In 1701 was passed an Act for preventing wrongous imprisonment and against undue delay in trials. But Nevile Payne continued to be untried and illegally imprisoned. Offenders, generally, could “run their letters” and protest, if kept in durance untried for sixty days.
The Revolution of 1688-89, with William’s very reluctant concessions, had placed Scotland in entirely new relations with England. Scotland could now no longer be “governed by the pen” from London; Parliament could no longer be bridled and led, at English will, by the Lords of the Articles. As the religious mainspring of Scottish political life, the domination of the preachers had been weakened by the new settlement of the Kirk; as the country was now set on commercial enterprises, which England everywhere thwarted, it was plain that the two kingdoms could not live together on the existing terms. Union there must be, or conquest, as under Cromwell; yet an English war of conquest was impossible, because it was impossible for Scotland to resist. Never would the country renew, as in the old days, the alliance of France, for a French alliance meant the acceptance by Scotland of a Catholic king.
England, on her side, if Union came, was accepting a partner with very poor material resources. As regards agriculture, for example, vast regions were untilled, or tilled only in the straths and fertile spots by the hardy clansmen, who could not raise oats enough for their own subsistence, and periodically endured famines. In “the ill years” of William, years of untoward weather, distress had been extreme. In the fertile Lowlands that old grievance, insecurity of tenure, and the raising of rents in proportion to improvements made by the tenants, had baffled agriculture. Enclosures were necessary for the protection of the crops, but even if tenants or landlords had the energy or capital to make enclosures, the neighbours destroyed them under cloud of night. The old labour-services were still extorted; the tenant’s time and strength were not his own. Land was exhausted by absence of fallows and lack of manure. The country was undrained, lochs and morasses covered what is now fertile land, and hillsides now in pasture were under the plough. The once prosperous linen trade had suffered from the war of tariffs.
The life of the burghs, political and municipal and trading, was little advanced on the mediæval model. The independent Scot steadily resisted instruction from foreign and English craftsmen in most of the mechanical arts. Laws for the encouragement of trades were passed and bore little fruit. Companies were founded and were ruined by English tariffs and English competition. The most energetic of the population went abroad, here they prospered in commerce and in military service, while an enormous class of beggars lived on the hospitality of their neighbours at home. In such conditions of inequality it was plain that, if there was to be a Union, the adjustment of proportions of taxation and of representation in Parliament would require very delicate handling, while the differences of Church Government were certain to cause jealousies and opposition.
CHAPTER XXIX. PRELIMINARIES TO THE UNION.
The Scottish Parliament was not dissolved at William’s death, nor did it meet at the time when, legally, it ought to have met. Anne, in a message, expressed hopes that it would assent to Union, and promised to concur in any reasonable scheme for compensating the losers by the Darien scheme. When Parliament met, Queensberry, being Commissioner, soon found it necessary (June 30, 1702) to adjourn. New officers of State were then appointed, and there was a futile meeting between English and Scottish Commissioners chosen by the Queen to consider the Union.
Then came a General Election (1703), which gave birth to the last Scottish Parliament. The Commissioner, Queensberry, and the other officers of State, “the Court party,” were of course for Union; among them was prominent that wavering Earl of Mar who was so active in promoting the Union, and later precipitated the Jacobite rising of 1715. There were in Parliament the party of Courtiers, friends of England and Union; the party of Cavaliers, that is Jacobites; and the Country party, led by the Duke of Hamilton, who was in touch with the Jacobites, but was quite untrustworthy, and much suspected of desiring the Crown of Scotland for himself.
Queensberry cozened the Cavaliers—by promises of tolerating their Episcopalian religion—into voting a Bill recognising Anne, and then broke his promise. The Bill for tolerating worship as practised by the Episcopalians was dropped; for the Commissioner of the General Assembly of the Kirk declared that such toleration was “the establishment of iniquity by law.”
Queensberry’s one aim was to get Supply voted, for war with France had begun. But the Country and the Cavalier parties refused Supply till an Act of Security for religion, liberty, law, and trade should be passed. The majority decided that, on the death of Anne, the Estates should name as king of Scotland a Protestant representative of the House of Stewart, who should not be the successor to the English crown, save under conditions guaranteeing Scotland as a sovereign state, with frequent Parliaments, and security for Scottish navigation, colonies, trade, and religion (the Act of Security).
It was also decided that landholders and the burghs should drill and arm their tenants and dependants—if Protestant. Queensberry refused to pass this Act of Security; Supply, on the other side, was denied, and after a stormy scene Queensberry prorogued Parliament (September 16, 1703).