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St. Andrews in
1645-46. By D. R. Kerr. Edinburgh and London : W. Blackwood & Sons.
1895.
TH1S
essay is divided into three parts. In the historical introduction, a
rapid survey is taken of the general state of Scotland, and Scottish
affairs, from June 1610, to the middle of September 1645.
'In
the first days of 1645 '—to quote from the essay—' the affairs of
Scotland, through a course of rapid and important events, had passed
from a state of perplexing hesitancy into one of clear and determined
issues. The Presbyterian party, the party undoubtedly in power, the
party dominating Church and State, had ceased to look longer to the King
for assistance in their anxious attempts to reconcile their spiritual
loyalty with their loyalty temporal. In June, 1643, the Scottish
Parliament, for the first time in the history of the country—if we
except the precedent which its leaders claimed—met without the King's
commission. Its transactions at the outset had been nominally loyal, but
as the course of events in the South proceeded, open hostility to the
King had been declared by the levying of an army for the aid of the
forces of the English Parliament. In the following year both Parliament
and General Assembly had met with commission from the King, and in
perfect harmony had worked for the protection of Presbyterian interests
against the King's hostility. Three Scottish armies were in the field.
One was engaged in the suppression of the Irish Rebellion, another was
in England under the veteran Earl of Leven, and a third was employed in
the subjection of the Royalist districts at home. Compromise had been
lost sight of, and all hopes were set upon a victorious campaign.'
The
operations of Argyll, as leader of the Covenanters, and of Montrose, as
leader of the Royalists, are referred to, in-eluding the battles of
Tibberrrmir, Kilsyth, and Fnverlochy, and terminating with the defeat of
Montrose at Philiphangh, by Lieutenant-General David Leslie, on the loth
September, 1645,—a defeat as disastrous to the Royalists of Scotland, as
that at Naseby, in -June of the same year, was to the Royalists in
England.
In
the second part of the essay, a sketch of the ecclesiastical, municipal,
and ordinary life of the city of St. Andrews is given —a considerable
portion being devoted to incidents connected with the University, which,
Mr. Kerr justly states, 'was the chief glory of the city.' Reference is
made to Rutherford, who was one of the most distinguished of the
Professors, and to Robert Blair, minister of the first charge in the
town, and ' after Rutherford, probably the most notable man connected
with the city.' Rutherford was one of the Commissioners from the General
Assembly of the Church of Scotland to the Westminster Assembly of
Divines.
'In
many respects,' says Mr. Kerr, ' Rutherford was one of the most notable
men of his time. His eloquence, courage, and sufferings for the cause of
Presbyterianism had raised him to the position of a leader of the Church
and, in some degree, of the people. His "Lex Rex," the treatise in which
he attempted to state the true relations of a king and people, had
become the recognised expression of the principles of the Scottish
Presbyterians. As a preacher also he had become famous. His duties as
professor being combined with those of an active minister, it is
probable that he was known to the people of St. Andrews more as an
eloquent preacher than as a teacher of theology. His preaching was
passionate and vehement, evidently in keeping with his reputation as an
uncompromising controversialist. With his earnestness and devotion he
had the poet's sensuous imagination and subtle perception of analogies,
and the gift of setting forth his strange conceits in language often
beautiful and melodious. The peculiarity both of his ideas and language
cannot, at times, be commended. This he would seem to have inherited
from the generation of religions writers who preceded him. Still it is
not necessary for the charitable to deny the reverence of these
utterances, though they may not trust them on their own lips. His
language, startling and repellant as it often is, was perfectly reverent
as it came from him. Rutherford's intense, subjective nature was not the
one to produce an effect for effect's sake. It may be remarked that many
have condemned Rutherford's imagery as unseemly and even blasphemous
who. it is more than probable, accepted the spiritual interpretation of
the Song of Solomon. What has been condemned as the vice of Rutherford's
religions writings was in many respects the vice of his time, and is as
marked in the saintly author of "The Temple" as in the Presbyterian
divine. The life of Rutherford subsequent to 1647 was actively spent in
the service of his Church. On his return from the Westminster Assembly
of Divines he was raised to the Principalship of St. Mary's, which he
retained till his death in 1662.'
In
the third part of the essay, Air. Kerr treats of the more important
history of the city, viz., its connection with the events which were
affecting the entire kingdom.
The
troops raised in Fifeshire, suffered to such an extent, that exemption
was granted by the Parliament to the Presbyteries of St. Andrews, Cupar,
and Kirkcaldy from further levies, on account of the number, from these
Presbyteries, which had been killed in the battles of Tibbermuir and
Kilsyth. After the news of the defeat of Montrose at Philiphaugh a
service preparatory to a public thanksgiving was held at St. Andrews, on
Sabbath, the 21st September. The thanksgiving for the great victory was
offered up on the Sabbath following.
'For
the common people of Scotland,' says Mr. Kerr, 'there were now times of
quiet and respite from the terror of the sword. What engaged the
thoughts of the country at this time was more the relations between
England and Scotland. Both kingdoms were now in subjection to the arms
of the English and Scottish Parliaments. It was a time for the squaring
of accounts between the allies. Ever since the battle of Marston Moor
differences had begun to arise between the English and Scottish parties
as to the position of the Scots army in England; and now that the work
of the English army was practically completed, the presence of the Scots
soldiery became more and more a matter of dispute and irritation. At
length, the matter became of so great importance, and so threatened the
whole relations between the two kingdoms, that in July 1645, a
commission of six from the English Lords and Commons was appointed to go
to Scotland and treat with the Scots on the grave matters of the peace
of the nation. The Scottish Parliament, in August, accordingly appointed
a commission to meet the English Commissioners, and to treat with them.'
Having referred to the actings of the Commissioners, Mr. Kerr proceeds
to a consideration of what took place in the Parliament which met at St.
Andrews on the 20th of November, 1645. On that day, to quote from the
essay, 'the representatives of the nobility and the commissioners of the
shires and burghs of Scotland assembled in the hall of the New College
under the Chancellorship of the Earl of Loudon.'
Interesting- sketches, to which we refer the readers of the essay, are
given of three of the most distinguished of the Parliamentary
leaders—the Earl of London, the Marquis of. Argyll, and Sir Archibald .Johnstone
of Warriston. A detailed account is given of the trial of the prisoners
taken at Philiphaugh. Reference is made to the proceedings of the
Parliament relative to education, and to the vexed questions of the
payment of the arrears due to the Scottish army, and its withdrawal from
England.
In
regard to the education of the people—
"An
Act was passed for the erection of a school in every parish, with duly
appointed and endowed schoolmasters. The schools were to be under the
control of their particular Presbyteries in the matters of their
foundation and appointment of masters. The burden of providing a good
school-house and a stipend for the master of not less than a hundred and
not more than two hundred merks was imposed upon the heritors of the
parish. Stringent conditions were also imposed upon the heritors in
order to insure the thorough maintenance of the school. It was enacted
that the heritors should contribute towards the maintenance of the
school proportionately, but should an heritor fail to pay his proportion
for three terms, he would thereby entail the doubling of his proportion.
This
Act was evidently passed in the expectation of more peaceful times ; but
that the Scottish politicians should have turned aside from the maze of
diplomacy which they were at this time attempting to thread, to the
matters of the people's education, must add honour to their memory, and
vindicate their sympathy with the aspirations of the common people.
As to
the other matters debated Mr. Iver observes :—
The
questions of the arrears due to the Scottish army, and its withdrawal
from England, were settled by the agreement of the Scots to accept
£200,000 and public guarantee for as much more, and to withdraw their
army from England. The occurrence of these transactions simultaneously
with the committal of the King into the hands of the English Parliament
forms the ground of the Royalist accusation against the Scots that they
sold their King. But a short examination of the proceedings of the St.
Andrews Treaty will show that the £200,000 was due to the Scots, and
demanded by them long before the King had come to their army. At that
time also the debt was acknowledged by the English and payment promised.
That
the Royalist allegation is groundless, the following considerations may
serve to show:—The occasion of the Civil War in England was the
assumption, by the King, of power which, if defensible under a sublime
monarchy, was not legitimate under a
limited monarchy, or any form of
constitutional government. The King and the Parliament assumed, in
consequence, an attitude of hostility to each other. In the early stages
of the war it seemed as if the Royalist forces were to succeed in
putting down what was termed, by them, the rebellion. Fairfax was
defeated by Newcastle at Atherston Moor, and Sir William Waller was
defeated at Lawnsdon Heath. Weymouth, Dorchester, Portland Castle, and
Exeter were lost; and Bristol had been taken by Prince Rupert.
The
Parliamentary party, and those who adhered to them, being thus in a
critical position, were anxiously desirous of obtaining the assistance
of the Scots, and sent Commissioners to Scotland to make arrangements
for obtaining it. An International League and Covenant was entered into,
and the English and Scotch bound themselves to stand by each other in
defence of what they considered civil and religious liberties.
The
Scots army was to come to the assistance of the English, and to be paid
by the English £30,000 each month during their campaign in England.
In
January, 1644, the Scots army crossed the Tweed. From the period of
their entering England till after the Battle of Naseby, in June, 1645,
which proved so disastrous to the King's forces, the most friendly
relations subsisted between the two armies; but after that battle, iu
which the King's troops were hopelessly defeated, the English, finding
themselves in a position to maintain their cause against the King
without the assistance of the Scots, were eager to get quit of them. The
Republican party in England were gaining strength ; and knowing that the
Scots, although opposed to the unconstitutional actings of the King, and
resolutely determined to secure their civil and religious liberty, were
nevertheless loyal to the Sovereign,- they endeavoured to make their
position in England as uncomfortable as possible; and, among other
things, suspended the payment of the army for
more than half a-year,
with a view to making their return to Scotland not only desirable, but
also necessary. Whilst they had need of them, they were careful to
provide for them; but now, they would let many months pass without
sending them any money, or taking any care for their supply, or so much
as affording them good words. One of two effects they thought this would
produce—either that the soldiers would run away, or mutiny, and so the
army disband or fall to pieces, or else live upon free quarters, and so,
by oppressing the country, become odious to the people, and force them
to rise against them.' They were exposed, also, to many other vexatious
annoyances and provocations.
In
order to avoid being taken captive by Fairfax, the King-escaped
privately from Oxford, and unexpectedly came, in May, 1646, to the Scots
army at Newcastle. He was neither invited, nor expected. His arrival was
immediately intimated to both Houses of the English Parliament, with
accompanying assurances, on the part of the Scots, that there was no
treaty between them and the King, and that nothing would be done, or
assented to, by them, inconsistent with the terms of the Solemn League
and Covenant, to which both nations were parties. Every attempt was made
by Henderson, as representing the Church; by the Earl of Leven, as
representing the Army ; and by Lord Loudon, as representing the Estates,
to induce the King to adhere to the Covenant, and thus come to an
agreement with the Parliaments of England and Scotland, but in vain;
and, finding that on no other terms could he count upon the aid of the
Scots army, he proposed to the English Parliament that he might come to
London, or any of his houses thereabout, with freedom, honour, and
safety, that he might further treat upon the propositions of peace
presented to him.
Within a fortnight after the King came to the Scots army, the English
Parliament declared formally, by vote, that they had no further use for
them; and, that after adjustment of their accounts, and payment of the
arrears, they should withdraw from the kingdom.
Six
weeks thereafter, early in August, they empowered their Commissioners to
pay £200,000 before the removal of the army, and £200,000 after its
departure. Although not nearly the amount due, yet. in order to put an
end to the annoyance to which they were being subjected, the terms were
accepted on the 2nd September; and up to that date no negotiations had
taken place in regard to the disposal of the King's person. That
question had not yet been considered, and had no connection with the
payment of the arrears which had long been previously due.
The
King having refused to grant the propositions for peace which had been
submitted to him, the House of Commons declared, by vote, ' that the
person of the King shall be disposed of as both Houses of Parliament
shall think fit. On September 24th the House of Lords concurred; and a
Grand Committee of both Houses was appointed to confer, consult, and
debate with the Commissioners of Scotland concerning the disposal of the
person of the King.' 2
'In
the Conference there were many and long debates for several days, the
Houses of Parliament claiming the sole right and power in the disposal
of the person of the King in England; and the Scottish Commissioners
asserting that both kingdoms had an interest in the disposal of his
person, whether he were in England or in Scotland, he being the King of
both; but, at length, the Conference broke up without any agreement.'
On
the 20th December the King again made known his desire, by letter to the
English Parliament, to come to London, or neighbourhood, to treat anew
in regard to the propositions for peace. This letter was received on the
25th: and, on the 31st December, the Houses resolved that Holmby House
be appointed for the King to take up his abode, with such attendants as
they shall appoint, and with due regard to the safety and preservation
of his person. This vote, says Stevenson, both Houses of Parliament
enclosed to his Majesty, and also to the Scottish Commissioners residing
with his Majesty at Newcastle, who forthwith transmitted the same to the
Parliament, then sitting in Scotland.
Before coming to any final determination in the matter, the Parliament
of Scotland resolved again to send Commissioners to his Majesty,
earnestly and humbly to entreat him to agree to the propositions for
peace previously submitted to him, assuring him that his assent to the
propositions was the only condition which would enable them,
consistently with the Solemn International Covenant engagement, to
interfere effectually in his behalf. The King persisted in his refusal;
and on the 16th January, 1647, 'the Estates of Parliament passed a
declaration, wherein, having considered his Majesty's promises, when he
came to the Scots army, to follow the advice of his Parliaments : his
refusal to grant the propositions of both his kingdoms, notwithstanding
the frequent addresses of this kingdom for that purpose ; his Majesty's
desire to be in London, or in some of his houses near to the Houses of
Parliament; and the desire of the two Houses that he may come to Holmby
House, promising the safety and preservation of his Royal person, in the
preservation and defence of the true religion and liberties of the
kingdom, according to the Covenant; they did declare their concurrence
for his Majesty going to Holmby House, or some other of his houses in or
about London, there to remain till he gave satisfaction to both kingdoms
in the propositions of peace ; and that, in the interim, there shall be
no harm, prejudice, injury, or violence done to his Royal person ; that
there shall be no change of Government other than had been for three
years preceding; and that his posterity shall be in no ways prejudiced
in their lawful succession to the throne and government of these
kingdoms.'
The
interval occupied in fruitless negotiations, afforded time to the
Republican party in England to perfect their designs against the King's
person, which culminated in the tragic scene witnessed on the 30th
January, 1649, when he was brought forth to execution, and his head fell
on the scaffold erected in front of Whitehall Palace, the report of
which unexpected atrocity sent a thrill of horror into the heart of the
entire Scottish nation.
In
order to mark their abhorrence of the deed, and their want of sympathy
with its perpetrators, they resolved to proclaim the King's son as the
legitimate heir to the throne, and their readiness, on condition of his
adhering to the Covenant, to receive him as Charles II.
The
Parliament of England had no right finally to dispose of the King's
person without the consent, of the Scottish Parliament, and could only
do so by a flagrant breach of the treaty between the two kingdoms. The
English Parliament would probably not have done so, had it rested with
them. Before the army could find in the Parliament an instrument suited
to its purpose,
Pride's Purge required to be administered;
and it was only after the army had succeeded in summarily and forcibly
expelling from the Parliament those of its members who were not prepared
obsequiously to favour the unconstitutional designs of the military
leaders, that the execution of the King, despite the remonstrances and
protests of the Scottish Parliament, took place. 'Upwards of forty of
the Presbyterian members were cast into confinement; above one hundred
and sixty were excluded from the House; and none were suffered to sit
and deliberate but the most determined Sectarians, in all not exceeding
sixty.'
The
House of Lords refused to concur in the proposal to bring the King to
trial as guilty of treason against the people of England; but the House
of Commons which, after the depleting effects of
Pride s Purge became the Rump Parliament,
voted the concurrence of the Lords to be unnecessary, and became fitting
tools of the military leaders.
The
degraded Rump of the Long Parliament was permitted to retain its
diminished power, but for a brief period, for when Cromwell afterwards
found that its continued existence was an obstacle to his ulterior
designs, he put an end to it in the most summary and contemptuous
manner.
'Entering the House of Commons,' says Hetherington, 'he assailed the
astonished members with a torrent of violent invectives, ordered the
mace, "that bauble," to be taken out of the way, called in the military
to eject the dismayed but struggling members, and having locked the door
put the key in his pocket, and returned to Whitehall.'
So
fell the English Parliament beneath the power of military usurpation:
and at the same moment terminated the Westminster Assembly.
Every
effort possible was made by Scotland to preserve the King's person. When
the Scottish Commissioners in London became aware of the hostile
measures proposed to be taken in reference to the King, they sent down
an express to Edinburgh informing the Scottish Parliament of the summary
procedure of the English array in secluding the members of the
Parliament opposed to their designs, and of their intention to bring the
King to trial. The Committee of the Estates sent up a strong
remonstrance addressed to the honourable William Lenthal, Speaker of the
English House of Commons, reminding them of the declarations made by the
English Houses of Parliament, both to the King and to the kingdom of
Scotland, that when the King was to go to England with consent of both
kingdoms, and in accordance with his own desire repeatedly expressed,
respect should be had to the safety and preservation of His Majesty's
person.
'Wherefore,' they say, at the close of a strongly expressed appeal, 'we
do expect that there shall be no proceeding against his person, which
cannot but continue and increase the great distractions of these
kingdoms, and involve us in many difficulties, miseries, and confusions
; but that, by the free counsels of both Houses of Parliament of
England, and with the advice and consent of the Parliament of Scotland
(which is now sitting), such course may be taken in relation to him, as
may be for the good and happiness of these kingdoms, both having an
unquestionable interest therein.'
Finding that that protest of the Scottish Estates of Parliament failed
to arrest or to delay the proceedings by which the King's life was
threatened, their Commissioners in London, a fortnight afterwards, in
name of the Scottish Parliament, addressed another solemn protest to the
Speaker of the English House of Commons.
Having
expressed their deep disappointment that their former protest had not
put a stop to the proceedings against his Majesty's person, they
conclude with the following statement :—
'But
we understand that after many members of the House of Commons have been
imprisoned and secluded; and also without and against the consent of the
House of Peers, by a single act of yours alone, power is given to
certain persons of your own number, of the army and some others, to
proceed against his Majesty's person : in order whereunto he was brought
up on Saturday last, in the afternoon, before this new extraordinary
court. Wherefore we do, in the name of the Parliament of Scotland, for
their vindication from false aspersions and calumnies, declare, That
though they are not satisfied with his Majesty's concessions in the late
treaty at Newport in the Isle of Wight, especially in the matters of
religion, and are resolved not to crave his Majesty's restitution to his
government, before satisfaction be given by him to his kingdoms ; yet
they do all unanimously with one voice (not one member excepted)
disclaim the least knowledge of, or accession to, the late proceedings
of the army here against his Majesty ; and sincerely profess, that it
will be a great grief into their hearts, and lie heavy upon their
spirits, if they shall see their trusting of his Majesty's person to the
honourable Houses of the Parliament of England, to be made use of to his
rnin ; so far contrary to the declared intentions of the kingdom of
Scotland. And to the end it may be manifest to the world how much they
abominate and detest so horrid a design against his Majesty's person, we
do, in the name of the Parliament and Kingdom of Scotland, hereby
declare their dissent from the said proceedings, and the taking away of
his Majesty's life; and protest, that as they are all together free from
the same, so they may be free from all the evils, miseries, confusions,
and calamities that may follow thereupon to these distracted kingdoms.'
Having made use of every means within their power to influence the
English Parliament, without receiving any satisfaction, the
Commissioners were directed by the Estates of the Parliament of
Scotland, to make a last appeal to General Fairfax, the commander of the
Parliamentary forces.
On
the 29th of January, the day previous to the King's execution, the
appeal was sent to Fairfax. This last appeal, like those by which it was
preceded, was fruitless. Nothing could induce the parliamentary and
military leaders to pause. The death of the King could alone satisfy
them; therefore, on the subservient Rump Parliament in conjunction with
the relentless leaders of the Parliamentary forces, the responsibility
for that tragic deed must rest.
As
for the arrears due to the Scottish army, although payment was long and
inexcusably delayed, all questions relating to them were settled before
the negotiations in reference to the King's person had been entered on,
and months before these negotiations were concluded.
Had
the King assented to the terms submitted to him by the Scottish
Commissioners and been favourably impressed by the earnest and
affectionate appeals addressed to him by the Chancellor the Earl of
Loudon, the Earl of Leven, and others, the entire nation would have put
forth its strength on his behalf, even at the risk of a war with
England; but his refusal tied up their hands, and rendered it
impossible, without breach of solemnly plighted faith to England as a
party to the Covenant, to interfere.
That
both nations were right in insisting that the conditions which they
proposed should be assented to, as necessary to securing civil and
religious liberty under constitutional, as opposed to personal
irresponsible government, is clear, but difference of opinion will no
doubt exist as to the wisdom of pressing upon the King the signing of
the Covenant, after his repeated refusals on the alleged ground of
conscientious scruples relative to his coronation oath.
The
language employed in some portions of that document, is not such as
would be made use of now; but it ought to be remembered that the laws of
toleration were not understood then as now. Intolerance was the vice of
the age. Episcopalians, Presbyterians, and Independents were all at
fault in regard to it; and, in judging them, we ought to do so on the
principle, adopted by all fair-minded historians, that allowance must be
made for the opinions prevalent in the age in which they lived and
acted.
It
ought, also, to be remembered that the Covenant bound those who adhered
to it to conserve and defend the legitimate right of the Sovereign, as
well as to secure and defend the liberties of the subject. The
principles contended for went down to the roots of constitutional
government, and involved the very existence of civil and religious
liberty.
What
made the question of toleration more difficult was the fact that the
extreme section of the Sectaries were in favour of toleration being
extended to all, however prejudicial to the best interests of society
their principles and practices might bo, such as the Levellers and Fifth
Monarchy men, who held views subversive of all rule and order, and
destructive of security to person and to property. To that 'boundless
toleration,' as they called it, the Presbyterians both in England and in
Scotland were opposed, and the recoil from the anarchical and
socialistic views of the Sectaries, unhappily led them to take a view of
toleration in general, greatly to be regretted, and which it would be
foolish either to adopt or defend.
As
far however as the leading members of the Westminster Assembly were
concerned, they were 011 the way to a right understanding of the
doctrine of toleration, for the men who framed and left on record the
noble declaration: 'God alone is Lord of the conscience, and hath left
it free from the doctrines and commandments of men which are in anything
contrary to His word, or beside it, in matters of faith and worship,'
could not fail ultimately, if not themselves, at least their successors
who entered into their labours, to attain to right views regarding it.
The
Scottish leaders in that Assembly were men of great ability. The men
who, to say the least, could hold their own with the learned Seldeu, and
in reply to his elaborate and carefully got up pleadings with their
recondite references, take up point after point and dispose of them,
could be no ordinary men. They were men whose intellectual stature would
dwarf that of many of their detractors They had no sympathy with the
English republican sectaries. They were loyal to the throne ; and not
only so, but it is evident that several of them, as the Earl of Loudon,
Henderson, and Blair, had a personal affection for the King, and would
have done anything to promote his interests short of putting into
abeyance strong conscientious convictions which they felt they dared not
sacrifice.
They
were not behind their age. They were men of varied acquirements, 'of
immense reading both patristic and classical.' Indeed it would be
difficult—as was stated by the late Lord Moncrieff many years since—to
point to any work of the same period by any English jurist, in which the
principles of constitutional government are more clearly laid down, and
more ably defended than by Rutherford in his
Lex Hex, and, we may add, by Buchanan, at a
still earlier period, in his
De jure Reani apud Scotos.
'The
chief English writers on these subjects of that clay were Algernon
Sydney, Harrington, and Milton. Of these, Sydney's work, which was not
published until after his death, but was written some years after
Rutherford's, follows almost exactly the course of reasoning adopted by
the latter.
Harrington's
Oceanu. also later than Rutherford's, is a
republican work, which Rutherford's is not; nor does Milton, in his
treatise On the
Tenure of Kings and Magistrates, or his
Defensio pro Populo Anglicano, attain so
clearly the constitutional view which the work in question so lucidly
illustrates. '—(Lord Moncrieff).
From
the numerous authorities quoted, and the varied sources of information
referred to, it is evident that Mr. Kerr's Essay is the fruit of
praiseworthy research. He is still young, only on the threshold of
public life, and we hope that he may long continue to prosecute
historical studies.
R.
Williamson. |