150 



SCOTLAND (HISTORY). 



stationary, and was certainly far less progressive 

 than if no Union had ever been contracted. On 

 the 1st of May, 1708, the privy council of Scot- 

 land was abolished, and one privy council was set- 

 tled for the united kingdom. The useful institu- 

 tion of justices of the peace was extended to 

 Scotland. The circuit courts, which brought jus- 

 tice into every district were regulated. The Eng- 

 lish laws of treason, much more savage and harsh 

 than those of Scotland, were also extended to this 

 country; but, to balance this, it was declared that 

 no person who was accused of any crime should 

 hereafter be subject to torture. In addition to 

 these changes, some ecclesiastical measures were 

 adopted, perhaps with equal success, though they 

 were opposed by the church judicatories. Episco- 

 pal congregations were protected as legal; and it 

 was declared, that no forfeiture should be incurred, 

 in consequence of any ecclesiastical censure. The 

 right of patronages was restored to those who 

 were supposed to represent the original founders of 

 the several churches. In order to give effect to all 

 these measures, a secretary of state for Scotland 

 was appointed, who was soon found to be of less 

 use than had been originally conceived. 



The death of Queen Anne, on the 1st of Au- 

 gust, 1714, transferred, under the act of settle- 

 ment, the united crown to George I. The early 

 measures of the new reign were dictated by extreme 

 violence, an impob'cy which produced disaffection 

 in England and rebellion in Scotland A few 

 months of the year 1715 saw the rebellion under 

 the earl of Mar suppressed (see Britain*). Forfei- 

 tures followed in its train, and the jurisdictions 

 which were thus transferred from the ancient pro- 

 prietors, who had only used them for selfish pur- 

 poses, were annexed to the crown. The spirits of 

 men, during these party conflicts, were still greatly 

 embittered; and the year 1718 was marked by the 

 issue of a commission of vengeance, when the ter- 

 rors of insurrection had ceased. Commissioners of 

 Oyer and Terminer sat at Perth, Dundee, at the 

 county town of Fife, and at. Kelso on the Tweed, 

 to inquire into the treasons which had been com- 

 mitted in 1715. But the firmness of the grand 

 juries in negativing the presentments, taught their 

 rulers the wisdom of forbearance, after justice had 

 had her sacrifices. In the subsequent year, there 

 was an invasion of North-Britain by a small num- 

 ber of attainted nobles, on the western coast of 

 Ross-shire, which was soon repulsed. The parlia- 

 ment, in 1725, enacted, that the highlanders should 

 be disarmed ; and this was performed with mildness 

 and discretion by General Wade. But insurgents 

 of a very different sort soon came upon the stage. 

 The malt-tax, which had occasioned, during the late 

 reign, a motion in parliament for a dissolution of 

 the Union, was extended over Scotland during the 

 present. The voice of every party and every per- 

 son in this country was now raised in reprobation 

 of this hated measure. An insurrection broke out 

 at Glasgow, on the 24th June, 1725, in which the 

 house of its representative in parliament was sacked, 

 and the king's troops expelled the city. Every 

 town and village was ready to imitate their example ; 

 and the king's servants at length saw that the 

 united passions of a whole people must be respected. 

 They abolished the office of secretary of state for 

 Scotland, and sent to that country, as a confidential 

 agent, the earl of Islay, a nobleman of uncommon 

 address and talents, yet of little scrupulosity in his 

 means. General Wade with Duncan Forbes, the 



king's advocate, marched at the head of an army 

 into Glasgow. The principal insurgents were ar- 

 rested; the magistrates of that city were carried 

 prisoners to Edinburgh, where they were not long 

 detained. By great efforts of management, and 

 perseverance, the malt-tax was enforced with .some 

 mitigations; but a proper respect was henceforth 

 paid to the spirit of the people. 



In June, 1726, the king invited the convention 

 of royal burghs "to prepare schemes for their 

 future welfare." Royal trustees were appointed, 

 in 1727, for carrying those schemes into practical 

 effect. A royal bank was at the same time estab- 

 lished, at Edinburgh. In 1723, a society for the im- 

 provement of agriculture was formed at Edinburgh, 

 consisting of the most distinguished personages in 

 Scotland. This society continued its meetings and 

 exertions till the rebellion in 1745 shed its baneful 

 influences upon it. 



Meantime, the death of George I., on the 10th 

 May, 1727, transferred his crown, under the act of 

 settlement, to George II. The ten years of peace 

 which succeeded his death, contributed to the national 

 prosperity. A war began, in 1738, with Spain, which 

 drew on hostilities with France, in 1744 ; and, in ad- 

 dition to the calamities of both, Scotland was soon 

 involved in the miseries of insurrection. Much had 

 been done for preserving quiet; yet more remained 

 to be carried into effect, during the existing cir- 

 cumstances, for giving vigour to law, and teaching 

 obedience to the governed. The whole country 

 was distracted by domestic faction. The districts 

 lying northward of the Forth were actuated by dis- 

 contents, which were peculiar to themselves. Of 

 all those dissatisfactions, the king's ministers were 

 amply informed ; yet were unable, or unwilling, 

 during unpropitious times, to apply adequate reme- 

 dies to those various disorders. In this state of 

 affairs, the nation was threatened with an invasion 

 from France. In August, 1745, the standard of 

 revolt was raised, within the recesses of the high- 

 lands, under the auspices of a grandson of James 

 VII., who now claimed what his grandfather was 

 declared to have forfeited. The successes of the 

 revolted, during eight months, evinced the weak- 

 ness and impolicy of the king's ministers. At length, 

 on the 16th of April, 1746, that rebellious standard 

 was torn down for ever, at the battle of Culloden. 



On the 25th of March, 1747, an act " for taking 

 away heritable jurisdictions," was passed. Other 

 laws were passed, for giving full effect to that 

 salutary measure. It was objected, indeed, that 

 those jurisdictions had been saved by the Union, 

 to the proprietors. But, it was observed, that the 

 power of parliament had been also reserved to alter 

 the union, for the obvious melioration of the whole 

 people. And another principle of the constitution 

 was brought in to aid that reservation ; by declar- 

 ing that the fair value of those private rights 

 should be settled by the court of session, and paid 

 for by the public. The great object appears to 

 have been " to make effectual provision for the 

 regular administration of justice throughout North- 

 Britain, by the king's judges." Such were the 

 measures arising from the rebellion of 1745, which 

 gave completeness to the union of 1707- 



By the abrogation and sale of hereditary juris- 

 dictions, the poverty of the nobles was relieved 

 and the people were emancipated from their oppres- 

 sive coercion. In 1755, the situation of Scotland 

 attracted the peculiar attention of Pelham's ad- 

 ministration, and from that period the benefits of 



