J. T. STUART HAY.

Sir Thomas Dick Lauder considered this refusal to be quixotic; but

it was absolute. He addresses himself at great length to the task of

proving the high character for veracity of the Messrs Hay, and he

adds:—

I cannot for a moment believe that the brothers Allan Hay could be

guilty of the fraud of attempting to foist a forged manuscript upon

me. And, indeed, for what purpose should they attempt so base a thing?

Not, certainly, from a thirst for publication, because they never

entertained the idea of printing it until repeatedly urged to do so by

myself and some other friends who happened to see it, not through any

ostentation of theirs, but more as matter of accident than anything

else, for they did not seem to set any great value on their old copy.

But although you may be very ready to acquit the Allan Hays of being

the impostors, yet it must be admitted that the MS. may nevertheless

be a forgery. But if the Allan Hays be acquitted and their story be

believed, we then establish that, if there be forgery at all, it must

be a forgery of some antiquity. Now, in trying this alternative I

confess I think it much more difficult to believe that any one could

have undertaken so tedious and fruitless a labour in times when MSS.

were much less cared about than they are now, than to believe that the

MS. in question really is what it pretends to be. And I do think that

the internal evidence of the manuscript itself is very strongly in

its favour, and that it is extremely unlikely that any one could have

constructed a cheat with so many genuine characters about it. With all

this, I must also own that the mere circumstance that Sir Walter Scott

doubts is enough to shake the firmest opinion.

To Sir Thomas Dick Lauder’s letter of 20th July Sir Walter Scott

replied on 19th November, and that portion of his reply which relates

to the _Vestiarium_ is in the following terms:—

As for the _Vestiarium_, without pretending to know how it may have

been got up, it is not, as Audrey says, a true thing, and, allowing

the ingenuity of your arguments, one is obliged to allow so many

extremely improbable circumstances and mere possibilities, that if

any single one of them is not so weighty as to break down the whole

system, their combined influence certainly will do so.

I cannot believe there is any copy of such a work among the Cardinal

Duke of York’s papers. I am one of the commissioners for examining

these papers, which are to a certain extent already catalogued. I

will, however, keep a look out for the work of Master Urquhart,

which I think his name is. To suppose Lowlanders to be Highlanders

we must suppose that they spoke the Gaelick, and held the system of

clanship. Without this there could be no occasion for wearing clan

tartans. Now, every law or regulation concerning clanship is limited

to the Highlands and to the Borders, who seem to have it as a tie of

communion calculated to bind a tribe strongly together. But we are

now required to believe that there was none of that distinction of

dress at all, and if not of dress, why should there have been any

difference of language or laws? A nation’s dress is much more easily

changed than its manners and language; but here the dress alone

remains, the manners and language that associated with it are totally

gone. The idea of distinguishing the clans by their tartans is but a

fashion of modern date in the Highlands themselves; much less could

it be supposed to be carried to such an extent in the Lowlands as the

manuscript pretends. Tartan itself is unquestionably a Lowland word,

and the stuff “tiretain” fetched from Flanders, and I suspect the

Highlander wore a frieze mantle like the Irish chief, without what we

now call the bracken.

To this letter Sir Thomas replied on 29th November 1829. By that time

the terrible calamity, of which he gives so vivid a picture in the

_Moray Floods_, had happened to Relugas, and he appears to have had

little heart to write about anything else. But he makes an allusion to

the _Vestiarium_; and a very striking one it is. With all deference

to the very distinct expressions of opinion by his distinguished

correspondent, he observes:—

I confess I am still a believer. What do you think of the facsimile of

old Leslie’s handwriting? By-the-bye, I will thank you to send it me

in Mr Hay’s parcel,[90] to save me from sending to London for another.

I have examined the old copy of the manuscript in my possession,[91]

and find the water-mark of the paper to be ante-Union, the supporters

to the arms being two unicorns.

Here closes this remarkable correspondence, and we hear no more of the

_Vestiarium_ until its publication by Tait in 1842, with the name of

John Sobieski Stuart on the title-page as editor. So remarkable a work

could not fail to attract attention. The most striking criticism on

the book, so far as ability and bitterness went, and the only one to

which any reply was vouchsafed, is that contained in the _Quarterly

Review_ for June 1847.[92] This criticism the brothers Stuart believed

to have been written by the late Mr Dennistoun, but it was in reality

the work of the late Professor George Skene, of Glasgow University,

brother of the late Dr. William Forbes Skene, from materials furnished

chiefly by the late Dr. Mackintosh Mackay. One half of the criticism

consists of an unsparing attack on the alleged claims of the brothers

to Royal descent, and the other of an attack upon the authenticity of

the _Vestiarium_. Professor Skene first proposed to discuss the printed

text for indications of its genuineness, or the reverse. Had he done

so, the result could hardly have failed to be interesting, the language

of the work offering a fair field for criticism. He not only did not

do so, but fell into a series of very extraordinary errors regarding

facts. He wrote:—

We cannot find that the actual MS., “which belonged to the Douay

College,” and “contains the signature of the Bishop of Ross,” has

ever been exhibited to any learned society in the north, or even to

any individual scholar or antiquary unconnected with the present

publication; but about twenty years ago, a _description_ of the MS.,

with a _transcript_ of part, at least, if not the whole of it, was

sent to the Society of Scottish Antiquaries, with a request that they

would patronise its publication; and by their secretary the specimen

was placed in the hands of Sir Walter Scott, who kindly undertook

to examine it, and give the society the benefit of his opinion as

to its authenticity. The secretary, accompanied by our informant,

a reverend friend deeply versed in Highland lore, waited upon him

shortly afterwards to ascertain the result of the scrutiny. Sir Walter

assured them that the style and dialect of the specimen shewn him

were utterly false, a most feeble and clumsy imitation of the genuine

writing of the period, and indignantly declared his conviction that

the manuscript itself must be an absolute fabrication.[93]

To this attack the editor of the _Vestiarium_ made the following

reply:—

The reviewer proceeds to proclaim an opinion asserted to have been

delivered by Sir Walter Scott, that the MS. was a clumsy imitation of

the genuine writing of its professed period, “and unentitled to any

credit.” The reviewer, however, has concealed that Sir Walter Scott

never saw the original MS., and that he died some years before the

publication of the printed edition—consequently that he never had any

opportunity of forming a judgment even from a careful and formal copy.

According to the acknowledgment of the reviewer himself, the asserted

opinion of Sir Walter was founded upon a “description of the MS.,

with a transcript of a part, if not the whole.” How far any critic

could presume to form a judgment upon any “transcript,” especially

an imperfect “part,” of a work, we leave to the experience of those

accustomed to the criticism of old writings. But the reviewer has

farther concealed the nature of the “transcript” said to have been

exhibited to Sir Walter Scott. After the originals of the _Vestiarium_

were in the possession of its editor, there never was made more than

one “transcript,” that alluded to by the reviewer as “a transcript

obtained by a gentleman in the north.” This copy, or, as admitted by

the reviewer, “a part,” was transmitted by the transcriber to some of

his friends in Edinburgh, at which time we believe, as asserted by the

reviewer, it was casually shewn to Sir Walter Scott. The reviewer,

however, has concealed the nature of this transcript, upon which Sir

Walter’s asserted opinion is so maliciously quoted. Far from being, as

might have been expected, a critical facsimile, or even matter-of-fact

copy from the original, it was a sort of “Hood’s Comic Almanack” of

tartans, neatly written, not in “clerks’,” “scriveners’,” or any other

MS. text of the sixteenth century, but in ordinary Roman letter,

consequently, exhibiting no “imitation” of the “genuine writing” of

the period, said to have been contra-distinguished in Sir Walter’s

observation, and still farther at variance with the original, or any

object of serious criticism, by being illustrated in vermilion, with

bizarre caricatures in the form of burlesque head and tail pieces,

generally graphic puns and hieroglyphics for the name of each family

whose title they adorned. Of their description, consequently, of the

serious character of the MS. of which Sir Walter Scott’s criticism is

so gravely reported, a conclusion may be formed by a few examples,

such as, for “Dundas” the sketch of a small “Dun,” and on its summit

an “ass.” For Brodie (pronounced in Scots Broadie), a large, _i.e._,

a “Broad” “eye.” And for Montgomery the view of a mount, enlivened by

several dancing figures, intended to associate the idea of “go-merry,”

and the like. Such is the manuscript said to have been exhibited to

and condemned by Sir Walter Scott as “of no authority whatever.” Its

removal from authority, however, was farther extended by the fact that

it was not even a transcript of the oldest MS. on which the reviewer

sits in judgment, but of an inferior, tattered, and inaccurate copy,

no older than the year 1721, and which was the only one “in the north”

when the amiable and distinguished friend[94] of the possessor,

designated by the reviewer after that borealian locality, made the

transcript, with which he amused some idle winter days, with the

conceits which, it was then predicted, would extend to the original a

connection of misconception and ridicule.

According to this expectation, all those who became acquainted with

the tract only through the medium of the copy supposed that the

illustrations, as well as the text, were equally facsimiles of the

original MS.; and if Sir Walter Scott had no explanation to the

contrary, he, of course, entertained the same conclusion, and thus

must have supposed the tract a greater enormity of absurdity than has

even been assumed by the reviewer.[95]

Professor Skene, writing of what happened “about twenty years ago”

concerning an affair in which he took no part, may well have fallen

into casual error, but his “reverend friend deeply versed in Highland

lore” ought to have had some memory. The correspondence between Sir

Thomas Dick Lauder and Sir Walter Scott clearly shows that John Ross’s

MS. was first brought under Sir Walter’s notice in June 1829, a period

fairly enough corresponding in 1847 to “twenty years ago.” But the

only “description,” or “transcript,” of the part or whole he ever saw

was that contained in Sir Thomas’s letter of 1st June 1829, and how

far the materials there given enabled Sir Walter to form a judgment of

the style, dialect, or writing of the original may be gathered from

the fact that he made no attempt to do so. There are Sir Walter’s own

letters of 7th June and 19th November 1829 on the subject, in which

his unfavourable opinion of the authenticity of the _Vestiarium_ is

based, not upon the appearance or language of the manuscript, which he

had no opportunity of examining, but upon its ascription of tartans to

the Lowlanders, to the lack of express notices on the subject by early

writers, and to the use of the tartans as distinguishing the clans. Sir

Walter wrote with the knowledge of his period, and how far his views

are borne out by later investigation may be gathered by a study of the

contents of the preceding pages.

Professor Skene’s statements—first, that a description of the

manuscript, with a transcript of part, if not the whole of it, was

sent to the Society of Scottish Antiquaries, with a request that they

would patronise its publication; second, that the specimen was placed

by their secretary in the hands of Sir Walter Scott, who undertook to

express an opinion upon it; and, third, that the secretary and “our

informant” afterwards waited upon Sir Walter to ascertain what his

opinion was—are unverified. All that has yet been discovered, indeed,

goes to show that nothing of the kind ever took place, and that the

“facts” stated in the _Quarterly Review_ had their origin only in the

imagination of the learned professor’s “reverend friend.” The minutes

of the Society of Antiquaries of Scotland for that period are yet in

existence. They are kept with a careful, even a tedious minuteness; and

is it possible to suppose that the series of events detailed in the

_Quarterly Review_ of June 1847 as having taken place “about twenty

years ago,” involving questions of such importance to antiquaries,

especially to Scottish antiquaries, could have been entirely omitted

from them? Yet they are. No mention whatever of the circumstances

stated by Professor Skene to have occurred “about twenty years ago”

appears.

John Sobieski Stuart’s position in the affair is quite plain. We

find from the correspondence that all Sir Walter really saw was the

description and extracts contained in Sir Thomas’s letter of 1st June

1829; but the editor of the _Vestiarium_, aware of the fact that Sir

Thomas had a transcript of the work, which he had expressly offered

to show Sir Walter, and confronted with the absolute statement by

Professor Skene, on the authority of his “reverend friend,” that Sir

Walter had seen a transcript, arrived naturally at the conclusion that

the transcript Sir Walter was asserted to have seen was the only one in

existence, that made by Sir Thomas Dick Lauder, and directed his reply

accordingly. Had he been aware of the real facts of the case, his reply

to Professor Skene might have been even more crushing than it was.

Professor Skene made an attack in another quarter. He questioned the

authenticity of the work on the ground that there were several and

serious errors in the genealogies of the clans whose tartans are

described, and he specified particularly M’Nab, Farquharson, Clan Gun,

Cluny Macpherson, and Mackintosh, the occurrence of errors in regard

to whose genealogies, he urged, demonstrated that the _Vestiarium_ was

a forgery. To reply to these criticisms John Sobieski Stuart seriously

set himself, and with remarkable ability and success.[96]

Finally, Professor Skene fell foul of the Bishop of Ross’s signature.

It matters little to the public who was the perpetrator of the present

forgery. It may have been “_the late_ Mr Robert Walker,”[97] who is

so ready with an entry from “the Bishop’s Diary” in its support—a

“Diary” which, like Mr Sobieski Stuart’s MS. itself, formed “part of

the Douay papers.”[98] It may have been the defunct porter of Auld

Reekie, John Ross, from whom one of the copies is said to have been

procured. And _apropos_ of this latter possibility we would recommend

Mr Sobieski Stuart to again look at his original MS., and consider

whether what he has taken for the signature of the well-known bishop,

John of Ross, be not in fact a quaint attempt of his friend the

sword-player to write his own name in an old hand, after practising

upon the fever and ague notice which accompanies it.[99]

To this taunt John Sobieski Stuart made no reply. Possibly it was

beyond his power to give any example of the bishop’s signature beyond

the one in his possession. And yet the propriety of comparing an

authoritative example of Leslie’s handwriting with that appearing in

the _Vestiarium_ obviously suggests itself, and did not escape Sir

Thomas Dick Lauder’s observation. He wrote on 20th July 1829,[100]

enclosing Sir Walter Scott a traced facsimile of the signature for

his satisfaction, and adding “it is not impossible you may know of or

hear of some signatures of John Leslie’s to be found in some of the

public collections in Edinburgh. If so, it would be curious to compare

this facsimile with it.” Of this request no notice appears to have

been taken by Sir Walter, and Sir Thomas again returns to the charge

on 29th November,[101] when he asked Sir Walter for his opinion of

the authenticity of the signature, and requesting him to return the

facsimile. But the day of Sir Walter’s own trouble had come, and he

contented himself with returning the facsimile to Sir Thomas without

any attempt at verification. One obvious explanation of Sir Walter’s

proceeding is that the public records were not then so accessible as

they are now, and a search must have proved both tedious and expensive.

Of Leslie’s signature as Bishop of Ross (Jo. Rossen.) not many examples

are available, but the Editor’s attention has been drawn to one in the

_Lord Treasurer’s Accounts_. It is submitted that the reader may be

able to form an opinion as to whether the facsimile in the _Vestiarium_

is more likely to represent the signature of the Bishop of Ross or the

scrawl of an Edinburgh street porter of 1819.

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