CHAPTER IX

THE UNION OF THE CROWNS

1568-1625

When Mary fled to England, Elizabeth refused to see her, on the ground

that she ought first to clear herself from the suspicion of guilt in

connection with the murder of Darnley. In the end, Mary agreed that the

case should be submitted to the judgment of a commission appointed by

Elizabeth, and she appeared as prosecuting Moray and his friends as

rebels and traitors. They defended themselves by bringing accusations

against Mary, and produced the Casket Letters and other documents in

support of their assertions. Mary asked to be brought face to face with

her accusers; Elizabeth thought the claim "very reasonable", and refused

it. Mary then asked for copies of the letters produced as evidence

against her, and when her request was pressed upon Elizabeth's notice by

La Mothe Fénélon, the French ambassador, he was informed that

Elizabeth's feelings had been hurt by Mary's accusing her of

partiality.[80] Mary's commissioners then withdrew, and Elizabeth closed

the case, with the oracular decision that, "nothing has been adduced

against the Earl of Moray and his adherents, as yet, that may impair

their honour or allegiances; and, on the other part, there has been

nothing sufficiently produced nor shown by them against the queen, their

sovereign, whereby the Queen of England should conceive or take any evil

opinion of the queen, her good sister, for anything yet seen". So

Elizabeth's "good sister" was subjected to a rigorous imprisonment, and

the Earl of Moray returned to Scotland, with an increased allowance of

English gold. Henceforth the successive regents of Scotland had to guide

their policy in accordance with Elizabeth's wishes. If they rebelled,

she could always threaten to release her prisoner, and, once or twice in

the course of those long, weary years, Mary, whose nature was buoyant,

actually dared to hope that Elizabeth would replace her on her throne.

While Mary was plotting, and hope deferred was being succeeded by hope

deferred and vain illusion by vain illusion, events moved fast. In

November, 1569, the Earls of Northumberland and Westmoreland raised a

rebellion in her favour, which was easily suppressed. In January, 1570,

Moray was assassinated at Linlithgow, and the Earl of Lennox, the father

of Darnley, and the traitor of Mary's minority, succeeded to the

regency, while Mary's Scottish supporters, who had continued to fight

for her desperate cause, were strengthened by the accession of Maitland

of Lethington, who, with Kirkaldy of Grange, also a recruit from the

king's party, held Edinburgh Castle for the queen. Mary's hopes were

further raised by the rebellion of the Duke of Norfolk, whose marriage

with the Scottish queen had been suggested in 1569. Letters from the

papal agent, Rudolfi, were discovered, and, in June, 1572, Norfolk was

put to death. Lennox had been killed in September, 1571, and his

successor, the Earl of Mar, was approached on the subject of taking

Mary's life. Elizabeth was unwilling to accept the responsibility for

the deed, and proposed to deliver up Mary to Mar, on the understanding

that she should be immediately killed. Mar, who was an honourable man,

declined to listen to the proposal. But, after his death, which occurred

in October, 1572, the new regent, the Earl of Morton, professed his

willingness to undertake the accomplishment of the deed, if Elizabeth

would openly acknowledge it. This she refused to do, and the plot

failed. It is characteristic that the last Douglas to play an important

part in Scottish history should be the leading actor in such a plot as

this.

The castle of Edinburgh fell in June, 1573, and with its surrender

passed away Mary's last chance in Scotland. Morton held the regency till

1578, when he was forced to resign, and the young king, now twelve years

old, became the nominal ruler. In 1581, Morton was condemned to death as

"airt and pairt" in Darnley's murder, and Elizabeth failed in her

efforts to save him. Mary entered into negotiations with Elizabeth for

her release and return to Scotland as joint-sovereign with James VI, and

the English queen played with her prisoner, while, all the time, she was

discussing projects for her death. The key to the policy of James is his

desire to secure the succession to the English crown. To that end he was

willing to sacrifice all other considerations; nor had he, on other

grounds, any desire to share his throne with his mother. In 1585, he

negotiated a league with England, which, however, contained a provision

that "the said league be without prejudice in any sort to any former

league or alliance betwixt this realm and any other auld friends and

confederates thereof, except only in matters of religion, wheranent we

do fully consent the league be defensive and offensive". As we are at

the era of religious wars, the latter section of the clause goes far to

neutralize the former. Scotland was at last at the disposal of the

sovereign of England. Even the tragedy of Fotheringay scarcely produced

a passing coldness. On the 8th February, 1587, Elizabeth's warrant was

carried out, and Mary's head fell on the block. She was accused of

plotting for her own escape and against Elizabeth's life. It is probable

that she had so plotted, and it would be childish to express surprise or

indignation. The English queen, on her part, had injured her kinswoman

too deeply to render it possible to be generous now. Mary had sent her,

on her arrival in England, "a diamond jewel, which", as she afterwards

reminded her, "I received as a token from you, and with assurance to be

succoured against my rebels, and even that, on my retiring towards you,

you would come to the very frontiers in order to assist me, which had

been confirmed to me by divers messengers".[81] Had the protection thus

promised been vouchsafed, it might have spared Elizabeth many years of

trouble. But it was now too late, and the relentless logic of events

forced her to complete the tale of her treachery and injustice by a deed

which she herself could not but regard as a crime. But while this excuse

may be made for the deed itself, there can be no apology for the manner

of it. The Queen of England stooped to urge her servants to murder her

kinswoman; when they refused, she was mean enough to contrive so as to

throw the responsibility upon her secretary, Davison. After Mary's

death, she wrote to King James and expressed her sincere regret at

having cut off the head of his mother by accident. James accepted the

apology, and, in the following year, made preparations against the

Armada. Had the son of Mary Stuart been otherwise constituted, it would

scarcely have been safe for Elizabeth to persevere in the execution of

his mother; an alliance between Scotland and Spain might have proved

dangerous for England. But Elizabeth knew well the type of man with whom

she had to deal, and events proved that she was wise in her generation.

And James, on his part, had his reward. Elizabeth died in March, 1603,

and her successor was the King of Scots, who entered upon a heritage,

which had been bought, in the view of his Catholic subjects, by the

blood of his mother, and which was to claim as its next victim his

second son. Within eighty-five years of his accession, his House had

lost not only their new kingdom, but their ancestral throne as well. In

all James's references to the Union, it is clear that he regarded that

event from the point of view of the monarch; had it proved of as little

value to his subjects as to the Stuart line there would have been small

reason for remembering it to-day. The Union of England and Scotland was

one of the events most clearly fore-ordained by a benignant fate: but it

is difficult to feel much sympathy for the son who would not risk its

postponement, when, by the possible sacrifice of his personal ambition,

he might have saved the life of his mother.

There are certain aspects of James's life in Scotland that explain his

future policy, and they are, therefore, important for our purpose. In

the first place, he spent his days in one long struggle with the

theocratic Church system which had been brought to Scotland by Knox and

developed by his great successor, Andrew Melville. The Church Courts,

local and central, had maintained the old ecclesiastical jurisdiction,

and they dealt out justice with impartial hand. In all questions of

morality, religion, education, and marriage the Kirk Session or the

Presbytery or the General Assembly was all-powerful. The Church was by

far the most important factor in the national life. It interfered in

numberless ways with legislative and executive functions: on one

occasion King James consulted the Presbytery of Edinburgh about the

raising of a force to suppress a rebellion,[82] and, as late as 1596, he

approached the General Assembly with reference to a tax, and promised

that "his chamber doors sould be made patent to the meanest minister in

Scotland; there sould not be anie meane gentleman in Scotland more

subject to the good order and discipline of the Kirk than he would

be".[83] Andrew Melville had told him that "there is twa kings and twa

kingdomes in Scotland. Thair is Chryst Jesus the King and his Kingdom

the Kirk, whase subject King James the Saxt is: and of whase Kingdom

nocht a King, nor a lord, nor a heid, bot a member."[84] James had done

his utmost to assert his authority over the Church. He had tried to

establish Episcopacy in Scotland to replace the Presbyterian system, and

had succeeded only to a very limited extent. "Presbytery", he said,

"agreeth as well with a king as God with the Devil." So he went to

England, not only prepared to welcome the episcopal form of

church-government and to graciously receive the episcopal adulation so

freely showered upon him, but also determined to suppress, at all

hazards, "the proud Puritanes, who, claining to their Paritie, and

crying, 'We are all but vile wormes', yet will judge and give Law to

their king, but will be judged nor controlled by none".[85] "God's

sillie vassal" was Melville's summing-up of the royal character in

James's own presence. "God hath given us a Solomon", exulted the Bishop

of Winchester, and he recorded the fact in print, that all the world

might know. James was wrong in mistaking the English Puritans for the

Scottish Presbyterians. Alike in number, in influence, and in aim, his

new subjects differed from his old enemies. English Puritanism had

already proved unsuited to the genius of the nation, and it had given up

all hope of the abolition of Episcopacy. The Millenary Petition asked

only some changes in the ritual of the Church and certain moderate

reforms. Had James received their requests in a more reasonable spirit,

he might have succeeded in reconciling, at all events, the more moderate

section of them to the Church, and at the very first it seemed as if he

were likely to win for himself the blessing of the peace-maker, which

he was so eager to obtain. But just at this crisis he found the first

symptoms of Parliamentary opposition, and here again his training in

Scotland interfered. The Church and the Church alone had opposed him in

Scotland; he had never discovered that a Parliament could be other than

subservient.[86] It was, therefore, natural for him to connect the

Parliamentary discontent with Puritan dissatisfaction. Scottish Puritans

had employed the General Assembly as their main weapon of offence; their

English fellows evidently desired to use the House of Commons as an

engine for similar purposes. Therefore said King James, "I shall make

them conform themselves, or I will harry them out of the land, or else

do worse". So he "did worse", and prepared the way for the Puritan

revolution. If the English succession enabled the king to suppress the

Scottish Assembly, the Assembly had its revenge, for the fear of it

brought a snare, and James may justly be considered one of the founders

of English dissent.

A violent hatred of the temporal claims of the Church also affected

James's attitude to Roman Catholicism. His Catholic subjects in Scotland

had not been in a position to do him any harm, and the son of Mary

Stuart could not but have some sympathy for his mother's

fellow-sufferers. Accordingly, we find him telling his first Parliament:

"I acknowledge the Roman Church to be our Mother Church, although

defiled with some infirmities and corruption". But, after the Gunpowder

Plot, and when he was engaged in a controversy with Cardinal Perron

about the right of the pope to depose kings, he came to prove that the

pope is Antichrist and "our Mother Church" none other than the Scarlet

Woman. His Scottish experience revealed clearly enough that the claims

of Rome and Geneva were identical in their essence. There is on record

an incident that will serve to illustrate his position. In 1615, the

Scottish Privy Council reported to him the case of a Jesuit, John

Ogilvie. He bade them examine Ogilvie: if he proved to be but a priest

who had said mass, he was to go into banishment; but if he was a

practiser of sedition, let him die. The unfortunate priest showed in his

reply that he held the same view of the royal supremacy as did the

Presbyterian clergy. It was enough: they hanged him.

Once more, James's Irish policy seems to have been influenced by his

experience of the Scottish Highlands. He had conceived the plan which

was afterwards carried out in the Plantation of Ulster--"planting

colonies among them of answerable inland subjects, that within short

time may reforme and civilize the best-inclined among them; rooting out

or transporting the barbarous or stubborne sort, and planting civilitie

in their roomes".[87] Although James continued to carry on his efforts

in this direction after 1603, yet it may be said that the English

succession prevented his giving effect to his scheme, and that it also

interfered with his intentions regarding the abolition of hereditary

jurisdictions, which remained to "wracke the whole land" till after the

Rising of 1745.

On the 5th April, 1603, King James set out from Edinburgh to enter upon

the inheritance which had fallen to him "by right divine". His departure

made considerable changes in the condition of Scotland. The absence of

any fear of an outbreak of hostilities with the "auld enemy" was a great

boon to the borders, but there was little love lost between the two

countries. The union of the crowns did not, of course, affect the

position of Scotland to England in matters of trade, and beyond some

thirty years of peace, James's ancient kingdom gained but little. King

James, who possessed considerable powers of statesmanship, if not much

practical wisdom, devised the impossible project of a union of the

kingdoms in 1604. "What God hathe conjoyned", he said, "let no man

separate. I am the Husband, and all the whole Isle is my lawful wife....

I hope, therefore, that 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 to two wives." He desired to see a complete union--one king,

one law, one Church. Scotland would, he trusted, "with time, become but

as Cumberland and Northumberland and those other remote and northern

shires". Commissioners were appointed, and in 1606 they produced a

scheme which involved commercial equality except with regard to cloth

and meat, the exception being made by mutual consent. The discussion on

the Union question raised the subject of naturalization, and the rights

of the _post-nati_, _i.e._ Scots born after James's accession to the

throne. The royal prerogative became involved in the discussion and a

test case was prepared. Some land in England was bought for the infant

grandson of Lord Colvill, or Colvin, of Culross. An action was raised

against two defendants who refused him possession of the land, and they

defended themselves on the ground that the child, as an alien, could not

possess land in England. It was decided that he, as a natural-born

subject of the King of Scotland, was also a subject of the King of

England. This decision, and the repeal of the laws treating Scotland as

a hostile country, proved the only result of the negotiations for union.

The English Parliament would not listen to any proposal for commercial

equality, and the king had to abandon his cherished project.

James had boasted to his English Parliament that, if they agreed to

commercial equality, the Scottish estates would, in three days, adopt

English law. It is doubtful if the acquiescence even of the Scottish

Parliament would have gone so far; but there can be no doubt that the

English succession had made James more powerful in Scotland than any of

his predecessors had been. "Here I sit", he said, "and governe Scotland

with my pen. I write and it is done, and by a clearke of the councell I

governe Scotland now, which others could not doe by the sword." The

boast was justified by the facts. The king's instructions to his Privy

Council, which formed the Scottish executive, are of the most

dictatorial description. James gives his orders in the tone of a man who

is accustomed to unswerving obedience, and he does not hesitate to

reprove his erring ministers in the severest terms of censure. The whole

business of Parliament was conducted by the Lords of the Articles, who

represented the spiritual and temporal lords, and the Commons. All the

bishops were the king's creatures, and by virtue of their position,

entirely dependent on him. It was therefore arranged that the prelates

should choose representatives of the temporal lords, and they took care

to select men who supported the king's policy. The peers were allowed to

choose representatives of the bishops, and could not avoid electing the

king's friends, while the representatives of the spiritual and temporal

lords choose men to appear for the small barons and the burgesses. In

this way the efficient power of Parliament was completely monopolized,

and none dared to dispute the king's will. Even the Church was reduced

to an unwilling submission, which, from its very nature, could only be

temporary. He forbade the meeting of a General Assembly; and the

convening of an Assembly at Aberdeen, in defiance of his command, in

1605, served to give him an opportunity of imprisoning or banishing the

Presbyterian leaders. He had to give up his scheme of abolishing the

Presbyterian Church courts, and contented himself with engrafting on to

the existing system the institution of Episcopacy, which had practically

been in abeyance since 1560, although Scotland was never without its

titular prelates. Bishops were appointed in 1606; presbyteries and

synods were ordered to elect perpetual moderators, and the scheme was

devised so that the moderator of almost every synod should be a bishop.

The members of the Linlithgow Convention, which accepted this scheme,

were specially summoned by the king, and it was in no sense a free

Assembly of the Church. But the royal power was, for the present,

irresistible; in 1610 an Assembly which met at Glasgow established

Episcopacy, and its action was, in 1612, ratified by the Scots

Parliament. Three of the Scottish bishops[88] received English orders,

to ensure the succession; but, to prevent any claim of superiority,

neither English primate took any part in the ceremony. In 1616, the

Assembly met at Aberdeen, and the king made five proposals, which are

known as the Five Articles of Perth, from their adoption there in 1618.

The Five Articles included:--(1) The Eucharist to be received kneeling;

(2) the administration of the sacrament of the Lord's Supper to sick

persons in private houses; (3) the administration of Baptism in private

houses in cases of necessity; (4) the recognition of Christmas, Good

Friday, Easter, and Pentecost; and (5) the episcopal benediction.

Scottish opposition centred round the first article, which was not

welcomed even by the Episcopalian party, and it required the king's

personal interference to enforce it in Holyrood Chapel, during his stay

in Edinburgh in 1616-17. His proposal to erect in the chapel

representations of patriarchs and saints shocked even the bishops, on

whose remonstrances he withdrew his orders, incidentally administering a

severe rebuke to the recalcitrant prelates, "at whose ignorance he could

not but wonder". Not till the following year were the articles accepted

at Perth, under fear of the royal displeasure, and considerable

difficulty was experienced in enforcing them.

The only other Scottish measures of James's reign that demand mention

are his attempts to carry out his policy of plantations in the

Highlands. As a whole, the scheme failed, and was productive of

considerable misery, but here and there it succeeded, and it tended to

increase the power of the government. The end of the reign is also

remarkable for attempts at Scottish colonization, resulting in the

foundation of Nova Scotia, and in the Plantation of Ulster.

FOOTNOTES:

[Footnote 80: Fénélon, i, 133 and 162.]

[Footnote 81: Mary to Elizabeth, 8th Nov., 1582. Strickland's _Letters

of Mary Stuart_, i, p. 294.]

[Footnote 82: Calderwood, _History of the Kirk of Scotland_, v, 341-42.]

[Footnote 83: _Ibid_, pp. 396-97.]

[Footnote 84: James Melville's _Autobiography and Diary_, p. 370.]

[Footnote 85: _Basilikon Doron_.]

[Footnote 86: Cf. the present writer's _Scottish Parliament before the

Union of the Crowns_.]

[Footnote 87: _Basilikon Doron_.]

[Footnote 88: The old controversy about the relation of the Church of

Scotland to the sees of York and Canterbury had been finally settled, in

1474, by the erection of St. Andrews into a metropolitan see. Glasgow

was made an archbishopric in 1492.]

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