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Revolution Principles, IUS Naturae and IUS Gentium in Early-Enlightenment Scotland: The Contribution of Sir Francis Grant, Lord Cullen (C. 1660–1726)

  • Clare Jackson
Part of the Archives Internationales d’Histoire des Idées / International Archives of the History of Ideas book series (ARCH, volume 186)

Abstract

In the early months of 1689 a tract was published in Edinburgh entitled The Loyalists Reasons. For his giving Obedience, and swearing Allegiance to the Present Government. Its author was Francis Grant, a young and aspiring advocate who had recently returned to Scotland after completing his legal education in the Netherlands. Drawing on the ius gentium tradition developed by the Dutch political theorist, Hugo Grotius, Grant defended William’s title to the Scottish throne on account of his being a rightful conqueror in a just international war. Providing the clearest and most extensive justification of the Williamite Revolution in Scotland, Grant’s treatise has not only been overlooked by historians, but its content also severely undermines historiographical tendencies to denigrate the “poverty of political theory in the Scottish Revolution of 1688–90”.1

Keywords

Eighteenth Century Legal Education Union Debate Glorious Revolution Minute Book 
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References

Unpublished Primary Sources. British Library

  1. Add. MSS 18, 236, “[Sir George Mackenzie of Rosehaugh], A Discourse on the 4 First Chapters of the Digest to Shew the Excellence and Usefullnesse of the Civil Law”.Google Scholar

Edinburgh University Library

  1. La.III.339, “Register of the Resolutions & Proceedings of a Society for the Reformation of Manners [September 1700-December 1707]”.Google Scholar

National Archives of Scotland

  1. GD 248/49/2/57, “Sir Archibald Grant of Monymusk to ?, 7 March 1764”.Google Scholar
  2. GD 345/789, “Some Account of the Life and Character of Sir Francis Grant of Cullen Bart., one of the Judges of the Court of Session in North Brittain [sic], Proposed to be Inserted in Biographia Britannica [c. 1747]”.Google Scholar
  3. GD 345/799/1, “Advice to my Son &c. [n.d.]”.Google Scholar
  4. GD 345/952, “Observations upon the ... 19th Act of the Union &c [n.d.]”.Google Scholar
  5. GD 345/1138/1/20, “Archibald Grant to Sir Francis Grant, 28 March 1720”.Google Scholar
  6. GD 345/1138/1/55, “William Grant to Sir Francis Grant, 31 March 1720”.Google Scholar
  7. GD 345/1477, “Notebook of religious reflections [n.d.]”.Google Scholar
  8. GD 406/M9/200/10, “A Memorial discussing past relations between the Scots Parliament and England, &c. [c. 1689]”.Google Scholar
  9. JC 3/7, “High Court of Justiciary Records Books of Adjournal”.Google Scholar
  10. JC 10/4, “Circuit Court Minute Book. Witchcraft Trials ... Renfrew, Paisley and Glasgow March 1697 – April 1699”.Google Scholar

National Library of Scotland

  1. MS. 821, ff. 142–4, “Sir Francis Grant to Mr. [James] Kirkwood, [29 October 1707]”.Google Scholar
  2. MS. Acc. 9800, “Day Book of an Edinburgh publisher [n.d.]”.Google Scholar

Printed Primary Sources

  1. Airy, O. ed., The Lauderdale Papers. 3 vols., London, 1884–5.Google Scholar
  2. Album Studiosorum Academiae Batavae MDLXXV-MDCCCLXXV. The Hague, 1875.Google Scholar
  3. Anderson, P. J. (ed.), Roll of Alumni in Arts in the University and King’s College of Aberdeen 1596–1860. Aberdeen, 1900.Google Scholar
  4. Biographia Britannia: Or, The Lives of the Most eminent Persons who have flourished in Great Britain and Ireland. From the earliest Ages, down to the present Times &c. 8 vols., London, 1760.Google Scholar
  5. [Blount, C.], Proceedings of the Present Parliament Justified by the Opinion of the most Judicious and Learned Hugo Grotius. Edinburgh, 1689.Google Scholar
  6. [Bohun, E.], The History of the Desertion: or, An Account of All the Publick Affairs in England from the Beginning of September 1688 to the Twelfth of February Following. London, 1689.Google Scholar
  7. Canaries, J., A Sermon Preached in Edinburgh, in the East-Church of St. Giles, upon the 30th January, 1689 &c. Edinburgh, 1689.Google Scholar
  8. Catalogue of the Library of the Faculty of Advocates, Edinburgh, Part the First. Edinburgh, 1742.Google Scholar
  9. Craig, T., The Jus Feudale of Sir Thomas Craig of Riccarton, with an Appendix concerning the Book of the Feus. Clyde, J. (ed.), 2 vols., Edinburgh, 1934.Google Scholar
  10. Dalrymple, J., (Viscount Stair), The Institutions of the Law of Scotland, deduced from its Originals, and Collected with the Civil, Canon, and Feudal-Laws; and with the Customs of Neighbouring Nations. Edinburgh, 1681.Google Scholar
  11. [Defoe, D.], A Fourth Essay, at Removing National Prejudices, with some Reply to Mr. H—dges, and some other Authors. [Edinburgh], 1706.Google Scholar
  12. Edinburgh Gazette, The. No. 36 (26–29 June 1699).Google Scholar
  13. Glanvill, J., Saducismus Triumphatus, or Full and Plain Evidence concerning Witches and Apparitions. London, 1681.Google Scholar
  14. [Grant], F., The Loyalists Reasons. For his giving Obedience and swearing Allegiance to the present Government ... By F: G: Gent. Edinburgh, 1689.Google Scholar
  15. [Grant, F.], Saducismus Debellatus, Or, A True Narrative of the Sorceries and Witchcrafts Exercis’d By the Devil and his Instruments upon Mrs. Christian Shaw, Daughter of Mr. John Shaw, of Bargarran in the Country of Renfrew in the West of Scotland, from Aug. 1696 to Apr. 1697. London, 1698.Google Scholar
  16. [Grant, F.], A Discourse Concerning the Execution of the Laws, made against Prophaneness, &c. Edinburgh, 1700.Google Scholar
  17. [Grant, F.], An Essay for Peace by Union in Judgement about Church-Government in Scotland. In a Letter from * * * * * * to his Neighbour in the Country. Edinburgh, 1703.Google Scholar
  18. [Grant, F.], A Letter to a Friend Containing some Modest Reflections on the Essay for Peace, the Answer and Reply. Edinburgh, 1703.Google Scholar
  19. [Grant, F.], Reasons In Defence of the Standing Laws About the Right of Presentation in Patronages. Edinburgh, 1703.Google Scholar
  20. [Grant, F.], The Patriot Resolved in a Letter. To an Addresser, from his friend; of the same Sentiments with himself; concerning the Union. [Edinburgh], 1707.Google Scholar
  21. [Grant, Sir F.], Law, Religion and Education, Considered in three Essays: With Respect to the Youth; who study Law: As a principal Profession, or accessory Accomplishment. Edinburgh, 1715.Google Scholar
  22. [Grant, Sir F.], A Key to the Plot, By Reflections on the Rebellion … In a Letter from a Countryman in Scotland, to a Courtier in London. London, 1716.Google Scholar
  23. [Grant, F.], The British Fishery Recommended to Parliament. London, 1734.Google Scholar
  24. [Grant, W.], Two Essays on the Ballance of Europe: the first written in French by the late Archbishop of Cambray, and translated into English: the second by the Translator of the first Essay. London, 1720.Google Scholar
  25. [Grant, W.], (pseudonym “ Britannicus”), The Occasional Writer; Containing, an Answer to the Second Manifesto of the Pretender … Containing Reflections, Political and Historical, upon the last Revolution and the Progress of the Present Revellion in Scotland. London, 1745.Google Scholar
  26. Hamilton, H. (ed.), Selections from the Monymusk Papers 1713–1755. Edinburgh, 1945.Google Scholar
  27. [Honyman, A.], A Survey of that Insolent and Infamous Libel, entitled Naphtali, &c. Wherein several things, falling in debate in these times are considered; and some Doctrines in Lex Rex and the Apolog. Narration … are brought to the touchstone. Part I. [Edinburgh], 1668.Google Scholar
  28. James VI and I, “A Speach in the Starre-Chamber, the XX of June, Anno 1619.” In Political Writings. edited by J. Sommerville. Cambridge, 1994.Google Scholar
  29. Locke, J., Two Treatises of Government. Edited by P. Laslett. Cambridge, 1988.CrossRefGoogle Scholar
  30. Mackenzie, G., Religio Stoici. Edinburgh, 1663.Google Scholar
  31. Mackenzie, Sir G., Jus Regium; Or, The Just and Solid Foundations of Monarchy in General, and more especially of the Monarchy of Scotland: Maintain’d against Buchannan [sic], Napthali, Dolman, Milton &c. London, 1684.Google Scholar
  32. Mackenzie, Sir G., Observations on the Acts of Parliament . . . [with] Parallel Citations from the Civil, Canon, Feudal and Municipal Laws of other Nations. Edinburgh, 1686.Google Scholar
  33. Mackenzie, Sir G., The Works of that Eminent and Learned Lawyer, Sir George Mackenzie of Rosehaugh. 2 vols., Edinburgh, 1716–22.Google Scholar
  34. Melville, W. ed., Letters and State Papers chiefly addressed to George, Earl of Melville, Secretary of State for Scotland 1689–91. Edinburgh, 1843.Google Scholar
  35. Pinkerton, J. (ed.), The Minute Book of the Faculty of Advocates. Volume]: 1661–1712. Edinburgh, 1976.Google Scholar
  36. Pinkerton, J. (ed.), The Minute Book of the Faculty of Advocates. Volume 2: 1713–1750. Edinburgh, 1980.Google Scholar
  37. Pufendorf, S., On the Duty of Man and Citizen. Edited by J. Tully. Cambridge, 1991.Google Scholar
  38. Scott, W., Hugonis Grotii de jure Belli ac Pacis Librorum III compendium. Annotationibus & commentariis selectis illustratum. In Usum Studiosce Juventus Academiœ Edinensis. Edinburgh, 1707.Google Scholar
  39. Thomson, T. and Innes C. (eds.), The Acts of the Parliament of Scotland. 12 vols., Edinburgh, 1814–75.Google Scholar
  40. Webster, J., A Discourse Demonstrating that the Government of the Church which is of Divine Right is Fixed and not Ambulatory. Edinburgh, 1704.Google Scholar
  41. Webster, J., Sacramental Sermons and Discourses on the Lords Table. Edinburgh, 1705.Google Scholar
  42. Wodrow, R., Analecta: Or Materials for a History of Remarkable Providences: Mostly Relating to the Scotch Ministers and Christians. 4 vols., Glasgow, 1842–3.Google Scholar
  43. [Wylie, R.], The Funeral of Prelacy, Or the Modern Prelates Claim to the Office of an Apostle or Evangelist discust;... [with] a few Reflections on the Essay for Peace by Union in Judgement about Church Government, also lately published. [Edinburgh], 1704.Google Scholar

Unpublished Secondary Sources

  1. Cairns, J., “Improving our Lawyers through the Study of Natural Law: The Chair of Public Law and the Law of Nature and Nations in Edinburgh” (unpublished paper).Google Scholar
  2. Shepherd, C., “Philosophy and Science in the Arts Curriculum of the Scottish Universities in the 17th century”, University of Edinburgh unpublished Ph.D. dissertation, 1974.Google Scholar

Printed Secondary Sources

  1. Anderson, M., “Eighteenth-century Theories of the Balance of Power”. In Studies in Diplomatic History. Essays in Memory of David Bayne Horn. Edited by R Hatton and M. Anderson, London, 1970, 183–98.Google Scholar
  2. Armitage, D., “The Scottish Vision of Empire: Intellectual Origins of the Darien Venture”. In A Union for Empire. Political Thought and the Union of 1707. Edited by J. Robertson, Cambridge, 1995, 97–118.Google Scholar
  3. Bedwell, C. “Scottish Middle Templars 1604–1869”. Scottish Historical Review. 17 (1920): 100–17.Google Scholar
  4. Bostridge, I., Witchcraft and its Transformations c.1650 – c.1750. Oxford, 1997.CrossRefGoogle Scholar
  5. Bruce, S., and S. Yearley, “The Social Construction of Tradition: The Restoration Portraits and the Kings of Scotland”. In The Making of Scotland: Nation, Culture and Social Change. Edited by D. McCrone, S. Kendrick, and P. Straw, Edinburgh, 1989, 175–87.Google Scholar
  6. Burch, C., “Defoe and the Edinburgh Society for the Refomation of Manners”. Review of English Studies 16 (1940): 306–12.CrossRefGoogle Scholar
  7. Cairns, J., “The Formation of the Scottish Legal Mind in the Eighteenth Century: Themes of Humanism and Enlightenment in the Admission of Advocates.” In The Legal Mind. Essays for Tony Honoré. Edited by N. MacCormick, and P. Birks, Oxford, 1986, 253–77.Google Scholar
  8. Cairns, J., “John Spotswood, Professor of Law: A Preliminary Sketch”. In Stair Society Miscellany III. Edited by W. Gordon, Edinburgh, 1992, 131–59.Google Scholar
  9. Cairns, J., “Hamesucken and the Major Premiss in the Libel, 1672–1770: Criminal Law in the Age of Enlightenment”. In Justice and Crime. Essays in Honour of the Right Honourable the Lord Emslie. Edited by R. Hunter, Edinburgh, 1993, 138–79.Google Scholar
  10. Cairns, J., “The Origins of the Glasgow Law School: the Professors of Civil Law 1714–94”. In: P. Birks (ed.), The Life of the Law. London, 1993, 151–94.Google Scholar
  11. Cairns, J., “Lawyers, Law Professors and Localities: The Universities of Aberdeen 1680–1750”. Northern Ireland Legal Quarterly 46 (1995): 304–31.Google Scholar
  12. Cairns, J., “Scots law, Scottish lawyers and the status of the Union”. In A Union for Empire. Political Thought and the Union of 1707. Edited by J. Robertson, Cambridge, 1995, 243–68.Google Scholar
  13. Cairns, J., “Importing our Lawyers from Holland: Netherlands Influences on Scots Law and Lawyers in the Eighteenth Century”. In Scotland and the Low Countries 1124–1994. Edited by G. Simpson, 136–53. East Linton, 1996.Google Scholar
  14. Cairns, J., “The Civil Law Tradition in Scottish Legal Thought”. In The Civilian Tradition and Scots Law. Aberdeen Quincentenary Essays. Edited by D. Carey Miller, and R. Zimmermann. Berlin, 1997, 191–223.Google Scholar
  15. Carty, A., “The Law of Nature and Nations as a Source.” In Stair Tercentenary Studies. Edited by D. Walker, Edinburgh, 1981, 127–36.Google Scholar
  16. Cowan, I., “The Reluctant Revolutionaries: Scotland in 1688”. In By Force or by Default? The Revolution of 1688–89. Edited by E. Cruickshanks, Edinburgh, 1989, 65–81.Google Scholar
  17. Cowan, I., “Church and State Reformed? The Revolution of 1688–9 in Scotland”. In The Anglo-Dutch Moment. Essays on the Glorious Revolution and its World Impact. Edited by J. Israel, Cambridge, 1991, 163–83.Google Scholar
  18. Dickey, L., “Power, Commerce and Natural Law in Daniel Defoe’s Political Writings 1698–1707”. In A Union for Empire. Political Thought and the Union of 1707. Edited by J. Robertson, Cambridge, 1995, 63–96.Google Scholar
  19. Emerson, R., “Science and Moral Philosophy in the Scottish Enlightenment”. In Studies in the Philosophy of the Scottish Enlightenment. Edited by M. Stewart, Oxford, 1990, 11–36.Google Scholar
  20. Emerson, R., Professors, Patronage and Politics: The Aberdeen Universities in the Eighteenth Century, Aberdeen, 1992.Google Scholar
  21. Feenstra, R. and C. Vaal, Seventeenth Century Leiden Law Professors and their Influence on the Development of the Civil Law: A Study of Bronschurst, Vinnius and Voet, Amsterdam, 1975.Google Scholar
  22. Feenstra, R., “Scottish-Dutch Legal Relations in the Seventeenth and Eighteenth Centuries”. In Legal Scholarship and Doctrines of Private Law, 13–18th Centuries. Edited by R. Feenstra, Aldershot, 1996, 25–45.Google Scholar
  23. Finlayson, C., “Edinburgh University and the Darien Scheme”. Scottish Historical Review 34 (1955): 97–102.Google Scholar
  24. Goldie, M., “Edmund Bohun and Jus Gentium in the Revolution debate 1689–1693”. Historical Journal 20 (1977): 569–86.CrossRefGoogle Scholar
  25. Goldie, M., “The Revolution of 1689 and the Structure of Political Argument. An Essay and an Annotated Bibliography of Pamphlets on the Allegiance Controversy”. Bulletin of Research in the Humanities 83 (1980): 473–654.Google Scholar
  26. Gordon, W., “Stair, Grotius and the Sources of Stairs Institutions”. In Satura Roberto Feenstra oblata. Edited by J. Ankum, J. Spruit, and F. Wubbe, Fribourg, 1985, 571–83.Google Scholar
  27. Haakonssen, K., “Natural Law and Moral Realism”. In Studies in the Philosophy of the Scottish Enlightenment. Edited by M. Stewart, Oxford, 1990, 61–85.Google Scholar
  28. Haakonssen, K., Natural Law and Moral Philosophy from Grotius to the Scottish Enlightenment. Cambridge, 1996.CrossRefGoogle Scholar
  29. Halkett, S. and J. Laing, Dictionary of Anonymous and Pseudonymous Literature. 9 vols., London, 1926–62.Google Scholar
  30. Harris, B., “Patriotic Commerce and National Revival: The Free British Fishery Society and British Politics, c. 1749–58”. English Historical Review 114 (1999): 285–313.CrossRefGoogle Scholar
  31. Harris, B., “Scotland’s Herring Fisheries and the Prosperity of the Nation, c. 1660–1760”. Scottish Historical Review 79 (2000): 39–60.CrossRefGoogle Scholar
  32. Harris, T., “Reluctant Revolutionaries? The Scots and the Revolution of 1688–90”. In Politics and the Political Imagination in Later Stuart Britain. Edited by H. Nenner. Rochester, NY, 1997, 97–117.Google Scholar
  33. Harris, T., “The People, the Law and the Constitution in Scotland and England: A Comparative Approach to the Glorious Revolution”. Journal of British Studies 38 (1999): 25–58.CrossRefGoogle Scholar
  34. Hillyard, B., “The Formation of the Library, 1628–1728”. In For the Encouragement of Learning: Scotland’s National Library 1689–1989. Edited by A. Matheson, and P. Cadell, Edinburgh, 1989, 23–66.Google Scholar
  35. Hochstrasser, T., “The Claims of Conscience: Natural Law Theory, Obligation and Resistance in the Huguenot Diaspora”. In New Essays on the Political Thought of the Huguenots of the Refuge. Edited by J. Laursen, Leiden, 1995, 15–51.Google Scholar
  36. Kelly, W., The Library of Lord George Douglas (ca. 1667/8?-1693?: an early donation to the Advocates Library. Cambridge, 1997.Google Scholar
  37. Kenyon, J., Revolution Principles: The Politics of Party 1689–1720. 2nd edition, Cambridge, 1990.Google Scholar
  38. Kidd, C., “Religious Realignment between the Restoration and the Union”. In A Union for Empire. Political Thought and the Union of 1707. Edited by J. Robertson, Cambridge, 1995, 145–68.Google Scholar
  39. Moore, J., and M. Silverthorne, “Gerschom Carmichael and the natural jurisprudence tradition in eighteenthcentury Scotland”. In Wealth and Virtue. The Shaping of Political Economy in the Scottish Enlightenment, I. Hont, and M. Ignatieff, Cambridge, 1983, 73–87.CrossRefGoogle Scholar
  40. Moore, J., and M. Silverthorne, “Protestant Theologies, Limited Sovereignties: Natural Law and Conditions of Union in the German Empire, the Netherlands and Great Britain”. In A Union for Empire. Political Thought and the Union of 1707. Edited by J. Robertson, Cambridge, 1995, 171–97.Google Scholar
  41. Lenman, B., “The poverty of political theory in the Scottish Revolution of 1688”. In Changing Perspectives on the Revolution of 1688–89. Edited by L. Schwoerer, Cambridge, 1992, 244–59.Google Scholar
  42. Nève, P., “Disputations of Scots Students attending Universities in the Northern Netherlands”. In Legal History in the Making. Edited by W. Gordon, and T. Fergus, London, 1991, 95–108.Google Scholar
  43. Omond, G., The Lord Advocates of Scotland from the close of the fifteenth century to the passing of the Reform Bill. 2 vols., Edinburgh, 1883.Google Scholar
  44. Penovich, K., “From ‘Revolution Principles’ to Union: Daniel Defoe’s Intervention in the Scottish Debate”. In A Union for Empire. Political Thought and the Union of 1707. Edited by J. Robertson, Cambridge, 1995, 228–42.Google Scholar
  45. Pincus, S., “The English Debate over Universal Monarchy”. In A Union for Empire. Political Thought and the Union of 1707. Edited by J. Robertson, Cambridge, 1995, 37–62.Google Scholar
  46. Robertson, J., “An elusive sovereignty: The course of the Union debate in Scotland 1698–1707”. In A Union for Empire. Political Thought and the Union of 1707. Edited by J. Robertson, Cambridge, 1995, 198–227.Google Scholar
  47. Seidler, M., “‘Turkish Judgement’ and the English Revolution: Pufendorf on the Right of Resistance”. In Samuel Pufendorf und die europäische Frühaufklärung. Edited by F. Palladini, and G. Hartung, Berlin, 1996, 83–104.Google Scholar
  48. Spitz, J., “La theorie du double contrat chez Grotius et chez Pufendorf”. In Des theories du droit naturel. Edited by S. Goyard-Fabre, Caen, 1988, 74–99.Google Scholar
  49. Stark, J., The First of the Monymusk Grants. Aberdeen, 1912.Google Scholar
  50. Stein, P., “From Pufendorf to Adam Smith: The Natural Law Tradition in Scotland”. In The Character and Influence of Roman Civil Law: Historical Essays. London, 1985, 381–95.Google Scholar
  51. Van Strien, K. and M. Ahsmann, “Scottish Law Students in Leiden at the end of the Seventeenth Century. The Correspondence of John Clerk 1694–1697”. Lias. Sources and Documents Relating to the Early Modern History of Ideas 19 (1992): 271–330Google Scholar
  52. Van Strien, K. and M. Ahsmann, “Scottish Law Students in Leiden at the end of the Seventeenth Century. The Correspondence of John Clerk 1694–1697”. Lias. Sources and Documents Relating to the Early Modern History of Ideas 30 (1993): 1–65.Google Scholar

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  • Clare Jackson

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