The History of England in Three Volumes, Vol. I., Part F.: From Charles II. to James II.
David Hume · en
of the nation was raised against this enormous outrage; and after two
months’ free quarter, the highlanders were sent back to their hills,
loaded with the spoils and execrations of the west.
Those who had been engaged to subscribe the bonds, could find no
security but by turning out such tenants as they suspected of an
inclination to conventicles, and thereby depopulating their estates. To
increase the misery of these unhappy farmers, the council enacted, that
none should be received any where, or allowed a habitation, who brought
not a certificate of his conformity from the parish minister. That the
obstinate and refractory might not escape further persecution, a new
device was fallen upon. By the law of Scotland, any man who should go
before a magistrate, and swear that he thought himself in danger from
another, might obtain a writ of law-burrows, as it is called; by which
the latter was bound, under the penalty of imprisonment and outlawry, to
find security for his good behavior. Lauderdale entertained the absurd
notion of making the king sue out writs of law-burrows against his
subjects. On this pretence, the refusers of the bonds were summoned to
appear before the council, and were required to bind themselves,
under the penalty of two years’ rent, neither to frequent conventicles
themselves, nor allow their family and tenants to be present at those
unlawful assemblies. Thus chicanery was joined to tyranny; and
the majesty of the king, instead of being exalted, was in reality
prostituted; as if he were obliged to seek the same security which one
neighbor might require of another.
It was an old law, but seldom executed, that a man who was accused of
any crime, and did not appear in order to stand his trial, might be
intercommuned, that is, he might be publicly outlawed; and whoever
afterwards, either on account of business, relation, nay, charity, had
the least intercourse with him, was subjected to the same penalties
as could by law be inflicted on the criminal himself. Several writs
of intercommuning were now issued against the hearers and preachers in
conventicles; and by this severe and even absurd law, crimes and guilt
went on multiplying in a geometrical proportion. Where laws themselves
are so violent, it is no wonder that an administration should be
tyrannical.