The Early History of the Scottish Union Question / Bi-Centenary Edition

quaint little volume of "Instructions to his dearest sonne, Henry the Prince," h

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 peo

nd 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 o

uch as betwixt Inverness or Aberdeen and Edinburgh, for all our marches be dry, and there are ferries between

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 rem

tless 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

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

e 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,

ne 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

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 m

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 wit

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 dif

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 whi

tland, 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 subjec

k 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

approve of the Union and appoint commissioners, was prorogued from time to time, and di

es 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 hi

t 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 th

ined 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 a

issioners on Union should have no power to treat "in any manner of way that may

oclamation, 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 f

he title of King of Great Britain would invalidate all legal processes.[55] The king soon found that he had gone too

on 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 commoner

d 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 t

rious 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 Uni

turalisation, 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

me 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 naturali

or 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 gre

vileges 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 t

nt had been summoned for the 5th of November 1605, when the articles were to have been debated. But the discovery of the

ins 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

rent 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 h

e 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 ow

nger 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 p

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 Guerns

sted 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 cour

ne, 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 Stat

gland, "having Scotland united and Ireland reduced," wo

nvinced. 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,

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 o

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 w

he 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

t the private opinion of a member of the Scottish Parliament was one thing, and his public conduct was another. The Estates w

ght, 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

owns, 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, ho

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

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 e

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 Episcopac

ion 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 sca

. "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 th