessed that he was at that attack of Newmills,

and that he had come straight to this house of his uncle's

on Sunday morning. In the time he was making this confession

the soldiers found out a house in the hill, under ground,

that could hold a dozen of men, and there were swords and

pistols in it; and this fellow declared that they belonged

to his uncle, and that he had lurked in that place ever

since Bothwell, where he was in arms.... He also gives

account of those who gave any assistance to his uncle; and

we have seized thereupon the goodman of the uppermost

Ploughlands, and another tenant about a mile below that is

fled upon it.... I have acquitted myself when I have told

your Grace the case. He has been but a month or two with his

halbert; and if your Grace thinks he deserves no mercy,

justice will pass on him; for I, having no commission of

justiciary myself, have delivered him up to the

Lieutenant-General, to be disposed of as he pleases."[55]

It is singular that neither Wodrow nor Walker makes any mention of this

nephew, whose presence on that day, taken in connection with his share

in the affair at Newmills,[56] puts the uncle in rather a different

light. There happen also to be one or two affairs known about this John

Brown which are worth noting. For instance, his name is found on a list

of proscribed rebels and resetters of rebels, appended to a royal

proclamation of May 5th, 1684, which will naturally account for his

"having been a long time upon his hiding in the hills," as Wodrow

ingenuously confesses. In other words, this Brown was an outlaw and a

marked man. He was by profession a carrier--"the Christian carrier," his

friends called him, for the fervour and eloquence of his preaching,

which was remarkable even in a neighbourhood where the gift of tongues

was not uncommon. A carrier is an extremely useful channel of

communication; and, in fact, there can be really no doubt that Brown had

been for some time engaged in practices which the most iniquitous

Government in the world could hardly be blamed for thinking

inconvenient. It has been suggested that Claverhouse was at that time

especially on the watch to intercept all communication between Argyle

and Monmouth, and that Brown was employed in carrying intelligence

between the rebel camps. Macaulay refuses this suggestion. He points out

with perfect truth that both Argyle and Monmouth were at that time in

Holland. But when he goes on to say that there was no insurrection in

any part of our island, he goes rather too far. The western shires of

Scotland had been in a state of insurrection ever since the Pentland

rising, if there be any meaning in the word at all. And, though it is

true that on May 1st (the day of Brown's death) Argyle was in Holland,

it is no less true that on the second he had left Holland for Scotland;

that since April 21st the Privy Council had been well informed of his

designs; that measures had been taken for putting the whole kingdom in a

state of defence against him; and that arrests had been already made on

account of treasonable correspondence with him.[57] But the question is

not one of probabilities, and moreover against these probabilities it

may be very fairly urged that Claverhouse's own despatch proves that the

nephew's confession and the discovery of the underground armoury were

not made till after the uncle's death. Nor is there any word in this

despatch to show that Claverhouse had any previous knowledge of Brown or

was acting on particular information. The real question, and the only

question, is, was Claverhouse legally--not morally, that belongs to

another part of the case--was he legally justified in ordering the man

to be shot? To this there can be but one answer, so long as the phrase

"legal justification" bears the meaning it has hitherto borne for those

who use the English tongue: both by the spirit and the letter of his

commission he was justified in what he did. By the law of the Government

whose servant Claverhouse then was, the death of John Brown on that

Ayrshire moor was as lawful an act as the death on the scaffold of any

prisoner to-day found guilty by a jury of his countrymen. In October,

1684, the Covenanters had published a declaration, drawn up by Renwick,

of their intention to do unto all their enemies whom they could lay

hands on, civil no less than military, as their enemies had done and

should do unto them; and the deliberate murder of two troopers of the

Life Guards in the following month had shown (what, to be sure, can have

needed very little proof) that this was no idle threat.[58] An Act,

therefore, was hastily passed to the effect that, "Any person who owns

or will not disown the late treasonable declaration on oath, whether

they have arms or not, be immediately put to death, this being always

done in the presence of two witnesses, and the person or persons having

commission to that effect." With the severity, the folly, or the

injustice of such a law we are not for the moment concerned. The fact

remains that such was the law; and Claverhouse transgressed no jot of

it in ordering John Brown to death. It was no question of form of

religion: it was no question of previous misconduct. The man would not

take the oath; and he was accordingly shot in the presence of the

requisite number of witnesses by the order of a competent authority.

On the truth of the details given both by Wodrow and Walker it is

impossible to form any conclusion. Wodrow gives no authority for his

version. "I am well informed," he says, "I am credibly informed," and so

on; but the sources of his information he nowhere gives. Walker is more

communicative; he, as we have seen, professed to have learned his story

from Brown's wife; but no statement of Walker's can be accepted for

absolute truth, and his uncertainty about even the names of his

witnesses does not add the stamp of conviction to their testimony.[59]

Beyond the bare fact that the man was shot in the presence of

Claverhouse nothing is certain. On the rest of the story each must make

up his mind as seems best to him.

With the death of Peter Gillies and John Bryce Claverhouse is not

directly charged by Wodrow. Walker, however, quotes an epitaph said to

have been inscribed on the grave of these men, who, with three others,

were hanged, without trial, at Mauchline by

"Bloody Dumbarton, Douglas, and Dundee,

Moved by the devil and the Laird of Lee."

These lines must have been composed some years after the event, inasmuch

as the men were hanged on May 6th, 1685, and the patent of Claverhouse's

peerage bears the date November 12th, 1688. This proves, what indeed few

people can have doubted, that the damning testimony of "The Cloud of

Witnesses" wants at least the weight of contemporary evidence. An

authority, however, for this particular epitaph can be traced back to

1690, when Alexander Shields published his martyrology.[60] "The said

Claverhouse," he wrote, "together with the Earl of Dumbarton and

Lieut.-General Douglas, caused Peter Gillies, John Bryce, Thomas Young

(who was taken by the Laird of Lee), William Fiddisone, and John

Buiening to be put to death upon a gibbet, without legal trial or

sentence, suffering them neither to have a Bible nor to pray before they

died."[61] Defoe has evidently followed Shields;[62] but Walker, though

he quotes the aforesaid epitaph, does not himself implicate

Claverhouse.

Wodrow does not appear to have heard any of these stories. He names only

Gillies and Bryce, quoting from the indictment, which does not specify

the other sufferers, to show that the men were tried before General

Drummond and a tribunal of fifteen soldiers on May 5th, and hanged on

the following day. We have already seen that a few days previously

Claverhouse had sent a prisoner for trial to this same General Drummond,

because he had himself at that time no commission to try prisoners.

Unless, therefore, we are ready to suppose that officers were in the

habit of sitting on a jury with their own troopers, or to believe that

within three days a change had taken place in Claverhouse's position of

which there is no record either in his own letters or in any other

existing document, we must accept Wodrow's narrative as the true one,

and exonerate Claverhouse from all responsibility for the deaths of

Gillies and his unfortunate fellow-sufferers.

Two cases yet remain of the five cited by Macaulay. With one of

these--the case of the three men shot near Glasgow for refusing to pray

for the King--no writer has ever pretended to implicate Claverhouse

personally; but with the other he is directly concerned. Andrew Hislop

was the son of a poor widow in whose house a proscribed Covenanter had

lately died. This was discovered by one Johnstone of Westerhall, an

apostate Presbyterian, and, like most of his class, particularly bitter

against his former associates. He turned the woman with her younger

children into the fields, pulled down her house, and dragged the eldest

son before Claverhouse, then marching through that part of the country.

So Macaulay tells the story, following for once the "Cloud of Witnesses"

rather than Wodrow. According to the latter, Claverhouse found Hislop

wandering about the fields, and carried him before Westerhall, "without

any design, as appeared, to murder him." Westerhall voted for instant

death, while Claverhouse pleaded for the lad, and only yielded at last

on the other's insistence, saying: "The blood of this poor man be upon

you, Westerhall. I am free of it." He thereupon ordered the captain of a

Highland company, then brigaded with his own men, to provide a

firing-party; but the Highlanders angrily refused, and the troopers had

to do the work. Both versions, it will be seen, agree in representing

Claverhouse as inclined to mercy but overborne by Westerhall. The

question remains, how was it that the former, a masterful man and not

easy to be silenced when he was in the right, could not save this poor

lad if he had a mind to do so?

The answer is in truth not easy to find. The explanation that Westerhall

was at that particular time superior in authority to Claverhouse will

hardly serve. It is true that the latter had just then no civil

jurisdiction at all, either to condemn or pardon--no commission of

justiciary, as he wrote to Queensberry. He had been since the close of

the previous year in disgrace at headquarters, in consequence of a

quarrel between him and the Treasurer, arising out of some action of

Colonel James Douglas, the latter's brother, of which Claverhouse seems

to have expressed his disapproval rather too warmly. His name had

accordingly been removed from the list of Privy Councillors soon after

James's accession, and himself deprived of all his civil powers. His

punishment did not indeed last long, nor was it allowed to affect his

military rights. An order for his restoration to the Council had been

signed on the very day of Hislop's death (though he did not take his

seat again till July), but his civil powers had not been renewed.

Westerhall was one of those who had in the previous year been empowered

by royal commission to try prisoners, and his commission was still

running when Claverhouse was disgraced. But on April 20th General

Drummond was appointed to the supreme authority in all the southern and

western shires, and his appointment was expressly declared to cancel all

other civil commissions previously granted. Unless, therefore, some

particular reservation had been made in Westerhall's favour, of which

there is no existing record, he had no more jurisdiction than

Claverhouse, and both were equally guilty of breaking the law. It was,

indeed, still open to Claverhouse to act as he had acted with John

Brown--to put the abjuration oath, and, on its being refused, to order

the recusant to instant execution. There is no mention by any of the

Covenanting writers that this oath was offered to Hislop. But unless it

was, it is difficult to see how either Westerhall or Claverhouse could

have been empowered to kill him. Nor is it likely that the latter,

knowing well how many sharp eyes were on the look-out in Edinburgh to

catch him tripping, would have ventured on so flagrant a breach of the

law. It must also be remembered that neither Wodrow nor Walker, nor any

writer on that side, has charged Claverhouse with exceeding the law.

They cry out against the cruelty of the deed, but on its unlawfulness

they are silent. We must suppose, therefore, that Hislop's case was the

case of John Brown: he had refused the oath, and was therefore liable to

death. But we cannot suppose that if Claverhouse had stood firm he could

not have saved the lad's life. It is absurd to believe that at the head

of his own soldiers, with another captain of the same way of thinking by

him, such a man as Claverhouse was not strong enough to carry his own

will against one who had not even the powers of an ordinary justice of

the peace. We must, therefore, conclude that he was unwilling at that

time to run the risk of further disgrace by any charge of unreasonable

leniency to rebels. Like Pilate, he was willing to let the prisoner go;

but, like Pilate again, he preferred his own convenience, and the

prisoner was put to death.

On Defoe's list of victims murdered, as he calls it, by Claverhouse's

own hand is the name of Graham of Galloway. The young man, he says,

being pursued by the dragoons, had taken refuge in his mother's house;

but being driven out thence was overtaken by Claverhouse and shot dead

with a pistol, though he offered to surrender and begged hard for his

life. Shield so words his version of the story as to make it doubtful

whether the shot was fired by Claverhouse himself. In the "Cloud of

Witnesses" it is not even made certain that Claverhouse was present. At

the close of the year in which this alleged murder was committed Sir

John Dalrymple brought his action against Claverhouse. It is not likely

that so shrewd a lawyer would have overlooked such a chance as this, a

case of murder committed in his own country; for murder it would

certainly have been, were Defoe's story true. In 1682 military

executions had not been sanctioned by law; and for a soldier to shoot a

man offering to surrender would have been as clear a case of murder as

was the butchery on Magus Moor. Yet throughout Dalrymple's indictment is

no hint of any such offence. Claverhouse is accused of oppression by

excessive fines and illegal quartering of troops, of malversation, and

so forth; but of taking man's life unlawfully there is no single word.

Another of Defoe's victims is Matthew Mekellwrath. Claverhouse, he says,

riding through Camonel in Carrick, saw a man run across the street in

front of the soldiers, as though to get out of their way, and instantly

ordered him to be shot, without any examination. In the "Cloud of

Witnesses" an epitaph is quoted to show that the man was shot for

refusing the abjuration oath.

Next we find four men dragged out of a house at Auchencloy, on Dee-side,

where they had met for prayer, and shot before the door, without any

examination. Defoe gives the names of the four as John Grier, Robert

Fergusson, Archibald Stuart, and Robert Stuart. Shields substitutes for

Archibald Stuart the name of James Macmichael. In "The Cloud of

Witnesses" only Grier, Robert Stuart, and Fergusson are named. In

Wodrow's pages the four men become eight: of these four, as given by

Shields (Macmichael, however, being spelt Macmichan), were shot at once:

two more, Smith and Hunter, were carried to Kirkcudbright and hanged

after a form of trial: two, unnamed, got safe away. "It may be," adds

Wodrow, "the rescue of some prisoners at Kirkcudbright by some of the

wanderers, a little before this, was the pretext for all this cruelty."

It may indeed have been so, and something more than a rescue of

prisoners may have helped. The affair on Dee-side took place December

18th, 1684. On the 11th of the same month (just after Renwick's

proclamation of war) a party of men, headed by James Macmichael,

murdered Peter Peirson, minister of Carsphairn, at his own door. Wodrow

cannot shirk this fact: he finds it detestable, and generally denounced

and disowned by the more respectable of the Covenanters; but he also

manages to find as many excuses for it as he conveniently can in the

provocation given by the victim. Peirson, he says, was "a surly,

ill-natured man, and horridly severe." He was of great service to Lagg

in ferreting out rebels, used to sit in court with him to advise him of

the prisoners' characters, and generally make himself obnoxious to the

Covenanters. He was also accused of leaning to popery, and is said on

one occasion to have openly defended the doctrine of purgatory; on

another he maintained Papists to be much better subjects than

Presbyterians--as, indeed, from the Government's point of view they

certainly were. How far Peirson deserved this character we cannot surely

tell. The fact of his being hated by the Covenanters is not necessarily

to his discredit; but we may assume that he was not conciliatory in his

speech, that he meddled more in civil matters than became his cloth,

and, in short, was probably made much after the same pattern as some of

the chosen vessels of the Covenanting tabernacle. He lived alone in his

manse, without even a servant, but took care always to have his firearms

handy. The accounts of the murder vary a little in detail. One says that

he was killed in a scuffle arising out of his furious and unprovoked

treatment of a deputation which waited on him at midnight, to request

him to come outside and speak with some friends who meant him no harm--a

request which in the circumstances he can hardly be blamed for having

received with some degree of suspicion. But the most authentic version

represents him as shot dead the instant he opened his door. Macmichael

fired the shot, and the man who called Peirson out was Robert Mitchell,

nephew to James Mitchell, who was hanged five years previously for an

attempt on Sharp's life.[63]

A week later, on December 18th, a party of Covenanters more than one

hundred strong burst into Kirkcudbright ("the most irregular place in

the kingdom," Claverhouse used to call it), killed the sentry who

challenged them, broke open the gaol, set all the prisoners free, and

then marched victoriously off, beating the town drum, with such of their

rescues as would go with them, and all the arms they could lay hands on.

It is clear, then, from a comparison of the dates and names, that the

men killed at Auchencloy were no innocent folk met together for prayer,

but certainly included Peirson's murderer, and probably some of those

concerned in the rescue at Kirkcudbright, as the place where they were

surprised was but a few miles from that town. Moreover, it appears from

another account that, so far from these men having been shot

unresistingly, they were part of a larger force which had only been

dispersed after a sharp skirmish.[64]

One more instance, and this part of my business will be done. Defoe

names Robert Auchinleck as shot by Claverhouse without examination for

not answering his challenge, the man, as was subsequently discovered,

being too deaf to hear what was said to him. There is no mention

elsewhere of Robert Auchinleck; but Shields includes in his list a man

called Auchinleck, of Christian name unknown, who was killed in similar

circumstances; and Wodrow gives a different version of the death of one

William Auchinleck, both assigning the act to one Captain Douglas, who

was marching from Kirkcudbright with a company of foot.[65]

These instances have been chosen as the most notorious and the most

circumstantially recorded of the indictments made against Claverhouse.

Of the traditions that gathered in the following century about his name

I have taken no notice, nor of the vague charges brought by writers of

still later date on no better authority than those traditions.[66] It

was inevitable that as time wore on these floating legends would be

gathered to one common head, and that the most important figure would be

selected to bear the sins of all. It is of course possible that many and

more damning instances might be added to the foregoing list, of which

the record has now perished. But the most that can be done is to take

what the counsel for the prosecution have brought forward, and to

examine it as strictly as can now be possible.

It must always be difficult to reconsider with absolute impartiality any

verdict that has been generally accepted for close upon two hundred

years. On the one hand, there is a not unnatural disinclination for the

trouble necessary to re-open a case already heard and judged: on the

other, is a most natural inclination to take every fresh fact

discovered, or every old blunder detected, as of paramount importance.

The explorer in strange lands is too apt to take every mole-hill for a

mountain. And when the verdict is one that has been endorsed by

Macaulay, he must be a bold man indeed who thinks to upset it.

Nevertheless, something has, I hope, been done to bear out my belief

that Claverhouse has been too harshly judged. No attempt has been made

to gloss over or conceal any crime that can be brought fairly home to

him. The case of Andrew Hislop (a far blacker case than the more

notorious one of John Brown) has been left as it stands, so far as the

imperfect evidence enables us now to judge it. If that one case be held

enough to substantiate the general verdict, if nothing can be set

against it, there is no more to be said--save that, if this be justice,

many a better man than Claverhouse must go to the wall.

One thing, at least, should be clear. He was no capricious and

unlicensed oppressor of a God-fearing and inoffensive peasantry, but a

soldier waging war against a turbulent population carrying arms and

willing to use them. I have nowhere tried to soften the bitter tale of

folly, misrule, and cruelty which drove those unhappy men into

rebellion, nor to heighten by a single touch their responsibility for

their own misfortunes. I have not tried to find excuses for the men

whose orders Claverhouse obeyed, nor arguments to show that in the

circumstances such orders were inevitable. But I have tried to show that

in no single instance, of which the record is complete, did he go

beyond the letter of his commission, and that in more than one instance

he construed its spirit with a mildness for which he has never yet been

given credit.

But nothing will avail to save him in the eyes of those who maintain

that the law of human morality is fixed and immutable, and that men of

every age and every country can only be judged, and must be judged, by

the eternal laws of right and wrong. They, of course, will not allow the

excuse that he was a soldier obeying the orders of his superior

officers, even should they be disposed to admit that he did no more than

that. The orders, they will say, were cruel and unjust: he should have

refused to obey them. But is this unswerving standard possible as a

gauge of human actions? Who then shall be safe? There are offences

which, in Coleridge's happy phrase, are offences against the good

manners of human nature itself. The man who committed such offences in

the reign of Chedorlaomer was no doubt as guilty as the man who should

commit them in the reign of Victoria. But are the offences which can be

fairly laid to Claverhouse's account of such a kind? His most able and

his bitterest accuser pronounces him to have been "rapacious and

profane, of violent temper and obdurate heart." Yet every attempt of his

enemies to convict him of extortion or malversation broke signally down.

The decorum of his life and conversation was allowed even by the

Covenanters; and it is recorded as a notable thing that, however

disturbed or thwarted, he was never known to use profane language. The

imperturbable calm of his temper is said by one of their own party to

have at once exasperated and terrified those who were brought before

him far more than the brutal fury of men like Dalziel and Lag.[67] His

heart was indeed hard to those whom he regarded as plotters and

murderers, traitors to their King and enemies of the true religion. He

was indeed in his own way as much a fanatic as the men whom he was

empowered to crush. His devotion to the Crown and to the Protestant

faith was a passion as deep and sincere as that which moved the simple

peasants of the West to find the gospel of Christ in the horrible

compound of blasphemy and treason which too often made up the eloquence

of the Conventicles. But his hardness, if not tempered with mercy, was

at least guided by more justice than was common among his colleagues. He

both advocated and practised the policy of distinguishing between the

multitude and their ringleaders. The just punishment of one of the

latter might save, he said, many of the former;[68] and his entreaty for

the prisoners whom he found under sentence of death at Dundee proves

that his actions were dictated by no vulgar thirst for blood. When

judged by the general manners of the age, the circumstances of the time

and his position, I do not believe him to have been cruel by nature or

careless of human life. The standard of military morals in vogue two

hundred years ago cannot be weighed by that in vogue to-day. The

humanity of one generation is not the humanity of the next. Wellington

was certainly not a cruel man, and he certainly was a most strict

disciplinarian. Yet it is well known that many things were done during

the Peninsular campaign which no general now would dare to pass

unpunished, which no soldier now would even dare to do; and it is quite

possible that eighty years hence our descendants will read with horror

of the deeds done by their grandsires among the rocky passes of

Afghanistan or on the burning sands of Egypt. I do not claim for

Claverhouse that he was gentle, merciful, or humane beyond his time,

though I believe him to have had as large a share of those qualities as

any of his contemporaries would have displayed in similar circumstances.

But I do claim for him that his faults were the faults not of the man

but of his age; and I maintain that his age cannot in such matters be

tried by the standard of this.

FOOTNOTES:

[49] I have been much indebted in this chapter to an anonymous pamphlet

entitled "A Note to the Pictorial History of Scotland, on Claverhouse,"

apparently printed at Maidstone; but when, or on whose authority, I have

been unable to discover. It was sent to me by an equally nameless

benefactor.

[50] Napier, iii. Appendix 3, and his "Case for the Crown": Blackwood's

Magazine, December 1863. On the other side see Barton, vii. 255:

Macmillan's Magazine, December 1862; and a pamphlet by the Rev.

Archibald Stewart, "History Vindicated in the case of the Wigtown

Martyrs," 2nd ed. 1869.

[51] According to "The Cloud of Witnesses," first published in 1714, the

epitaph ran as follows:

"Murdered for owning Christ supreme

Head of his Church, and no more crime

But her not owning Prelacy,

And not abjuring Presbytery.

Within the sea, tied to a stake,

She suffered for Christ Jesus' sake."

The stone on which these lines were inscribed covered, according to the

same authority, "the body of Margaret Wilson, who was drowned in the

water of the Blednock upon the 11th of May, 1684 [5], by the Laird of

Lagg."

[52] In Colonel Fergusson's most entertaining chapter of family history,

"The Laird of Lagg," he mentions an old lady, still alive in 1834, who

remembered her grandfather's account of the execution, which he declared

he had himself witnessed: "There were cluds o' folk on the sands that

day in clusters here and there, praying for the women as they were put

down."

[53] Charles Kingsley, for example, wrote in "Alton Locke" of "the

Scottish Saint Margaret whom Claverhouse and his men bound to a stake."

[54] Wodrow, iv. 244.

[55] Claverhouse to Queensberry, May 3rd, 1685. Napier, i. 141; and iii.

457.

[56] "John Inglis, captain of a troop of dragoons, lying in garrison at

Newmills, in the West, a house belonging to the Earl of Loudon, having

taken some of these fanatics prisoners, and though he had power to

execute them, yet keeping them alive, some of their desperate comrades

breaks in upon the garrison and rescues them, to their great shame; for

which Inglis was degraded, and his place was given to Mr. George

Winrahame, a bigot Papist." Fountainhall, quoted by Napier, iii. 457.

This Winrahame may be the Winram who had to do with the Wigtown Martyrs.

According to "The Cloud of Witnesses,"

"The actors of this cruel crime

Was Lagg, Strachan, Winram, and Grahame."

A letter more or less in a name was of no account in the cacography of

those times.

[57] "The new reign was not to remain long undisturbed; before the end

of April there was the apprehension of a great civil war, and in May the

news came that it had begun both in England and Scotland." These are

Burton's words (vii. 258), and no one can accuse Burton of undue

partiality to James or his government. See also Aytoun's Appendix to his

"Lays of the Scottish Cavaliers," which, however, was written before the

publication of Napier's book had proved Claverhouse's responsibility for

the death of John Brown.

[58] Wodrow, iv. 148-9. He prints the declaration in full from a copy in

Renwick's own handwriting. The following extracts will give some idea of

it: "We have disowned the authority of Charles Stuart (not authority as

God's institution, either among Christians or heathens) and all

authority depending upon him, for reasons given elsewhere (disclaiming

all such things as infer a magistratical relation betwixt him and us);

and also we have declared war against him, and his accomplices such as

lay out themselves to promote his wicked and hellish designs.... We do

hereby declare unto all that whosoever stretcheth forth their hands

against us ... by shedding our blood actually, either by authoritative

commanding, such as bloody counsellors ... especially that so-called

justiciary, generals of forces, adjutants, captains, lieutenants, and

all in civil and military power, who make it their work to embrue their

hands in our blood, or by obeying such commands, such as bloody militia

men, malicious troopers, soldiers, and dragoons; likewise such gentlemen

and commons who, through wickedness and ill-will, ride and run with the

foresaid persons ... we say all and every one of such shall be reputed

by us enemies to God and the covenanted work of reformation, and

punished as such, according to our power and the degree of their

offence.... Let not any think that (our God assisting us) we will be so

slack-handed in time coming to put matters in execution as heretofore we

have been, seeing we are bound faithfully and valiantly to maintain our

covenants and the cause of Christ."

[59] For example, in the earliest edition of the pamphlet containing his

version of this affair ("The Life of Peden") an "old singular Christian

woman named Elizabeth Menzies" is mentioned as the first neighbour who

came to condole with Mrs. Brown. In later editions Elizabeth Menzies

becomes Jean Brown. The wife also is sometimes Isabel and sometimes

Marion. Walker's "Biographia Presbyteriana" is a collection of tracts

published by him at different times, of which this "Life of Peden" is

the earliest and the best.

[60] "A Short Memorial of the Sufferings of the Presbyterians."

[61] This Buiening is called Bruning in "The Cloud of Witnesses," and

may be the Brownen of Claverhouse's letter, that is to say, the nephew

of John Brown.

[62] "It seems somebody had maliciously told this Graham they were of

the Whigs who used the field meetings, upon which, without any trial or

other sentence than his own command, his soldiers fetched them all to

Mauchline, a village where his headquarters were, and hanged them

immediately, not suffering them to enter into any house at their coming,

nor at the entreaty of the poor men would suffer one to lend them a

Bible, who it seems offered it, nor allow them a moment to pray to God."

Defoe's "Memoirs of the Church of Scotland" were first published in

1717, a few years before Wodrow's History. Elsewhere in the same work he

states that Claverhouse had "among the rest of his cruelties barbarously

murdered several of the persecuted people with his own hands," also that

"this man is said to have killed above a hundred men in this kind of

cold blood cruelty." But Defoe's qualifications for a historian of those

times are, to say the least, uncertain. He mentions Cameron and Cargill

as alive and busy in 1684, four years after one had died fighting at

Aird's Moss, and the other on the scaffold at Edinburgh.

[63] Wodrow, iv. 197; Napier, i. 89. I have called this the most

authentic version because it professes to have come from the murderers

themselves. It is to be found in a letter to Wodrow (printed by Napier)

now in the Advocates' Library at Edinburgh. The date is 1715, and the

writer, who only signs his initials, J.C., calls Wodrow "cousin." "I

give you the account," he writes, "from the best information it's

possible to be got, viz., from Robert Dun, in Woodheade of Carsphairn,

and John Clark, then in that parish, now in Glenmont, in the parish of

Strathone, anent the curate's death of Carsphairn, which they had from

the actors' own mouths." Wodrow adds a little touch of his own--"Mr.

Peirson with fury came out upon them with arms"--and is silent on the

fact of Mitchell's presence.

[64] Fountainhall's "Historical Notices," and a letter to Queensberry

from Sir Robert Dalzell and others, quoted by Napier, ii. 427-8.

[65] Wodrow, iv. 184.

[66] For example, the story told of Claverhouse sparing a man's life for

the sport his capture had afforded, but ordering his ears to be shorn

off. This may be found in a book called "Gleanings among the Mountains,

or Traditions of the Covenanters," published at Edinburgh, in 1846, by

the Rev. Robert Simpson, of Sanquhar. The same gentleman is responsible

for an earlier volume, "The Times of Claverhouse," in which the

Covenanters are described as a class of "quiet and orderly men,"

maintaining the standard of their gospel in "the most peaceful and

inoffensive way." In neither volume is any authority offered for these

stories: even the evidence of time and place is rarely vouchsafed.

[67] Walker's "Biographia Presbyteriana:" Lochiel's Memoirs.

[68] See _ante_, p. 92: also Napier, ii. 360, for a letter to the Lord

Chancellor, June 9th, 1683. "I am as sorry to see a man die, even a

Whig, as any of themselves. But when one dies justly, for his own

faults, and may save a hundred to fall in the like, I have no scruple."

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