Add files from ibiblio as of 2025-03-08 18:47:06HEADmain

8 files changed, 5 insertions, 10685 deletions

diff --git a/40931-0.txt b/40931-0.txt
index fa30ec1..23ba218 100644
--- a/40931-0.txt
+++ b/40931-0.txt
@@ -1,36 +1,4 @@
-The Project Gutenberg EBook of The Early History of the Scottish Union
-Question, by George W. T. Omond
-
-This eBook is for the use of anyone anywhere at no cost and with
-almost no restrictions whatsoever.  You may copy it, give it away or
-re-use it under the terms of the Project Gutenberg License included
-with this eBook or online at www.gutenberg.org
-
-
-Title: The Early History of the Scottish Union Question
-       Bi-Centenary Edition
-
-Author: George W. T. Omond
-
-Release Date: October 4, 2012 [EBook #40931]
-
-Language: English
-
-Character set encoding: UTF-8
-
-*** START OF THIS PROJECT GUTENBERG EBOOK EARLY HISTORY SCOTTISH UNION QUESTION ***
-
-
-
-
-Produced by Rosanna Murphy, sp1nd and the Online Distributed
-Proofreading Team at http://www.pgdp.net (This file was
-produced from images generously made available by The
-Internet Archive)
-
-
-
-
+*** START OF THE PROJECT GUTENBERG EBOOK 40931 ***
 
 Transcriber’s Note: Italic text is denoted by _underscores_.
 
@@ -4577,361 +4545,4 @@ inconsistencies have been retained, except as follows:
 End of the Project Gutenberg EBook of The Early History of the Scottish
 Union Question, by George W. T. Omond
 
-*** END OF THIS PROJECT GUTENBERG EBOOK EARLY HISTORY SCOTTISH UNION QUESTION ***
-
-***** This file should be named 40931-0.txt or 40931-0.zip *****
-This and all associated files of various formats will be found in:
-        http://www.gutenberg.org/4/0/9/3/40931/
-
-Produced by Rosanna Murphy, sp1nd and the Online Distributed
-Proofreading Team at http://www.pgdp.net (This file was
-produced from images generously made available by The
-Internet Archive)
-
-
-Updated editions will replace the previous one--the old editions
-will be renamed.
-
-Creating the works from public domain print editions means that no
-one owns a United States copyright in these works, so the Foundation
-(and you!) can copy and distribute it in the United States without
-permission and without paying copyright royalties.  Special rules,
-set forth in the General Terms of Use part of this license, apply to
-copying and distributing Project Gutenberg-tm electronic works to
-protect the PROJECT GUTENBERG-tm concept and trademark.  Project
-Gutenberg is a registered trademark, and may not be used if you
-charge for the eBooks, unless you receive specific permission.  If you
-do not charge anything for copies of this eBook, complying with the
-rules is very easy.  You may use this eBook for nearly any purpose
-such as creation of derivative works, reports, performances and
-research.  They may be modified and printed and given away--you may do
-practically ANYTHING with public domain eBooks.  Redistribution is
-subject to the trademark license, especially commercial
-redistribution.
-
-
-
-*** START: FULL LICENSE ***
-
-THE FULL PROJECT GUTENBERG LICENSE
-PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
-
-To protect the Project Gutenberg-tm mission of promoting the free
-distribution of electronic works, by using or distributing this work
-(or any other work associated in any way with the phrase "Project
-Gutenberg"), you agree to comply with all the terms of the Full Project
-Gutenberg-tm License available with this file or online at
-  www.gutenberg.org/license.
-
-
-Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
-electronic works
-
-1.A.  By reading or using any part of this Project Gutenberg-tm
-electronic work, you indicate that you have read, understand, agree to
-and accept all the terms of this license and intellectual property
-(trademark/copyright) agreement.  If you do not agree to abide by all
-the terms of this agreement, you must cease using and return or destroy
-all copies of Project Gutenberg-tm electronic works in your possession.
-If you paid a fee for obtaining a copy of or access to a Project
-Gutenberg-tm electronic work and you do not agree to be bound by the
-terms of this agreement, you may obtain a refund from the person or
-entity to whom you paid the fee as set forth in paragraph 1.E.8.
-
-1.B.  "Project Gutenberg" is a registered trademark.  It may only be
-used on or associated in any way with an electronic work by people who
-agree to be bound by the terms of this agreement.  There are a few
-things that you can do with most Project Gutenberg-tm electronic works
-even without complying with the full terms of this agreement.  See
-paragraph 1.C below.  There are a lot of things you can do with Project
-Gutenberg-tm electronic works if you follow the terms of this agreement
-and help preserve free future access to Project Gutenberg-tm electronic
-works.  See paragraph 1.E below.
-
-1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
-or PGLAF), owns a compilation copyright in the collection of Project
-Gutenberg-tm electronic works.  Nearly all the individual works in the
-collection are in the public domain in the United States.  If an
-individual work is in the public domain in the United States and you are
-located in the United States, we do not claim a right to prevent you from
-copying, distributing, performing, displaying or creating derivative
-works based on the work as long as all references to Project Gutenberg
-are removed.  Of course, we hope that you will support the Project
-Gutenberg-tm mission of promoting free access to electronic works by
-freely sharing Project Gutenberg-tm works in compliance with the terms of
-this agreement for keeping the Project Gutenberg-tm name associated with
-the work.  You can easily comply with the terms of this agreement by
-keeping this work in the same format with its attached full Project
-Gutenberg-tm License when you share it without charge with others.
-
-1.D.  The copyright laws of the place where you are located also govern
-what you can do with this work.  Copyright laws in most countries are in
-a constant state of change.  If you are outside the United States, check
-the laws of your country in addition to the terms of this agreement
-before downloading, copying, displaying, performing, distributing or
-creating derivative works based on this work or any other Project
-Gutenberg-tm work.  The Foundation makes no representations concerning
-the copyright status of any work in any country outside the United
-States.
-
-1.E.  Unless you have removed all references to Project Gutenberg:
-
-1.E.1.  The following sentence, with active links to, or other immediate
-access to, the full Project Gutenberg-tm License must appear prominently
-whenever any copy of a Project Gutenberg-tm work (any work on which the
-phrase "Project Gutenberg" appears, or with which the phrase "Project
-Gutenberg" is associated) is accessed, displayed, performed, viewed,
-copied or distributed:
-
-This eBook is for the use of anyone anywhere at no cost and with
-almost no restrictions whatsoever.  You may copy it, give it away or
-re-use it under the terms of the Project Gutenberg License included
-with this eBook or online at www.gutenberg.org
-
-1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
-from the public domain (does not contain a notice indicating that it is
-posted with permission of the copyright holder), the work can be copied
-and distributed to anyone in the United States without paying any fees
-or charges.  If you are redistributing or providing access to a work
-with the phrase "Project Gutenberg" associated with or appearing on the
-work, you must comply either with the requirements of paragraphs 1.E.1
-through 1.E.7 or obtain permission for the use of the work and the
-Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
-1.E.9.
-
-1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
-with the permission of the copyright holder, your use and distribution
-must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
-terms imposed by the copyright holder.  Additional terms will be linked
-to the Project Gutenberg-tm License for all works posted with the
-permission of the copyright holder found at the beginning of this work.
-
-1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
-License terms from this work, or any files containing a part of this
-work or any other work associated with Project Gutenberg-tm.
-
-1.E.5.  Do not copy, display, perform, distribute or redistribute this
-electronic work, or any part of this electronic work, without
-prominently displaying the sentence set forth in paragraph 1.E.1 with
-active links or immediate access to the full terms of the Project
-Gutenberg-tm License.
-
-1.E.6.  You may convert to and distribute this work in any binary,
-compressed, marked up, nonproprietary or proprietary form, including any
-word processing or hypertext form.  However, if you provide access to or
-distribute copies of a Project Gutenberg-tm work in a format other than
-"Plain Vanilla ASCII" or other format used in the official version
-posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
-you must, at no additional cost, fee or expense to the user, provide a
-copy, a means of exporting a copy, or a means of obtaining a copy upon
-request, of the work in its original "Plain Vanilla ASCII" or other
-form.  Any alternate format must include the full Project Gutenberg-tm
-License as specified in paragraph 1.E.1.
-
-1.E.7.  Do not charge a fee for access to, viewing, displaying,
-performing, copying or distributing any Project Gutenberg-tm works
-unless you comply with paragraph 1.E.8 or 1.E.9.
-
-1.E.8.  You may charge a reasonable fee for copies of or providing
-access to or distributing Project Gutenberg-tm electronic works provided
-that
-
-- You pay a royalty fee of 20% of the gross profits you derive from
-     the use of Project Gutenberg-tm works calculated using the method
-     you already use to calculate your applicable taxes.  The fee is
-     owed to the owner of the Project Gutenberg-tm trademark, but he
-     has agreed to donate royalties under this paragraph to the
-     Project Gutenberg Literary Archive Foundation.  Royalty payments
-     must be paid within 60 days following each date on which you
-     prepare (or are legally required to prepare) your periodic tax
-     returns.  Royalty payments should be clearly marked as such and
-     sent to the Project Gutenberg Literary Archive Foundation at the
-     address specified in Section 4, "Information about donations to
-     the Project Gutenberg Literary Archive Foundation."
-
-- You provide a full refund of any money paid by a user who notifies
-     you in writing (or by e-mail) within 30 days of receipt that s/he
-     does not agree to the terms of the full Project Gutenberg-tm
-     License.  You must require such a user to return or
-     destroy all copies of the works possessed in a physical medium
-     and discontinue all use of and all access to other copies of
-     Project Gutenberg-tm works.
-
-- You provide, in accordance with paragraph 1.F.3, a full refund of any
-     money paid for a work or a replacement copy, if a defect in the
-     electronic work is discovered and reported to you within 90 days
-     of receipt of the work.
-
-- You comply with all other terms of this agreement for free
-     distribution of Project Gutenberg-tm works.
-
-1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
-electronic work or group of works on different terms than are set
-forth in this agreement, you must obtain permission in writing from
-both the Project Gutenberg Literary Archive Foundation and Michael
-Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
-Foundation as set forth in Section 3 below.
-
-1.F.
-
-1.F.1.  Project Gutenberg volunteers and employees expend considerable
-effort to identify, do copyright research on, transcribe and proofread
-public domain works in creating the Project Gutenberg-tm
-collection.  Despite these efforts, Project Gutenberg-tm electronic
-works, and the medium on which they may be stored, may contain
-"Defects," such as, but not limited to, incomplete, inaccurate or
-corrupt data, transcription errors, a copyright or other intellectual
-property infringement, a defective or damaged disk or other medium, a
-computer virus, or computer codes that damage or cannot be read by
-your equipment.
-
-1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
-of Replacement or Refund" described in paragraph 1.F.3, the Project
-Gutenberg Literary Archive Foundation, the owner of the Project
-Gutenberg-tm trademark, and any other party distributing a Project
-Gutenberg-tm electronic work under this agreement, disclaim all
-liability to you for damages, costs and expenses, including legal
-fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
-LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
-PROVIDED IN PARAGRAPH 1.F.3.  YOU AGREE THAT THE FOUNDATION, THE
-TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
-LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
-INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
-DAMAGE.
-
-1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
-defect in this electronic work within 90 days of receiving it, you can
-receive a refund of the money (if any) you paid for it by sending a
-written explanation to the person you received the work from.  If you
-received the work on a physical medium, you must return the medium with
-your written explanation.  The person or entity that provided you with
-the defective work may elect to provide a replacement copy in lieu of a
-refund.  If you received the work electronically, the person or entity
-providing it to you may choose to give you a second opportunity to
-receive the work electronically in lieu of a refund.  If the second copy
-is also defective, you may demand a refund in writing without further
-opportunities to fix the problem.
-
-1.F.4.  Except for the limited right of replacement or refund set forth
-in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO OTHER
-WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
-WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
-
-1.F.5.  Some states do not allow disclaimers of certain implied
-warranties or the exclusion or limitation of certain types of damages.
-If any disclaimer or limitation set forth in this agreement violates the
-law of the state applicable to this agreement, the agreement shall be
-interpreted to make the maximum disclaimer or limitation permitted by
-the applicable state law.  The invalidity or unenforceability of any
-provision of this agreement shall not void the remaining provisions.
-
-1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
-trademark owner, any agent or employee of the Foundation, anyone
-providing copies of Project Gutenberg-tm electronic works in accordance
-with this agreement, and any volunteers associated with the production,
-promotion and distribution of Project Gutenberg-tm electronic works,
-harmless from all liability, costs and expenses, including legal fees,
-that arise directly or indirectly from any of the following which you do
-or cause to occur: (a) distribution of this or any Project Gutenberg-tm
-work, (b) alteration, modification, or additions or deletions to any
-Project Gutenberg-tm work, and (c) any Defect you cause.
-
-
-Section  2.  Information about the Mission of Project Gutenberg-tm
-
-Project Gutenberg-tm is synonymous with the free distribution of
-electronic works in formats readable by the widest variety of computers
-including obsolete, old, middle-aged and new computers.  It exists
-because of the efforts of hundreds of volunteers and donations from
-people in all walks of life.
-
-Volunteers and financial support to provide volunteers with the
-assistance they need are critical to reaching Project Gutenberg-tm's
-goals and ensuring that the Project Gutenberg-tm collection will
-remain freely available for generations to come.  In 2001, the Project
-Gutenberg Literary Archive Foundation was created to provide a secure
-and permanent future for Project Gutenberg-tm and future generations.
-To learn more about the Project Gutenberg Literary Archive Foundation
-and how your efforts and donations can help, see Sections 3 and 4
-and the Foundation information page at www.gutenberg.org
-
-
-Section 3.  Information about the Project Gutenberg Literary Archive
-Foundation
-
-The Project Gutenberg Literary Archive Foundation is a non profit
-501(c)(3) educational corporation organized under the laws of the
-state of Mississippi and granted tax exempt status by the Internal
-Revenue Service.  The Foundation's EIN or federal tax identification
-number is 64-6221541.  Contributions to the Project Gutenberg
-Literary Archive Foundation are tax deductible to the full extent
-permitted by U.S. federal laws and your state's laws.
-
-The Foundation's principal office is located at 4557 Melan Dr. S.
-Fairbanks, AK, 99712., but its volunteers and employees are scattered
-throughout numerous locations.  Its business office is located at 809
-North 1500 West, Salt Lake City, UT 84116, (801) 596-1887.  Email
-contact links and up to date contact information can be found at the
-Foundation's web site and official page at www.gutenberg.org/contact
-
-For additional contact information:
-     Dr. Gregory B. Newby
-     Chief Executive and Director
-     gbnewby@pglaf.org
-
-Section 4.  Information about Donations to the Project Gutenberg
-Literary Archive Foundation
-
-Project Gutenberg-tm depends upon and cannot survive without wide
-spread public support and donations to carry out its mission of
-increasing the number of public domain and licensed works that can be
-freely distributed in machine readable form accessible by the widest
-array of equipment including outdated equipment.  Many small donations
-($1 to $5,000) are particularly important to maintaining tax exempt
-status with the IRS.
-
-The Foundation is committed to complying with the laws regulating
-charities and charitable donations in all 50 states of the United
-States.  Compliance requirements are not uniform and it takes a
-considerable effort, much paperwork and many fees to meet and keep up
-with these requirements.  We do not solicit donations in locations
-where we have not received written confirmation of compliance.  To
-SEND DONATIONS or determine the status of compliance for any
-particular state visit www.gutenberg.org/donate
-
-While we cannot and do not solicit contributions from states where we
-have not met the solicitation requirements, we know of no prohibition
-against accepting unsolicited donations from donors in such states who
-approach us with offers to donate.
-
-International donations are gratefully accepted, but we cannot make
-any statements concerning tax treatment of donations received from
-outside the United States.  U.S. laws alone swamp our small staff.
-
-Please check the Project Gutenberg Web pages for current donation
-methods and addresses.  Donations are accepted in a number of other
-ways including checks, online payments and credit card donations.
-To donate, please visit:  www.gutenberg.org/donate
-
-
-Section 5.  General Information About Project Gutenberg-tm electronic
-works.
-
-Professor Michael S. Hart was the originator of the Project Gutenberg-tm
-concept of a library of electronic works that could be freely shared
-with anyone.  For forty years, he produced and distributed Project
-Gutenberg-tm eBooks with only a loose network of volunteer support.
-
-Project Gutenberg-tm eBooks are often created from several printed
-editions, all of which are confirmed as Public Domain in the U.S.
-unless a copyright notice is included.  Thus, we do not necessarily
-keep eBooks in compliance with any particular paper edition.
-
-Most people start at our Web site which has the main PG search facility:
-
-     www.gutenberg.org
-
-This Web site includes information about Project Gutenberg-tm,
-including how to make donations to the Project Gutenberg Literary
-Archive Foundation, how to help produce our new eBooks, and how to
-subscribe to our email newsletter to hear about new eBooks.
+*** END OF THE PROJECT GUTENBERG EBOOK 40931 ***
diff --git a/40931-0.zip b/40931-0.zip
deleted file mode 100644
index 32d4bb6..0000000
--- a/40931-0.zip
+++ /dev/null
diff --git a/40931-8.txt b/40931-8.txt
deleted file mode 100644
index 1e33aef..0000000
--- a/40931-8.txt
+++ /dev/null
@@ -1,4937 +0,0 @@
-The Project Gutenberg EBook of The Early History of the Scottish Union
-Question, by George W. T. Omond
-
-This eBook is for the use of anyone anywhere at no cost and with
-almost no restrictions whatsoever.  You may copy it, give it away or
-re-use it under the terms of the Project Gutenberg License included
-with this eBook or online at www.gutenberg.org
-
-
-Title: The Early History of the Scottish Union Question
-       Bi-Centenary Edition
-
-Author: George W. T. Omond
-
-Release Date: October 4, 2012 [EBook #40931]
-
-Language: English
-
-Character set encoding: ISO-8859-1
-
-*** START OF THIS PROJECT GUTENBERG EBOOK EARLY HISTORY SCOTTISH UNION QUESTION ***
-
-
-
-
-Produced by Rosanna Murphy, sp1nd and the Online Distributed
-Proofreading Team at http://www.pgdp.net (This file was
-produced from images generously made available by The
-Internet Archive)
-
-
-
-
-
-Transcriber's Notes: Italic text is denoted by _underscores_.
-
-
-
-
-_The Early History of the Scottish Union Question_
-
-
-
-
-SOME OPINIONS OF THE PRESS ON THE FIRST EDITION.
-
-
-"With considerable literary skill he has compressed into a brief compass
-a most readable and impartial account of the efforts which from the time
-of Edward I. went on to weld the two countries into one."--_Edinburgh
-Evening News._
-
-"Mr. Omond tells his story brightly and with full
-knowledge."--_Manchester Guardian._
-
-"A genuine contribution to British history."--_Dumfries Courier._
-
-"There is much to interest and inform in this volume."--_Liverpool
-Mercury._
-
-"The conciseness of the sketch, instead of detracting from the worth of
-the work, rather enables the author to give a more vivid description of
-the course and progress of events."--_Dundee Advertiser._
-
-"Mr. Omond has laid students of British history under a debt of
-gratitude to him for his work on the Scottish Union question."--_Leeds
-Mercury._
-
-"Mr. Omond is at home in the struggles which led up to the act of Union
-in 1707."--_British Weekly._
-
-"His book, modest and unpretentious as it is, is a careful contribution
-to the study of one of the most important features of the history of the
-two kingdoms, since 1707 united as Great Britain."--_Liverpool Daily
-Post._
-
-"A handy summary of the history of such international relations, written
-with an orderly method and much clearness and good sense."--_The
-Academy._
-
-"A handy, well-written volume."--_Pall Mall Gazette._
-
-"A very interesting, as well as very instructive book."--_Literary
-World._
-
-
-[Illustration: JOHN HAMILTON, LORD BELHAVEN.]
-
-
-
-
-    _The Early History
-    of the
-    Scottish Union Question_
-
-    _By
-    G. W. T. Omond_
-
-    _Author of
-    "Fletcher of Saltoun" in the "Famous Scots" Series_
-
-    _Bi-Centenary Edition_
-
-    _Edinburgh & London
-    Oliphant Anderson & Ferrier
-    1906_
-
-
-
-
-    _Now Complete in 42 Volumes_
-
-    _The Famous Scots Series_
-
-    _Post 8vo, Art Canvas, 1s. 6d. net; and with gilt top and uncut
-    edges, price 2s. net_
-
-
-    THOMAS CARLYLE. By HECTOR C. MACPHERSON.
-    ALLAN RAMSAY. By OLIPHANT SMEATON.
-    HUGH MILLER. By W. KEITH LEASK.
-    JOHN KNOX. By A. TAYLOR INNES.
-    ROBERT BURNS. By GABRIEL SETOUN.
-    THE BALLADISTS. By JOHN GEDDIE.
-    RICHARD CAMERON. By Professor HERKLESS.
-    SIR JAMES Y. SIMPSON. By EVE BLANTYRE SIMPSON.
-    THOMAS CHALMERS. By Professor W. GARDEN BLAIKIE.
-    JAMES BOSWELL. By W. KEITH LEASK.
-    TOBIAS SMOLLETT. By OLIPHANT SMEATON.
-    FLETCHER OF SALTOUN. By G. W. T. OMOND.
-    THE BLACKWOOD GROUP. By Sir GEORGE DOUGLAS.
-    NORMAN MACLEOD. By JOHN WELLWOOD.
-    SIR WALTER SCOTT. By Professor SAINTSBURY.
-    KIRKCALDY OF GRANGE. By LOUIS A. BARBÉ.
-    ROBERT FERGUSSON. By A. B. GROSART.
-    JAMES THOMSON. By WILLIAM BAYNE.
-    MUNGO PARK. By T. BANKS MACLACHLAN.
-    DAVID HUME. By Professor CALDERWOOD.
-    WILLIAM DUNBAR. By OLIPHANT SMEATON.
-    SIR WILLIAM WALLACE. By Professor MURISON.
-    ROBERT LOUIS STEVENSON. By MARGARET MOYES BLACK.
-    THOMAS REID. By Professor CAMPBELL FRASER.
-    POLLOK AND AYTOUN. By ROSALINE MASSON.
-    ADAM SMITH. By HECTOR C. MACPHERSON.
-    ANDREW MELVILLE. By WILLIAM MORISON.
-    JAMES FREDERICK FERRIER. By E. S. HALDANE.
-    KING ROBERT THE BRUCE. By A. F. MURISON.
-    JAMES HOGG. By Sir GEORGE DOUGLAS.
-    THOMAS CAMPBELL. By J. CUTHBERT HADDEN.
-    GEORGE BUCHANAN. By ROBERT WALLACE. Completed by
-            J. CAMPBELL SMITH.
-    SIR DAVID WILKIE, AND THE SCOTS SCHOOL OF PAINTERS. By
-            EDWARD PINNINGTON.
-    THE ERSKINES, EBENEZER AND RALPH. By A. R. MACEWEN.
-    THOMAS GUTHRIE. By OLIPHANT SMEATON.
-    DAVID LIVINGSTONE. By T. BANKS MACLACHLAN.
-    THE ACADEMIC GREGORIES. By AGNES GRAINGER-STEWART.
-    JOHNSTON OF WARRISTON. By WILLIAM MORISON.
-    HENRY DRUMMOND. By JAMES Y. SIMPSON.
-    PRINCIPAL CAIRNS. By JOHN CAIRNS.
-    VISCOUNT DUNDEE. By LOUIS A. BARBÉ.
-    JAMES WATT. By ANDREW CARNEGIE.
-
-
-
-
-_Preface_
-
-
-The history of the final union of England and Scotland, which took place
-on the 1st of May 1707, commences with the accession of Queen Anne; and
-with regard to that event, the best sources of information, apart from
-original letters, diaries, and other contemporary documents, are Daniel
-Defoe's _History of the Union_, published in 1709, Dr. Hill Burton's
-_History of Scotland_, Mr. John Bruce's _Report on the Events and
-Circumstances which produced the Union_, published, for the use of
-Government, in 1799, and Dr. James Mackinnon's _Union of England and
-Scotland_, published in 1896. In this volume I have endeavoured to
-describe the _earlier_ attempts to unite the kingdoms. These commence,
-practically, in the reign of Edward I. of England, and continue, taking
-sometimes one form and sometimes another, down to the reign of William
-III.
-
-While giving an account of the various negotiations for union, and of
-the union which was actually accomplished during the Commonwealth, I
-have tried to depict the state of feeling between the two countries on
-various points, and particularly in regard to the Church question, which
-bulks more largely than any other in the international history of
-England and Scotland.
-
-It is a story, sometimes of mutual confidence and common aspirations, as
-at the Reformation and the Revolution, but more frequently of
-jealousies, recriminations, and misunderstandings, most of which are now
-happily removed.
-
-My authorities are sufficiently indicated in the footnotes.
-
-                                                         G. W. T. O.
-
-
-
-
-_Contents_
-
-
-    CHAP.                                                        PAGE
-
-      I. INTERNATIONAL POLITICS BEFORE THE UNION OF THE CROWNS      9
-
-     II. THE UNION OF THE CROWNS                                   52
-
-    III. THE UNION DURING THE COMMONWEALTH                         96
-
-     IV. FROM THE RESTORATION TO THE REVOLUTION                   122
-
-      V. THE REVOLUTION SETTLEMENT                                147
-
-
-
-
-_The Early History of the Scottish Union Question_
-
-
-
-
-CHAPTER I
-
-INTERNATIONAL POLITICS BEFORE THE UNION OF THE CROWNS
-
-
-The races which inhabited the northern parts of England and the southern
-parts of Scotland were descended from a common stock, and spoke a common
-language. But for centuries the problem of uniting them baffled the
-best-laid plans of kings and statesmen; and neither force, nor policy,
-nor treaties of marriage between the royal families, seemed capable of
-destroying the inveterate rancour which the peoples felt towards each
-other. The petition in response to which the papal sanction was given to
-the intended marriage of Prince Edward to the Maid of Norway, pointed
-out the wisdom of removing, or at least mitigating, the enmity of the
-two nations; and it was the avowed policy of Edward the First to
-combine the marriage of his son to the young Queen of Scotland with a
-peaceful union of the kingdoms. The clergy, the nobles, and the people
-of Scotland agreed to the proposed alliance, and were willing that their
-queen should be educated at the English Court. The marriage-contract was
-prepared; and the prospects of a lasting peace were bright, when the
-death of the young princess on her journey from Norway suddenly changed
-the whole course of events.
-
-The competition for the Scottish Crown; the arbitration of Edward; his
-claim to the title of Lord Superior; the invasion of Scotland; the
-occupation of Scottish strongholds, and of large portions of Scottish
-territory, by English garrisons; the homage paid to the English king by
-the competitors for the Crown; the spectacle of Englishmen filling many
-great offices of State;--all tended to exasperate the Scottish nation.
-But Edward never seems to have doubted that he would succeed no matter
-at what a cost of blood and treasure in joining the kingdoms. Indeed, it
-appears that from the summer of 1291, when the competitors for the
-Crown granted him possession of Scotland until his decision should be
-made known, he regarded the two countries as practically one. Scotland
-is described, in public documents, as "notre ditte terre d'Escose"; and
-it was expressly declared that, as England and Scotland were now united,
-the king's writ should run in both realms alike.[1]
-
-During the inglorious reign of Baliol, and throughout the period of
-anarchy and turmoil which followed its termination, Edward never lost
-sight of his favourite policy of an union, which, though brought about
-by conquest, and imposed by force of arms upon the people of Scotland,
-would, nevertheless, in course of time, secure for him and his
-successors the sovereignty of an undivided kingdom from the English
-Channel to the Pentland Firth. In pursuance of his policy he resolved
-to hold a Parliament in which Scotland should be represented, and by
-which regulations should be framed for the future government of that
-country. To this Parliament, which met at Westminster in September 1305,
-ten representatives of Scotland were summoned.[2] All of them attended
-except Patrick Earl of March; but his place was filled, at the king's
-command, by Sir John Monteith, the betrayer of Wallace, whose execution
-had taken place less than a month before.
-
-With the Scotsmen twenty-two English members were conjoined; and to the
-Council thus formed there was administered one of the elaborate oaths
-which were then supposed to be peculiarly solemn and binding. They were
-sworn on our Lord's Body, the Holy Relics, and the Holy Evangels, to
-give good and lawful advice for maintaining the peace of the king's
-dominions, especially in Scotland, and loyally to reveal any hindrances
-they knew to good government in Scotland, and how these might be
-overcome.
-
-It is difficult to believe that the commissioners from Scotland were
-free agents in this Parliament. But it suited the purposes of Edward
-that the ordinance which was now to be framed for the future government
-of Scotland should be promulgated as the result of deliberations in
-which the people of Scotland had a voice. It was for this reason that
-the Scotsmen had been summoned to Westminster; but the ordinance left
-all real power in the hands of Edward. Sir John de Bretaigne, the king's
-nephew, became Warden of Scotland, with a Chancellor and Controller
-under him.[3] Eight justiciars were appointed. Six of them were to
-administer law in the lowlands; and the dangerous duty of executing
-justice "beyond the mountains" was entrusted to Sir Reynaud le Chien and
-Sir John de Vaux of Northumberland. Sheriffs were appointed, most of
-whom were Scotsmen; but the castles were left in the hands of English
-commanders. The laws of King David of Scotland were to be read at public
-meetings in various places, and such of these laws as appeared unjust
-were to be amended.[4]
-
-About this time Edward writes to the Sheriff of York, giving orders that
-nobles, prelates, and other people of Scotland journeying to and from
-England, were, in future, to be courteously treated, and that anyone who
-used threats or bad language to them, or who refused to sell them food,
-was to be punished. Similar orders regarding the treatment of Scotsmen
-in England were sent to the Sheriffs of London, and many of the English
-counties. Edward perhaps thought that by this semblance of an union,
-founded on conquest and set forth on parchment, his long-cherished
-schemes were at last accomplished. But his plans had hardly been
-completed, when he found himself confronted by that combination of the
-Scottish people which, during the reign of his son, triumphed under the
-leadership of Robert Bruce, and finally secured the complete
-independence of Scotland on the field of Bannockburn.
-
-The marriage of the Princess Margaret, daughter of Henry the Seventh, to
-James the Fourth of Scotland, stanched for a time--but only for a
-time--the torrent of blood which was shed in the wars which raged, one
-after another, for nearly two hundred years after the death of Bruce.
-Another period of warfare followed, during which the disasters of
-Flodden Field and Solway Moss left Scotland apparently at the mercy of
-England. But when Henry the Eighth attempted to reconcile and unite the
-nations by a treaty of marriage between the Prince of Wales and Mary,
-the youthful Queen of Scots, the Scottish Estates, while agreeing to his
-proposal, declared that, after the marriage, Scotland was to remain a
-separate and independent kingdom; and it was soon found that to
-propitiate the Scottish nation was a task beyond even the long
-experience and the profound diplomatic ability of Sadler. Sadler argued
-that England had a young prince, and Scotland had a young princess, and
-that if they were betrothed, "these two realms being knit and conjoined
-in one, the subjects of the same, which have always been infested with
-the wars, might live together in wealth and perpetual peace." "I pray
-you," said a Scottish statesman in reply, "give me leave to ask you a
-question: If your lad were a lass, and our lass were a lad, would you
-then be so earnest in this matter? Could you be content that our lad
-should marry your lass, and so be King of England?" And when Sadler
-answered that he would, the Scotsman shook his head. "I cannot believe,"
-he said, "that your nation could agree to have a Scot to be King of
-England. And likewise I assure you that our nation, being a stout
-nation, will never agree to have an Englishman to be King of Scotland.
-And though the whole nobility of the realm would consent to it, yet our
-common people, and the stones in the street, would rise and rebel
-against it."
-
-Then, to enforce the treaty of marriage, came the invasion of Scotland,
-when Edinburgh was burned to the ground, when the port of Leith and the
-picturesque castles of Roslyn and Craigmillar were in flames, when the
-abbeys of Melrose and Dryburgh were laid in ruins, and when the villages
-and farms of the lowlands were devastated by the English soldiery. But
-the violence of Henry was in vain; and during his reign the Scottish
-people hated England as they had never hated her before.[5]
-
-The project of uniting the kingdoms by a royal marriage was not
-abandoned on the death of Henry; and in the first year of Edward the
-Sixth, the battle of Pinkie, the last great battle between England and
-Scotland, was fought. But the Protector Somerset soon found that the
-Scots, though defeated, were as determined as ever to resist the English
-connection, and that the Scottish Parliament had at last resolved that
-their young queen should be betrothed to the Dauphin, and sent forthwith
-to France, to be educated at the French Court. This resolution, so
-fateful to Mary Stuart, then a child of only six, altered the views and
-policy of Somerset. In the name of the English Council he issued a
-remarkable proclamation, in which he proposed that the Crowns should be
-united, and that the kingdoms should become one. "We invite you," it was
-said, "to amity and equality, because, as we inhabit in the same island,
-there is no people so like one another in manners, customs, and
-language." There was to be freedom and equality of trade between England
-and Scotland. The subjects of both kingdoms were to be allowed to
-intermarry. If the Scots wished it, the name of England would be
-abolished, and "the indifferent old name of Britains" taken again. "If
-we two," the proclamation declared, "being made one by amity, be most
-able to defend us against all nations; and, having the sea for the wall,
-mutual love for garrison, and God for defence, should make so noble and
-well-agreeing a monarchy, that neither in peace we may be ashamed, nor
-in war afraid of any worldly or foreign power; why should not you be as
-desirous of the same, and have as much cause to rejoice at it as we?"[6]
-But these overtures were too late; the Queen of Scots was sent to
-France: and when, two years later, peace was proclaimed, Scotland
-remained unconquered and independent.
-
-The treaty of peace declared that the boundaries of the two countries
-were to be the same as they had been before the outbreak of war between
-Henry the Eighth and James the Fifth of Scotland. An attempt was made to
-deal with that portion of waste land upon the western borders which had
-been, for so long, a harbour of refuge for the outlaws of both kingdoms,
-and which was known as the Debateable Ground.[7] It was to be divided by
-march stones; and ditches and enclosures were to be made for the purpose
-of hindering the flight of marauders. The English were to relinquish all
-lands and houses which they had seized; and those fishings on the river
-Tweed which the Scots had possessed before the war were to be given back
-to them.[8]
-
-Never in the history of this island, except afterwards during the reign
-of Anne, was the Scottish question so troublesome to England as during
-the second half of the sixteenth century. The immense additions which,
-of late years, have been made to our sources of information have not
-changed, to any great extent, the aspect of the long familiar picture,
-nor caused us to relinquish the old opinions regarding the characters
-and motives of those who held in their hands the tangled threads of
-international policy during the fifty years which preceded the Union of
-the Crowns. To use the Scots for the purpose of weakening England had
-long been the policy of France; and when war between Spain and France
-broke out in 1555, and an English army was to be sent to the assistance
-of Spain, the French Court hoped that an army from Scotland would march
-across the Tweed. Mary of Guise assembled the Scottish nobles, and
-proposed that they should seize the opportunity of taking vengeance for
-all the wrongs which their country had suffered since the fatal day of
-Flodden. But the proposals of the Queen Regent were not received with
-favour. She had been so foolish as to confer several important offices
-of State on Frenchmen; and these appointments had given great offence.
-During the late war the Scots had resented the manner in which their
-allies had behaved on several occasions, and had seen them depart with
-feelings of intense relief.[9] Moreover, the spread of the Protestant
-opinions in Scotland had naturally led many of the people to suspect the
-motives of a Catholic power. The Queen Regent, indeed, succeeded in
-bringing England and Scotland to the verge of another contest; but, in
-the long-run, the Scots refused to encounter the risks of war for the
-purpose of assisting the ambition of France.
-
-The marriage of Mary and the Dauphin involved the renewal of friendly
-intercourse with France; but the terms on which the Scottish Parliament
-agreed to this alliance provided for the complete independence of
-Scotland.[10] The crown matrimonial of Scotland was conferred upon the
-Dauphin; but the oath of fidelity which the Scottish ambassadors took to
-the heir of France, as King of Scotland, was framed so as to exclude
-any allegiance beyond that which the subjects of Scotland had hitherto
-acknowledged as due to their native princes.[11]
-
-It had never been possible for England, under any circumstances, to be
-indifferent to the affairs of Scotland; and the relations of the two
-kingdoms were now more complicated than ever. But it was not until after
-the death of Mary of England that the results of the French marriage
-became fully visible. "War with France; the French king bestriding the
-realm, having one foot in Calais and the other in Scotland; steadfast
-enemies, but no steadfast friends."[12] Thus stood England at the close
-of the year 1558. The Dauphin and Mary proclaimed themselves King and
-Queen of England as well as Scotland; and the arms of England were
-quartered with the arms of France and Scotland on their plate and
-household furniture. This was an open assertion of the illegitimacy of
-Elizabeth and a challenge to England. But, in the meantime, peace was
-preserved. The Treaty of Cambray, which terminated the struggle between
-France and Spain, and to which England and Scotland were parties, left
-the claims of Elizabeth and Mary untouched; and, on the ground that "the
-plenipotentiaries for Scotland have not sufficient knowledge of the
-state of affairs depending between the Crowns of England and Scotland,"
-it was decided that English and Scottish commissioners should afterwards
-meet and decide on "certain articles respecting the peace and concord of
-the two kingdoms."[13]
-
-These commissioners met; and the result was the treaty of
-Upsetlington.[14] A fresh attempt was made to frame rules for curbing
-the lawless spirit of the Borderers; and it was also agreed that the
-limits of the two kingdoms should be the same as they had been before
-the accession of Elizabeth, that the town of Berwick should not be
-molested by the Scots, that the English garrisons should not trouble
-their neighbours on the other side of the boundary line, and that great
-caution should be observed in granting passports to the subjects of
-either kingdom.[15]
-
-Meanwhile the Protestant opinions had been steadily gaining ground in
-Scotland. The Congregation, as the reformers were called, and their
-leaders, known as the Lords of the Congregation, had hitherto been on
-good terms with Mary of Guise. Without their assistance the Dauphin
-would not have obtained the title of King of Scotland; and she had,
-therefore, not interfered with the progress of the new beliefs. But soon
-after the Treaty of Cambray, Monsieur de Bettancourt arrived in
-Edinburgh, charged with a message from Henry of France. The New Learning
-was to be suppressed on the continent of Europe and in England; and the
-Queen Regent was expected to join France, Spain, and the Holy Father at
-Rome, in the league which they had formed for that purpose. Scotland was
-the stepping-stone to England. If the ascendency of France and the
-Catholic Faith was once secured in that country, the heretic Elizabeth
-would be driven from the throne which she had usurped. Therefore the
-Regent must no longer remain inactive. Against her will, so far as we
-can judge, Mary of Guise entered on the disastrous contest. A
-proclamation was issued, commanding all men to go to mass, to use the
-confessional, and to conform, in all respects, to the Church of Rome.
-The Lords of the Congregation remonstrated; but the Regent refused to
-give way.[16] At this crisis Knox returned to Scotland from Geneva. A
-week after his arrival he preached at Perth; and after his sermon the
-religious houses of the Black and Grey Friars, and the Carthusian
-Monastery, were laid in ruins. From Perth the excitement spread over all
-the country. The Protestants flew to arms in numbers. The Regent
-mustered her forces, and it was evident that a desperate struggle was at
-hand.
-
-At first the Lords of the Congregation carried everything before them.
-But they knew that, before long, the Regent would have an army of
-well-trained French soldiers under her command; and it was vain to
-suppose that religious fervour could prevail against military
-discipline. Help must be found in some quarter; and a correspondence was
-opened with the Court of England. James, third Earl of Arran, was, after
-his father, the Duke of Chatelherault, heir-presumptive to the throne of
-Scotland.[17] A marriage between him and Elizabeth might, it was
-suggested, settle the Scottish question. A majority of the Scots were
-Protestant; and in the turmoil of the civil war which had now begun,
-Mary of Scotland might, with the help of England, be dethroned by her
-own subjects, against whom she had allowed a foreign army to be sent. If
-Arran and Elizabeth were married, the Crowns of England and Scotland
-would then be united; and thus the schemes of France would be
-frustrated. There can be little doubt that all this was understood
-between the Congregation and their friends in England, though it was not
-openly expressed. Cecil encouraged the idea, probably with the assent of
-Elizabeth; and the Lords of the Congregation implored her to come to the
-rescue, and carry out that union of the realms for which so many wise
-men had long laboured in vain.[18]
-
-The death of Henry the Second did not change the policy of France.
-Scotland was to be subdued; and then Elizabeth could be dealt with. The
-councils of England were divided; but Cecil was in favour of sending
-help to Scotland. "The best worldly felicity," he said, "that Scotland
-can have is either to continue in a perpetual peace with the kingdom of
-England, or to be made one monarchy with England, as they both make but
-one isle divided from the rest of the world." But this was impossible if
-the French were allowed to govern Scotland; for they would use Scotland
-for their own purposes, and "make a footstool thereof to look over
-England as they may." As no heir had been born to the Queen of Scots,
-and as she was absent from her kingdom, the nobles and commons of
-Scotland ought, under the guidance of the Hamiltons, who were the next
-heirs to the Crown, to free the land of idolatry by such a Reformation
-as had already taken place in England; and, "before the French grew too
-strong and insolent," a number of abuses which threatened to ruin the
-country should be remedied. If the Queen did not agree to these reforms,
-then she must be held to have forfeited the Crown.[19]
-
-As to the question, which was really the practical one, of whether
-England should join Scotland in resisting the French, the voice of Cecil
-gave no uncertain sound. Every country had, he said, like every man, the
-right and duty of self-defence, not only against present danger, but
-also against danger which might be foreseen. No greater danger could be
-foreseen than the occupation of Scotland by France, the implacable
-enemy of England. Therefore "England both may and ought to aid Scotland
-to keep out the French."[20]
-
-Such was the advice of Cecil, set forth in a paper written apparently on
-the 5th of August. Three days later Sadler was on his way to Berwick,
-armed with full powers to negotiate secretly "for the union of the
-realms," and furnished with a sum of money for the use of the
-Congregation. Arran, who had escaped from France and come to England,
-followed him. A long time was wasted in correspondence between Berwick
-and London; and at last Chatelherault and the Lords of the
-Congregation, weary of the long delay, marched to Edinburgh at the head
-of their followers. The Queen Regent took shelter behind the walls of
-Leith. An instrument suspending her from the Regency was proclaimed at
-the town-cross of Edinburgh; and a letter was sent to her demanding that
-she and the French troops should retire from Leith. But, instead of
-doing so, she attacked the forces of the Congregation. They were
-compelled to leave Edinburgh; and it thus became evident that, as the
-Regent could already cope with the Congregation, Scotland would be at
-the mercy of the French army, which might arrive at any moment.
-
-At this point, when the fate of Scotland was trembling in the balance,
-Maitland of Lethington was sent to London to make a final appeal to the
-English Council. A paper has been preserved which expresses, with all
-the acuteness of that adroit politician, the views of Maitland on the
-relations of England and Scotland. The old cause of enmity, he says,
-between England and Scotland, and of the friendship between France and
-Scotland, was the claim of feudal superiority which the princes of
-England had set up. To resist that claim, and to save their country from
-conquest, the Scots formed alliances with France. From the first, many
-in Scotland doubted the wisdom of these alliances; and now the eyes of
-all were opened. They saw the inordinate ambition of France, and wished
-to form a league with England.[21] The fear of conquest made the Scots
-hate England and love France. Now the case is changed; "Shall we not
-hate them and favour you?" If we have been so faithful to France, from
-whom we have received so little, can you not trust us to be faithful to
-you, who of all nations are most able to bestow benefits upon us?
-
-But it may be said that as soon as the present quarrel is ended, we
-shall once more make friends with France. Peace is, indeed, the end of
-war; but England may rest assured that we in Scotland know our own
-interests too well to make such a mistake. Where could we look for help
-against France, at any future time, if we played false with you?[22]
-Besides, it is the interest of England to unite with us. France is not
-making all these warlike preparations merely for an expedition to
-Scotland. All Europe knows that an invasion of England is intended. Have
-you forgotten Calais? You are blind if you do not see that they are
-acting as cunningly as they acted then. Beware lest you find yourselves
-saying, when it is all too late, "If we had only known."[23] Do not let
-this opportunity escape you. If you once allow the French to become
-masters of Scotland, is there a man whose judgment is so much at fault
-as not to show him that France, having once conceived the image of so
-great a conquest as that of England, will endeavour to accomplish it?
-
-Nor must you believe those who call us rebels. We maintain the queen's
-right. We study to preserve the liberty of her realm at the hazard of
-our lives. If, during the absence and minority of our sovereign, we
-tamely allow strangers to plant themselves in our strongholds, to seize
-the reins of government, and alter our laws at their pleasure, may she
-not hereafter call us to account, and may not the people esteem the
-nobles of Scotland unworthy of the place of councillors? All we desire
-is to defend the freedom of our country and the independence of the
-Crown.[24]
-
-Finally, do not lightly reject the friendship of Scotland. England is
-separated from every other nation by the sea; and if she unites with
-Scotland, her defences will be complete. Study the advice which
-Demosthenes gave to the Athenians, and you will learn what a wise man
-should do when his neighbour's house is on fire.[25]
-
-It was to press these views upon the statesmen of England that Maitland
-had been sent to London; and he was empowered to make an offer which
-shows that the Lords of the Congregation were in deadly earnest. Let
-everything, they said, which is past and gone be forgotten--Edward the
-First and Wallace, Bruce and Bannockburn, Flodden and Pinkie, all the
-long roll of victories and defeats on one side or another; let the words
-England and Scotland be obliterated; and let the two nations become one
-under the name of Great Britain, with Elizabeth as ruler of the United
-Kingdoms. It is impossible to say what would have followed if the
-English Council had entertained this proposal. But it implied war with
-France, not only on the Scottish border, but at every vulnerable point
-upon the coast of England. Even on the question of sending troops to
-Scotland, Elizabeth hesitated for a long time. But at last Cecil
-persuaded her to make up her mind. A fleet, under the command of Winter,
-sailed for the Firth of Forth; and an army of eight thousand men, under
-the command of Lord Grey, Warden of the Eastern Marches, was mustered at
-Berwick.
-
-Then, after all these months of irresolution, the effect of a firm
-policy was seen. The French ambassador at London apologised for the
-conduct of Mary and the Dauphin in assuming the arms of England, and
-threw the blame upon the late king; and an offer was made to restore
-Calais if England would refrain from interfering in Scotland. But to
-this offer Elizabeth is said to have returned the haughty answer that
-"she did not value that fisher town so much as to hazard for it the
-state of Britain."[26]
-
-And now, for the first time, English soldiers were to enter Scotland as
-friends. But before the decisive movement was made, Norfolk, Lieutenant
-of the North of England, went to Berwick and made a convention with the
-Lords of the Congregation. Scotland was put under the protection of
-Elizabeth during the subsistence of the marriage of the Queen of Scots
-and the King of France. For the preservation of the liberties of
-Scotland, and to expel the French, an English army was to cross the
-border.[27] England became bound never to permit Scotland to be
-conquered, or united to France, otherwise than it already was by the
-marriage of Mary and Francis. Scotland became bound to send an army of
-four thousand men to assist England, if, at any time, she was invaded
-by France. Argyll, as Lord Justice of Scotland, was, if required by the
-Queen of England, to act with the Lord Lieutenant in reducing the north
-of Ireland to obedience. England was to receive hostages for the due
-performance of these stipulations on the part of Scotland.[28]
-
-The Treaty of Berwick was signed on the 27th of February; but so
-unwilling was Elizabeth to take the final step that nearly a month had
-passed away before the troops were allowed to advance. At the end of the
-month the greater portion of the army crossed the Tweed.[29] They were
-well received by the country people; and on the 4th of April the English
-and Scottish leaders held a council of war at Pinkie House. In the
-operations of the next three months everything centred round the siege
-of Leith. In spite of the gallantry of the French, the garrison was
-reduced to desperate straits. The French fleet, with reinforcements on
-board, was scattered by a storm. The Queen Regent died during the night
-of the 10th of June 1560; and four days later the preliminary articles
-of a treaty were signed at Berwick.[30]
-
-Peace was finally concluded at Edinburgh on the 6th of July. Mary and
-the Dauphin were to give up using the arms or the royal title of
-England. The fortifications of Leith were to be demolished. All the
-French soldiers, except one hundred and twenty men, were to leave
-Scotland at once. The affairs of Scotland were to be administered
-entirely by Scotsmen; and the executive government was, during the
-absence of Mary, to consist of twelve persons, of whom the queen was to
-choose seven from a list of names drawn up by the Estates. On the
-question of religion, it was agreed that when the Scottish Parliament
-next met, a deputation should be sent to France to lay the wishes of the
-country before the queen.[31]
-
-These events not only proved that England was strong enough to set the
-arms of France at defiance, and to reject the councils of Spain, but
-they established, for all time to come, a close and real connection
-between England and Scotland. In the hour of danger the best men in
-Scotland had turned to England for help. Cecil, and those who thought
-with him, had persuaded Elizabeth to disregard all interference and the
-remonstrances of foreign Courts. She had done so with reluctance. Slowly
-and through many a tortuous path she had sent help to Scotland; but, in
-the end, the deliverance was complete. The war and the treaty of July
-1560 destroyed the French influence in the northern portion of the
-island, taught the Scots that it was only by an Union with Protestant
-England instead of Catholic France that their liberties could be
-maintained, and opened the way for the Scottish Reformation. For the
-Lords of the Congregation were now supreme; and before the end of
-August, without waiting for the queen's consent, the Estates had met and
-passed the statute by which they disowned the authority of the Pope.[32]
-
-But although so much had been done, the marriage of Elizabeth and Arran
-was as far off as ever. In their policy of binding the nations together
-by a closer tie, Cecil in England and Maitland in Scotland had a great
-mass of public opinion to support them, especially on the Protestant
-side.[33] The Scottish Estates were so eager for the Union of the Crowns
-that they would not listen to Maitland, who, though strongly in favour
-of the marriage, foresaw difficulties which could be only overcome by
-waiting; and it was resolved that commissioners should at once be sent
-to lay the wishes of the Estates before Elizabeth.[34]
-
-If Mary of Scotland died without issue, Arran was, after his father, the
-next heir to the Crown; but it can scarcely be doubted that the Lords of
-the Congregation did not contemplate waiting for the extinction of the
-Stuart line. Mary had not been in Scotland since her childhood. She was
-Queen of France; and, in all probability, she would remain in France for
-the rest of her life. So long as Mary of Guise was Regent, so long as
-Frenchmen governed Scotland, so long as Scotland, like France, adhered
-to the Catholic Faith, the power of the house of Stuart was hardly, if
-at all, impaired by the absence of the queen. But now all this was at an
-end. Mary of Guise was dead. An English army had expelled the soldiers
-of France. The government of Scotland was in the hands of Scotsmen. The
-Scottish nation was no longer Catholic. To celebrate the mass was an
-offence against the law; and the Scottish clergy were using the
-Prayer-book of Edward the Sixth. Thus it was a mere form of words to
-call Mary Stuart Queen of Scotland as well as of France. Of real power
-she no longer possessed a vestige; and it is easy to see that in the
-first bloom of the Scottish Reformation, with Knox in full vigour, and
-with the whole country in revolt against the Romish priesthood, the
-marriage of Arran would very likely have been followed by the triumph of
-the Protestant Hamiltons over the Catholic Stuarts, and the union of
-the two nations, with one crown, and probably with one form of Church
-government.
-
-Perhaps in the history of great events we too seldom remember that kings
-and queens are, after all, merely men and women. Here was a crisis at
-which the Protestants of England and Scotland were unanimous in wishing
-the Defender of their Faith to enter upon a contract, by means of which
-she would accomplish what had been one of the great ends of English
-policy from the days of Edward the First to those of Henry the Eighth.
-But that contract was one which concerned her as a woman rather than as
-a queen; and she knew that the ceremony which might put the Crown of
-Scotland within reach of the Queen of England would, while uniting the
-kingdoms, separate Elizabeth Tudor from Robert Dudley. The Protestants
-of England knew this, and dread of the Dudley marriage, as well as their
-anxiety to cement the alliance with Scotland, made them support the
-pretensions of Arran.
-
-But suddenly, before Elizabeth had made up her mind, the death of
-Francis the Second saved her from the necessity of giving a definite
-answer to the Scottish commissioners. This event, by which the Crowns of
-France and Scotland were once more separated, opened a new scene in the
-drama of international politics, and enabled her to escape from the
-dilemma in which she found herself. She thanked the Scottish Estates for
-the goodwill which they had displayed towards her; and she assured them
-that she regarded the offer of marriage as a token of their wish "to
-knit both theis kingdomes presently in Amytye, and hereafter to remaine
-in a perpetual Amytye." But in the meantime, though she had a high
-opinion of the Lord Arran, she was not disposed to take a husband, and
-she thought that the friendship of the nations could be maintained
-without a marriage. With this unsatisfactory answer the commissioners
-were obliged to be content.[35]
-
-Then came the return of Mary to Scotland, her stubborn refusal to ratify
-that clause of the Treaty of Edinburgh by which she was to give up
-using the title of Queen of England, her quarrels with the reformers,
-and the long series of misfortunes and misdeeds which ended only with
-the tragedy of Fotheringay.
-
-The failure of the marriage negotiations was taken as an insult by the
-Scots; and doubtless this accounts, to some extent, for the cordial way
-in which Mary, in spite of her adherence to the Church of Rome, was
-welcomed on her return from France. The project of uniting the kingdoms
-by a royal marriage was not again renewed in so definite a form; but
-during the numerous intrigues spread over so many years, the purpose of
-which was to find a husband for the Queen of Scots, the effect which her
-marriage would have upon the relations of England and Scotland was never
-lost sight of. If the suitor for her hand was a Protestant, he was
-favoured by those who desired to see peace between the two nations; if
-he was a Catholic, by those who desired a renewal of the French
-alliance, or at least a rupture with England.[36] Protestant or
-Catholic? that was the great question for England and Scotland then, as
-for the rest of Europe. Everything turned upon that. During Mary's short
-sojourn at Holyrood, and during the long years of her captivity in
-England, everything--conspiracies against Elizabeth; the rise and fall
-of Regents in Scotland; the civil wars with all their treachery and
-bloodshed; the assassinations; the beheadings--every episode and every
-scheme, however disguised, was a part of the contest between the old
-faith and the new.
-
-During these years of trouble the Protestants of the two countries drew
-gradually together; and in the year 1586 the kingdoms entered into a
-compact which lasted until the death of Elizabeth and the accession of
-James to the throne of England.
-
-The Duke of Guise asked James of Scotland to join the Holy League. But
-to this invitation he returned no answer; and Sir Edward Wotton, who was
-sent as ambassador to the Court of Holyrood, found that James was ready
-to form an alliance with Elizabeth and Henry of Navarre in defence of
-the Protestant religion. A Scottish Parliament, which met at St. Andrews
-in July 1585, authorised the king and his Council to enter upon a
-league, more strict and firm than any previous league, between England
-and Scotland, which, the Estates said, were naturally allies, and were
-alike exposed to the assaults of the common enemy.[37] In the following
-year commissioners for both kingdoms met, and signed the League. It was
-agreed that the sovereigns of England and Scotland should defend the
-Protestant religion against all comers. There was to be an alliance,
-offensive and defensive, between the countries. If England was invaded
-at a point at a distance from Scotland, an army of seven thousand
-Scotsmen was to march to assist her. If Scotland was invaded at any
-place distant from England, twelve thousand Englishmen were to help her.
-If the invasion took place near the Borders, James was to send as many
-troops as he could muster to the spot. If any trouble arose in Ireland,
-none of the inhabitants of Scotland were to be permitted to go thither.
-Neither kingdom was to shelter rebels fleeing across the Border. All
-former treaties of friendship between the countries were to remain in
-force; and James bound himself to see, when he reached the age of
-twenty-five, that these terms were ratified by the Scottish
-Parliament.[38]
-
-Nothing was said about Mary of Scotland during these negotiations. She
-was entirely ignored; and it is impossible to say how far this may have
-helped to remove any scruples which she might have felt about the
-objects of the Babington Conspiracy.[39] Her execution, however,
-endangered the new alliance when it had existed for only nine months.
-The Scottish clergy had, indeed, with scarcely an exception, refused to
-pray for her; and if she had been tried and sentenced by the Privy
-Council of Scotland or by the Scottish Parliament, the Catholic laity
-alone would have attempted to save her. But the manner of her trial and
-condemnation was regarded as a national affront; and when the Estates
-met in July 1587 the peers offered to give their lives and fortunes to
-avenge the fate of the Scottish queen, who, after eighteen years of
-captivity in England, had perished at the hands of Englishmen. During
-the autumn and winter the Borders were in a state of dangerous
-excitement. An invasion from Scotland was expected. Preparations were
-made for raising ten thousand men to repel it; and there appears to
-have been some idea of rebuilding the old Roman wall.[40]
-
-The indignation expressed by James at the treatment which his mother had
-received was doubtless not altogether feigned. But the great aim of his
-life now was to secure his own succession to the throne of England; and
-Walsingham adroitly availed himself of this circumstance for the purpose
-of preventing war. Sir John Maitland, a younger brother of Maitland of
-Lethington, was the Scottish Secretary, and to him Walsingham wrote a
-letter, which he knew would be read by James, and in which, with
-consummate art, he proved that if the youthful King of Scots wished to
-reach the object of his ambition, he must maintain his friendship with
-England.[41]
-
-The resentment of James died speedily away. On various occasions, during
-the remainder of Elizabeth's reign, the relations of the two countries
-were strained, and there was bad blood between the sovereigns. But there
-was no open rupture; and at last the house of Stuart entered peaceably,
-and without opposition, on the rich heritage of the English Crown.
-
-FOOTNOTES:
-
-[1] "De Regnis Angliæ et Scotiæ conjunctis. Quia Regna Angliæ et Scotiæ,
-ratione Superioris Dominii, quod in eodem Regno optinemus benedicto
-altissimo, sunt conjuncta, Mandatum est Justiciariis de Banco, quod
-Brevia Regis, coram eis porrecta vel retornata, de data dierum et
-locorum, infra idem Regnum Scotiæ, mentionem facientia, de cætero
-admittant; exceptiones, si quas, de hujusmodi datis et locis, proponi
-contigerit coram eis, nullatenus allocantes, Teste Rege apud Berewicum
-super Twedam, 3 die Julii." (_Foedera_, ii. 533.)
-
-[2] These were the Bishops of St. Andrews and Dunkeld, the Abbots of
-Cupar and Melrose, the Earls of Buchan and March, Sir John de Mowbray,
-Sir Robert de Kethe, Sir Adam de Gurdon, and Sir John de Inchmartyn.
-
-[3] The name, so hated in Scotland, of "Mons. Joh. de Meneteth" appears
-as one of the Council appointed to assist John de Bretaigne.
-
-[4] Ordonnance faite par Edouard Roi d'Angleterre sur le Gouvernement de
-la terre d'Escosse, Act. Parl. Scot. i. 119; Sir Francis Palgrave's
-_Documents and Records illustrating the History of Scotland_, 292, 295;
-_Calendar of Documents relating to Scotland_, ii. 457.
-
-[5] Mr. Patrick Fraser Tytler very justly remarks how absurd was the
-idea "that a free country was to be compelled into a pacific matrimonial
-alliance, amid the groans of its dying citizens and the flames of its
-seaports" (_History of Scotland_, vi. 42). See also, on the Scottish
-policy of Henry VIII., the instructions given to the army in Scotland in
-April 1544 (vol. v. p. 473, and the _Hamilton Papers_, vol. ii. p. 325).
-They were to "burn Edinburgh town, and to rase and deface it when you
-have sacked it"; and all over the country "man, woman, and child" were
-to be put to the sword "without exception."
-
-[6] Holinshed, iii. 998.
-
-[7] "Terra variabilis communi utriusque gentis vocabulo dicta The
-Debateable Ground."
-
-[8] _Foedera_, xv. 265.
-
-[9] "Notwithstanding the ancient alliance of France and Scotland, and
-the long intercourse of good offices between the two nations, an
-aversion for the French took its rise, at this time, among the Scots;
-the effects whereof were deeply felt, and operated powerfully through
-the subsequent period" (Robertson, i. 110).
-
-[10] The Queen of Scots was to "aggre and obleis hir self and hir
-successouris, that scho, hir Airis and Successouris, sall observe and
-keip the Fredomes, Liberteis, and Privelegeis of this Realme, and Lawis
-of the samyn, sicklike and in the samyn maner as hes bene keipit and
-observit in all Kingis Tymes of Scotland of before" (Keith, App. 14;
-Act. Parl. Scot. ii. 504).
-
-[11] "Le servir, obeyr et honnorer, durant et constant ledit mariage,
-ensemble l'hoir issu et procréé d'iceluy mariage auquel adviendra le
-Royaume d'Escosse, tout ainsy comme nous et nos Predecesseurs aut
-loyauement servy et honnore les nobles progeniteurs et antecesseurs de
-la ditte Dame Reyne d'Escosse nostre Souveraine" (Keith, App. 20). On
-the occasion of the marriage, Henry of France issued letters of
-naturalisation conferring all the privileges of French citizenship on
-Scotsmen living in his dominions; and the Scottish Parliament returned
-the compliment by passing an Act which naturalised Frenchmen in
-Scotland. (Act. Parl. Scot. ii. 507, 515.)
-
-[12] Address to the Council, in Mr. Froude's _History of England_, vol.
-vi. p. 111 (ed. 1870).
-
-[13] The plenipotentiaries for Scotland at Cambray were the Cardinal of
-Lorraine; the Duke of Montmorency; Jacques d'Albon, Marshal of France;
-Morvillier, Bishop of Orleans; and Claude de l'Aubespine, Secretary of
-State.
-
-[14] "A pleasant country village on the north side of the river Tweed,
-within the borders of Scotland, five miles west from Berwick" (Keith,
-108).
-
-[15] "This treaty was finished and drawn up at the Church of Our Lady of
-Upsalinton the 31st of May (1559), and duplicates thereof were delivered
-and exchanged in the Parish Church of Norham, just opposite, on the
-English side of the Tweed, that same day" (_Ibid._).
-
-[16] They told her, "That, by her tolerance, their religion had taken
-such a root, and the number of the Protestants so increased, that it was
-a vain hope to believe that they could be put from their religion,
-seeing they were resolved as soon to part with their lives as to recant"
-(_Sir James Melvil's Memoirs_, p. 25).
-
-[17] His father, the second Earl of Arran, and first Duke of
-Chatelherault, was, it will be remembered, Regent of Scotland from the
-death of James the Fifth, in 1542, until 1554, when he was succeeded by
-Mary of Guise. He was a Lord of the Congregation.
-
-[18] Mr. Froude's _History of England_, vol. vi. pp. 236, 237: "You,"
-said an emissary of the Congregation at Paris to Sir Nicholas
-Throgmorton, "have a queen, and we our prince the Earl of Arran,
-marriageable both, and chief upholders of God's religion. This may be
-the means to unite England and Scotland together, and there is no
-foundation nor league durable nor available but in God's cause."
-
-[19] "If the Queen shall be unwilling to this, as it is likely she will,
-in respect of the greedy and tyrannous Affliction of France; then is it
-apparent that Almighty God is pleased to transfer from her the Rule of
-the Kingdom for the weal of it; and in this time great Circumspection is
-to be used, to avoid the deceits and trumperies of the French. And then
-may the Realm of Scotland consider, being once made free, what means may
-be devised through God's goodness to accord the two Realms, to endure
-for time to come at the Pleasure of Almighty God, in whose Hands the
-Hearts of all Princes be" (Memorial of Certain Points meet for the
-Restoring of the Realm of Scotland to the Ancient Weale, written by my
-Lord Treasurer, with his own Hand, 5 August 1559, Cotton MSS., Keith,
-App. 23).
-
-[20] A Short Discussion of the Weighty Matter of Scotland, August 1559.
-Cotton MSS., Keith, App. 24.
-
-[21] "But now hes God's providence sa altered the case, zea, changed it
-to the plat contrary, that now hes the Frensche taken zour place, and
-we, off very jugement, becum disyrous to have zow in theyr rowme. Our
-eyes are opened, we espy how uncareful they have been of our weile at
-all tymes, how they made ws ever to serve theyr turne, drew ws in maist
-dangerous weys for theyr commodite, and, nevertheless, wad not styck,
-ofttymes, against the natowr of the ligue, to contrak peace, leaving ws
-in weyr. We see that their support, off late zeres, wes not grantit for
-any affection they bare to ws, for pytie they had of our estate, for
-recompense of the lyke friendship schawin to theym in tyme of theyr
-afflictiones, but for ambition, and insatiable cupidite to reygne, and
-to mak Scotland ane accessory to the Crown of France."
-
-[22] "I wald ze should not esteme ws sa barayne of jugement, that we
-cannot forese our awne perril; nor sa foolische, that we will not study
-by all gude means to entertayne that thing may be our safetye; quhilk
-consistes all in the relaying of zour friendships."
-
-[23] "Tak hede ze say not hereafter, 'Had I wist'; ane uncomely sentence
-to procede off a wyse man's mouth."
-
-[24] "We seke nathing but that Scotland may remane, as of before, a fre
-realme, rewlit by hir hyenes and hir ministeres borne men of the sam;
-and that the succession of the Crowne may remane with the lawful blode."
-
-[25] Letter of Maitland of Lethington, "from the original in his own
-hand" (Cotton MSS., Roberston, App. No. II.).
-
-[26] Spotswood, 146. It is needless to say that though Elizabeth may
-have used these words, she was bent on recovering Calais.
-
-[27] "A Convenient Ayd of Men of Warre, on Horse and Foot, to joyne with
-the power of the Scottishmen, with Artailzie Munition, and all others
-Instrumentis of Warre mete for the Purpose, as weall by Sea as by Land."
-
-[28] Conventiones Scotorum contra Reginam Unionem Franciæ et Scotiæ
-designantem, et pro defensione contra Francos (_Foedera_, xv. 569).
-Maitland of Lethington, in the letter in favour of an alliance between
-England and Scotland, from which quotations have just been given,
-proposes that Scotland should help to maintain order in Ireland. "The
-realme of Ireland," he says, "being of natour a gode and fertill
-countrey, by reason of the continewalld unquietnes and lak of policy, ze
-knaw to be rather a burthen to zow then great advantage; and giff it
-were peaceable may be very commodious. For pacification quhayroff, it is
-not unknown to zow quhat service we ar abill to do."
-
-[29] They numbered between seven and eight thousand men. The expedition
-seems to have cost about £230,000 (_Calendar of State Papers, Foreign_,
-1560, Preface, p. ix.).
-
-[30] Keith, 131.
-
-[31] _Foedera_, xv. 593; Keith, 137.
-
-[32] Act. Parl. Scot. ii. 534. The following memorandum, endorsed "the
-manner how the Scottis be divided, 1560," was recently found among the
-MSS. at Longleat, and is now printed in the _Hamilton Papers_, vol. ii.
-p. 748. "The names of all the noblemen temporall and spirituall of the
-congregacion of Scotlande:--The Duke of Chateaurialt; the Erle of Arren
-his sonne; the Lord James priour of St. Andros; the Erle of Arguile; the
-Erle of Glencarne; the Erle of Rothos; the Erle of Sutherland; the Erle
-of Mountithe; the Lorde Riven; the Lorde Boide; the Lorde Offoltrie; the
-Master of Lindsoye; the Master of Maxwell. The lordes and noblemen
-newters:--The Erle of Huntleye; the Erle of Catnes; the Erle of Athell;
-the Erle Marshall; the Erle of Morton and Angus; the Erle of Arrell; the
-Erle of Casiles; the Erle of Eglenton; the Erle of Mountroes; the Lord
-Erskin; the Lord Dromond; the Lord Hume; the Lorde Rose; the Lorde
-Krighton; the Lord Liveston; the Lord Somervall. Dowptfull to whether
-parte they will incline. The lordes of the Quene's partye:--The Erle of
-Bodwell; the Lorde Seton; the Lorde Fleminge; the Lord Semple; the
-Bishopp of St. Andros; the Priour of Collingham; the Abbot of Holly
-Roode Howse; with all the bisshoppes and spiritualtye of the realme. The
-Shires as they be dewided on the one parte and thother:--The Marshe,
-Tividale, Annerdale, Lowden, Sterlingeshire, Galawaye, Caricke, Guile,
-Cunningham, Cliddesdale; all these and the people therein are newters,
-onles a certaine of every shire wich kepe themselfes close. Fife, Angus,
-Arguile, Straterne, and the Mernes; most parte Protestantes. The northe
-land hath promised to take parte, but not yet assured; in whose handes
-standeth litell helpe, wich side so ever they fall into." In Mr. Fraser
-Tytler's _History of Scotland_, vol. ix. p. 425, a paper is printed
-entitled "The Present State of the Nobility in Scotland, 1st July 1592."
-It gives a list of the Scottish peers with a note of whether they were
-Protestant or Catholic, and is well worth comparing with the list in the
-_Hamilton Papers_. In the original, Mr. Tytler says, the names of the
-Catholics are marked in Burleigh's own handwriting.
-
-[33] Mr. Froude quotes a letter from Jewel to Peter Martyr:--"It is of
-the greatest moment that England and Scotland be united; and I trust
-only those may not hinder it who wish well neither to them nor to us"
-(_History of England_, vol. vi. p. 406).
-
-[34] Act. Parl. Scot. ii. 605.
-
-[35] The Queene's Majestie's Answere, declared to Her Counsell,
-concerninge the Requests of the Lords of Scotlande (Keith, 156).
-
-[36] This, however, does not altogether apply to the Darnley marriage.
-Darnley, as grandson of Margaret Tudor, was not only cousin to the Queen
-of Scots, but first prince of the blood in England; and Mary's great
-object in espousing him was to improve her chance of succeeding to the
-Crown of England, to which she was already heir-presumptive. But in
-Scotland the marriage of the queen to a Catholic could not be viewed
-with indifference; and the General Assembly of the Church proceeded to
-declare that the laws against papacy applied to the royal family as well
-as to the subjects: "That the Papisticall and blasphemous masse, with
-all Papistrie and idolatrie of Paip's jurisdictione, be universallie
-suppressed and abolished throughout the haill realme, not only in the
-subjects, but also in the Q. Majestie's awn persone" (_The Booke of the
-Universall Kirk of Scotland_, p. 28).
-
-[37] "Naturallie jonit be blude and habitatioun, of ane relligioun and
-thairby alike subiect to the malice of the commoun enemy, be quhais
-Vnioun na les suretie may be expectit to baith thair esteattis then
-dangear be thair divisioun" (_Band anent the Trew Religioun_, 31st July
-1585; Act. Parl. Scot. iii. 423).
-
-[38] Tractatus Foederis et Arctioris Amititiæ, 5th July 1586 (_Foedera_,
-xv. 803).
-
-[39] Mr. Tytler's view is that one of the chief objects of Elizabeth and
-the English ministers in entering into the League was to make it easier
-to deal with the Queen of Scots. "Two months before," he says, "her
-indefatigable minister, Walsingham, had detected that famous conspiracy
-known by the name of 'Babington's Plot,' in which Mary was implicated,
-and for which she afterwards suffered. It had been resolved by
-Leicester, Burghley, and Walsingham, and probably by the queen herself,
-that this should be the last plot of the Scottish queen and the Roman
-Catholic faction; that the time had come when sufferance was criminal
-and weak; that the life of the unfortunate, but still active and
-formidable, captive was inconsistent with Elizabeth's safety and the
-liberty of the realm. Hence the importance attached to this League,
-which bound the two kingdoms together, in a treaty offensive and
-defensive, for the protection of the Protestant faith, and separated the
-young king from his mother" (_History of Scotland_, viii. 288).
-
-[40] _Calendar of Border Papers_, i. 289, 300.
-
-[41] This letter, which is very long, will be found in Spotswood, p.
-359. "Because," the bishop says, "the Letter contained the very true
-reasons that in end moved his Majesty to forbear violence and take a
-more calm course, I thought meet to set it down word by word, as it
-standeth in the original."
-
-
-
-
-CHAPTER II
-
-THE UNION OF THE CROWNS
-
-
-A few years before the Union of the Crowns, James, in the _Basilikon
-Doron_, that quaint little volume of "Instructions to his dearest sonne,
-Henry the Prince," had alluded to the dangers which were caused by the
-divided state of the island. "As for the Borders," he wrote, "because I
-know, if ye enjoy not this whole Isle, according to God's right and your
-lineal descent, ye will never get leave to brooke this North and
-barrenest part thereof; no, not your own head whereon the crown should
-stand! I need not in that case trouble you with them; for then they will
-be the middest part of the Isle, and so as easily ruled as any part
-thereof." Hitherto a royal marriage had been the favourite plan for
-removing these dangers; but after this we enter upon a series of
-attempts to bring about an Union of a more complete and definite
-character. James came to the throne of England with his mind full of the
-subject. The people of Scotland anticipated the removal of the Court to
-London with dismay. But to the king it opened up a dazzling prospect of
-power and splendour; and he lost no time in proposing the Union, and
-pressing it, in season and out of season, with a persistency which
-brings out, in a remarkable manner, the strong individuality of his
-character.
-
-For some time before the death of Elizabeth, James had been doing his
-best to gain the goodwill of the English people; and as soon as he
-received the official announcement of his accession he directed his
-Privy Council to proclaim the news, not only in order that the fact that
-he was now King of England as well as Scotland should become known, but
-in the hope, as the proclamation expressed it, that there might be
-kindled in the hearts of all Scotsmen "ane loveing and kyndlie
-dispositioun towardis all his Majestie's subjectis inhabitantis of
-England."[42] Nor did he fail to impress this sentiment on the people.
-On the last Sunday which he spent in Scotland he went to the Church of
-Saint Giles, where, when the sermon was ended, he made a speech to the
-congregation. It was regarded as a farewell, and was received with "such
-a mourning and lamentation of all sorts, as cannot well be
-expressed."[43]
-
-"There is no difference," he said, to cheer his weeping subjects,
-"betwixt London and Edinburgh; yea, not so much as betwixt Inverness or
-Aberdeen and Edinburgh, for all our marches be dry, and there are
-ferries between them. But my course must be betwixt both, to establish
-peace, and religion, and wealth betwixt the countries."
-
-The departure of James meant a great deal to Scotland. When the day
-came, and the cannon were booming from the old castle of Edinburgh, the
-citizens assembled in multitudes to gaze at the brilliant company of
-courtiers who were to accompany their king upon his journey to the
-south; but the spectacle was one which excited many fears and few hopes.
-The Union of the Crowns was making great changes. The Court was leaving.
-The queen remained behind with the young Princes and the Princess
-Elizabeth; but it was known that they were soon to follow, and that,
-henceforth, they would live in England. Their old Scottish home, the
-ancient palace of Holyrood, was being dismantled already; and soon
-nothing would remain in the royal apartments, but some stray pieces of
-furniture, and a few yards of faded tapestry. It was true that to
-Scotland there was still left that independence which had been so hardly
-won. The Parliament remained in the same position as before; but a new
-official was spoken of, a Royal Commissioner, who was, in future, to
-represent the sovereign at the meetings of the Estates. The separate
-Scottish Executive, too, was to be continued, in the shape of the Privy
-Council; but it was to be divided into two parts, the one to sit in
-England, and the other in Scotland; and it was evident that, in future,
-the real centre of influence in Scottish affairs would be London.
-
-To some of the Scottish people the future seemed very bright. During the
-reign of Elizabeth, there were seldom so many as a hundred Scotsmen in
-London at any one time. But now politicians like the future Earl of
-Haddington, at that time Lord Advocate Hamilton, saw that in the wide
-field which lay before them, greater things could be done than within
-the narrow bounds of Scotland. George Heriot, who followed the king to
-England, doubtless knew that he could hold his own, and add to his
-wealth, among the merchant princes of London. Gay young men, like Lord
-Dalgarno in _The Fortunes of Nigel_, looked forward to the amusements
-and dissipation of London, and to the chance of filling their empty
-pockets by marriages with English heiresses. And among the humbler
-members of the royal retinue there were not a few adventurers who were
-glad to visit England, and share the spoil with their betters. So great,
-indeed, was the rush of Scotsmen to England, that soon after the
-accession a proclamation was issued that no Scotsman was to cross the
-Tweed, or sail for England, without a passport from the Privy
-Council.[44] But those who remained behind, and especially the tradesmen
-of Edinburgh, who had supplied the Court, saw no chance of gain, but
-rather much risk of loss, in the change which was taking place.
-
-In England, though James himself was received with demonstrations of
-loyalty, his Scottish followers were regarded with mingled contempt and
-hatred. Scotland, it was said, was a land where the nobles were beggars,
-and the merchants were pedlars. The coarsest satire was poured forth
-against the barren and unknown territory from whence the new king had
-come. Indeed it is difficult for us, in the nineteenth century, to
-realise the scornful way in which Englishmen spoke of Scotland, though
-we may form some idea of the language which was used from the specimens
-which have been preserved of what was actually printed, circulated, and
-probably believed at that time. "The air," thus runs one of those
-productions, "might be made wholesome, but for the stinking people that
-inhabit it. The ground might be made wholesome, had they wit to manure
-it. Their beasts be generally small, women excepted, of which sort there
-are no greater in the world.... As for fruits, for their grandam Eve's
-sake they never planted any, and for other trees, had Christ been
-betrayed in this country, as doubtless he should have been, had he come
-as a stranger amongst them, Judas had sooner found the grace of
-repentance than one tree to hang himself on.... The Scriptures, they
-say, speak of elders and deacons, but not a word of deans and bishops.
-Their discourse is full of detraction, their sermons nothing but
-railings, and their conclusion, heresy or treason.... They christen
-without the cross, marry without a ring, receive the Sacrament without
-reverence, die without repentence, and bury without divine service."[45]
-
-And even among those Englishmen who knew that the popular ideas of
-Scotland were erroneous, there was a profound feeling of jealousy lest
-James should fill too many of the places about the Court with his
-countrymen. It was suspected that if he got his own way, almost every
-Scotsman in London would soon be clad in velvet and satin, and wearing a
-costly beaver instead of a blue bonnet; and James took great pains, for
-a long time after his accession, to assure the English courtiers that he
-had no intention of promoting Scotsmen over the heads of Englishmen. "I
-was ever rooted," he wrote to Lord Cranbourne, "in that firm resolution
-never to have placed Scottishmen in any such room, till, first, time had
-begun to wear away that opinion of different nations; and, secondly,
-that this jealous apprehension of the Union had worn away; and,
-thirdly, that Scotsmen had been brought up here at the foot of
-Gamaliel."
-
-Before James had been many days in England he issued a proclamation, in
-which it was announced that there was to be a complete Union of the
-Kingdoms. "In the meane tyme," he said, "till the said Union be
-established, his Majestie doth hereby repute, hold, and esteeme, and
-commandes all His Highnesse subjects to hold and esteeme, both the Two
-Realmes as presently united, and as one Realme and Kingdome, and the
-subjects of both as one People, Brethern, and Members of one Bodye."[46]
-
-The personal peculiarities of James, which amounted to eccentricities,
-his firm belief in the maxims of his own _Basilikon Doron_ and his
-complete abhorrence of the doctrines which Buchanan, in the old days,
-had tried to teach him, are prominent features of the controversy
-concerning the Union. The tenacity with which he clung to his conception
-of the royal prerogative is nowhere more apparent than in his speeches
-and proclamations, and in everything he did for the purpose of
-forwarding his favourite scheme. When the Parliament of England was
-found to be less subservient than he had expected, he pointed to
-Scotland as an example. "This I must say for Scotland," he exclaimed,
-"and may truly vaunt it; here I sit and govern it with my pen. I write,
-and it is done; and by a clerk of the council I govern Scotland now,
-which others could not do by the sword." These were not altogether idle
-words; but it would have been wiser to refrain from boasting of a
-supremacy such as the proudest of the Tudors had never ventured to
-claim.
-
-In the formidable contest against the national prejudices of Englishmen,
-on which he was about to enter, James secured a powerful ally. Bacon had
-been one of those who received the honour of knighthood on the day of
-the coronation; and he lost no time in taking the king's side on the
-question of the Union, which he supported with the subtilty of a
-scholiast, and with the broad views of a statesman and philosopher. To
-the debates in Parliament, to the Council Board of the Commission on
-Union, to the famous discussion, in the Exchequer Chamber, on the
-question of the post-nati, he brought all the resources of his mind, and
-threw himself into the struggle with an enthusiasm which could not
-possibly have been feigned. He played the part, though without success,
-which was afterwards played by Somers in the reign of Anne; and he
-seems, from the very first, to have perceived with the eye of genius
-exactly how far it was safe to go in the direction of abolishing
-international distinctions.
-
-His first contribution to the cause of the Union was to impress upon the
-king the exact state of the case, and what were the various points which
-would have to be decided. The kingdoms were, he showed, already united
-in religion and in language. No sea rolled between them. The same king
-reigned over both. But, nevertheless, there were separate Parliaments,
-separate Councils of State, and separate offices of the Crown. There was
-one peerage for England, and another for Scotland. There were two very
-different systems of law, and each country had its own peculiar code of
-legal procedure. All these various institutions, and, in addition, a
-mass of minor details of greater or less importance, would have to be
-considered in adjusting the terms of Union.[47]
-
-On the knotty question of whether there should be an uniformity of laws,
-Bacon, from the outset, in opposition to the opinion of the judges and
-of the majority of English lawyers, maintained that, while the public
-law of the United Kingdoms should be assimilated, the private law of
-each country should be left untouched; a conclusion which was arrived at
-a century later, when the Union was actually accomplished. "For," he
-said, "that which concerneth private interest of _meum_ and _tuum_, in
-my opinion, it is not at this time to be meddled with. Men love to hold
-their own as they have held, and the difference of this law carrieth no
-mark of separation."[48]
-
-But before a single step could be taken, the two Parliaments had to be
-consulted. James shrewdly calculated that if the Parliament of England
-could be gained, the Scottish Estates would readily agree to his
-wishes. He accordingly wrote to the Privy Council of Scotland, in
-January 1604, informing them that the English Parliament was to meet in
-March, when the project of an Union would be discussed, and telling them
-to call the Scottish Parliament together about the end of April; and he
-gave express commands that no subject except the Union was to be
-considered. If the Estates agreed, as he assumed they would, to the
-desirability of an Union, they were to appoint commissioners to meet
-with commissioners who would, by that time, have been appointed by the
-Parliament of England.[49]
-
-The English Parliament met on the 19th of March. The speech in which
-James recommended the Union was long, and had evidently been prepared
-with great pains. What God had joined, he urged, no man should put
-asunder. "I am the husband," he said, "and the whole island is my lawful
-wife. I am the shepherd, and it is my flock. I hope, therefore, no man
-will be so unreasonable as to think that I, that am a Christian king
-under the gospel, should be a polygamist and husband of two wives."
-Apart from some grotesque illustrations such as this, the speech was
-well worthy of the occasion. But the king's proposals were not cordially
-received; and it was only under considerable pressure that, at a
-conference of both Houses, a Commission was appointed. At the head of
-the Commission was Lord Chancellor Ellesmere; and among the members were
-Robert Lord Cecil and Sir Francis Bacon. They were empowered to consult
-with commissioners to be appointed by the Parliament of Scotland
-concerning an Union of the Kingdoms, and such other matters as, upon
-mature deliberation, should appear necessary for the honour of his
-Majesty and the common good of both realms.
-
-The Scottish Parliament, which had been summoned to meet in April in
-order that it might approve of the Union and appoint commissioners, was
-prorogued from time to time, and did not meet for business until the
-beginning of July, when the Estates assembled at Perth.
-
-James had directed the Scottish ministers to make the Union the only
-subject of deliberation, and had also promised that the expenses
-incurred by the commissioners from Scotland would be defrayed out of his
-own purse. The Estates, however, had no sympathy with the policy of the
-king. The nobles grumbled among themselves, and would fain have
-resisted. But the royal orders were peremptory; and thirty-two
-commissioners were appointed to "confer, treat, and consulte upon a
-perfyte Unioun of the realmes of Scotland and England."[50] The first
-name on the Commission was that of John, Earl of Montrose, Lord
-Chancellor of Scotland; and among his colleagues were a number of
-distinguished men. Alexander Seton, then known as Lord Fyvie, was
-afterwards the first Earl of Dunfermline. James Elphinstone, Secretary
-of State, had recently been raised to the peerage as Lord Balmerino, a
-title associated, in Scottish history, with a long series of family
-misfortunes, which culminated in the execution of his descendant, the
-last lord, after the Rebellion of 1745. Sir Thomas Hamilton, whom James
-nicknamed "Tam o' the Cowgate," was then Lord Advocate, and, after
-holding almost every great office of State in Scotland, became Earl of
-Haddington in the reign of Charles the First. Another place in the
-Commission was occupied by Sir Thomas Craig of Riccarton, author of the
-_Jus Feudale_, whose Latin history of the Union, which has never been
-published, is preserved in the Library of the Faculty of Advocates.
-
-Some of the terms which occur in the Act appointing these commissioners
-are such as to suggest the idea that James himself had been the
-draughtsman. The Estates, in language not usually to be found in the
-statute-book, declare that the Act is passed in order that "as the
-present age is ravished in admiration with an so fortunate beginning, so
-that the posterity may rejoice in the fruition of such an effectual
-Union of two so famous and ancient Kingdoms, miraculously accomplished
-in the blood and person of so rare a monarch."
-
-But the Estates, while ready to lavish praise on the king, were
-determined that the Union was not to interfere with the independence of
-Scotland. It was noticed that while the English Act for the Union
-contained a clause declaring that his Majesty had no intention of
-altering the fundamental laws and customs of England, nothing had been
-said as to preserving the laws and customs of Scotland. This was
-regarded as suspicious; and there was inserted in the Scottish Act a
-provision that the commissioners were to take care that nothing was done
-which was inconsistent with the ancient rights and liberties of
-Scotland.[51]
-
-There was also passed, at the same time, a statute which provided that
-the Commissioners on Union should have no power to treat "in any manner
-of way that may be hurtful or prejudicial to the religion presently
-professed in Scotland."[52]
-
-The commissioners, who had thus been appointed by the Parliaments, were
-summoned to meet in the Painted Chamber at Westminster in October.[53]
-But James, too impatient to await the result of their deliberations, and
-resolved to carry matters with a high hand, issued a long and wordy
-proclamation, in which he stated that he thought fit to abolish the
-names of England and Scotland, and to assume, "by the force of our royal
-prerogative," the title of King of Great Britain, France, and
-Ireland.[54] This title was to be used in all public documents. The
-Borders were in future to be known as the Middle Shires. A flag was to
-be prepared bearing the Cross of Saint George and the Cross of Saint
-Andrew. New coins, with such mottoes as "Quæ Deus conjunxit nemo
-separet," and "Henricus rosas Jacobus regna," were to be struck at the
-Mint in honour of the Union.
-
-This proclamation was most unpopular in both England and Scotland. The
-judges were of opinion that the adoption of the title of King of Great
-Britain would invalidate all legal processes.[55] The king soon found
-that he had gone too far; and, after a time, he consented to wait until
-his wishes could be accomplished with the sanction of Parliament.
-
-On the 20th of October, the Commissioners on Union met at Westminster.
-"A grave and orderly assembly," is the account which Bacon gives of
-them. On the English side the lead was taken by Bacon and Cecil; while
-of the Scottish commissioners, Sir Thomas Hamilton and Lord Fyvie seem
-to have been the most prominent. It was soon evident that the Scottish
-peers were afraid that the Union would diminish their own power, and
-indifferent to the commercial advantages which it would confer upon
-their country. The commoners from Scotland also had their doubts about
-the Union. They entirely failed to appreciate the benefits of the
-colonial trade which it would open up; and they seem to have resented,
-to an extent which blinded their judgments, the removal of the Court to
-London.
-
-The English commissioners also put obstacles in the way of an
-agreement. Against the advice of Bacon, but with the support of the
-judges, they insisted on an uniform system of laws for the two
-countries; a proposal to which the representatives of Scotland would not
-listen.[56] They also maintained that it was unreasonable that Scotsmen
-should be made capable of holding offices under the Crown in England;
-and on this point there was a keen argument.
-
-After a series of discussions, which lasted for about five weeks, Bacon
-and Sir Thomas Hamilton were instructed to embody the findings of the
-commissioners, in the form of a Treaty of Union, for the approval of the
-Parliaments. "It is curious now," says Professor Masson, "to imagine the
-great English philosopher and 'Tam o' the Cowgate' thus seated together,
-for perhaps two or three evenings, over the document which was to
-descend to posterity as the draft Treaty of Union between England and
-Scotland, and to speculate how shrewdly 'Tam o' the Cowgate' must have
-looked after the substance of the document, while he may have deferred
-to Bacon's superior expertness in strictly English idiom and
-wording."[57]
-
-The Articles of Union, as finally settled, stood thus. All hostile laws,
-and, in particular, the Border laws, were to be repealed. The name of
-the Borders was to be abolished. There was to be complete freedom of
-trade between England and Scotland; and as regarded foreign commerce
-both countries were to stand on the same footing. On the difficult point
-of naturalisation, the commissioners recommended that an Act should be
-passed to declare that all subjects of both countries born since the
-death of Elizabeth, that is to say the "post-nati," were, by common law,
-entitled to the privileges of subjects in both countries. The
-"ante-nati," or subjects born before the death of the late queen, were
-to enjoy the same privileges, not at common law, but under an Act of
-Parliament passed on their behalf. But the ante-nati were not to be
-capable of holding offices under the Crown or sitting in Parliament,
-except in the country of their birth. In short, the post-nati were to be
-fully naturalised; but the ante-nati were not to have a share in the
-government or the legislature.
-
-This question of naturalisation, with the distinction drawn between the
-post-nati and the ante-nati, is, in our day, only one of faint
-antiquarian interest; but it was then a question of practical everyday
-importance. The law officers of the Crown had given an opinion that the
-post-nati of Scotland were not aliens in England, but that the
-ante-nati were; and this had led the Union Commissioners to suggest that
-both should be placed on the same footing, with the exception, which has
-just been mentioned, that the ante-nati should be declared incapable of
-holding office. At this point James raised an objection. He protested
-that he had no desire to give offices of State except to the natives of
-the country in which the office was to be exercised. He agreed to the
-proposal of the commissioners; but, at the same time, he insisted that
-the clause dealing with the question of naturalisation should be so
-worded as to recognise a right on the part of the sovereign to grant
-letters of denization. This, of course, was a palpable evasion of the
-proposed finding, and would leave him free to do as he pleased.
-Nevertheless, the commissioners recommended that, in the Articles of
-Union, the prerogative of the Crown as to appointing to offices in
-either kingdom, and as to granting letters of denization, should be
-specially reserved.
-
-The Articles of Union were signed and sealed by the commissioners on the
-6th of December, and at once presented to the king. James was in high
-spirits. He thanked the commissioners warmly for their services, and
-especially for their conduct in reserving his prerogative of appointing
-to offices in either kingdom. "Among other pleasant speeches," says
-Bacon, "he showed unto them the laird of Lawreston,[58] a Scotchman, who
-was the tallest and greatest man that was to be seen, and said, 'Well,
-now we are all one, yet none of you will say, but here is one Scotchman
-greater than any Englishman'; which was an ambiguous speech, but it was
-thought he meant it of himself."
-
-The Governments in both countries began to make arrangements for the
-approaching Union. A warrant was issued for destroying the Great and
-Privy Seals of Scotland; and new seals were made with the arms of
-England, Scotland, and Ireland quartered on them.[59] Agents were sent
-to France to investigate the privileges held by Englishmen and Scotsmen
-as to the French trade, and arrange for the future. An order was issued
-which illustrates the position of affairs between the countries.
-Scotsmen were constantly going abroad to serve in the foreign armies.
-They were in the habit of passing through England, and, on their way,
-they often were guilty of disorderly conduct, such as robbing on the
-highways, and committing other outrages, which raised a bad feeling
-against their country. It was therefore ordered that, in future, all
-Scotsmen going abroad were to embark from Scotland, instead of passing
-through England.[60]
-
-A long time, however, was to pass before the subject of the Union was
-discussed by the Parliaments. The English Parliament had been summoned
-for the 5th of November 1605, when the articles were to have been
-debated. But the discovery of the Gunpowder Plot threw everything else
-into the shade; and though the Treaty of Union was presented, nothing
-more was done.
-
-At last, when the Parliament of England met in November 1606, it was
-understood that the session was to be chiefly devoted to the Scottish
-question. The Articles of Union were known; and there was a storm of
-opposition from the merchants of London. Objections were raised to the
-admission of Scotsmen as members of English trading companies. There was
-also a strong dislike to allowing free trade between England and
-Scotland. The Scots, it was said, would come and go as they pleased, and
-fulfil or break their bargains just as it suited them. The English
-traders, moreover, wished a heavy duty to be imposed on cloth entering
-Scotland, because Scotland had, for a long time, been favoured in the
-custom duties which she paid in France; and this, along with other
-privileges she enjoyed in that country, might enable her to monopolise
-the trade in cloth with France. It was soon found that the dislike to
-the Union extended to every class throughout the country. There was a
-general fear that every district, and every calling, would be overrun
-with needy Scotsmen. The Articles of Union, it was said, would open to
-Scotsmen not only trade, but the Church, the universities, and the
-highest offices of State. They would fill, it was predicted, the best
-stalls in every cathedral in England; Latin would be taught at Oxford
-and Cambridge by the countrymen of Buchanan, whose scholarship not even
-English jealousy could venture to deny; and the tireless energy of
-ambitious Scottish politicians would secure the most lucrative places in
-the Government.
-
-In Parliament, and especially in the House of Commons, these complaints
-were echoed. Sir Christopher Piggott, one of the members for
-Buckinghamshire, rose one day, and, speaking with his hat on, launched
-into a torrent of abuse against the idea of an Union with the Scots,
-who, he shouted, were murderers, thieves, and rogues who had not
-suffered more than two of their kings to die peaceably in their beds
-during the last two hundred years. The Commons, either from sympathy or
-in surprise, received this tirade in silence. But James, when he heard
-of it, was indignant; and Piggott was expelled from the House and
-committed to the Tower.[61]
-
-In this spirit the debates, which began in February 1607, were conducted
-by the opponents of the Union. The first question which came up was the
-question of naturalisation. The speech of the member who opened the case
-against the proposals of the Union Commissioners consisted of an attack
-on Scotland and the Scots; and his chief argument against the Union was
-that if a man owned two pastures, the one fertile and the other barren,
-he would not, if he was a wise man, pull down the hedge, and allow the
-lean and hungry cattle to rush in and devour the rich pasture.
-
-Bacon led on the other side. The grand idea of an orderly and
-well-balanced Union of the two kingdoms had fascinated his imagination.
-In moderate language, and in his most lucid manner, he answered his
-opponents, and expounded his own reasons for advising the Parliament of
-England to naturalise the Scottish nation. There were, he said, three
-objections to doing so. In the first place, it was thought that if the
-Scots were no longer aliens, they would settle in England in such
-numbers that the country would be over-populated. But, he answered, four
-years had passed since the Union of the Crowns, which was "the greatest
-spring-tide for the confluence and entrance of that nation"; and during
-these four years the only Scotsmen who had come to live in England were
-those immediately connected with the Court. Again, England, he declared,
-was not yet fully peopled. London was overcrowded; but the rest of the
-country showed signs of a want of inhabitants, in the shape of swamps
-and waste places. The Commons themselves might bear in mind "how many of
-us serve here in this place for desolate and decayed boroughs." And,
-besides, what was the worst effect which could follow too great an
-increase of the population? Nothing more than some honourable war for
-the enlargement of our borders.
-
-The second objection to naturalising the Scots was that the laws of
-England and Scotland were different, that the Articles of Union left
-them different, and that it was unreasonable to admit the Scots to the
-privileges of English citizens without making them adopt the laws of
-England. But, he argued, naturalisation must come first. The inhabitants
-of Ireland, of the Isle of Man, and of Jersey and Guernsey, had the
-benefits of naturalisation; but the laws of England were not yet in
-force among them. An union of laws might be brought about both in these
-places and in Scotland, but only in course of time.
-
-The third objection was that there was so much inequality between
-England and Scotland that the Union would not be fair to England. This
-inequality, Bacon declared, consisted only in gold and silver, the
-external goods of fortune. "In their capacities and undertakings," he
-said, "they are a people ingenious, in labour industrious, in courage
-valiant, in body hard, active, and comely." If Scotland was, after all,
-to gain by the Union, then England might find that it was more blessed
-to give than to receive.
-
-Having thus answered the objections to naturalisation, he next
-maintained that if naturalisation did not follow the Union of the
-Kingdoms under the same Crown, danger would be the result. History, he
-argued, teaches us that whenever kingdoms have been united by the link
-of the Crown alone, if that union has not been fortified by something
-more, and most of all by naturalisation, separation takes place. The
-Romans and the Latins were united; but the Latins were not made citizens
-of Rome. War was the result. Sparta was ruined by attempting to maintain
-a league with States whose peoples she jealously regarded as aliens. The
-history of Aragon and Castile, of Florence and Pisa, taught us the same
-lesson. And on the other hand, we find that where States have been
-united, and that union strengthened by the bond of naturalisation, they
-never separate again.
-
-He ended his speech by saying that, in future times, England, "having
-Scotland united and Ireland reduced," would be one of the greatest
-monarchies in the world.[62]
-
-But this appeal was unheeded by the House; and though Coke brought all
-his great authority as a common lawyer to the same side as Bacon, the
-members would not be convinced. James on two occasions expostulated with
-them. He said he was willing, if it would help on the Union, to live one
-year in Scotland and another in England, or to live at York, or on the
-Borders. But the Commons were intractable, although the Lords were ready
-to agree to the Union, and to the naturalisation of the Scots.
-
-Something, however, was accomplished. The questions of trade and of
-naturalisation were left unsettled; but an Act was passed which gave
-effect to the first part of the Treaty of Union, by repealing a number
-of statutes hostile to Scotland (such as those which forbade the leasing
-of lands to Scotsmen, and the exporting of arms or horses to Scotland),
-on condition that the Scottish Parliament, when it met, was to repeal
-the Scottish Acts, of a similar nature, which were hostile to
-England.[63]
-
-With this small concession James had to be contented; and at the
-beginning of July he dismissed the Parliament, but not without a
-farewell warning that the Union was, in the long-run, inevitable. "These
-two kingdoms," he said, "are so conjoined that, if we should sleep in
-our beds, the Union should be, though we would not. He that doth not
-love a Scotsman as his brother, or the Scotsman that loves not an
-Englishman as his brother, he is traitor to God and the king."
-
-The Scottish Parliament met in the first week of August. The Scots were,
-on the whole, rather proud to think that their king had gone to rule
-over England. Yet the old wrongs could not easily be forgotten, and it
-is probable that the Estates were very nearly as much against the Union
-as the House of Commons was. The Privy Council had, some months before,
-given the king a hint of this;[64] and a trivial circumstance may be
-mentioned to show how jealous the Scots were of England. A pattern of
-the new flag which James had ordered to be prepared for the United
-Kingdom, had been sent from England; and great offence had been taken
-when it was found that the Cross of Saint Andrew was covered, and, it
-was said, hidden by the Cross of St. George. Scottish seamen, the king
-was told, could not be induced to receive the flag.[65]
-
-There can be little doubt that most Scotsmen sympathised with the
-national feeling which this trifling incident disclosed. But the private
-opinion of a member of the Scottish Parliament was one thing, and his
-public conduct was another. The Estates were submissive to the royal
-will. The Articles of Union were agreed to; and all the laws hostile to
-England were repealed.[66]
-
-Thus, so far as it lay within the power of the Scottish Parliament, the
-king had got what he wanted. All that remained was for the English
-Parliament to be equally complaisant; and the kingdoms would have been
-united in 1607 instead of a century later. But it was not to be. In
-neither country was there any genuine desire for union. The free
-traditions of the House of Commons enabled the members to say what they
-thought; and the subject, gradually dropping out of sight, was not again
-seriously debated during the reign of James. The antiquary may still
-inspect a brown and shrivelled parchment which is preserved in the
-Register House at Edinburgh, all that remains of the Treaty of 1607. The
-time had not yet come when the Parliaments of the two nations were to
-see that it was impossible for the resources of Scotland to be developed
-while she remained separate from England, and that it was equally
-impossible for England to attain a position of permanent security so
-long as Scotland remained poor and discontented, debarred, by commercial
-restrictions, from the advantages of trade with the colonies and with
-England, and with no outlet for that splendid energy of her people
-which, after the Union, changed the Lothians from a desert to a garden,
-made Edinburgh famous throughout Europe as a school of letters, and
-founded on the banks of the Clyde one of the great commercial cities of
-the world.
-
-The question of naturalisation, which could not be left undecided, was
-settled by the judges in a test case in the law courts. The action
-related to a tenement in Shoreditch, and the point at issue was whether
-the plaintiff, a child born in Scotland since the Union of the Crowns,
-was an alien, and, therefore, not entitled to bring an action for real
-property in England. Bacon was the leading counsel for the plaintiff;
-and the most important opinion was delivered by Lord Chancellor
-Ellesmere. The Court, by a majority, found for the plaintiff, holding
-that all the post-nati, or persons born in Scotland since the Union of
-the Crowns, were naturalised and entitled to all the rights of
-Englishmen in England. The ante-nati, those born in Scotland before the
-accession of James, still remained in the position of aliens.[67]
-
-The effects of the removal of the Court to London were apparent in
-Scotland for many years to come. The houses of the nobles and the gentry
-were neglected. Gardens and pleasure-grounds, which had begun to appear
-in some places, were allowed to run to waste. The inns, poor at all
-times, fell into ruins. Merchants found their business at a standstill;
-and the shipping trade languished. What made all this peculiarly galling
-to the Scottish people was that England, though not occupying under the
-Stuarts the lofty position which she had occupied under the Tudors, was,
-year after year, enlarging her bounds and adding to the sources of her
-wealth. On the southern side of the Borders, the industries of Yorkshire
-were showing signs of what they were to become. The East India Company,
-now firmly established, was extending its operations. Far across the
-seas Nova Scotia was colonised by Scotsmen whom poverty had driven from
-their homes; and the plantations of Virginia became a rich addition to
-the resources of the English Crown. And besides suffering from the evils
-of poverty, Scotland was harassed almost from the day on which James
-ascended the throne of England by those ecclesiastical disputes which
-plunged the country into so much misery during the seventeenth century.
-
-The king had been compelled, by the force of public opinion in England,
-to abandon the Union. But with the object to which he devoted the rest
-of his life even those Englishmen who doubted the wisdom of his policy
-were inclined to sympathise. The Scottish Reformation, unlike that of
-England, had been the work of the aristocracy, in opposition to the
-Crown. It had, at the same time, been a deeply religious movement; and
-these two forces, working together, had developed, as the distinguishing
-features of the Reformed Church of Scotland, a denial of the royal
-supremacy in ecclesiastical affairs, and the assertion of the spiritual
-independence of the Church. Sir James Mackintosh has said that the
-peculiar theories of Berkeley were a touch-stone of metaphysical
-sagacity, meaning, apparently, by this phrase, that those who were
-without it could not understand the meaning or the tendency of those
-theories. In like manner, spiritual independence is the touch-stone of a
-capacity for understanding the history of the Scottish Church. The words
-"spiritual independence" expressed for Scotsmen what was, on the one
-hand, a part of their constitutional law, set forth in the statutes of
-the realm, and on the other hand, an article of faith, received by the
-people as an essential part of their religion, involving the principle
-of loyalty to the great founder of the Christian faith, as the only head
-of the Church. They believed--and for this belief thousands laid down
-their lives--that there were two authorities, the one civil and the
-other spiritual. Both were based upon a divine sanction; and each was to
-be obeyed within its own sphere. The civil magistrate was to bear rule
-and to be obeyed in civil affairs; but if he attempted to interfere with
-the spiritual jurisdiction of the Church, he was to be resisted to the
-death. This principle of spiritual independence, which, neither at the
-Union of the Crowns, nor at the Union of the Kingdoms, nor during that
-memorable crisis which, in the middle of the nineteenth century, rent
-asunder the Church of Scotland, Englishmen were able to understand, was
-taught in the first Confession of Faith drawn up by the Scottish
-Reformers, and laid before the Estates in 1560.[68] After some years,
-when the long controversy between the king and the Church had begun, the
-two jurisdictions, civil and ecclesiastical, were still more carefully
-defined.[69]
-
-Principles such as these were intolerable to James. By the law of
-England the king was head of the Church; and it was, therefore, his
-policy to introduce an uniformity of ecclesiastical government over the
-whole island. For more than twenty years before the Union of the Crowns
-he had been engaged in fighting the Scottish clergy. Sometimes he won,
-and sometimes he was defeated. The great point at issue was whether the
-Scottish Church was to be Presbyterian or Episcopal; for he had found
-that if the Presbyterian system was allowed to exist, the royal
-supremacy would never be acknowledged in Scotland. Accordingly he came
-to the throne of England with a firm resolution that he would use his
-new position so as to secure the establishment of Episcopacy in the
-north; and, though he artfully concealed it, we may be sure that one of
-his chief reasons for proposing the Union was that he believed it would
-be followed by the accomplishment of this object. Henceforth the policy
-of extending the Anglican system to Scotland became the hereditary
-policy of the Stuarts. Three years after the Union of the Crowns, the
-boldest leaders of the clergy having been driven into exile, the
-Scottish Parliament acknowledged the royal supremacy over all persons
-and all causes. It was not long before Episcopacy was established; and
-James had the gratification of seeing a few of his new bishops humbly
-consenting to receive consecration from the hands of English prelates,
-and returning to Scotland to confer upon their brethren the virtues of
-the apostolical succession. But the system which was thus set up had no
-hold upon the people. It would be impossible to point out in the
-catalogue of Scottish bishops the names of a dozen men who were either
-popular, or famous for learning, or eminent on account of their public
-services. The history of Christendom contains no story so humiliating as
-the story of Prelacy in Scotland during the seventeenth century.
-
-The real meaning of the struggle between the Scottish people and the
-English Government which followed the Union of the Crowns cannot be
-understood unless we remember that, for most of those who suffered, the
-question at issue was a question of conscience. It is easy to find upon
-the surface of these events the materials from which to construct an
-explanation of a different kind. Envy at the sight of so much power in
-the hands of the priesthood, and the love, so strong in the Scottish
-character, of freedom from control, might influence some. But no one who
-looks below the surface, or reads the history of that period with an
-impartial mind, can fail to perceive that what brought the people of
-Scotland into a position of such stern antagonism to the English system
-of Church government, and, still more, what kept them there, was the
-fact that to accept Episcopacy was to give up spiritual independence, to
-admit the royal supremacy, and to abandon the principle of a divine
-head of the Church. It was for that principle that men and women died
-during the period between the Restoration and the Revolution, and not
-merely in defence of one form of Church government against another. And
-in the meantime, during the first half of the seventeenth century, it
-was the obstinate and persistent tyranny of James, and the infatuation
-of Charles the First and his advisers, which roused that memorable
-outburst of national resentment which scattered their policy to the
-winds. An uniformity in Church government and in ritual was the end
-aimed at by Charles and Laud. That end was, indeed, so far accomplished;
-but not by them. Having resolved to extend the Anglican system
-permanently to Scotland, they lived just long enough to see the Scottish
-system on the point of being extended to England, and the two kingdoms
-suddenly bound together by that solemn league which, conceived, though
-it may have been, in a spirit of intolerance, was nevertheless, for more
-than two generations, the watchword of the Whigs of Scotland, who
-afterwards, through the years of darkness and tempest, held high the
-blue banner of the Covenants, the rallying-point of Scottish freedom.
-
-During a few years the Presbyterian Church was established, and the
-ecclesiastical affairs of Scotland were administered in accordance with
-the long-cherished aspirations of the native clergy. But the alliance
-between the English Parliament and the Scottish Parliament and Church
-did not long survive the execution of Charles. Their ideas had always
-been different. "The English were for a civil league, we for a religious
-covenant," Baillie had written six years before. The Scottish Parliament
-protested against the execution. The Scottish Church was willing to
-receive Charles the Second, if he would declare himself a Presbyterian
-and sign the Covenants. "If his Majesty," Baillie writes, "may be moved
-to join with us in this one point, he will have all Scotland ready to
-sacrifice their lives for his service." Charles consented. He subscribed
-the Covenants, and bound himself, by an oath, to maintain the
-Presbyterian Church. But the royal cause was hopeless. Cromwell's
-victory at Dunbar was a crushing blow; and the battle of Worcester left
-Scotland at the mercy of the English army.
-
-FOOTNOTES:
-
-[42] _Register of the Privy Council of Scotland_, vi. 553.
-
-[43] Spotswood, 476.
-
-[44] _Register of the Privy Council of Scotland_, vi. 602.
-
-[45] Satire against Scotland, 1617; _Abbotsford Miscellany_, i. 297.
-
-[46] _Foedera_, xvi. 506.
-
-[47] A brief discourse of the Happy Union of the Kingdoms of England and
-Scotland, dedicated in private to His Majesty, 1603; Certain Articles or
-Considerations touching the Union, collected and dispersed for His
-Majesty's better service.
-
-[48] A Preparation towards the Union of the Laws of England and
-Scotland.
-
-[49] _Register of the Privy Council of Scotland_, vi. 596.
-
-[50] Act. Parl. Scot. iv. 263, 11th July 1604.
-
-[51] Act. Parl. Scot. iv. 264.
-
-[52] Act in favour of the liberties of the Kirk, 11th July 1604, Act.
-Parl. Scot. iv. 264. Balmerino, in sending to Cecil an account of the
-proceedings of the Estates regarding the Union, expresses the hope that
-the Scottish people will prove equally tractable (_Calendar of State
-Papers, Domestic_, 1603-1610, p. 132).
-
-[53] _Foedera_, xvi. 600.
-
-[54] Proclamatio pro Unione Regnorum Angliæ et Scotiæ, 20th October 1604
-(_Foedera_, xvi. 603).
-
-[55] _Calendar of State Papers, Domestic_, 1603-1610, p. 103.
-
-[56] "Amongst these commissioners there grew a question, whether there
-could be made an Union of the Kingdoms by raising a new Kingdome of
-Great Britaine, before there was an Union of the Lawes. Which question,
-by the King's commandment, was referred to all the Judges of England in
-Trinity Terme, Anno 2 Jac., who unanimously resolved (I being then
-Attorney General and present), that Anglia had lawes, and Scotia had
-lawes, but this new erected Kingdome of Britannia should have no law.
-And, therefore, where all the judiciall proceedings in England are
-secundum legem et consuetudinem Angliæ, it could not be altered secundum
-legem et consuetudinem Britanniæ, untill there was an Union of the lawes
-of both Kingdomes; which could not be done but by Authority of
-Parliament in either Kingdome" (Coke's _Institutes_, part iv. cap. 75).
-On one point connected with the legal system of Scotland, James
-displayed greater foresight than even the Whigs of 1707. "The greatest
-hinderance," he says in the _Basilikon Doron_, "to the execution of our
-lawes in this countrie, are these heritable Sheifdomes and Regalities,
-which being in the hands of the great men, doe wracke the whole
-countrey." And then he recommends his son to look forward to a time when
-he might be able to abolish them, and introduce the English system;
-"Preassing with time, to draw it to the lawdable custome of England;
-which ye may the easilier doe, being King of both, as I hope in God ye
-shall." The Heritable Jurisdictions, a curse to Scotland, were not
-abolished until after the second Jacobite Rebellion.
-
-[57] Introduction to the Treasury Edition of the _Register of the Privy
-Council of Scotland_, edited by Professor Masson, vol. vii. p. xxxii.
-
-[58] Sir Alexander Straton of Lauriston.
-
-[59] _Register of the Privy Council of Scotland_, vii. 54, 464.
-
-[60] _Ibid._ 130.
-
-[61] Commons Journals, 13th February 1607.
-
-[62] A speech used by Sir Francis Bacon, Knight, in the Honourable House
-of Commons, Quinto Jacobi, concerning the Article of the General
-Naturalization of the Scottish Nation.
-
-[63] Act for the utter abolition of all memory of hostility, and the
-dependents thereof, between England and Scotland, 4 Jac. i. cap. i.
-
-[64] "Thair be amang us not a few of the best sorte who ar als aliene
-from it as ony of the lower House, and hes moir just causis to be
-discontented with so easie obliterating of begane wrongis." (The Privy
-Council to the King, 3rd March 1607, _Register_, vii. 513.)
-
-[65] _Register of Privy Council_, vii. 498.
-
-[66] Act anent the Unioun of Scotland and England. Act. Parl. Scot. iv.
-366.
-
-[67] _Calvin_ v. _Smith_, the case of the Post-nati, or of the Union of
-the Realm of Scotland with England; Trin. 6 James I. A.D. 1608, State
-Trials, ii. 559; The argument of Sir Francis Bacon, in the case of the
-Post-nati of Scotland, in the Exchequer Chamber, before the Lord
-Chancellor, and all the Judges of England, Nov. 1608.
-
-[68] Thus the eleventh article of this Confession, which treats of the
-Ascension, contains these remarkable words: "The remembrance of quhilk
-day, and of the Judgement to be executed in the same, is not onelie to
-us ane brydle whereby our carnal lustes are refrained, bot alswa sik
-inestimable comfort, that nether may the threatning of wordly Princes,
-nether zit the feare of temporal death and present danger, move us to
-renounce and forsake that blessed societie, quhilk we the members have
-with our head and onelie Mediator Christ Jesus, whom we confesse and
-avow to be the Messias promised, the onelie head of his Kirk, our just
-Laugiver, our onelie hie Priest, Advocate and Mediator. In quhilk
-honoures and offices, gif Man or Angel presume to intrude themself, we
-utterlie detest and abhorre them, as blasphemous to our Soveraine and
-supreme Governour Christ Jesus." The twenty-fifth article is entitled,
-"Of the Civil Magistrate"; and these two articles, when read together,
-contain the germ of the Scottish idea of an Established Church. This
-Confession was ratified by the Estates in 1567, Act. Parl. Scot.
-
-[69] "This power ecclesiasticall flowis immediatlie frome God, and the
-Mediator Chryst Jesus, and is spirituall, not having ane temporall heid
-on eirth, bot onlie Chryst, the onlie spirituall King and Gouernour of
-his Kirk;" "It is ane title falslie usurpit be Antichrist, to call
-himself heid of the Kirk, and aucht not to be attributit to angell or to
-mane, of what estait soeuir he be, saiffing to Chryst, the Heid and
-onelie Monarche in this Kirk;" "As the ministeris and vtheris of the
-ecclesiasticall estait, ar subiect to the magistrat ciuillie, swa aucht
-the persone of the magistrat be subiect to the Kirk spirituallie, and in
-ecclesiasticall gouernment. And the exercise of bayth thais
-jurisdictionis can not stande in ane persone ordinarlie" (Headis and
-Conclusionis of the Policie of the Kirk, cap. i.). This statement of
-principles, usually called the "Second Book of Discipline," was
-promulgated by the Church of Scotland in 1578.
-
-
-
-
-CHAPTER III
-
-THE UNION DURING THE COMMONWEALTH
-
-
-When the battle of Worcester was fought exactly a year had passed since
-the battle of Dunbar. The events of that year were not such as to
-reconcile Scotland to the Union which was now proposed by the Government
-of England. All trade between the two countries had been forbidden.
-Edinburgh had been taken, the royal palace of Holyrood, turned into
-barracks, had been set on fire through the carelessness of the soldiers,
-and almost totally destroyed. The churches had been desecrated, their
-pulpits and seats torn down and used as firewood. The edifice which
-George Heriot had directed his executors to raise for the benefit of the
-poor of Edinburgh was seized, while still in the builder's hands, and
-turned into a military hospital. The castle had been surrendered into
-the hands of the invader. In the Parliament House, English troopers
-prayed and preached. The garrison of Stirling Castle had capitulated;
-the public records of the kingdom had been removed to the Tower of
-London; and the whole country south of the Forth and Clyde was subdued.
-Dundee held out to the last; but just two days before the battle of
-Worcester the town was stormed by Monk.
-
-The slaughter at Dundee, and the news brought home by those who had
-escaped from the field of Worcester, extinguished all hopes of further
-resistance. In the Highlands alone there remained some faint show of
-adherence to the cause of the Stuarts, which afterwards found an outlet
-in the rising under Glencairn; and the Marquis of Argyll strove, for a
-time, to stem the tide which was overwhelming Scotland. But, to all
-intents and purposes, the country was now thoroughly subdued.
-
-Eight commissioners, among whom were young Sir Harry Vane, Lambert, and
-Monk, were appointed to arrange an Union. They found everything in
-confusion. The last meeting of the Scottish Parliament had taken place
-on the 6th of June. The Court of Session had not sat since February
-1650. Many towns were without magistrates. The Church was torn by
-internal dissensions. When proclamation was made, at the market-cross of
-Edinburgh, that Scotland was to be united, in one Commonwealth, with
-England, the announcement was received in gloomy silence. But there was
-an under-current of feeling in favour of the Union, of which the
-commissioners were doubtless aware. Delegates from the counties and
-burghs were summoned to meet at Dalkeith, to consider the Tender of
-Union which the commissioners were empowered to offer on behalf of the
-Parliament of England; and the result was that, of thirty-one counties,
-twenty-eight, and of fifty-eight burghs, forty-four assented to the
-Union.[70] Their assent must in some degree be ascribed to motives of
-prudence; for it was known that those counties and burghs which failed
-to send delegates favourable to union would be disfranchised; but it was
-from Glasgow alone, which, more than any other place in Scotland, was
-ultimately to benefit from the Union with England, that any formal and
-serious objection came. By some a scheme was suggested, which Fletcher
-of Saltoun would have warmly supported in 1707, for declining an
-incorporating Union and making Scotland a republic in friendly alliance
-with England. But the proposers of this scheme, one of whom was the
-noted Covenanter, Sir Archibald Johnston of Warriston, ultimately
-agreed to the Union.
-
-The chief opponents of the new arrangement were the clergy. It was on
-the 23rd of February 1652 that the delegates assembled at Dalkeith; and
-on the following day Baillie writes: "All the ministers of Edinburgh
-prays still for the king, and preaches very freely and zealously against
-the way of the English; this they are very angry at, and threatens to
-remeed it." But the ministers were divided against each other. Some
-resisted the Union because they were Royalists, some because they could
-not tolerate the idea of uniting with a country in which the
-Independents and other "Sectaries" had so much power, and others because
-they thought that the result of the Union would be that the Church would
-become subordinate to the State. But their resistance was of no avail;
-and they could only lament the defection of so many of the laity. "Good
-Sir John Seaton," Baillie writes in reference to the Conference at
-Dalkeith, "was the first that subscribed his free and willing acceptance
-of the incorporation for East Louthian. The two Swintons followed for
-the Merse, Stobs for Tiviotdale, Dundas for West Louthian, William
-Thomson and Fairbairne, I think, have done the like for Edinburgh, and
-its like almost all burghs and shyres will, under their hand, renounce
-their Covenant; Glasgow and the West purposes to refuse, for which we
-are like deeply to suffer; but the will of the Lord be done."[71]
-
-The result of the meeting of delegates was reported to Parliament; and
-the Council of State was instructed to prepare a Bill for the union of
-the two countries. Deputies were sent from Scotland to Westminster to
-adjust the details of the measure, and, in particular, to fix the number
-of members who were to represent Scotland in the Parliament of the
-United Commonwealth. A series of conferences were held between these
-deputies and a Committee of Parliament, at which the demands of Scotland
-were discussed. There was great difficulty in settling the question of
-representation.[72] The English proposal was that, in the united
-Parliament, England should be represented by four hundred members,
-Scotland by thirty, and Ireland by thirty. The number of commoners in
-the Scottish Parliament had been one hundred and twenty; and the
-deputies wished sixty Scottish members to have seats in the House of
-Commons. The English Government, however, refused to admit more than
-thirty. This was agreed to; and the Union Bill was about to pass, when,
-on the 20th of April 1653, Cromwell put an end to the Long Parliament.
-
-In the Little Parliament, Barebones' Parliament, Scotland was
-represented by five members, and some progress was made in the matter of
-the Union. It was resolved that there should be complete free trade
-between England and Scotland. The Government ordered all money raised in
-Scotland to be spent in Scotland for local purposes;[73] and that on the
-passing of the Union Bill, an enactment, which had come into force three
-years before, under which all Scotsmen were banished from England,
-should be repealed.[74] But the further progress of the Union Bill came
-to an end when Parliament was dissolved, and the control of all affairs
-passed into the hands of Cromwell as "Lord Protector of the Commonwealth
-of England, Scotland, and Ireland," a title which assumed that the
-Union had already taken place.
-
-In the following spring an ordinance was framed for completing the
-Union. It set forth that the people of Scotland, having been invited to
-unite with England, had, through their deputies, accepted the
-invitation; that Scotland was, therefore, to be now incorporated and
-declared one Commonwealth with England; and that, in every Parliament
-which was held for the Commonwealth, thirty members were to serve for
-Scotland. To secure the more effectual preservation of the Union, and
-the freedom of the country, the people of Scotland were relieved from
-all allegiance to the Stuarts. The title of King of Scotland was
-abolished. The right of the Estates to assemble in Parliament was
-annulled. It was ordained that, "as a badge of this Union," the arms of
-Scotland should form a part of the arms of the Commonwealth; and that
-all seals of office, and the seals of the corporations in Scotland,
-should henceforth bear the arms of the Commonwealth. All taxes were to
-be levied proportionably from the whole people of the Commonwealth.
-Vassalage was abolished, and lands were to be held by deed or charter
-for rent. The whole system of hereditary jurisdictions, by which there
-had been transmitted from father to son, in many families of the
-landowners, the power of holding courts and inflicting punishments, even
-that of death, was swept away. An immense boon was conferred on Scotland
-by the establishment of complete free trade between the countries, and
-by the declaration that in all matters relating to commerce England and
-Scotland were thenceforth equal.[75]
-
-This ordinance was proclaimed at Edinburgh on the 4th of May 1654. The
-town-cross, at which the ceremony took place, was surrounded by troops
-under the command of Monk. An immense crowd of the townsfolk assembled
-to witness the proceedings. The Lord Provost and the Magistrates, clad
-in their scarlet robes, were in attendance. Henry Whalley, Judge
-Advocate to the English army, read the proclamation; and at the
-conclusion of the ceremony, Monk and his friends were entertained at a
-sumptuous banquet in the Parliament House, where the Magistrates stood
-and served them. Later in the evening there was a display of fireworks
-at the town-cross.
-
-The Union having been thus proclaimed, the Council of State at Whitehall
-proceeded to arrange the distribution of seats in Scotland.[76] Of the
-thirty seats, twenty were allotted to the counties, and ten to the
-burghs. The more populous counties each returned a member. The rest were
-divided into groups. Of the burghs, Edinburgh alone returned two
-members; but all the other towns were grouped into districts.
-
-When the Protector's first Parliament met, in July 1654, twenty-one
-members from Scotland attended. Of these, both the members for
-Edinburgh, and several others, were Englishmen; and while the Union
-lasted, the members from Scotland were either quiet and peaceful
-Scotsmen, ready to support the Protector's measures, or English
-officials.[77]
-
-The Council in Scotland managed the elections there. The full number of
-thirty members was returned to the Parliament of 1656; but many of them
-were Englishmen. Argyll opposed the Council, and endeavoured to secure
-the return of Scotsmen only, but in vain. He failed to obtain a seat
-himself until Richard Cromwell's Parliament of 1658, when thirteen
-county and eight burgh members seem to have attended. Argyll then
-represented Aberdeenshire in the House of Commons; but the members for
-Perthshire, Inverness-shire, Linlithgow, Stirlingshire, Clackmannan,
-Dumbartonshire, Argyllshire, Bute, and Midlothian were all Englishmen;
-and a majority of the burgh members came from Westminster or the Inns of
-Court.[78]
-
-The executive government in Scotland, during the Union, was vested in a
-Council of State, to whom elaborate instructions were issued by the
-Protector. They were to inquire into the best means for preserving the
-Union; to promote the cause of religion, taking care that the clergy
-were regularly paid, and that all schools had able and pious teachers;
-to encourage learning and reform the universities; to remove from the
-corporations disaffected or ill-behaved magistrates, and replace them by
-suitable persons; to see that equal justice was administered to all men,
-and to promote the Union by assimilating the procedure in the courts of
-Scotland to that of the courts of England; to investigate the state of
-the revenue, and see that the Exchequer was not defrauded; to study
-economy in the public service; to encourage the fishing industry, the
-manufactures, and the commerce of Scotland.
-
-The Council consisted of nine members, of whom only two, Lockhart and
-Swinton, were Scotsmen. Roger Boyle, Lord Broghill, third son of the
-Earl of Cork, was President, with a salary of two thousand pounds a
-year; and the great Scottish offices of State, most of which were
-retained, were generally filled by Englishmen. Lord Broghill appears to
-have been popular. "He has gained," Baillie writes, "more on the
-affections of the people than all the English that ever were among
-us."[79]
-
-An army of English soldiers, nearly as numerous as that which occupied
-Ireland, was spread over Scotland. Forts were built at Leith, Glasgow,
-Ayr, and Inverness; and the castle of Inverlochy was repaired and filled
-by a garrison which overawed the Western Highlands. The strictest
-discipline was maintained. "I remember," Burnet says, "three regiments
-coming to Aberdeen. There was an order and discipline, and a face of
-gravity and piety among them, that amazed all people." Burnet attributes
-the flourishing state of Scotland during the Union to the money spent by
-the army; so does Fletcher of Saltoun. And it must have had a
-considerable effect on the financial state of the country, as the pay of
-the troops amounted to two hundred and fifty thousand pounds yearly, an
-immense sum for the Scotland of those days.
-
-In the judicial system sweeping changes were introduced. The exercise of
-jurisdiction in Scotland was prohibited, except under the authority of
-the Parliament of England. The powers of the Court of Session, the
-supreme tribunal of the country, were handed over to a bench of
-Commissioners for the Administration of Justice to the People of
-Scotland. These judges were seven in number, four Englishmen and three
-Scotsmen. At first the Scottish Bar joined the clergy in opposing the
-Union, and refused to plead; but by the autumn of 1656 most of the
-advocates had returned to business.
-
-The manner in which the "English judges," as the Commissioners were
-called, performed their duties seems to have given great satisfaction.
-The Court of Session had been so tyrannical and corrupt that the
-fairness and purity of the new Court astonished the country. "Justice,"
-we are told, "was wont to be free and open for none but great men, but
-now it flows equally for all." Circuit courts were held throughout the
-country; and, while crime was firmly punished, the extreme severity of
-the Scottish criminal system was avoided. Prosecutions for witchcraft
-were still frequent, but the English judges received the evidence with
-suspicion; and on one occasion no less than sixty persons, whom the
-superstition of their own countrymen would have condemned to the flames,
-were acquitted.
-
-The merchants of Scotland were, by the terms of the Union, admitted to
-all the trading privileges which Englishmen enjoyed. Goods of every
-description passed duty-free from England to Scotland and from Scotland
-to England; and there was no restriction on the foreign and colonial
-trade of Scotland. But these advantages were not fully appreciated; for
-Scottish commerce was still in its infancy. The Glasgow of to-day, with
-its miles of wharves and warehouses, its forest of masts, its
-shipbuilding yards, its crowded streets and handsome squares, had no
-existence. The merchants of the small town upon the Clyde traded with
-Ireland, in open boats, for meal, oats, and butter. They shipped coal,
-herrings, and woollen goods to France in exchange for paper and prunes.
-They sent to Norway for timber, and to Barbadoes for sugar. But the
-river Clyde was then so shallow that their ships could not come nearer
-to the town than a spot fourteen miles distant, where they were
-unloaded, and the cargoes carried up the river on rafts or in small
-boats.
-
-The English were astonished at the poverty of Scotland. The whole
-revenue from Customs and Excise was under fifty thousand pounds a
-year.[80] A monthly assessment of seventy thousand pounds was levied in
-the towns and counties of England, while Scotland was assessed at only
-six thousand pounds. The yearly expenditure in Scotland exceeded the
-revenue; and the balance was paid out of the English treasury.
-Nevertheless the time of the Union during the Commonwealth was regarded
-as a time of prosperity. The trade of Glasgow began to flourish. Leith,
-then the chief port in Scotland, Dundee, and Aberdeen made considerable
-progress in wealth; and there can be little doubt that if the commercial
-policy of Cromwell had not been reversed at the Restoration, the
-merchants of Scotland would have made, during the second half of the
-seventeenth century, that remarkable advance towards opulence and
-importance which they made after the Union of 1707.
-
-When, fifty years later, the Union was finally accomplished, one of the
-most difficult questions which the statesmen of the two countries had to
-discuss was the question of the Church. But the ordinance of April 1654
-contains no reference to that question. The Council for Scotland was
-instructed, in general terms, to promote the cause of religion, and to
-see that the clergy were paid regularly; but no formal settlement was
-attempted. Though the stipends of the Scottish clergy were small, their
-social position was far higher than that of the English clergy. They
-associated, on terms of equality, with the first families of the laity,
-and so great was their influence that, if they had been united among
-themselves, they might have held their own against the Independents who
-came to Scotland with Cromwell. But they were powerless, because they
-were divided, split up into two parties, and engaged in a dispute which
-was conducted with a warmth unusual even in the quarrels of Churchmen.
-
-This dispute had its origin in the Engagement for the relief of Charles
-the First. The Scottish Parliament of 1649 had passed an Act which
-declared all those who approved of the Engagement incapable of holding
-any public office.[81] This statute, known as the Act of Classes, had
-incapacitated a number of persons from serving in the army. After the
-battle of Dunbar, the General Assembly passed resolutions in favour of
-readmitting to the public service, particularly in military employments,
-those who had been proscribed; and Parliament, taking the same view as
-the majority of the clergy, repealed the Act of Classes. Against this
-the defeated minority of the clergy protested. Two parties were formed,
-the one known as Resolutioners, and the other as Protesters; and the
-contest passed from the ranks of the clergy to the ranks of the people.
-Which party had the larger following among the people it is difficult to
-say; but, apparently, while the Resolutioners formed a majority of the
-clergy, the Protesters were more popular, especially in the
-south-western counties, afterwards the stronghold of the Covenanters
-during the period which followed the Restoration.
-
-The Church of Scotland was rent in twain, and there were two factions in
-almost every parish. The induction of a minister was seldom accomplished
-without opposition; and on many occasions disgraceful scenes took place
-in the churches, riots, stone-throwing, and even bloodshed. The
-differences between the parties extended from the original cause of
-quarrel to questions of rites and ceremonies, always a fruitful source
-of bad feeling. The country was flooded with controversial pamphlets, in
-which the disputants attacked each other in the most acrimonious terms.
-One of the Protesters, indeed, a young divine named Binning, published a
-book on _Christian Love_, in the hope, apparently, of preparing the way
-for a reconciliation, but his advances were rejected with scorn.
-
-Some members of the Council of State proposed that means should be taken
-to re-unite these factions; but Vane advised a very different course.
-Let them fight it out, he said, in the inferior courts of their Church.
-By this means their attention will be diverted from secular matters,
-with which they are too fond of interfering, and confined to their own
-private squabbles. At the same time, if we forbid the General Assembly
-to meet, they will be powerless for either good or evil. This policy was
-carried into effect. The Assembly met at Edinburgh, and the members
-were about to proceed to business, when an officer entered, and asked by
-what authority they had met. Was it by the authority of the Parliament
-of England, or of the commander of the English forces, or of the English
-judges in Scotland? The ministers answered that the Assembly was an
-ecclesiastical court, deriving its authority from God and established by
-the law of the land. The officer said that he had orders to dissolve the
-meeting, and ordered those present to follow him, or he would drag them
-by force out of the room.
-
-Uttering protests against this violence, the members rose and followed
-him. A guard of soldiers surrounded them, and led them along the
-streets, "all the people gazing and mourning, as at the saddest
-spectacle they had ever seen." Presently a halt was called. The names of
-the ministers were taken down; and they were told that all future
-meetings were forbidden. On the following morning, by sound of trumpet,
-they were commanded to leave the town, on pain of instant imprisonment
-if they disobeyed.[82]
-
-In this summary fashion the supreme court of the Church of Scotland was
-dissolved; and while the Union lasted the English army was supreme in
-Church affairs. The clergy were forbidden to pray for the king, and
-ordered to pray for the Protector. This order was at once obeyed by the
-Protesters; but the Resolutioners did not submit until they were
-informed that their stipends would be withdrawn, when they came to the
-conclusion that as the king could not protect them nor pay them they
-need no longer pray for him. Excommunication lost its terrors when the
-secular arm could no longer be invoked to give civil effect to the
-sentence of a Church court. The stool of repentance, which stood in
-every church, and on which sinners had to sit and listen to a public
-rebuke, was derided by the rough troopers, who either broke it to
-pieces, or sat on it themselves, to show their contempt for a kind of
-discipline which was akin to penance in the Church of Rome. The English
-soldiers did not admire either the Church or the religious character of
-the Scots. "A Kirk whose religion is formality, and whose government is
-tyranny, a generation of very hypocrites and vipers whom no oaths or
-covenants can bind, no courtesies or civilities oblige," was their
-verdict.[83] Magnificent and fruitful of results as the Covenanting
-movement was, there can be no doubt that side by side with the genuine
-religious devotion of some there was to be found the deep hypocrisy of
-others. Cromwell saw this at once, and complained that where he had
-expected to find "a conscientious people," he had found one "given to
-the most impudent lying and frequent swearing, as is incredible to be
-believed."[84]
-
-The persecuting principles of the Scottish clergy, too, alienated the
-Independent ministers who accompanied the army. Even so good a man as
-Samuel Rutherford argued against toleration with almost as much bigotry
-as Edwards had displayed in the Gangræna; and Baillie lamented that "the
-hand of power is not heavy on any for matters of religion."[85]
-Principles such as these were, of course, hateful to the Independents,
-with whom liberty of conscience was an article of faith; and the fact
-that such principles were held by the Scottish clergy was one of the
-chief reasons why, during the Commonwealth, the Scottish Church was
-powerless.
-
-Among the duties intrusted to the Council of State for Scotland were the
-encouragement of learning and the reform of the universities.
-Commissioners visited the universities, and changes were made.
-Resolutioners were turned out, and Protesters put in their places.
-Leighton, afterwards Bishop of Dunblane, became Principal of Edinburgh
-University. At Glasgow, Patrick Gillespie was appointed against the
-remonstrances of Baillie and his party; but even Baillie afterwards
-admitted that the appointment was a wise one. "The matters of our
-college," he writes, "this year were peaceable; our gallant building
-going on vigorously; above twenty-six thousand pounds are already spent
-upon it; Mr. Patrick Gillespie, with a very great care, industrie, and
-dexterity, managing it as good as alone." A grant of two hundred pounds
-a year was made to the Universities both of Edinburgh and of Glasgow;
-and before his death the Protector had taken the first steps towards
-founding a College of Physicians for Scotland.
-
-In 1659 it was resolved to put the Union, the terms of which rested only
-on the ordinance promulgated by Oliver Cromwell five years before, on a
-more constitutional footing; and for that purpose two Bills "for
-perfecting the Union between England and Scotland" were brought into
-Parliament.[86] But neither of these Bills became an Act of Parliament;
-and at the Restoration, the Union came to an end.
-
-As to the general effect of this Union on the state of Scotland we have
-conflicting accounts; but the weight of evidence goes to show that it
-was a time, not only of quiet, which has never been denied, but also of
-prosperity. Baillie tells a dismal tale. The peers were in exile or
-reduced to poverty; the people were burdened by heavy taxation, and
-suffering from want of money and want of trade. But Baillie was a
-Resolutioner; and the Protesters were favoured by the Government.
-Therefore, for Baillie, the times were out of joint, and he exclaims,
-"What shall we do for a testimony against the English?" Yet he is forced
-to admit that food was cheap and plentiful; and he gives an account of
-the state of Glasgow, where he lived, from which it appears that the
-town was highly prosperous. The magistrates were rapidly paying off the
-public debt, and spending money on public works.[87]
-
-To the historian Kirkton, who was on the other side, everything seemed
-bright. It was a period of "deep tranquillity." Every parish had a
-minister; every village had a school; almost every family had a Bible.
-The voice of singing and of prayer was heard in every house. From the
-taverns alone came the sound of lamentation; for the happiness and
-sobriety of the people were such that the trade in strong drink was
-ruined.[88]
-
-Burnet agrees with Kirkton. "We always reckon," he says, "those eight
-years of usurpation a time of great peace and prosperity." Defoe took
-special pains to make himself acquainted with the affairs of Scotland,
-and the information which he received was to the same effect. "Scotland
-flourished, justice had its uninterrupted course, trade increased, money
-plentifully flowed in."[89] Cromwell himself, in 1658, gave a favourable
-account of the state of things, on which Carlyle's comment is, "Scotland
-is prospering; has fair play and ready-money;--prospering though
-sulky."[90]
-
-In England the Union, if not unpopular, was regarded with indifference.
-In the Protector's "House of Lords" there were three Scotsmen, Lord
-Casselis, Sir William Lockhart, and Johnston of Warriston, the last of
-whom seems to have wearied the House with long and frequent speeches. In
-the House of Commons the members from Scotland gave no trouble, and are
-said, indeed, never to have opened their lips. The commercial
-advantages, however, which Scotland had secured by the Union caused
-great jealousy among the English merchants; and on the English side of
-the border the establishment of free trade between the countries was
-viewed with disfavour. But, on the whole, the broad current of English
-life flowed on, undisturbed by the existence of the Union.
-
-FOOTNOTES:
-
-[70] Act. Parl. Scot. VI. ii. 771.
-
-[71] _Letters and Journals_, iii. 174.
-
-[72] _Calendar of State Papers, Domestic_, 1651-52, p. 485.
-
-[73] _Calendar_, 1653-54, p. 12.
-
-[74] _Calendar_, 1653-54, p. 258.
-
-[75] Order of Council, Whitehall, 12th April 1654.
-
-[76] Order of Council, 27th June 1654.
-
-[77] Baillie's _Letters and Journals_, iii. 289, 318, 357; Thurloe,
-_State Papers_, v. 366.
-
-[78] Act. Parl. Scot. VII. ii. 784.
-
-[79] _Letters and Journals_, iii. 315.
-
-[80] Report by Thomas Tucker upon the revenue of Excise and Customs in
-Scotland, 1656, in the _Scottish Burgh Society's Miscellany_.
-
-[81] Act of Classes for purging the Judicatories and other Places of
-Public Trust. Act. Parl. Scot. VI. ii. 143.
-
-[82] _Letters and Journals_, iii. 225.
-
-[83] Orme's _Life of Owen_, p. 128; Whitelocke, July 1650.
-
-[84] Letter to the Council of State, 25th September 1650.
-
-[85] _Letters and Journals_, iii. 291.
-
-[86] _Calendar of State Papers, Domestic_, 1659-1660, p. 35; Act. Parl.
-Scot. VI. ii. 587.
-
-[87] _Letters and Journals_, iii. 249, 288, 357, 360, 387.
-
-[88] Kirkton's _True and Secret History of the Church of Scotland_
-(edited from the original MS. by Charles Kirkpatrick Sharpe, 1817), pp.
-64, 65. In Law's _Memorialls_ (edited from the MS. by Mr. Sharpe in
-1818) there is a passage which, if it is to be relied on, shows that
-during this period the course of religion had been advanced by the
-policy of preventing the clergy interfering so constantly in politics.
-"It is not to be forgotten," Law says, "that, from the year 1652 to the
-year 1660, there was great good done by the preaching of the gospell in
-the West of Scotland, more than was observed to have been for twenty or
-thirty yeirs before; a great many being brought in to Christ Jesus by a
-saving work of conversion, which was occasioned through ministers
-preaching nothing all that tyme but the gospell, and had left off to
-preach up parliaments, armies, leagues, resolutions, and remonstrances,
-which was much in use before, from the year 1638 till that time 52,
-which occasioned a great number of hypocrytes in the Church, who, out of
-hope of preferment, honour, riches, and worldly credit, took on the form
-of godliness, but wanted the power of it."
-
-[89] _History of the Union_, section ii. p. 10, first edition, published
-in 1709. Defoe's _History of the Union_ was reprinted in 1712 and 1786,
-and again in 1787 "with an introduction, in which the consequences and
-probability of a like union with Ireland are considered."
-
-[90] January 1658, Carlyle's _Cromwell_, Speech XVII.
-
-
-
-
-CHAPTER IV
-
-FROM THE RESTORATION TO THE REVOLUTION
-
-
-At the Restoration the advisability of continuing the Union was
-discussed. In England it was maintained that the smaller country must
-give up its Parliament and its separate system of laws, or that it must,
-at all events, make the first advance, and say definitely on what terms
-it would unite. In Scotland it was foreseen that not only would the
-native Parliament and the native laws be destroyed in the event of a
-union, but that also, in all probability, the Church would be
-sacrificed. But the prosperity which the country was beginning to enjoy
-might have reconciled many of the people to these changes.[91]
-
-The Restoration was hailed with joy by the nobles, who hoped that they
-would again have their Parliament and their Privy Council, by means of
-which their families were aggrandised, and their hereditary
-jurisdictions and feudal rights, which gave them so much authority over
-their tenants and retainers. The clergy, smarting under the indignities
-to which they had lately been subjected, and believing that Charles
-would keep faith with them and establish Presbytery, welcomed the
-change, and at once began to pray again for the king. Clarendon,
-however, was of opinion that the majority of Scotsmen were in favour of
-the continuance of the Union. He himself was in favour of leaving things
-as they were. "But the king," he says, "would not build according to
-Cromwell's models, and had many reasons to continue Scotland within its
-own limits and bounds, and sole dependence upon himself, rather than
-unite it to England with so many hazards and dangers as would inevitably
-have accompanied it, under any government less tyrannical than that of
-Cromwell."[92]
-
-Lauderdale, whose influence in Scottish affairs was now well-nigh
-supreme, was strongly in favour of removing all traces of the
-Commonwealth government. To begin with, he insisted that the fortresses
-which Cromwell had built should be demolished and their garrisons
-withdrawn. The time might come, he told the king, when he would be in
-need of Scottish garrisons in England, and to maintain an English army
-in Scotland would alienate the affections of the Scottish people. The
-fortresses were, accordingly, dismantled, and the army of occupation was
-disbanded. Every trace of the Union soon disappeared. The Estates met
-in the Parliament House once more; and the judges took their places on
-the bench of the Court of Session.
-
-On the question of the Church, Lauderdale's advice was not followed. His
-view was that, instead of aiming at an Union, either civil or religious,
-between the two countries, the object of the Government should be to
-disunite them by all possible means, and, at the same time, to keep the
-people of Scotland in good humour by giving them whatever form of Church
-government they wanted, in order that they might be willing to serve the
-king, if necessary, against the Parliament of England. Such was the
-advice of Lauderdale. Charles himself, though he detested Presbytery,
-was at first inclined to take it. But, in the end, the intrigues of the
-Episcopal faction prevailed; and it was resolved to establish an
-Episcopal Church in Scotland. The Chancellor explained to Lauderdale
-that it was intended to set up only a modified form of prelacy. "My
-Lord," he sternly answered, "since you are for bishops and must have
-them, bishops you shall have, and higher than ever they were in
-Scotland."
-
-These words came true. If the statesmen of England had asked, By what
-means shall we most easily irritate and exasperate the Scottish people?
-how can we alienate them from England? how can we render the royal
-family unpopular? how can we destroy the trade of Scotland, which is
-beginning to improve? how can we throw the country, which is settling
-down, back into anarchy and confusion? how can we most successfully
-unite against the Church of England the whole body of the Scottish
-people? how can we produce a profound distrust in all measures which are
-proposed by the Council in London? by what means, in short, can we best
-make the people of Scotland disloyal, poverty-stricken, and
-rebellious?--if these questions had been asked, some evil councillor
-might have answered them thus: Pass, he might have said, an Act of
-Parliament which will destroy their commerce; abolish the Union, and
-thus destroy free trade between them and the English; restore to the
-owners of the soil the jurisdictions by means of which they tyrannised
-over their dependants in the past, and by means of which they will be
-able to tyrannise over them in the future; restore the tenure of lands
-by military service, and thus you will, in a few years, people every
-hamlet over a large portion of the country with restless and idle
-clansmen, whose only business in life is to foment feuds between their
-masters, and to seek plunder for themselves; above all things, let the
-king destroy the Presbyterian Church which he swore to establish when he
-took that solemn vow, on the faith of which the crown of Scotland was
-placed upon his head; let the great noble whose hands performed the act
-of coronation, and to whom a Dukedom and a Garter were promised, be
-accused of treason for a tardy compliance with the usurper, and let the
-rules of legal procedure be strained in order to procure his
-condemnation; eject from their livings the clergy whom the people trust;
-let enormous fines, far in excess of what the country can bear, be
-inflicted on every class for the offence of nonconformity; punish with
-death those who listen to the clergy preaching in the fields because you
-have driven them from the churches. All this, and a great deal more, was
-done. The years which followed the Restoration were the most miserable
-in the history of Scotland. The great source of misery was the desperate
-contest between the Episcopal and the Presbyterian Churches; but the
-commercial policy of the English Parliament is what chiefly bears on the
-question of the Union.
-
-Scotland had not suffered from the Navigation Act of 1651, which forbade
-foreign ships to import goods into England, or to trade with the
-colonies, or even to visit them without special leave. This statute was
-passed, in the words of Blackstone, "to punish our rebellious colonies,
-and to clip the wings of the Dutch." It kept the colonial trade in the
-hands of England, and increased the value of English shipping. The terms
-of the Union during the Commonwealth had exempted Scotland from its
-provisions. But now the Union was at an end, and Scotland was once again
-a separate kingdom. The Parliament of England proceeded to pass a new
-and even more stringent Navigation Act, which inflicted a deadly blow
-upon the trade of Scotland.[93]
-
-Sir George Mackenzie traces the origin of this, and other laws hostile
-to Scottish commerce, to the fact that Clarendon and other English
-politicians were piqued by the way in which Lauderdale prided himself on
-having induced the king to withdraw the army from Scotland against their
-advice. "This excessive boasting," he says, "that he had prevailed in
-this over Hyde, Middletoun, and all the English, did somewhat contribute
-to renew the old discords which had formerly been entertained between
-the two nations; and occasioned the making of those severe Acts, whereby
-the Parliament of England debarred the Scots from freedom of trade in
-their plantations, and from enjoying the benefit of natives in the
-privilege of shipping."[94]
-
-The new law was so rigorous that no goods nor produce, of any country,
-could be imported into the colonies except from England or Wales. Irish
-goods could not go from Ireland, nor Scottish goods from Scotland.
-Moreover, the most important products of a colony could enter England,
-or another colony, only on payment of duty. English ships alone were
-allowed to carry goods to and from the colonies. The sugar, the tobacco,
-the cotton, in fact all the most useful produce of the colonies, could
-be shipped to England only, and could not enter an English port except
-in an English vessel. Nor could goods be imported into England from the
-continent of Europe except in English ships, or in ships belonging to
-the country which actually produced them.
-
-This monopoly, under which the colonies could trade with England alone,
-was a grievance to the colonies. They, however, had at least the
-privilege of trading with England. But to the colonial trade of Scotland
-the Navigation Act was ruinous.
-
-Other laws, hostile to the industries of Scotland, were enacted. On some
-Scottish goods duties were paid equal to, or above, their value. On
-others a duty was charged very much greater than the duty levied on the
-same articles when they came from abroad. For instance, the duty on
-Scottish salt was sixteen times that imposed on foreign salt. Linen
-imported from Scotland was now so heavily taxed that it hardly paid the
-producer to bring it into England. In Northumberland and Cumberland
-heavy customs were levied on horses which came from Scotland; and, on
-the plea that a great part of the richest pasture land in England would
-fall in value if the graziers of Scotland were allowed to find a free
-market in England, Parliament was induced to cripple one of the most
-important branches of Scottish industry by imposing a fine of two pounds
-for every head of cattle which crossed the border between the 24th of
-August and the 20th of December.[95] And there were many other
-enactments framed for the purpose of excluding Scottish merchants, whose
-operations were further embarrassed by a law under which all goods sent
-from Scotland to England must pass through either Berwick or
-Carlisle.[96]
-
-The commercial freedom which had been enjoyed during the period of the
-Commonwealth had quickened the commercial instincts of the Scottish
-people, and had given them some idea of what their country might become
-if they were permitted to extend their traffic to the colonies, those
-highly-favoured regions of the earth from which so large a portion of
-the wealth of England came. The recent Union had been attended by
-circumstances which were humiliating; but for many of these compensation
-had been found in the prosperity which the Union had brought along with
-it. The sudden change which the Restoration had produced was, therefore,
-bitterly resented; and the Scottish merchants persuaded the Estates to
-retaliate by passing a Navigation Act for Scotland, similar to the
-English Act, and by imposing heavy duties on English goods.[97] But
-retaliation could not put Scotland in the same position as England; and
-at length, after repeated complaints and demands, an Act was passed
-under which commissioners from the two countries were to meet and confer
-on the subject of a commercial treaty.[98]
-
-In January 1668 the commissioners met. The Scotsmen demanded that
-Scotland should enjoy the privilege of trading to the English colonies
-which was granted, by the Act of Navigation, to the Irish and to the
-Welsh, and that they should be allowed to bring in goods as freely as
-the English, with no other restrictions than those laid on Ireland and
-Wales. They were willing to give assurances that goods transported from
-English colonies would be brought to England, except the small
-quantities which were consumed in Scotland. A number of papers,
-containing these and other demands, were presented by the Scottish
-commissioners, and to these the English commissioners returned written
-answers.
-
-Apparently the conferences were on the point of terminating abruptly
-within less than a month; for, on the 29th of January, the Scottish
-commissioners refused to go further until the question of the Navigation
-Act was settled, and the English refused to act until the whole of the
-Scottish demands were laid before them. The Scottish commissioners gave
-in, and presented a document in which their grievances were set forth.
-The repeal of the Navigation Act was what they chiefly insisted on; but,
-in addition to this, they complained of the whole of those Acts of
-Parliament by which free trade between England and Scotland had been
-abolished, and by which excessive duties had been imposed on Scottish
-produce. "Thus," they said, "your lordships have now the full scheme of
-all that is demanded by us in this treaty. But because what we have
-given in, relating to the Act of Navigation, was the first in time, and
-is the greatest obstruction of our trade, and indeed without which our
-trade cannot be carried on, we still insist upon an answer to it in the
-first place, and then we shall be willing to proceed to treat on all the
-rest in order."[99]
-
-After a long delay the English commissioners returned their answer. They
-refused, in peremptory terms, to allow Scotland to trade with the
-colonies. The colonies, they said, were founded by Englishmen, and
-Scotsmen had no right to benefit by them. They were prepared, however,
-to permit Scotsmen to go and settle as merchants in the colonies; but
-they refused to allow Scottish ships to carry foreign produce into
-English ports. "The kingdom of Scotland," they said, "being wholly
-independent, and not subject to the Crown of England, we cannot have
-reasonable security and satisfaction that the said kingdom will keep up,
-and tie itself, to the strict observation of the restrictions and
-limitations set down in the Act of Navigation, with relation to this
-matter."
-
-They offered, nevertheless, to make some concessions, on condition that
-those Acts of the Scottish Parliament which imposed a tariff hostile to
-English trade were repealed. If that were done, Scottish ships might
-import fish into England free of duty, and also tar, hemp, flax,
-raisins, and grain of any sort, on payment of the duty levied on aliens.
-They might also import timber into England for six years; and the reason
-for this concession was frankly stated to be that since the great fire
-of London there had been a scarcity of wood for rebuilding the city.
-They also offered to give Scottish ships the right, for six years only,
-of exporting goods from England, on payment of the same customs as
-English ships paid.
-
-These terms were refused by the Scottish commissioners, who objected to
-the limitation of six years, and declared that the Scots wished to be,
-as they had been during the Union under Cromwell, in a position to
-compete, on equal terms, with the merchants of England. But the English
-commissioners would not yield; and the negotiations terminated without
-any result.
-
-It was now evident that, so long as the two countries remained separate,
-there could be no genuine commercial prosperity in Scotland. It was,
-therefore, natural that the question of Union should be again revived.
-The project was first suggested by a Scottish peer, whose advice in
-other matters, if it had been taken, would have saved the Privy Council
-of Scotland from much of the blood-guiltiness which it incurred during
-these years. John, second Earl of Tweeddale, had been sworn of the
-Council at the Restoration, but had frequently raised his voice on
-behalf of the persecuted Presbyterians; and he had often endeavoured to
-discover some means by which peace could be restored to Scotland. His
-proposal now was that the Scottish Parliament should be called together,
-and invited to consider what steps should be taken to unite the
-kingdoms. To this Charles readily agreed, for he thought that if the two
-Parliaments were merged in one, the Lords and Commons who represented
-Scotland would, as a rule, support the measures of the Court. The Duke
-of Buckingham and the Lord Keeper Bridgeman were also in favour of this
-proposal.[100]
-
-It was, indeed, the interest of all whose fortunes were bound up with
-the fortunes of the Royal Family that Scotland should be conciliated.
-The recent conferences had shown how strong the feeling of Scotland was
-on the subject of trade; and no candid-minded Englishman could deny that
-the grievances complained of by the commissioners from beyond the Tweed
-were real grievances. It was true that the more powerful nation was
-master of the field, and could, by obstinately opposing the demands of
-her weaker neighbour, debar her from the trade in which she was so
-anxious to obtain a share. But the lessons of the great Civil War had
-not been altogether forgotten at the Court; and, in the secret conclave
-of the king's advisers, there always had been, ever since the
-Restoration, an uneasy feeling that a day might come when the Crown
-would find itself opposed by the Parliament. At such a crisis much would
-depend on what was done by Scotland. It was, therefore, of importance to
-persuade the people of Scotland that, so far as the king's influence
-went, everything had been done to remove the commercial disabilities of
-which they so justly complained.
-
-Lauderdale, who at the Restoration had supported the policy of
-separation, was now eager on the side of Union. No Parliament had met in
-Scotland since 1663. It would be necessary to summon the Estates
-together if the Union was to be discussed; and Lauderdale coveted the
-office of Lord High Commissioner. A Parliament was, therefore, summoned.
-It met at Edinburgh in October 1669. Lauderdale was Commissioner. A
-letter from the king was read, in which the Union was recommended to the
-favourable consideration of the Estates; and his Majesty's servants
-proposed that an answer should at once be returned, announcing that the
-Parliament of Scotland was in favour of the Union. Some opposition was
-offered by Sir George Gordon of Haddo, then member for Aberdeenshire,
-and afterwards first Earl of Aberdeen, and by Sir George Mackenzie of
-Rosehaugh, who a few years later became Lord Advocate; but, in the end,
-a letter was despatched in which the Estates approved of the Union, and
-left it to the king to name commissioners to treat upon the subject.
-The Parliament of England took the same view; and in September 1670, the
-commissioners met in London.[101]
-
-Five questions were submitted to them: the preserving entire to both
-kingdoms of their laws, civil and ecclesiastical; the uniting of the two
-kingdoms into one monarchy; the reducing of both parliaments to one; the
-regulation of trade; and the best means of preserving the conditions of
-the Union.
-
-The subject of trade, the most important of all, was never reached; for,
-before very long, the treaty broke down on the question of the
-representation of Scotland in the Parliament of the United Kingdom. The
-Scottish commissioners proposed that all the members of the Scottish
-Estates should be members of the Parliament. To this the English
-commissioners could not agree; and the proceedings came to an abrupt
-conclusion.
-
-During these negotiations the Scotsmen had not been on very good terms
-with each other. Lauderdale and Tweeddale quarrelled; and Sir George
-Mackenzie says that the Lord Chancellor, at dinner one day, abused two
-of the commissioners, Sir Archibald Primrose, father of the first Earl
-of Rosebery, and Sir John Nisbet, then Lord Advocate, for walking on
-foot when they had a handsome allowance for expenses, and called them
-"damned lawyers." They were heard to express their resentment at this;
-whereupon Lauderdale, who bore them a grudge as supporters of Tweeddale,
-told them he would accuse them to the king of trying to frustrate the
-Union by causing bad feeling among the commissioners. "And thus," says
-Mackenzie, "in place of uniting the nations, these wise commissioners
-disunited themselves, and returned to Scotland as men from a rout."
-
-However popular an Union might have been among the Scottish merchants,
-it would have been most unpopular in England. The English merchants, who
-had exulted in the failure of the Commission on Trade, were up in arms
-against the idea of giving to Scotland the privileges which she would
-have secured by the Union; and the majority of Englishmen still hated
-and despised the very name of Scotland. This hatred and contempt of the
-neighbour country, an inheritance from the long years of international
-warfare, found vent in abusive descriptions of Scotland and the Scottish
-people, which were circulated all over the island, causing laughter in
-England and rousing bitter indignation beyond the Tweed. "The country,"
-says one writer, "is full of lakes and loughs, and they are well stocked
-with islands; so that a map thereof looks like a pillory coat
-bespattered all over with dirt and rotten eggs, some pieces of the
-shells floating here and there representing the islands." The towns of
-Scotland were briefly described as poor and populous, especially
-Edinburgh, which resembled its inhabitants in "being high and dirty." It
-was compared to a double comb, an article which Scotsmen did not often
-use, having one great street, with a number of alleys branching from it,
-which might be mistaken for common sewers.
-
-As to the Scottish women, "the meaner sort go barefoot and bareheaded,
-with two black elf-locks on either side their faces; some of them have
-scarce any clothes at all, some part of their bed-clothes pinned about
-their shoulders, and their children have nothing else on them but a
-little blanket. Those women that can purchase plaids need not bestow
-much upon other clothes, these cover-sluts being sufficient. Those of
-the best sort, that are very well habited in their modish silks, yet
-must wear a plaid over all for the credit of their country."
-
-The English language could scarcely furnish language violent enough for
-the purpose of describing the Scots: "The people are proud, arrogant,
-vain-glorious boasters, bloody, barbarous, and inhuman butchers.
-Cozenage and theft are in perfection among them, and they are perfect
-English-haters. They show their pride in exalting themselves and
-depressing their neighbours. When the palace at Edinburgh is finished
-they expect his Majesty will leave his rotten house at Whitehall, and
-live splendidly among his own countrymen, the Scots, for they say that
-Englishmen are much beholden to them that we have their king amongst
-us."[102]
-
-If, in 1670, an Union had been accomplished by the terms of which the
-people of Scotland had obtained everything which they desired with
-regard to trade, it would have been an immense blessing to the country.
-But knowing what we know of the councillors who surrounded the throne,
-and of the character of the last two princes of the house of Stuart, we
-may be perfectly certain that an attempt would have been made to unite
-the Churches. In England, the Scottish Church question was completely
-misunderstood; nay more, to most Englishmen it was unintelligible. It
-was known that there were troubles in the North; and it was vaguely
-supposed that the Government had to cope with false doctrine, heresy,
-and schism, evils for delivery from which every good Anglican was
-accustomed to pray. But few imagined that month after month, and year
-after year, the majority of the Scottish nation was being treated in a
-manner which the majority of the English nation would not have tolerated
-for a single week. Even those Englishmen who had the best means of
-knowing the truth had been totally deceived as to the number and
-determination of the Presbyterians. At the Restoration, Sharp had told
-the Government that if Episcopacy was established not more than twenty
-ministers would refuse to conform. As a matter of fact, more than three
-hundred gave up their livings. The parish churches were deserted in many
-places by the people, and meetings were held in private houses. Not only
-was this declared to be illegal, but mere nonconformity was made a
-crime; and the madness of the Scottish Privy Council may be seen from
-the fact that any landowner who failed to attend his parish church was
-fined a fourth of his rents for the year in which he was convicted;
-while for the same offence tenants and burgesses were fined a fourth of
-their personal estates. Forbidden by a law resembling the English Five
-Mile Act to live within twenty miles of their parishes, within six miles
-of a cathedral town, or within three miles of a burgh, the ejected
-ministers took to preaching in the fields. This was punished as
-sedition; and the law was administered in so cruel and relentless a
-fashion that, if the whole truth had been known in England, there can be
-little doubt that indignant remonstrances would have been addressed to
-the Government; especially when, in 1670, the Scottish Parliament passed
-an Act by which any person who, without a licence from a bishop or the
-Privy Council, preached or prayed at a field meeting, was to be put to
-death,--a savage law which was savagely executed. To the people of
-England, however, very little of all this was known.
-
-Tweeddale possibly saw, in the abolition of the Scottish Parliament, and
-in those reforms of the Privy Council which might be expected to follow
-an incorporating Union, some prospect that a wiser and more moderate
-system of government might be introduced. But the whole course of
-Scottish history during the reigns of Charles the Second and James the
-Second shows that nothing less than that sweeping removal of every trace
-of Prelacy which took place at the Revolution could have restored peace
-and order to the country. It is, therefore, well that the Union did not
-take place at a time when the statesmen in both countries, by whom the
-terms of Union would have been arranged, were pertinaciously bent on
-establishing a system of Church government which, loved and honoured
-though it was in England, was hated and despised in Scotland.
-
-FOOTNOTES:
-
-[91] A Discourse upon the Union of England and Scotland, addressed to
-King Charles II., March 19th, in the year 1664.
-
-[92] Account of his own Life, part ii. p. 50.
-
-[93] Act for the encouraging and increasing of Shipping and Navigation,
-12 Car. II. cap. 18.
-
-[94] _Memoirs of the Affairs of Scotland_, p. 25.
-
-[95] 15 Car. II. cap. 7.
-
-[96] 14 Car. II. cap. 11.
-
-[97] Scots Acts, 1661, cap. 44; 1663, cap. 13.
-
-[98] 19 and 20 Car. II. cap. 5, Act for settling Freedom and Intercourse
-of Trade between England and Scotland.
-
-[99] _The grievances of Scotland in relation to their trade with
-England, sent up to the Council_, 3 Feb. 1668. See also a paper given in
-by the Scots Commissioners for adjusting the differences of trade
-between the two kingdoms, Jan. 21, 1667 (1668), printed in Defoe, App.
-No. xiii., and in the "Report on the events and circumstances which
-produced the union of the kingdoms of England and Scotland" (App. No.
-xxxi.). This report, which was prepared for the private use of the
-Government, at the request of the Duke of Portland, in 1799, when the
-Union with Ireland was being discussed, contains most of the papers
-which passed between the Commissioners on Trade in 1668. The _Calendar
-of State Papers, Domestic_, 1667-1668, published in 1893, throws some
-light on these transactions. It appears that the coal merchants of
-Newcastle and the North of England had a grievance in the inequality of
-the export duties levied on coal in the two countries. English coal paid
-eight shillings, and Scottish coal only twenty pence. The result was
-said to be that the customs from coal had fallen in that part of the
-country, from £20,000 a year to £4000, and that English merchants were
-suffering from the importation into Scotland, in exchange for coal, of
-foreign goods which the Scots used to obtain from England. (Memorial of
-24th Feb. 1668. _Calendar_, p. 247.)
-
-[100] Burnet, i. 513. Lord Dartmouth, in a note on this passage, states
-that William the Third told Lord Jersey that it was a standing maxim in
-the Stuart family, "Whatever advances they pretended to make towards
-it," never to allow a union. Their reason, he said, was that it could
-not take place without admitting Scotsmen to both Houses of Parliament,
-who must depend for a living on the Crown. He further asserts that King
-William said he hoped it would never take place during his reign, for
-"he had not the good fortune to know what would satisfy a Scotsman."
-
-[101] Defoe, p. 21; Mackenzie's _Memoirs_, p. 197.
-
-[102] "_A modern account of Scotland, being an exact description of the
-country, and a true character of the people and their manners. Written
-from thence by an English gentleman._" Printed in the year 1670
-(_Harleian Miscellany_, vi. 135). "_Scotland characterized: In a letter
-written to a young gentleman, to dissuade him from an intended journey
-thither_" (_Harleian Miscellany_, vii. 377). "_The False Brother, or A
-New Map of Scotland, drawn by an English Pencil, London, 1651._"
-
-
-
-
-CHAPTER V
-
-THE REVOLUTION SETTLEMENT
-
-
-After the failure of the treaty of 1670, eighteen years, eventful in the
-history of both kingdoms, passed; and at the Revolution the question of
-the Union was again discussed.
-
-In the letter which William addressed to the Scottish Estates in March
-1689, he said that he was glad to find that many peers and gentlemen of
-Scotland, whom he had consulted in London, were "so much inclined to a
-union of both kingdoms, that they did look upon it as one of the best
-means for procuring the happiness of these nations, and settling of a
-lasting peace among them." He himself was of the same opinion, and was
-resolved to do everything in his power to bring it about.
-
-Among the members of the Estates there was a strong party in favour of
-delaying the settlement of the Crown until the Union had been
-accomplished, on the ground that terms favourable to Scotland would be
-more easily obtained when the affairs of England were in a critical and
-unsettled condition. Among those who took this view was Sir John
-Dalrymple, who afterwards, as first Earl of Stair, was to play a
-prominent part in the final settlement of the question. The fact,
-however, that this view was supported by some astute members of the
-Jacobite party, who saw in it a means of causing delay, induced a
-majority of the Estates to resolve that the settlement of the Crown
-should come first.
-
-William had instructed Melville, and his other representatives in
-Scotland, that nothing was to interfere with the settlement of the
-Government. That was to be their first concern. If the Estates were in
-earnest for the Union, care was to be taken that it was not made an
-excuse for delay. If the Union was insisted on, then an attempt must be
-made to obtain from the Estates an offer of terms such as the English
-Parliament was likely to accept at once, without entering upon a treaty.
-He indicated his own view to be that the laws and customs of Scotland
-should be preserved intact, while questions relating to the public
-safety, and also the proportion of Scottish members in the united
-Parliament, should be referred to himself.[103]
-
-Although William thus anticipated a discussion on the Union, he was
-determined that nothing should prevent or delay the immediate settlement
-of the Government. The resolution of the Estates was, therefore, in
-accordance with his wishes. But as soon as the memorable declaration
-that James had forfeited his right to the Crown had been adopted, along
-with the offer of the vacant throne to William and Mary, the Estates
-lost no time in taking up the question of Union; and an Act was passed
-appointing commissioners "to meet with such persons as shall be nominate
-commissioners by the Parliament of England, and to treat concerning the
-Union of the two kingdoms." This Act became law on the 23rd of April,
-and on the following day a letter to the king was approved, in which the
-Estates informed his Majesty that certain of their number would wait
-upon him with the offer of the Crown, and would present to him a Claim
-of Rights, and a list of grievances for which they asked redress. At the
-same time they expressed the hope that the Union would be speedily
-accomplished, "that as both kingdoms are united in one head and
-sovereign, so they may become one body politic, one nation, to be
-represented in one Parliament."
-
-The Scottish Estates had proposed the Union. But at Westminster nothing
-could be done to further their wishes. William alluded to the question
-in his speech from the throne in March 1690. "I must," he said,
-"recommend, also, to your consideration a Union with Scotland. I do not
-mean that it should now be entered upon; but they having proposed this
-to me, some time since, and the Parliament there having nominated
-commissioners for that purpose, I should be glad that commissioners
-might also be nominated here, to treat with them, and so see if such
-terms could be agreed on, as might be for the benefit of both nations,
-so as to be presented to you in some future session."[104] Nothing more,
-however, was heard of the Union at that time. It was evident that the
-affairs of both kingdoms were in such a state that it was hopeless to
-press forward so delicate a piece of business. In England, important
-questions which could not be delayed awaited decision; and in Parliament
-party feeling was running high, not only between the Tories and the
-Whigs, but also between the Lords and the Commons. In Scotland, the
-factions which contended for the mastery would only have found in the
-Union another question about which to wrangle. The keen eyes of William
-had perceived the necessity of the Union, but the time had not yet
-come.
-
-Although the project of an Union was abandoned, the statutes relating to
-the Church passed by the Scottish Parliament at this time, constituting
-what is known as the Revolution Settlement, had a most important bearing
-on the final accomplishment of the Union. Prelacy was abolished, and
-Presbytery was re-established. Most of the ministers who had been
-ejected at the Restoration were now dead, but sixty veterans still
-survived, and they were restored to their livings. The Act which
-asserted the royal supremacy in ecclesiastical causes was repealed. The
-Westminster Confession of Faith was declared to be the national creed.
-The Law of Patronage was reformed by an Act which gave the Protestant
-landowners in counties, and the town councils in burghs, power to buy
-the patronage of livings, for a small sum; and the right of choosing the
-minister was handed over to the landowners and the elders, against whose
-choice the congregation might appeal to the Presbytery.[105]
-
-The statutes which introduced these reforms were accepted by an
-overwhelming majority of the Scottish people. In 1707 they were embodied
-in the Act of Union; and it is certain that if, while the terms of the
-great international contract were being arranged, any serious attempt
-had been made to alter them, the Union would never have been
-accomplished.
-
-It is, indeed, hardly possible to overestimate the importance of the
-Church question during the Union controversy. It is certain that if the
-Church of the majority had not been established in Scotland at the
-Revolution, another civil war would have been the result. The
-Presbyterian clergy were Whigs, almost to a man, and their influence in
-the country was enormous. The views held by the extreme branch of the
-Church did not affect, to any great extent, the course of events in
-Scotland. These were the men who, under their various designations of
-Cameronians, or Hill men, or Society men, still clung tenaciously to the
-old Covenanting ideas in their most uncompromising form. They could
-hardly bring themselves to submit to the existing Government. The old
-formula of a "Covenanted King" of the Stuart dynasty was still full of
-meaning to them; and long afterwards, during the reign of Anne, the
-Jacobites tried to make use of them for the purpose of defeating the
-Union. They were, however, Whigs, and would never, under any
-circumstances, have acquiesced in the overthrow of the Presbyterian
-system. The great danger to the cause of the Union and the Hanoverian
-succession lay in the sentiments of the Episcopalians. Every Episcopal
-clergyman in Scotland, with scarcely an exception, was a Tory and a
-Jacobite. On the eve of the Revolution, when the bishops of England were
-opposing, with dignified firmness, the arbitrary pretensions of the
-king, the Scottish bishops had addressed him in terms of the most
-servile eulogy. They assured him that they regarded a steadfast
-allegiance to the throne as an essential part of their religion. They
-declared that the line of Stuart was the greatest glory of Scotland.
-They spoke of James himself as the darling of heaven, and described the
-amazement and horror with which they had heard the rumours of an
-invasion from Holland.[106] It is not wonderful that the Presbyterians,
-when they obtained the ascendency, should have excluded from power the
-authors of this address. Nor is it wonderful that, in those parts of
-the country where the persecutors had been at work, the peasantry should
-have subjected the obnoxious clergymen to every species of indignity.
-For more than a quarter of a century their oppressors had appealed to
-the law to justify their misdeeds, and it was natural that, when the
-hour of deliverance came, the oppressed should take the law into their
-own hands. Locked out of their churches and expelled from their houses,
-with their gowns torn from their backs, the Episcopal clergy in Scotland
-learned how precarious is the situation of a priesthood which is
-protected by the law, but has no place in the affections of the people.
-
-The Church affairs of Scotland were not settled in accordance with the
-desires of William. It was no secret that he wished to secure complete
-toleration for all dissenters. He was anxious to avoid all measures
-which could interfere with the projected Union of the Kingdoms; and it
-is probable that his hope was that some plan might be devised for
-establishing the same system of Church government throughout the whole
-island. When he received from the Government in Scotland the draft of
-the Act which it was proposed to pass for the establishment of
-Presbytery, he made a number of amendments which had a double purpose;
-to remove expressions which might raise doubts in England with regard to
-the Union, and to conciliate the Episcopalians in Scotland. For
-instance, it was stated in the draft that the Reformation in Scotland
-had been the work of Presbyters "without Prelacy." This statement he
-deleted. In the draft, Presbytery was described as "the only government
-of Christ's Church in this kingdom." William was of opinion that a
-better expression would be "the government of the Church in this kingdom
-established by law." The rest of his suggestions were of a similar
-character. Everything in the shape of an assertion that Presbytery was a
-better system than Episcopacy was carefully avoided, and the only reason
-given for establishing the former was, that it was more in accordance
-with the wishes of the Scottish people. At the same time he explained
-that it was his desire "that those who do not own and yield submission
-to the present Church government in Scotland shall have the like
-indulgence that the Presbyterians have in England."
-
-The Act was submitted to the Estates, and became law on the 7th of June
-1690. It declared Presbytery to be "the only government of Christ's
-Church within this kingdom"; it condoned the action of the peasantry in
-expelling the Episcopal clergy by force; and it placed the government of
-the Church in the hands of the sixty ministers who had been replaced in
-the livings from which they had been ejected at the Restoration. Yet the
-Government acted on tolerant principles. All Episcopal clergymen who
-took the oaths were left in peaceable possession of their churches,
-without being called on to submit to the Presbyterian Church courts; and
-some even of those who refused to take the oaths, and who prayed
-publicly for the late king and his family, continued to enjoy their
-livings without molestation.[107] After a few years, when it was seen
-that the Jacobites were quite irreconcilable, an Act was passed which
-provided that no one could hold a benefice without taking the oath of
-allegiance, signing the assurance, which was a declaration that William
-and Mary were the only lawful sovereigns of the realm, signing the
-Westminster Confession of Faith, and submitting to the Presbyterian
-system of Church government. Yet so lenient was the spirit of the Whigs
-that, instead of vigorously enforcing this law, they superseded it, to a
-great extent, by another and milder Act, under which taking the oaths to
-Government became the only qualification required from any Episcopal
-preacher in Scotland.
-
-At the Revolution, and in consequence of the position in which the
-Episcopal clergy found themselves, it became the fixed policy of the
-Jacobites to call the attention of Englishmen to what was going on in
-the North; and during the reign of William there issued from the press a
-series of pamphlets, the purpose of which was to create a feeling
-against the Presbyterians so strong that, if a favourable opportunity
-should occur, the Scottish Establishment might be attacked and
-overthrown. The first to take the field were "two persons of quality."
-Sir George Mackenzie, the late Lord Advocate, and Lord Tarbat,
-afterwards the first Earl of Cromartie, went to London at the crisis of
-the Revolution, and published a pamphlet, the purpose of which was to
-persuade the Prince of Orange that the principles of the Presbyterians
-were not only inconsistent with monarchy, but even destructive of all
-human society.[108] This production did not attract much notice; but a
-great effect was produced by a more elaborate piece of work, to which
-Mackenzie devoted the last months of his life. This was a vindication of
-the system of government pursued in Scotland during the reign of Charles
-the Second.[109] It was, in a measure, a vindication of his own life,
-for few of the rulers of Scotland had taken a more important part in the
-questionable transactions of that reign. When his public career was
-ended by the Revolution, he had retired to Oxford, where Whigs and
-Tories alike were amused and instructed by his conversation, in which
-he did not fail to present the worst features of Presbytery.[110] The
-_Vindication_, the greater part of which was probably written at Oxford,
-was a serious attempt to show that the Executive Government in Scotland
-had not been guilty of oppression and cruelty, that no one had suffered
-on account of his religion, that the Presbyterians were merely rebels,
-and that the laws which had been made against them were not only
-necessary, but had never been harshly administered. He did not live to
-publish this pamphlet himself, but after his death it was printed by Dr.
-Alexander Monro, who had lately been deprived of the place of Principal
-of the University of Edinburgh. Coming from the pen of a well-known
-member of the late Government, who had, for a number of years, been the
-first law officer of the Crown in the country about which he was
-writing, the _Vindication_ had great weight in England.
-
-Monro also published a tract of his own, defending himself against
-charges made by the commissioners who had been appointed to visit the
-Scottish universities, and "purge" them of all professors who would not
-swear allegiance to William and Mary.[111] The effect of this work, and
-others upon the same subject, was to raise a feeling of contempt for the
-state of learning in Scotland, and to cause Englishmen to believe that,
-under the Presbyterian system, literature and science were doomed. Other
-pamphlets were published giving an account of the proceedings in the
-General Assembly and in the Parliament connected with the establishment
-of the Church.[112] These, certainly, contain materials of great
-historical value; but they do not even pretend to be impartial, and were
-written to excite sympathy with the ejected Episcopal ministers and
-dislike to their successors.
-
-The author of one of these pamphlets, the Rev. John Sage, wrote also an
-elaborate treatise on the history and nature of Presbytery, in which he
-maintained that the article in the Claim of Rights which declared that
-Prelacy was a grievance, and contrary to the inclinations of the
-Scottish people, was utterly without foundation.[113] The Presbyterians,
-he asserted, had, in pursuance of a carefully-arranged plan, encouraged
-the rabble to eject the Episcopal ministers, and had managed, during the
-confusion of the times, to secure a majority in the Estates, which did
-not represent the wishes of the country. It was obvious that if this
-could be proved to the satisfaction of the Whigs of England, they would,
-in any treaty of Union, consider seriously whether the religious
-Establishment of Scotland should not be brought into conformity with
-that of England. If a majority of the people desired Presbytery, the
-Whigs, on principle, were bound to support Presbytery. But if neither
-the mob nor the Parliament represented the wishes of the people; if the
-real desire of the nation could only be discovered by private
-consultations with the Tory and Jacobite laity, or gathered from the
-writings of the Episcopal clergy; if the majority of the Parliament
-represented the minority of the nation, then it was the duty of the
-Whigs to support Episcopacy.
-
-But the pamphlets which were most widely read in England were those
-which held up the Presbyterians to execration as persecutors, and to
-ridicule as fanatics. Monro and his friends took great pains to collect
-accounts of the hardships which the Episcopal clergy had suffered at the
-hands of the mob, and published them for the purpose of influencing
-public opinion in England.[114] The clergy were described as "a company
-of resolute Christians that dare lay down their lives for the truth of
-those doctrines which they have formerly taught." In point of fact, none
-of them were called upon to lay down their lives. One of the worst cases
-of "rabbling," which the Episcopalians described as a "tragedy," took
-place at Kirkpatrick in Annandale. On Easter day a party of men and
-women went to the clergyman's house in the morning, knocked him down,
-and then threw him into "a nasty puddle." His wife, who ran out of the
-house, was also thrown down. "Then their noble Captain at this
-honourable expedition gave the word of command to his female janizaries,
-which was _Strip the Curate_ (for they think this a most disgraceful
-appellation, and therefore they apply it to all Episcopal ministers).
-The order was no sooner given, than these Amazons prepared to put it in
-execution, for throwing away their plaids (_i.e._ loose upper garments)
-each of them drew from her girdle a great sharp-pointed dagger,
-prepared, it seems, for a thorough reformation. The good minister lying
-panting and prostrate on the ground, had first his night-gown torn and
-cut off him, his close coat, waistcoat, and britches ript open with
-their knives, nay, their modesty could not so far prevail against their
-zeal, as to spare his shirt and drawers, but all were cut in pieces and
-sacrificed to a broken Covenant. The forementioned Captain gave the
-finishing stroke himself with a great Reforming Club, the blow was
-designed for the minister's head or breast, but he naturally throwing
-up his hands to save those vital parts, occasioned it to fall upon his
-shin-bones, which he had drawn up to cover his Nakedness; the blow was
-such as greatly bruised his legs, and made them swell extraordinarily
-after; however the Captain thinking they were broke, and finding it
-uneasie for himself and his companions to stand longer in a great storm
-of wind and snow which happened to fall out that morning, he drew off
-his company, and left the Semi-Martyr, who afterwards, by the assistance
-of his servants, crawled home to his bed, and but a little after, the
-whole herd of his persecutors broke in again upon him, and told him:
-they had treated him so because he prayed for the Tyrant York (so these
-people ordinarily called King _James_, tho' he was too kind to them),
-and because he had presumed to preach and visit the parishioners as if
-he had been their minister, which they had formerly forbidden him to do;
-they required him also to be gone from their Covenanted Lands, under
-pain of death, before that day Sevennight, and never again to meddle
-with the ministry."[115]
-
-Such stories--and this is only one of many which were printed and
-circulated--could not fail to produce anger and alarm in England; and
-the conduct of the Presbyterian ministers was, at the same time,
-represented in the most unfavourable light. Not one of them, it was
-said, had ever been heard to condemn these outrages from the pulpit. On
-the contrary, sermons had been preached in which the mob had been
-applauded for their zeal. In the cathedral church of Saint Giles at
-Edinburgh the congregation had been told that "such shakings as these
-were the shakings of God, and without such shakings his Church was not
-in use to be settled."
-
-But the sayings and the character of the ministers of the Church of
-Scotland were assailed in the most effective way by those writers who
-relied upon ridicule rather than serious invective. Londoners who
-remembered laughing over Hudibras in the heyday of the Restoration must
-have found the Scotch Presbyterian Eloquence very poor reading. But it
-was admirably suited for the purpose of persuading Englishmen that the
-sermons and prayers of the Scottish ministers were nonsensical
-rhapsodies, and that, in many cases, both the preachers and their
-hearers were hypocrites who led the most immoral lives. That part of the
-work which attacked the private characters of the Presbyterian ministers
-was met by a series of accusations of the same kind against the
-Episcopalians; and it is difficult to say whether the attack or the
-defence is more discreditable. Both are probably, on the whole, equally
-mendacious.[116] But the most telling part of the work consisted of
-selections from grotesque sermons and prayers. "Sirs," one minister is
-reported to have said in his first sermon, "I am coming home to be your
-shepherd, and you must be my sheep, and the Bible will be my tar-bottle,
-for I will mark you with it; (and laying his hand on the clerk or
-precentor's head) he saith, 'Andrew, you shall be my dog.' 'The sorrow a
-bit of your dog will I be,' said Andrew. 'O Andrew, I speak mystically,'
-said the preacher. 'Yea, but you speak mischievously,' said Andrew."
-Another minister, preaching on the first chapter of the Book of Job, is
-represented as saying, "Sirs, I will tell you this story very plainly.
-The Devil comes to God one day. God said, 'What now, Deel, thou foul
-thief, whither are you going?' 'I am going up and down now, Lord, you
-have put me away from you now, I must even do for myself now.' 'Well,
-well, Deel (says God) all the world kens that it is your fault; but do
-not you know that I have an honest servant they call Job? Is not he an
-honest man, Deel?' 'Sorrow to his thank,' says the Deel; 'you make his
-cup stand full even, you make his pot play well, but give him a cuff,
-I'll hazard he'll be as ill as I am called.' 'Go, Deel,' says God, 'I'll
-yoke his honesty with you. Fell his cows, worry his sheep, do all the
-mischief ye can, but for the very soul of you, touch not a hair of his
-tail.'"
-
-The specimens of prayers are equally absurd. "O Lord," one divine says,
-"thou'rt like a mousie peeping out at the hole of a wall, for thou sees
-us, but we see not thee." Another prayed as follows: "Good Lord, what
-have ye been doing all this time? What good have ye done to your poor
-Kirk in Scotland?... O, how often have we put our shoulders to Christ's
-cause, when his own back was at the wall; to be free with you, Lord, we
-have done many things for thee that never entered in thy noddle, and yet
-we are content that thou take all the glory; is not that fair and kind?"
-
-The small quarto from which these extracts are taken was only one,
-though it was the most popular, of a series of similar lampoons. The
-most offensive of these, a comedy written without the wit, but with all
-the licentiousness of Wycherley, was not printed for many years; but it
-may now be read by anyone who wishes fully to understand into what
-depths of malice and profanity some men were driven by the party spirit
-of those days.[117]
-
-The public opinion of England on the ecclesiastical affairs of Scotland
-was, to a great extent, formed by these publications. They increased the
-hostility with which the High Church party regarded the establishment of
-Presbytery. The accounts of the outrages committed on the ejected clergy
-caused a widespread feeling of sympathy with them among all classes of
-Englishmen; and the effect which they produced was not only evident
-during the discussions on the Union, but afterwards led Parliament to
-pass measures which were most unpopular in Scotland, which endangered
-the stability of the Union before it had lasted more than a few years,
-and which have been the occasion of endless troubles, misunderstandings,
-and secessions among the Presbyterians.
-
-The Church question, however, was settled for a time; and the people of
-Scotland, whose whole energies had for so long been absorbed in the
-struggle against religious tyranny, were now ready to advance on the
-path of secular progress. But the commercial policy of England remained
-unaltered. The least hint that the Navigation Act ought to be repealed
-raised an outcry among the merchants of London. The proposals for an
-Union, made by the Estates, had not been listened to. Therefore
-Scotland, it appeared, must submit to remain poor, while England became
-wealthier and wealthier.
-
-But now the self-reliant spirit of the Scottish people rose. If they
-could not share in the trade of England, they would establish a trade of
-their own. If they were not to be the partners of England, they would be
-her rivals. There can be no doubt that the schemes of the Scottish
-Company Trading to Africa and the Indies, on which the hopes of the
-country were placed, were rash and visionary. Scotland, it is true, was
-an independent country, with a Parliament of its own, with its own
-church, laws, coinage, and taxation, united to England by nothing except
-the Crown; and the powers which the Scottish Parliament gave to the
-Company brought this fact prominently into view, for the Company was to
-have the right of arming ships of war, building cities, making harbours
-and fortresses, waging war, and concluding alliances. But these very
-powers, which impressed on Scotsmen the fact that their country was
-independent, could not fail to rouse the alarm of Englishmen, and
-particularly of English traders. The royal assent had, indeed, been
-given to the statute by which the Company was created.[118] But the
-merchants of England were so alarmed, so jealous, so persuaded that
-their own trade was endangered, that we cannot be surprised that
-William, whose position depended entirely on the goodwill of England,
-acted as he did; especially when, at a time when he was deeply involved
-in continental politics, the Company, by sending the expedition to
-Darien, so seriously imperilled his relations with Spain.
-
-The sum of money which was actually lost by Scotland seems small in our
-day. The amount appears to have been about two hundred and twenty
-thousand pounds; but the Scotland of the seventeenth century was far
-less able to bear the loss of this sum, than the France of the
-nineteenth century was to bear the loss of all the millions which she,
-like her ancient ally, threw away upon the shores of the Gulf of Darien.
-And rich as England was, in comparison with Scotland, her condition at
-this time was not so prosperous as to make her liberal in dealing with
-other nations. War had brought increased taxation; and our enormous
-national debt, then beginning to accumulate, was a source of constant
-alarm. In the country districts farmers were suffering from a long
-period of agricultural depression, and rents were seldom paid in full.
-In the towns work was scarce, and the price of bread was rising. The
-carrying trade languished in spite of the monopoly which English
-shipping enjoyed under the Navigation Act, and the resistance to
-granting Scotland what she chiefly demanded, a share in the colonial
-trade, was increased by complaints which reached this country from
-across the seas. The Scottish shipowners, it was said, were landing
-goods in America, and underselling the English merchants; and to such an
-extent was this done, that Government was called upon to send out
-men-of-war to stop this illegal traffic.
-
-And so once more England and Scotland were at variance. The Lords and
-the Commons forgot their quarrels, and combined to address the king
-against the Scottish Company. William's reply was that he would
-endeavour to find some means of escape from the difficulty which had
-arisen. That no such difficulty could have arisen if there had not been
-two Parliaments was perfectly clear. The statute under which the
-Scottish colonists sailed to Darien had received the royal assent, in
-the Parliament House at Edinburgh, at a time when the king was on the
-Continent. It was possible that other measures of equal importance to
-England might become law in the same way; and the subject of the Union
-again begins to appear in the correspondence of the day.
-
-"You may remember," Marchmont writes, "your Lordship was speaking a
-little to me about an Union of the two Kingdoms. I have thought much
-upon it, and I am of opinion that the generations to come of Scotsmen
-will bless them and their posterity, who can have a good hand in
-it."[119] Two months later he addresses another correspondent on the
-same subject. "I am confident," he says, giving his view of Scottish
-opinion at this time, "if such a thing came to be treated in terms any
-ways tolerable, it would find a ready concurrence of the far greater
-part of people of all ranks of this nation."[120] In January 1700,
-Vernon, writing to Lord Shrewsbury, says: "My Lord Privy Seal[121] can
-no sooner hear the word Union named, but he runs blindfold into it, and
-said all he could think of, for pressing it. My Lord Halifax opposed it;
-and said they should run any risk rather than be bullied by the Scots'
-menaces."[122]
-
-The contempt for Scotland which Halifax had expressed was common. In
-another letter Vernon describes how Sir Edward Seymour, in his place in
-Parliament, said that the Union reminded him of the story about a
-countryman who was asked to marry a poor wife, and gave as a reason for
-refusing, "that if he married a beggar, he should have a louse for a
-portion." Vernon adds, "this the Scotch have heard, and are very angry
-at it."[123]
-
-The king lost no time in declaring his own opinion. In a speech to the
-Lords he reminded them of the Union, which he had recommended soon
-after his accession, and again pressed it upon the consideration of
-Parliament, as the only means by which a constant succession of quarrels
-between the two countries could be avoided.[124] The Lords at once took
-his advice, and passed a Bill for appointing commissioners to treat upon
-the subject of the Union, which they sent to the Commons with the
-statement that it was a Bill of great consequence.
-
-At this time there was a great feeling of jealousy between the two
-Houses of Parliament, and the Commons, resenting the action of the Upper
-House in calling special attention to this Bill, seized the opportunity
-of picking a quarrel, and appointed a Committee to report whether there
-were any precedents for specially recommending Bills. The Committee
-reported that there were several precedents. Bills had been sent with
-such recommendations, both from the Lords to the Commons, and from the
-Commons to the Lords. Nevertheless the Commons rejected the Union Bill
-upon the second reading.[125]
-
-During the summer of 1700 Scotland was in a state of dangerous
-excitement. "The Scotch look," Vernon writes, "as if they were ready for
-any mischief, and that nothing will please them but setting up for
-themselves." For the last five years the crops had failed. Thousands had
-perished from famine. Thousands more had been driven to emigrate. The
-treasury was exhausted. On the balance of trade there was an annual
-loss. The Bank of Scotland, established in 1695, found that the whole
-business of the country could be conducted on a capital of thirty
-thousand pounds; and so limited was the trade, that neither Glasgow,
-Dundee, nor Aberdeen could support a branch of the bank.[126] So
-frightful was the state of things that Fletcher of Saltoun, whose whole
-mind and soul were given up to an intense love for Scotland, thought
-that no foundation could be laid for better times except by reducing a
-great part of the population to slavery.
-
-The Estates had not met for two years. An address calling upon the king
-to assemble a new Parliament was sent up to London; and it was openly
-said, that if he refused, a national convention would meet, and meet
-moreover at Perth, where the members would have "Athol and a part of the
-Highlands at their backs." The staunch Whigs of the Lowlands laughed in
-public at the idea of a rebellion; but they were well aware that society
-in Scotland was deeply tainted with that Jacobite feeling which
-afterwards gave so much trouble. It appears, from a letter written by
-Melville to Carstares, that attempts had been made to tamper even with
-persons who were known and avowed Whigs. The Duke of Hamilton, "upon his
-lady's birthday," was entertaining a party of his friends, among whom
-were Queensberry, Argyll, and Leven. After dinner he began to speak in a
-very confidential manner to Leven, telling him "that he loved him," that
-he would do all he could to save him, and that he "would obtain a pardon
-for him." Leven asked him what he meant, saying that he had done nothing
-to require a pardon from King William, and as for King James, he would
-not accept one from him. Hamilton saw he had gone too far, and explained
-away what he had said. "It is true," says Melville, "the duke was very
-drunk; but _post vinum veritas_."[127]
-
-It was plain that the Estates must meet; for not only was the national
-outcry too loud to be ignored, but, the treasury being empty, supplies
-must be voted, or the Government could no longer be carried on. But the
-misery and discontent was so universal, that William could not face a
-general election. The majority of the old Revolution Parliament,
-however, were still sound Whigs; and it was resolved to summon it once
-more. The Government did not rely solely on the help of their own
-supporters, but made a carefully-planned assault on the votes of the
-Opposition members. The officers of State themselves undertook the
-business. Each agreed to canvass a certain number of members. Sometimes
-they set the parish ministers to work; and in other cases the good
-offices of a member's wife were secured. And there is no doubt that
-besides mere solicitation and appeals to interested motives, there was
-direct bribery. The result of these transactions was that when the
-Parliament met, in October 1700, the Government had a majority.[128]
-
-[Illustration: JAMES DOUGLAS, 4TH DUKE OF HAMILTON.]
-
-Queensberry, who was Lord High Commissioner, had been instructed to ask
-for supplies for eight months, but to take less if they were refused. If
-the supplies were voted, he was authorised to give the royal assent to a
-subsidy in aid of any branch of Scottish trade which was consistent with
-the treaty obligations of the Crown; but if the Parliament wished to
-vote money for the African and Indian Company, it must be applied only
-to making good the losses which had been sustained at Darien. If an Act
-was passed confirming the privileges of the Darien colony, the royal
-assent was to be at once refused.[129]
-
-The Opposition, led by Hamilton, desired to pass an Act asserting the
-right of Scotland to the settlement at Darien, which was the favourite
-scheme of the country, and which the Estates had lately been told from
-the pulpit was "that great, laudable, and glorious design and
-undertaking of the nation, for the advancement of foreign trade, which
-if it be altogether crushed, Scotland is never like to enjoy such a fair
-opportunity again, for promoting her outward wealth and welfare."[130]
-The Government, on the other hand, moved an address to the king praying
-him to vindicate the honour of Scotland, and to extend his protection to
-the Company.
-
-There was a long and fierce debate. Some of those on whom the ministers
-had relied followed Hamilton, and others declined to vote. But the
-Government had a majority of twenty-four; and the session ended quietly
-on the 1st of February 1701.
-
-In Scotland the losses at Darien had brought to a climax the
-long-standing feud on the subject of commerce. The discontent and
-annoyance which had been growing ever since the Navigation Act was
-passed, had now developed into a most violent exasperation against
-England and every thing that was English. Yet the temperament of the
-Scottish people was such that these feelings did not lead them into
-plots against the English Government. They seem to have felt at once
-that the greater the obstacles which the jealousy of their neighbour
-might put in their way, the greater was the need for energy and
-self-help on their own part. Instead of sinking into apathy and
-indolence, or allowing their hatred of England to drive them into
-violence, they became more active than ever in forming plans for
-bringing solid material prosperity to their country. The air was full of
-projects; and soon these projects took a definite shape. All Scotland
-was to became one great trading company. The subscribers to the African
-Company were to be repaid in full. A sum of money greater than that
-which had been lost was to be raised within two years. In spite of
-English opposition, colonies were to be founded by Scotsmen. At home
-manufactories were to be established all over the country. The fisheries
-of Scotland were to be pursued "to greater profit in all the markets of
-Europe than any other fishing company in Christendom can do." Employment
-was to be found for the poor, "so that in two years time there shall
-not be one beggar seen in all the kingdom."
-
-It was in the midst of this patriotic ferment that Hamilton, Tweeddale,
-Rothes, Roxburghe, and Andrew Fletcher of Saltoun formed that
-independent or national party which, calling itself the Country Party,
-was destined, during the next few years, to pursue a course which
-ultimately forced England into uniting with Scotland. This party had its
-origin in the assertion of the right of Scotland to free trade at home
-and abroad; and the keynote of its policy was that Scotland should
-refuse to settle the succession to the Scottish Crown until her
-grievances were redressed. But with the death of William and the
-accession of Anne, Scottish politics entered upon a new phase; and here
-the early history of the Union question naturally ends.
-
-[Illustration: ANDREW FLETCHER OF SALTOUN.]
-
-In the first year of Queen Anne, commissioners were appointed to treat
-for an Union. They met at Westminster in October 1702, and agreed
-that the two countries should become one monarchy, with one
-Parliament, and a system of internal free trade. The English consented,
-though reluctantly, to allow the Scots to trade with the colonies; but
-on the subject of the Company of Scotland Trading to Africa and the
-Indies no agreement was found to be possible. The English commissioners
-maintained that the privileges of the Scottish Company interfered with
-the interests of the East India Company: "Two companies existing
-together in the same kingdom, and carrying on the same traffic, are
-destructive to trade." To this the Scottish commissioners replied by a
-claim for compensation, if the Scottish Company, whose losses in the
-Darien expedition had been so disastrous, was abolished. "If," they
-said, "the existing of companies for carrying on the same traffic, do
-appear to your Lordships destructive of trade; it is not expected that
-your Lordships will insist, that, therefore, the privileges of the
-_Scots_ Company should be abandoned, without offering at the same time
-to purchase their right at the public expense." This brought matters to
-a deadlock; the commissioners separated; and the negotiations were
-ultimately abandoned.
-
-Defoe describes these proceedings as a "Sham Treaty," and, in his
-opinion, religion was the real, though secret, difficulty. "The
-jealousies," he says, "on both sides about Church affairs, in respect to
-the Union, were ground of such difficulties as no Body could surmount,
-and lay as a Secret Mine, with which that Party who designed to keep the
-nation divided, were sure to blow it up at last, and therefore knew that
-all they did till that Point was discust signified nothing, and that
-whenever they pleased to put an end to it, they had an immediate
-opportunity."
-
-But even if the commissioners had come to terms on the questions of the
-Scottish Trading Company and of the Church, there can be no doubt that
-the Scottish Estates would not have ratified the treaty; for, as the
-proceedings of the first Parliament of Queen Anne proved, Scotland was
-now so exasperated against England that nearly five years of turmoil and
-danger were to pass away before the statesmen of the two countries,
-brought face to face with something more than the possibility of civil
-war, at last succeeded in carrying the Union of 1707, in the terms of
-which, apart from the loss of the right of complete self-government
-through their own Parliament, the advantages lay, upon the whole, with
-the Scottish people.
-
-                              THE END.
-
-
-FOOTNOTES:
-
-[103] Leven and Melville Papers (Bannatyne Club), 7th March 1689.
-
-[104] Lords Journals, 21st March 1690.
-
-[105] Act concerning Patronages, 19th July 1690.
-
-[106] Address of the Scottish Bishops to James II., 3rd Nov. 1688.
-
-[107] It would appear from a memorandum among the Rawlinson MSS. in the
-Bodleian Library that several English bishops, some of the Scottish
-peers, and some members of the Scottish Whig party, had held a private
-conference and agreed that the Jacobite clergy should be unmolested. The
-English bishops represented the case of the Scottish Episcopal clergy to
-William about the same time. But it was doubtless felt that any attempt
-to pass an Act of Toleration through the Scottish Parliament would fail.
-(Rawlinson MSS. c. 985.)
-
-[108] _A Memorial for his Highness the Prince of Orange_, by two persons
-of quality. London, 1689.
-
-[109] _A Vindication of the Government in Scotland during the reign of
-King Charles II._, by Sir George Mackenzie, late Lord Advocate there.
-London, 1691.
-
-[110] Evelyn's _Diary_, 7th March 1690.
-
-[111] _Presbyterian Inquisition: as it was lately practised against the
-Professors of the College of Edinburgh, August and September 1690._
-London, 1691.
-
-[112] _An Historical Relation of the late Presbyterian General
-Assembly_, London, 1691; _An Account of the late Establishment of
-Presbyterian Government by the Parliament of Scotland_, London, 1693.
-
-[113] _The Fundamental Charter of Presbytery, examined and disproved_,
-London, 1695.
-
-[114] _An Account of the Present Persecution of the Church in Scotland,
-in several Letters_, London, 1690; _The Case of the Present Afflicted
-Clergy in Scotland_, By a Lover of the Church and his Country, London,
-1690.
-
-[115] _Case of the Afflicted Clergy_, Second Collection of Papers, p.
-60.
-
-[116] _The Scotch Presbyterian Eloquence; or The Foolishness of their
-Teaching discovered_, London, 1692; _An Answer to the Scotch
-Presbyterian Eloquence_, 1693; _Some remarks upon a late pamphlet
-entitled "Answer to the Scotch Presbyterian Eloquence,"_ London, 1694. A
-second edition of _The Scotch Presbyterian Eloquence_ was published in
-1694, a third in 1719, and there have been other editions since.
-
-[117] _The Assembly, or Scotch Reformation; a Comedy._ Done from the
-original manuscript, written in the year 1690, by Archibald Pitcairn,
-M.D. Edinburgh, 1817.
-
-[118] Act for a Company Trading to Africa and the Indies, 26th June
-1695.
-
-[119] Marchmont to Seafield, 7th October 1699, _Marchmont Papers_, iii.
-178.
-
-[120] To Pringle, 23rd December 1699, _Marchmont Papers_, iii. 199.
-
-[121] John, first Viscount Lonsdale.
-
-[122] 11th January 1700, _Vernon Letters_, ii. 404.
-
-[123] _Vernon Letters_, ii. 408.
-
-[124] Lords Journals, 12th February 1700.
-
-[125] Commons Journals, 5th March 1700.
-
-[126] Somerville, p. 151; Chalmers' _Caledonia_, i. 868.
-
-[127] _Carstares State Papers_, p. 579.
-
-[128] See the Duke of Queensberry's letter to Mr. Carstares of 9th
-September, and other letters among the _Carstares Papers_ during the
-summer and autumn of 1700.
-
-[129] Private Instructions to the Duke of Queensberry, Hampton Court,
-25th April 1700; Add. MSS., British Museum, 24, 064, f. 18. The Estates
-met in May, but were adjourned until October.
-
-[130] A Sermon preached before his Grace James Duke of Queensberry, His
-Majesty's High Commissioner, and the Honourable Estates of Parliament,
-in the Parliament House, the 1st December 1700. Edinburgh, 1701.
-
-
-
-
-_Index_
-
-
-    _Abbotsford Club Miscellany_, Satire against Scotland in, 58.
-
-    _Aberdeen_, progress of, during the Commonwealth, 110;
-      cannot support a branch of the Bank of Scotland, 177.
-
-    _Aberdeen_, first Earl of, 139.
-
-    _Albon_, Jacques d', Marshal of France, 24.
-
-    _Annandale_, rabbling in, 163.
-
-    _Anne_, Queen, accession of, 183.
-
-    _Aragon_, 81.
-
-    _Argyll_, Lord Justice of Scotland, 37;
-      Earl of, a Lord of the Council, 40;
-      Marquis of, opposes Cromwell, 97;
-      endeavours to secure return of Scotsmen to Parliament, 1656,
-          105;
-      represents Aberdeenshire in Richard Cromwell's Parliament, 105;
-      Duke of, 178.
-
-    _Argyllshire_, representation of, in 1658, 105.
-
-    _Arran_, James, third Earl of, marriage to Elizabeth proposed, 27,
-          40, 41;
-      leaves France, 30;
-      Elizabeth declines to marry, 44;
-      a Lord of the Congregation, 40.
-
-    _Assembly_, The, a Comedy, 169.
-
-    _Assembly_, General, dissolved during the Commonwealth, 114.
-
-    _Athole_, Duke of, remains neutral at the Reformation, 40.
-
-    _Aubespine_, Claude de l', Secretary of State, 24.
-
-    _Ayr_, fort built at, 107.
-
-
-    _Babington Conspiracy_, 49.
-
-    _Bacon_, supports the Union, 60, 61, 62;
-      on the Union Commission, 64;
-      opposes assimilation of laws of England and Scotland, 70;
-      his description of the Union Commissioners of 1604, 69;
-      assists Sir Thomas Hamilton to adjust the Treaty, 71;
-      his speech for the Union, 78-81;
-      his argument for the post-nati, 86.
-
-    _Baillie_, Rev. Robert, deplores the Union, 99, 100;
-      account of Scotland during the Commonwealth, 119;
-      his intolerance, 117;
-      account of Lord Broghill, 107.
-
-    _Baliol_, reign of, 11.
-
-    _Band Anent the Trew Religioun_, 1585, 47.
-
-    _Bank of Scotland_, 176.
-
-    _Bannockburn_, 15.
-
-    _Barbadoes_, trade with Glasgow, 109.
-
-    _Barebones' Parliament_, representation of Scotland in, 101.
-
-    _Basilikon Doron_, 52, 59.
-
-    _Berkeley_, Bishop, 88.
-
-    _Berwick_, not to be molested by Scots, 24;
-      Sir Ralph Sadler at, 30;
-      Convention at, 36, 37;
-      Treaty of, 37;
-      goods from Scotland must pass through, 131.
-
-    _Bettancourt_, Monsieur de, 25.
-
-    _Binning_, Rev. Hugh, 113.
-
-    _Blackstone_, cited, 127.
-
-    _Bothwell_, Earl of, doubtful at Reformation, 40.
-
-    _Boyd_, Lord, a Lord of the Congregation, 40.
-
-    _Boyle_, Roger (Lord Broghill), President of the Scottish Council,
-          106, 107.
-
-    _Bretaigne_, Sir John de, Warden of Scotland, 13.
-
-    _Bridgeman_, Lord Keeper, 137.
-
-    _Broghill_, Lord, 106, 107.
-
-    _Bruce_, Robert, 15, 35.
-
-    _Buchan_, Earl of, at Parliament of Westminster, 12.
-
-    _Buchanan_, George, 60.
-
-    _Buckingham_, Duke of, 137.
-
-    _Burnet_, Bishop, account of Cromwell's soldiers at Aberdeen, 107;
-      of state of Scotland during the Commonwealth, 107, 120.
-
-    _Bute_, representation of, in Richard Cromwell's Parliament, 105.
-
-
-    _Caithness_, Earl of, is neutral at the Reformation, 40.
-
-    _Calais_, 36.
-
-    _Calvin_ v. _Smith_ (case of the post-nati), 86.
-
-    _Cambray_, Treaty of, 23, 24.
-
-    _Cameronians_, 153.
-
-    _Carlisle_, goods from Scotland must pass through, 131.
-
-    _Carlyle_, Thomas, cited, 121.
-
-    _Carstares_, Principal, 177, 178, 179.
-
-    _Carthusians_, Monastery of, at Perth, 26.
-
-    _Cassillis_, Earl of, in Cromwell's House of Lords, 121.
-
-    _Cassillis_, Lord, neutral at the Reformation, 40.
-
-    _Castile_, 81.
-
-    _Cecil_, encourages marriage of Elizabeth and Arran, 27;
-      in favour of sending troops to Scotland, 28, 29, 30;
-      persuades Elizabeth to send an army to Scotland, 35.
-
-    _Charles I._, Scottish policy of, 93;
-      engagement for the relief of, 112.
-
-    _Charles II._, signs the Covenants, 94, 95;
-      favourable to Union at first, 125.
-
-    _Chatelherault_, Duke of, 27, 30.
-
-    _Chien_, Sir Reynaud de, 13.
-
-    _Christian Love_, treatise on, by Rev. Hugh Binning, 113.
-
-    _Clackmannan_, representation of, in Richard Cromwell's
-          Parliament, 105.
-
-    _Clarendon_, Earl of, opposes Lauderdale, 128;
-      in favour of Union, 123.
-
-    _Clyde_, during the Commonwealth, 109, 110.
-
-    _Coke_, Sir Edward, cited, 70;
-      in favour of Union, 81.
-
-    _Collingham_, Prior of, 40.
-
-    _Confession of Faith_, of 1560, 89, 90;
-      Westminster, 151, 152, 157.
-
-    _Congregation_, Lords of the, 25, 26.
-
-    _Cork_, Earl of, 106.
-
-    _Country Party_, rise of, in Scotland, 182.
-
-    _Craig_, Sir Thomas, 66.
-
-    _Craigmillar_, Castle burned, 17.
-
-    _Cranbourne_, Lord, 59.
-
-    _Crichton_, Lord, is neutral at the Reformation, 40.
-
-    _Cromwell_, Oliver, victorious at Dunbar and Worcester, 95, 96;
-      dissolves the Long Parliament, 101;
-      becomes Lord Protector, 102;
-      meeting of his first Parliament, 104;
-      his opinion of the Scots, 116, 121;
-      intends to found a College of Physicians for Scotland, 118;
-      his House of Lords, 121;
-      the Union under, 135, _et seq._;
-      his forts in Scotland demolished after the Restoration, 124.
-
-    _Cromwell_, Richard, representatives of Scotland in his
-          Parliament, 105.
-
-    _Cumberland_, duties on horses coming from Scotland, 130.
-
-    _Cupar_, Abbot of, at Parliament of Westminster, 12.
-
-
-    _Dalkeith_, delegates discuss Union at, during the Commonwealth,
-          98, 99, 100.
-
-    _Dalrymple_, Sir John (first Earl of Stair), 148.
-
-    _Darien_, 172, 173, 180, 181.
-
-    _Darnley_, 46.
-
-    _Dartmouth_, Lord, cited, 137.
-
-    _Dauphin_, marriage to Mary of Scotland, 21, 22;
-      proclaims himself and Mary, King and Queen of Scotland, 23;
-      gives up using Arms of England, 38.
-
-    _David_, King of Scotland, 14.
-
-    _Debateable Ground_, The, 19.
-
-    _Defoe_, Daniel, 120, 133, 184.
-
-    _Drummond_, Lord, is neutral at the Reformation, 40.
-
-    _Dryburgh_, Abbey destroyed, 17.
-
-    _Dudley_ (Earl of Leicester), 43.
-
-    _Dumbartonshire_, representation of, in Richard Cromwell's
-          Parliament, 105.
-
-    _Dunbar_, battle of, 95, 96, 112.
-
-    _Dundas_, of Dundas, 100.
-
-    _Dundee_, progress of, during the Commonwealth, 110;
-      storming of, 97;
-      no bank at, 177.
-
-    _Dunfermline_, Earl of, 65, 66.
-
-    _Dunkeld_, Bishop of, at Parliament of Westminster, 12.
-
-    _Dutch_, Navigation Act directed against, 127.
-
-
-    _East India Company_, 87, 183.
-
-    _Edinburgh_, burned by the English, 16, 17;
-      Treaty of, 38, 39;
-      taken by Cromwell, 96;
-      Union proclaimed at, 98, 103;
-      grant to University of, 118;
-      Monro, Principal of University of, 160.
-
-    _Edward I._, 10, 11, 12, 14, 35.
-
-    _Edward VI._, 17.
-
-    _Edward_, Prince, 10.
-
-    _Edwards_, Thomas, author of the _Gangræna_, 117.
-
-    _Ellesmere_, Lord Chancellor, 64, 86.
-
-    _Elizabeth_, Queen, agrees to send troops to Scotland, 35;
-      marriage to Arran proposed, 40, 41, 44;
-      to Dudley, 44.
-
-    _Elizabeth_, Princess of Scotland, 55.
-
-    _Elphinstone_, James (Lord Balmerino), 66.
-
-    _England_, attempted Union to Scotland in the reign of Edward I.,
-          11;
-      treatment of Scotsmen in, 14;
-      Scottish hatred to, 17;
-      Crown of, claimed by Mary and the Dauphin, 23;
-      James VI. of Scotland well received in, 57;
-      conduct of Scotsmen passing through, 75;
-      Bacon on the future greatness of, 81;
-      Reformation in, 87, 88;
-      revenue of, during the Commonwealth, 110;
-      Bills for uniting with Scotland in 1659, 118, 121;
-      Scottish Church question misunderstood in, 144;
-      alarm in, produced by writings of Scottish Episcopalians, 165,
-          _et seq._;
-      relations with Scotland in the reign of William III., 173,
-          _et seq._
-
-    _Errol_, Earl of, 40.
-
-    _Evelyn_, John, Diary cited, 159.
-
-
-    _False Brother_, The, 143.
-
-    _Five Mile Act_, 145.
-
-    _Fleming_, Lord, doubtful at the Reformation, 40.
-
-    _Fletcher_, of Saltoun, 99, 107, 177, 182.
-
-    _Flodden_, battle of, 15, 35.
-
-    _Florence_, 81.
-
-    _France_, relations with Scotland, 20, 21, 23, 28, 29;
-      trade with Glasgow, 109.
-
-    _Francis II._, death of, 44.
-
-    _Fotheringay_, 45.
-
-    _Froude_, Mr., cited, 23, 28, 41.
-
-    _Fyvie_, Lord, 65.
-
-
-    _Gillespie_, Patrick, 117, 118.
-
-    _Glasgow_, opposition to Union during the Commonwealth, 98, 100,
-          119;
-      fort built at, 107;
-      trade of, 109, 110, 177;
-      University of, 118.
-
-    _Glencairn_, fifth Earl of, a Lord of the Congregation, 40;
-      ninth Earl of, rising under in the Highlands, 97.
-
-    _Gordon_, Sir George, of Haddo, 139.
-
-    _Grey_, Lord, Warden of the East Marches, 35.
-
-    _Guise_, Duke of, 47.
-
-    _Guise_, Mary of, 20, _et seq._
-
-    _Gunpowder Plot_, 75.
-
-    _Gurdon_, Sir Adam de, at the Parliament of Westminster, 12.
-
-
-    _Haddington_, Earl of, _see_ Hamilton.
-
-    _Halifax_, Lord, 174.
-
-    _Hamilton_, Duke of, 177, 178, 180, 181, 182.
-
-    _Hamilton_, Sir Thomas (first Earl of Haddington), 56;
-      on Union Commission, 66, 71.
-
-    _Hamilton Papers_, 40.
-
-    _Harleian Miscellany_, 143.
-
-    _Henry VII._, 15.
-
-    _Henry VIII._, Scottish policy of, 17;
-      proposes marriage of Prince of Wales and Mary of Scotland, 15.
-
-    _Henry_, Prince (son of James VI. of Scotland), 52.
-
-    _Henry_, of France, naturalises Scotsmen in France, 22;
-      sends M. de Bettancourt to Edinburgh, 25;
-      death of, 28.
-
-    _Henry_, of Navarre, 47.
-
-    _Heriot_, George, 56, 96.
-
-    _Hill Men_, 153.
-
-    _Holyrood_, Mary of Scotland at, 46;
-      dismantled, 55;
-      turned into barracks, 96;
-      Abbot of, doubtful at the Reformation, 40.
-
-    _Hume_, Lord, neutral at the Reformation, 40.
-
-    _Huntly_, Earl of, neutral at the Reformation, 40.
-
-
-    _Inchmartyn_, Sir John de, at the Parliament of Westminster, 12.
-
-    _Inverlochy_, Castle of, repaired, 107.
-
-    _Inverness_, fort built at, 107.
-
-    _Inverness-shire_, representation of, in Richard Cromwell's
-          Parliament, 105.
-
-    _Ireland_, trade with Glasgow, 109;
-      Lord Justice of Scotland to assist Lord Lieutenant of, 37.
-
-
-    _James IV._ of Scotland, 15.
-
-    _James VI._ of Scotland, asked to join the Holy League, 47;
-      agrees to send troops into England, 48;
-      conduct at death of his mother, 50, 51;
-      leaves Scotland, 53, _et seq._;
-      how received in England, 57;
-      announces the Union of England and Scotland, 59;
-      summons a Parliament in Scotland to discuss the Union, 63;
-      recommends the Union to the English Parliament, 63, 64;
-      remonstrances with the English Parliament, 81, 82;
-      insists on his right to issue letters of denization, 73;
-      thanks the Union Commissioners, 74;
-      his _Basilikon Doron_, 52;
-      his opinions as to the Heritable Jurisdiction, 70, 71;
-      his dislike to the Presbyterian Church, 90, 91.
-
-    _James II._ of England, addressed by Scottish Bishops, 154.
-
-    _Jersey_, Lord, 137.
-
-    _Jewel_, letter to Peter Martyr, quoted, 41.
-
-    _Johnston_, Sir Archibald, of Warriston, 99, 121.
-
-
-    _Kethe_, Sir Robert de, at the Parliament of Westminster, 12.
-
-    _Kirkpatrick_, rabbling at, 163.
-
-    _Kirkton_, Rev. James, 119, 120.
-
-    _Knox_, John, comes to Scotland from Geneva, 26.
-
-
-    _Lambert_, 97.
-
-    _Laud_, Archbishop, 93.
-
-    _Lauderdale_, Duke of, against continuing the Union after the
-          Restoration, 123, 124;
-      his advice as to the Church of Scotland not followed, 124, 125;
-      changes his views as to the Union, 138;
-      quarrels with Tweeddale, 140.
-
-    _Lauriston_, Sir Alexander Straton of, 74.
-
-    _Law_, Rev. Robert, his Memorialls, 120.
-
-    _Leighton_, Bishop, 117.
-
-    _Leith_, burned, 16, 17;
-      Mary of Guise and French troops in, 30, 31;
-      siege of, 38;
-      fort at, 107;
-      progress of, 110.
-
-    _Leven_, Lord, 178.
-
-    _Lindsay_, Master of, a Lord of the Congregation, 40.
-
-    _Linlithgow_, representation of, in Richard Cromwell's Parliament,
-          105.
-
-    _Livingstone_, Lord, remains neutral at the Reformation, 40.
-
-    _Lockhart_, Sir William, on the Scottish Council during the
-          Commonwealth, 106;
-      in Cromwell's House of Lords, 121.
-
-    _London_, Scotsmen in, during reign of Elizabeth, 55, 56;
-      scarcity of wood in, 135;
-      Union Commission at, in 1670, 139;
-      in 1702, 183.
-
-    _Longleat_, MSS. at, 40.
-
-    _Lonsdale_, Viscount, 174.
-
-    _Lorraine_, Cardinal of, at the Treaty of Cambray, 24.
-
-
-    _Mackintosh_, Sir James, 88.
-
-    _Mackenzie_, Sir George, of Rosehaugh, 128, 139, 140, 158, 159.
-
-    _Maid of Norway_, 10.
-
-    _Maitland_, Sir John, 50.
-
-    _Maitland_, William, of Lethington, advocates the Union of England
-          and Scotland, 31-34.
-
-    _March_, Patrick, Earl of, 12.
-
-    _Marchmont_, Earl of, 174.
-
-    _Margaret_, Princess, 15, 46.
-
-    _Marshall_, Earl, neutral at the Reformation, 40.
-
-    _Martyr_, Peter, letter to, from Jewel, quoted, 41.
-
-    _Mary_, of Guise (Queen Regent), assembles the Scottish Nobles in
-          1555, 20, 21;
-      asked by Henry of France to suppress the Reformation in
-          Scotland, 25, 26;
-      takes shelter in Leith, 30;
-      her death, 38.
-
-    _Mary_, Queen of England, effects of her death, 22, 23.
-
-    _Mary_, Queen of Scots, betrothed to the Dauphin, 17;
-      sent to France, 19;
-      effects of her marriage on the relations of France and Scotland,
-          21;
-      assumes the title of Queen of England, 23;
-      to give up using this title, 38;
-      death of Francis II., 44;
-      returns to Scotland, 45;
-      her execution, 49.
-
-    _Mary_, Queen of England (wife of William III.), 149.
-
-    _Masson_, Professor, cited, 71.
-
-    _Maxwell_, Master of, a Lord of the Congregation, 40.
-
-    _Melrose_, Abbey, destroyed by the English, 17.
-
-    _Melrose_, Abbot, at the Parliament of Westminster, 12.
-
-    _Melville_, George, first Earl of, 148, 177, 178.
-
-    _Middleton_, John, first Earl of, 128.
-
-    _Midlothian_, representation of, in Richard Cromwell's Parliament,
-          105.
-
-    _Monk_, General, 97, 104.
-
-    _Monro_, Dr. Alexander, 160, 162.
-
-    _Monteith_, Earl of, a Lord of the Congregation, 40.
-
-    _Monteith_, Sir John, 12, 13.
-
-    _Montmorency_, Duke of, at the Treaty of Cambray, 24.
-
-    _Montrose_, John, Earl of, on Commission for Union, 65.
-
-    _Montrose_, William, Earl of, neutral at the Reformation, 40.
-
-    _Morton_, Earl of, neutral at the Reformation, 40.
-
-    _Morvillier_, Bishop of Orleans, 24.
-
-    _Moubray_, Sir John de, 12.
-
-
-    _Navigation Act (English)_, 127-129, 132, 133, 170, 172.
-
-    _Navigation Act (Scottish)_, 131.
-
-    _Newcastle_, 133.
-
-    _Nisbet_, Sir John, Lord Advocate, 140.
-
-    _Norfolk_, Lieutenant of the North of England, 36.
-
-    _Norham_, 24.
-
-    _Northumberland_, duty on horses entering, 130.
-
-    _Norway_, trade with Glasgow, 109.
-
-    _Nova Scotia_, 87.
-
-
-    _Ochiltree_, Lord, a Lord of the Congregation, 40.
-
-    _Oxford_, Sir George Mackenzie at, 159.
-
-
-    _Parliament of England_, Address of James I. to, 60;
-      meeting of, in 1604, 63;
-      in 1605, 75;
-      in 1606, 76;
-      debate on Scottish question, 77, 78, 79, 80, 81, 82;
-      will not agree to the Union in 1607, 84;
-      representation of Scotland in, during the Commonwealth, 100,
-          101;
-      the Long Parliament dissolved, 101;
-      representation of Scotland in Barebones' Parliament, 101;
-      thirty members to serve for Scotland in, 102;
-      Protector's first Parliament, 104;
-      Scottish members in 1656, 105;
-      Richard Cromwell's Parliament, 105;
-      jurisdiction in Scotland forbidden except under authority of,
-          108;
-      Bills for Union brought into, in 1659, 118;
-      Lauderdale's fear of, 124;
-      commercial policy of English Parliament, 127;
-      passes a Navigation Act, 128;
-      Address of William III. to, 150;
-      state of feeling in, 151;
-      Address against Scottish Trading Company, 173;
-      Scotland attacked in Parliament, 175;
-      jealousy between Lords and Commons, 175, 176.
-
-    _Parliament of Scotland_, resolves to betroth Mary to the Dauphin,
-          17;
-      terms on which their marriage agreed to, 21;
-      deputation from, to be sent to France, 39;
-      disowns the authority of the Pope, 40;
-      in favour of the Union of the Crowns, 41;
-      meets at St. Andrews, in 1585, 47;
-      meeting of, in 1587, 49;
-      position of, after the Union of the Crowns, 55;
-      summoned to meet in April 1604, 63;
-      meets at Perth in July 1604, 65;
-      appoints Commission on Union, 65, 66;
-      resolves that Union not to interfere with independence of
-          Scotland, 67;
-      meets in August 1607, 83;
-      agrees to articles of Union, 84;
-      acknowledges the royal supremacy over all persons and causes,
-          91;
-      protests against execution of Charles I., 94;
-      does not sit during the Commonwealth, 97;
-      meets again after the Restoration, 124;
-      passes a Navigation Act for Scotland, 131;
-      meets in Edinburgh in 1669, 138;
-      Address of William III. to, in 1689, 147;
-      appoints a Commission on Union, 149, 150;
-      passes Acts relating to the Church, 151, 156;
-      passes the Act for a Company Trading to Africa and the Indies,
-          171, 172, 173;
-      meets in October 1700, 179, 180, 181;
-      first Parliament of Queen Anne, 185.
-
-    _Parliament_, at Westminster, in 1305, 12.
-
-    _Patronage_, Law of, 152.
-
-    _Perth_, John Knox at, 26.
-
-    _Perthshire_, representation of, in Richard Cromwell's Parliament,
-          105.
-
-    _Piggott_, Sir Christopher, 77.
-
-    _Pinkie_, Battle of, 17, 35.
-
-    _Pinkie House_, Council at, in 1560, 38.
-
-    _Pisa_, 81.
-
-    _Pitcairn_, Archibald, M.D., 169.
-
-    _Portland_, Duke of, 133.
-
-    _Presbyterian Eloquence_, displayed, 166.
-
-    _Presbyterian Inquisition_, 160.
-
-    _Primrose_, Sir Archibald, 140.
-
-
-    _Queensberry_, James, second Duke of, 178, 179, 180.
-
-
-    _Rawlinson_ MSS., 157.
-
-    _Reformation_, 40, 87, 88.
-
-    _Riven_ (Ruthven), a Lord of the Congregation, 40.
-
-    _Rosebery_, first Earl of, 140.
-
-    _Rosehaugh_, Sir George Mackenzie of, 139.
-
-    _Roslyn_, burned by the English, 17.
-
-    _Ross_, Lord, neutral at the Reformation, 40.
-
-    _Rothes_, Andrew, fourth Earl of, a Lord of the Congregation, 40.
-
-    _Rothes_, John, seventh Earl of, 182.
-
-    _Roxburghe_, John, Duke of, 182.
-
-    _Rutherford_, Samuel, 117.
-
-
-    _Sadler_, Sir Ralph, 15, 16, 30.
-
-    _Sage_, Rev. John, 161.
-
-    _St. Andrews_, Parliament at, 47;
-      Bishop of, at the Parliament of Westminster, 12;
-      Prior of, a Lord of the Congregation, 40;
-      Bishop of, doubtful at the Reformation, 40.
-
-    _St. Giles_, Church of, 54, 165.
-
-    _Scotch Presbyterian Eloquence_, The, 166.
-
-    _Scotland_, invasion of, by Edward I., 10, 11;
-      representatives of, in Parliament at Westminster, 1305, 12, 13;
-      John de Bretaigne, Warden of, 13;
-      independence of, secured at Bannockburn, 15;
-      after Flodden and Solway Moss, 15, 16, 17;
-      last battle between Scotland and England, 17;
-      state of, in the sixteenth century, 20;
-      the French policy towards, 25, 26, 28;
-      Scottish policy of Cecil, 28, 29, 30;
-      Maitland of Lethington on the relations of England and Scotland,
-          31, _et seq._;
-      English army enters, 36;
-      Crowns of France and Scotland separated, 44;
-      Mary returns to, 45;
-      league of 1585, between England and Scotland, 47;
-      James VI. leaves, 54, 55, 56, 57;
-      abuse of, by English writers, 57, 77, 116, 141, 142, 143, 175;
-      Union proposed in 1603, 63, _et seq._;
-      state of, during the Commonwealth, 96-121;
-      establishment of Episcopacy in, after the Restoration, 125;
-      effect of the Navigation Act on, 127, _et seq._;
-      policy of the Stuarts as to Union with, 137;
-      Crown of, offered to William and Mary, 149;
-      Union with, recommended by William, 150;
-      attacks upon the Church of, 162, _et seq._;
-      attempts to improve the trade of, 170;
-      dangerous state of, in 1700, 176, 185.
-
-    _Scottish Burgh Society_, 110.
-
-    _Scottish Company Trading to Africa and the Indies_, 170, 183,
-          184.
-
-    _Seaton_, Sir John, 100.
-
-    _Second Book of Discipline_, 90.
-
-    _Semple_, Lord, 40.
-
-    _Seton_, Alexander (Lord Fyvie), 65.
-
-    _Seton_, Lord, 40.
-
-    _Seymour_, Sir Edward, 175.
-
-    _Sharp_, Archbishop, 144.
-
-    _Sharpe_, Charles Kirkpatrick, 120.
-
-    _Shrewsbury_, Lord, 174.
-
-    _Society Men_, 153.
-
-    _Solway Moss_, battle of, 15.
-
-    _Somerset_, Protector, in Scotland, 18.
-
-    _Somerville_, Lord, neutral at the Reformation, 40.
-
-    _Sparta_, 81.
-
-    _Stair_, John, first Earl of, 148.
-
-    _Stobs_, Elliot of, 100.
-
-    _Straton_, Sir Alexander, 74.
-
-    _Stirling_, Castle surrendered, 97.
-
-    _Stirlingshire_, representation of, in Richard Cromwell's
-          Parliament, 105.
-
-    _Sutherland_, Earl of, a Lord of the Congregation, 40.
-
-    _Swinton_, of Swinton, 100, 106.
-
-
-    _Tarbat_, Lord (first Earl of Cromartie), 158.
-
-    _Throgmorton_, Sir Nicholas, 28.
-
-    _Treaty_, of Cambray, 23;
-      of Upsetlington, 24;
-      of Berwick, 36, 37;
-      of Edinburgh, 38;
-      of 1586, 47;
-      of Union in 1607, 71, _et seq._;
-      Commercial Treaty of 1668, 132-136;
-      of Union in 1670, 139, 140;
-      of Union in 1702, 183.
-
-    _Tucker_, Thomas, report on the revenue of Scotland, 110.
-
-    _Tudor_, Princess Margaret, 46.
-
-    _Tweed_, English army crosses, in 1560, 38.
-
-    _Tweeddale_, John, Earl and first Marquis of, 136, 140, 145;
-      John, second Marquis, 182.
-
-    _Tytler_, Patrick Fraser, 17, 40, 49.
-
-
-    _Union_, of the Crowns, 54, _et seq._;
-      of the Kingdoms, proposed by Edward I., 10, _et seq._;
-      by Somerset, 18;
-      by Maitland of Lethington, 31, _et seq._;
-      by James VI., 68, _et seq._;
-      during the Commonwealth, 96, _et seq._;
-      abolished at the Restoration, 123, 124;
-      proposed in 1670, 139;
-      at the Revolution, 147, _et seq._;
-      in 1702, 183.
-
-    _Upsetlington_, Treaty of, 24.
-
-
-    _Vane_, Sir Henry (younger), 97, 113, 114.
-
-    _Vaux_, Sir John de, 13.
-
-    _Vernon_, Mr. Secretary, 174, 175, 176.
-
-    _Virginia_, colonised, 87.
-
-
-    _Wallace_, William, 12, 35.
-
-    _Walsingham_, 49, 50.
-
-    _Warriston_, Sir Archibald Johnston of, 99.
-
-    _Westminster_, Parliament at, in 1305, 12;
-      Union Commissioners at, in 1604-1607, 68, 69;
-      deputies sent to, from Scotland, 100;
-      Union Commissioners at, in 1702, 183, 184.
-
-    _Westminster Confession of Faith_, 151, 152, 157.
-
-    _Whalley_, Henry, 104.
-
-    _Whigs_, lenient spirit of, 157.
-
-    _Whitehall_, 143.
-
-    _William III._ of England, his account of the Stuart policy as to
-          Union, 137;
-      letter to the Estates in 1689, 147;
-      urges settlement of government in Scotland, 149;
-      recommends the Union, 150, 151;
-      his Church policy in Scotland, 155, 156;
-      conduct as to Darien, 171-173;
-      proposes the Union in 1700, 175;
-      his death, 183.
-
-    _Winter_, Admiral, 35.
-
-    _Worcester_, battle of, 95, 96.
-
-    _Wotton_, Sir Edward, Ambassador at Holyrood, 47.
-
-    _Wycherley_, 169.
-
-
-       *       *       *       *       *
-
-
-Transcriber's Notes
-
-Missing periods, closing quotation marks and closing parentheses have
-been supplied where obviously required. All other original errors and
-inconsistencies have been retained, except as follows:
-
-  Page 30:    least changed to last
-              (and at last Chatelherault)
-  Footnote 7: Debeateable changed to Debateable
-              (vocabulo dicta The Debateable Ground.")
-  Page 188:   Castille changed to Castile
-              (_Castile_, 81.)
-  Page 190:   Andrew changed to Adam
-              (_Gurdon_, Sir Adam de, at the Parliament)
-  Page 190:   Johnstone changed to Johnston
-              (_Johnston_, Sir Archibald, of Warriston, 99, 121.)
-  Page 191:   Macintosh changed to Mackintosh
-              (_Mackintosh_, Sir James, 88.)
-  Page 192:   Added page reference for entry
-              (summoned to meet in April 1604, 63;)
-  Page 192:   Added page reference for entry
-              (meets at Perth in July 1604, 65;)
-
-
-
-
-
-
-End of the Project Gutenberg EBook of The Early History of the Scottish
-Union Question, by George W. T. Omond
-
-*** END OF THIS PROJECT GUTENBERG EBOOK EARLY HISTORY SCOTTISH UNION QUESTION ***
-
-***** This file should be named 40931-8.txt or 40931-8.zip *****
-This and all associated files of various formats will be found in:
-        http://www.gutenberg.org/4/0/9/3/40931/
-
-Produced by Rosanna Murphy, sp1nd and the Online Distributed
-Proofreading Team at http://www.pgdp.net (This file was
-produced from images generously made available by The
-Internet Archive)
-
-
-Updated editions will replace the previous one--the old editions
-will be renamed.
-
-Creating the works from public domain print editions means that no
-one owns a United States copyright in these works, so the Foundation
-(and you!) can copy and distribute it in the United States without
-permission and without paying copyright royalties.  Special rules,
-set forth in the General Terms of Use part of this license, apply to
-copying and distributing Project Gutenberg-tm electronic works to
-protect the PROJECT GUTENBERG-tm concept and trademark.  Project
-Gutenberg is a registered trademark, and may not be used if you
-charge for the eBooks, unless you receive specific permission.  If you
-do not charge anything for copies of this eBook, complying with the
-rules is very easy.  You may use this eBook for nearly any purpose
-such as creation of derivative works, reports, performances and
-research.  They may be modified and printed and given away--you may do
-practically ANYTHING with public domain eBooks.  Redistribution is
-subject to the trademark license, especially commercial
-redistribution.
-
-
-
-*** START: FULL LICENSE ***
-
-THE FULL PROJECT GUTENBERG LICENSE
-PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
-
-To protect the Project Gutenberg-tm mission of promoting the free
-distribution of electronic works, by using or distributing this work
-(or any other work associated in any way with the phrase "Project
-Gutenberg"), you agree to comply with all the terms of the Full Project
-Gutenberg-tm License available with this file or online at
-  www.gutenberg.org/license.
-
-
-Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
-electronic works
-
-1.A.  By reading or using any part of this Project Gutenberg-tm
-electronic work, you indicate that you have read, understand, agree to
-and accept all the terms of this license and intellectual property
-(trademark/copyright) agreement.  If you do not agree to abide by all
-the terms of this agreement, you must cease using and return or destroy
-all copies of Project Gutenberg-tm electronic works in your possession.
-If you paid a fee for obtaining a copy of or access to a Project
-Gutenberg-tm electronic work and you do not agree to be bound by the
-terms of this agreement, you may obtain a refund from the person or
-entity to whom you paid the fee as set forth in paragraph 1.E.8.
-
-1.B.  "Project Gutenberg" is a registered trademark.  It may only be
-used on or associated in any way with an electronic work by people who
-agree to be bound by the terms of this agreement.  There are a few
-things that you can do with most Project Gutenberg-tm electronic works
-even without complying with the full terms of this agreement.  See
-paragraph 1.C below.  There are a lot of things you can do with Project
-Gutenberg-tm electronic works if you follow the terms of this agreement
-and help preserve free future access to Project Gutenberg-tm electronic
-works.  See paragraph 1.E below.
-
-1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
-or PGLAF), owns a compilation copyright in the collection of Project
-Gutenberg-tm electronic works.  Nearly all the individual works in the
-collection are in the public domain in the United States.  If an
-individual work is in the public domain in the United States and you are
-located in the United States, we do not claim a right to prevent you from
-copying, distributing, performing, displaying or creating derivative
-works based on the work as long as all references to Project Gutenberg
-are removed.  Of course, we hope that you will support the Project
-Gutenberg-tm mission of promoting free access to electronic works by
-freely sharing Project Gutenberg-tm works in compliance with the terms of
-this agreement for keeping the Project Gutenberg-tm name associated with
-the work.  You can easily comply with the terms of this agreement by
-keeping this work in the same format with its attached full Project
-Gutenberg-tm License when you share it without charge with others.
-
-1.D.  The copyright laws of the place where you are located also govern
-what you can do with this work.  Copyright laws in most countries are in
-a constant state of change.  If you are outside the United States, check
-the laws of your country in addition to the terms of this agreement
-before downloading, copying, displaying, performing, distributing or
-creating derivative works based on this work or any other Project
-Gutenberg-tm work.  The Foundation makes no representations concerning
-the copyright status of any work in any country outside the United
-States.
-
-1.E.  Unless you have removed all references to Project Gutenberg:
-
-1.E.1.  The following sentence, with active links to, or other immediate
-access to, the full Project Gutenberg-tm License must appear prominently
-whenever any copy of a Project Gutenberg-tm work (any work on which the
-phrase "Project Gutenberg" appears, or with which the phrase "Project
-Gutenberg" is associated) is accessed, displayed, performed, viewed,
-copied or distributed:
-
-This eBook is for the use of anyone anywhere at no cost and with
-almost no restrictions whatsoever.  You may copy it, give it away or
-re-use it under the terms of the Project Gutenberg License included
-with this eBook or online at www.gutenberg.org
-
-1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
-from the public domain (does not contain a notice indicating that it is
-posted with permission of the copyright holder), the work can be copied
-and distributed to anyone in the United States without paying any fees
-or charges.  If you are redistributing or providing access to a work
-with the phrase "Project Gutenberg" associated with or appearing on the
-work, you must comply either with the requirements of paragraphs 1.E.1
-through 1.E.7 or obtain permission for the use of the work and the
-Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
-1.E.9.
-
-1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
-with the permission of the copyright holder, your use and distribution
-must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
-terms imposed by the copyright holder.  Additional terms will be linked
-to the Project Gutenberg-tm License for all works posted with the
-permission of the copyright holder found at the beginning of this work.
-
-1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
-License terms from this work, or any files containing a part of this
-work or any other work associated with Project Gutenberg-tm.
-
-1.E.5.  Do not copy, display, perform, distribute or redistribute this
-electronic work, or any part of this electronic work, without
-prominently displaying the sentence set forth in paragraph 1.E.1 with
-active links or immediate access to the full terms of the Project
-Gutenberg-tm License.
-
-1.E.6.  You may convert to and distribute this work in any binary,
-compressed, marked up, nonproprietary or proprietary form, including any
-word processing or hypertext form.  However, if you provide access to or
-distribute copies of a Project Gutenberg-tm work in a format other than
-"Plain Vanilla ASCII" or other format used in the official version
-posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
-you must, at no additional cost, fee or expense to the user, provide a
-copy, a means of exporting a copy, or a means of obtaining a copy upon
-request, of the work in its original "Plain Vanilla ASCII" or other
-form.  Any alternate format must include the full Project Gutenberg-tm
-License as specified in paragraph 1.E.1.
-
-1.E.7.  Do not charge a fee for access to, viewing, displaying,
-performing, copying or distributing any Project Gutenberg-tm works
-unless you comply with paragraph 1.E.8 or 1.E.9.
-
-1.E.8.  You may charge a reasonable fee for copies of or providing
-access to or distributing Project Gutenberg-tm electronic works provided
-that
-
-- You pay a royalty fee of 20% of the gross profits you derive from
-     the use of Project Gutenberg-tm works calculated using the method
-     you already use to calculate your applicable taxes.  The fee is
-     owed to the owner of the Project Gutenberg-tm trademark, but he
-     has agreed to donate royalties under this paragraph to the
-     Project Gutenberg Literary Archive Foundation.  Royalty payments
-     must be paid within 60 days following each date on which you
-     prepare (or are legally required to prepare) your periodic tax
-     returns.  Royalty payments should be clearly marked as such and
-     sent to the Project Gutenberg Literary Archive Foundation at the
-     address specified in Section 4, "Information about donations to
-     the Project Gutenberg Literary Archive Foundation."
-
-- You provide a full refund of any money paid by a user who notifies
-     you in writing (or by e-mail) within 30 days of receipt that s/he
-     does not agree to the terms of the full Project Gutenberg-tm
-     License.  You must require such a user to return or
-     destroy all copies of the works possessed in a physical medium
-     and discontinue all use of and all access to other copies of
-     Project Gutenberg-tm works.
-
-- You provide, in accordance with paragraph 1.F.3, a full refund of any
-     money paid for a work or a replacement copy, if a defect in the
-     electronic work is discovered and reported to you within 90 days
-     of receipt of the work.
-
-- You comply with all other terms of this agreement for free
-     distribution of Project Gutenberg-tm works.
-
-1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
-electronic work or group of works on different terms than are set
-forth in this agreement, you must obtain permission in writing from
-both the Project Gutenberg Literary Archive Foundation and Michael
-Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
-Foundation as set forth in Section 3 below.
-
-1.F.
-
-1.F.1.  Project Gutenberg volunteers and employees expend considerable
-effort to identify, do copyright research on, transcribe and proofread
-public domain works in creating the Project Gutenberg-tm
-collection.  Despite these efforts, Project Gutenberg-tm electronic
-works, and the medium on which they may be stored, may contain
-"Defects," such as, but not limited to, incomplete, inaccurate or
-corrupt data, transcription errors, a copyright or other intellectual
-property infringement, a defective or damaged disk or other medium, a
-computer virus, or computer codes that damage or cannot be read by
-your equipment.
-
-1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
-of Replacement or Refund" described in paragraph 1.F.3, the Project
-Gutenberg Literary Archive Foundation, the owner of the Project
-Gutenberg-tm trademark, and any other party distributing a Project
-Gutenberg-tm electronic work under this agreement, disclaim all
-liability to you for damages, costs and expenses, including legal
-fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
-LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
-PROVIDED IN PARAGRAPH 1.F.3.  YOU AGREE THAT THE FOUNDATION, THE
-TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
-LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
-INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
-DAMAGE.
-
-1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
-defect in this electronic work within 90 days of receiving it, you can
-receive a refund of the money (if any) you paid for it by sending a
-written explanation to the person you received the work from.  If you
-received the work on a physical medium, you must return the medium with
-your written explanation.  The person or entity that provided you with
-the defective work may elect to provide a replacement copy in lieu of a
-refund.  If you received the work electronically, the person or entity
-providing it to you may choose to give you a second opportunity to
-receive the work electronically in lieu of a refund.  If the second copy
-is also defective, you may demand a refund in writing without further
-opportunities to fix the problem.
-
-1.F.4.  Except for the limited right of replacement or refund set forth
-in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO OTHER
-WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
-WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
-
-1.F.5.  Some states do not allow disclaimers of certain implied
-warranties or the exclusion or limitation of certain types of damages.
-If any disclaimer or limitation set forth in this agreement violates the
-law of the state applicable to this agreement, the agreement shall be
-interpreted to make the maximum disclaimer or limitation permitted by
-the applicable state law.  The invalidity or unenforceability of any
-provision of this agreement shall not void the remaining provisions.
-
-1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
-trademark owner, any agent or employee of the Foundation, anyone
-providing copies of Project Gutenberg-tm electronic works in accordance
-with this agreement, and any volunteers associated with the production,
-promotion and distribution of Project Gutenberg-tm electronic works,
-harmless from all liability, costs and expenses, including legal fees,
-that arise directly or indirectly from any of the following which you do
-or cause to occur: (a) distribution of this or any Project Gutenberg-tm
-work, (b) alteration, modification, or additions or deletions to any
-Project Gutenberg-tm work, and (c) any Defect you cause.
-
-
-Section  2.  Information about the Mission of Project Gutenberg-tm
-
-Project Gutenberg-tm is synonymous with the free distribution of
-electronic works in formats readable by the widest variety of computers
-including obsolete, old, middle-aged and new computers.  It exists
-because of the efforts of hundreds of volunteers and donations from
-people in all walks of life.
-
-Volunteers and financial support to provide volunteers with the
-assistance they need are critical to reaching Project Gutenberg-tm's
-goals and ensuring that the Project Gutenberg-tm collection will
-remain freely available for generations to come.  In 2001, the Project
-Gutenberg Literary Archive Foundation was created to provide a secure
-and permanent future for Project Gutenberg-tm and future generations.
-To learn more about the Project Gutenberg Literary Archive Foundation
-and how your efforts and donations can help, see Sections 3 and 4
-and the Foundation information page at www.gutenberg.org
-
-
-Section 3.  Information about the Project Gutenberg Literary Archive
-Foundation
-
-The Project Gutenberg Literary Archive Foundation is a non profit
-501(c)(3) educational corporation organized under the laws of the
-state of Mississippi and granted tax exempt status by the Internal
-Revenue Service.  The Foundation's EIN or federal tax identification
-number is 64-6221541.  Contributions to the Project Gutenberg
-Literary Archive Foundation are tax deductible to the full extent
-permitted by U.S. federal laws and your state's laws.
-
-The Foundation's principal office is located at 4557 Melan Dr. S.
-Fairbanks, AK, 99712., but its volunteers and employees are scattered
-throughout numerous locations.  Its business office is located at 809
-North 1500 West, Salt Lake City, UT 84116, (801) 596-1887.  Email
-contact links and up to date contact information can be found at the
-Foundation's web site and official page at www.gutenberg.org/contact
-
-For additional contact information:
-     Dr. Gregory B. Newby
-     Chief Executive and Director
-     gbnewby@pglaf.org
-
-Section 4.  Information about Donations to the Project Gutenberg
-Literary Archive Foundation
-
-Project Gutenberg-tm depends upon and cannot survive without wide
-spread public support and donations to carry out its mission of
-increasing the number of public domain and licensed works that can be
-freely distributed in machine readable form accessible by the widest
-array of equipment including outdated equipment.  Many small donations
-($1 to $5,000) are particularly important to maintaining tax exempt
-status with the IRS.
-
-The Foundation is committed to complying with the laws regulating
-charities and charitable donations in all 50 states of the United
-States.  Compliance requirements are not uniform and it takes a
-considerable effort, much paperwork and many fees to meet and keep up
-with these requirements.  We do not solicit donations in locations
-where we have not received written confirmation of compliance.  To
-SEND DONATIONS or determine the status of compliance for any
-particular state visit www.gutenberg.org/donate
-
-While we cannot and do not solicit contributions from states where we
-have not met the solicitation requirements, we know of no prohibition
-against accepting unsolicited donations from donors in such states who
-approach us with offers to donate.
-
-International donations are gratefully accepted, but we cannot make
-any statements concerning tax treatment of donations received from
-outside the United States.  U.S. laws alone swamp our small staff.
-
-Please check the Project Gutenberg Web pages for current donation
-methods and addresses.  Donations are accepted in a number of other
-ways including checks, online payments and credit card donations.
-To donate, please visit:  www.gutenberg.org/donate
-
-
-Section 5.  General Information About Project Gutenberg-tm electronic
-works.
-
-Professor Michael S. Hart was the originator of the Project Gutenberg-tm
-concept of a library of electronic works that could be freely shared
-with anyone.  For forty years, he produced and distributed Project
-Gutenberg-tm eBooks with only a loose network of volunteer support.
-
-Project Gutenberg-tm eBooks are often created from several printed
-editions, all of which are confirmed as Public Domain in the U.S.
-unless a copyright notice is included.  Thus, we do not necessarily
-keep eBooks in compliance with any particular paper edition.
-
-Most people start at our Web site which has the main PG search facility:
-
-     www.gutenberg.org
-
-This Web site includes information about Project Gutenberg-tm,
-including how to make donations to the Project Gutenberg Literary
-Archive Foundation, how to help produce our new eBooks, and how to
-subscribe to our email newsletter to hear about new eBooks.
diff --git a/40931-8.zip b/40931-8.zip
deleted file mode 100644
index 8f0558a..0000000
--- a/40931-8.zip
+++ /dev/null
diff --git a/40931-h.zip b/40931-h.zip
deleted file mode 100644
index c105fe5..0000000
--- a/40931-h.zip
+++ /dev/null
diff --git a/40931-h/40931-h.htm b/40931-h/40931-h.htm
index b0869db..c080d86 100644
--- a/40931-h/40931-h.htm
+++ b/40931-h/40931-h.htm
@@ -2,7 +2,7 @@
     "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
 <html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en">
   <head>
-    <meta http-equiv="Content-Type" content="text/html;charset=utf-8" />
+    <meta http-equiv="Content-Type" content="text/html;charset=UTF-8" />
     <meta http-equiv="Content-Style-Type" content="text/css" />
     <title>
       The Early History of the Scottish Union Question, by G. W. T. Omond&mdash;A Project Gutenberg eBook.
@@ -175,47 +175,7 @@ table {
     </style>
   </head>
 <body>
-
-
-<pre>
-
-The Project Gutenberg EBook of The Early History of the Scottish Union
-Question, by George W. T. Omond
-
-This eBook is for the use of anyone anywhere at no cost and with
-almost no restrictions whatsoever.  You may copy it, give it away or
-re-use it under the terms of the Project Gutenberg License included
-with this eBook or online at www.gutenberg.org
-
-
-Title: The Early History of the Scottish Union Question
-       Bi-Centenary Edition
-
-Author: George W. T. Omond
-
-Release Date: October 4, 2012 [EBook #40931]
-
-Language: English
-
-Character set encoding: UTF-8
-
-*** START OF THIS PROJECT GUTENBERG EBOOK EARLY HISTORY SCOTTISH UNION QUESTION ***
-
-
-
-
-Produced by Rosanna Murphy, sp1nd and the Online Distributed
-Proofreading Team at http://www.pgdp.net (This file was
-produced from images generously made available by The
-Internet Archive)
-
-
-
-
-
-
-</pre>
-
+<div>*** START OF THE PROJECT GUTENBERG EBOOK 40931 ***</div>
 
 <div class="tnote">
 <p class="center"><b>Transcriber’s Notes:</b></p>
@@ -6322,383 +6282,6 @@ vocabulo dicta The <span class="correction">Debateable</span> Ground.�
 </ul>
 </div>
 
-
-
-
-
-
-
-
-<pre>
-
-
-
-
-
-End of the Project Gutenberg EBook of The Early History of the Scottish
-Union Question, by George W. T. Omond
-
-*** END OF THIS PROJECT GUTENBERG EBOOK EARLY HISTORY SCOTTISH UNION QUESTION ***
-
-***** This file should be named 40931-h.htm or 40931-h.zip *****
-This and all associated files of various formats will be found in:
-        http://www.gutenberg.org/4/0/9/3/40931/
-
-Produced by Rosanna Murphy, sp1nd and the Online Distributed
-Proofreading Team at http://www.pgdp.net (This file was
-produced from images generously made available by The
-Internet Archive)
-
-
-Updated editions will replace the previous one--the old editions
-will be renamed.
-
-Creating the works from public domain print editions means that no
-one owns a United States copyright in these works, so the Foundation
-(and you!) can copy and distribute it in the United States without
-permission and without paying copyright royalties.  Special rules,
-set forth in the General Terms of Use part of this license, apply to
-copying and distributing Project Gutenberg-tm electronic works to
-protect the PROJECT GUTENBERG-tm concept and trademark.  Project
-Gutenberg is a registered trademark, and may not be used if you
-charge for the eBooks, unless you receive specific permission.  If you
-do not charge anything for copies of this eBook, complying with the
-rules is very easy.  You may use this eBook for nearly any purpose
-such as creation of derivative works, reports, performances and
-research.  They may be modified and printed and given away--you may do
-practically ANYTHING with public domain eBooks.  Redistribution is
-subject to the trademark license, especially commercial
-redistribution.
-
-
-
-*** START: FULL LICENSE ***
-
-THE FULL PROJECT GUTENBERG LICENSE
-PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
-
-To protect the Project Gutenberg-tm mission of promoting the free
-distribution of electronic works, by using or distributing this work
-(or any other work associated in any way with the phrase "Project
-Gutenberg"), you agree to comply with all the terms of the Full Project
-Gutenberg-tm License available with this file or online at
-  www.gutenberg.org/license.
-
-
-Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
-electronic works
-
-1.A.  By reading or using any part of this Project Gutenberg-tm
-electronic work, you indicate that you have read, understand, agree to
-and accept all the terms of this license and intellectual property
-(trademark/copyright) agreement.  If you do not agree to abide by all
-the terms of this agreement, you must cease using and return or destroy
-all copies of Project Gutenberg-tm electronic works in your possession.
-If you paid a fee for obtaining a copy of or access to a Project
-Gutenberg-tm electronic work and you do not agree to be bound by the
-terms of this agreement, you may obtain a refund from the person or
-entity to whom you paid the fee as set forth in paragraph 1.E.8.
-
-1.B.  "Project Gutenberg" is a registered trademark.  It may only be
-used on or associated in any way with an electronic work by people who
-agree to be bound by the terms of this agreement.  There are a few
-things that you can do with most Project Gutenberg-tm electronic works
-even without complying with the full terms of this agreement.  See
-paragraph 1.C below.  There are a lot of things you can do with Project
-Gutenberg-tm electronic works if you follow the terms of this agreement
-and help preserve free future access to Project Gutenberg-tm electronic
-works.  See paragraph 1.E below.
-
-1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
-or PGLAF), owns a compilation copyright in the collection of Project
-Gutenberg-tm electronic works.  Nearly all the individual works in the
-collection are in the public domain in the United States.  If an
-individual work is in the public domain in the United States and you are
-located in the United States, we do not claim a right to prevent you from
-copying, distributing, performing, displaying or creating derivative
-works based on the work as long as all references to Project Gutenberg
-are removed.  Of course, we hope that you will support the Project
-Gutenberg-tm mission of promoting free access to electronic works by
-freely sharing Project Gutenberg-tm works in compliance with the terms of
-this agreement for keeping the Project Gutenberg-tm name associated with
-the work.  You can easily comply with the terms of this agreement by
-keeping this work in the same format with its attached full Project
-Gutenberg-tm License when you share it without charge with others.
-
-1.D.  The copyright laws of the place where you are located also govern
-what you can do with this work.  Copyright laws in most countries are in
-a constant state of change.  If you are outside the United States, check
-the laws of your country in addition to the terms of this agreement
-before downloading, copying, displaying, performing, distributing or
-creating derivative works based on this work or any other Project
-Gutenberg-tm work.  The Foundation makes no representations concerning
-the copyright status of any work in any country outside the United
-States.
-
-1.E.  Unless you have removed all references to Project Gutenberg:
-
-1.E.1.  The following sentence, with active links to, or other immediate
-access to, the full Project Gutenberg-tm License must appear prominently
-whenever any copy of a Project Gutenberg-tm work (any work on which the
-phrase "Project Gutenberg" appears, or with which the phrase "Project
-Gutenberg" is associated) is accessed, displayed, performed, viewed,
-copied or distributed:
-
-This eBook is for the use of anyone anywhere at no cost and with
-almost no restrictions whatsoever.  You may copy it, give it away or
-re-use it under the terms of the Project Gutenberg License included
-with this eBook or online at www.gutenberg.org
-
-1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
-from the public domain (does not contain a notice indicating that it is
-posted with permission of the copyright holder), the work can be copied
-and distributed to anyone in the United States without paying any fees
-or charges.  If you are redistributing or providing access to a work
-with the phrase "Project Gutenberg" associated with or appearing on the
-work, you must comply either with the requirements of paragraphs 1.E.1
-through 1.E.7 or obtain permission for the use of the work and the
-Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
-1.E.9.
-
-1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
-with the permission of the copyright holder, your use and distribution
-must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
-terms imposed by the copyright holder.  Additional terms will be linked
-to the Project Gutenberg-tm License for all works posted with the
-permission of the copyright holder found at the beginning of this work.
-
-1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
-License terms from this work, or any files containing a part of this
-work or any other work associated with Project Gutenberg-tm.
-
-1.E.5.  Do not copy, display, perform, distribute or redistribute this
-electronic work, or any part of this electronic work, without
-prominently displaying the sentence set forth in paragraph 1.E.1 with
-active links or immediate access to the full terms of the Project
-Gutenberg-tm License.
-
-1.E.6.  You may convert to and distribute this work in any binary,
-compressed, marked up, nonproprietary or proprietary form, including any
-word processing or hypertext form.  However, if you provide access to or
-distribute copies of a Project Gutenberg-tm work in a format other than
-"Plain Vanilla ASCII" or other format used in the official version
-posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
-you must, at no additional cost, fee or expense to the user, provide a
-copy, a means of exporting a copy, or a means of obtaining a copy upon
-request, of the work in its original "Plain Vanilla ASCII" or other
-form.  Any alternate format must include the full Project Gutenberg-tm
-License as specified in paragraph 1.E.1.
-
-1.E.7.  Do not charge a fee for access to, viewing, displaying,
-performing, copying or distributing any Project Gutenberg-tm works
-unless you comply with paragraph 1.E.8 or 1.E.9.
-
-1.E.8.  You may charge a reasonable fee for copies of or providing
-access to or distributing Project Gutenberg-tm electronic works provided
-that
-
-- You pay a royalty fee of 20% of the gross profits you derive from
-     the use of Project Gutenberg-tm works calculated using the method
-     you already use to calculate your applicable taxes.  The fee is
-     owed to the owner of the Project Gutenberg-tm trademark, but he
-     has agreed to donate royalties under this paragraph to the
-     Project Gutenberg Literary Archive Foundation.  Royalty payments
-     must be paid within 60 days following each date on which you
-     prepare (or are legally required to prepare) your periodic tax
-     returns.  Royalty payments should be clearly marked as such and
-     sent to the Project Gutenberg Literary Archive Foundation at the
-     address specified in Section 4, "Information about donations to
-     the Project Gutenberg Literary Archive Foundation."
-
-- You provide a full refund of any money paid by a user who notifies
-     you in writing (or by e-mail) within 30 days of receipt that s/he
-     does not agree to the terms of the full Project Gutenberg-tm
-     License.  You must require such a user to return or
-     destroy all copies of the works possessed in a physical medium
-     and discontinue all use of and all access to other copies of
-     Project Gutenberg-tm works.
-
-- You provide, in accordance with paragraph 1.F.3, a full refund of any
-     money paid for a work or a replacement copy, if a defect in the
-     electronic work is discovered and reported to you within 90 days
-     of receipt of the work.
-
-- You comply with all other terms of this agreement for free
-     distribution of Project Gutenberg-tm works.
-
-1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
-electronic work or group of works on different terms than are set
-forth in this agreement, you must obtain permission in writing from
-both the Project Gutenberg Literary Archive Foundation and Michael
-Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
-Foundation as set forth in Section 3 below.
-
-1.F.
-
-1.F.1.  Project Gutenberg volunteers and employees expend considerable
-effort to identify, do copyright research on, transcribe and proofread
-public domain works in creating the Project Gutenberg-tm
-collection.  Despite these efforts, Project Gutenberg-tm electronic
-works, and the medium on which they may be stored, may contain
-"Defects," such as, but not limited to, incomplete, inaccurate or
-corrupt data, transcription errors, a copyright or other intellectual
-property infringement, a defective or damaged disk or other medium, a
-computer virus, or computer codes that damage or cannot be read by
-your equipment.
-
-1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
-of Replacement or Refund" described in paragraph 1.F.3, the Project
-Gutenberg Literary Archive Foundation, the owner of the Project
-Gutenberg-tm trademark, and any other party distributing a Project
-Gutenberg-tm electronic work under this agreement, disclaim all
-liability to you for damages, costs and expenses, including legal
-fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
-LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
-PROVIDED IN PARAGRAPH 1.F.3.  YOU AGREE THAT THE FOUNDATION, THE
-TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
-LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
-INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
-DAMAGE.
-
-1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
-defect in this electronic work within 90 days of receiving it, you can
-receive a refund of the money (if any) you paid for it by sending a
-written explanation to the person you received the work from.  If you
-received the work on a physical medium, you must return the medium with
-your written explanation.  The person or entity that provided you with
-the defective work may elect to provide a replacement copy in lieu of a
-refund.  If you received the work electronically, the person or entity
-providing it to you may choose to give you a second opportunity to
-receive the work electronically in lieu of a refund.  If the second copy
-is also defective, you may demand a refund in writing without further
-opportunities to fix the problem.
-
-1.F.4.  Except for the limited right of replacement or refund set forth
-in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO OTHER
-WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
-WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
-
-1.F.5.  Some states do not allow disclaimers of certain implied
-warranties or the exclusion or limitation of certain types of damages.
-If any disclaimer or limitation set forth in this agreement violates the
-law of the state applicable to this agreement, the agreement shall be
-interpreted to make the maximum disclaimer or limitation permitted by
-the applicable state law.  The invalidity or unenforceability of any
-provision of this agreement shall not void the remaining provisions.
-
-1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
-trademark owner, any agent or employee of the Foundation, anyone
-providing copies of Project Gutenberg-tm electronic works in accordance
-with this agreement, and any volunteers associated with the production,
-promotion and distribution of Project Gutenberg-tm electronic works,
-harmless from all liability, costs and expenses, including legal fees,
-that arise directly or indirectly from any of the following which you do
-or cause to occur: (a) distribution of this or any Project Gutenberg-tm
-work, (b) alteration, modification, or additions or deletions to any
-Project Gutenberg-tm work, and (c) any Defect you cause.
-
-
-Section  2.  Information about the Mission of Project Gutenberg-tm
-
-Project Gutenberg-tm is synonymous with the free distribution of
-electronic works in formats readable by the widest variety of computers
-including obsolete, old, middle-aged and new computers.  It exists
-because of the efforts of hundreds of volunteers and donations from
-people in all walks of life.
-
-Volunteers and financial support to provide volunteers with the
-assistance they need are critical to reaching Project Gutenberg-tm's
-goals and ensuring that the Project Gutenberg-tm collection will
-remain freely available for generations to come.  In 2001, the Project
-Gutenberg Literary Archive Foundation was created to provide a secure
-and permanent future for Project Gutenberg-tm and future generations.
-To learn more about the Project Gutenberg Literary Archive Foundation
-and how your efforts and donations can help, see Sections 3 and 4
-and the Foundation information page at www.gutenberg.org
-
-
-Section 3.  Information about the Project Gutenberg Literary Archive
-Foundation
-
-The Project Gutenberg Literary Archive Foundation is a non profit
-501(c)(3) educational corporation organized under the laws of the
-state of Mississippi and granted tax exempt status by the Internal
-Revenue Service.  The Foundation's EIN or federal tax identification
-number is 64-6221541.  Contributions to the Project Gutenberg
-Literary Archive Foundation are tax deductible to the full extent
-permitted by U.S. federal laws and your state's laws.
-
-The Foundation's principal office is located at 4557 Melan Dr. S.
-Fairbanks, AK, 99712., but its volunteers and employees are scattered
-throughout numerous locations.  Its business office is located at 809
-North 1500 West, Salt Lake City, UT 84116, (801) 596-1887.  Email
-contact links and up to date contact information can be found at the
-Foundation's web site and official page at www.gutenberg.org/contact
-
-For additional contact information:
-     Dr. Gregory B. Newby
-     Chief Executive and Director
-     gbnewby@pglaf.org
-
-Section 4.  Information about Donations to the Project Gutenberg
-Literary Archive Foundation
-
-Project Gutenberg-tm depends upon and cannot survive without wide
-spread public support and donations to carry out its mission of
-increasing the number of public domain and licensed works that can be
-freely distributed in machine readable form accessible by the widest
-array of equipment including outdated equipment.  Many small donations
-($1 to $5,000) are particularly important to maintaining tax exempt
-status with the IRS.
-
-The Foundation is committed to complying with the laws regulating
-charities and charitable donations in all 50 states of the United
-States.  Compliance requirements are not uniform and it takes a
-considerable effort, much paperwork and many fees to meet and keep up
-with these requirements.  We do not solicit donations in locations
-where we have not received written confirmation of compliance.  To
-SEND DONATIONS or determine the status of compliance for any
-particular state visit www.gutenberg.org/donate
-
-While we cannot and do not solicit contributions from states where we
-have not met the solicitation requirements, we know of no prohibition
-against accepting unsolicited donations from donors in such states who
-approach us with offers to donate.
-
-International donations are gratefully accepted, but we cannot make
-any statements concerning tax treatment of donations received from
-outside the United States.  U.S. laws alone swamp our small staff.
-
-Please check the Project Gutenberg Web pages for current donation
-methods and addresses.  Donations are accepted in a number of other
-ways including checks, online payments and credit card donations.
-To donate, please visit:  www.gutenberg.org/donate
-
-
-Section 5.  General Information About Project Gutenberg-tm electronic
-works.
-
-Professor Michael S. Hart was the originator of the Project Gutenberg-tm
-concept of a library of electronic works that could be freely shared
-with anyone.  For forty years, he produced and distributed Project
-Gutenberg-tm eBooks with only a loose network of volunteer support.
-
-Project Gutenberg-tm eBooks are often created from several printed
-editions, all of which are confirmed as Public Domain in the U.S.
-unless a copyright notice is included.  Thus, we do not necessarily
-keep eBooks in compliance with any particular paper edition.
-
-Most people start at our Web site which has the main PG search facility:
-
-     www.gutenberg.org
-
-This Web site includes information about Project Gutenberg-tm,
-including how to make donations to the Project Gutenberg Literary
-Archive Foundation, how to help produce our new eBooks, and how to
-subscribe to our email newsletter to hear about new eBooks.
-
-
-</pre>
-
+<div>*** END OF THE PROJECT GUTENBERG EBOOK 40931 ***</div>
 </body>
 </html>
diff --git a/40931.txt b/40931.txt
deleted file mode 100644
index 898a58d..0000000
--- a/40931.txt
+++ /dev/null
@@ -1,4937 +0,0 @@
-The Project Gutenberg EBook of The Early History of the Scottish Union
-Question, by George W. T. Omond
-
-This eBook is for the use of anyone anywhere at no cost and with
-almost no restrictions whatsoever.  You may copy it, give it away or
-re-use it under the terms of the Project Gutenberg License included
-with this eBook or online at www.gutenberg.org
-
-
-Title: The Early History of the Scottish Union Question
-       Bi-Centenary Edition
-
-Author: George W. T. Omond
-
-Release Date: October 4, 2012 [EBook #40931]
-
-Language: English
-
-Character set encoding: ASCII
-
-*** START OF THIS PROJECT GUTENBERG EBOOK EARLY HISTORY SCOTTISH UNION QUESTION ***
-
-
-
-
-Produced by Rosanna Murphy, sp1nd and the Online Distributed
-Proofreading Team at http://www.pgdp.net (This file was
-produced from images generously made available by The
-Internet Archive)
-
-
-
-
-
-Transcriber's Notes: Italic text is denoted by _underscores_.
-
-
-
-
-_The Early History of the Scottish Union Question_
-
-
-
-
-SOME OPINIONS OF THE PRESS ON THE FIRST EDITION.
-
-
-"With considerable literary skill he has compressed into a brief compass
-a most readable and impartial account of the efforts which from the time
-of Edward I. went on to weld the two countries into one."--_Edinburgh
-Evening News._
-
-"Mr. Omond tells his story brightly and with full
-knowledge."--_Manchester Guardian._
-
-"A genuine contribution to British history."--_Dumfries Courier._
-
-"There is much to interest and inform in this volume."--_Liverpool
-Mercury._
-
-"The conciseness of the sketch, instead of detracting from the worth of
-the work, rather enables the author to give a more vivid description of
-the course and progress of events."--_Dundee Advertiser._
-
-"Mr. Omond has laid students of British history under a debt of
-gratitude to him for his work on the Scottish Union question."--_Leeds
-Mercury._
-
-"Mr. Omond is at home in the struggles which led up to the act of Union
-in 1707."--_British Weekly._
-
-"His book, modest and unpretentious as it is, is a careful contribution
-to the study of one of the most important features of the history of the
-two kingdoms, since 1707 united as Great Britain."--_Liverpool Daily
-Post._
-
-"A handy summary of the history of such international relations, written
-with an orderly method and much clearness and good sense."--_The
-Academy._
-
-"A handy, well-written volume."--_Pall Mall Gazette._
-
-"A very interesting, as well as very instructive book."--_Literary
-World._
-
-
-[Illustration: JOHN HAMILTON, LORD BELHAVEN.]
-
-
-
-
-    _The Early History
-    of the
-    Scottish Union Question_
-
-    _By
-    G. W. T. Omond_
-
-    _Author of
-    "Fletcher of Saltoun" in the "Famous Scots" Series_
-
-    _Bi-Centenary Edition_
-
-    _Edinburgh & London
-    Oliphant Anderson & Ferrier
-    1906_
-
-
-
-
-    _Now Complete in 42 Volumes_
-
-    _The Famous Scots Series_
-
-    _Post 8vo, Art Canvas, 1s. 6d. net; and with gilt top and uncut
-    edges, price 2s. net_
-
-
-    THOMAS CARLYLE. By HECTOR C. MACPHERSON.
-    ALLAN RAMSAY. By OLIPHANT SMEATON.
-    HUGH MILLER. By W. KEITH LEASK.
-    JOHN KNOX. By A. TAYLOR INNES.
-    ROBERT BURNS. By GABRIEL SETOUN.
-    THE BALLADISTS. By JOHN GEDDIE.
-    RICHARD CAMERON. By Professor HERKLESS.
-    SIR JAMES Y. SIMPSON. By EVE BLANTYRE SIMPSON.
-    THOMAS CHALMERS. By Professor W. GARDEN BLAIKIE.
-    JAMES BOSWELL. By W. KEITH LEASK.
-    TOBIAS SMOLLETT. By OLIPHANT SMEATON.
-    FLETCHER OF SALTOUN. By G. W. T. OMOND.
-    THE BLACKWOOD GROUP. By Sir GEORGE DOUGLAS.
-    NORMAN MACLEOD. By JOHN WELLWOOD.
-    SIR WALTER SCOTT. By Professor SAINTSBURY.
-    KIRKCALDY OF GRANGE. By LOUIS A. BARBE.
-    ROBERT FERGUSSON. By A. B. GROSART.
-    JAMES THOMSON. By WILLIAM BAYNE.
-    MUNGO PARK. By T. BANKS MACLACHLAN.
-    DAVID HUME. By Professor CALDERWOOD.
-    WILLIAM DUNBAR. By OLIPHANT SMEATON.
-    SIR WILLIAM WALLACE. By Professor MURISON.
-    ROBERT LOUIS STEVENSON. By MARGARET MOYES BLACK.
-    THOMAS REID. By Professor CAMPBELL FRASER.
-    POLLOK AND AYTOUN. By ROSALINE MASSON.
-    ADAM SMITH. By HECTOR C. MACPHERSON.
-    ANDREW MELVILLE. By WILLIAM MORISON.
-    JAMES FREDERICK FERRIER. By E. S. HALDANE.
-    KING ROBERT THE BRUCE. By A. F. MURISON.
-    JAMES HOGG. By Sir GEORGE DOUGLAS.
-    THOMAS CAMPBELL. By J. CUTHBERT HADDEN.
-    GEORGE BUCHANAN. By ROBERT WALLACE. Completed by
-            J. CAMPBELL SMITH.
-    SIR DAVID WILKIE, AND THE SCOTS SCHOOL OF PAINTERS. By
-            EDWARD PINNINGTON.
-    THE ERSKINES, EBENEZER AND RALPH. By A. R. MACEWEN.
-    THOMAS GUTHRIE. By OLIPHANT SMEATON.
-    DAVID LIVINGSTONE. By T. BANKS MACLACHLAN.
-    THE ACADEMIC GREGORIES. By AGNES GRAINGER-STEWART.
-    JOHNSTON OF WARRISTON. By WILLIAM MORISON.
-    HENRY DRUMMOND. By JAMES Y. SIMPSON.
-    PRINCIPAL CAIRNS. By JOHN CAIRNS.
-    VISCOUNT DUNDEE. By LOUIS A. BARBE.
-    JAMES WATT. By ANDREW CARNEGIE.
-
-
-
-
-_Preface_
-
-
-The history of the final union of England and Scotland, which took place
-on the 1st of May 1707, commences with the accession of Queen Anne; and
-with regard to that event, the best sources of information, apart from
-original letters, diaries, and other contemporary documents, are Daniel
-Defoe's _History of the Union_, published in 1709, Dr. Hill Burton's
-_History of Scotland_, Mr. John Bruce's _Report on the Events and
-Circumstances which produced the Union_, published, for the use of
-Government, in 1799, and Dr. James Mackinnon's _Union of England and
-Scotland_, published in 1896. In this volume I have endeavoured to
-describe the _earlier_ attempts to unite the kingdoms. These commence,
-practically, in the reign of Edward I. of England, and continue, taking
-sometimes one form and sometimes another, down to the reign of William
-III.
-
-While giving an account of the various negotiations for union, and of
-the union which was actually accomplished during the Commonwealth, I
-have tried to depict the state of feeling between the two countries on
-various points, and particularly in regard to the Church question, which
-bulks more largely than any other in the international history of
-England and Scotland.
-
-It is a story, sometimes of mutual confidence and common aspirations, as
-at the Reformation and the Revolution, but more frequently of
-jealousies, recriminations, and misunderstandings, most of which are now
-happily removed.
-
-My authorities are sufficiently indicated in the footnotes.
-
-                                                         G. W. T. O.
-
-
-
-
-_Contents_
-
-
-    CHAP.                                                        PAGE
-
-      I. INTERNATIONAL POLITICS BEFORE THE UNION OF THE CROWNS      9
-
-     II. THE UNION OF THE CROWNS                                   52
-
-    III. THE UNION DURING THE COMMONWEALTH                         96
-
-     IV. FROM THE RESTORATION TO THE REVOLUTION                   122
-
-      V. THE REVOLUTION SETTLEMENT                                147
-
-
-
-
-_The Early History of the Scottish Union Question_
-
-
-
-
-CHAPTER I
-
-INTERNATIONAL POLITICS BEFORE THE UNION OF THE CROWNS
-
-
-The races which inhabited the northern parts of England and the southern
-parts of Scotland were descended from a common stock, and spoke a common
-language. But for centuries the problem of uniting them baffled the
-best-laid plans of kings and statesmen; and neither force, nor policy,
-nor treaties of marriage between the royal families, seemed capable of
-destroying the inveterate rancour which the peoples felt towards each
-other. The petition in response to which the papal sanction was given to
-the intended marriage of Prince Edward to the Maid of Norway, pointed
-out the wisdom of removing, or at least mitigating, the enmity of the
-two nations; and it was the avowed policy of Edward the First to
-combine the marriage of his son to the young Queen of Scotland with a
-peaceful union of the kingdoms. The clergy, the nobles, and the people
-of Scotland agreed to the proposed alliance, and were willing that their
-queen should be educated at the English Court. The marriage-contract was
-prepared; and the prospects of a lasting peace were bright, when the
-death of the young princess on her journey from Norway suddenly changed
-the whole course of events.
-
-The competition for the Scottish Crown; the arbitration of Edward; his
-claim to the title of Lord Superior; the invasion of Scotland; the
-occupation of Scottish strongholds, and of large portions of Scottish
-territory, by English garrisons; the homage paid to the English king by
-the competitors for the Crown; the spectacle of Englishmen filling many
-great offices of State;--all tended to exasperate the Scottish nation.
-But Edward never seems to have doubted that he would succeed no matter
-at what a cost of blood and treasure in joining the kingdoms. Indeed, it
-appears that from the summer of 1291, when the competitors for the
-Crown granted him possession of Scotland until his decision should be
-made known, he regarded the two countries as practically one. Scotland
-is described, in public documents, as "notre ditte terre d'Escose"; and
-it was expressly declared that, as England and Scotland were now united,
-the king's writ should run in both realms alike.[1]
-
-During the inglorious reign of Baliol, and throughout the period of
-anarchy and turmoil which followed its termination, Edward never lost
-sight of his favourite policy of an union, which, though brought about
-by conquest, and imposed by force of arms upon the people of Scotland,
-would, nevertheless, in course of time, secure for him and his
-successors the sovereignty of an undivided kingdom from the English
-Channel to the Pentland Firth. In pursuance of his policy he resolved
-to hold a Parliament in which Scotland should be represented, and by
-which regulations should be framed for the future government of that
-country. To this Parliament, which met at Westminster in September 1305,
-ten representatives of Scotland were summoned.[2] All of them attended
-except Patrick Earl of March; but his place was filled, at the king's
-command, by Sir John Monteith, the betrayer of Wallace, whose execution
-had taken place less than a month before.
-
-With the Scotsmen twenty-two English members were conjoined; and to the
-Council thus formed there was administered one of the elaborate oaths
-which were then supposed to be peculiarly solemn and binding. They were
-sworn on our Lord's Body, the Holy Relics, and the Holy Evangels, to
-give good and lawful advice for maintaining the peace of the king's
-dominions, especially in Scotland, and loyally to reveal any hindrances
-they knew to good government in Scotland, and how these might be
-overcome.
-
-It is difficult to believe that the commissioners from Scotland were
-free agents in this Parliament. But it suited the purposes of Edward
-that the ordinance which was now to be framed for the future government
-of Scotland should be promulgated as the result of deliberations in
-which the people of Scotland had a voice. It was for this reason that
-the Scotsmen had been summoned to Westminster; but the ordinance left
-all real power in the hands of Edward. Sir John de Bretaigne, the king's
-nephew, became Warden of Scotland, with a Chancellor and Controller
-under him.[3] Eight justiciars were appointed. Six of them were to
-administer law in the lowlands; and the dangerous duty of executing
-justice "beyond the mountains" was entrusted to Sir Reynaud le Chien and
-Sir John de Vaux of Northumberland. Sheriffs were appointed, most of
-whom were Scotsmen; but the castles were left in the hands of English
-commanders. The laws of King David of Scotland were to be read at public
-meetings in various places, and such of these laws as appeared unjust
-were to be amended.[4]
-
-About this time Edward writes to the Sheriff of York, giving orders that
-nobles, prelates, and other people of Scotland journeying to and from
-England, were, in future, to be courteously treated, and that anyone who
-used threats or bad language to them, or who refused to sell them food,
-was to be punished. Similar orders regarding the treatment of Scotsmen
-in England were sent to the Sheriffs of London, and many of the English
-counties. Edward perhaps thought that by this semblance of an union,
-founded on conquest and set forth on parchment, his long-cherished
-schemes were at last accomplished. But his plans had hardly been
-completed, when he found himself confronted by that combination of the
-Scottish people which, during the reign of his son, triumphed under the
-leadership of Robert Bruce, and finally secured the complete
-independence of Scotland on the field of Bannockburn.
-
-The marriage of the Princess Margaret, daughter of Henry the Seventh, to
-James the Fourth of Scotland, stanched for a time--but only for a
-time--the torrent of blood which was shed in the wars which raged, one
-after another, for nearly two hundred years after the death of Bruce.
-Another period of warfare followed, during which the disasters of
-Flodden Field and Solway Moss left Scotland apparently at the mercy of
-England. But when Henry the Eighth attempted to reconcile and unite the
-nations by a treaty of marriage between the Prince of Wales and Mary,
-the youthful Queen of Scots, the Scottish Estates, while agreeing to his
-proposal, declared that, after the marriage, Scotland was to remain a
-separate and independent kingdom; and it was soon found that to
-propitiate the Scottish nation was a task beyond even the long
-experience and the profound diplomatic ability of Sadler. Sadler argued
-that England had a young prince, and Scotland had a young princess, and
-that if they were betrothed, "these two realms being knit and conjoined
-in one, the subjects of the same, which have always been infested with
-the wars, might live together in wealth and perpetual peace." "I pray
-you," said a Scottish statesman in reply, "give me leave to ask you a
-question: If your lad were a lass, and our lass were a lad, would you
-then be so earnest in this matter? Could you be content that our lad
-should marry your lass, and so be King of England?" And when Sadler
-answered that he would, the Scotsman shook his head. "I cannot believe,"
-he said, "that your nation could agree to have a Scot to be King of
-England. And likewise I assure you that our nation, being a stout
-nation, will never agree to have an Englishman to be King of Scotland.
-And though the whole nobility of the realm would consent to it, yet our
-common people, and the stones in the street, would rise and rebel
-against it."
-
-Then, to enforce the treaty of marriage, came the invasion of Scotland,
-when Edinburgh was burned to the ground, when the port of Leith and the
-picturesque castles of Roslyn and Craigmillar were in flames, when the
-abbeys of Melrose and Dryburgh were laid in ruins, and when the villages
-and farms of the lowlands were devastated by the English soldiery. But
-the violence of Henry was in vain; and during his reign the Scottish
-people hated England as they had never hated her before.[5]
-
-The project of uniting the kingdoms by a royal marriage was not
-abandoned on the death of Henry; and in the first year of Edward the
-Sixth, the battle of Pinkie, the last great battle between England and
-Scotland, was fought. But the Protector Somerset soon found that the
-Scots, though defeated, were as determined as ever to resist the English
-connection, and that the Scottish Parliament had at last resolved that
-their young queen should be betrothed to the Dauphin, and sent forthwith
-to France, to be educated at the French Court. This resolution, so
-fateful to Mary Stuart, then a child of only six, altered the views and
-policy of Somerset. In the name of the English Council he issued a
-remarkable proclamation, in which he proposed that the Crowns should be
-united, and that the kingdoms should become one. "We invite you," it was
-said, "to amity and equality, because, as we inhabit in the same island,
-there is no people so like one another in manners, customs, and
-language." There was to be freedom and equality of trade between England
-and Scotland. The subjects of both kingdoms were to be allowed to
-intermarry. If the Scots wished it, the name of England would be
-abolished, and "the indifferent old name of Britains" taken again. "If
-we two," the proclamation declared, "being made one by amity, be most
-able to defend us against all nations; and, having the sea for the wall,
-mutual love for garrison, and God for defence, should make so noble and
-well-agreeing a monarchy, that neither in peace we may be ashamed, nor
-in war afraid of any worldly or foreign power; why should not you be as
-desirous of the same, and have as much cause to rejoice at it as we?"[6]
-But these overtures were too late; the Queen of Scots was sent to
-France: and when, two years later, peace was proclaimed, Scotland
-remained unconquered and independent.
-
-The treaty of peace declared that the boundaries of the two countries
-were to be the same as they had been before the outbreak of war between
-Henry the Eighth and James the Fifth of Scotland. An attempt was made to
-deal with that portion of waste land upon the western borders which had
-been, for so long, a harbour of refuge for the outlaws of both kingdoms,
-and which was known as the Debateable Ground.[7] It was to be divided by
-march stones; and ditches and enclosures were to be made for the purpose
-of hindering the flight of marauders. The English were to relinquish all
-lands and houses which they had seized; and those fishings on the river
-Tweed which the Scots had possessed before the war were to be given back
-to them.[8]
-
-Never in the history of this island, except afterwards during the reign
-of Anne, was the Scottish question so troublesome to England as during
-the second half of the sixteenth century. The immense additions which,
-of late years, have been made to our sources of information have not
-changed, to any great extent, the aspect of the long familiar picture,
-nor caused us to relinquish the old opinions regarding the characters
-and motives of those who held in their hands the tangled threads of
-international policy during the fifty years which preceded the Union of
-the Crowns. To use the Scots for the purpose of weakening England had
-long been the policy of France; and when war between Spain and France
-broke out in 1555, and an English army was to be sent to the assistance
-of Spain, the French Court hoped that an army from Scotland would march
-across the Tweed. Mary of Guise assembled the Scottish nobles, and
-proposed that they should seize the opportunity of taking vengeance for
-all the wrongs which their country had suffered since the fatal day of
-Flodden. But the proposals of the Queen Regent were not received with
-favour. She had been so foolish as to confer several important offices
-of State on Frenchmen; and these appointments had given great offence.
-During the late war the Scots had resented the manner in which their
-allies had behaved on several occasions, and had seen them depart with
-feelings of intense relief.[9] Moreover, the spread of the Protestant
-opinions in Scotland had naturally led many of the people to suspect the
-motives of a Catholic power. The Queen Regent, indeed, succeeded in
-bringing England and Scotland to the verge of another contest; but, in
-the long-run, the Scots refused to encounter the risks of war for the
-purpose of assisting the ambition of France.
-
-The marriage of Mary and the Dauphin involved the renewal of friendly
-intercourse with France; but the terms on which the Scottish Parliament
-agreed to this alliance provided for the complete independence of
-Scotland.[10] The crown matrimonial of Scotland was conferred upon the
-Dauphin; but the oath of fidelity which the Scottish ambassadors took to
-the heir of France, as King of Scotland, was framed so as to exclude
-any allegiance beyond that which the subjects of Scotland had hitherto
-acknowledged as due to their native princes.[11]
-
-It had never been possible for England, under any circumstances, to be
-indifferent to the affairs of Scotland; and the relations of the two
-kingdoms were now more complicated than ever. But it was not until after
-the death of Mary of England that the results of the French marriage
-became fully visible. "War with France; the French king bestriding the
-realm, having one foot in Calais and the other in Scotland; steadfast
-enemies, but no steadfast friends."[12] Thus stood England at the close
-of the year 1558. The Dauphin and Mary proclaimed themselves King and
-Queen of England as well as Scotland; and the arms of England were
-quartered with the arms of France and Scotland on their plate and
-household furniture. This was an open assertion of the illegitimacy of
-Elizabeth and a challenge to England. But, in the meantime, peace was
-preserved. The Treaty of Cambray, which terminated the struggle between
-France and Spain, and to which England and Scotland were parties, left
-the claims of Elizabeth and Mary untouched; and, on the ground that "the
-plenipotentiaries for Scotland have not sufficient knowledge of the
-state of affairs depending between the Crowns of England and Scotland,"
-it was decided that English and Scottish commissioners should afterwards
-meet and decide on "certain articles respecting the peace and concord of
-the two kingdoms."[13]
-
-These commissioners met; and the result was the treaty of
-Upsetlington.[14] A fresh attempt was made to frame rules for curbing
-the lawless spirit of the Borderers; and it was also agreed that the
-limits of the two kingdoms should be the same as they had been before
-the accession of Elizabeth, that the town of Berwick should not be
-molested by the Scots, that the English garrisons should not trouble
-their neighbours on the other side of the boundary line, and that great
-caution should be observed in granting passports to the subjects of
-either kingdom.[15]
-
-Meanwhile the Protestant opinions had been steadily gaining ground in
-Scotland. The Congregation, as the reformers were called, and their
-leaders, known as the Lords of the Congregation, had hitherto been on
-good terms with Mary of Guise. Without their assistance the Dauphin
-would not have obtained the title of King of Scotland; and she had,
-therefore, not interfered with the progress of the new beliefs. But soon
-after the Treaty of Cambray, Monsieur de Bettancourt arrived in
-Edinburgh, charged with a message from Henry of France. The New Learning
-was to be suppressed on the continent of Europe and in England; and the
-Queen Regent was expected to join France, Spain, and the Holy Father at
-Rome, in the league which they had formed for that purpose. Scotland was
-the stepping-stone to England. If the ascendency of France and the
-Catholic Faith was once secured in that country, the heretic Elizabeth
-would be driven from the throne which she had usurped. Therefore the
-Regent must no longer remain inactive. Against her will, so far as we
-can judge, Mary of Guise entered on the disastrous contest. A
-proclamation was issued, commanding all men to go to mass, to use the
-confessional, and to conform, in all respects, to the Church of Rome.
-The Lords of the Congregation remonstrated; but the Regent refused to
-give way.[16] At this crisis Knox returned to Scotland from Geneva. A
-week after his arrival he preached at Perth; and after his sermon the
-religious houses of the Black and Grey Friars, and the Carthusian
-Monastery, were laid in ruins. From Perth the excitement spread over all
-the country. The Protestants flew to arms in numbers. The Regent
-mustered her forces, and it was evident that a desperate struggle was at
-hand.
-
-At first the Lords of the Congregation carried everything before them.
-But they knew that, before long, the Regent would have an army of
-well-trained French soldiers under her command; and it was vain to
-suppose that religious fervour could prevail against military
-discipline. Help must be found in some quarter; and a correspondence was
-opened with the Court of England. James, third Earl of Arran, was, after
-his father, the Duke of Chatelherault, heir-presumptive to the throne of
-Scotland.[17] A marriage between him and Elizabeth might, it was
-suggested, settle the Scottish question. A majority of the Scots were
-Protestant; and in the turmoil of the civil war which had now begun,
-Mary of Scotland might, with the help of England, be dethroned by her
-own subjects, against whom she had allowed a foreign army to be sent. If
-Arran and Elizabeth were married, the Crowns of England and Scotland
-would then be united; and thus the schemes of France would be
-frustrated. There can be little doubt that all this was understood
-between the Congregation and their friends in England, though it was not
-openly expressed. Cecil encouraged the idea, probably with the assent of
-Elizabeth; and the Lords of the Congregation implored her to come to the
-rescue, and carry out that union of the realms for which so many wise
-men had long laboured in vain.[18]
-
-The death of Henry the Second did not change the policy of France.
-Scotland was to be subdued; and then Elizabeth could be dealt with. The
-councils of England were divided; but Cecil was in favour of sending
-help to Scotland. "The best worldly felicity," he said, "that Scotland
-can have is either to continue in a perpetual peace with the kingdom of
-England, or to be made one monarchy with England, as they both make but
-one isle divided from the rest of the world." But this was impossible if
-the French were allowed to govern Scotland; for they would use Scotland
-for their own purposes, and "make a footstool thereof to look over
-England as they may." As no heir had been born to the Queen of Scots,
-and as she was absent from her kingdom, the nobles and commons of
-Scotland ought, under the guidance of the Hamiltons, who were the next
-heirs to the Crown, to free the land of idolatry by such a Reformation
-as had already taken place in England; and, "before the French grew too
-strong and insolent," a number of abuses which threatened to ruin the
-country should be remedied. If the Queen did not agree to these reforms,
-then she must be held to have forfeited the Crown.[19]
-
-As to the question, which was really the practical one, of whether
-England should join Scotland in resisting the French, the voice of Cecil
-gave no uncertain sound. Every country had, he said, like every man, the
-right and duty of self-defence, not only against present danger, but
-also against danger which might be foreseen. No greater danger could be
-foreseen than the occupation of Scotland by France, the implacable
-enemy of England. Therefore "England both may and ought to aid Scotland
-to keep out the French."[20]
-
-Such was the advice of Cecil, set forth in a paper written apparently on
-the 5th of August. Three days later Sadler was on his way to Berwick,
-armed with full powers to negotiate secretly "for the union of the
-realms," and furnished with a sum of money for the use of the
-Congregation. Arran, who had escaped from France and come to England,
-followed him. A long time was wasted in correspondence between Berwick
-and London; and at last Chatelherault and the Lords of the
-Congregation, weary of the long delay, marched to Edinburgh at the head
-of their followers. The Queen Regent took shelter behind the walls of
-Leith. An instrument suspending her from the Regency was proclaimed at
-the town-cross of Edinburgh; and a letter was sent to her demanding that
-she and the French troops should retire from Leith. But, instead of
-doing so, she attacked the forces of the Congregation. They were
-compelled to leave Edinburgh; and it thus became evident that, as the
-Regent could already cope with the Congregation, Scotland would be at
-the mercy of the French army, which might arrive at any moment.
-
-At this point, when the fate of Scotland was trembling in the balance,
-Maitland of Lethington was sent to London to make a final appeal to the
-English Council. A paper has been preserved which expresses, with all
-the acuteness of that adroit politician, the views of Maitland on the
-relations of England and Scotland. The old cause of enmity, he says,
-between England and Scotland, and of the friendship between France and
-Scotland, was the claim of feudal superiority which the princes of
-England had set up. To resist that claim, and to save their country from
-conquest, the Scots formed alliances with France. From the first, many
-in Scotland doubted the wisdom of these alliances; and now the eyes of
-all were opened. They saw the inordinate ambition of France, and wished
-to form a league with England.[21] The fear of conquest made the Scots
-hate England and love France. Now the case is changed; "Shall we not
-hate them and favour you?" If we have been so faithful to France, from
-whom we have received so little, can you not trust us to be faithful to
-you, who of all nations are most able to bestow benefits upon us?
-
-But it may be said that as soon as the present quarrel is ended, we
-shall once more make friends with France. Peace is, indeed, the end of
-war; but England may rest assured that we in Scotland know our own
-interests too well to make such a mistake. Where could we look for help
-against France, at any future time, if we played false with you?[22]
-Besides, it is the interest of England to unite with us. France is not
-making all these warlike preparations merely for an expedition to
-Scotland. All Europe knows that an invasion of England is intended. Have
-you forgotten Calais? You are blind if you do not see that they are
-acting as cunningly as they acted then. Beware lest you find yourselves
-saying, when it is all too late, "If we had only known."[23] Do not let
-this opportunity escape you. If you once allow the French to become
-masters of Scotland, is there a man whose judgment is so much at fault
-as not to show him that France, having once conceived the image of so
-great a conquest as that of England, will endeavour to accomplish it?
-
-Nor must you believe those who call us rebels. We maintain the queen's
-right. We study to preserve the liberty of her realm at the hazard of
-our lives. If, during the absence and minority of our sovereign, we
-tamely allow strangers to plant themselves in our strongholds, to seize
-the reins of government, and alter our laws at their pleasure, may she
-not hereafter call us to account, and may not the people esteem the
-nobles of Scotland unworthy of the place of councillors? All we desire
-is to defend the freedom of our country and the independence of the
-Crown.[24]
-
-Finally, do not lightly reject the friendship of Scotland. England is
-separated from every other nation by the sea; and if she unites with
-Scotland, her defences will be complete. Study the advice which
-Demosthenes gave to the Athenians, and you will learn what a wise man
-should do when his neighbour's house is on fire.[25]
-
-It was to press these views upon the statesmen of England that Maitland
-had been sent to London; and he was empowered to make an offer which
-shows that the Lords of the Congregation were in deadly earnest. Let
-everything, they said, which is past and gone be forgotten--Edward the
-First and Wallace, Bruce and Bannockburn, Flodden and Pinkie, all the
-long roll of victories and defeats on one side or another; let the words
-England and Scotland be obliterated; and let the two nations become one
-under the name of Great Britain, with Elizabeth as ruler of the United
-Kingdoms. It is impossible to say what would have followed if the
-English Council had entertained this proposal. But it implied war with
-France, not only on the Scottish border, but at every vulnerable point
-upon the coast of England. Even on the question of sending troops to
-Scotland, Elizabeth hesitated for a long time. But at last Cecil
-persuaded her to make up her mind. A fleet, under the command of Winter,
-sailed for the Firth of Forth; and an army of eight thousand men, under
-the command of Lord Grey, Warden of the Eastern Marches, was mustered at
-Berwick.
-
-Then, after all these months of irresolution, the effect of a firm
-policy was seen. The French ambassador at London apologised for the
-conduct of Mary and the Dauphin in assuming the arms of England, and
-threw the blame upon the late king; and an offer was made to restore
-Calais if England would refrain from interfering in Scotland. But to
-this offer Elizabeth is said to have returned the haughty answer that
-"she did not value that fisher town so much as to hazard for it the
-state of Britain."[26]
-
-And now, for the first time, English soldiers were to enter Scotland as
-friends. But before the decisive movement was made, Norfolk, Lieutenant
-of the North of England, went to Berwick and made a convention with the
-Lords of the Congregation. Scotland was put under the protection of
-Elizabeth during the subsistence of the marriage of the Queen of Scots
-and the King of France. For the preservation of the liberties of
-Scotland, and to expel the French, an English army was to cross the
-border.[27] England became bound never to permit Scotland to be
-conquered, or united to France, otherwise than it already was by the
-marriage of Mary and Francis. Scotland became bound to send an army of
-four thousand men to assist England, if, at any time, she was invaded
-by France. Argyll, as Lord Justice of Scotland, was, if required by the
-Queen of England, to act with the Lord Lieutenant in reducing the north
-of Ireland to obedience. England was to receive hostages for the due
-performance of these stipulations on the part of Scotland.[28]
-
-The Treaty of Berwick was signed on the 27th of February; but so
-unwilling was Elizabeth to take the final step that nearly a month had
-passed away before the troops were allowed to advance. At the end of the
-month the greater portion of the army crossed the Tweed.[29] They were
-well received by the country people; and on the 4th of April the English
-and Scottish leaders held a council of war at Pinkie House. In the
-operations of the next three months everything centred round the siege
-of Leith. In spite of the gallantry of the French, the garrison was
-reduced to desperate straits. The French fleet, with reinforcements on
-board, was scattered by a storm. The Queen Regent died during the night
-of the 10th of June 1560; and four days later the preliminary articles
-of a treaty were signed at Berwick.[30]
-
-Peace was finally concluded at Edinburgh on the 6th of July. Mary and
-the Dauphin were to give up using the arms or the royal title of
-England. The fortifications of Leith were to be demolished. All the
-French soldiers, except one hundred and twenty men, were to leave
-Scotland at once. The affairs of Scotland were to be administered
-entirely by Scotsmen; and the executive government was, during the
-absence of Mary, to consist of twelve persons, of whom the queen was to
-choose seven from a list of names drawn up by the Estates. On the
-question of religion, it was agreed that when the Scottish Parliament
-next met, a deputation should be sent to France to lay the wishes of the
-country before the queen.[31]
-
-These events not only proved that England was strong enough to set the
-arms of France at defiance, and to reject the councils of Spain, but
-they established, for all time to come, a close and real connection
-between England and Scotland. In the hour of danger the best men in
-Scotland had turned to England for help. Cecil, and those who thought
-with him, had persuaded Elizabeth to disregard all interference and the
-remonstrances of foreign Courts. She had done so with reluctance. Slowly
-and through many a tortuous path she had sent help to Scotland; but, in
-the end, the deliverance was complete. The war and the treaty of July
-1560 destroyed the French influence in the northern portion of the
-island, taught the Scots that it was only by an Union with Protestant
-England instead of Catholic France that their liberties could be
-maintained, and opened the way for the Scottish Reformation. For the
-Lords of the Congregation were now supreme; and before the end of
-August, without waiting for the queen's consent, the Estates had met and
-passed the statute by which they disowned the authority of the Pope.[32]
-
-But although so much had been done, the marriage of Elizabeth and Arran
-was as far off as ever. In their policy of binding the nations together
-by a closer tie, Cecil in England and Maitland in Scotland had a great
-mass of public opinion to support them, especially on the Protestant
-side.[33] The Scottish Estates were so eager for the Union of the Crowns
-that they would not listen to Maitland, who, though strongly in favour
-of the marriage, foresaw difficulties which could be only overcome by
-waiting; and it was resolved that commissioners should at once be sent
-to lay the wishes of the Estates before Elizabeth.[34]
-
-If Mary of Scotland died without issue, Arran was, after his father, the
-next heir to the Crown; but it can scarcely be doubted that the Lords of
-the Congregation did not contemplate waiting for the extinction of the
-Stuart line. Mary had not been in Scotland since her childhood. She was
-Queen of France; and, in all probability, she would remain in France for
-the rest of her life. So long as Mary of Guise was Regent, so long as
-Frenchmen governed Scotland, so long as Scotland, like France, adhered
-to the Catholic Faith, the power of the house of Stuart was hardly, if
-at all, impaired by the absence of the queen. But now all this was at an
-end. Mary of Guise was dead. An English army had expelled the soldiers
-of France. The government of Scotland was in the hands of Scotsmen. The
-Scottish nation was no longer Catholic. To celebrate the mass was an
-offence against the law; and the Scottish clergy were using the
-Prayer-book of Edward the Sixth. Thus it was a mere form of words to
-call Mary Stuart Queen of Scotland as well as of France. Of real power
-she no longer possessed a vestige; and it is easy to see that in the
-first bloom of the Scottish Reformation, with Knox in full vigour, and
-with the whole country in revolt against the Romish priesthood, the
-marriage of Arran would very likely have been followed by the triumph of
-the Protestant Hamiltons over the Catholic Stuarts, and the union of
-the two nations, with one crown, and probably with one form of Church
-government.
-
-Perhaps in the history of great events we too seldom remember that kings
-and queens are, after all, merely men and women. Here was a crisis at
-which the Protestants of England and Scotland were unanimous in wishing
-the Defender of their Faith to enter upon a contract, by means of which
-she would accomplish what had been one of the great ends of English
-policy from the days of Edward the First to those of Henry the Eighth.
-But that contract was one which concerned her as a woman rather than as
-a queen; and she knew that the ceremony which might put the Crown of
-Scotland within reach of the Queen of England would, while uniting the
-kingdoms, separate Elizabeth Tudor from Robert Dudley. The Protestants
-of England knew this, and dread of the Dudley marriage, as well as their
-anxiety to cement the alliance with Scotland, made them support the
-pretensions of Arran.
-
-But suddenly, before Elizabeth had made up her mind, the death of
-Francis the Second saved her from the necessity of giving a definite
-answer to the Scottish commissioners. This event, by which the Crowns of
-France and Scotland were once more separated, opened a new scene in the
-drama of international politics, and enabled her to escape from the
-dilemma in which she found herself. She thanked the Scottish Estates for
-the goodwill which they had displayed towards her; and she assured them
-that she regarded the offer of marriage as a token of their wish "to
-knit both theis kingdomes presently in Amytye, and hereafter to remaine
-in a perpetual Amytye." But in the meantime, though she had a high
-opinion of the Lord Arran, she was not disposed to take a husband, and
-she thought that the friendship of the nations could be maintained
-without a marriage. With this unsatisfactory answer the commissioners
-were obliged to be content.[35]
-
-Then came the return of Mary to Scotland, her stubborn refusal to ratify
-that clause of the Treaty of Edinburgh by which she was to give up
-using the title of Queen of England, her quarrels with the reformers,
-and the long series of misfortunes and misdeeds which ended only with
-the tragedy of Fotheringay.
-
-The failure of the marriage negotiations was taken as an insult by the
-Scots; and doubtless this accounts, to some extent, for the cordial way
-in which Mary, in spite of her adherence to the Church of Rome, was
-welcomed on her return from France. The project of uniting the kingdoms
-by a royal marriage was not again renewed in so definite a form; but
-during the numerous intrigues spread over so many years, the purpose of
-which was to find a husband for the Queen of Scots, the effect which her
-marriage would have upon the relations of England and Scotland was never
-lost sight of. If the suitor for her hand was a Protestant, he was
-favoured by those who desired to see peace between the two nations; if
-he was a Catholic, by those who desired a renewal of the French
-alliance, or at least a rupture with England.[36] Protestant or
-Catholic? that was the great question for England and Scotland then, as
-for the rest of Europe. Everything turned upon that. During Mary's short
-sojourn at Holyrood, and during the long years of her captivity in
-England, everything--conspiracies against Elizabeth; the rise and fall
-of Regents in Scotland; the civil wars with all their treachery and
-bloodshed; the assassinations; the beheadings--every episode and every
-scheme, however disguised, was a part of the contest between the old
-faith and the new.
-
-During these years of trouble the Protestants of the two countries drew
-gradually together; and in the year 1586 the kingdoms entered into a
-compact which lasted until the death of Elizabeth and the accession of
-James to the throne of England.
-
-The Duke of Guise asked James of Scotland to join the Holy League. But
-to this invitation he returned no answer; and Sir Edward Wotton, who was
-sent as ambassador to the Court of Holyrood, found that James was ready
-to form an alliance with Elizabeth and Henry of Navarre in defence of
-the Protestant religion. A Scottish Parliament, which met at St. Andrews
-in July 1585, authorised the king and his Council to enter upon a
-league, more strict and firm than any previous league, between England
-and Scotland, which, the Estates said, were naturally allies, and were
-alike exposed to the assaults of the common enemy.[37] In the following
-year commissioners for both kingdoms met, and signed the League. It was
-agreed that the sovereigns of England and Scotland should defend the
-Protestant religion against all comers. There was to be an alliance,
-offensive and defensive, between the countries. If England was invaded
-at a point at a distance from Scotland, an army of seven thousand
-Scotsmen was to march to assist her. If Scotland was invaded at any
-place distant from England, twelve thousand Englishmen were to help her.
-If the invasion took place near the Borders, James was to send as many
-troops as he could muster to the spot. If any trouble arose in Ireland,
-none of the inhabitants of Scotland were to be permitted to go thither.
-Neither kingdom was to shelter rebels fleeing across the Border. All
-former treaties of friendship between the countries were to remain in
-force; and James bound himself to see, when he reached the age of
-twenty-five, that these terms were ratified by the Scottish
-Parliament.[38]
-
-Nothing was said about Mary of Scotland during these negotiations. She
-was entirely ignored; and it is impossible to say how far this may have
-helped to remove any scruples which she might have felt about the
-objects of the Babington Conspiracy.[39] Her execution, however,
-endangered the new alliance when it had existed for only nine months.
-The Scottish clergy had, indeed, with scarcely an exception, refused to
-pray for her; and if she had been tried and sentenced by the Privy
-Council of Scotland or by the Scottish Parliament, the Catholic laity
-alone would have attempted to save her. But the manner of her trial and
-condemnation was regarded as a national affront; and when the Estates
-met in July 1587 the peers offered to give their lives and fortunes to
-avenge the fate of the Scottish queen, who, after eighteen years of
-captivity in England, had perished at the hands of Englishmen. During
-the autumn and winter the Borders were in a state of dangerous
-excitement. An invasion from Scotland was expected. Preparations were
-made for raising ten thousand men to repel it; and there appears to
-have been some idea of rebuilding the old Roman wall.[40]
-
-The indignation expressed by James at the treatment which his mother had
-received was doubtless not altogether feigned. But the great aim of his
-life now was to secure his own succession to the throne of England; and
-Walsingham adroitly availed himself of this circumstance for the purpose
-of preventing war. Sir John Maitland, a younger brother of Maitland of
-Lethington, was the Scottish Secretary, and to him Walsingham wrote a
-letter, which he knew would be read by James, and in which, with
-consummate art, he proved that if the youthful King of Scots wished to
-reach the object of his ambition, he must maintain his friendship with
-England.[41]
-
-The resentment of James died speedily away. On various occasions, during
-the remainder of Elizabeth's reign, the relations of the two countries
-were strained, and there was bad blood between the sovereigns. But there
-was no open rupture; and at last the house of Stuart entered peaceably,
-and without opposition, on the rich heritage of the English Crown.
-
-FOOTNOTES:
-
-[1] "De Regnis Angliae et Scotiae conjunctis. Quia Regna Angliae et Scotiae,
-ratione Superioris Dominii, quod in eodem Regno optinemus benedicto
-altissimo, sunt conjuncta, Mandatum est Justiciariis de Banco, quod
-Brevia Regis, coram eis porrecta vel retornata, de data dierum et
-locorum, infra idem Regnum Scotiae, mentionem facientia, de caetero
-admittant; exceptiones, si quas, de hujusmodi datis et locis, proponi
-contigerit coram eis, nullatenus allocantes, Teste Rege apud Berewicum
-super Twedam, 3 die Julii." (_Foedera_, ii. 533.)
-
-[2] These were the Bishops of St. Andrews and Dunkeld, the Abbots of
-Cupar and Melrose, the Earls of Buchan and March, Sir John de Mowbray,
-Sir Robert de Kethe, Sir Adam de Gurdon, and Sir John de Inchmartyn.
-
-[3] The name, so hated in Scotland, of "Mons. Joh. de Meneteth" appears
-as one of the Council appointed to assist John de Bretaigne.
-
-[4] Ordonnance faite par Edouard Roi d'Angleterre sur le Gouvernement de
-la terre d'Escosse, Act. Parl. Scot. i. 119; Sir Francis Palgrave's
-_Documents and Records illustrating the History of Scotland_, 292, 295;
-_Calendar of Documents relating to Scotland_, ii. 457.
-
-[5] Mr. Patrick Fraser Tytler very justly remarks how absurd was the
-idea "that a free country was to be compelled into a pacific matrimonial
-alliance, amid the groans of its dying citizens and the flames of its
-seaports" (_History of Scotland_, vi. 42). See also, on the Scottish
-policy of Henry VIII., the instructions given to the army in Scotland in
-April 1544 (vol. v. p. 473, and the _Hamilton Papers_, vol. ii. p. 325).
-They were to "burn Edinburgh town, and to rase and deface it when you
-have sacked it"; and all over the country "man, woman, and child" were
-to be put to the sword "without exception."
-
-[6] Holinshed, iii. 998.
-
-[7] "Terra variabilis communi utriusque gentis vocabulo dicta The
-Debateable Ground."
-
-[8] _Foedera_, xv. 265.
-
-[9] "Notwithstanding the ancient alliance of France and Scotland, and
-the long intercourse of good offices between the two nations, an
-aversion for the French took its rise, at this time, among the Scots;
-the effects whereof were deeply felt, and operated powerfully through
-the subsequent period" (Robertson, i. 110).
-
-[10] The Queen of Scots was to "aggre and obleis hir self and hir
-successouris, that scho, hir Airis and Successouris, sall observe and
-keip the Fredomes, Liberteis, and Privelegeis of this Realme, and Lawis
-of the samyn, sicklike and in the samyn maner as hes bene keipit and
-observit in all Kingis Tymes of Scotland of before" (Keith, App. 14;
-Act. Parl. Scot. ii. 504).
-
-[11] "Le servir, obeyr et honnorer, durant et constant ledit mariage,
-ensemble l'hoir issu et procree d'iceluy mariage auquel adviendra le
-Royaume d'Escosse, tout ainsy comme nous et nos Predecesseurs aut
-loyauement servy et honnore les nobles progeniteurs et antecesseurs de
-la ditte Dame Reyne d'Escosse nostre Souveraine" (Keith, App. 20). On
-the occasion of the marriage, Henry of France issued letters of
-naturalisation conferring all the privileges of French citizenship on
-Scotsmen living in his dominions; and the Scottish Parliament returned
-the compliment by passing an Act which naturalised Frenchmen in
-Scotland. (Act. Parl. Scot. ii. 507, 515.)
-
-[12] Address to the Council, in Mr. Froude's _History of England_, vol.
-vi. p. 111 (ed. 1870).
-
-[13] The plenipotentiaries for Scotland at Cambray were the Cardinal of
-Lorraine; the Duke of Montmorency; Jacques d'Albon, Marshal of France;
-Morvillier, Bishop of Orleans; and Claude de l'Aubespine, Secretary of
-State.
-
-[14] "A pleasant country village on the north side of the river Tweed,
-within the borders of Scotland, five miles west from Berwick" (Keith,
-108).
-
-[15] "This treaty was finished and drawn up at the Church of Our Lady of
-Upsalinton the 31st of May (1559), and duplicates thereof were delivered
-and exchanged in the Parish Church of Norham, just opposite, on the
-English side of the Tweed, that same day" (_Ibid._).
-
-[16] They told her, "That, by her tolerance, their religion had taken
-such a root, and the number of the Protestants so increased, that it was
-a vain hope to believe that they could be put from their religion,
-seeing they were resolved as soon to part with their lives as to recant"
-(_Sir James Melvil's Memoirs_, p. 25).
-
-[17] His father, the second Earl of Arran, and first Duke of
-Chatelherault, was, it will be remembered, Regent of Scotland from the
-death of James the Fifth, in 1542, until 1554, when he was succeeded by
-Mary of Guise. He was a Lord of the Congregation.
-
-[18] Mr. Froude's _History of England_, vol. vi. pp. 236, 237: "You,"
-said an emissary of the Congregation at Paris to Sir Nicholas
-Throgmorton, "have a queen, and we our prince the Earl of Arran,
-marriageable both, and chief upholders of God's religion. This may be
-the means to unite England and Scotland together, and there is no
-foundation nor league durable nor available but in God's cause."
-
-[19] "If the Queen shall be unwilling to this, as it is likely she will,
-in respect of the greedy and tyrannous Affliction of France; then is it
-apparent that Almighty God is pleased to transfer from her the Rule of
-the Kingdom for the weal of it; and in this time great Circumspection is
-to be used, to avoid the deceits and trumperies of the French. And then
-may the Realm of Scotland consider, being once made free, what means may
-be devised through God's goodness to accord the two Realms, to endure
-for time to come at the Pleasure of Almighty God, in whose Hands the
-Hearts of all Princes be" (Memorial of Certain Points meet for the
-Restoring of the Realm of Scotland to the Ancient Weale, written by my
-Lord Treasurer, with his own Hand, 5 August 1559, Cotton MSS., Keith,
-App. 23).
-
-[20] A Short Discussion of the Weighty Matter of Scotland, August 1559.
-Cotton MSS., Keith, App. 24.
-
-[21] "But now hes God's providence sa altered the case, zea, changed it
-to the plat contrary, that now hes the Frensche taken zour place, and
-we, off very jugement, becum disyrous to have zow in theyr rowme. Our
-eyes are opened, we espy how uncareful they have been of our weile at
-all tymes, how they made ws ever to serve theyr turne, drew ws in maist
-dangerous weys for theyr commodite, and, nevertheless, wad not styck,
-ofttymes, against the natowr of the ligue, to contrak peace, leaving ws
-in weyr. We see that their support, off late zeres, wes not grantit for
-any affection they bare to ws, for pytie they had of our estate, for
-recompense of the lyke friendship schawin to theym in tyme of theyr
-afflictiones, but for ambition, and insatiable cupidite to reygne, and
-to mak Scotland ane accessory to the Crown of France."
-
-[22] "I wald ze should not esteme ws sa barayne of jugement, that we
-cannot forese our awne perril; nor sa foolische, that we will not study
-by all gude means to entertayne that thing may be our safetye; quhilk
-consistes all in the relaying of zour friendships."
-
-[23] "Tak hede ze say not hereafter, 'Had I wist'; ane uncomely sentence
-to procede off a wyse man's mouth."
-
-[24] "We seke nathing but that Scotland may remane, as of before, a fre
-realme, rewlit by hir hyenes and hir ministeres borne men of the sam;
-and that the succession of the Crowne may remane with the lawful blode."
-
-[25] Letter of Maitland of Lethington, "from the original in his own
-hand" (Cotton MSS., Roberston, App. No. II.).
-
-[26] Spotswood, 146. It is needless to say that though Elizabeth may
-have used these words, she was bent on recovering Calais.
-
-[27] "A Convenient Ayd of Men of Warre, on Horse and Foot, to joyne with
-the power of the Scottishmen, with Artailzie Munition, and all others
-Instrumentis of Warre mete for the Purpose, as weall by Sea as by Land."
-
-[28] Conventiones Scotorum contra Reginam Unionem Franciae et Scotiae
-designantem, et pro defensione contra Francos (_Foedera_, xv. 569).
-Maitland of Lethington, in the letter in favour of an alliance between
-England and Scotland, from which quotations have just been given,
-proposes that Scotland should help to maintain order in Ireland. "The
-realme of Ireland," he says, "being of natour a gode and fertill
-countrey, by reason of the continewalld unquietnes and lak of policy, ze
-knaw to be rather a burthen to zow then great advantage; and giff it
-were peaceable may be very commodious. For pacification quhayroff, it is
-not unknown to zow quhat service we ar abill to do."
-
-[29] They numbered between seven and eight thousand men. The expedition
-seems to have cost about L230,000 (_Calendar of State Papers, Foreign_,
-1560, Preface, p. ix.).
-
-[30] Keith, 131.
-
-[31] _Foedera_, xv. 593; Keith, 137.
-
-[32] Act. Parl. Scot. ii. 534. The following memorandum, endorsed "the
-manner how the Scottis be divided, 1560," was recently found among the
-MSS. at Longleat, and is now printed in the _Hamilton Papers_, vol. ii.
-p. 748. "The names of all the noblemen temporall and spirituall of the
-congregacion of Scotlande:--The Duke of Chateaurialt; the Erle of Arren
-his sonne; the Lord James priour of St. Andros; the Erle of Arguile; the
-Erle of Glencarne; the Erle of Rothos; the Erle of Sutherland; the Erle
-of Mountithe; the Lorde Riven; the Lorde Boide; the Lorde Offoltrie; the
-Master of Lindsoye; the Master of Maxwell. The lordes and noblemen
-newters:--The Erle of Huntleye; the Erle of Catnes; the Erle of Athell;
-the Erle Marshall; the Erle of Morton and Angus; the Erle of Arrell; the
-Erle of Casiles; the Erle of Eglenton; the Erle of Mountroes; the Lord
-Erskin; the Lord Dromond; the Lord Hume; the Lorde Rose; the Lorde
-Krighton; the Lord Liveston; the Lord Somervall. Dowptfull to whether
-parte they will incline. The lordes of the Quene's partye:--The Erle of
-Bodwell; the Lorde Seton; the Lorde Fleminge; the Lord Semple; the
-Bishopp of St. Andros; the Priour of Collingham; the Abbot of Holly
-Roode Howse; with all the bisshoppes and spiritualtye of the realme. The
-Shires as they be dewided on the one parte and thother:--The Marshe,
-Tividale, Annerdale, Lowden, Sterlingeshire, Galawaye, Caricke, Guile,
-Cunningham, Cliddesdale; all these and the people therein are newters,
-onles a certaine of every shire wich kepe themselfes close. Fife, Angus,
-Arguile, Straterne, and the Mernes; most parte Protestantes. The northe
-land hath promised to take parte, but not yet assured; in whose handes
-standeth litell helpe, wich side so ever they fall into." In Mr. Fraser
-Tytler's _History of Scotland_, vol. ix. p. 425, a paper is printed
-entitled "The Present State of the Nobility in Scotland, 1st July 1592."
-It gives a list of the Scottish peers with a note of whether they were
-Protestant or Catholic, and is well worth comparing with the list in the
-_Hamilton Papers_. In the original, Mr. Tytler says, the names of the
-Catholics are marked in Burleigh's own handwriting.
-
-[33] Mr. Froude quotes a letter from Jewel to Peter Martyr:--"It is of
-the greatest moment that England and Scotland be united; and I trust
-only those may not hinder it who wish well neither to them nor to us"
-(_History of England_, vol. vi. p. 406).
-
-[34] Act. Parl. Scot. ii. 605.
-
-[35] The Queene's Majestie's Answere, declared to Her Counsell,
-concerninge the Requests of the Lords of Scotlande (Keith, 156).
-
-[36] This, however, does not altogether apply to the Darnley marriage.
-Darnley, as grandson of Margaret Tudor, was not only cousin to the Queen
-of Scots, but first prince of the blood in England; and Mary's great
-object in espousing him was to improve her chance of succeeding to the
-Crown of England, to which she was already heir-presumptive. But in
-Scotland the marriage of the queen to a Catholic could not be viewed
-with indifference; and the General Assembly of the Church proceeded to
-declare that the laws against papacy applied to the royal family as well
-as to the subjects: "That the Papisticall and blasphemous masse, with
-all Papistrie and idolatrie of Paip's jurisdictione, be universallie
-suppressed and abolished throughout the haill realme, not only in the
-subjects, but also in the Q. Majestie's awn persone" (_The Booke of the
-Universall Kirk of Scotland_, p. 28).
-
-[37] "Naturallie jonit be blude and habitatioun, of ane relligioun and
-thairby alike subiect to the malice of the commoun enemy, be quhais
-Vnioun na les suretie may be expectit to baith thair esteattis then
-dangear be thair divisioun" (_Band anent the Trew Religioun_, 31st July
-1585; Act. Parl. Scot. iii. 423).
-
-[38] Tractatus Foederis et Arctioris Amititiae, 5th July 1586 (_Foedera_,
-xv. 803).
-
-[39] Mr. Tytler's view is that one of the chief objects of Elizabeth and
-the English ministers in entering into the League was to make it easier
-to deal with the Queen of Scots. "Two months before," he says, "her
-indefatigable minister, Walsingham, had detected that famous conspiracy
-known by the name of 'Babington's Plot,' in which Mary was implicated,
-and for which she afterwards suffered. It had been resolved by
-Leicester, Burghley, and Walsingham, and probably by the queen herself,
-that this should be the last plot of the Scottish queen and the Roman
-Catholic faction; that the time had come when sufferance was criminal
-and weak; that the life of the unfortunate, but still active and
-formidable, captive was inconsistent with Elizabeth's safety and the
-liberty of the realm. Hence the importance attached to this League,
-which bound the two kingdoms together, in a treaty offensive and
-defensive, for the protection of the Protestant faith, and separated the
-young king from his mother" (_History of Scotland_, viii. 288).
-
-[40] _Calendar of Border Papers_, i. 289, 300.
-
-[41] This letter, which is very long, will be found in Spotswood, p.
-359. "Because," the bishop says, "the Letter contained the very true
-reasons that in end moved his Majesty to forbear violence and take a
-more calm course, I thought meet to set it down word by word, as it
-standeth in the original."
-
-
-
-
-CHAPTER II
-
-THE UNION OF THE CROWNS
-
-
-A few years before the Union of the Crowns, James, in the _Basilikon
-Doron_, that quaint little volume of "Instructions to his dearest sonne,
-Henry the Prince," had alluded to the dangers which were caused by the
-divided state of the island. "As for the Borders," he wrote, "because I
-know, if ye enjoy not this whole Isle, according to God's right and your
-lineal descent, ye will never get leave to brooke this North and
-barrenest part thereof; no, not your own head whereon the crown should
-stand! I need not in that case trouble you with them; for then they will
-be the middest part of the Isle, and so as easily ruled as any part
-thereof." Hitherto a royal marriage had been the favourite plan for
-removing these dangers; but after this we enter upon a series of
-attempts to bring about an Union of a more complete and definite
-character. James came to the throne of England with his mind full of the
-subject. The people of Scotland anticipated the removal of the Court to
-London with dismay. But to the king it opened up a dazzling prospect of
-power and splendour; and he lost no time in proposing the Union, and
-pressing it, in season and out of season, with a persistency which
-brings out, in a remarkable manner, the strong individuality of his
-character.
-
-For some time before the death of Elizabeth, James had been doing his
-best to gain the goodwill of the English people; and as soon as he
-received the official announcement of his accession he directed his
-Privy Council to proclaim the news, not only in order that the fact that
-he was now King of England as well as Scotland should become known, but
-in the hope, as the proclamation expressed it, that there might be
-kindled in the hearts of all Scotsmen "ane loveing and kyndlie
-dispositioun towardis all his Majestie's subjectis inhabitantis of
-England."[42] Nor did he fail to impress this sentiment on the people.
-On the last Sunday which he spent in Scotland he went to the Church of
-Saint Giles, where, when the sermon was ended, he made a speech to the
-congregation. It was regarded as a farewell, and was received with "such
-a mourning and lamentation of all sorts, as cannot well be
-expressed."[43]
-
-"There is no difference," he said, to cheer his weeping subjects,
-"betwixt London and Edinburgh; yea, not so much as betwixt Inverness or
-Aberdeen and Edinburgh, for all our marches be dry, and there are
-ferries between them. But my course must be betwixt both, to establish
-peace, and religion, and wealth betwixt the countries."
-
-The departure of James meant a great deal to Scotland. When the day
-came, and the cannon were booming from the old castle of Edinburgh, the
-citizens assembled in multitudes to gaze at the brilliant company of
-courtiers who were to accompany their king upon his journey to the
-south; but the spectacle was one which excited many fears and few hopes.
-The Union of the Crowns was making great changes. The Court was leaving.
-The queen remained behind with the young Princes and the Princess
-Elizabeth; but it was known that they were soon to follow, and that,
-henceforth, they would live in England. Their old Scottish home, the
-ancient palace of Holyrood, was being dismantled already; and soon
-nothing would remain in the royal apartments, but some stray pieces of
-furniture, and a few yards of faded tapestry. It was true that to
-Scotland there was still left that independence which had been so hardly
-won. The Parliament remained in the same position as before; but a new
-official was spoken of, a Royal Commissioner, who was, in future, to
-represent the sovereign at the meetings of the Estates. The separate
-Scottish Executive, too, was to be continued, in the shape of the Privy
-Council; but it was to be divided into two parts, the one to sit in
-England, and the other in Scotland; and it was evident that, in future,
-the real centre of influence in Scottish affairs would be London.
-
-To some of the Scottish people the future seemed very bright. During the
-reign of Elizabeth, there were seldom so many as a hundred Scotsmen in
-London at any one time. But now politicians like the future Earl of
-Haddington, at that time Lord Advocate Hamilton, saw that in the wide
-field which lay before them, greater things could be done than within
-the narrow bounds of Scotland. George Heriot, who followed the king to
-England, doubtless knew that he could hold his own, and add to his
-wealth, among the merchant princes of London. Gay young men, like Lord
-Dalgarno in _The Fortunes of Nigel_, looked forward to the amusements
-and dissipation of London, and to the chance of filling their empty
-pockets by marriages with English heiresses. And among the humbler
-members of the royal retinue there were not a few adventurers who were
-glad to visit England, and share the spoil with their betters. So great,
-indeed, was the rush of Scotsmen to England, that soon after the
-accession a proclamation was issued that no Scotsman was to cross the
-Tweed, or sail for England, without a passport from the Privy
-Council.[44] But those who remained behind, and especially the tradesmen
-of Edinburgh, who had supplied the Court, saw no chance of gain, but
-rather much risk of loss, in the change which was taking place.
-
-In England, though James himself was received with demonstrations of
-loyalty, his Scottish followers were regarded with mingled contempt and
-hatred. Scotland, it was said, was a land where the nobles were beggars,
-and the merchants were pedlars. The coarsest satire was poured forth
-against the barren and unknown territory from whence the new king had
-come. Indeed it is difficult for us, in the nineteenth century, to
-realise the scornful way in which Englishmen spoke of Scotland, though
-we may form some idea of the language which was used from the specimens
-which have been preserved of what was actually printed, circulated, and
-probably believed at that time. "The air," thus runs one of those
-productions, "might be made wholesome, but for the stinking people that
-inhabit it. The ground might be made wholesome, had they wit to manure
-it. Their beasts be generally small, women excepted, of which sort there
-are no greater in the world.... As for fruits, for their grandam Eve's
-sake they never planted any, and for other trees, had Christ been
-betrayed in this country, as doubtless he should have been, had he come
-as a stranger amongst them, Judas had sooner found the grace of
-repentance than one tree to hang himself on.... The Scriptures, they
-say, speak of elders and deacons, but not a word of deans and bishops.
-Their discourse is full of detraction, their sermons nothing but
-railings, and their conclusion, heresy or treason.... They christen
-without the cross, marry without a ring, receive the Sacrament without
-reverence, die without repentence, and bury without divine service."[45]
-
-And even among those Englishmen who knew that the popular ideas of
-Scotland were erroneous, there was a profound feeling of jealousy lest
-James should fill too many of the places about the Court with his
-countrymen. It was suspected that if he got his own way, almost every
-Scotsman in London would soon be clad in velvet and satin, and wearing a
-costly beaver instead of a blue bonnet; and James took great pains, for
-a long time after his accession, to assure the English courtiers that he
-had no intention of promoting Scotsmen over the heads of Englishmen. "I
-was ever rooted," he wrote to Lord Cranbourne, "in that firm resolution
-never to have placed Scottishmen in any such room, till, first, time had
-begun to wear away that opinion of different nations; and, secondly,
-that this jealous apprehension of the Union had worn away; and,
-thirdly, that Scotsmen had been brought up here at the foot of
-Gamaliel."
-
-Before James had been many days in England he issued a proclamation, in
-which it was announced that there was to be a complete Union of the
-Kingdoms. "In the meane tyme," he said, "till the said Union be
-established, his Majestie doth hereby repute, hold, and esteeme, and
-commandes all His Highnesse subjects to hold and esteeme, both the Two
-Realmes as presently united, and as one Realme and Kingdome, and the
-subjects of both as one People, Brethern, and Members of one Bodye."[46]
-
-The personal peculiarities of James, which amounted to eccentricities,
-his firm belief in the maxims of his own _Basilikon Doron_ and his
-complete abhorrence of the doctrines which Buchanan, in the old days,
-had tried to teach him, are prominent features of the controversy
-concerning the Union. The tenacity with which he clung to his conception
-of the royal prerogative is nowhere more apparent than in his speeches
-and proclamations, and in everything he did for the purpose of
-forwarding his favourite scheme. When the Parliament of England was
-found to be less subservient than he had expected, he pointed to
-Scotland as an example. "This I must say for Scotland," he exclaimed,
-"and may truly vaunt it; here I sit and govern it with my pen. I write,
-and it is done; and by a clerk of the council I govern Scotland now,
-which others could not do by the sword." These were not altogether idle
-words; but it would have been wiser to refrain from boasting of a
-supremacy such as the proudest of the Tudors had never ventured to
-claim.
-
-In the formidable contest against the national prejudices of Englishmen,
-on which he was about to enter, James secured a powerful ally. Bacon had
-been one of those who received the honour of knighthood on the day of
-the coronation; and he lost no time in taking the king's side on the
-question of the Union, which he supported with the subtilty of a
-scholiast, and with the broad views of a statesman and philosopher. To
-the debates in Parliament, to the Council Board of the Commission on
-Union, to the famous discussion, in the Exchequer Chamber, on the
-question of the post-nati, he brought all the resources of his mind, and
-threw himself into the struggle with an enthusiasm which could not
-possibly have been feigned. He played the part, though without success,
-which was afterwards played by Somers in the reign of Anne; and he
-seems, from the very first, to have perceived with the eye of genius
-exactly how far it was safe to go in the direction of abolishing
-international distinctions.
-
-His first contribution to the cause of the Union was to impress upon the
-king the exact state of the case, and what were the various points which
-would have to be decided. The kingdoms were, he showed, already united
-in religion and in language. No sea rolled between them. The same king
-reigned over both. But, nevertheless, there were separate Parliaments,
-separate Councils of State, and separate offices of the Crown. There was
-one peerage for England, and another for Scotland. There were two very
-different systems of law, and each country had its own peculiar code of
-legal procedure. All these various institutions, and, in addition, a
-mass of minor details of greater or less importance, would have to be
-considered in adjusting the terms of Union.[47]
-
-On the knotty question of whether there should be an uniformity of laws,
-Bacon, from the outset, in opposition to the opinion of the judges and
-of the majority of English lawyers, maintained that, while the public
-law of the United Kingdoms should be assimilated, the private law of
-each country should be left untouched; a conclusion which was arrived at
-a century later, when the Union was actually accomplished. "For," he
-said, "that which concerneth private interest of _meum_ and _tuum_, in
-my opinion, it is not at this time to be meddled with. Men love to hold
-their own as they have held, and the difference of this law carrieth no
-mark of separation."[48]
-
-But before a single step could be taken, the two Parliaments had to be
-consulted. James shrewdly calculated that if the Parliament of England
-could be gained, the Scottish Estates would readily agree to his
-wishes. He accordingly wrote to the Privy Council of Scotland, in
-January 1604, informing them that the English Parliament was to meet in
-March, when the project of an Union would be discussed, and telling them
-to call the Scottish Parliament together about the end of April; and he
-gave express commands that no subject except the Union was to be
-considered. If the Estates agreed, as he assumed they would, to the
-desirability of an Union, they were to appoint commissioners to meet
-with commissioners who would, by that time, have been appointed by the
-Parliament of England.[49]
-
-The English Parliament met on the 19th of March. The speech in which
-James recommended the Union was long, and had evidently been prepared
-with great pains. What God had joined, he urged, no man should put
-asunder. "I am the husband," he said, "and the whole island is my lawful
-wife. I am the shepherd, and it is my flock. I hope, therefore, no man
-will be so unreasonable as to think that I, that am a Christian king
-under the gospel, should be a polygamist and husband of two wives."
-Apart from some grotesque illustrations such as this, the speech was
-well worthy of the occasion. But the king's proposals were not cordially
-received; and it was only under considerable pressure that, at a
-conference of both Houses, a Commission was appointed. At the head of
-the Commission was Lord Chancellor Ellesmere; and among the members were
-Robert Lord Cecil and Sir Francis Bacon. They were empowered to consult
-with commissioners to be appointed by the Parliament of Scotland
-concerning an Union of the Kingdoms, and such other matters as, upon
-mature deliberation, should appear necessary for the honour of his
-Majesty and the common good of both realms.
-
-The Scottish Parliament, which had been summoned to meet in April in
-order that it might approve of the Union and appoint commissioners, was
-prorogued from time to time, and did not meet for business until the
-beginning of July, when the Estates assembled at Perth.
-
-James had directed the Scottish ministers to make the Union the only
-subject of deliberation, and had also promised that the expenses
-incurred by the commissioners from Scotland would be defrayed out of his
-own purse. The Estates, however, had no sympathy with the policy of the
-king. The nobles grumbled among themselves, and would fain have
-resisted. But the royal orders were peremptory; and thirty-two
-commissioners were appointed to "confer, treat, and consulte upon a
-perfyte Unioun of the realmes of Scotland and England."[50] The first
-name on the Commission was that of John, Earl of Montrose, Lord
-Chancellor of Scotland; and among his colleagues were a number of
-distinguished men. Alexander Seton, then known as Lord Fyvie, was
-afterwards the first Earl of Dunfermline. James Elphinstone, Secretary
-of State, had recently been raised to the peerage as Lord Balmerino, a
-title associated, in Scottish history, with a long series of family
-misfortunes, which culminated in the execution of his descendant, the
-last lord, after the Rebellion of 1745. Sir Thomas Hamilton, whom James
-nicknamed "Tam o' the Cowgate," was then Lord Advocate, and, after
-holding almost every great office of State in Scotland, became Earl of
-Haddington in the reign of Charles the First. Another place in the
-Commission was occupied by Sir Thomas Craig of Riccarton, author of the
-_Jus Feudale_, whose Latin history of the Union, which has never been
-published, is preserved in the Library of the Faculty of Advocates.
-
-Some of the terms which occur in the Act appointing these commissioners
-are such as to suggest the idea that James himself had been the
-draughtsman. The Estates, in language not usually to be found in the
-statute-book, declare that the Act is passed in order that "as the
-present age is ravished in admiration with an so fortunate beginning, so
-that the posterity may rejoice in the fruition of such an effectual
-Union of two so famous and ancient Kingdoms, miraculously accomplished
-in the blood and person of so rare a monarch."
-
-But the Estates, while ready to lavish praise on the king, were
-determined that the Union was not to interfere with the independence of
-Scotland. It was noticed that while the English Act for the Union
-contained a clause declaring that his Majesty had no intention of
-altering the fundamental laws and customs of England, nothing had been
-said as to preserving the laws and customs of Scotland. This was
-regarded as suspicious; and there was inserted in the Scottish Act a
-provision that the commissioners were to take care that nothing was done
-which was inconsistent with the ancient rights and liberties of
-Scotland.[51]
-
-There was also passed, at the same time, a statute which provided that
-the Commissioners on Union should have no power to treat "in any manner
-of way that may be hurtful or prejudicial to the religion presently
-professed in Scotland."[52]
-
-The commissioners, who had thus been appointed by the Parliaments, were
-summoned to meet in the Painted Chamber at Westminster in October.[53]
-But James, too impatient to await the result of their deliberations, and
-resolved to carry matters with a high hand, issued a long and wordy
-proclamation, in which he stated that he thought fit to abolish the
-names of England and Scotland, and to assume, "by the force of our royal
-prerogative," the title of King of Great Britain, France, and
-Ireland.[54] This title was to be used in all public documents. The
-Borders were in future to be known as the Middle Shires. A flag was to
-be prepared bearing the Cross of Saint George and the Cross of Saint
-Andrew. New coins, with such mottoes as "Quae Deus conjunxit nemo
-separet," and "Henricus rosas Jacobus regna," were to be struck at the
-Mint in honour of the Union.
-
-This proclamation was most unpopular in both England and Scotland. The
-judges were of opinion that the adoption of the title of King of Great
-Britain would invalidate all legal processes.[55] The king soon found
-that he had gone too far; and, after a time, he consented to wait until
-his wishes could be accomplished with the sanction of Parliament.
-
-On the 20th of October, the Commissioners on Union met at Westminster.
-"A grave and orderly assembly," is the account which Bacon gives of
-them. On the English side the lead was taken by Bacon and Cecil; while
-of the Scottish commissioners, Sir Thomas Hamilton and Lord Fyvie seem
-to have been the most prominent. It was soon evident that the Scottish
-peers were afraid that the Union would diminish their own power, and
-indifferent to the commercial advantages which it would confer upon
-their country. The commoners from Scotland also had their doubts about
-the Union. They entirely failed to appreciate the benefits of the
-colonial trade which it would open up; and they seem to have resented,
-to an extent which blinded their judgments, the removal of the Court to
-London.
-
-The English commissioners also put obstacles in the way of an
-agreement. Against the advice of Bacon, but with the support of the
-judges, they insisted on an uniform system of laws for the two
-countries; a proposal to which the representatives of Scotland would not
-listen.[56] They also maintained that it was unreasonable that Scotsmen
-should be made capable of holding offices under the Crown in England;
-and on this point there was a keen argument.
-
-After a series of discussions, which lasted for about five weeks, Bacon
-and Sir Thomas Hamilton were instructed to embody the findings of the
-commissioners, in the form of a Treaty of Union, for the approval of the
-Parliaments. "It is curious now," says Professor Masson, "to imagine the
-great English philosopher and 'Tam o' the Cowgate' thus seated together,
-for perhaps two or three evenings, over the document which was to
-descend to posterity as the draft Treaty of Union between England and
-Scotland, and to speculate how shrewdly 'Tam o' the Cowgate' must have
-looked after the substance of the document, while he may have deferred
-to Bacon's superior expertness in strictly English idiom and
-wording."[57]
-
-The Articles of Union, as finally settled, stood thus. All hostile laws,
-and, in particular, the Border laws, were to be repealed. The name of
-the Borders was to be abolished. There was to be complete freedom of
-trade between England and Scotland; and as regarded foreign commerce
-both countries were to stand on the same footing. On the difficult point
-of naturalisation, the commissioners recommended that an Act should be
-passed to declare that all subjects of both countries born since the
-death of Elizabeth, that is to say the "post-nati," were, by common law,
-entitled to the privileges of subjects in both countries. The
-"ante-nati," or subjects born before the death of the late queen, were
-to enjoy the same privileges, not at common law, but under an Act of
-Parliament passed on their behalf. But the ante-nati were not to be
-capable of holding offices under the Crown or sitting in Parliament,
-except in the country of their birth. In short, the post-nati were to be
-fully naturalised; but the ante-nati were not to have a share in the
-government or the legislature.
-
-This question of naturalisation, with the distinction drawn between the
-post-nati and the ante-nati, is, in our day, only one of faint
-antiquarian interest; but it was then a question of practical everyday
-importance. The law officers of the Crown had given an opinion that the
-post-nati of Scotland were not aliens in England, but that the
-ante-nati were; and this had led the Union Commissioners to suggest that
-both should be placed on the same footing, with the exception, which has
-just been mentioned, that the ante-nati should be declared incapable of
-holding office. At this point James raised an objection. He protested
-that he had no desire to give offices of State except to the natives of
-the country in which the office was to be exercised. He agreed to the
-proposal of the commissioners; but, at the same time, he insisted that
-the clause dealing with the question of naturalisation should be so
-worded as to recognise a right on the part of the sovereign to grant
-letters of denization. This, of course, was a palpable evasion of the
-proposed finding, and would leave him free to do as he pleased.
-Nevertheless, the commissioners recommended that, in the Articles of
-Union, the prerogative of the Crown as to appointing to offices in
-either kingdom, and as to granting letters of denization, should be
-specially reserved.
-
-The Articles of Union were signed and sealed by the commissioners on the
-6th of December, and at once presented to the king. James was in high
-spirits. He thanked the commissioners warmly for their services, and
-especially for their conduct in reserving his prerogative of appointing
-to offices in either kingdom. "Among other pleasant speeches," says
-Bacon, "he showed unto them the laird of Lawreston,[58] a Scotchman, who
-was the tallest and greatest man that was to be seen, and said, 'Well,
-now we are all one, yet none of you will say, but here is one Scotchman
-greater than any Englishman'; which was an ambiguous speech, but it was
-thought he meant it of himself."
-
-The Governments in both countries began to make arrangements for the
-approaching Union. A warrant was issued for destroying the Great and
-Privy Seals of Scotland; and new seals were made with the arms of
-England, Scotland, and Ireland quartered on them.[59] Agents were sent
-to France to investigate the privileges held by Englishmen and Scotsmen
-as to the French trade, and arrange for the future. An order was issued
-which illustrates the position of affairs between the countries.
-Scotsmen were constantly going abroad to serve in the foreign armies.
-They were in the habit of passing through England, and, on their way,
-they often were guilty of disorderly conduct, such as robbing on the
-highways, and committing other outrages, which raised a bad feeling
-against their country. It was therefore ordered that, in future, all
-Scotsmen going abroad were to embark from Scotland, instead of passing
-through England.[60]
-
-A long time, however, was to pass before the subject of the Union was
-discussed by the Parliaments. The English Parliament had been summoned
-for the 5th of November 1605, when the articles were to have been
-debated. But the discovery of the Gunpowder Plot threw everything else
-into the shade; and though the Treaty of Union was presented, nothing
-more was done.
-
-At last, when the Parliament of England met in November 1606, it was
-understood that the session was to be chiefly devoted to the Scottish
-question. The Articles of Union were known; and there was a storm of
-opposition from the merchants of London. Objections were raised to the
-admission of Scotsmen as members of English trading companies. There was
-also a strong dislike to allowing free trade between England and
-Scotland. The Scots, it was said, would come and go as they pleased, and
-fulfil or break their bargains just as it suited them. The English
-traders, moreover, wished a heavy duty to be imposed on cloth entering
-Scotland, because Scotland had, for a long time, been favoured in the
-custom duties which she paid in France; and this, along with other
-privileges she enjoyed in that country, might enable her to monopolise
-the trade in cloth with France. It was soon found that the dislike to
-the Union extended to every class throughout the country. There was a
-general fear that every district, and every calling, would be overrun
-with needy Scotsmen. The Articles of Union, it was said, would open to
-Scotsmen not only trade, but the Church, the universities, and the
-highest offices of State. They would fill, it was predicted, the best
-stalls in every cathedral in England; Latin would be taught at Oxford
-and Cambridge by the countrymen of Buchanan, whose scholarship not even
-English jealousy could venture to deny; and the tireless energy of
-ambitious Scottish politicians would secure the most lucrative places in
-the Government.
-
-In Parliament, and especially in the House of Commons, these complaints
-were echoed. Sir Christopher Piggott, one of the members for
-Buckinghamshire, rose one day, and, speaking with his hat on, launched
-into a torrent of abuse against the idea of an Union with the Scots,
-who, he shouted, were murderers, thieves, and rogues who had not
-suffered more than two of their kings to die peaceably in their beds
-during the last two hundred years. The Commons, either from sympathy or
-in surprise, received this tirade in silence. But James, when he heard
-of it, was indignant; and Piggott was expelled from the House and
-committed to the Tower.[61]
-
-In this spirit the debates, which began in February 1607, were conducted
-by the opponents of the Union. The first question which came up was the
-question of naturalisation. The speech of the member who opened the case
-against the proposals of the Union Commissioners consisted of an attack
-on Scotland and the Scots; and his chief argument against the Union was
-that if a man owned two pastures, the one fertile and the other barren,
-he would not, if he was a wise man, pull down the hedge, and allow the
-lean and hungry cattle to rush in and devour the rich pasture.
-
-Bacon led on the other side. The grand idea of an orderly and
-well-balanced Union of the two kingdoms had fascinated his imagination.
-In moderate language, and in his most lucid manner, he answered his
-opponents, and expounded his own reasons for advising the Parliament of
-England to naturalise the Scottish nation. There were, he said, three
-objections to doing so. In the first place, it was thought that if the
-Scots were no longer aliens, they would settle in England in such
-numbers that the country would be over-populated. But, he answered, four
-years had passed since the Union of the Crowns, which was "the greatest
-spring-tide for the confluence and entrance of that nation"; and during
-these four years the only Scotsmen who had come to live in England were
-those immediately connected with the Court. Again, England, he declared,
-was not yet fully peopled. London was overcrowded; but the rest of the
-country showed signs of a want of inhabitants, in the shape of swamps
-and waste places. The Commons themselves might bear in mind "how many of
-us serve here in this place for desolate and decayed boroughs." And,
-besides, what was the worst effect which could follow too great an
-increase of the population? Nothing more than some honourable war for
-the enlargement of our borders.
-
-The second objection to naturalising the Scots was that the laws of
-England and Scotland were different, that the Articles of Union left
-them different, and that it was unreasonable to admit the Scots to the
-privileges of English citizens without making them adopt the laws of
-England. But, he argued, naturalisation must come first. The inhabitants
-of Ireland, of the Isle of Man, and of Jersey and Guernsey, had the
-benefits of naturalisation; but the laws of England were not yet in
-force among them. An union of laws might be brought about both in these
-places and in Scotland, but only in course of time.
-
-The third objection was that there was so much inequality between
-England and Scotland that the Union would not be fair to England. This
-inequality, Bacon declared, consisted only in gold and silver, the
-external goods of fortune. "In their capacities and undertakings," he
-said, "they are a people ingenious, in labour industrious, in courage
-valiant, in body hard, active, and comely." If Scotland was, after all,
-to gain by the Union, then England might find that it was more blessed
-to give than to receive.
-
-Having thus answered the objections to naturalisation, he next
-maintained that if naturalisation did not follow the Union of the
-Kingdoms under the same Crown, danger would be the result. History, he
-argued, teaches us that whenever kingdoms have been united by the link
-of the Crown alone, if that union has not been fortified by something
-more, and most of all by naturalisation, separation takes place. The
-Romans and the Latins were united; but the Latins were not made citizens
-of Rome. War was the result. Sparta was ruined by attempting to maintain
-a league with States whose peoples she jealously regarded as aliens. The
-history of Aragon and Castile, of Florence and Pisa, taught us the same
-lesson. And on the other hand, we find that where States have been
-united, and that union strengthened by the bond of naturalisation, they
-never separate again.
-
-He ended his speech by saying that, in future times, England, "having
-Scotland united and Ireland reduced," would be one of the greatest
-monarchies in the world.[62]
-
-But this appeal was unheeded by the House; and though Coke brought all
-his great authority as a common lawyer to the same side as Bacon, the
-members would not be convinced. James on two occasions expostulated with
-them. He said he was willing, if it would help on the Union, to live one
-year in Scotland and another in England, or to live at York, or on the
-Borders. But the Commons were intractable, although the Lords were ready
-to agree to the Union, and to the naturalisation of the Scots.
-
-Something, however, was accomplished. The questions of trade and of
-naturalisation were left unsettled; but an Act was passed which gave
-effect to the first part of the Treaty of Union, by repealing a number
-of statutes hostile to Scotland (such as those which forbade the leasing
-of lands to Scotsmen, and the exporting of arms or horses to Scotland),
-on condition that the Scottish Parliament, when it met, was to repeal
-the Scottish Acts, of a similar nature, which were hostile to
-England.[63]
-
-With this small concession James had to be contented; and at the
-beginning of July he dismissed the Parliament, but not without a
-farewell warning that the Union was, in the long-run, inevitable. "These
-two kingdoms," he said, "are so conjoined that, if we should sleep in
-our beds, the Union should be, though we would not. He that doth not
-love a Scotsman as his brother, or the Scotsman that loves not an
-Englishman as his brother, he is traitor to God and the king."
-
-The Scottish Parliament met in the first week of August. The Scots were,
-on the whole, rather proud to think that their king had gone to rule
-over England. Yet the old wrongs could not easily be forgotten, and it
-is probable that the Estates were very nearly as much against the Union
-as the House of Commons was. The Privy Council had, some months before,
-given the king a hint of this;[64] and a trivial circumstance may be
-mentioned to show how jealous the Scots were of England. A pattern of
-the new flag which James had ordered to be prepared for the United
-Kingdom, had been sent from England; and great offence had been taken
-when it was found that the Cross of Saint Andrew was covered, and, it
-was said, hidden by the Cross of St. George. Scottish seamen, the king
-was told, could not be induced to receive the flag.[65]
-
-There can be little doubt that most Scotsmen sympathised with the
-national feeling which this trifling incident disclosed. But the private
-opinion of a member of the Scottish Parliament was one thing, and his
-public conduct was another. The Estates were submissive to the royal
-will. The Articles of Union were agreed to; and all the laws hostile to
-England were repealed.[66]
-
-Thus, so far as it lay within the power of the Scottish Parliament, the
-king had got what he wanted. All that remained was for the English
-Parliament to be equally complaisant; and the kingdoms would have been
-united in 1607 instead of a century later. But it was not to be. In
-neither country was there any genuine desire for union. The free
-traditions of the House of Commons enabled the members to say what they
-thought; and the subject, gradually dropping out of sight, was not again
-seriously debated during the reign of James. The antiquary may still
-inspect a brown and shrivelled parchment which is preserved in the
-Register House at Edinburgh, all that remains of the Treaty of 1607. The
-time had not yet come when the Parliaments of the two nations were to
-see that it was impossible for the resources of Scotland to be developed
-while she remained separate from England, and that it was equally
-impossible for England to attain a position of permanent security so
-long as Scotland remained poor and discontented, debarred, by commercial
-restrictions, from the advantages of trade with the colonies and with
-England, and with no outlet for that splendid energy of her people
-which, after the Union, changed the Lothians from a desert to a garden,
-made Edinburgh famous throughout Europe as a school of letters, and
-founded on the banks of the Clyde one of the great commercial cities of
-the world.
-
-The question of naturalisation, which could not be left undecided, was
-settled by the judges in a test case in the law courts. The action
-related to a tenement in Shoreditch, and the point at issue was whether
-the plaintiff, a child born in Scotland since the Union of the Crowns,
-was an alien, and, therefore, not entitled to bring an action for real
-property in England. Bacon was the leading counsel for the plaintiff;
-and the most important opinion was delivered by Lord Chancellor
-Ellesmere. The Court, by a majority, found for the plaintiff, holding
-that all the post-nati, or persons born in Scotland since the Union of
-the Crowns, were naturalised and entitled to all the rights of
-Englishmen in England. The ante-nati, those born in Scotland before the
-accession of James, still remained in the position of aliens.[67]
-
-The effects of the removal of the Court to London were apparent in
-Scotland for many years to come. The houses of the nobles and the gentry
-were neglected. Gardens and pleasure-grounds, which had begun to appear
-in some places, were allowed to run to waste. The inns, poor at all
-times, fell into ruins. Merchants found their business at a standstill;
-and the shipping trade languished. What made all this peculiarly galling
-to the Scottish people was that England, though not occupying under the
-Stuarts the lofty position which she had occupied under the Tudors, was,
-year after year, enlarging her bounds and adding to the sources of her
-wealth. On the southern side of the Borders, the industries of Yorkshire
-were showing signs of what they were to become. The East India Company,
-now firmly established, was extending its operations. Far across the
-seas Nova Scotia was colonised by Scotsmen whom poverty had driven from
-their homes; and the plantations of Virginia became a rich addition to
-the resources of the English Crown. And besides suffering from the evils
-of poverty, Scotland was harassed almost from the day on which James
-ascended the throne of England by those ecclesiastical disputes which
-plunged the country into so much misery during the seventeenth century.
-
-The king had been compelled, by the force of public opinion in England,
-to abandon the Union. But with the object to which he devoted the rest
-of his life even those Englishmen who doubted the wisdom of his policy
-were inclined to sympathise. The Scottish Reformation, unlike that of
-England, had been the work of the aristocracy, in opposition to the
-Crown. It had, at the same time, been a deeply religious movement; and
-these two forces, working together, had developed, as the distinguishing
-features of the Reformed Church of Scotland, a denial of the royal
-supremacy in ecclesiastical affairs, and the assertion of the spiritual
-independence of the Church. Sir James Mackintosh has said that the
-peculiar theories of Berkeley were a touch-stone of metaphysical
-sagacity, meaning, apparently, by this phrase, that those who were
-without it could not understand the meaning or the tendency of those
-theories. In like manner, spiritual independence is the touch-stone of a
-capacity for understanding the history of the Scottish Church. The words
-"spiritual independence" expressed for Scotsmen what was, on the one
-hand, a part of their constitutional law, set forth in the statutes of
-the realm, and on the other hand, an article of faith, received by the
-people as an essential part of their religion, involving the principle
-of loyalty to the great founder of the Christian faith, as the only head
-of the Church. They believed--and for this belief thousands laid down
-their lives--that there were two authorities, the one civil and the
-other spiritual. Both were based upon a divine sanction; and each was to
-be obeyed within its own sphere. The civil magistrate was to bear rule
-and to be obeyed in civil affairs; but if he attempted to interfere with
-the spiritual jurisdiction of the Church, he was to be resisted to the
-death. This principle of spiritual independence, which, neither at the
-Union of the Crowns, nor at the Union of the Kingdoms, nor during that
-memorable crisis which, in the middle of the nineteenth century, rent
-asunder the Church of Scotland, Englishmen were able to understand, was
-taught in the first Confession of Faith drawn up by the Scottish
-Reformers, and laid before the Estates in 1560.[68] After some years,
-when the long controversy between the king and the Church had begun, the
-two jurisdictions, civil and ecclesiastical, were still more carefully
-defined.[69]
-
-Principles such as these were intolerable to James. By the law of
-England the king was head of the Church; and it was, therefore, his
-policy to introduce an uniformity of ecclesiastical government over the
-whole island. For more than twenty years before the Union of the Crowns
-he had been engaged in fighting the Scottish clergy. Sometimes he won,
-and sometimes he was defeated. The great point at issue was whether the
-Scottish Church was to be Presbyterian or Episcopal; for he had found
-that if the Presbyterian system was allowed to exist, the royal
-supremacy would never be acknowledged in Scotland. Accordingly he came
-to the throne of England with a firm resolution that he would use his
-new position so as to secure the establishment of Episcopacy in the
-north; and, though he artfully concealed it, we may be sure that one of
-his chief reasons for proposing the Union was that he believed it would
-be followed by the accomplishment of this object. Henceforth the policy
-of extending the Anglican system to Scotland became the hereditary
-policy of the Stuarts. Three years after the Union of the Crowns, the
-boldest leaders of the clergy having been driven into exile, the
-Scottish Parliament acknowledged the royal supremacy over all persons
-and all causes. It was not long before Episcopacy was established; and
-James had the gratification of seeing a few of his new bishops humbly
-consenting to receive consecration from the hands of English prelates,
-and returning to Scotland to confer upon their brethren the virtues of
-the apostolical succession. But the system which was thus set up had no
-hold upon the people. It would be impossible to point out in the
-catalogue of Scottish bishops the names of a dozen men who were either
-popular, or famous for learning, or eminent on account of their public
-services. The history of Christendom contains no story so humiliating as
-the story of Prelacy in Scotland during the seventeenth century.
-
-The real meaning of the struggle between the Scottish people and the
-English Government which followed the Union of the Crowns cannot be
-understood unless we remember that, for most of those who suffered, the
-question at issue was a question of conscience. It is easy to find upon
-the surface of these events the materials from which to construct an
-explanation of a different kind. Envy at the sight of so much power in
-the hands of the priesthood, and the love, so strong in the Scottish
-character, of freedom from control, might influence some. But no one who
-looks below the surface, or reads the history of that period with an
-impartial mind, can fail to perceive that what brought the people of
-Scotland into a position of such stern antagonism to the English system
-of Church government, and, still more, what kept them there, was the
-fact that to accept Episcopacy was to give up spiritual independence, to
-admit the royal supremacy, and to abandon the principle of a divine
-head of the Church. It was for that principle that men and women died
-during the period between the Restoration and the Revolution, and not
-merely in defence of one form of Church government against another. And
-in the meantime, during the first half of the seventeenth century, it
-was the obstinate and persistent tyranny of James, and the infatuation
-of Charles the First and his advisers, which roused that memorable
-outburst of national resentment which scattered their policy to the
-winds. An uniformity in Church government and in ritual was the end
-aimed at by Charles and Laud. That end was, indeed, so far accomplished;
-but not by them. Having resolved to extend the Anglican system
-permanently to Scotland, they lived just long enough to see the Scottish
-system on the point of being extended to England, and the two kingdoms
-suddenly bound together by that solemn league which, conceived, though
-it may have been, in a spirit of intolerance, was nevertheless, for more
-than two generations, the watchword of the Whigs of Scotland, who
-afterwards, through the years of darkness and tempest, held high the
-blue banner of the Covenants, the rallying-point of Scottish freedom.
-
-During a few years the Presbyterian Church was established, and the
-ecclesiastical affairs of Scotland were administered in accordance with
-the long-cherished aspirations of the native clergy. But the alliance
-between the English Parliament and the Scottish Parliament and Church
-did not long survive the execution of Charles. Their ideas had always
-been different. "The English were for a civil league, we for a religious
-covenant," Baillie had written six years before. The Scottish Parliament
-protested against the execution. The Scottish Church was willing to
-receive Charles the Second, if he would declare himself a Presbyterian
-and sign the Covenants. "If his Majesty," Baillie writes, "may be moved
-to join with us in this one point, he will have all Scotland ready to
-sacrifice their lives for his service." Charles consented. He subscribed
-the Covenants, and bound himself, by an oath, to maintain the
-Presbyterian Church. But the royal cause was hopeless. Cromwell's
-victory at Dunbar was a crushing blow; and the battle of Worcester left
-Scotland at the mercy of the English army.
-
-FOOTNOTES:
-
-[42] _Register of the Privy Council of Scotland_, vi. 553.
-
-[43] Spotswood, 476.
-
-[44] _Register of the Privy Council of Scotland_, vi. 602.
-
-[45] Satire against Scotland, 1617; _Abbotsford Miscellany_, i. 297.
-
-[46] _Foedera_, xvi. 506.
-
-[47] A brief discourse of the Happy Union of the Kingdoms of England and
-Scotland, dedicated in private to His Majesty, 1603; Certain Articles or
-Considerations touching the Union, collected and dispersed for His
-Majesty's better service.
-
-[48] A Preparation towards the Union of the Laws of England and
-Scotland.
-
-[49] _Register of the Privy Council of Scotland_, vi. 596.
-
-[50] Act. Parl. Scot. iv. 263, 11th July 1604.
-
-[51] Act. Parl. Scot. iv. 264.
-
-[52] Act in favour of the liberties of the Kirk, 11th July 1604, Act.
-Parl. Scot. iv. 264. Balmerino, in sending to Cecil an account of the
-proceedings of the Estates regarding the Union, expresses the hope that
-the Scottish people will prove equally tractable (_Calendar of State
-Papers, Domestic_, 1603-1610, p. 132).
-
-[53] _Foedera_, xvi. 600.
-
-[54] Proclamatio pro Unione Regnorum Angliae et Scotiae, 20th October 1604
-(_Foedera_, xvi. 603).
-
-[55] _Calendar of State Papers, Domestic_, 1603-1610, p. 103.
-
-[56] "Amongst these commissioners there grew a question, whether there
-could be made an Union of the Kingdoms by raising a new Kingdome of
-Great Britaine, before there was an Union of the Lawes. Which question,
-by the King's commandment, was referred to all the Judges of England in
-Trinity Terme, Anno 2 Jac., who unanimously resolved (I being then
-Attorney General and present), that Anglia had lawes, and Scotia had
-lawes, but this new erected Kingdome of Britannia should have no law.
-And, therefore, where all the judiciall proceedings in England are
-secundum legem et consuetudinem Angliae, it could not be altered secundum
-legem et consuetudinem Britanniae, untill there was an Union of the lawes
-of both Kingdomes; which could not be done but by Authority of
-Parliament in either Kingdome" (Coke's _Institutes_, part iv. cap. 75).
-On one point connected with the legal system of Scotland, James
-displayed greater foresight than even the Whigs of 1707. "The greatest
-hinderance," he says in the _Basilikon Doron_, "to the execution of our
-lawes in this countrie, are these heritable Sheifdomes and Regalities,
-which being in the hands of the great men, doe wracke the whole
-countrey." And then he recommends his son to look forward to a time when
-he might be able to abolish them, and introduce the English system;
-"Preassing with time, to draw it to the lawdable custome of England;
-which ye may the easilier doe, being King of both, as I hope in God ye
-shall." The Heritable Jurisdictions, a curse to Scotland, were not
-abolished until after the second Jacobite Rebellion.
-
-[57] Introduction to the Treasury Edition of the _Register of the Privy
-Council of Scotland_, edited by Professor Masson, vol. vii. p. xxxii.
-
-[58] Sir Alexander Straton of Lauriston.
-
-[59] _Register of the Privy Council of Scotland_, vii. 54, 464.
-
-[60] _Ibid._ 130.
-
-[61] Commons Journals, 13th February 1607.
-
-[62] A speech used by Sir Francis Bacon, Knight, in the Honourable House
-of Commons, Quinto Jacobi, concerning the Article of the General
-Naturalization of the Scottish Nation.
-
-[63] Act for the utter abolition of all memory of hostility, and the
-dependents thereof, between England and Scotland, 4 Jac. i. cap. i.
-
-[64] "Thair be amang us not a few of the best sorte who ar als aliene
-from it as ony of the lower House, and hes moir just causis to be
-discontented with so easie obliterating of begane wrongis." (The Privy
-Council to the King, 3rd March 1607, _Register_, vii. 513.)
-
-[65] _Register of Privy Council_, vii. 498.
-
-[66] Act anent the Unioun of Scotland and England. Act. Parl. Scot. iv.
-366.
-
-[67] _Calvin_ v. _Smith_, the case of the Post-nati, or of the Union of
-the Realm of Scotland with England; Trin. 6 James I. A.D. 1608, State
-Trials, ii. 559; The argument of Sir Francis Bacon, in the case of the
-Post-nati of Scotland, in the Exchequer Chamber, before the Lord
-Chancellor, and all the Judges of England, Nov. 1608.
-
-[68] Thus the eleventh article of this Confession, which treats of the
-Ascension, contains these remarkable words: "The remembrance of quhilk
-day, and of the Judgement to be executed in the same, is not onelie to
-us ane brydle whereby our carnal lustes are refrained, bot alswa sik
-inestimable comfort, that nether may the threatning of wordly Princes,
-nether zit the feare of temporal death and present danger, move us to
-renounce and forsake that blessed societie, quhilk we the members have
-with our head and onelie Mediator Christ Jesus, whom we confesse and
-avow to be the Messias promised, the onelie head of his Kirk, our just
-Laugiver, our onelie hie Priest, Advocate and Mediator. In quhilk
-honoures and offices, gif Man or Angel presume to intrude themself, we
-utterlie detest and abhorre them, as blasphemous to our Soveraine and
-supreme Governour Christ Jesus." The twenty-fifth article is entitled,
-"Of the Civil Magistrate"; and these two articles, when read together,
-contain the germ of the Scottish idea of an Established Church. This
-Confession was ratified by the Estates in 1567, Act. Parl. Scot.
-
-[69] "This power ecclesiasticall flowis immediatlie frome God, and the
-Mediator Chryst Jesus, and is spirituall, not having ane temporall heid
-on eirth, bot onlie Chryst, the onlie spirituall King and Gouernour of
-his Kirk;" "It is ane title falslie usurpit be Antichrist, to call
-himself heid of the Kirk, and aucht not to be attributit to angell or to
-mane, of what estait soeuir he be, saiffing to Chryst, the Heid and
-onelie Monarche in this Kirk;" "As the ministeris and vtheris of the
-ecclesiasticall estait, ar subiect to the magistrat ciuillie, swa aucht
-the persone of the magistrat be subiect to the Kirk spirituallie, and in
-ecclesiasticall gouernment. And the exercise of bayth thais
-jurisdictionis can not stande in ane persone ordinarlie" (Headis and
-Conclusionis of the Policie of the Kirk, cap. i.). This statement of
-principles, usually called the "Second Book of Discipline," was
-promulgated by the Church of Scotland in 1578.
-
-
-
-
-CHAPTER III
-
-THE UNION DURING THE COMMONWEALTH
-
-
-When the battle of Worcester was fought exactly a year had passed since
-the battle of Dunbar. The events of that year were not such as to
-reconcile Scotland to the Union which was now proposed by the Government
-of England. All trade between the two countries had been forbidden.
-Edinburgh had been taken, the royal palace of Holyrood, turned into
-barracks, had been set on fire through the carelessness of the soldiers,
-and almost totally destroyed. The churches had been desecrated, their
-pulpits and seats torn down and used as firewood. The edifice which
-George Heriot had directed his executors to raise for the benefit of the
-poor of Edinburgh was seized, while still in the builder's hands, and
-turned into a military hospital. The castle had been surrendered into
-the hands of the invader. In the Parliament House, English troopers
-prayed and preached. The garrison of Stirling Castle had capitulated;
-the public records of the kingdom had been removed to the Tower of
-London; and the whole country south of the Forth and Clyde was subdued.
-Dundee held out to the last; but just two days before the battle of
-Worcester the town was stormed by Monk.
-
-The slaughter at Dundee, and the news brought home by those who had
-escaped from the field of Worcester, extinguished all hopes of further
-resistance. In the Highlands alone there remained some faint show of
-adherence to the cause of the Stuarts, which afterwards found an outlet
-in the rising under Glencairn; and the Marquis of Argyll strove, for a
-time, to stem the tide which was overwhelming Scotland. But, to all
-intents and purposes, the country was now thoroughly subdued.
-
-Eight commissioners, among whom were young Sir Harry Vane, Lambert, and
-Monk, were appointed to arrange an Union. They found everything in
-confusion. The last meeting of the Scottish Parliament had taken place
-on the 6th of June. The Court of Session had not sat since February
-1650. Many towns were without magistrates. The Church was torn by
-internal dissensions. When proclamation was made, at the market-cross of
-Edinburgh, that Scotland was to be united, in one Commonwealth, with
-England, the announcement was received in gloomy silence. But there was
-an under-current of feeling in favour of the Union, of which the
-commissioners were doubtless aware. Delegates from the counties and
-burghs were summoned to meet at Dalkeith, to consider the Tender of
-Union which the commissioners were empowered to offer on behalf of the
-Parliament of England; and the result was that, of thirty-one counties,
-twenty-eight, and of fifty-eight burghs, forty-four assented to the
-Union.[70] Their assent must in some degree be ascribed to motives of
-prudence; for it was known that those counties and burghs which failed
-to send delegates favourable to union would be disfranchised; but it was
-from Glasgow alone, which, more than any other place in Scotland, was
-ultimately to benefit from the Union with England, that any formal and
-serious objection came. By some a scheme was suggested, which Fletcher
-of Saltoun would have warmly supported in 1707, for declining an
-incorporating Union and making Scotland a republic in friendly alliance
-with England. But the proposers of this scheme, one of whom was the
-noted Covenanter, Sir Archibald Johnston of Warriston, ultimately
-agreed to the Union.
-
-The chief opponents of the new arrangement were the clergy. It was on
-the 23rd of February 1652 that the delegates assembled at Dalkeith; and
-on the following day Baillie writes: "All the ministers of Edinburgh
-prays still for the king, and preaches very freely and zealously against
-the way of the English; this they are very angry at, and threatens to
-remeed it." But the ministers were divided against each other. Some
-resisted the Union because they were Royalists, some because they could
-not tolerate the idea of uniting with a country in which the
-Independents and other "Sectaries" had so much power, and others because
-they thought that the result of the Union would be that the Church would
-become subordinate to the State. But their resistance was of no avail;
-and they could only lament the defection of so many of the laity. "Good
-Sir John Seaton," Baillie writes in reference to the Conference at
-Dalkeith, "was the first that subscribed his free and willing acceptance
-of the incorporation for East Louthian. The two Swintons followed for
-the Merse, Stobs for Tiviotdale, Dundas for West Louthian, William
-Thomson and Fairbairne, I think, have done the like for Edinburgh, and
-its like almost all burghs and shyres will, under their hand, renounce
-their Covenant; Glasgow and the West purposes to refuse, for which we
-are like deeply to suffer; but the will of the Lord be done."[71]
-
-The result of the meeting of delegates was reported to Parliament; and
-the Council of State was instructed to prepare a Bill for the union of
-the two countries. Deputies were sent from Scotland to Westminster to
-adjust the details of the measure, and, in particular, to fix the number
-of members who were to represent Scotland in the Parliament of the
-United Commonwealth. A series of conferences were held between these
-deputies and a Committee of Parliament, at which the demands of Scotland
-were discussed. There was great difficulty in settling the question of
-representation.[72] The English proposal was that, in the united
-Parliament, England should be represented by four hundred members,
-Scotland by thirty, and Ireland by thirty. The number of commoners in
-the Scottish Parliament had been one hundred and twenty; and the
-deputies wished sixty Scottish members to have seats in the House of
-Commons. The English Government, however, refused to admit more than
-thirty. This was agreed to; and the Union Bill was about to pass, when,
-on the 20th of April 1653, Cromwell put an end to the Long Parliament.
-
-In the Little Parliament, Barebones' Parliament, Scotland was
-represented by five members, and some progress was made in the matter of
-the Union. It was resolved that there should be complete free trade
-between England and Scotland. The Government ordered all money raised in
-Scotland to be spent in Scotland for local purposes;[73] and that on the
-passing of the Union Bill, an enactment, which had come into force three
-years before, under which all Scotsmen were banished from England,
-should be repealed.[74] But the further progress of the Union Bill came
-to an end when Parliament was dissolved, and the control of all affairs
-passed into the hands of Cromwell as "Lord Protector of the Commonwealth
-of England, Scotland, and Ireland," a title which assumed that the
-Union had already taken place.
-
-In the following spring an ordinance was framed for completing the
-Union. It set forth that the people of Scotland, having been invited to
-unite with England, had, through their deputies, accepted the
-invitation; that Scotland was, therefore, to be now incorporated and
-declared one Commonwealth with England; and that, in every Parliament
-which was held for the Commonwealth, thirty members were to serve for
-Scotland. To secure the more effectual preservation of the Union, and
-the freedom of the country, the people of Scotland were relieved from
-all allegiance to the Stuarts. The title of King of Scotland was
-abolished. The right of the Estates to assemble in Parliament was
-annulled. It was ordained that, "as a badge of this Union," the arms of
-Scotland should form a part of the arms of the Commonwealth; and that
-all seals of office, and the seals of the corporations in Scotland,
-should henceforth bear the arms of the Commonwealth. All taxes were to
-be levied proportionably from the whole people of the Commonwealth.
-Vassalage was abolished, and lands were to be held by deed or charter
-for rent. The whole system of hereditary jurisdictions, by which there
-had been transmitted from father to son, in many families of the
-landowners, the power of holding courts and inflicting punishments, even
-that of death, was swept away. An immense boon was conferred on Scotland
-by the establishment of complete free trade between the countries, and
-by the declaration that in all matters relating to commerce England and
-Scotland were thenceforth equal.[75]
-
-This ordinance was proclaimed at Edinburgh on the 4th of May 1654. The
-town-cross, at which the ceremony took place, was surrounded by troops
-under the command of Monk. An immense crowd of the townsfolk assembled
-to witness the proceedings. The Lord Provost and the Magistrates, clad
-in their scarlet robes, were in attendance. Henry Whalley, Judge
-Advocate to the English army, read the proclamation; and at the
-conclusion of the ceremony, Monk and his friends were entertained at a
-sumptuous banquet in the Parliament House, where the Magistrates stood
-and served them. Later in the evening there was a display of fireworks
-at the town-cross.
-
-The Union having been thus proclaimed, the Council of State at Whitehall
-proceeded to arrange the distribution of seats in Scotland.[76] Of the
-thirty seats, twenty were allotted to the counties, and ten to the
-burghs. The more populous counties each returned a member. The rest were
-divided into groups. Of the burghs, Edinburgh alone returned two
-members; but all the other towns were grouped into districts.
-
-When the Protector's first Parliament met, in July 1654, twenty-one
-members from Scotland attended. Of these, both the members for
-Edinburgh, and several others, were Englishmen; and while the Union
-lasted, the members from Scotland were either quiet and peaceful
-Scotsmen, ready to support the Protector's measures, or English
-officials.[77]
-
-The Council in Scotland managed the elections there. The full number of
-thirty members was returned to the Parliament of 1656; but many of them
-were Englishmen. Argyll opposed the Council, and endeavoured to secure
-the return of Scotsmen only, but in vain. He failed to obtain a seat
-himself until Richard Cromwell's Parliament of 1658, when thirteen
-county and eight burgh members seem to have attended. Argyll then
-represented Aberdeenshire in the House of Commons; but the members for
-Perthshire, Inverness-shire, Linlithgow, Stirlingshire, Clackmannan,
-Dumbartonshire, Argyllshire, Bute, and Midlothian were all Englishmen;
-and a majority of the burgh members came from Westminster or the Inns of
-Court.[78]
-
-The executive government in Scotland, during the Union, was vested in a
-Council of State, to whom elaborate instructions were issued by the
-Protector. They were to inquire into the best means for preserving the
-Union; to promote the cause of religion, taking care that the clergy
-were regularly paid, and that all schools had able and pious teachers;
-to encourage learning and reform the universities; to remove from the
-corporations disaffected or ill-behaved magistrates, and replace them by
-suitable persons; to see that equal justice was administered to all men,
-and to promote the Union by assimilating the procedure in the courts of
-Scotland to that of the courts of England; to investigate the state of
-the revenue, and see that the Exchequer was not defrauded; to study
-economy in the public service; to encourage the fishing industry, the
-manufactures, and the commerce of Scotland.
-
-The Council consisted of nine members, of whom only two, Lockhart and
-Swinton, were Scotsmen. Roger Boyle, Lord Broghill, third son of the
-Earl of Cork, was President, with a salary of two thousand pounds a
-year; and the great Scottish offices of State, most of which were
-retained, were generally filled by Englishmen. Lord Broghill appears to
-have been popular. "He has gained," Baillie writes, "more on the
-affections of the people than all the English that ever were among
-us."[79]
-
-An army of English soldiers, nearly as numerous as that which occupied
-Ireland, was spread over Scotland. Forts were built at Leith, Glasgow,
-Ayr, and Inverness; and the castle of Inverlochy was repaired and filled
-by a garrison which overawed the Western Highlands. The strictest
-discipline was maintained. "I remember," Burnet says, "three regiments
-coming to Aberdeen. There was an order and discipline, and a face of
-gravity and piety among them, that amazed all people." Burnet attributes
-the flourishing state of Scotland during the Union to the money spent by
-the army; so does Fletcher of Saltoun. And it must have had a
-considerable effect on the financial state of the country, as the pay of
-the troops amounted to two hundred and fifty thousand pounds yearly, an
-immense sum for the Scotland of those days.
-
-In the judicial system sweeping changes were introduced. The exercise of
-jurisdiction in Scotland was prohibited, except under the authority of
-the Parliament of England. The powers of the Court of Session, the
-supreme tribunal of the country, were handed over to a bench of
-Commissioners for the Administration of Justice to the People of
-Scotland. These judges were seven in number, four Englishmen and three
-Scotsmen. At first the Scottish Bar joined the clergy in opposing the
-Union, and refused to plead; but by the autumn of 1656 most of the
-advocates had returned to business.
-
-The manner in which the "English judges," as the Commissioners were
-called, performed their duties seems to have given great satisfaction.
-The Court of Session had been so tyrannical and corrupt that the
-fairness and purity of the new Court astonished the country. "Justice,"
-we are told, "was wont to be free and open for none but great men, but
-now it flows equally for all." Circuit courts were held throughout the
-country; and, while crime was firmly punished, the extreme severity of
-the Scottish criminal system was avoided. Prosecutions for witchcraft
-were still frequent, but the English judges received the evidence with
-suspicion; and on one occasion no less than sixty persons, whom the
-superstition of their own countrymen would have condemned to the flames,
-were acquitted.
-
-The merchants of Scotland were, by the terms of the Union, admitted to
-all the trading privileges which Englishmen enjoyed. Goods of every
-description passed duty-free from England to Scotland and from Scotland
-to England; and there was no restriction on the foreign and colonial
-trade of Scotland. But these advantages were not fully appreciated; for
-Scottish commerce was still in its infancy. The Glasgow of to-day, with
-its miles of wharves and warehouses, its forest of masts, its
-shipbuilding yards, its crowded streets and handsome squares, had no
-existence. The merchants of the small town upon the Clyde traded with
-Ireland, in open boats, for meal, oats, and butter. They shipped coal,
-herrings, and woollen goods to France in exchange for paper and prunes.
-They sent to Norway for timber, and to Barbadoes for sugar. But the
-river Clyde was then so shallow that their ships could not come nearer
-to the town than a spot fourteen miles distant, where they were
-unloaded, and the cargoes carried up the river on rafts or in small
-boats.
-
-The English were astonished at the poverty of Scotland. The whole
-revenue from Customs and Excise was under fifty thousand pounds a
-year.[80] A monthly assessment of seventy thousand pounds was levied in
-the towns and counties of England, while Scotland was assessed at only
-six thousand pounds. The yearly expenditure in Scotland exceeded the
-revenue; and the balance was paid out of the English treasury.
-Nevertheless the time of the Union during the Commonwealth was regarded
-as a time of prosperity. The trade of Glasgow began to flourish. Leith,
-then the chief port in Scotland, Dundee, and Aberdeen made considerable
-progress in wealth; and there can be little doubt that if the commercial
-policy of Cromwell had not been reversed at the Restoration, the
-merchants of Scotland would have made, during the second half of the
-seventeenth century, that remarkable advance towards opulence and
-importance which they made after the Union of 1707.
-
-When, fifty years later, the Union was finally accomplished, one of the
-most difficult questions which the statesmen of the two countries had to
-discuss was the question of the Church. But the ordinance of April 1654
-contains no reference to that question. The Council for Scotland was
-instructed, in general terms, to promote the cause of religion, and to
-see that the clergy were paid regularly; but no formal settlement was
-attempted. Though the stipends of the Scottish clergy were small, their
-social position was far higher than that of the English clergy. They
-associated, on terms of equality, with the first families of the laity,
-and so great was their influence that, if they had been united among
-themselves, they might have held their own against the Independents who
-came to Scotland with Cromwell. But they were powerless, because they
-were divided, split up into two parties, and engaged in a dispute which
-was conducted with a warmth unusual even in the quarrels of Churchmen.
-
-This dispute had its origin in the Engagement for the relief of Charles
-the First. The Scottish Parliament of 1649 had passed an Act which
-declared all those who approved of the Engagement incapable of holding
-any public office.[81] This statute, known as the Act of Classes, had
-incapacitated a number of persons from serving in the army. After the
-battle of Dunbar, the General Assembly passed resolutions in favour of
-readmitting to the public service, particularly in military employments,
-those who had been proscribed; and Parliament, taking the same view as
-the majority of the clergy, repealed the Act of Classes. Against this
-the defeated minority of the clergy protested. Two parties were formed,
-the one known as Resolutioners, and the other as Protesters; and the
-contest passed from the ranks of the clergy to the ranks of the people.
-Which party had the larger following among the people it is difficult to
-say; but, apparently, while the Resolutioners formed a majority of the
-clergy, the Protesters were more popular, especially in the
-south-western counties, afterwards the stronghold of the Covenanters
-during the period which followed the Restoration.
-
-The Church of Scotland was rent in twain, and there were two factions in
-almost every parish. The induction of a minister was seldom accomplished
-without opposition; and on many occasions disgraceful scenes took place
-in the churches, riots, stone-throwing, and even bloodshed. The
-differences between the parties extended from the original cause of
-quarrel to questions of rites and ceremonies, always a fruitful source
-of bad feeling. The country was flooded with controversial pamphlets, in
-which the disputants attacked each other in the most acrimonious terms.
-One of the Protesters, indeed, a young divine named Binning, published a
-book on _Christian Love_, in the hope, apparently, of preparing the way
-for a reconciliation, but his advances were rejected with scorn.
-
-Some members of the Council of State proposed that means should be taken
-to re-unite these factions; but Vane advised a very different course.
-Let them fight it out, he said, in the inferior courts of their Church.
-By this means their attention will be diverted from secular matters,
-with which they are too fond of interfering, and confined to their own
-private squabbles. At the same time, if we forbid the General Assembly
-to meet, they will be powerless for either good or evil. This policy was
-carried into effect. The Assembly met at Edinburgh, and the members
-were about to proceed to business, when an officer entered, and asked by
-what authority they had met. Was it by the authority of the Parliament
-of England, or of the commander of the English forces, or of the English
-judges in Scotland? The ministers answered that the Assembly was an
-ecclesiastical court, deriving its authority from God and established by
-the law of the land. The officer said that he had orders to dissolve the
-meeting, and ordered those present to follow him, or he would drag them
-by force out of the room.
-
-Uttering protests against this violence, the members rose and followed
-him. A guard of soldiers surrounded them, and led them along the
-streets, "all the people gazing and mourning, as at the saddest
-spectacle they had ever seen." Presently a halt was called. The names of
-the ministers were taken down; and they were told that all future
-meetings were forbidden. On the following morning, by sound of trumpet,
-they were commanded to leave the town, on pain of instant imprisonment
-if they disobeyed.[82]
-
-In this summary fashion the supreme court of the Church of Scotland was
-dissolved; and while the Union lasted the English army was supreme in
-Church affairs. The clergy were forbidden to pray for the king, and
-ordered to pray for the Protector. This order was at once obeyed by the
-Protesters; but the Resolutioners did not submit until they were
-informed that their stipends would be withdrawn, when they came to the
-conclusion that as the king could not protect them nor pay them they
-need no longer pray for him. Excommunication lost its terrors when the
-secular arm could no longer be invoked to give civil effect to the
-sentence of a Church court. The stool of repentance, which stood in
-every church, and on which sinners had to sit and listen to a public
-rebuke, was derided by the rough troopers, who either broke it to
-pieces, or sat on it themselves, to show their contempt for a kind of
-discipline which was akin to penance in the Church of Rome. The English
-soldiers did not admire either the Church or the religious character of
-the Scots. "A Kirk whose religion is formality, and whose government is
-tyranny, a generation of very hypocrites and vipers whom no oaths or
-covenants can bind, no courtesies or civilities oblige," was their
-verdict.[83] Magnificent and fruitful of results as the Covenanting
-movement was, there can be no doubt that side by side with the genuine
-religious devotion of some there was to be found the deep hypocrisy of
-others. Cromwell saw this at once, and complained that where he had
-expected to find "a conscientious people," he had found one "given to
-the most impudent lying and frequent swearing, as is incredible to be
-believed."[84]
-
-The persecuting principles of the Scottish clergy, too, alienated the
-Independent ministers who accompanied the army. Even so good a man as
-Samuel Rutherford argued against toleration with almost as much bigotry
-as Edwards had displayed in the Gangraena; and Baillie lamented that "the
-hand of power is not heavy on any for matters of religion."[85]
-Principles such as these were, of course, hateful to the Independents,
-with whom liberty of conscience was an article of faith; and the fact
-that such principles were held by the Scottish clergy was one of the
-chief reasons why, during the Commonwealth, the Scottish Church was
-powerless.
-
-Among the duties intrusted to the Council of State for Scotland were the
-encouragement of learning and the reform of the universities.
-Commissioners visited the universities, and changes were made.
-Resolutioners were turned out, and Protesters put in their places.
-Leighton, afterwards Bishop of Dunblane, became Principal of Edinburgh
-University. At Glasgow, Patrick Gillespie was appointed against the
-remonstrances of Baillie and his party; but even Baillie afterwards
-admitted that the appointment was a wise one. "The matters of our
-college," he writes, "this year were peaceable; our gallant building
-going on vigorously; above twenty-six thousand pounds are already spent
-upon it; Mr. Patrick Gillespie, with a very great care, industrie, and
-dexterity, managing it as good as alone." A grant of two hundred pounds
-a year was made to the Universities both of Edinburgh and of Glasgow;
-and before his death the Protector had taken the first steps towards
-founding a College of Physicians for Scotland.
-
-In 1659 it was resolved to put the Union, the terms of which rested only
-on the ordinance promulgated by Oliver Cromwell five years before, on a
-more constitutional footing; and for that purpose two Bills "for
-perfecting the Union between England and Scotland" were brought into
-Parliament.[86] But neither of these Bills became an Act of Parliament;
-and at the Restoration, the Union came to an end.
-
-As to the general effect of this Union on the state of Scotland we have
-conflicting accounts; but the weight of evidence goes to show that it
-was a time, not only of quiet, which has never been denied, but also of
-prosperity. Baillie tells a dismal tale. The peers were in exile or
-reduced to poverty; the people were burdened by heavy taxation, and
-suffering from want of money and want of trade. But Baillie was a
-Resolutioner; and the Protesters were favoured by the Government.
-Therefore, for Baillie, the times were out of joint, and he exclaims,
-"What shall we do for a testimony against the English?" Yet he is forced
-to admit that food was cheap and plentiful; and he gives an account of
-the state of Glasgow, where he lived, from which it appears that the
-town was highly prosperous. The magistrates were rapidly paying off the
-public debt, and spending money on public works.[87]
-
-To the historian Kirkton, who was on the other side, everything seemed
-bright. It was a period of "deep tranquillity." Every parish had a
-minister; every village had a school; almost every family had a Bible.
-The voice of singing and of prayer was heard in every house. From the
-taverns alone came the sound of lamentation; for the happiness and
-sobriety of the people were such that the trade in strong drink was
-ruined.[88]
-
-Burnet agrees with Kirkton. "We always reckon," he says, "those eight
-years of usurpation a time of great peace and prosperity." Defoe took
-special pains to make himself acquainted with the affairs of Scotland,
-and the information which he received was to the same effect. "Scotland
-flourished, justice had its uninterrupted course, trade increased, money
-plentifully flowed in."[89] Cromwell himself, in 1658, gave a favourable
-account of the state of things, on which Carlyle's comment is, "Scotland
-is prospering; has fair play and ready-money;--prospering though
-sulky."[90]
-
-In England the Union, if not unpopular, was regarded with indifference.
-In the Protector's "House of Lords" there were three Scotsmen, Lord
-Casselis, Sir William Lockhart, and Johnston of Warriston, the last of
-whom seems to have wearied the House with long and frequent speeches. In
-the House of Commons the members from Scotland gave no trouble, and are
-said, indeed, never to have opened their lips. The commercial
-advantages, however, which Scotland had secured by the Union caused
-great jealousy among the English merchants; and on the English side of
-the border the establishment of free trade between the countries was
-viewed with disfavour. But, on the whole, the broad current of English
-life flowed on, undisturbed by the existence of the Union.
-
-FOOTNOTES:
-
-[70] Act. Parl. Scot. VI. ii. 771.
-
-[71] _Letters and Journals_, iii. 174.
-
-[72] _Calendar of State Papers, Domestic_, 1651-52, p. 485.
-
-[73] _Calendar_, 1653-54, p. 12.
-
-[74] _Calendar_, 1653-54, p. 258.
-
-[75] Order of Council, Whitehall, 12th April 1654.
-
-[76] Order of Council, 27th June 1654.
-
-[77] Baillie's _Letters and Journals_, iii. 289, 318, 357; Thurloe,
-_State Papers_, v. 366.
-
-[78] Act. Parl. Scot. VII. ii. 784.
-
-[79] _Letters and Journals_, iii. 315.
-
-[80] Report by Thomas Tucker upon the revenue of Excise and Customs in
-Scotland, 1656, in the _Scottish Burgh Society's Miscellany_.
-
-[81] Act of Classes for purging the Judicatories and other Places of
-Public Trust. Act. Parl. Scot. VI. ii. 143.
-
-[82] _Letters and Journals_, iii. 225.
-
-[83] Orme's _Life of Owen_, p. 128; Whitelocke, July 1650.
-
-[84] Letter to the Council of State, 25th September 1650.
-
-[85] _Letters and Journals_, iii. 291.
-
-[86] _Calendar of State Papers, Domestic_, 1659-1660, p. 35; Act. Parl.
-Scot. VI. ii. 587.
-
-[87] _Letters and Journals_, iii. 249, 288, 357, 360, 387.
-
-[88] Kirkton's _True and Secret History of the Church of Scotland_
-(edited from the original MS. by Charles Kirkpatrick Sharpe, 1817), pp.
-64, 65. In Law's _Memorialls_ (edited from the MS. by Mr. Sharpe in
-1818) there is a passage which, if it is to be relied on, shows that
-during this period the course of religion had been advanced by the
-policy of preventing the clergy interfering so constantly in politics.
-"It is not to be forgotten," Law says, "that, from the year 1652 to the
-year 1660, there was great good done by the preaching of the gospell in
-the West of Scotland, more than was observed to have been for twenty or
-thirty yeirs before; a great many being brought in to Christ Jesus by a
-saving work of conversion, which was occasioned through ministers
-preaching nothing all that tyme but the gospell, and had left off to
-preach up parliaments, armies, leagues, resolutions, and remonstrances,
-which was much in use before, from the year 1638 till that time 52,
-which occasioned a great number of hypocrytes in the Church, who, out of
-hope of preferment, honour, riches, and worldly credit, took on the form
-of godliness, but wanted the power of it."
-
-[89] _History of the Union_, section ii. p. 10, first edition, published
-in 1709. Defoe's _History of the Union_ was reprinted in 1712 and 1786,
-and again in 1787 "with an introduction, in which the consequences and
-probability of a like union with Ireland are considered."
-
-[90] January 1658, Carlyle's _Cromwell_, Speech XVII.
-
-
-
-
-CHAPTER IV
-
-FROM THE RESTORATION TO THE REVOLUTION
-
-
-At the Restoration the advisability of continuing the Union was
-discussed. In England it was maintained that the smaller country must
-give up its Parliament and its separate system of laws, or that it must,
-at all events, make the first advance, and say definitely on what terms
-it would unite. In Scotland it was foreseen that not only would the
-native Parliament and the native laws be destroyed in the event of a
-union, but that also, in all probability, the Church would be
-sacrificed. But the prosperity which the country was beginning to enjoy
-might have reconciled many of the people to these changes.[91]
-
-The Restoration was hailed with joy by the nobles, who hoped that they
-would again have their Parliament and their Privy Council, by means of
-which their families were aggrandised, and their hereditary
-jurisdictions and feudal rights, which gave them so much authority over
-their tenants and retainers. The clergy, smarting under the indignities
-to which they had lately been subjected, and believing that Charles
-would keep faith with them and establish Presbytery, welcomed the
-change, and at once began to pray again for the king. Clarendon,
-however, was of opinion that the majority of Scotsmen were in favour of
-the continuance of the Union. He himself was in favour of leaving things
-as they were. "But the king," he says, "would not build according to
-Cromwell's models, and had many reasons to continue Scotland within its
-own limits and bounds, and sole dependence upon himself, rather than
-unite it to England with so many hazards and dangers as would inevitably
-have accompanied it, under any government less tyrannical than that of
-Cromwell."[92]
-
-Lauderdale, whose influence in Scottish affairs was now well-nigh
-supreme, was strongly in favour of removing all traces of the
-Commonwealth government. To begin with, he insisted that the fortresses
-which Cromwell had built should be demolished and their garrisons
-withdrawn. The time might come, he told the king, when he would be in
-need of Scottish garrisons in England, and to maintain an English army
-in Scotland would alienate the affections of the Scottish people. The
-fortresses were, accordingly, dismantled, and the army of occupation was
-disbanded. Every trace of the Union soon disappeared. The Estates met
-in the Parliament House once more; and the judges took their places on
-the bench of the Court of Session.
-
-On the question of the Church, Lauderdale's advice was not followed. His
-view was that, instead of aiming at an Union, either civil or religious,
-between the two countries, the object of the Government should be to
-disunite them by all possible means, and, at the same time, to keep the
-people of Scotland in good humour by giving them whatever form of Church
-government they wanted, in order that they might be willing to serve the
-king, if necessary, against the Parliament of England. Such was the
-advice of Lauderdale. Charles himself, though he detested Presbytery,
-was at first inclined to take it. But, in the end, the intrigues of the
-Episcopal faction prevailed; and it was resolved to establish an
-Episcopal Church in Scotland. The Chancellor explained to Lauderdale
-that it was intended to set up only a modified form of prelacy. "My
-Lord," he sternly answered, "since you are for bishops and must have
-them, bishops you shall have, and higher than ever they were in
-Scotland."
-
-These words came true. If the statesmen of England had asked, By what
-means shall we most easily irritate and exasperate the Scottish people?
-how can we alienate them from England? how can we render the royal
-family unpopular? how can we destroy the trade of Scotland, which is
-beginning to improve? how can we throw the country, which is settling
-down, back into anarchy and confusion? how can we most successfully
-unite against the Church of England the whole body of the Scottish
-people? how can we produce a profound distrust in all measures which are
-proposed by the Council in London? by what means, in short, can we best
-make the people of Scotland disloyal, poverty-stricken, and
-rebellious?--if these questions had been asked, some evil councillor
-might have answered them thus: Pass, he might have said, an Act of
-Parliament which will destroy their commerce; abolish the Union, and
-thus destroy free trade between them and the English; restore to the
-owners of the soil the jurisdictions by means of which they tyrannised
-over their dependants in the past, and by means of which they will be
-able to tyrannise over them in the future; restore the tenure of lands
-by military service, and thus you will, in a few years, people every
-hamlet over a large portion of the country with restless and idle
-clansmen, whose only business in life is to foment feuds between their
-masters, and to seek plunder for themselves; above all things, let the
-king destroy the Presbyterian Church which he swore to establish when he
-took that solemn vow, on the faith of which the crown of Scotland was
-placed upon his head; let the great noble whose hands performed the act
-of coronation, and to whom a Dukedom and a Garter were promised, be
-accused of treason for a tardy compliance with the usurper, and let the
-rules of legal procedure be strained in order to procure his
-condemnation; eject from their livings the clergy whom the people trust;
-let enormous fines, far in excess of what the country can bear, be
-inflicted on every class for the offence of nonconformity; punish with
-death those who listen to the clergy preaching in the fields because you
-have driven them from the churches. All this, and a great deal more, was
-done. The years which followed the Restoration were the most miserable
-in the history of Scotland. The great source of misery was the desperate
-contest between the Episcopal and the Presbyterian Churches; but the
-commercial policy of the English Parliament is what chiefly bears on the
-question of the Union.
-
-Scotland had not suffered from the Navigation Act of 1651, which forbade
-foreign ships to import goods into England, or to trade with the
-colonies, or even to visit them without special leave. This statute was
-passed, in the words of Blackstone, "to punish our rebellious colonies,
-and to clip the wings of the Dutch." It kept the colonial trade in the
-hands of England, and increased the value of English shipping. The terms
-of the Union during the Commonwealth had exempted Scotland from its
-provisions. But now the Union was at an end, and Scotland was once again
-a separate kingdom. The Parliament of England proceeded to pass a new
-and even more stringent Navigation Act, which inflicted a deadly blow
-upon the trade of Scotland.[93]
-
-Sir George Mackenzie traces the origin of this, and other laws hostile
-to Scottish commerce, to the fact that Clarendon and other English
-politicians were piqued by the way in which Lauderdale prided himself on
-having induced the king to withdraw the army from Scotland against their
-advice. "This excessive boasting," he says, "that he had prevailed in
-this over Hyde, Middletoun, and all the English, did somewhat contribute
-to renew the old discords which had formerly been entertained between
-the two nations; and occasioned the making of those severe Acts, whereby
-the Parliament of England debarred the Scots from freedom of trade in
-their plantations, and from enjoying the benefit of natives in the
-privilege of shipping."[94]
-
-The new law was so rigorous that no goods nor produce, of any country,
-could be imported into the colonies except from England or Wales. Irish
-goods could not go from Ireland, nor Scottish goods from Scotland.
-Moreover, the most important products of a colony could enter England,
-or another colony, only on payment of duty. English ships alone were
-allowed to carry goods to and from the colonies. The sugar, the tobacco,
-the cotton, in fact all the most useful produce of the colonies, could
-be shipped to England only, and could not enter an English port except
-in an English vessel. Nor could goods be imported into England from the
-continent of Europe except in English ships, or in ships belonging to
-the country which actually produced them.
-
-This monopoly, under which the colonies could trade with England alone,
-was a grievance to the colonies. They, however, had at least the
-privilege of trading with England. But to the colonial trade of Scotland
-the Navigation Act was ruinous.
-
-Other laws, hostile to the industries of Scotland, were enacted. On some
-Scottish goods duties were paid equal to, or above, their value. On
-others a duty was charged very much greater than the duty levied on the
-same articles when they came from abroad. For instance, the duty on
-Scottish salt was sixteen times that imposed on foreign salt. Linen
-imported from Scotland was now so heavily taxed that it hardly paid the
-producer to bring it into England. In Northumberland and Cumberland
-heavy customs were levied on horses which came from Scotland; and, on
-the plea that a great part of the richest pasture land in England would
-fall in value if the graziers of Scotland were allowed to find a free
-market in England, Parliament was induced to cripple one of the most
-important branches of Scottish industry by imposing a fine of two pounds
-for every head of cattle which crossed the border between the 24th of
-August and the 20th of December.[95] And there were many other
-enactments framed for the purpose of excluding Scottish merchants, whose
-operations were further embarrassed by a law under which all goods sent
-from Scotland to England must pass through either Berwick or
-Carlisle.[96]
-
-The commercial freedom which had been enjoyed during the period of the
-Commonwealth had quickened the commercial instincts of the Scottish
-people, and had given them some idea of what their country might become
-if they were permitted to extend their traffic to the colonies, those
-highly-favoured regions of the earth from which so large a portion of
-the wealth of England came. The recent Union had been attended by
-circumstances which were humiliating; but for many of these compensation
-had been found in the prosperity which the Union had brought along with
-it. The sudden change which the Restoration had produced was, therefore,
-bitterly resented; and the Scottish merchants persuaded the Estates to
-retaliate by passing a Navigation Act for Scotland, similar to the
-English Act, and by imposing heavy duties on English goods.[97] But
-retaliation could not put Scotland in the same position as England; and
-at length, after repeated complaints and demands, an Act was passed
-under which commissioners from the two countries were to meet and confer
-on the subject of a commercial treaty.[98]
-
-In January 1668 the commissioners met. The Scotsmen demanded that
-Scotland should enjoy the privilege of trading to the English colonies
-which was granted, by the Act of Navigation, to the Irish and to the
-Welsh, and that they should be allowed to bring in goods as freely as
-the English, with no other restrictions than those laid on Ireland and
-Wales. They were willing to give assurances that goods transported from
-English colonies would be brought to England, except the small
-quantities which were consumed in Scotland. A number of papers,
-containing these and other demands, were presented by the Scottish
-commissioners, and to these the English commissioners returned written
-answers.
-
-Apparently the conferences were on the point of terminating abruptly
-within less than a month; for, on the 29th of January, the Scottish
-commissioners refused to go further until the question of the Navigation
-Act was settled, and the English refused to act until the whole of the
-Scottish demands were laid before them. The Scottish commissioners gave
-in, and presented a document in which their grievances were set forth.
-The repeal of the Navigation Act was what they chiefly insisted on; but,
-in addition to this, they complained of the whole of those Acts of
-Parliament by which free trade between England and Scotland had been
-abolished, and by which excessive duties had been imposed on Scottish
-produce. "Thus," they said, "your lordships have now the full scheme of
-all that is demanded by us in this treaty. But because what we have
-given in, relating to the Act of Navigation, was the first in time, and
-is the greatest obstruction of our trade, and indeed without which our
-trade cannot be carried on, we still insist upon an answer to it in the
-first place, and then we shall be willing to proceed to treat on all the
-rest in order."[99]
-
-After a long delay the English commissioners returned their answer. They
-refused, in peremptory terms, to allow Scotland to trade with the
-colonies. The colonies, they said, were founded by Englishmen, and
-Scotsmen had no right to benefit by them. They were prepared, however,
-to permit Scotsmen to go and settle as merchants in the colonies; but
-they refused to allow Scottish ships to carry foreign produce into
-English ports. "The kingdom of Scotland," they said, "being wholly
-independent, and not subject to the Crown of England, we cannot have
-reasonable security and satisfaction that the said kingdom will keep up,
-and tie itself, to the strict observation of the restrictions and
-limitations set down in the Act of Navigation, with relation to this
-matter."
-
-They offered, nevertheless, to make some concessions, on condition that
-those Acts of the Scottish Parliament which imposed a tariff hostile to
-English trade were repealed. If that were done, Scottish ships might
-import fish into England free of duty, and also tar, hemp, flax,
-raisins, and grain of any sort, on payment of the duty levied on aliens.
-They might also import timber into England for six years; and the reason
-for this concession was frankly stated to be that since the great fire
-of London there had been a scarcity of wood for rebuilding the city.
-They also offered to give Scottish ships the right, for six years only,
-of exporting goods from England, on payment of the same customs as
-English ships paid.
-
-These terms were refused by the Scottish commissioners, who objected to
-the limitation of six years, and declared that the Scots wished to be,
-as they had been during the Union under Cromwell, in a position to
-compete, on equal terms, with the merchants of England. But the English
-commissioners would not yield; and the negotiations terminated without
-any result.
-
-It was now evident that, so long as the two countries remained separate,
-there could be no genuine commercial prosperity in Scotland. It was,
-therefore, natural that the question of Union should be again revived.
-The project was first suggested by a Scottish peer, whose advice in
-other matters, if it had been taken, would have saved the Privy Council
-of Scotland from much of the blood-guiltiness which it incurred during
-these years. John, second Earl of Tweeddale, had been sworn of the
-Council at the Restoration, but had frequently raised his voice on
-behalf of the persecuted Presbyterians; and he had often endeavoured to
-discover some means by which peace could be restored to Scotland. His
-proposal now was that the Scottish Parliament should be called together,
-and invited to consider what steps should be taken to unite the
-kingdoms. To this Charles readily agreed, for he thought that if the two
-Parliaments were merged in one, the Lords and Commons who represented
-Scotland would, as a rule, support the measures of the Court. The Duke
-of Buckingham and the Lord Keeper Bridgeman were also in favour of this
-proposal.[100]
-
-It was, indeed, the interest of all whose fortunes were bound up with
-the fortunes of the Royal Family that Scotland should be conciliated.
-The recent conferences had shown how strong the feeling of Scotland was
-on the subject of trade; and no candid-minded Englishman could deny that
-the grievances complained of by the commissioners from beyond the Tweed
-were real grievances. It was true that the more powerful nation was
-master of the field, and could, by obstinately opposing the demands of
-her weaker neighbour, debar her from the trade in which she was so
-anxious to obtain a share. But the lessons of the great Civil War had
-not been altogether forgotten at the Court; and, in the secret conclave
-of the king's advisers, there always had been, ever since the
-Restoration, an uneasy feeling that a day might come when the Crown
-would find itself opposed by the Parliament. At such a crisis much would
-depend on what was done by Scotland. It was, therefore, of importance to
-persuade the people of Scotland that, so far as the king's influence
-went, everything had been done to remove the commercial disabilities of
-which they so justly complained.
-
-Lauderdale, who at the Restoration had supported the policy of
-separation, was now eager on the side of Union. No Parliament had met in
-Scotland since 1663. It would be necessary to summon the Estates
-together if the Union was to be discussed; and Lauderdale coveted the
-office of Lord High Commissioner. A Parliament was, therefore, summoned.
-It met at Edinburgh in October 1669. Lauderdale was Commissioner. A
-letter from the king was read, in which the Union was recommended to the
-favourable consideration of the Estates; and his Majesty's servants
-proposed that an answer should at once be returned, announcing that the
-Parliament of Scotland was in favour of the Union. Some opposition was
-offered by Sir George Gordon of Haddo, then member for Aberdeenshire,
-and afterwards first Earl of Aberdeen, and by Sir George Mackenzie of
-Rosehaugh, who a few years later became Lord Advocate; but, in the end,
-a letter was despatched in which the Estates approved of the Union, and
-left it to the king to name commissioners to treat upon the subject.
-The Parliament of England took the same view; and in September 1670, the
-commissioners met in London.[101]
-
-Five questions were submitted to them: the preserving entire to both
-kingdoms of their laws, civil and ecclesiastical; the uniting of the two
-kingdoms into one monarchy; the reducing of both parliaments to one; the
-regulation of trade; and the best means of preserving the conditions of
-the Union.
-
-The subject of trade, the most important of all, was never reached; for,
-before very long, the treaty broke down on the question of the
-representation of Scotland in the Parliament of the United Kingdom. The
-Scottish commissioners proposed that all the members of the Scottish
-Estates should be members of the Parliament. To this the English
-commissioners could not agree; and the proceedings came to an abrupt
-conclusion.
-
-During these negotiations the Scotsmen had not been on very good terms
-with each other. Lauderdale and Tweeddale quarrelled; and Sir George
-Mackenzie says that the Lord Chancellor, at dinner one day, abused two
-of the commissioners, Sir Archibald Primrose, father of the first Earl
-of Rosebery, and Sir John Nisbet, then Lord Advocate, for walking on
-foot when they had a handsome allowance for expenses, and called them
-"damned lawyers." They were heard to express their resentment at this;
-whereupon Lauderdale, who bore them a grudge as supporters of Tweeddale,
-told them he would accuse them to the king of trying to frustrate the
-Union by causing bad feeling among the commissioners. "And thus," says
-Mackenzie, "in place of uniting the nations, these wise commissioners
-disunited themselves, and returned to Scotland as men from a rout."
-
-However popular an Union might have been among the Scottish merchants,
-it would have been most unpopular in England. The English merchants, who
-had exulted in the failure of the Commission on Trade, were up in arms
-against the idea of giving to Scotland the privileges which she would
-have secured by the Union; and the majority of Englishmen still hated
-and despised the very name of Scotland. This hatred and contempt of the
-neighbour country, an inheritance from the long years of international
-warfare, found vent in abusive descriptions of Scotland and the Scottish
-people, which were circulated all over the island, causing laughter in
-England and rousing bitter indignation beyond the Tweed. "The country,"
-says one writer, "is full of lakes and loughs, and they are well stocked
-with islands; so that a map thereof looks like a pillory coat
-bespattered all over with dirt and rotten eggs, some pieces of the
-shells floating here and there representing the islands." The towns of
-Scotland were briefly described as poor and populous, especially
-Edinburgh, which resembled its inhabitants in "being high and dirty." It
-was compared to a double comb, an article which Scotsmen did not often
-use, having one great street, with a number of alleys branching from it,
-which might be mistaken for common sewers.
-
-As to the Scottish women, "the meaner sort go barefoot and bareheaded,
-with two black elf-locks on either side their faces; some of them have
-scarce any clothes at all, some part of their bed-clothes pinned about
-their shoulders, and their children have nothing else on them but a
-little blanket. Those women that can purchase plaids need not bestow
-much upon other clothes, these cover-sluts being sufficient. Those of
-the best sort, that are very well habited in their modish silks, yet
-must wear a plaid over all for the credit of their country."
-
-The English language could scarcely furnish language violent enough for
-the purpose of describing the Scots: "The people are proud, arrogant,
-vain-glorious boasters, bloody, barbarous, and inhuman butchers.
-Cozenage and theft are in perfection among them, and they are perfect
-English-haters. They show their pride in exalting themselves and
-depressing their neighbours. When the palace at Edinburgh is finished
-they expect his Majesty will leave his rotten house at Whitehall, and
-live splendidly among his own countrymen, the Scots, for they say that
-Englishmen are much beholden to them that we have their king amongst
-us."[102]
-
-If, in 1670, an Union had been accomplished by the terms of which the
-people of Scotland had obtained everything which they desired with
-regard to trade, it would have been an immense blessing to the country.
-But knowing what we know of the councillors who surrounded the throne,
-and of the character of the last two princes of the house of Stuart, we
-may be perfectly certain that an attempt would have been made to unite
-the Churches. In England, the Scottish Church question was completely
-misunderstood; nay more, to most Englishmen it was unintelligible. It
-was known that there were troubles in the North; and it was vaguely
-supposed that the Government had to cope with false doctrine, heresy,
-and schism, evils for delivery from which every good Anglican was
-accustomed to pray. But few imagined that month after month, and year
-after year, the majority of the Scottish nation was being treated in a
-manner which the majority of the English nation would not have tolerated
-for a single week. Even those Englishmen who had the best means of
-knowing the truth had been totally deceived as to the number and
-determination of the Presbyterians. At the Restoration, Sharp had told
-the Government that if Episcopacy was established not more than twenty
-ministers would refuse to conform. As a matter of fact, more than three
-hundred gave up their livings. The parish churches were deserted in many
-places by the people, and meetings were held in private houses. Not only
-was this declared to be illegal, but mere nonconformity was made a
-crime; and the madness of the Scottish Privy Council may be seen from
-the fact that any landowner who failed to attend his parish church was
-fined a fourth of his rents for the year in which he was convicted;
-while for the same offence tenants and burgesses were fined a fourth of
-their personal estates. Forbidden by a law resembling the English Five
-Mile Act to live within twenty miles of their parishes, within six miles
-of a cathedral town, or within three miles of a burgh, the ejected
-ministers took to preaching in the fields. This was punished as
-sedition; and the law was administered in so cruel and relentless a
-fashion that, if the whole truth had been known in England, there can be
-little doubt that indignant remonstrances would have been addressed to
-the Government; especially when, in 1670, the Scottish Parliament passed
-an Act by which any person who, without a licence from a bishop or the
-Privy Council, preached or prayed at a field meeting, was to be put to
-death,--a savage law which was savagely executed. To the people of
-England, however, very little of all this was known.
-
-Tweeddale possibly saw, in the abolition of the Scottish Parliament, and
-in those reforms of the Privy Council which might be expected to follow
-an incorporating Union, some prospect that a wiser and more moderate
-system of government might be introduced. But the whole course of
-Scottish history during the reigns of Charles the Second and James the
-Second shows that nothing less than that sweeping removal of every trace
-of Prelacy which took place at the Revolution could have restored peace
-and order to the country. It is, therefore, well that the Union did not
-take place at a time when the statesmen in both countries, by whom the
-terms of Union would have been arranged, were pertinaciously bent on
-establishing a system of Church government which, loved and honoured
-though it was in England, was hated and despised in Scotland.
-
-FOOTNOTES:
-
-[91] A Discourse upon the Union of England and Scotland, addressed to
-King Charles II., March 19th, in the year 1664.
-
-[92] Account of his own Life, part ii. p. 50.
-
-[93] Act for the encouraging and increasing of Shipping and Navigation,
-12 Car. II. cap. 18.
-
-[94] _Memoirs of the Affairs of Scotland_, p. 25.
-
-[95] 15 Car. II. cap. 7.
-
-[96] 14 Car. II. cap. 11.
-
-[97] Scots Acts, 1661, cap. 44; 1663, cap. 13.
-
-[98] 19 and 20 Car. II. cap. 5, Act for settling Freedom and Intercourse
-of Trade between England and Scotland.
-
-[99] _The grievances of Scotland in relation to their trade with
-England, sent up to the Council_, 3 Feb. 1668. See also a paper given in
-by the Scots Commissioners for adjusting the differences of trade
-between the two kingdoms, Jan. 21, 1667 (1668), printed in Defoe, App.
-No. xiii., and in the "Report on the events and circumstances which
-produced the union of the kingdoms of England and Scotland" (App. No.
-xxxi.). This report, which was prepared for the private use of the
-Government, at the request of the Duke of Portland, in 1799, when the
-Union with Ireland was being discussed, contains most of the papers
-which passed between the Commissioners on Trade in 1668. The _Calendar
-of State Papers, Domestic_, 1667-1668, published in 1893, throws some
-light on these transactions. It appears that the coal merchants of
-Newcastle and the North of England had a grievance in the inequality of
-the export duties levied on coal in the two countries. English coal paid
-eight shillings, and Scottish coal only twenty pence. The result was
-said to be that the customs from coal had fallen in that part of the
-country, from L20,000 a year to L4000, and that English merchants were
-suffering from the importation into Scotland, in exchange for coal, of
-foreign goods which the Scots used to obtain from England. (Memorial of
-24th Feb. 1668. _Calendar_, p. 247.)
-
-[100] Burnet, i. 513. Lord Dartmouth, in a note on this passage, states
-that William the Third told Lord Jersey that it was a standing maxim in
-the Stuart family, "Whatever advances they pretended to make towards
-it," never to allow a union. Their reason, he said, was that it could
-not take place without admitting Scotsmen to both Houses of Parliament,
-who must depend for a living on the Crown. He further asserts that King
-William said he hoped it would never take place during his reign, for
-"he had not the good fortune to know what would satisfy a Scotsman."
-
-[101] Defoe, p. 21; Mackenzie's _Memoirs_, p. 197.
-
-[102] "_A modern account of Scotland, being an exact description of the
-country, and a true character of the people and their manners. Written
-from thence by an English gentleman._" Printed in the year 1670
-(_Harleian Miscellany_, vi. 135). "_Scotland characterized: In a letter
-written to a young gentleman, to dissuade him from an intended journey
-thither_" (_Harleian Miscellany_, vii. 377). "_The False Brother, or A
-New Map of Scotland, drawn by an English Pencil, London, 1651._"
-
-
-
-
-CHAPTER V
-
-THE REVOLUTION SETTLEMENT
-
-
-After the failure of the treaty of 1670, eighteen years, eventful in the
-history of both kingdoms, passed; and at the Revolution the question of
-the Union was again discussed.
-
-In the letter which William addressed to the Scottish Estates in March
-1689, he said that he was glad to find that many peers and gentlemen of
-Scotland, whom he had consulted in London, were "so much inclined to a
-union of both kingdoms, that they did look upon it as one of the best
-means for procuring the happiness of these nations, and settling of a
-lasting peace among them." He himself was of the same opinion, and was
-resolved to do everything in his power to bring it about.
-
-Among the members of the Estates there was a strong party in favour of
-delaying the settlement of the Crown until the Union had been
-accomplished, on the ground that terms favourable to Scotland would be
-more easily obtained when the affairs of England were in a critical and
-unsettled condition. Among those who took this view was Sir John
-Dalrymple, who afterwards, as first Earl of Stair, was to play a
-prominent part in the final settlement of the question. The fact,
-however, that this view was supported by some astute members of the
-Jacobite party, who saw in it a means of causing delay, induced a
-majority of the Estates to resolve that the settlement of the Crown
-should come first.
-
-William had instructed Melville, and his other representatives in
-Scotland, that nothing was to interfere with the settlement of the
-Government. That was to be their first concern. If the Estates were in
-earnest for the Union, care was to be taken that it was not made an
-excuse for delay. If the Union was insisted on, then an attempt must be
-made to obtain from the Estates an offer of terms such as the English
-Parliament was likely to accept at once, without entering upon a treaty.
-He indicated his own view to be that the laws and customs of Scotland
-should be preserved intact, while questions relating to the public
-safety, and also the proportion of Scottish members in the united
-Parliament, should be referred to himself.[103]
-
-Although William thus anticipated a discussion on the Union, he was
-determined that nothing should prevent or delay the immediate settlement
-of the Government. The resolution of the Estates was, therefore, in
-accordance with his wishes. But as soon as the memorable declaration
-that James had forfeited his right to the Crown had been adopted, along
-with the offer of the vacant throne to William and Mary, the Estates
-lost no time in taking up the question of Union; and an Act was passed
-appointing commissioners "to meet with such persons as shall be nominate
-commissioners by the Parliament of England, and to treat concerning the
-Union of the two kingdoms." This Act became law on the 23rd of April,
-and on the following day a letter to the king was approved, in which the
-Estates informed his Majesty that certain of their number would wait
-upon him with the offer of the Crown, and would present to him a Claim
-of Rights, and a list of grievances for which they asked redress. At the
-same time they expressed the hope that the Union would be speedily
-accomplished, "that as both kingdoms are united in one head and
-sovereign, so they may become one body politic, one nation, to be
-represented in one Parliament."
-
-The Scottish Estates had proposed the Union. But at Westminster nothing
-could be done to further their wishes. William alluded to the question
-in his speech from the throne in March 1690. "I must," he said,
-"recommend, also, to your consideration a Union with Scotland. I do not
-mean that it should now be entered upon; but they having proposed this
-to me, some time since, and the Parliament there having nominated
-commissioners for that purpose, I should be glad that commissioners
-might also be nominated here, to treat with them, and so see if such
-terms could be agreed on, as might be for the benefit of both nations,
-so as to be presented to you in some future session."[104] Nothing more,
-however, was heard of the Union at that time. It was evident that the
-affairs of both kingdoms were in such a state that it was hopeless to
-press forward so delicate a piece of business. In England, important
-questions which could not be delayed awaited decision; and in Parliament
-party feeling was running high, not only between the Tories and the
-Whigs, but also between the Lords and the Commons. In Scotland, the
-factions which contended for the mastery would only have found in the
-Union another question about which to wrangle. The keen eyes of William
-had perceived the necessity of the Union, but the time had not yet
-come.
-
-Although the project of an Union was abandoned, the statutes relating to
-the Church passed by the Scottish Parliament at this time, constituting
-what is known as the Revolution Settlement, had a most important bearing
-on the final accomplishment of the Union. Prelacy was abolished, and
-Presbytery was re-established. Most of the ministers who had been
-ejected at the Restoration were now dead, but sixty veterans still
-survived, and they were restored to their livings. The Act which
-asserted the royal supremacy in ecclesiastical causes was repealed. The
-Westminster Confession of Faith was declared to be the national creed.
-The Law of Patronage was reformed by an Act which gave the Protestant
-landowners in counties, and the town councils in burghs, power to buy
-the patronage of livings, for a small sum; and the right of choosing the
-minister was handed over to the landowners and the elders, against whose
-choice the congregation might appeal to the Presbytery.[105]
-
-The statutes which introduced these reforms were accepted by an
-overwhelming majority of the Scottish people. In 1707 they were embodied
-in the Act of Union; and it is certain that if, while the terms of the
-great international contract were being arranged, any serious attempt
-had been made to alter them, the Union would never have been
-accomplished.
-
-It is, indeed, hardly possible to overestimate the importance of the
-Church question during the Union controversy. It is certain that if the
-Church of the majority had not been established in Scotland at the
-Revolution, another civil war would have been the result. The
-Presbyterian clergy were Whigs, almost to a man, and their influence in
-the country was enormous. The views held by the extreme branch of the
-Church did not affect, to any great extent, the course of events in
-Scotland. These were the men who, under their various designations of
-Cameronians, or Hill men, or Society men, still clung tenaciously to the
-old Covenanting ideas in their most uncompromising form. They could
-hardly bring themselves to submit to the existing Government. The old
-formula of a "Covenanted King" of the Stuart dynasty was still full of
-meaning to them; and long afterwards, during the reign of Anne, the
-Jacobites tried to make use of them for the purpose of defeating the
-Union. They were, however, Whigs, and would never, under any
-circumstances, have acquiesced in the overthrow of the Presbyterian
-system. The great danger to the cause of the Union and the Hanoverian
-succession lay in the sentiments of the Episcopalians. Every Episcopal
-clergyman in Scotland, with scarcely an exception, was a Tory and a
-Jacobite. On the eve of the Revolution, when the bishops of England were
-opposing, with dignified firmness, the arbitrary pretensions of the
-king, the Scottish bishops had addressed him in terms of the most
-servile eulogy. They assured him that they regarded a steadfast
-allegiance to the throne as an essential part of their religion. They
-declared that the line of Stuart was the greatest glory of Scotland.
-They spoke of James himself as the darling of heaven, and described the
-amazement and horror with which they had heard the rumours of an
-invasion from Holland.[106] It is not wonderful that the Presbyterians,
-when they obtained the ascendency, should have excluded from power the
-authors of this address. Nor is it wonderful that, in those parts of
-the country where the persecutors had been at work, the peasantry should
-have subjected the obnoxious clergymen to every species of indignity.
-For more than a quarter of a century their oppressors had appealed to
-the law to justify their misdeeds, and it was natural that, when the
-hour of deliverance came, the oppressed should take the law into their
-own hands. Locked out of their churches and expelled from their houses,
-with their gowns torn from their backs, the Episcopal clergy in Scotland
-learned how precarious is the situation of a priesthood which is
-protected by the law, but has no place in the affections of the people.
-
-The Church affairs of Scotland were not settled in accordance with the
-desires of William. It was no secret that he wished to secure complete
-toleration for all dissenters. He was anxious to avoid all measures
-which could interfere with the projected Union of the Kingdoms; and it
-is probable that his hope was that some plan might be devised for
-establishing the same system of Church government throughout the whole
-island. When he received from the Government in Scotland the draft of
-the Act which it was proposed to pass for the establishment of
-Presbytery, he made a number of amendments which had a double purpose;
-to remove expressions which might raise doubts in England with regard to
-the Union, and to conciliate the Episcopalians in Scotland. For
-instance, it was stated in the draft that the Reformation in Scotland
-had been the work of Presbyters "without Prelacy." This statement he
-deleted. In the draft, Presbytery was described as "the only government
-of Christ's Church in this kingdom." William was of opinion that a
-better expression would be "the government of the Church in this kingdom
-established by law." The rest of his suggestions were of a similar
-character. Everything in the shape of an assertion that Presbytery was a
-better system than Episcopacy was carefully avoided, and the only reason
-given for establishing the former was, that it was more in accordance
-with the wishes of the Scottish people. At the same time he explained
-that it was his desire "that those who do not own and yield submission
-to the present Church government in Scotland shall have the like
-indulgence that the Presbyterians have in England."
-
-The Act was submitted to the Estates, and became law on the 7th of June
-1690. It declared Presbytery to be "the only government of Christ's
-Church within this kingdom"; it condoned the action of the peasantry in
-expelling the Episcopal clergy by force; and it placed the government of
-the Church in the hands of the sixty ministers who had been replaced in
-the livings from which they had been ejected at the Restoration. Yet the
-Government acted on tolerant principles. All Episcopal clergymen who
-took the oaths were left in peaceable possession of their churches,
-without being called on to submit to the Presbyterian Church courts; and
-some even of those who refused to take the oaths, and who prayed
-publicly for the late king and his family, continued to enjoy their
-livings without molestation.[107] After a few years, when it was seen
-that the Jacobites were quite irreconcilable, an Act was passed which
-provided that no one could hold a benefice without taking the oath of
-allegiance, signing the assurance, which was a declaration that William
-and Mary were the only lawful sovereigns of the realm, signing the
-Westminster Confession of Faith, and submitting to the Presbyterian
-system of Church government. Yet so lenient was the spirit of the Whigs
-that, instead of vigorously enforcing this law, they superseded it, to a
-great extent, by another and milder Act, under which taking the oaths to
-Government became the only qualification required from any Episcopal
-preacher in Scotland.
-
-At the Revolution, and in consequence of the position in which the
-Episcopal clergy found themselves, it became the fixed policy of the
-Jacobites to call the attention of Englishmen to what was going on in
-the North; and during the reign of William there issued from the press a
-series of pamphlets, the purpose of which was to create a feeling
-against the Presbyterians so strong that, if a favourable opportunity
-should occur, the Scottish Establishment might be attacked and
-overthrown. The first to take the field were "two persons of quality."
-Sir George Mackenzie, the late Lord Advocate, and Lord Tarbat,
-afterwards the first Earl of Cromartie, went to London at the crisis of
-the Revolution, and published a pamphlet, the purpose of which was to
-persuade the Prince of Orange that the principles of the Presbyterians
-were not only inconsistent with monarchy, but even destructive of all
-human society.[108] This production did not attract much notice; but a
-great effect was produced by a more elaborate piece of work, to which
-Mackenzie devoted the last months of his life. This was a vindication of
-the system of government pursued in Scotland during the reign of Charles
-the Second.[109] It was, in a measure, a vindication of his own life,
-for few of the rulers of Scotland had taken a more important part in the
-questionable transactions of that reign. When his public career was
-ended by the Revolution, he had retired to Oxford, where Whigs and
-Tories alike were amused and instructed by his conversation, in which
-he did not fail to present the worst features of Presbytery.[110] The
-_Vindication_, the greater part of which was probably written at Oxford,
-was a serious attempt to show that the Executive Government in Scotland
-had not been guilty of oppression and cruelty, that no one had suffered
-on account of his religion, that the Presbyterians were merely rebels,
-and that the laws which had been made against them were not only
-necessary, but had never been harshly administered. He did not live to
-publish this pamphlet himself, but after his death it was printed by Dr.
-Alexander Monro, who had lately been deprived of the place of Principal
-of the University of Edinburgh. Coming from the pen of a well-known
-member of the late Government, who had, for a number of years, been the
-first law officer of the Crown in the country about which he was
-writing, the _Vindication_ had great weight in England.
-
-Monro also published a tract of his own, defending himself against
-charges made by the commissioners who had been appointed to visit the
-Scottish universities, and "purge" them of all professors who would not
-swear allegiance to William and Mary.[111] The effect of this work, and
-others upon the same subject, was to raise a feeling of contempt for the
-state of learning in Scotland, and to cause Englishmen to believe that,
-under the Presbyterian system, literature and science were doomed. Other
-pamphlets were published giving an account of the proceedings in the
-General Assembly and in the Parliament connected with the establishment
-of the Church.[112] These, certainly, contain materials of great
-historical value; but they do not even pretend to be impartial, and were
-written to excite sympathy with the ejected Episcopal ministers and
-dislike to their successors.
-
-The author of one of these pamphlets, the Rev. John Sage, wrote also an
-elaborate treatise on the history and nature of Presbytery, in which he
-maintained that the article in the Claim of Rights which declared that
-Prelacy was a grievance, and contrary to the inclinations of the
-Scottish people, was utterly without foundation.[113] The Presbyterians,
-he asserted, had, in pursuance of a carefully-arranged plan, encouraged
-the rabble to eject the Episcopal ministers, and had managed, during the
-confusion of the times, to secure a majority in the Estates, which did
-not represent the wishes of the country. It was obvious that if this
-could be proved to the satisfaction of the Whigs of England, they would,
-in any treaty of Union, consider seriously whether the religious
-Establishment of Scotland should not be brought into conformity with
-that of England. If a majority of the people desired Presbytery, the
-Whigs, on principle, were bound to support Presbytery. But if neither
-the mob nor the Parliament represented the wishes of the people; if the
-real desire of the nation could only be discovered by private
-consultations with the Tory and Jacobite laity, or gathered from the
-writings of the Episcopal clergy; if the majority of the Parliament
-represented the minority of the nation, then it was the duty of the
-Whigs to support Episcopacy.
-
-But the pamphlets which were most widely read in England were those
-which held up the Presbyterians to execration as persecutors, and to
-ridicule as fanatics. Monro and his friends took great pains to collect
-accounts of the hardships which the Episcopal clergy had suffered at the
-hands of the mob, and published them for the purpose of influencing
-public opinion in England.[114] The clergy were described as "a company
-of resolute Christians that dare lay down their lives for the truth of
-those doctrines which they have formerly taught." In point of fact, none
-of them were called upon to lay down their lives. One of the worst cases
-of "rabbling," which the Episcopalians described as a "tragedy," took
-place at Kirkpatrick in Annandale. On Easter day a party of men and
-women went to the clergyman's house in the morning, knocked him down,
-and then threw him into "a nasty puddle." His wife, who ran out of the
-house, was also thrown down. "Then their noble Captain at this
-honourable expedition gave the word of command to his female janizaries,
-which was _Strip the Curate_ (for they think this a most disgraceful
-appellation, and therefore they apply it to all Episcopal ministers).
-The order was no sooner given, than these Amazons prepared to put it in
-execution, for throwing away their plaids (_i.e._ loose upper garments)
-each of them drew from her girdle a great sharp-pointed dagger,
-prepared, it seems, for a thorough reformation. The good minister lying
-panting and prostrate on the ground, had first his night-gown torn and
-cut off him, his close coat, waistcoat, and britches ript open with
-their knives, nay, their modesty could not so far prevail against their
-zeal, as to spare his shirt and drawers, but all were cut in pieces and
-sacrificed to a broken Covenant. The forementioned Captain gave the
-finishing stroke himself with a great Reforming Club, the blow was
-designed for the minister's head or breast, but he naturally throwing
-up his hands to save those vital parts, occasioned it to fall upon his
-shin-bones, which he had drawn up to cover his Nakedness; the blow was
-such as greatly bruised his legs, and made them swell extraordinarily
-after; however the Captain thinking they were broke, and finding it
-uneasie for himself and his companions to stand longer in a great storm
-of wind and snow which happened to fall out that morning, he drew off
-his company, and left the Semi-Martyr, who afterwards, by the assistance
-of his servants, crawled home to his bed, and but a little after, the
-whole herd of his persecutors broke in again upon him, and told him:
-they had treated him so because he prayed for the Tyrant York (so these
-people ordinarily called King _James_, tho' he was too kind to them),
-and because he had presumed to preach and visit the parishioners as if
-he had been their minister, which they had formerly forbidden him to do;
-they required him also to be gone from their Covenanted Lands, under
-pain of death, before that day Sevennight, and never again to meddle
-with the ministry."[115]
-
-Such stories--and this is only one of many which were printed and
-circulated--could not fail to produce anger and alarm in England; and
-the conduct of the Presbyterian ministers was, at the same time,
-represented in the most unfavourable light. Not one of them, it was
-said, had ever been heard to condemn these outrages from the pulpit. On
-the contrary, sermons had been preached in which the mob had been
-applauded for their zeal. In the cathedral church of Saint Giles at
-Edinburgh the congregation had been told that "such shakings as these
-were the shakings of God, and without such shakings his Church was not
-in use to be settled."
-
-But the sayings and the character of the ministers of the Church of
-Scotland were assailed in the most effective way by those writers who
-relied upon ridicule rather than serious invective. Londoners who
-remembered laughing over Hudibras in the heyday of the Restoration must
-have found the Scotch Presbyterian Eloquence very poor reading. But it
-was admirably suited for the purpose of persuading Englishmen that the
-sermons and prayers of the Scottish ministers were nonsensical
-rhapsodies, and that, in many cases, both the preachers and their
-hearers were hypocrites who led the most immoral lives. That part of the
-work which attacked the private characters of the Presbyterian ministers
-was met by a series of accusations of the same kind against the
-Episcopalians; and it is difficult to say whether the attack or the
-defence is more discreditable. Both are probably, on the whole, equally
-mendacious.[116] But the most telling part of the work consisted of
-selections from grotesque sermons and prayers. "Sirs," one minister is
-reported to have said in his first sermon, "I am coming home to be your
-shepherd, and you must be my sheep, and the Bible will be my tar-bottle,
-for I will mark you with it; (and laying his hand on the clerk or
-precentor's head) he saith, 'Andrew, you shall be my dog.' 'The sorrow a
-bit of your dog will I be,' said Andrew. 'O Andrew, I speak mystically,'
-said the preacher. 'Yea, but you speak mischievously,' said Andrew."
-Another minister, preaching on the first chapter of the Book of Job, is
-represented as saying, "Sirs, I will tell you this story very plainly.
-The Devil comes to God one day. God said, 'What now, Deel, thou foul
-thief, whither are you going?' 'I am going up and down now, Lord, you
-have put me away from you now, I must even do for myself now.' 'Well,
-well, Deel (says God) all the world kens that it is your fault; but do
-not you know that I have an honest servant they call Job? Is not he an
-honest man, Deel?' 'Sorrow to his thank,' says the Deel; 'you make his
-cup stand full even, you make his pot play well, but give him a cuff,
-I'll hazard he'll be as ill as I am called.' 'Go, Deel,' says God, 'I'll
-yoke his honesty with you. Fell his cows, worry his sheep, do all the
-mischief ye can, but for the very soul of you, touch not a hair of his
-tail.'"
-
-The specimens of prayers are equally absurd. "O Lord," one divine says,
-"thou'rt like a mousie peeping out at the hole of a wall, for thou sees
-us, but we see not thee." Another prayed as follows: "Good Lord, what
-have ye been doing all this time? What good have ye done to your poor
-Kirk in Scotland?... O, how often have we put our shoulders to Christ's
-cause, when his own back was at the wall; to be free with you, Lord, we
-have done many things for thee that never entered in thy noddle, and yet
-we are content that thou take all the glory; is not that fair and kind?"
-
-The small quarto from which these extracts are taken was only one,
-though it was the most popular, of a series of similar lampoons. The
-most offensive of these, a comedy written without the wit, but with all
-the licentiousness of Wycherley, was not printed for many years; but it
-may now be read by anyone who wishes fully to understand into what
-depths of malice and profanity some men were driven by the party spirit
-of those days.[117]
-
-The public opinion of England on the ecclesiastical affairs of Scotland
-was, to a great extent, formed by these publications. They increased the
-hostility with which the High Church party regarded the establishment of
-Presbytery. The accounts of the outrages committed on the ejected clergy
-caused a widespread feeling of sympathy with them among all classes of
-Englishmen; and the effect which they produced was not only evident
-during the discussions on the Union, but afterwards led Parliament to
-pass measures which were most unpopular in Scotland, which endangered
-the stability of the Union before it had lasted more than a few years,
-and which have been the occasion of endless troubles, misunderstandings,
-and secessions among the Presbyterians.
-
-The Church question, however, was settled for a time; and the people of
-Scotland, whose whole energies had for so long been absorbed in the
-struggle against religious tyranny, were now ready to advance on the
-path of secular progress. But the commercial policy of England remained
-unaltered. The least hint that the Navigation Act ought to be repealed
-raised an outcry among the merchants of London. The proposals for an
-Union, made by the Estates, had not been listened to. Therefore
-Scotland, it appeared, must submit to remain poor, while England became
-wealthier and wealthier.
-
-But now the self-reliant spirit of the Scottish people rose. If they
-could not share in the trade of England, they would establish a trade of
-their own. If they were not to be the partners of England, they would be
-her rivals. There can be no doubt that the schemes of the Scottish
-Company Trading to Africa and the Indies, on which the hopes of the
-country were placed, were rash and visionary. Scotland, it is true, was
-an independent country, with a Parliament of its own, with its own
-church, laws, coinage, and taxation, united to England by nothing except
-the Crown; and the powers which the Scottish Parliament gave to the
-Company brought this fact prominently into view, for the Company was to
-have the right of arming ships of war, building cities, making harbours
-and fortresses, waging war, and concluding alliances. But these very
-powers, which impressed on Scotsmen the fact that their country was
-independent, could not fail to rouse the alarm of Englishmen, and
-particularly of English traders. The royal assent had, indeed, been
-given to the statute by which the Company was created.[118] But the
-merchants of England were so alarmed, so jealous, so persuaded that
-their own trade was endangered, that we cannot be surprised that
-William, whose position depended entirely on the goodwill of England,
-acted as he did; especially when, at a time when he was deeply involved
-in continental politics, the Company, by sending the expedition to
-Darien, so seriously imperilled his relations with Spain.
-
-The sum of money which was actually lost by Scotland seems small in our
-day. The amount appears to have been about two hundred and twenty
-thousand pounds; but the Scotland of the seventeenth century was far
-less able to bear the loss of this sum, than the France of the
-nineteenth century was to bear the loss of all the millions which she,
-like her ancient ally, threw away upon the shores of the Gulf of Darien.
-And rich as England was, in comparison with Scotland, her condition at
-this time was not so prosperous as to make her liberal in dealing with
-other nations. War had brought increased taxation; and our enormous
-national debt, then beginning to accumulate, was a source of constant
-alarm. In the country districts farmers were suffering from a long
-period of agricultural depression, and rents were seldom paid in full.
-In the towns work was scarce, and the price of bread was rising. The
-carrying trade languished in spite of the monopoly which English
-shipping enjoyed under the Navigation Act, and the resistance to
-granting Scotland what she chiefly demanded, a share in the colonial
-trade, was increased by complaints which reached this country from
-across the seas. The Scottish shipowners, it was said, were landing
-goods in America, and underselling the English merchants; and to such an
-extent was this done, that Government was called upon to send out
-men-of-war to stop this illegal traffic.
-
-And so once more England and Scotland were at variance. The Lords and
-the Commons forgot their quarrels, and combined to address the king
-against the Scottish Company. William's reply was that he would
-endeavour to find some means of escape from the difficulty which had
-arisen. That no such difficulty could have arisen if there had not been
-two Parliaments was perfectly clear. The statute under which the
-Scottish colonists sailed to Darien had received the royal assent, in
-the Parliament House at Edinburgh, at a time when the king was on the
-Continent. It was possible that other measures of equal importance to
-England might become law in the same way; and the subject of the Union
-again begins to appear in the correspondence of the day.
-
-"You may remember," Marchmont writes, "your Lordship was speaking a
-little to me about an Union of the two Kingdoms. I have thought much
-upon it, and I am of opinion that the generations to come of Scotsmen
-will bless them and their posterity, who can have a good hand in
-it."[119] Two months later he addresses another correspondent on the
-same subject. "I am confident," he says, giving his view of Scottish
-opinion at this time, "if such a thing came to be treated in terms any
-ways tolerable, it would find a ready concurrence of the far greater
-part of people of all ranks of this nation."[120] In January 1700,
-Vernon, writing to Lord Shrewsbury, says: "My Lord Privy Seal[121] can
-no sooner hear the word Union named, but he runs blindfold into it, and
-said all he could think of, for pressing it. My Lord Halifax opposed it;
-and said they should run any risk rather than be bullied by the Scots'
-menaces."[122]
-
-The contempt for Scotland which Halifax had expressed was common. In
-another letter Vernon describes how Sir Edward Seymour, in his place in
-Parliament, said that the Union reminded him of the story about a
-countryman who was asked to marry a poor wife, and gave as a reason for
-refusing, "that if he married a beggar, he should have a louse for a
-portion." Vernon adds, "this the Scotch have heard, and are very angry
-at it."[123]
-
-The king lost no time in declaring his own opinion. In a speech to the
-Lords he reminded them of the Union, which he had recommended soon
-after his accession, and again pressed it upon the consideration of
-Parliament, as the only means by which a constant succession of quarrels
-between the two countries could be avoided.[124] The Lords at once took
-his advice, and passed a Bill for appointing commissioners to treat upon
-the subject of the Union, which they sent to the Commons with the
-statement that it was a Bill of great consequence.
-
-At this time there was a great feeling of jealousy between the two
-Houses of Parliament, and the Commons, resenting the action of the Upper
-House in calling special attention to this Bill, seized the opportunity
-of picking a quarrel, and appointed a Committee to report whether there
-were any precedents for specially recommending Bills. The Committee
-reported that there were several precedents. Bills had been sent with
-such recommendations, both from the Lords to the Commons, and from the
-Commons to the Lords. Nevertheless the Commons rejected the Union Bill
-upon the second reading.[125]
-
-During the summer of 1700 Scotland was in a state of dangerous
-excitement. "The Scotch look," Vernon writes, "as if they were ready for
-any mischief, and that nothing will please them but setting up for
-themselves." For the last five years the crops had failed. Thousands had
-perished from famine. Thousands more had been driven to emigrate. The
-treasury was exhausted. On the balance of trade there was an annual
-loss. The Bank of Scotland, established in 1695, found that the whole
-business of the country could be conducted on a capital of thirty
-thousand pounds; and so limited was the trade, that neither Glasgow,
-Dundee, nor Aberdeen could support a branch of the bank.[126] So
-frightful was the state of things that Fletcher of Saltoun, whose whole
-mind and soul were given up to an intense love for Scotland, thought
-that no foundation could be laid for better times except by reducing a
-great part of the population to slavery.
-
-The Estates had not met for two years. An address calling upon the king
-to assemble a new Parliament was sent up to London; and it was openly
-said, that if he refused, a national convention would meet, and meet
-moreover at Perth, where the members would have "Athol and a part of the
-Highlands at their backs." The staunch Whigs of the Lowlands laughed in
-public at the idea of a rebellion; but they were well aware that society
-in Scotland was deeply tainted with that Jacobite feeling which
-afterwards gave so much trouble. It appears, from a letter written by
-Melville to Carstares, that attempts had been made to tamper even with
-persons who were known and avowed Whigs. The Duke of Hamilton, "upon his
-lady's birthday," was entertaining a party of his friends, among whom
-were Queensberry, Argyll, and Leven. After dinner he began to speak in a
-very confidential manner to Leven, telling him "that he loved him," that
-he would do all he could to save him, and that he "would obtain a pardon
-for him." Leven asked him what he meant, saying that he had done nothing
-to require a pardon from King William, and as for King James, he would
-not accept one from him. Hamilton saw he had gone too far, and explained
-away what he had said. "It is true," says Melville, "the duke was very
-drunk; but _post vinum veritas_."[127]
-
-It was plain that the Estates must meet; for not only was the national
-outcry too loud to be ignored, but, the treasury being empty, supplies
-must be voted, or the Government could no longer be carried on. But the
-misery and discontent was so universal, that William could not face a
-general election. The majority of the old Revolution Parliament,
-however, were still sound Whigs; and it was resolved to summon it once
-more. The Government did not rely solely on the help of their own
-supporters, but made a carefully-planned assault on the votes of the
-Opposition members. The officers of State themselves undertook the
-business. Each agreed to canvass a certain number of members. Sometimes
-they set the parish ministers to work; and in other cases the good
-offices of a member's wife were secured. And there is no doubt that
-besides mere solicitation and appeals to interested motives, there was
-direct bribery. The result of these transactions was that when the
-Parliament met, in October 1700, the Government had a majority.[128]
-
-[Illustration: JAMES DOUGLAS, 4TH DUKE OF HAMILTON.]
-
-Queensberry, who was Lord High Commissioner, had been instructed to ask
-for supplies for eight months, but to take less if they were refused. If
-the supplies were voted, he was authorised to give the royal assent to a
-subsidy in aid of any branch of Scottish trade which was consistent with
-the treaty obligations of the Crown; but if the Parliament wished to
-vote money for the African and Indian Company, it must be applied only
-to making good the losses which had been sustained at Darien. If an Act
-was passed confirming the privileges of the Darien colony, the royal
-assent was to be at once refused.[129]
-
-The Opposition, led by Hamilton, desired to pass an Act asserting the
-right of Scotland to the settlement at Darien, which was the favourite
-scheme of the country, and which the Estates had lately been told from
-the pulpit was "that great, laudable, and glorious design and
-undertaking of the nation, for the advancement of foreign trade, which
-if it be altogether crushed, Scotland is never like to enjoy such a fair
-opportunity again, for promoting her outward wealth and welfare."[130]
-The Government, on the other hand, moved an address to the king praying
-him to vindicate the honour of Scotland, and to extend his protection to
-the Company.
-
-There was a long and fierce debate. Some of those on whom the ministers
-had relied followed Hamilton, and others declined to vote. But the
-Government had a majority of twenty-four; and the session ended quietly
-on the 1st of February 1701.
-
-In Scotland the losses at Darien had brought to a climax the
-long-standing feud on the subject of commerce. The discontent and
-annoyance which had been growing ever since the Navigation Act was
-passed, had now developed into a most violent exasperation against
-England and every thing that was English. Yet the temperament of the
-Scottish people was such that these feelings did not lead them into
-plots against the English Government. They seem to have felt at once
-that the greater the obstacles which the jealousy of their neighbour
-might put in their way, the greater was the need for energy and
-self-help on their own part. Instead of sinking into apathy and
-indolence, or allowing their hatred of England to drive them into
-violence, they became more active than ever in forming plans for
-bringing solid material prosperity to their country. The air was full of
-projects; and soon these projects took a definite shape. All Scotland
-was to became one great trading company. The subscribers to the African
-Company were to be repaid in full. A sum of money greater than that
-which had been lost was to be raised within two years. In spite of
-English opposition, colonies were to be founded by Scotsmen. At home
-manufactories were to be established all over the country. The fisheries
-of Scotland were to be pursued "to greater profit in all the markets of
-Europe than any other fishing company in Christendom can do." Employment
-was to be found for the poor, "so that in two years time there shall
-not be one beggar seen in all the kingdom."
-
-It was in the midst of this patriotic ferment that Hamilton, Tweeddale,
-Rothes, Roxburghe, and Andrew Fletcher of Saltoun formed that
-independent or national party which, calling itself the Country Party,
-was destined, during the next few years, to pursue a course which
-ultimately forced England into uniting with Scotland. This party had its
-origin in the assertion of the right of Scotland to free trade at home
-and abroad; and the keynote of its policy was that Scotland should
-refuse to settle the succession to the Scottish Crown until her
-grievances were redressed. But with the death of William and the
-accession of Anne, Scottish politics entered upon a new phase; and here
-the early history of the Union question naturally ends.
-
-[Illustration: ANDREW FLETCHER OF SALTOUN.]
-
-In the first year of Queen Anne, commissioners were appointed to treat
-for an Union. They met at Westminster in October 1702, and agreed
-that the two countries should become one monarchy, with one
-Parliament, and a system of internal free trade. The English consented,
-though reluctantly, to allow the Scots to trade with the colonies; but
-on the subject of the Company of Scotland Trading to Africa and the
-Indies no agreement was found to be possible. The English commissioners
-maintained that the privileges of the Scottish Company interfered with
-the interests of the East India Company: "Two companies existing
-together in the same kingdom, and carrying on the same traffic, are
-destructive to trade." To this the Scottish commissioners replied by a
-claim for compensation, if the Scottish Company, whose losses in the
-Darien expedition had been so disastrous, was abolished. "If," they
-said, "the existing of companies for carrying on the same traffic, do
-appear to your Lordships destructive of trade; it is not expected that
-your Lordships will insist, that, therefore, the privileges of the
-_Scots_ Company should be abandoned, without offering at the same time
-to purchase their right at the public expense." This brought matters to
-a deadlock; the commissioners separated; and the negotiations were
-ultimately abandoned.
-
-Defoe describes these proceedings as a "Sham Treaty," and, in his
-opinion, religion was the real, though secret, difficulty. "The
-jealousies," he says, "on both sides about Church affairs, in respect to
-the Union, were ground of such difficulties as no Body could surmount,
-and lay as a Secret Mine, with which that Party who designed to keep the
-nation divided, were sure to blow it up at last, and therefore knew that
-all they did till that Point was discust signified nothing, and that
-whenever they pleased to put an end to it, they had an immediate
-opportunity."
-
-But even if the commissioners had come to terms on the questions of the
-Scottish Trading Company and of the Church, there can be no doubt that
-the Scottish Estates would not have ratified the treaty; for, as the
-proceedings of the first Parliament of Queen Anne proved, Scotland was
-now so exasperated against England that nearly five years of turmoil and
-danger were to pass away before the statesmen of the two countries,
-brought face to face with something more than the possibility of civil
-war, at last succeeded in carrying the Union of 1707, in the terms of
-which, apart from the loss of the right of complete self-government
-through their own Parliament, the advantages lay, upon the whole, with
-the Scottish people.
-
-                              THE END.
-
-
-FOOTNOTES:
-
-[103] Leven and Melville Papers (Bannatyne Club), 7th March 1689.
-
-[104] Lords Journals, 21st March 1690.
-
-[105] Act concerning Patronages, 19th July 1690.
-
-[106] Address of the Scottish Bishops to James II., 3rd Nov. 1688.
-
-[107] It would appear from a memorandum among the Rawlinson MSS. in the
-Bodleian Library that several English bishops, some of the Scottish
-peers, and some members of the Scottish Whig party, had held a private
-conference and agreed that the Jacobite clergy should be unmolested. The
-English bishops represented the case of the Scottish Episcopal clergy to
-William about the same time. But it was doubtless felt that any attempt
-to pass an Act of Toleration through the Scottish Parliament would fail.
-(Rawlinson MSS. c. 985.)
-
-[108] _A Memorial for his Highness the Prince of Orange_, by two persons
-of quality. London, 1689.
-
-[109] _A Vindication of the Government in Scotland during the reign of
-King Charles II._, by Sir George Mackenzie, late Lord Advocate there.
-London, 1691.
-
-[110] Evelyn's _Diary_, 7th March 1690.
-
-[111] _Presbyterian Inquisition: as it was lately practised against the
-Professors of the College of Edinburgh, August and September 1690._
-London, 1691.
-
-[112] _An Historical Relation of the late Presbyterian General
-Assembly_, London, 1691; _An Account of the late Establishment of
-Presbyterian Government by the Parliament of Scotland_, London, 1693.
-
-[113] _The Fundamental Charter of Presbytery, examined and disproved_,
-London, 1695.
-
-[114] _An Account of the Present Persecution of the Church in Scotland,
-in several Letters_, London, 1690; _The Case of the Present Afflicted
-Clergy in Scotland_, By a Lover of the Church and his Country, London,
-1690.
-
-[115] _Case of the Afflicted Clergy_, Second Collection of Papers, p.
-60.
-
-[116] _The Scotch Presbyterian Eloquence; or The Foolishness of their
-Teaching discovered_, London, 1692; _An Answer to the Scotch
-Presbyterian Eloquence_, 1693; _Some remarks upon a late pamphlet
-entitled "Answer to the Scotch Presbyterian Eloquence,"_ London, 1694. A
-second edition of _The Scotch Presbyterian Eloquence_ was published in
-1694, a third in 1719, and there have been other editions since.
-
-[117] _The Assembly, or Scotch Reformation; a Comedy._ Done from the
-original manuscript, written in the year 1690, by Archibald Pitcairn,
-M.D. Edinburgh, 1817.
-
-[118] Act for a Company Trading to Africa and the Indies, 26th June
-1695.
-
-[119] Marchmont to Seafield, 7th October 1699, _Marchmont Papers_, iii.
-178.
-
-[120] To Pringle, 23rd December 1699, _Marchmont Papers_, iii. 199.
-
-[121] John, first Viscount Lonsdale.
-
-[122] 11th January 1700, _Vernon Letters_, ii. 404.
-
-[123] _Vernon Letters_, ii. 408.
-
-[124] Lords Journals, 12th February 1700.
-
-[125] Commons Journals, 5th March 1700.
-
-[126] Somerville, p. 151; Chalmers' _Caledonia_, i. 868.
-
-[127] _Carstares State Papers_, p. 579.
-
-[128] See the Duke of Queensberry's letter to Mr. Carstares of 9th
-September, and other letters among the _Carstares Papers_ during the
-summer and autumn of 1700.
-
-[129] Private Instructions to the Duke of Queensberry, Hampton Court,
-25th April 1700; Add. MSS., British Museum, 24, 064, f. 18. The Estates
-met in May, but were adjourned until October.
-
-[130] A Sermon preached before his Grace James Duke of Queensberry, His
-Majesty's High Commissioner, and the Honourable Estates of Parliament,
-in the Parliament House, the 1st December 1700. Edinburgh, 1701.
-
-
-
-
-_Index_
-
-
-    _Abbotsford Club Miscellany_, Satire against Scotland in, 58.
-
-    _Aberdeen_, progress of, during the Commonwealth, 110;
-      cannot support a branch of the Bank of Scotland, 177.
-
-    _Aberdeen_, first Earl of, 139.
-
-    _Albon_, Jacques d', Marshal of France, 24.
-
-    _Annandale_, rabbling in, 163.
-
-    _Anne_, Queen, accession of, 183.
-
-    _Aragon_, 81.
-
-    _Argyll_, Lord Justice of Scotland, 37;
-      Earl of, a Lord of the Council, 40;
-      Marquis of, opposes Cromwell, 97;
-      endeavours to secure return of Scotsmen to Parliament, 1656,
-          105;
-      represents Aberdeenshire in Richard Cromwell's Parliament, 105;
-      Duke of, 178.
-
-    _Argyllshire_, representation of, in 1658, 105.
-
-    _Arran_, James, third Earl of, marriage to Elizabeth proposed, 27,
-          40, 41;
-      leaves France, 30;
-      Elizabeth declines to marry, 44;
-      a Lord of the Congregation, 40.
-
-    _Assembly_, The, a Comedy, 169.
-
-    _Assembly_, General, dissolved during the Commonwealth, 114.
-
-    _Athole_, Duke of, remains neutral at the Reformation, 40.
-
-    _Aubespine_, Claude de l', Secretary of State, 24.
-
-    _Ayr_, fort built at, 107.
-
-
-    _Babington Conspiracy_, 49.
-
-    _Bacon_, supports the Union, 60, 61, 62;
-      on the Union Commission, 64;
-      opposes assimilation of laws of England and Scotland, 70;
-      his description of the Union Commissioners of 1604, 69;
-      assists Sir Thomas Hamilton to adjust the Treaty, 71;
-      his speech for the Union, 78-81;
-      his argument for the post-nati, 86.
-
-    _Baillie_, Rev. Robert, deplores the Union, 99, 100;
-      account of Scotland during the Commonwealth, 119;
-      his intolerance, 117;
-      account of Lord Broghill, 107.
-
-    _Baliol_, reign of, 11.
-
-    _Band Anent the Trew Religioun_, 1585, 47.
-
-    _Bank of Scotland_, 176.
-
-    _Bannockburn_, 15.
-
-    _Barbadoes_, trade with Glasgow, 109.
-
-    _Barebones' Parliament_, representation of Scotland in, 101.
-
-    _Basilikon Doron_, 52, 59.
-
-    _Berkeley_, Bishop, 88.
-
-    _Berwick_, not to be molested by Scots, 24;
-      Sir Ralph Sadler at, 30;
-      Convention at, 36, 37;
-      Treaty of, 37;
-      goods from Scotland must pass through, 131.
-
-    _Bettancourt_, Monsieur de, 25.
-
-    _Binning_, Rev. Hugh, 113.
-
-    _Blackstone_, cited, 127.
-
-    _Bothwell_, Earl of, doubtful at Reformation, 40.
-
-    _Boyd_, Lord, a Lord of the Congregation, 40.
-
-    _Boyle_, Roger (Lord Broghill), President of the Scottish Council,
-          106, 107.
-
-    _Bretaigne_, Sir John de, Warden of Scotland, 13.
-
-    _Bridgeman_, Lord Keeper, 137.
-
-    _Broghill_, Lord, 106, 107.
-
-    _Bruce_, Robert, 15, 35.
-
-    _Buchan_, Earl of, at Parliament of Westminster, 12.
-
-    _Buchanan_, George, 60.
-
-    _Buckingham_, Duke of, 137.
-
-    _Burnet_, Bishop, account of Cromwell's soldiers at Aberdeen, 107;
-      of state of Scotland during the Commonwealth, 107, 120.
-
-    _Bute_, representation of, in Richard Cromwell's Parliament, 105.
-
-
-    _Caithness_, Earl of, is neutral at the Reformation, 40.
-
-    _Calais_, 36.
-
-    _Calvin_ v. _Smith_ (case of the post-nati), 86.
-
-    _Cambray_, Treaty of, 23, 24.
-
-    _Cameronians_, 153.
-
-    _Carlisle_, goods from Scotland must pass through, 131.
-
-    _Carlyle_, Thomas, cited, 121.
-
-    _Carstares_, Principal, 177, 178, 179.
-
-    _Carthusians_, Monastery of, at Perth, 26.
-
-    _Cassillis_, Earl of, in Cromwell's House of Lords, 121.
-
-    _Cassillis_, Lord, neutral at the Reformation, 40.
-
-    _Castile_, 81.
-
-    _Cecil_, encourages marriage of Elizabeth and Arran, 27;
-      in favour of sending troops to Scotland, 28, 29, 30;
-      persuades Elizabeth to send an army to Scotland, 35.
-
-    _Charles I._, Scottish policy of, 93;
-      engagement for the relief of, 112.
-
-    _Charles II._, signs the Covenants, 94, 95;
-      favourable to Union at first, 125.
-
-    _Chatelherault_, Duke of, 27, 30.
-
-    _Chien_, Sir Reynaud de, 13.
-
-    _Christian Love_, treatise on, by Rev. Hugh Binning, 113.
-
-    _Clackmannan_, representation of, in Richard Cromwell's
-          Parliament, 105.
-
-    _Clarendon_, Earl of, opposes Lauderdale, 128;
-      in favour of Union, 123.
-
-    _Clyde_, during the Commonwealth, 109, 110.
-
-    _Coke_, Sir Edward, cited, 70;
-      in favour of Union, 81.
-
-    _Collingham_, Prior of, 40.
-
-    _Confession of Faith_, of 1560, 89, 90;
-      Westminster, 151, 152, 157.
-
-    _Congregation_, Lords of the, 25, 26.
-
-    _Cork_, Earl of, 106.
-
-    _Country Party_, rise of, in Scotland, 182.
-
-    _Craig_, Sir Thomas, 66.
-
-    _Craigmillar_, Castle burned, 17.
-
-    _Cranbourne_, Lord, 59.
-
-    _Crichton_, Lord, is neutral at the Reformation, 40.
-
-    _Cromwell_, Oliver, victorious at Dunbar and Worcester, 95, 96;
-      dissolves the Long Parliament, 101;
-      becomes Lord Protector, 102;
-      meeting of his first Parliament, 104;
-      his opinion of the Scots, 116, 121;
-      intends to found a College of Physicians for Scotland, 118;
-      his House of Lords, 121;
-      the Union under, 135, _et seq._;
-      his forts in Scotland demolished after the Restoration, 124.
-
-    _Cromwell_, Richard, representatives of Scotland in his
-          Parliament, 105.
-
-    _Cumberland_, duties on horses coming from Scotland, 130.
-
-    _Cupar_, Abbot of, at Parliament of Westminster, 12.
-
-
-    _Dalkeith_, delegates discuss Union at, during the Commonwealth,
-          98, 99, 100.
-
-    _Dalrymple_, Sir John (first Earl of Stair), 148.
-
-    _Darien_, 172, 173, 180, 181.
-
-    _Darnley_, 46.
-
-    _Dartmouth_, Lord, cited, 137.
-
-    _Dauphin_, marriage to Mary of Scotland, 21, 22;
-      proclaims himself and Mary, King and Queen of Scotland, 23;
-      gives up using Arms of England, 38.
-
-    _David_, King of Scotland, 14.
-
-    _Debateable Ground_, The, 19.
-
-    _Defoe_, Daniel, 120, 133, 184.
-
-    _Drummond_, Lord, is neutral at the Reformation, 40.
-
-    _Dryburgh_, Abbey destroyed, 17.
-
-    _Dudley_ (Earl of Leicester), 43.
-
-    _Dumbartonshire_, representation of, in Richard Cromwell's
-          Parliament, 105.
-
-    _Dunbar_, battle of, 95, 96, 112.
-
-    _Dundas_, of Dundas, 100.
-
-    _Dundee_, progress of, during the Commonwealth, 110;
-      storming of, 97;
-      no bank at, 177.
-
-    _Dunfermline_, Earl of, 65, 66.
-
-    _Dunkeld_, Bishop of, at Parliament of Westminster, 12.
-
-    _Dutch_, Navigation Act directed against, 127.
-
-
-    _East India Company_, 87, 183.
-
-    _Edinburgh_, burned by the English, 16, 17;
-      Treaty of, 38, 39;
-      taken by Cromwell, 96;
-      Union proclaimed at, 98, 103;
-      grant to University of, 118;
-      Monro, Principal of University of, 160.
-
-    _Edward I._, 10, 11, 12, 14, 35.
-
-    _Edward VI._, 17.
-
-    _Edward_, Prince, 10.
-
-    _Edwards_, Thomas, author of the _Gangraena_, 117.
-
-    _Ellesmere_, Lord Chancellor, 64, 86.
-
-    _Elizabeth_, Queen, agrees to send troops to Scotland, 35;
-      marriage to Arran proposed, 40, 41, 44;
-      to Dudley, 44.
-
-    _Elizabeth_, Princess of Scotland, 55.
-
-    _Elphinstone_, James (Lord Balmerino), 66.
-
-    _England_, attempted Union to Scotland in the reign of Edward I.,
-          11;
-      treatment of Scotsmen in, 14;
-      Scottish hatred to, 17;
-      Crown of, claimed by Mary and the Dauphin, 23;
-      James VI. of Scotland well received in, 57;
-      conduct of Scotsmen passing through, 75;
-      Bacon on the future greatness of, 81;
-      Reformation in, 87, 88;
-      revenue of, during the Commonwealth, 110;
-      Bills for uniting with Scotland in 1659, 118, 121;
-      Scottish Church question misunderstood in, 144;
-      alarm in, produced by writings of Scottish Episcopalians, 165,
-          _et seq._;
-      relations with Scotland in the reign of William III., 173,
-          _et seq._
-
-    _Errol_, Earl of, 40.
-
-    _Evelyn_, John, Diary cited, 159.
-
-
-    _False Brother_, The, 143.
-
-    _Five Mile Act_, 145.
-
-    _Fleming_, Lord, doubtful at the Reformation, 40.
-
-    _Fletcher_, of Saltoun, 99, 107, 177, 182.
-
-    _Flodden_, battle of, 15, 35.
-
-    _Florence_, 81.
-
-    _France_, relations with Scotland, 20, 21, 23, 28, 29;
-      trade with Glasgow, 109.
-
-    _Francis II._, death of, 44.
-
-    _Fotheringay_, 45.
-
-    _Froude_, Mr., cited, 23, 28, 41.
-
-    _Fyvie_, Lord, 65.
-
-
-    _Gillespie_, Patrick, 117, 118.
-
-    _Glasgow_, opposition to Union during the Commonwealth, 98, 100,
-          119;
-      fort built at, 107;
-      trade of, 109, 110, 177;
-      University of, 118.
-
-    _Glencairn_, fifth Earl of, a Lord of the Congregation, 40;
-      ninth Earl of, rising under in the Highlands, 97.
-
-    _Gordon_, Sir George, of Haddo, 139.
-
-    _Grey_, Lord, Warden of the East Marches, 35.
-
-    _Guise_, Duke of, 47.
-
-    _Guise_, Mary of, 20, _et seq._
-
-    _Gunpowder Plot_, 75.
-
-    _Gurdon_, Sir Adam de, at the Parliament of Westminster, 12.
-
-
-    _Haddington_, Earl of, _see_ Hamilton.
-
-    _Halifax_, Lord, 174.
-
-    _Hamilton_, Duke of, 177, 178, 180, 181, 182.
-
-    _Hamilton_, Sir Thomas (first Earl of Haddington), 56;
-      on Union Commission, 66, 71.
-
-    _Hamilton Papers_, 40.
-
-    _Harleian Miscellany_, 143.
-
-    _Henry VII._, 15.
-
-    _Henry VIII._, Scottish policy of, 17;
-      proposes marriage of Prince of Wales and Mary of Scotland, 15.
-
-    _Henry_, Prince (son of James VI. of Scotland), 52.
-
-    _Henry_, of France, naturalises Scotsmen in France, 22;
-      sends M. de Bettancourt to Edinburgh, 25;
-      death of, 28.
-
-    _Henry_, of Navarre, 47.
-
-    _Heriot_, George, 56, 96.
-
-    _Hill Men_, 153.
-
-    _Holyrood_, Mary of Scotland at, 46;
-      dismantled, 55;
-      turned into barracks, 96;
-      Abbot of, doubtful at the Reformation, 40.
-
-    _Hume_, Lord, neutral at the Reformation, 40.
-
-    _Huntly_, Earl of, neutral at the Reformation, 40.
-
-
-    _Inchmartyn_, Sir John de, at the Parliament of Westminster, 12.
-
-    _Inverlochy_, Castle of, repaired, 107.
-
-    _Inverness_, fort built at, 107.
-
-    _Inverness-shire_, representation of, in Richard Cromwell's
-          Parliament, 105.
-
-    _Ireland_, trade with Glasgow, 109;
-      Lord Justice of Scotland to assist Lord Lieutenant of, 37.
-
-
-    _James IV._ of Scotland, 15.
-
-    _James VI._ of Scotland, asked to join the Holy League, 47;
-      agrees to send troops into England, 48;
-      conduct at death of his mother, 50, 51;
-      leaves Scotland, 53, _et seq._;
-      how received in England, 57;
-      announces the Union of England and Scotland, 59;
-      summons a Parliament in Scotland to discuss the Union, 63;
-      recommends the Union to the English Parliament, 63, 64;
-      remonstrances with the English Parliament, 81, 82;
-      insists on his right to issue letters of denization, 73;
-      thanks the Union Commissioners, 74;
-      his _Basilikon Doron_, 52;
-      his opinions as to the Heritable Jurisdiction, 70, 71;
-      his dislike to the Presbyterian Church, 90, 91.
-
-    _James II._ of England, addressed by Scottish Bishops, 154.
-
-    _Jersey_, Lord, 137.
-
-    _Jewel_, letter to Peter Martyr, quoted, 41.
-
-    _Johnston_, Sir Archibald, of Warriston, 99, 121.
-
-
-    _Kethe_, Sir Robert de, at the Parliament of Westminster, 12.
-
-    _Kirkpatrick_, rabbling at, 163.
-
-    _Kirkton_, Rev. James, 119, 120.
-
-    _Knox_, John, comes to Scotland from Geneva, 26.
-
-
-    _Lambert_, 97.
-
-    _Laud_, Archbishop, 93.
-
-    _Lauderdale_, Duke of, against continuing the Union after the
-          Restoration, 123, 124;
-      his advice as to the Church of Scotland not followed, 124, 125;
-      changes his views as to the Union, 138;
-      quarrels with Tweeddale, 140.
-
-    _Lauriston_, Sir Alexander Straton of, 74.
-
-    _Law_, Rev. Robert, his Memorialls, 120.
-
-    _Leighton_, Bishop, 117.
-
-    _Leith_, burned, 16, 17;
-      Mary of Guise and French troops in, 30, 31;
-      siege of, 38;
-      fort at, 107;
-      progress of, 110.
-
-    _Leven_, Lord, 178.
-
-    _Lindsay_, Master of, a Lord of the Congregation, 40.
-
-    _Linlithgow_, representation of, in Richard Cromwell's Parliament,
-          105.
-
-    _Livingstone_, Lord, remains neutral at the Reformation, 40.
-
-    _Lockhart_, Sir William, on the Scottish Council during the
-          Commonwealth, 106;
-      in Cromwell's House of Lords, 121.
-
-    _London_, Scotsmen in, during reign of Elizabeth, 55, 56;
-      scarcity of wood in, 135;
-      Union Commission at, in 1670, 139;
-      in 1702, 183.
-
-    _Longleat_, MSS. at, 40.
-
-    _Lonsdale_, Viscount, 174.
-
-    _Lorraine_, Cardinal of, at the Treaty of Cambray, 24.
-
-
-    _Mackintosh_, Sir James, 88.
-
-    _Mackenzie_, Sir George, of Rosehaugh, 128, 139, 140, 158, 159.
-
-    _Maid of Norway_, 10.
-
-    _Maitland_, Sir John, 50.
-
-    _Maitland_, William, of Lethington, advocates the Union of England
-          and Scotland, 31-34.
-
-    _March_, Patrick, Earl of, 12.
-
-    _Marchmont_, Earl of, 174.
-
-    _Margaret_, Princess, 15, 46.
-
-    _Marshall_, Earl, neutral at the Reformation, 40.
-
-    _Martyr_, Peter, letter to, from Jewel, quoted, 41.
-
-    _Mary_, of Guise (Queen Regent), assembles the Scottish Nobles in
-          1555, 20, 21;
-      asked by Henry of France to suppress the Reformation in
-          Scotland, 25, 26;
-      takes shelter in Leith, 30;
-      her death, 38.
-
-    _Mary_, Queen of England, effects of her death, 22, 23.
-
-    _Mary_, Queen of Scots, betrothed to the Dauphin, 17;
-      sent to France, 19;
-      effects of her marriage on the relations of France and Scotland,
-          21;
-      assumes the title of Queen of England, 23;
-      to give up using this title, 38;
-      death of Francis II., 44;
-      returns to Scotland, 45;
-      her execution, 49.
-
-    _Mary_, Queen of England (wife of William III.), 149.
-
-    _Masson_, Professor, cited, 71.
-
-    _Maxwell_, Master of, a Lord of the Congregation, 40.
-
-    _Melrose_, Abbey, destroyed by the English, 17.
-
-    _Melrose_, Abbot, at the Parliament of Westminster, 12.
-
-    _Melville_, George, first Earl of, 148, 177, 178.
-
-    _Middleton_, John, first Earl of, 128.
-
-    _Midlothian_, representation of, in Richard Cromwell's Parliament,
-          105.
-
-    _Monk_, General, 97, 104.
-
-    _Monro_, Dr. Alexander, 160, 162.
-
-    _Monteith_, Earl of, a Lord of the Congregation, 40.
-
-    _Monteith_, Sir John, 12, 13.
-
-    _Montmorency_, Duke of, at the Treaty of Cambray, 24.
-
-    _Montrose_, John, Earl of, on Commission for Union, 65.
-
-    _Montrose_, William, Earl of, neutral at the Reformation, 40.
-
-    _Morton_, Earl of, neutral at the Reformation, 40.
-
-    _Morvillier_, Bishop of Orleans, 24.
-
-    _Moubray_, Sir John de, 12.
-
-
-    _Navigation Act (English)_, 127-129, 132, 133, 170, 172.
-
-    _Navigation Act (Scottish)_, 131.
-
-    _Newcastle_, 133.
-
-    _Nisbet_, Sir John, Lord Advocate, 140.
-
-    _Norfolk_, Lieutenant of the North of England, 36.
-
-    _Norham_, 24.
-
-    _Northumberland_, duty on horses entering, 130.
-
-    _Norway_, trade with Glasgow, 109.
-
-    _Nova Scotia_, 87.
-
-
-    _Ochiltree_, Lord, a Lord of the Congregation, 40.
-
-    _Oxford_, Sir George Mackenzie at, 159.
-
-
-    _Parliament of England_, Address of James I. to, 60;
-      meeting of, in 1604, 63;
-      in 1605, 75;
-      in 1606, 76;
-      debate on Scottish question, 77, 78, 79, 80, 81, 82;
-      will not agree to the Union in 1607, 84;
-      representation of Scotland in, during the Commonwealth, 100,
-          101;
-      the Long Parliament dissolved, 101;
-      representation of Scotland in Barebones' Parliament, 101;
-      thirty members to serve for Scotland in, 102;
-      Protector's first Parliament, 104;
-      Scottish members in 1656, 105;
-      Richard Cromwell's Parliament, 105;
-      jurisdiction in Scotland forbidden except under authority of,
-          108;
-      Bills for Union brought into, in 1659, 118;
-      Lauderdale's fear of, 124;
-      commercial policy of English Parliament, 127;
-      passes a Navigation Act, 128;
-      Address of William III. to, 150;
-      state of feeling in, 151;
-      Address against Scottish Trading Company, 173;
-      Scotland attacked in Parliament, 175;
-      jealousy between Lords and Commons, 175, 176.
-
-    _Parliament of Scotland_, resolves to betroth Mary to the Dauphin,
-          17;
-      terms on which their marriage agreed to, 21;
-      deputation from, to be sent to France, 39;
-      disowns the authority of the Pope, 40;
-      in favour of the Union of the Crowns, 41;
-      meets at St. Andrews, in 1585, 47;
-      meeting of, in 1587, 49;
-      position of, after the Union of the Crowns, 55;
-      summoned to meet in April 1604, 63;
-      meets at Perth in July 1604, 65;
-      appoints Commission on Union, 65, 66;
-      resolves that Union not to interfere with independence of
-          Scotland, 67;
-      meets in August 1607, 83;
-      agrees to articles of Union, 84;
-      acknowledges the royal supremacy over all persons and causes,
-          91;
-      protests against execution of Charles I., 94;
-      does not sit during the Commonwealth, 97;
-      meets again after the Restoration, 124;
-      passes a Navigation Act for Scotland, 131;
-      meets in Edinburgh in 1669, 138;
-      Address of William III. to, in 1689, 147;
-      appoints a Commission on Union, 149, 150;
-      passes Acts relating to the Church, 151, 156;
-      passes the Act for a Company Trading to Africa and the Indies,
-          171, 172, 173;
-      meets in October 1700, 179, 180, 181;
-      first Parliament of Queen Anne, 185.
-
-    _Parliament_, at Westminster, in 1305, 12.
-
-    _Patronage_, Law of, 152.
-
-    _Perth_, John Knox at, 26.
-
-    _Perthshire_, representation of, in Richard Cromwell's Parliament,
-          105.
-
-    _Piggott_, Sir Christopher, 77.
-
-    _Pinkie_, Battle of, 17, 35.
-
-    _Pinkie House_, Council at, in 1560, 38.
-
-    _Pisa_, 81.
-
-    _Pitcairn_, Archibald, M.D., 169.
-
-    _Portland_, Duke of, 133.
-
-    _Presbyterian Eloquence_, displayed, 166.
-
-    _Presbyterian Inquisition_, 160.
-
-    _Primrose_, Sir Archibald, 140.
-
-
-    _Queensberry_, James, second Duke of, 178, 179, 180.
-
-
-    _Rawlinson_ MSS., 157.
-
-    _Reformation_, 40, 87, 88.
-
-    _Riven_ (Ruthven), a Lord of the Congregation, 40.
-
-    _Rosebery_, first Earl of, 140.
-
-    _Rosehaugh_, Sir George Mackenzie of, 139.
-
-    _Roslyn_, burned by the English, 17.
-
-    _Ross_, Lord, neutral at the Reformation, 40.
-
-    _Rothes_, Andrew, fourth Earl of, a Lord of the Congregation, 40.
-
-    _Rothes_, John, seventh Earl of, 182.
-
-    _Roxburghe_, John, Duke of, 182.
-
-    _Rutherford_, Samuel, 117.
-
-
-    _Sadler_, Sir Ralph, 15, 16, 30.
-
-    _Sage_, Rev. John, 161.
-
-    _St. Andrews_, Parliament at, 47;
-      Bishop of, at the Parliament of Westminster, 12;
-      Prior of, a Lord of the Congregation, 40;
-      Bishop of, doubtful at the Reformation, 40.
-
-    _St. Giles_, Church of, 54, 165.
-
-    _Scotch Presbyterian Eloquence_, The, 166.
-
-    _Scotland_, invasion of, by Edward I., 10, 11;
-      representatives of, in Parliament at Westminster, 1305, 12, 13;
-      John de Bretaigne, Warden of, 13;
-      independence of, secured at Bannockburn, 15;
-      after Flodden and Solway Moss, 15, 16, 17;
-      last battle between Scotland and England, 17;
-      state of, in the sixteenth century, 20;
-      the French policy towards, 25, 26, 28;
-      Scottish policy of Cecil, 28, 29, 30;
-      Maitland of Lethington on the relations of England and Scotland,
-          31, _et seq._;
-      English army enters, 36;
-      Crowns of France and Scotland separated, 44;
-      Mary returns to, 45;
-      league of 1585, between England and Scotland, 47;
-      James VI. leaves, 54, 55, 56, 57;
-      abuse of, by English writers, 57, 77, 116, 141, 142, 143, 175;
-      Union proposed in 1603, 63, _et seq._;
-      state of, during the Commonwealth, 96-121;
-      establishment of Episcopacy in, after the Restoration, 125;
-      effect of the Navigation Act on, 127, _et seq._;
-      policy of the Stuarts as to Union with, 137;
-      Crown of, offered to William and Mary, 149;
-      Union with, recommended by William, 150;
-      attacks upon the Church of, 162, _et seq._;
-      attempts to improve the trade of, 170;
-      dangerous state of, in 1700, 176, 185.
-
-    _Scottish Burgh Society_, 110.
-
-    _Scottish Company Trading to Africa and the Indies_, 170, 183,
-          184.
-
-    _Seaton_, Sir John, 100.
-
-    _Second Book of Discipline_, 90.
-
-    _Semple_, Lord, 40.
-
-    _Seton_, Alexander (Lord Fyvie), 65.
-
-    _Seton_, Lord, 40.
-
-    _Seymour_, Sir Edward, 175.
-
-    _Sharp_, Archbishop, 144.
-
-    _Sharpe_, Charles Kirkpatrick, 120.
-
-    _Shrewsbury_, Lord, 174.
-
-    _Society Men_, 153.
-
-    _Solway Moss_, battle of, 15.
-
-    _Somerset_, Protector, in Scotland, 18.
-
-    _Somerville_, Lord, neutral at the Reformation, 40.
-
-    _Sparta_, 81.
-
-    _Stair_, John, first Earl of, 148.
-
-    _Stobs_, Elliot of, 100.
-
-    _Straton_, Sir Alexander, 74.
-
-    _Stirling_, Castle surrendered, 97.
-
-    _Stirlingshire_, representation of, in Richard Cromwell's
-          Parliament, 105.
-
-    _Sutherland_, Earl of, a Lord of the Congregation, 40.
-
-    _Swinton_, of Swinton, 100, 106.
-
-
-    _Tarbat_, Lord (first Earl of Cromartie), 158.
-
-    _Throgmorton_, Sir Nicholas, 28.
-
-    _Treaty_, of Cambray, 23;
-      of Upsetlington, 24;
-      of Berwick, 36, 37;
-      of Edinburgh, 38;
-      of 1586, 47;
-      of Union in 1607, 71, _et seq._;
-      Commercial Treaty of 1668, 132-136;
-      of Union in 1670, 139, 140;
-      of Union in 1702, 183.
-
-    _Tucker_, Thomas, report on the revenue of Scotland, 110.
-
-    _Tudor_, Princess Margaret, 46.
-
-    _Tweed_, English army crosses, in 1560, 38.
-
-    _Tweeddale_, John, Earl and first Marquis of, 136, 140, 145;
-      John, second Marquis, 182.
-
-    _Tytler_, Patrick Fraser, 17, 40, 49.
-
-
-    _Union_, of the Crowns, 54, _et seq._;
-      of the Kingdoms, proposed by Edward I., 10, _et seq._;
-      by Somerset, 18;
-      by Maitland of Lethington, 31, _et seq._;
-      by James VI., 68, _et seq._;
-      during the Commonwealth, 96, _et seq._;
-      abolished at the Restoration, 123, 124;
-      proposed in 1670, 139;
-      at the Revolution, 147, _et seq._;
-      in 1702, 183.
-
-    _Upsetlington_, Treaty of, 24.
-
-
-    _Vane_, Sir Henry (younger), 97, 113, 114.
-
-    _Vaux_, Sir John de, 13.
-
-    _Vernon_, Mr. Secretary, 174, 175, 176.
-
-    _Virginia_, colonised, 87.
-
-
-    _Wallace_, William, 12, 35.
-
-    _Walsingham_, 49, 50.
-
-    _Warriston_, Sir Archibald Johnston of, 99.
-
-    _Westminster_, Parliament at, in 1305, 12;
-      Union Commissioners at, in 1604-1607, 68, 69;
-      deputies sent to, from Scotland, 100;
-      Union Commissioners at, in 1702, 183, 184.
-
-    _Westminster Confession of Faith_, 151, 152, 157.
-
-    _Whalley_, Henry, 104.
-
-    _Whigs_, lenient spirit of, 157.
-
-    _Whitehall_, 143.
-
-    _William III._ of England, his account of the Stuart policy as to
-          Union, 137;
-      letter to the Estates in 1689, 147;
-      urges settlement of government in Scotland, 149;
-      recommends the Union, 150, 151;
-      his Church policy in Scotland, 155, 156;
-      conduct as to Darien, 171-173;
-      proposes the Union in 1700, 175;
-      his death, 183.
-
-    _Winter_, Admiral, 35.
-
-    _Worcester_, battle of, 95, 96.
-
-    _Wotton_, Sir Edward, Ambassador at Holyrood, 47.
-
-    _Wycherley_, 169.
-
-
-       *       *       *       *       *
-
-
-Transcriber's Notes
-
-Missing periods, closing quotation marks and closing parentheses have
-been supplied where obviously required. All other original errors and
-inconsistencies have been retained, except as follows:
-
-  Page 30:    least changed to last
-              (and at last Chatelherault)
-  Footnote 7: Debeateable changed to Debateable
-              (vocabulo dicta The Debateable Ground.")
-  Page 188:   Castille changed to Castile
-              (_Castile_, 81.)
-  Page 190:   Andrew changed to Adam
-              (_Gurdon_, Sir Adam de, at the Parliament)
-  Page 190:   Johnstone changed to Johnston
-              (_Johnston_, Sir Archibald, of Warriston, 99, 121.)
-  Page 191:   Macintosh changed to Mackintosh
-              (_Mackintosh_, Sir James, 88.)
-  Page 192:   Added page reference for entry
-              (summoned to meet in April 1604, 63;)
-  Page 192:   Added page reference for entry
-              (meets at Perth in July 1604, 65;)
-
-
-
-
-
-
-End of the Project Gutenberg EBook of The Early History of the Scottish
-Union Question, by George W. T. Omond
-
-*** END OF THIS PROJECT GUTENBERG EBOOK EARLY HISTORY SCOTTISH UNION QUESTION ***
-
-***** This file should be named 40931.txt or 40931.zip *****
-This and all associated files of various formats will be found in:
-        http://www.gutenberg.org/4/0/9/3/40931/
-
-Produced by Rosanna Murphy, sp1nd and the Online Distributed
-Proofreading Team at http://www.pgdp.net (This file was
-produced from images generously made available by The
-Internet Archive)
-
-
-Updated editions will replace the previous one--the old editions
-will be renamed.
-
-Creating the works from public domain print editions means that no
-one owns a United States copyright in these works, so the Foundation
-(and you!) can copy and distribute it in the United States without
-permission and without paying copyright royalties.  Special rules,
-set forth in the General Terms of Use part of this license, apply to
-copying and distributing Project Gutenberg-tm electronic works to
-protect the PROJECT GUTENBERG-tm concept and trademark.  Project
-Gutenberg is a registered trademark, and may not be used if you
-charge for the eBooks, unless you receive specific permission.  If you
-do not charge anything for copies of this eBook, complying with the
-rules is very easy.  You may use this eBook for nearly any purpose
-such as creation of derivative works, reports, performances and
-research.  They may be modified and printed and given away--you may do
-practically ANYTHING with public domain eBooks.  Redistribution is
-subject to the trademark license, especially commercial
-redistribution.
-
-
-
-*** START: FULL LICENSE ***
-
-THE FULL PROJECT GUTENBERG LICENSE
-PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
-
-To protect the Project Gutenberg-tm mission of promoting the free
-distribution of electronic works, by using or distributing this work
-(or any other work associated in any way with the phrase "Project
-Gutenberg"), you agree to comply with all the terms of the Full Project
-Gutenberg-tm License available with this file or online at
-  www.gutenberg.org/license.
-
-
-Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
-electronic works
-
-1.A.  By reading or using any part of this Project Gutenberg-tm
-electronic work, you indicate that you have read, understand, agree to
-and accept all the terms of this license and intellectual property
-(trademark/copyright) agreement.  If you do not agree to abide by all
-the terms of this agreement, you must cease using and return or destroy
-all copies of Project Gutenberg-tm electronic works in your possession.
-If you paid a fee for obtaining a copy of or access to a Project
-Gutenberg-tm electronic work and you do not agree to be bound by the
-terms of this agreement, you may obtain a refund from the person or
-entity to whom you paid the fee as set forth in paragraph 1.E.8.
-
-1.B.  "Project Gutenberg" is a registered trademark.  It may only be
-used on or associated in any way with an electronic work by people who
-agree to be bound by the terms of this agreement.  There are a few
-things that you can do with most Project Gutenberg-tm electronic works
-even without complying with the full terms of this agreement.  See
-paragraph 1.C below.  There are a lot of things you can do with Project
-Gutenberg-tm electronic works if you follow the terms of this agreement
-and help preserve free future access to Project Gutenberg-tm electronic
-works.  See paragraph 1.E below.
-
-1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
-or PGLAF), owns a compilation copyright in the collection of Project
-Gutenberg-tm electronic works.  Nearly all the individual works in the
-collection are in the public domain in the United States.  If an
-individual work is in the public domain in the United States and you are
-located in the United States, we do not claim a right to prevent you from
-copying, distributing, performing, displaying or creating derivative
-works based on the work as long as all references to Project Gutenberg
-are removed.  Of course, we hope that you will support the Project
-Gutenberg-tm mission of promoting free access to electronic works by
-freely sharing Project Gutenberg-tm works in compliance with the terms of
-this agreement for keeping the Project Gutenberg-tm name associated with
-the work.  You can easily comply with the terms of this agreement by
-keeping this work in the same format with its attached full Project
-Gutenberg-tm License when you share it without charge with others.
-
-1.D.  The copyright laws of the place where you are located also govern
-what you can do with this work.  Copyright laws in most countries are in
-a constant state of change.  If you are outside the United States, check
-the laws of your country in addition to the terms of this agreement
-before downloading, copying, displaying, performing, distributing or
-creating derivative works based on this work or any other Project
-Gutenberg-tm work.  The Foundation makes no representations concerning
-the copyright status of any work in any country outside the United
-States.
-
-1.E.  Unless you have removed all references to Project Gutenberg:
-
-1.E.1.  The following sentence, with active links to, or other immediate
-access to, the full Project Gutenberg-tm License must appear prominently
-whenever any copy of a Project Gutenberg-tm work (any work on which the
-phrase "Project Gutenberg" appears, or with which the phrase "Project
-Gutenberg" is associated) is accessed, displayed, performed, viewed,
-copied or distributed:
-
-This eBook is for the use of anyone anywhere at no cost and with
-almost no restrictions whatsoever.  You may copy it, give it away or
-re-use it under the terms of the Project Gutenberg License included
-with this eBook or online at www.gutenberg.org
-
-1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
-from the public domain (does not contain a notice indicating that it is
-posted with permission of the copyright holder), the work can be copied
-and distributed to anyone in the United States without paying any fees
-or charges.  If you are redistributing or providing access to a work
-with the phrase "Project Gutenberg" associated with or appearing on the
-work, you must comply either with the requirements of paragraphs 1.E.1
-through 1.E.7 or obtain permission for the use of the work and the
-Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
-1.E.9.
-
-1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
-with the permission of the copyright holder, your use and distribution
-must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
-terms imposed by the copyright holder.  Additional terms will be linked
-to the Project Gutenberg-tm License for all works posted with the
-permission of the copyright holder found at the beginning of this work.
-
-1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
-License terms from this work, or any files containing a part of this
-work or any other work associated with Project Gutenberg-tm.
-
-1.E.5.  Do not copy, display, perform, distribute or redistribute this
-electronic work, or any part of this electronic work, without
-prominently displaying the sentence set forth in paragraph 1.E.1 with
-active links or immediate access to the full terms of the Project
-Gutenberg-tm License.
-
-1.E.6.  You may convert to and distribute this work in any binary,
-compressed, marked up, nonproprietary or proprietary form, including any
-word processing or hypertext form.  However, if you provide access to or
-distribute copies of a Project Gutenberg-tm work in a format other than
-"Plain Vanilla ASCII" or other format used in the official version
-posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
-you must, at no additional cost, fee or expense to the user, provide a
-copy, a means of exporting a copy, or a means of obtaining a copy upon
-request, of the work in its original "Plain Vanilla ASCII" or other
-form.  Any alternate format must include the full Project Gutenberg-tm
-License as specified in paragraph 1.E.1.
-
-1.E.7.  Do not charge a fee for access to, viewing, displaying,
-performing, copying or distributing any Project Gutenberg-tm works
-unless you comply with paragraph 1.E.8 or 1.E.9.
-
-1.E.8.  You may charge a reasonable fee for copies of or providing
-access to or distributing Project Gutenberg-tm electronic works provided
-that
-
-- You pay a royalty fee of 20% of the gross profits you derive from
-     the use of Project Gutenberg-tm works calculated using the method
-     you already use to calculate your applicable taxes.  The fee is
-     owed to the owner of the Project Gutenberg-tm trademark, but he
-     has agreed to donate royalties under this paragraph to the
-     Project Gutenberg Literary Archive Foundation.  Royalty payments
-     must be paid within 60 days following each date on which you
-     prepare (or are legally required to prepare) your periodic tax
-     returns.  Royalty payments should be clearly marked as such and
-     sent to the Project Gutenberg Literary Archive Foundation at the
-     address specified in Section 4, "Information about donations to
-     the Project Gutenberg Literary Archive Foundation."
-
-- You provide a full refund of any money paid by a user who notifies
-     you in writing (or by e-mail) within 30 days of receipt that s/he
-     does not agree to the terms of the full Project Gutenberg-tm
-     License.  You must require such a user to return or
-     destroy all copies of the works possessed in a physical medium
-     and discontinue all use of and all access to other copies of
-     Project Gutenberg-tm works.
-
-- You provide, in accordance with paragraph 1.F.3, a full refund of any
-     money paid for a work or a replacement copy, if a defect in the
-     electronic work is discovered and reported to you within 90 days
-     of receipt of the work.
-
-- You comply with all other terms of this agreement for free
-     distribution of Project Gutenberg-tm works.
-
-1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
-electronic work or group of works on different terms than are set
-forth in this agreement, you must obtain permission in writing from
-both the Project Gutenberg Literary Archive Foundation and Michael
-Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
-Foundation as set forth in Section 3 below.
-
-1.F.
-
-1.F.1.  Project Gutenberg volunteers and employees expend considerable
-effort to identify, do copyright research on, transcribe and proofread
-public domain works in creating the Project Gutenberg-tm
-collection.  Despite these efforts, Project Gutenberg-tm electronic
-works, and the medium on which they may be stored, may contain
-"Defects," such as, but not limited to, incomplete, inaccurate or
-corrupt data, transcription errors, a copyright or other intellectual
-property infringement, a defective or damaged disk or other medium, a
-computer virus, or computer codes that damage or cannot be read by
-your equipment.
-
-1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
-of Replacement or Refund" described in paragraph 1.F.3, the Project
-Gutenberg Literary Archive Foundation, the owner of the Project
-Gutenberg-tm trademark, and any other party distributing a Project
-Gutenberg-tm electronic work under this agreement, disclaim all
-liability to you for damages, costs and expenses, including legal
-fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
-LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
-PROVIDED IN PARAGRAPH 1.F.3.  YOU AGREE THAT THE FOUNDATION, THE
-TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
-LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
-INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
-DAMAGE.
-
-1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
-defect in this electronic work within 90 days of receiving it, you can
-receive a refund of the money (if any) you paid for it by sending a
-written explanation to the person you received the work from.  If you
-received the work on a physical medium, you must return the medium with
-your written explanation.  The person or entity that provided you with
-the defective work may elect to provide a replacement copy in lieu of a
-refund.  If you received the work electronically, the person or entity
-providing it to you may choose to give you a second opportunity to
-receive the work electronically in lieu of a refund.  If the second copy
-is also defective, you may demand a refund in writing without further
-opportunities to fix the problem.
-
-1.F.4.  Except for the limited right of replacement or refund set forth
-in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO OTHER
-WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
-WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.
-
-1.F.5.  Some states do not allow disclaimers of certain implied
-warranties or the exclusion or limitation of certain types of damages.
-If any disclaimer or limitation set forth in this agreement violates the
-law of the state applicable to this agreement, the agreement shall be
-interpreted to make the maximum disclaimer or limitation permitted by
-the applicable state law.  The invalidity or unenforceability of any
-provision of this agreement shall not void the remaining provisions.
-
-1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
-trademark owner, any agent or employee of the Foundation, anyone
-providing copies of Project Gutenberg-tm electronic works in accordance
-with this agreement, and any volunteers associated with the production,
-promotion and distribution of Project Gutenberg-tm electronic works,
-harmless from all liability, costs and expenses, including legal fees,
-that arise directly or indirectly from any of the following which you do
-or cause to occur: (a) distribution of this or any Project Gutenberg-tm
-work, (b) alteration, modification, or additions or deletions to any
-Project Gutenberg-tm work, and (c) any Defect you cause.
-
-
-Section  2.  Information about the Mission of Project Gutenberg-tm
-
-Project Gutenberg-tm is synonymous with the free distribution of
-electronic works in formats readable by the widest variety of computers
-including obsolete, old, middle-aged and new computers.  It exists
-because of the efforts of hundreds of volunteers and donations from
-people in all walks of life.
-
-Volunteers and financial support to provide volunteers with the
-assistance they need are critical to reaching Project Gutenberg-tm's
-goals and ensuring that the Project Gutenberg-tm collection will
-remain freely available for generations to come.  In 2001, the Project
-Gutenberg Literary Archive Foundation was created to provide a secure
-and permanent future for Project Gutenberg-tm and future generations.
-To learn more about the Project Gutenberg Literary Archive Foundation
-and how your efforts and donations can help, see Sections 3 and 4
-and the Foundation information page at www.gutenberg.org
-
-
-Section 3.  Information about the Project Gutenberg Literary Archive
-Foundation
-
-The Project Gutenberg Literary Archive Foundation is a non profit
-501(c)(3) educational corporation organized under the laws of the
-state of Mississippi and granted tax exempt status by the Internal
-Revenue Service.  The Foundation's EIN or federal tax identification
-number is 64-6221541.  Contributions to the Project Gutenberg
-Literary Archive Foundation are tax deductible to the full extent
-permitted by U.S. federal laws and your state's laws.
-
-The Foundation's principal office is located at 4557 Melan Dr. S.
-Fairbanks, AK, 99712., but its volunteers and employees are scattered
-throughout numerous locations.  Its business office is located at 809
-North 1500 West, Salt Lake City, UT 84116, (801) 596-1887.  Email
-contact links and up to date contact information can be found at the
-Foundation's web site and official page at www.gutenberg.org/contact
-
-For additional contact information:
-     Dr. Gregory B. Newby
-     Chief Executive and Director
-     gbnewby@pglaf.org
-
-Section 4.  Information about Donations to the Project Gutenberg
-Literary Archive Foundation
-
-Project Gutenberg-tm depends upon and cannot survive without wide
-spread public support and donations to carry out its mission of
-increasing the number of public domain and licensed works that can be
-freely distributed in machine readable form accessible by the widest
-array of equipment including outdated equipment.  Many small donations
-($1 to $5,000) are particularly important to maintaining tax exempt
-status with the IRS.
-
-The Foundation is committed to complying with the laws regulating
-charities and charitable donations in all 50 states of the United
-States.  Compliance requirements are not uniform and it takes a
-considerable effort, much paperwork and many fees to meet and keep up
-with these requirements.  We do not solicit donations in locations
-where we have not received written confirmation of compliance.  To
-SEND DONATIONS or determine the status of compliance for any
-particular state visit www.gutenberg.org/donate
-
-While we cannot and do not solicit contributions from states where we
-have not met the solicitation requirements, we know of no prohibition
-against accepting unsolicited donations from donors in such states who
-approach us with offers to donate.
-
-International donations are gratefully accepted, but we cannot make
-any statements concerning tax treatment of donations received from
-outside the United States.  U.S. laws alone swamp our small staff.
-
-Please check the Project Gutenberg Web pages for current donation
-methods and addresses.  Donations are accepted in a number of other
-ways including checks, online payments and credit card donations.
-To donate, please visit:  www.gutenberg.org/donate
-
-
-Section 5.  General Information About Project Gutenberg-tm electronic
-works.
-
-Professor Michael S. Hart was the originator of the Project Gutenberg-tm
-concept of a library of electronic works that could be freely shared
-with anyone.  For forty years, he produced and distributed Project
-Gutenberg-tm eBooks with only a loose network of volunteer support.
-
-Project Gutenberg-tm eBooks are often created from several printed
-editions, all of which are confirmed as Public Domain in the U.S.
-unless a copyright notice is included.  Thus, we do not necessarily
-keep eBooks in compliance with any particular paper edition.
-
-Most people start at our Web site which has the main PG search facility:
-
-     www.gutenberg.org
-
-This Web site includes information about Project Gutenberg-tm,
-including how to make donations to the Project Gutenberg Literary
-Archive Foundation, how to help produce our new eBooks, and how to
-subscribe to our email newsletter to hear about new eBooks.
diff --git a/40931.zip b/40931.zip
deleted file mode 100644
index dc70052..0000000
--- a/40931.zip
+++ /dev/null