The friends of the government in vain attempted to divert the attention of the Parliament from the business of persecuting the Dalrymple family to the important and pressing question of Church Government. They said that the old system had been abolished;that no other system had been substituted; that it was impossible to say what was the established religion of the kingdom; and that the first duty of the legislature was to put an end to an anarchy which was daily producing disasters and crimes. The leaders of the Club were not to be so drawn away from their object. It was moved and resolved that the consideration of ecclesiastical affairs should be postponed till secular affairs had been settled. The unjust and absurd Act of Incapacitation was carried by seventy-four voices to twenty-four. Another vote still more obviously aimed at the House of Stair speedily followed. The Parliament laid claim to a Veto on the nomination of the judges, and assumed the power of stopping the signet, in other words, of suspending the whole administration of justice, till this claim should be allowed. It was plain from what passed in debate that, though the chiefs of the Club had begun with the Court of Session, they did not mean to end there. The arguments used by Sir Patrick Hume and others led directly to the conclusion that the King ought not to have the appointment of any great public functionary. Sir Patrick indeed avowed, both in speech and in writing, his opinion that the whole patronage of the realm ought to be transferred from the Crown to the Estates. When the place of Treasurer, of Chancellor, of Secretary, was vacant, the Parliament ought to submit two or three names to his Majesty; and one of those names his Majesty ought to be bound to select.352All this time the Estates obstinately refused to grant any supply till their Acts should have been touched with the sceptre. The Lord High Commissioner was at length so much provoked by their perverseness that, after long temporising, he refused to touch even Acts which were in themselves unobjectionable, and to which his instructions empowered him to consent. This state of things would have ended in some great convulsion, if the King of Scotland had not been also King of a much greater and more opulent kingdom. Charles the First had never found any parliament at Westminster more unmanageable than William, during this session, found the parliament at Edinburgh. But it was not in the power of the parliament at Edinburgh to put on William such a pressure as the parliament at Westminster had put on Charles. Arefusal of supplies at Westminster was a serious thing, and left the Sovereign no choice except to yield, or to raise money by unconstitutional means, But a refusal of supplies at Edinburgh reduced him to no such dilemma. The largest sum that he could hope to receive from Scotland in a year was less than what he received from England every fortnight. He had therefore only to entrench himself within the limits of his undoubted prerogative, and there to remain on the defensive, till some favourable conjuncture should arrive.353While these things were passing in the Parliament House, the civil war in the Highlands, having been during a few weeks suspended, broke forth again more violently than before. Since the splendour of the House of Argyle had been eclipsed, no Gaelic chief could vie in power with the Marquess of Athol. The district from which he took his title, and of which he might almost be called the sovereign, was in extent larger than an ordinary county, and was more fertile, more diligently cultivated, and more thickly peopled than the greater part of the Highlands. The men who followed his banner were supposed to be not less numerous than all the Macdonalds and Macleans united, and were, in strength and courage, inferior to no tribe in the mountains. But the clan had been made insignificant by the insignificance of the chief. The Marquess was the falsest, the most fickle, the most pusillanimous, of mankind. Already, in the short space of six months, be had been several times a Jacobite, and several times a Williamite. Both Jacobites and Williamites regarded him with contempt and distrust, which respect for his immense power prevented them from fully expressing. After repeatedly vowing fidelity to both parties, and repeatedly betraying both, he began to think that he should best provide for his safety by abdicating the functions both of a peer and of a chieftain, by absenting himself both from the Parliament House at Edinburgh and from his castle in the mountains, and by quitting the country to which he was bound by every tie of duty and honour at the very crisis of her fate. While all Scotland was waiting with impatience and anxiety to see in which army his numerous retainers would be arrayed, he stole away to England, settled himself at Bath, and pretended to drink the waters.354 His principality, left without a head, was divided against itself. The general leaning of the Athol men was towards King James. For they had been employed by him, only four years before, as the ministers of his vengeance against the House of Argyle. They had garrisoned Inverary: they had ravaged Lorn: they had demolished houses, cut down fruit trees, burned fishing boats, broken millstones, hanged Campbells, and were therefore not likely to be pleased by the prospect of Mac Callum Mores restoration. One word from the Marquess would have sent two thousand claymores to the Jacobite side. But that word he would not speak; and the consequence was, that the conduct of his followers was as irresolute and inconsistent as his own.
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