His wife, a woman of great ability, art, and spirit, was popularly nicknamed the Witch of Endor. It was gravely said that she had cast fearful spells on those whom she hated, and that she had been seen in the likeness of a cat seated on the cloth of state by the side of the Lord High Commissioner. The man, however, over whose roof so many curses appeared to hang did not, as far as we can now judge, fall short of that very low standard of morality which was generally attained by politicians of his age and nation. In force of mind and extent of knowledge he was superior to them all. In his youth he had borne arms: he had then been a professor of philosophy: he had then studied law, and had become, by general acknowledgment, the greatest jurist that his country had produced. In the days of the Protectorate, he had been a judge. After the Restoration, he had made his peace with the royal family, had sate in the Privy Council, and had presided with unrivalled ability in the Court of Session. He had doubtless borne a share in many unjustifiable acts; but there were limits which he never passed. He had a wonderful power of giving to any proposition which it suited him to maintain a plausible aspect of legality and even of justice; and this power he frequently abused. But he was not, like many of those among whom be lived, impudently and unscrupulously servile. Shame or conscience generally restrained him from committing any bad action for which his rare ingenuity could not frame a specious defence; and he was seldom in his place at the council board when any thing outrageously unjust or cruel was to be done. His moderation at length gave offence to the Court. He was deprived of his high office, and found himself in so disagreeable a situation that he retired to Holland. There he employed himself in correcting the great work on jurisprudence which has preserved his memory fresh down to our own time. In his banishment he tried to gain the favour of his fellow exiles, who naturally regarded him with suspicion. He protested, and perhaps with truth, that his hands were pure from the blood of the persecuted Covenanters. He made a high profession of religion, prayed much, and observed weekly days of fasting and humiliation. He even consented, after much hesitation, to assist with his advice and his credit the unfortunate enterprise of Argyle. When that enterprise had failed, a prosecution was instituted at Edinburgh against Dalrymple; and his estates would doubtless have been confiscated had they not been saved by an artifice which subsequently became common among the politicians of Scotland. His eldest son and heir apparent, John, took the side of the government, supported the dispensing power, declared against the Test, and accepted the place of Lord Advocate, when Sir George Mackenzie, after holding out through ten years of foul drudgery, at length showed signs of flagging. The services of the younger Dalrymple were rewarded by a remission of the forfeiture which the offences of the elder had incurred. Those services indeed were not to be despised. For Sir John, though inferior to his father in depth and extent of legal learning, was no common man. His knowledge was great and various: his parts were quick; and his eloquence was singularly ready and graceful. To sanctity he made no pretensions. Indeed Episcopalians and Presbyterians agreed in regarding him as little better than an atheist. During some months Sir John at Edinburgh affected to condemn the disloyalty of his unhappy parent Sir James; and Sir James at Leyden told his Puritan friends how deeply he lamented the wicked compliances of his unhappy child Sir John.
The Revolution came, and brought a large increase of wealth and honours to the House of Stair. The son promptly changed sides, and cooperated ably and zealously with the father. Sir James established himself in London for the purpose of giving advice to William on Scotch affairs. Sir John's post was in the Parliament House at Edinburgh. He was not likely to find any equal among the debaters there, and was prepared to exert all his powers against the dynasty which he had lately served.279By the large party which was zealous for the Calvinistic church government John Dalrymple was regarded with incurable distrust and dislike. It was therefore necessary that another agent should be employed to manage that party. Such an agent was George Melville, Lord Melville, a nobleman connected by affinity with the unfortunate Monmouth, and with that Leslie who had unsuccessfully commanded the Scotch army against Cromwell at Dunbar. Melville had always been accounted a Whig and a Presbyterian. Those who speak of him most favourably have not ventured to ascribe to him eminent intellectual endowments or exalted public spirit. But he appears from his letters to have been by no means deficient in that homely prudence the want of which has often been fatal to men of brighter genius and of purer virtue. That prudence had restrained him from going very far in opposition to the tyranny of the Stuarts: but he had listened while his friends talked about resistance, and therefore, when the Rye House plot was discovered, thought it expedient to retire to the Continent. In his absence he was accused of treason, and was convicted on evidence which would not have satisfied any impartial tribunal. He was condemned to death: his honours and lands were declared forfeit: his arms were torn with contumely out of the Heralds' book; and his domains swelled the estate of the cruel and rapacious Perth. The fugitive meanwhile, with characteristic wariness, lived quietly on the Continent, and discountenanced the unhappy projects of his kinsman Monmouth, but cordially approved of the enterprise of the Prince of Orange.