CHAPTER VII

A New Ministry in Scotland--Scenes in the Parliament House--The

Act of Security becomes Law--England retaliates by passing the

Alien Act.

Before the next session of the Scottish Parliament there had been a

change in the Scottish Ministry. The ‘Scots Plot,’ in connection with

which Queensberry had played such a sorry part, had proved to

Godolphin that a new Commissioner must be appointed; and Queensberry

was discarded in favour of Tweeddale, who formed a Ministry in which

Johnston of Warriston was Lord Register, Cromartie was Secretary of

State, and Seafield Chancellor. He succeeded, moreover, in securing

the support of several members of the Country Party, among whom

Rothes, Roxburghe, Belhaven, and Dundas of Arniston were prominent.

This party took the name of the New Party; and the Government in

London hoped that the Opposition would now be so far weakened that

nothing more would be heard of the Act of Security.

Parliament met in the beginning of July 1704. The Queen’s Speech urged

the necessity of settling the Protestant Succession in Scotland, and,

at the same time, promised that the royal assent would be given to any

proper means of securing the liberties and the independence of

Scotland; but it was soon found that the Estates were as intractable

as ever. Hamilton at once moved ‘that this Parliament will not proceed

to the nomination of a successor to the Crown until we have had a

previous treaty with England in relation to our commerce, and other

concerns with that nation.’

On this subject there were long debates, in which Fletcher, says

Lockhart, ‘did elegantly and pathetically set forth the hardships and

miseries to which we have been exposed since the Union of the two

Crowns of Scotland and England in one and the same Sovereign.’ At last

Hamilton moved that the Act of Security and an Act granting supplies

to the Crown should be tacked together. When this proposal was

discussed, Johnston said that the plan of ‘tacking’ was reasonable in

England where there were two Houses, and where the Commons might be

forced to bring the Lords to reason by sending up a Money Bill along

with some measure which the Upper House would not otherwise pass. Such

a system, he argued, did not suit the Scottish Parliament, which

consisted of only one chamber. It was, moreover, ‘a straitening of the

Queen, who might possibly consent to the one and not to the other.’

‘Now,’ said Fletcher, ‘it appears there must be a bargain, and unless

the Parliament go into the measures laid down in England, nothing must

be done; and he who spoke last has undertaken to obtain these measures

to be performed here. I know,’ he went on, ‘and can make it appear

that the Register has undertaken to persecute the English designs for

promotion to himself.’

On this some of the members called out that Fletcher should be sent to

the bar of the House for using such language.

Fletcher, backed up by Hamilton, then declared that the Queen’s letter

had been written when no Scotsman was with her, and must, therefore,

have been concocted under English influence. Johnston denied this, and

said that the draught of the letter had been sent up from Scotland.

Fletcher still maintained that he was right; and on this Sir James

Halket called out that Saltoun was impertinent. To this Fletcher’s

reply was that any member who used such words of him was a rascal.

‘The House,’ says Sir David Hume, ‘being alarmed at such expressions,

Sir James Erskine moved both should be sent to prison.’ The incident

ended by the Chancellor giving a ‘sharp rebuke’ to both the honourable

members, who were forced to express their regret, and to promise, upon

their word of honour, that they would not take any notice elsewhere of

what had happened.

In the end the House decided that the Act of Security should be read a

first time, and should, along with the Act of Supply, lie on the table

until it was known whether it was to receive the royal assent. It was

soon found that the Scottish Parliament had at last gained the day;

and in the beginning of August the Act of Security received the royal

assent. On this the Estates voted the supplies.

During the rest of the session Fletcher spoke frequently. He was

especially indignant against the House of Lords for an address which

they had presented to the throne on the subject of the Scots Plot; and

he went so far as to move that ‘the House of Peers in England their

address to the Queen to use her endeavours to get the succession of

England settled in Scotland, and inquiring into the plot, so far as it

concerned Scotland and Scotsmen, was an undue intermeddling with our

affairs, and an encroachment upon the sovereignty and independency of

Scotland; and that the behaviour of the House of Commons in these

matters was like good subjects of our Queen, and as neighbourly

friends of this nation.’

The feeling of the Estates may be gathered from the fact that they

refused to approve of the conduct of the Commons, but agreed to

censure the House of Lords. Nothing done by the English Parliament was

right.

Just before the end of the session Fletcher brought in a measure for

the purpose of adding eleven county members to the Parliament, and one

more, in future, for every new peer who might be created. Hamilton, at

the same time, introduced an ‘Act about free voting in Parliament,’

the object of which was to exclude from the House officers in the

army, collectors of customs, and some other persons in the pay of the

Crown.

On the 24th of August, Fletcher moved the second reading of his

measure; and, as soon as he sat down, Hamilton moved the second

reading of his. On this Fletcher said, ‘The member who has just spoken

contradicts himself,’ and explained that Hamilton had been in favour

of the measure for adding to the county members, which he was now

hindering.

Hamilton at once complained of the way in which he had been spoken of,

and offered to go to the bar, ‘If I have said anything amiss.’

‘Such reckoning,’ cried Fletcher, ‘is for another place.’

Hamilton retorted that he did not refuse to give that satisfaction

either. ‘The Chancellor,’ says Sir David Hume, ‘took notice of both

their expressions, and moved, that first Salton should crave my Lord

Commissioner and the House pardon, if without design he had said

anything that gave offence; which, after a long struggle he was

prevailed with to do, if Duke Hamilton would do the like, and which

both did, and promised, on their word of honour, there should be no

more word of what had passed.’

Four days after this incident the session ended. The Act of Security

was now law. Fletcher and his friends were triumphant, and more

hostile to England than ever; while the people of England were not

only indignant, but alarmed by the news that the Scots were buying

arms, and meeting for drill in every parish, under the provisions of

the Act of Security.

The prospect was very dark; but there were some rays of light, the

resignations of Nottingham and Seymour, the most violent members of

the Tory party, making it possible that the claims of Scotland to

equal treatment with England might be acknowledged. But England was

not in a mood to be trifled with. A week after the royal assent had

been given to the Act of Security, the battle of Blenheim was fought.

Marlborough was now at the summit of his power; and the alliance

between him and Godolphin alone saved the latter from falling before

the storm of indignation which greeted him for advising the Queen to

allow the Act to become law. The Government had been successful both

in England and abroad; and the Opposition fixed upon the one

vulnerable point--their Scottish policy. The Act of Security was

printed and circulated throughout the country. The nations, it was

pointed out, were now separated by law; and for this Godolphin was

responsible. Wharton boasted that he had the Lord Treasurer’s head in

a halter, and swore that he would draw it tight. It was believed that

large quantities of arms were arriving in Scotland from the Continent,

and that the people were being drilled for the purpose of fighting

against England. Godolphin himself, a man of few words and great

experience, did not share in the general panic. ‘People,’ he told

Queensberry afterwards at another crisis, ‘who mean to fight, do not

talk so much about it.’ His invariable answer to all the abuse which

was hurled at his head was that there would have been more danger in

refusing the royal assent than in giving it; and he added that the

danger was ‘not without a remedy.’

There can be little doubt that this remedy was the Union. But there

were not many Englishmen who had the long experience or the calmness

of Godolphin. The Scots, it was said, never wanted the will, and now

they have the power, to attack us. France will find the money. They

themselves will find the men, and their long-suppressed hatred against

England will burst forth. Scotland must either be reduced by force of

arms, or the militia must be embodied, and Parliament must petition

the Queen to see that those gentlemen who allowed the Act of Security

to pass may have the honour of defending the borders. By their policy

they have undone the Union, such as it is, which has existed since

the death of Elizabeth, and have separated the countries. On them,

therefore, the danger should fall. Much that was very foolish and very

false was said and written; but even to the coolest heads in England

the peril seemed great, not on account of any immediate danger from

the army in Scotland, but on account of the state of the Succession

question. The situation was that England was now shut up to these

alternatives:--either, on the death of Anne, she must make war on

Scotland, conquer the country, and hold it by force of arms, without

any attempt at constitutional government; or she must allow a separate

King to sit on the Scottish throne; or she must consent to an Union,

and at last submit to give Scotland an equal share in English trade.

Godolphin saw this. So did Somers and Halifax. Everything depended on

the course taken by the English Parliament.

The English Parliament met on the 25th of October 1704; and what

followed is in marked contrast to the irregular proceedings of the

Scottish Estates. The strife of parties was as keen in London as in

Edinburgh. The factions were as violent; but the proceedings at

Westminster were regular and orderly. Speed there was; but everything

was done with that punctilious attention to forms which makes the

resolutions of the English Parliament, by whatever angry passions the

members may be influenced, so doubly weighty, not only because they

are the decisions of the representatives of a great and powerful

nation, but because they are framed, revised, and adopted in such an

orderly method, that to read the journals of the Lords and Commons (a

vast mine of constitutional law, which is too much neglected) gives

the student of our history an impressive idea of strength and

durability.

In the Queen’s Speech Scotland was not mentioned; but a month later

Haversham called the attention of the Lords to the state of that

country. He attacked the Scottish policy of the Government, and said

it proved that the Ministry had not honestly tried to settle the

Succession question. ‘There are,’ he said, ‘two matters of all

troubles--much discontent and great poverty. Whoever will now look

into Scotland will find them both in that kingdom.’ And the character

of this people, so poor and so discontented, made their condition all

the more dangerous to England. The nobles and the gentlemen of

Scotland were as brave as could be found in Europe. The common people

were the same, yet they were all alike poor and discontented. By the

Act of Security they could choose a King for themselves, and they

could arm the whole nation; and who could tell what dangers might not

be in store for England if, on the death of the Queen, with France to

help them, and with a King of their own, they chose to make war. ‘I

shall end,’ he said, ‘with an advice of my Lord Bacon’s. “Let men,”

says he, “beware how they neglect or suffer matter of troubles to be

prepared; for no man can forbid the sparks that may set all on fire.”’

It was resolved that, on the 29th of November, the House should go

into committee ‘to consider of the state of the nation in reference to

Scotland.’

On the appointed day there was a full muster of the peers; the Queen

was present; and Rochester moved that the Act of Security be read. In

this he was supported by the Tories, and by the High Churchmen in

particular; but the Whigs resisted this motion, on the ground that

there was no authentic copy before the House, and the debate

proceeded.

Godolphin, who, it was noticed at the time, did not shrink from the

responsibility of having advised the Queen to give the royal assent,

said that it had been absolutely necessary to allow the Act of

Security to become law. The danger of refusing it would have been

greater than the danger of granting it. He deplored the system of

irritating the Scottish people by constant interference in their

business. Everything, in his opinion, would come right, if they would

only let the Scots alone.

Burnet followed on the same side. Ever, he said, since the Union of

the Crowns Scotland had been mismanaged. What could have been more

reckless than the conduct of England in the reign of Charles I.? At

the Restoration a promise had been given that Scotland would be

governed in accordance with the wishes of the people. This promise had

been broken, and during the reigns of Charles II. and James II. the

Scots had been persecuted and oppressed. At the Revolution religious

persecution ceased; but since then the commercial policy of England

had been enough to provoke them beyond endurance.

This plain speaking was not very palatable to an assembly of

Englishmen, but those Scotsmen who listened to the debate were

delighted. ‘The Whigs,’ Roxburghe wrote to Baillie of Jerviswoode,

‘were modest in their business, but the Tories were mad.’

It was evident that there was a considerable difference of opinion

between the two great parties as to the proper method of dealing with

the Scottish question. Somers and Halifax, Rochester and Nottingham,

alike regarded the Act of Security as dangerous, but they differed as

to the course which England should pursue. Nottingham and his friends

were for condemning the Act by a vote of the House; but the Whigs

resisted this, on the ground that it amounted to a vote of censure on

the Scottish Parliament. Somers, in a few weighty words, moved the

adjournment of the debate. England, he said, must protect herself

against the consequences of the Act of Security; but whatever was

done, must be done calmly and without panic.

On the 6th of December he resumed the debate, when he laid down the

principle that the Parliament of England must prove to the Scottish

people that if they insisted on a complete separation they would be

the greatest losers. He suggested, therefore, that an Act should be

passed so framed as to bring the issue clearly and distinctly before

them; an Act, for instance, imposing certain disabilities on the

Scots, which would only be removed if they settled the Succession as

it had been settled in England. Above all things, he urged the

necessity of adopting none but deliberate and well-considered

measures.

The result of these debates was that on the 14th of March 1705, the

last day of the session, the royal assent was given to the statute

which empowered the Queen to name Commissioners to treat for an Union,

provided that the Scottish Parliament passed a similar measure; but

the statute, at the same time, declared that, after the 25th of

December 1705, natives of Scotland were to be held as aliens until the

Succession was settled in Scotland as it already was in England. This

was the chief clause of this important measure, which was therefore

known as the Alien Act.

The news of what had been done was received with an outburst of

indignation in Scotland; but the Union was now inevitable.

Fletcher of Saltoun · 第 7 / 10 章