XVII. kingdom shall be subject to the same duties of excise, and the CHAP. same customs on export and import; but that when England raises two millions by a land-tax, 48,000l. shall be raised in Scot- Scotland. land, and in like proportion. It has not been unusual for Scotsmen, even in modern times, while they cannot but acknowledge the expediency of an union, and the blessings which they have reaped from it, to speak of its conditions as less favourable than their ancestors ought to have claimed. For this, however, there does not seem much reason. The ratio of population would indeed have given Scotland about one-eighth of the legislative body, instead of something less than one-twelfth; but no government except the merest democracy is settled on the sole basis of numbers; and if the comparison of wealth and of public contributions was to be admitted, it may be thought that a country, which stipulated for itself to pay less than one-fortieth of direct taxation, was not entitled to a much greater share of the representation than it obtained. Combining the two ratios of population and property, there seems little objection to this part of the union; and in general it may be observed of the articles of that treaty, what often occurs with compacts intended to oblige future ages, that they have rather tended to throw obstacles in the way of reformations for the substantial benefit of Scotland, than to protect her against encroachment and usurpation. This, however, could not be securely anticipated in the reign of Anne; and no doubt the measure was an experiment of such hazard, that every lover of his country must have consented in trembling, or revolted from it with disgust. No past experience of history was favourable to the absorption of a lesser state (at least where the government partook so much of the republican form), in one of superior power and ancient rivalry. The representation of Scotland in the united legislature was too feeble to give any thing like security against the English prejudices and Scotland. CHAP. animosities, if they should continue or revive. The church was XVII. exposed to the most apparent perils, brought thus within the power of a legislature so frequently influenced by one which held her not as a sister, but rather a bastard usurper of a sister's inheritance; and though her permanence was guaranteed by the treaty, yet it was hard to say, how far the legal competence of parliament might hereafter be deemed to extend, or at least how far she might be abridged of her privileges and impaired in her dignity*. If very few of these mischiefs have resulted from the union, it has doubtless been owing to the prudence of our government, and chiefly to the general sense of right, and the diminution both of national and religious bigotry during the last century. But it is always to be kept in mind, as the best justification of those who came into so great a sacrifice of natural patriotism, that they gave up no excellent form of polity, that the Scots constitution had never produced the people's happiness, that their parliament was bad in its composition, and in practice little else than a factious and venal aristocracy; that they had before them the alternatives of their present condition, with the prospect of unceasing discontent half suppressed by unceasing corruption, or of a more honourable, but very precarious separation of the two kingdoms, the renewal of national wars and border-feuds, at a cost the poorer of the two could never endure, and at a hazard of ultimate conquest, which, with all her pride and bravery, the experience of the last generation had shown to be no impossible term of the contest. The union closes the story of the Scots constitution. From its own nature, not more than from the gross prostitution with * Archbishop Tenison said, in the debates on the union, he thought the narrow notions of all churches had been their ruin, and that he believed the church of Scotland to be as true a protestant church as the church of England, though he could not say it was as perfect. Carstares, 759. This sort of language was encouraging; but the exclusive doctrine, or jus divinum, was sure to retain many advocates, and has always done so. Fortunately for Great Britain, it has not had the slightest effect on the laity in modern times. XVII. which a majority had sold themselves to the surrender of their CHAP. own legislative existence, it was long odious to both parties in Scotland. An attempt to dissolve it by the authority of the Scotland. united parliament itself was made in a very few years, and not very decently supported by the whigs against the queen's last ministry. But after the accession of the house of Hanover, the jacobite party displayed such strength in Scotland, that to maintain the union was evidently indispensable for the reigning family. That party comprised a large proportion of the superior classes, and nearly the whole of the episcopal church, which, though fallen, was for some years considerable in numbers. The national prejudices ran in favour of their ancient stock of kings; conspiring with the sentiment of dishonour attached to the union itself, and jealousy of some innovations which a legislature they were unwilling to recognise thought fit to introduce. It is certain that jacobitism, in England little more, after the reign of George I., than an empty word, the vehicle of indefinite dissatisfaction in those who were never ready to encounter peril or sacrifice advantage for its affected principle, subsisted in Scotland as a vivid emotion of loyalty, a generous promptitude to act or suffer in its cause; and even when all hope was extinct, clung to the recollections of the past, long after the very name was only known by tradition, and every feeling connected with it had been wholly effaced to the south of the Tweed. It is believed, that some persons in that country kept up an intercourse with Charles Edward as their sovereign till his decease in 1787. They had given, forty years before, abundant testimonies of their activity to serve him. That rebellion is in more respects than one disgraceful to the British government; but it furnished an opportunity for a wise measure to prevent its recurrence, and to break down in some measure the aristocratical ascendancy, by abolishing the hereditary jurisdictions which, acccording to the genius of the feudal system, were exercised by territorial proprietors VOL. II. 4 U XVII. CHAP. under royal charter or prescription. Much, however, still remains to be done, in order to place that now wealthy and well-inScotland. structed people on a footing with the English, as to the just participation of political liberty; but what would best conform to the spirit of the act of union might possibly sometimes contravene its letter. CHAPTER XVIII. ON THE CONSTITUTION OF IRELAND. Ancient State of Ireland—Its Kingdoms and Chieftainships-Law of Tanistry and Gavel-kind—Rude State of Society-Invasion of Henry II.—Acquisitions of English Barons-Forms of English Constitution established-Exclusion of native Irish from them-Degeneracy of English Settlers-Parliament of Ireland-Disorderly State of the Island-The Irish regain Part of their Territories-English Law confined to the Pale-Poyning's Law-Royal Authority revives under Henry VIII.-Resistance of Irish to Act of Supremacy-Protestant Church established by Elizabeth-Effects of this Measure-Rebellions of her Reign-Opposition in Parliament-Arbitrary Proceedings of Sir Henry Sidney-James I.-Laws against Catholics enforcedEnglish Law established throughout Ireland-Settlements of English in Munster, Ulster, and other Parts-Injustice attending them-Constitution of Irish Parliament -Charles I. promises Graces to the Irish-Does not confirm them-Administration of Strafford-Rebellion of 1641-Subjugation of Irish by Cromwell-Restoration of Charles II.-Act of Settlement-Hopes of Catholics under Charles and James-War of 1689, and final Reduction of Ireland-Penal Laws against Catholics-Dependence of Irish on English Parliament-Growth of a patriotic Party in 1753. XVIII. THE antiquities of Irish history, imperfectly recorded, and CHAP. rendered more obscure by controversy, seem hardly to belong to our present subject. But the political order or state of society Ireland. among that people at the period of Henry II.'s invasion must be distinctly apprehended and kept in mind, before we can pass a judgment upon, or even understand, the course of succeeding events, and the policy of the English government in relation to that island. It can hardly be necessary to mention (the idle traditions of a derivation from Spain having long been exploded) that the Irish are descended from one of those Celtic tribes, which occupied |