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withdrawn.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._”

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