Check all the Clans that have DNA Projects. If your Clan is not in the list there's a way for it to be listed.
Glenora Single Malt Whisky

Electric Scotland's Classified Directory An amazing collection of unique holiday cottages, castles and apartments, all over Scotland in truly amazing locations.
Scottish Review

Click here to get a Printer Friendly Page

Scotland and the Scots
The Union Treaty


THE modern history of Scotland dates from the adoption of the treaty of Union. In fact, that historic document must he regarded as the central point in the entire history of the ancient kingdom, for as we read the .records of the country's progress prior to 1707 in the light of its subsequent story, we find that every event led up to some such treaty being drawn between Scotland and England, while the blessings and prosperity which have since attended both have been primarily due to its existence and influence.

So far as opinion in England, was concerned, however, the idea of union was always associated with that of conquest. Scotland was considered as simply a province somewhat larger than Northumbria, and its geographical position as well as feudal ties and engagements, were adduced in support of the theory. It was long seen, although not often expressed, that England could not fully develop itself while on its northern frontier lay a brave, watchful, and ruthless enemy, in close alliance with France, and ready on every chance to cross the Tweed. The only way by which this national weakness could be overcome was by crushing the spirit of the northern land and placing it under the control of the English Government, a conquered province. From a southern point of view, and in connection with this theory, no English sovereign showed more true statesmanship than did Edward I.—or "Edward Longshanks," as the Scots dubbed him. He appreciated the fact that it was absolutely necessary for the island tobe under one head—to be one country; and to this end he mainly devoted his life. He crushed Wales relentlessly and trusted to accomplish as much by his energetic attention to the northern kingdom. More than once the problem seemed solved. But the delusion was always short-lived, and when just about to enter the country for a last and grand effort the great king died—the most fortunate death which the history of Scotland records. Edward's assaults on Scotland, beyond the fact that wise statesmanship showed the necessity of the two countries being united, had no plea for their justification. The old fables of homage and allegiance, the contemptible spirit shown by the nobility, the oaths of John Baliol, or the political necessities of the times, did not, even when taken together, form sufficient warrant for the forcible annexation of a sister nation.

Edward's Scotch campaigns were characterized by excessive cruelty and destruction, and whenever a section of the country was in the power of his troops he ruled it with an iron hand. But there is every evidence that, after he had demonstrated his power to the people, he intended taking them into the English commonwealth on reasonably favorable and honorable terms. This is the only really redeeming feature which the history of his Scotch campaigns presents to us, and proves him to have been more than merely a tyrannical and bloodthirsty conqueror. According to his arrangement, the country was to be governed by a lieutenant directly representing the monarch, with the advice and assistance of a council composed of the nobility and clergy. The two named estates were, of course, loyal to Edward at that epoch, and would have obeyed his behests or agreed only upon such legislation or enactments as would he inspired by him or which were certain to meet his approval. The immediate result of such an arrangement was certain to strengthen the personal power of the English king, but its weakest point was that if, in times to come, the nobility and clergy became more patriotic, they had the opportunity of weakening and harassing that power. However, it was a step in the direction of popular government, a certain amount of gain, although useless for the time. But Edward did more than this, for he gave Scotland a direct, although small, representation in the English Parliament. Four barons, four churchmen, and two members of the House of Commons were to form the Scotch contingent, and these ten deputies actually did attend one Parliament in London. One of the two members of the House of Commons represented that part of Scotland which lay south of the firths of Forth and Clyde, while the other was supposed to be the mouth piece of all to the north of those estuaries. But the Scots did not take kindly to Edward's manifestations of good intentions. The reforms which came to them on the points of English arrows, and as the result of cowardice and selfishness on the part of their own national leaders, failed to gild or soften the yoke which the southern king had placed upon them, and another rebellion burst it asunder. Edward II. tried to complete his father's work, but the defeat at Bannockburn settled the question so far as he was concerned. Edward III. essayed the role of his grandfather, but although he overrun part of the kingdom, crowned a Baliol, and accepted his allegiance, his efforts bore no lasting fruit and Scotland remained as free and as threatening as ever. After his time no serious attempt to subjugate the country by force of arms was made by England, but diplomacy did not abandon the hope of accomplishing alone what it failed to do when assisted by the sword. The marriage of James IV. to Margaret Tudor was hailed as a forecast of a golden era of international peace and so it certainly proved, although not exactly as was expected ; for on sea as well as on land Scotsmen carried on war with England, and the battle of Flodden was the last event in James' reign. But through this marriage the great-grandson of James IV. became the recognized heir to the English throne and ascended to it in 1603 as king over the whole island of Britain.

In Scotland, until it became probable that King James VI. would be the successor of Queen Elizabeth, such a thing as a close political, indissoluble union was never thought about, or if it did enter the brains of some northern statesmen they took care never to give it expression. As conquest was the watchword on the southern side of the Tweed, so independence was the rallying cry on the north, and the heavier the blows of the English hammer the more stubborn and unyielding became the Scottish determination to maintain the national liberty. Commercial union, except to a very limited extent, was never attempted, for the ancient alliance between Scotland and France interfered and hampered any efforts or negotiations in that direction. The Continent formed a better field for the buying and exchanging of merchandise than Scottish merchants could find in England, and, besides, the maintenance of close relations with the "auld ally" was often necessary to prevent too unscrupulous advances on part of the auld enemy.

When James VI. ascended the English throne and became James I. of Great Britain, the rejoicing in Scotland was great. A Scotsman, a descendant of Bruce, ruled over the English, and fulfilled the old prophecy about the old coronation stone of Scone, which had been carried to Westminster Abbey by Edward I. One of the versions of the prophecy was:

"Wherever fate this stone may bring,
There a Scotsmen shall be king,"

and so it proved. Then the long war was over, the danger of the country being devastated or the towns despoiled or burned by invading armies was at all the Borders were no longer to be a ''debatable land" where warlike weapons were oftener in use than agricultural implements, and where feud, foray, raid, assault, reiving, rueing, and quarreling made up the daily routine of life. It was thought that the whole of England lay at the feet of Scotland, and that the mercantile progress of the country was assured. With two such fields of operations as France and England, the prospects of the Scottish merchants seemed to be of the most glowing description. They would enjoy all the benefits of a complete union with England without losing one iota of their country's independence, or without political interference from the new ally, and the national vanity was gratified by seeing a Scottish king wielding the sceptre of Edward I. The union for which Longshanks fought had come to pass, but Scotland was the victor and had brought England into the fold.

But it was a dream. The pleasant anticipations had really no foundation, and the discovery was made that two countries might have the same king without having their individual interests thereby amalgamated. Neither in England or Scotland could it be said that the king was the State, although James VI. and his successor foolishly believed that such was the case. In Scotland the first result of James' accession to the throne of England was the impoverishment of the country. Most of the nobility followed him in his progress to the South, the court was deserted, the adventurous spirits tried their luck in London, trade was dispersed, and instead of English gold flowing into Scotland the opposite was the case. Scottish merchants did not fare very well in the dealings they attempted with their new southern allies, and in every way possible the latter showed their contempt for their northern fellow-subjects. Scotland gained nothing from the good fortune of the king but peace, and was a loser in many essential points. Had James been a statesman instead of a conceited pedant, things might have been very different; but his notions, practice, and policy, seemed rather to separate the nations than to draw the bonds of fraternity and friendship around them. He affected to despise the Scottish people and joined readily in the laughter of his new courtiers at their poverty and ignorance, compared with the wealth and wisdom of London and other centres in England. The poverty of the nobility of the North and their eagerness for choice positions in court of the British Soloman were in marked contrast to the munificence of the Southern barons, while the subserviency of the Episcopal priesthood, as well as the semi-papal magnificence of the Episcopal ritual and churches, were more pleasing to the silly mind of the monarch than the cold, bleak kirks north of the Tweed, or the haranguings, disputations, criticisms, and fault-findings of the Presbyterian clergy. King James really did attempt in one way to unite both countries, but his base of operations, interfering with the religious liberty of the Scottish people, was wrong, and he adopted the old English theory of submission and conquest. He desired one form of religion to prevail over the entire island, and the form which found favor in his eyes was that which obtained in England and of which he was the supreme head. James had always been in favor of an Episcopal form of Church government, but when in 1592 the bishops and bishop rule were swept out of Scotland, and Presbyterian polity was established, his sacred majesty, as he liked to be called, seemed to acquiesce in the arrangement.

In 1606, however, after he was firmly seated on the English throne, James got the Scottish Parliament to pass an act restoring the bishoprics, and three new bishops—Glasgow, Brechin and Galloway—were at once consecrated. From this act sprung the Covenanting movement, which made the relations between the countries as severely strained as ever, and gave to Scottish history many of its grander and nobler incidents, although it caused havoc and bloodshed all over the land. In the wars between Charles I. and his parliaments, Scotland bore her share, and the trickery of that unfortunate king often led her into positions which her own devotion to the royal house of Stuart on the one hand, and her love of political liberty on the other, could not harmonize, much less justify. The people became divided between sentiment and duty, and the result of the division was that Cromwell completely overrun the country and reduced it to a greater degree of subjection than did any of the Plantagenets. Cromwell understood the requirements of a real union better than the divine-right rulers, and, after tranquilizing the country by force, he put his statesmanlike ideas into practice. His scheme of union was ratified in 1654, and by it thirty members of the British Parliament were to be chosen in Scotland. Free trade was established between the two countries, and feudal dues and restrictions were abolished. Under his firm rule trade and commerce revived, public confidence in the stability of his government increased, civil wars and private broils were at an end, and the middle and lower classes were better off than they had been for several generations. But, as usual, Scotland had to pay dearly for her "whustle." The taxation of the Protectorate was excessive—often as high as £10,000 a month—and the presence of English soldiers and some English judges caused a feeling of humiliation to sadden the otherwise pleasant outlook. The restoration of Charles H. dissipated all the good that the wise measures of Cromwell had inaugurated. The Navigation Act rescinded the free-trade privilege, Epicopacy was re-established, the Covenant persecution became bitter and cruel, and the ''Drunken Parliament " passed a law in 1662 which forced 350 Presbyterian ministers to resign their charges rather than violate the dictates of their consciences. The Sanquhar "Declaration" of Richard Cameron and Donald Cargill, in which it was boldly stated that King Charles had forfeited the crown by his treachery, and that it was perfectly justifiable for any one to kill him or his brother and heir-apparent, the Duke of York, expressed the views of the most extreme sect among the Covenanters as to the cause for the terrible condition of things under which the country suffered; but all classes of the people were more or less discontented, except perhaps a few nincompoop noblemen and courtiers whose consciences were as weak and whose debauchertes were as disgusting as their divine-right master's. Under the misgovernment of Charles, the entente cord/ale between the two countries was wiped out of existence, and such sanguinary encounters as Drumclog and Bothwell Bridge made the question of union become as visionary as it was in the days of James V. Charles' brother did not mend matters during the three years lie was permitted to occupy the throne, and the Revolution of 1688 was hailed as a relief by the majority of the people of both countries.

Under the guidance of Principal Carstaires the government of William and Mary commenced well in Scotland. Episcopacy was again pulled down and what is known as the Revolution Settlement made Presbyterianism paramount north of the Tweed. William probably intended to give Scotland a good and generous administration in which justice, peace and civil and religious liberty were to he the features. But the wild although brilliant campaign of Dundee showed him that the main hope for the security of his crown lay in England. His ignorance of the country caused his administration to be disgraced by many mistakes, of which the massacre of Glencoe was the most famous and most glaring, while his leaning towards England governed his conduct in connection with the Darien scheme. William and his advisers, however, saw that such a condition of ill-feeling could not long exist between the two countries without open warfare being the result, especially as James II. and his son were in France, ready to seize any emergency which pointed to restoration, and the question of a complete political and commercial union became a foremost topic in the court. Just as the English Parliament began seriously to consider the question King William died, March 8, 1701.

The death of the king was not regarded as a calamity in Scotland. William had died from the effects of a fall from his horse, which stumbled on a mole-hill, and the innocent mole was toasted in Scotland very kindly by Whigs as well as Jacobites as "the little gentleman in the black velvet coat" whose work had brought a Stuart again to the throne.

But the accession of Queen Anne, although it pleased all parties, brought the question of union or no union home to both countries in a very direct and importunate fashion. The queen was childless, and on the happy settlement of the succession to the throne depended the future peace and prosperity of the island. Remembering the past, and especially with the Darien fiasco foremost in contemporary history, the Scottish Estates determined to maintain their entire independence of England. In 1700, the year before William's death, the English Parliament passed an Act of Settlement, by which the crown, upon the death of Anne without heirs, was to go to the Princess Sophia, Electress Dowager of Hanover, and her heirs. It was expected that the Scottish Estates would follow the example of the Southern Parliament and pass a similar law, seeing that the electress was the direct descendant of James VI., and that thus the crowns would remain united and peace continue to prevail. But neither the Scottish Estates nor the Scottish people were willing to follow the English lead in this important matter, and, instead of an Act of Settlement, an Act of Security was passed. This enactment provided that should Anne die without leaving any children, the whole power of the crown was to be centered in the Scottish Parliament until it had chosen a successor to her, and the said successor was to be of the royal line and of the Protestant religion. The new sovereign was to rule only under such conditions as would preserve the independence of the crown and the nation from any English or other foreign intrigues or machinations, and was not to be permitted to wear the crowns of the two countries unless the Scots were to have equal trading and navigation privileges with England. The act also made provision for the raising of an army of such size as to make its requirements be respected whenever occasion should arise. This act was favorably received by all sections of the community, and a general sentiment in favor of entire separation from England was openly expressed unless entire commercial equality was to prevail between the countries. In the South the act was regarded in the light of a defiance, and such it certainly was, and several enactments of the English Parliament tended to widen the breach between the peoples. An inopportune incident, also happened just at that critical juncture which might have resulted in absolute separation, had not the queen's advisers acted with a degree of shrewdness which Englishmen had seldom if ever before shown in connection with Scotch affairs.

The Scotch ship Annandale, which was lying in the Thames ready to start on a trading voyage to India, was seized in 1704 by the English East India Company, as the latter did not care to have Scottish merchants interfering with the trade of a country which they held in monopoly. The act aroused much indignation in Scotland, and was taken as an evidence that the English would not permit Northern traders to have equal commercial rights with them even in territories subject to the common sovereign, and made the idea of any union or surrender of rights be further away than ever. Soon after a chance for reprisal offered itself when the English vessel Worcester, another India trader, was forced into the Forth by stress of weather. The vessel was seized, and, from some remarks made when in liquor by one of the crew, it was soon believed that they had been concerned in the murder of the captain and crew of one of the Darien vessels which was missing. Captain Thomas Green, of the Worcester, his mate and crew, fifteen men in all, were arrested and tried before the Court of Admiralty in Edinburgh for their lives. Popular feeling ran high against them, and the facts that the Worcester was better armed than was usual with vessels of her class, and that among her papers a cipher was found, made it clear to the agitated minds of the people that the ship was a pirate instead of a trader. When the trial came off it was found that there was really no evidence against Captain Green, and had his crew not contained several cowards it is questionable if the court would have convicted any one. But one negro testified that the Worcester on the Coromandel coast had hoarded and captured a vessel bearing a red flag and manned by people speaking the English language. They threw the crew overboard and sold the ship and cargo. Hearsay evidence was given by another negro and by the ship's surgeon, the supercargo's mate, the ship's cooper, and a seaman, and a local witness testified that Captain Green had shown him a seal having the arms of the Scottish African and Indian Company. The entire evidence was of the most flimsy description, but the jury turned every surmise into a fact and answered the popular clamor for the blood of the prisoners by bringing in a verdict finding them all guilty. A disposition was shown in several quarters to obtain a reprieve from the crown for the condemned, but the very suggestion aroused the populace to frenzy and the effort was not Persisted in. In April, 1705, Captain Green, his mate, and a gunner were conveyed to Leith amidst the curses of the people and executed. This consummation seemed to allay the popular wrath, and no effort was made to bring about the execution of the others.

Of course all this aroused a strong feeling in England, but it showed the statesmen on both sides of the Tweed the necessity for a complete union, and that such a union could only be accomplished by concessions from both parties. The English wished to retain their colonial and continental trade ; the Scotch were determined to retain their own laws and their own independence. To illustrate the condition of affairs by a modern example, the Scots were in favor of commercial union, the English favored annexation pure and simple. To harmonize these diverse interests was the task of the hour, and, hurried on by the events connected With the fate of Captain Green, Queen Anne and her ministry, headed by Godolphin, essayed to solve it. The entire matter was referred to a body of English and Scotch commissioners selected by the queen's advisers, care being taken to appoint only those who kv,ue known to be in favor of a close union between the countries.

Into the details of the negotiations and discussions between the commissioners there is no need of entering here, and a Scotsman could hardly chronicle them without a feeling of shame. No matter how much the treaty may have benefited Scotland, there is no doubt that the Scotch commissioners agreed to many of its provisions after being liberally bribed by the English, and gold and fair promises Of future honors and promotions caused a majority of the Scottish Estates to ratify the treaty. The nobility of Scotland in the reign of Queen Anne were just as ready to sell their country as were their predecessors in the time of Wallace and at other critical epochs in the history of the land. Of course there were honorable exceptions—such as Lord Belhaven—whose speech against the union was a noble and unanswerable piece of eloquence, although Lord Marchmont, with a bribe of £1,104 in his pocket, pronounced it a dream—but the exceptions were not numerous enough to save the roll of the Scottish peerage as a whole from being branded as infamous. The only section of the community which came out of the negotiations with any degree of honor was the Church, and at its behest an act for securing Presbyterianism in the land was passed and appended to the treaty. The entire union measure, however, was received with the utmost abhorrence by the people. Riots in Glasgow, Edinburgh and elsewhere made many tremble lest the populace would overrule the law and overturn the government unless military measures were resorted to, and many of the leading advocates and signers of the treaty had to resort to flight or concealment to protect their lives. The following lines by Burns, probably based upon an earlier poem, fairly express the sentiments entertained in Scot- land regarding the treaty and its advocates

Fareweel to a' ou Scottish fame,
Fareweel our ancient glory;
Fareweel e'en to the Scottish name,
Sae faisi'd in martial story.
Now Sark runs o'er the Solway sands,
And Tweed runs to the ocean,
To mark where England's province stands—
Such a parcel of rogues in a nation.

"What force or guile could not subdue
Through many warlike ages,
Is wrought now by a coward few
For hireling traitors' wages.
The English steel we could disdain,
Secure in valor's station,
But English gold has been our bane—
Such a parcel of rogues in a nation.

"O would, or I had seen the day
That treason thus could sell us,
My auld grey head had lain in clay
Wi' Bruce an' loyal Wallace.
But pith, and power, till my last hour
I'll make this declaration,
We're bought and sold for English gold—
Such a parcel of rogues in a nation."

The treaty itself, which, with the rider referring to the Church, is here given in full, is deserving of careful study at the present (lay', when the air is full of rumors as to political changes, and when the development of home-rule theories and the evident growth of a sentiment in favor of imperial confederation may lead to movements or encourage legislation in which what is left of the distinct nationality of Scotland may be swept away or be still further obscured. in the notes I have endeavored briefly to throw light upon various provisions of the treaty, and incidentally to illustrate the cowardice and knavery of the Scotch commissioners.

ACT RATIFYING AND APPROVING THE TREATY OF THE TWO KINGDOMS
OF SCOTLAND AND ENGLAND.

January 16, 1707.

The Estates of Parliament considering that articles of Union of the Kingdoms of Scotland and England were agreed on the 22nd of July 1706 years, by the commissioners nominated on behalf of this kingdom, under Her Majesty's Great Seal of Scotland, bearing (late the 27th of February last past, in pursuance of the fourth Act of the third Session of this Parliament, and the commissioners nominated On behalf of the kingdom of England, under Her Majesty's Great Seal of England, hearing date at Westminster the 10th day of April last past, in pursuance of an Act of Parliament made in England the third year of Her Majesty's reign, to treat of and concerning a union of the said kingdoms; which articles were, in all humility, presented to Her Majesty upon the 23d of the said month of July, and were recommended to this Parliament by Her Majesty's royal letter of the date the 31st day of July, 1706; and that the said Estates of Parliament have agreed to, and approven of the said Articles of Union, with some additions and explanations, as is contained in the articles hereafter insert. And sick-like, Her Majesty, with advice and consent of the Estates of Parliament, resolving to establish the Protestant religion and Presbyterian Church government within this kingdom, has passed in this Session of Parliament an Act, entituled, 'Act for securing of the Protestant Religion and Presbyterian Church Government,' which, by the tenor thereof, is appointed to be insert in any Act ratifying the Treaty, and expressly declared to be a fundamental and essential condition of the said 'Treaty of Union in all time coming. Therefore Her Majesty, with advice and consent of the Estates of Parliament, in fortification of the approbation of the articles as above mentioned, and for their further and better establishment of the same, upon full and mature deliberation upon the foresaid Articles of Union and Act of Parliament, doth ratify, approve, and confirm the same, with the additions and explanations con- tamed in the said articles, in manner, and under the provisions after mentioned, whereof the tenor follows:

I. That the two kingdoms of Scotland and England shall, upon the 1st day of May next ensuing the date hereof, and for ever after, be united into one kingdom by the name of Great Britain, [This clause in the treaty, it is c!aimed by the Scot.', has virtually become a dead letter, as far at least as the English are concerned. Everything is "English." Scotland is ignored and Great Britain is seldom talked about. The English Parliament,"" the English army" are the usual terms in which the British House of Commons and British soldiers are mentioned. This has naturally aroused much indignation in Scotland, and public protests on the platform and the press are frequent. There is no doubt that there is good ground for complaint, but candor compels me to acknowledge that the Scots are equally great sinners in this regard. If a Scot b--comes famous either in the army, the navy, literature, science or art, the Scottish newspapers and public speakers do not call him a Briton, but glory in the fact that he is a Scot. The best result of the agitation on this theme is to keep alive a popular knowledge on both sides of the Tweed that the Treaty of Union between the two kingdoms really exists. The name Great Britain—or "Great Brittany' rather—was first prnpnse.l by James VI. after his accession to the English throne.] and that the ensigns armorial of the said United Kingdom he such as Her Majesty shall appoint, and the crosses of St. Andrew and St. George be conjoined in such manner as Her Majesty shall think fit [This was suggested by the Scots commissioners as being the readiest way of settling a matter which, although trivial in itself, might have caused considerable trouble.] and used in all flags, banners, standards and ensigns, both at sea and land.

II. That the succession to the monarchy of the United Kingdom of Great Britain, and of the dominions thereunto belonging, after Her Most Sacred Majesty, and in default Of issue of Her Majesty, be, remain, and continue to the most Excellent Princess Sophia, Electoress and Duchess Dowager of Hanover, and the heirs of her body, being Protestants, upon whom the crown of England is settled by an Act of Parliament made in England in the twelfth year of the reign of His late Majesty King William III., entituled, ''An Act for the further Limitation of the Crown, and better securing the Rights and Liberties of the Subject." And that all Papists, and persons marrying Papists, shall be excluded from, and for ever incapable to inherit, possess, or enjoy the Imperial Crown of Great Britain, and the dominions thereunto belonging, or any part thereof, and in every such case the Crown and Government shall, from time to time, descend to, and he enjoyed by such person, being a Protestant, as should have inherited and enjoyed the same in case such Papist, or person marrying a Papist, was naturally dead, according to the provision for the descent of the Crown of England, made by another Act of Parliament in England in the first year of the reign of their late Majesties King William and Queen Mary, entitu led " An Act declaring the Rights and Liberties of the Subject, and settling the Succes- sion of the Crown."

III. That the United Kingdom of Great Britain be represented by one and the same Parliament, to he styled the Parliament of Great Britain. [The adoption of this articla did away with an office - that of Lord Chancellor of Scotland— which had existed since the time of Alexander I., and had been held by many of the brightest men in the country. The Lord Chancellor presided over the Scottish Parliament was the head of the judicial system, the chief adviser of the King and keeper of the great seal. The Lord Chancellor at the time the treaty was passed was the gail of Seafield. He was a zealous advocate in its favor, and gladly accepted his share of the plunder which was distributed among noblemen of his stamp On April 22, 1707, when the Scottish Parliament broke up for the last time, Seafield, in his glee at the fulfillment of a work in which he took such a prominent part, said wish erim humour, "There is the end of an auld sang." A brother of this noble scoundrel characterized his conduct at the time in fitting terms. Seafield had objected to his brother trading in cattle as being derogatory to the family rank. "Take your own tale hame," said the brother; "I only sell nowt (cattle), but you sell nations,"]

IV. That all the subjects of the United Kingdom of Great Britain shall, from and after the Union, have full freedom and intercourse of trade and navigation, to and from any port or place within the said United Kingdom, and the dominions and plantations thereunto belonging, and that there he a communication of all other rights, privileges, and advantages which do or may belong to the subjects of either kingdom, except where it is otherwise expressly agreed in these articles.

V. That all ships or vessels belonging to Her Majesty's subjects of Scotland, at the time of ratifying the Treaty of Union of the two kingdoms in the Parliament of Scotland, though foreign built, he deemed and pass as ships of the build of Great Britain. The owner, or, where there are more owners, one or more of the owners, within twelve months after the 1st of May next, making oath that at the time of ratifying the Treaty of Union in the Parliament of Scotland, the same did, in whole or in part, belong to him or them, or to some other subject or subjects of Scotland, to be particularly named, with the place of their respective abodes, and that the same doth then, at the time of the said deposition, wholly belong to him or them, and that no foreigner, directly or indirectly, hath any share, part, or interest therein ; which oath shall be made before the chief officer or officers of the customs, in the port next to the abode of the said owner or owners ; and the said officer or officers shall le empowered to administer the said oath ; and the said oath, being so administered, shall be attested by the officer or officers who administered the same, and, being registered by the said officer or officers, shall be delivered to the master of the ship for security of her navigation, and a duplicate thereof shall be transmitted by the said officer or officers to the chief officer or officers of the customs in the Port of Edinburgh, to be there entered in a register, and from thence to be sent to the Port of London, to be there entered in the general register of all trading ships belonging to Great Britain.

VI. That all parts of the United Kingdom forever, from and after the Union, shall have the same allowances, encouragements, and drawbacks, and be under the same prohibitions, restrictions, and regulations of trade, and liable to the same customs and duties on import and export; and that the allowances, encouragements, and drawbacks, prohibitions, restrictions, and regulations of trade, and the customs and duties on import and export settled in England, when the Union. commences, shall, from and after the Union, take place throughout the whole United Kingdom, [This clause was bitterly opposed by Scottish merchants, who thought it involved the ruin of their own trade with the Continent, as it bought the to to a level with the competition of Southern traders. They did not see the use of having free trade with England while their own foreign trade was to be imperilled by restrictions, regulations and payments from which it had hithe to been free,] excepting and reserving the duties upon export and import of such particular commodities from which any persons, the subjects of either kingdom, are specially liberated and exempted by their private rights, which after the Union are to remain safe and entire to them, in all respects, as before the same ; and that, from and after the Union, no Scots cattle carried into England shall he liable to any other duties, either on the public or prvate accounts, than these duties to which the cattle of England are or shall be liable within the said kingdom. Anti seeing, by the laws of England, there are rewards granted upon the exportation of certain kinds of grain, wherein oats, grinded or ungrinded, are not expressed, That from and after the Union, when oats shall be sold at 15s. sterling per quarter or under, there shall be paid 2S. 6d. sterling for every quarter of the oatmeal exported in the terms of the law, whereby, and so long as rewards are granted for exportation of other grains, and that the I)ere of Scotland have the same rewards as barley. And in respect the importation of victual into Scotland from any place beyond sea would prove a discouragement to tillage, Therefore, that the prohibition, as now in force by the law of Scotland, against importation of victual from Ireland, or any other place beyond sea, into Scotland, do after the Union remain in the same force as now it is, until more proper and effectual ways be provided by the Parliament of Great Britain for discouraging the importation of the said victual from beyond sea.

VII. That all parts of the United Kingdom be forever, from and after the Union, liable to the same excises upon all excisable liquors, excepting only that the thirty-four gallons English barrel of beer or ale, amounting to twelve gallons Scots, present measure, sold in Scotland by the brewer at 9s. 6d. sterling, excluding all duties, and retailed, including duties and the retailer's profit, at 2d. the Scots pint, or eighth part of the Scots gallon, be not, after the Union, liable, on account of the present excise upon excisable liquors in England, to any higher imposition than 2s. sterling upon the aforesaid thirty-four gallons English barrel, being twelve gallons the present Scots measure, and that the excise settled in England on all other liquors, when the Union commences, take place throughout the whole United Kingdom. [This section was regarded with popular disfavor in Scotland. Prior to the Union the excise in Scotland was farmed Out 10 the different districts, and the collections were easy and were made according to the convenience of those who had to pay. The business was really transacted by neighbors in a neighborly fashion. After the Union the Boards of excise controlled from London introduced a stricter regime, with severe penalties for infringement of the law or delinquency in payments.]

VIII. That, from and after the Union, all foreign salt which shall be imported into Scotland shall be charged, at the importation there, with the same duties as the like salt is now charged with, being imported into England, and to he levied and secured in the same manner. But in regard the duties of great quantities of foreign salt imported may be very heavy on the merchants importers, That therefore all foreign salt imported into Scotland shall be cellared and locked up under the custody of the merchant importer and the officers employed for levying the duties upon salt; and that the merchant may have what quantities thereof his occasion may require, not under a weigh of forty bushels at a time, giving security for the duty of what quantity he receives, payable in six months; but Scotland shall, for the space of seven years from the said Union, be exempted from paying in Scotland for salt made there the duty or excise now payable for salt made in England; but, from the expiration of the said seven years, shall be subject and liable to proportional duties for salt made in Scotland as shall be then payable for salt made in England, to be levied and secured in the same manner and with the same drawbacks and allowances as in England, with this exception, That Scotland shall, after the said seven years, remain exempted from the duty of 2s. 4d. a bushel on home salt, imposed by an Act made in England in the ninth and tenth of King William III. of England. And if the Parliament of Great Britain shall, at or before the expiring of the said seven years, substitute any other fund in place of the said 2s. 4d. of excise on the bushel of home salt, Scotland shall, after the said seven years, bear a proportion of the said fund, and have an equivalent in the terms of this Treaty; and that, during the said seven years, there shall be paid in England, for all salt made in Scotland, and imported from thence into England, the same duties upon importation as shall be payable for salt made in England, to be levied and secured in the same manner as the duties on foreign salt are to he levied and Secured in England. And that, after the said seven years, how long the said duty of 2s. 4d. a bushel upon 5alt is continued in England, the said 2s. 4d. a bushel shall be payable for all salt made in Scotland and imported into England, to he levied and secured in the same manner; and that (luring the continuance of the duty of 2s. 4d. a bushel upon salt made in England, no salt whatsoever be brought from Scotland to England by land in any manner, under the penalty o' forfeiting the salt and the cattle and carriages made use of in bringing the same, and paying 20s. for every bushel of such salt, and proportionally for a greater or lesser quantity, for which the carrier as well as the owner shall be liable jointly and severally, and the persons bringing or carrying the same to be imprisoned by any one justice of the peace by the space of six months, without bail, and until the penalty be paid. And for establishing an equality in trade, That all fleshes exported from Scotland to England, and put on board in Scotland, to be exported to parts beyond the seas, and provisions for ships in Scotland and for foreign voyages, may be salted with Scots salt, paying the same duty, for what salt is so employed as the like quantity or such salt pays in England, and under the same penalties, forfeitures, and previsions for preventing of frauds as are mentioned in the laws of England; and that, from and after the Union, the Laws and Acts of Parliament in Scotland for pineing, curing, and packing of herrings, white fish, and salmon for exportation with foreign salt only, without any mixture of British or Irish salt, and for preventing of frauds in curing and packing of fish, be continued in force in Scot- land, subject to such alterations as shall be made by the Parliament of Great Britain; and that all fish exported from Scotland to parts beyond the seas, which shall be cured with foreign salt only, and without mixture of British or Irish salt, shall have the same eases, premiums, and drawbacks as are or shall be allowed to such persons as export the like fish from England; and that, for encouragement of the herring fishing, there shall be allowed and paid to the subjects inhabitants of Great Britain, during the present allowances for other fishes, 10s. 5d. sterling for every barrel of white herrings which shall he exported from Scotland; and that there shall he allowed 5s. sterling for every barrel of beef or pork salted with foreign salt, without mixture of British or Irish salt, and exported for sale from Scotland to parts beyond sea, alterable by the Parliament of Great Britain. And if any matters or fraud relating to the said duties on salt shall hereafter appear, which are not sufficiently provided against by this article, the same shall he subject to such further provisions as shall be thought fit by the Parliament of Great Britain.

IX. That whenever the sum of £1,997,763 8s. 4½d. shall be enacted by the Parliament of Great Britain, to be raised in that part of the United Kingdom now called England, oil and other things usually charged in Acts of Parliament there for granting an aid to the Crown by a land tax, that part of the United Kingdom now called Scotland shall be charged by the same Act with a further sum of £48,000, free of all charges, as the quota of Scotland to such tax, and so proportionally for any greater or lesser sum raised in England by any tax on land, and other things usually charged, together with the land; and that such quota for Scotland, in the cases aforesaid, be raised and collected in the same manner as the cess now is in Scotland, but subject to such regulations in the manner of collecting as shall be made by the Parliament of Great Britain. [That is to say, Scotland agreed to pay one-fortieth of the direct taxation of the United Kingdom, and, on the ground that representation should be regulated by taxation, many hold that the English commissioners were particularly generous in allowing the Scots the number of parliamentary representatives they did.]

X. That during the continuance of the respective duties on stamped paper, vellum, and parchment, by several Acts now in force in England, Scotland shall not be charged with the same respective duties.

XI. That during the continuance of the duties payable in England on windows and lights, which determines on the 1st day of August, 1710, Scotland shall not be charged with the same duties.

XII. That during the continuance of the duties payable in England on coals, culin, and cinders, which determines the 3oth day of September, 1710, Scotland shall not be charged therewith for coals, cuim, and cinders consumed there, but shall he charged with the same duties as in England for all coal, culm, and cinders not consumed in Scotland.

XIII. That during the continuance of the duty payable in England on malt, which determines the 24th day of June, 1707, Scotland shall not be charged with that duty.

XIV. That the kingdom of Scotland be not charged with any other duties laid on by the Parliament of England before the Union, except those consented to in this Treaty, in regard, it is agreed, that all necessary provisions shall be made by the Parliament of Scotland for the public charge and service of that kingdom for the year 1707; provided, nevertheless, that if the Parliament of England shall think fit to lay any further impositions by way of customs or such excises, with which, by virtue of this Treaty, Scotland is to be charged equally with England, in such case Scotland shall he liable to the same customs and excises, and have an equivalent to be settled by the Parliament of Great Britain ; with this further provision, that any malt to be made and consumed in that part of the United Kingdom now called Scotland shall not he charged with any imposition upon malt during this present war. And seeing it cannot he supposed that the Parliament of Great Britain will ever lay any sorts of burdens upon the United Kingdom but what they shall find of necessity at that time for the preservation and good of the whole, and with due regard to the circumstances and abilities of every part of the United Kingdom
Therefore it is agreed that there be no further exemption insisted upon for any part of the United Kingdom, but that the consideration of any exemptions, beyond what are already agreed on in this Treaty, shall he left to the determination of the Parliament of Great Britain. [This article, and the four preceding, were merely introduced for the temporary protection of Scotland.]

XVI [This article is the keystone of the treaty, and but for it the document would never have become law. It provided a fund from which the Scottish commissioners and others might be bribed to consent to all its provisions, either directly or indirectly. Among the sums paid were: Duke of Montrose, £200: Duke of Athole, £1000; Duke of Roxburgh, £500; Marquis of Tweeddale, £1000; Earl of Marchmont. £1104; Earl of Cromarty, £300; Earl of Balcarres, £500; Earl of Dunmore, £200; Earl of Eglinton, £200; Earl of Forfar, £100; Earl of Glencairn, £100; Earl of Kintore, £100; Earl of Findlator. £100; Earl of Seafield, £490; Lord Prestonhall, £200: Lord Ormiston, £200; Lord Anstruther, £300; Lord Fraser, £100; Lord Polwarth [or Cesnock], £50; Lord Forbes, £50; Lord Elibark, £50; Lord Banff, £11 2s! Well may we exclaim. "Such a parcel of rogues in a nation." That a peer should sell his vote and his country for £11, may be regarded as about the most contemptible transaction on record. Even the Provost of Ayr got £100. The Lords Ordinary were to receive £500 a year instead of £100, and all the law Servants of the crown received gratuities or increased salaries. When the story of this wholesale bribery became partly known the people were furious, and when the money was taken to Edinburgh to be divided the citizens could only be kept from destroying it by sheer force of arms. They regarded the gold in the closely guarded wagons as being the price paid in exchange for the delivery of the liberty of the kingdom into the hands of the English. Possibly had they realized that the money was to be repaid by Scotland into the British treasury, even the protection of the military would have been insufficient to prevent the coffers and their contents being thrown into the Nor' Loch. As Sir Walter Scott says: "The Parliament of Scotland was bribed with the public money belonging to their own country. In this way Scotland herself was made to pay the price given to her legislators for the sacrifice of her independence."] Whereas by the terms of this Treaty the subjects of Scotland, for preserving an equality of trade throughout the United Kingdom, will be liable to several customs and excises now payable in England, which will be applicable towards payment of the debts of England contracted before the Union, it is agreed that Scotland shall have an equivalent for what the, subjects thereof shall oe so charged towards payment of the said debts of England in all particulars whatsoever in manner following, viz., that before the union of the said kingdoms the sum of £398,085 10s. be granted to Her Majesty by the Parliament of England for the uses after mentioned, being the equivalent to be answered to Scotland for such parts of the said customs and excises upon all excisable liquors with which that kingdom is to he charged upon the Union as will be applicable to the payment of the said debts of England, according to the proportions which the present customs in Scotland, being £30,000 per annum, do bear to the customs in England, computed at £1,341,559 per annum, and which the present excises on excisable liquors in Scotland, being £33,500 per annum, do hear to the excises on excisable liquors in England, computed at £947,602 per annum, which sum of £398,085 10s. shall be due and payable from the time of the Union: And in regard that, after the Union, Scotland becoming liable to the same customs and duties payable on import and export, and to the same excises on all excisable liquors as in England, as well upon that account as upon the account of the increase of trade and people (which will be the happy consequence of the Union), the said revenues will much improve beyond the before-mentioned annual values thereof, of which no present estimate can be made; yet, nevertheless, for the reasons aforesaid, there ought to be a proportional equivalent answered to Scotland, it is agreed that after the Union there shall he an account kept of the said duties arising in Scotland, to the end it may appear what ought to he answered to Scotland as all for such proportion of the said increase as shall be applicable to the payment of the debts of England ; and for the further and more effectual answering the several ends hereafter mentioned, it is agreed that, from and after the Union, the whole increase of the revenues of customs and duties on import and export, and excise upon excisable liquors in Scotland, over and above the annual produce of the said respective duties as above stated, shall go and be applied for the term of seven years to the uses hereafter mentioned, and that upon the said account there shall be answered to Scotland annually, from the end of seven years after the Union, an equivalent in proportion to such part of the said increase as shall be applicable to the debts of England; and, generally, that an equivalent shall be answered to Scotland for such parts of the English debts as Scotland may hereafter become liable to pay, by reason of the Union, other than such for which appropriations have been made by Parliament of England of the customs or other duties on export and import, excises on all excisable liquors, in respect of which debts equivalents are hereinafter provided; and as for the uses to which the said sum of £398,085 10S. to be granted as aforesaid, and all other monies which are to be answered or allowed to Scotland as said is, are to be applied, it is agreed that in the first place, out of the foresaid sum, what consideration shall be found necessary to be had for any losses which private persons may sustain by reducing the coin of Scotland to the standard and value of the coin of England, may be made good ; in the next place, that the capital stock or fund of the African and Indian Company of Scotland advanced, together with the interest for the said capital stock after the rate of 5 per cent. per annum from the respective times of the payment thereof, shall he paid. [The Darien scheme, the stock in which was largely held by the Scotch commissioners, the members of the Scotch Parliament, and the upper classes generally. This was one of the most thoughtful schemes for making the bribery in connection with the Union be as widespread as possible that could be imagined. Even he Royal Burghs were stock holders.] upon payment of which capital stock and interest it is agreed the said company he dissolved and cease; and also, that, from the time of passing the Act of Parliament in England for raising the said sum of £398,085 ios., the said company shall neither trade, nor grant licence to trade, providing that if the said stock and interest shall not he paid in twelve months after the commencement of the Union, that then the said company may from thenceforward trade, or give licence to trade, until the said whole capital stock and interest shall he paid ; and as to the over- plus of the said sum of £398,085 10s., after payment of what considerations shall be had for losses in repairing the coin and paying the said capital stock and interest, and also the whole increase of the said revenues of customs, duties, and excises above the present value which shall arise in Scotland during the said term of seven years, together with the equivalent which shall become due upon the improvement thereof in Scotland after the said term, and also as to all other sums which, according to the agreements aforesaid, may become payable to Scotland by way of equivalent for what that kingdom shall hereafter become liable towards payment of the debt of England, it is agreed that the same be applied in manner following, viz., that all the public debts of the kingdom of Scotland, as shall be adjusted by this present Parliament, shall be paid; and that £2,000 per annum for the space of seven years shall be applied towards encouraging and promoting the manufacture of coarse wool within these shires which produce the wool, and that the first £2,000 sterling be paid at Martinmas next, and so yearly at Martinmas during the space foresaid ; and afterwards the same shall be wholly applied towards encouraging and promoting the fisheries, and such other manufactures and improvements in Scotland as may most conduce to the general good of the United Kingdom. And it is agreed that Her Majesty be empowered to appoint commissioners, who shall be accountable to the Parliament of Great Britain, for disposing the said sum of £398,085 10s., and all other monies which shall arise to Scotland upon the agreements aforesaid to the purposes before mentioned, which commissioners shall be eth powered to call for, receive, and dispose of the said monies in manner aforesaid, and to inspect the books of the several collectors of the said revenues, and of all other duties from whence an equivalent may arise; and that the collectors and managers of the said revenues and duties he obliged to give to the said commissioners subscribed authentic abbreviates of the produce of such revenues and duties arising in their respective districts; and that the said commissioners shall have their office within the limits of Scotland, and shall in such office keep hooks containing accounts of the amount of the equivalents, and how the same shall have been disposed of from time to time, which may be inspected by any of the subjects who shall desire the same.

XVI. That, from and after the Union, the coin shall be of the same standard and value throughout the United Kingdom as now in England, and a Mint shall be continued in Scotland under the same rules as the Mint in England; and the present officers of the Mint continued, subject to such regulations and alterations as Her Majesty, her heirs or successors, or the Parliament of Great Britain, shall think fit.

XVII. That, from and after the Union, the same weights and measures shall be used throughout the United King- (lam as are now established in England, and standards of weights and measures shall be kept by those burghs in Scotland to whom the keeping the standards of weights and measures, now in use there, does of special right belong all which standards shall be sent down to such respective burghs from the standards kept in the exchequer at Westminster, subject, nevertheless, to such regulations as the Parliament of Great Britain shall think fit.

XVIII. That the laws concerning regulation of trade, customs, and such excises to which Scotland is, by virtue of this Treaty, to be liable, be the same in Scotland, from and after the Union, as in England, and that all other laws in use within the kingdom of Scotland do, after the Union, and notwithstanding thereof, femain in the same force as before (except such as are contrary to or inconsistent with this Treaty), but alterable by the Parliament of Great Britain; with this difference betwixt the laws concerning public right, policy, and civil government, and those which concern private right, that the laws which concern public right, policy, and civil government may be made the same throughout the whole United Kingdom, but that no alteration be made in laws which concern private right, except for evident utility of the subjects within Scotland.

XIX. That the Court of Session, or College of Justice, do, after the Union, and notwithstanding thereof, remain in all time coming within Scotland, as it is now constituted by the laws of that kingdom, and with the same authority and privileges as before the Union, subject, nevertheless, to such regulations, for the better administration of justice, as shall be made by the Parliament of Great Britain; and that hereafter none shall be named by Her Majesty, or her royal successors, to be ordinary Lords of Session, but such who have served in the College of Justice as advocates, or principal clerks of Session, for the space of five years, or as Writers to the Signet for the space of ten years, with this provision, that no Writer to the Signet be capable to he admitted a Lord of the Session, unless he undergo a private and public trial on the civil law before the Faculty of Advocates, and be found by them qualified for the said office two years before he be named to be a Lord of the Session, yet so as the qualifications made or to be made, for capacitating persons to be named Ordinary Lords of Session, may be altered by the Parliament of Great Britain. And that the Court of Justiciary do also, after the Union, and notwithstanding thereof, remain, in all time coining, within Scotland, as it is now Constituted by the laws of that kingdom, and with the same authority and privileges as before the Union, subject, nevertheless, to such regulations as shall be made by the Parliament of Great Britain, and without prejudice of other rights of justiciary; and that all Admiralty jurisdictions be under the Lord High Admiral or Commissioners for the Admiralty of Great Britain for the time being; and that the Court of Admiralty, now established in Scotland, be continued; and that all reviews, reductions, or suspensions of the sentences in maritime cases, Competent to the jurisdiction of that Court, remain in the same manner after the Union as now in Scotland, until the Parliament of Great Britain shall make such regulations and alterations as shall be judged expedient for the whole United Kingdom so as there be always continued in Scotland a Court of Admiralty, such as in England, for determination of all maritime cases relating to private rights in Scotland, competent to the jurisdiction of the Admiralty Court, subject, nevertheless, to such regulations and alterations as shall be thought proper to he made by the Parliament of Great Britain; and that the heritable rights of Admiralty and Vice-Admiralties in Scotland be reserved to the respective proprietors as rights of property, sul)ject, nevertheless, as to the manner of exercising such heritable rights, to such regulations and alterations as shall be thought proper to be made by the Parliament of Great Britain; and that all other Courts, now in being within the kingdom of Scotland, do remain, but subject to alterations by the Parliament of Great Britain ; and that all inferior Courts within the said limits do remain subordinate, as they are now, to the Supreme Courts of Justice within the same in all time coming; and that no causes in Scotland be cognoscible by the Court of Chancery, Queen's Bench, Common Pleas, or any other Court in Westminster Hall ; and that the said Courts, or any other of the like nature, after the Union, shall have no power to cognosce, review, or alter the Acts or sentences of the judicatures within Scotland, or stop the execution of the same ; and that there be a Court of Exchequer in Scotland after the Union for deciding questions concerning the revenues of customs and excises there, having the same power and authority in such cases as the Court of Exchequer has in England; and that the said Court of Exchequer in Scotland have power of passing signatures, gifts, tutories, and in other things, as the Court of Exchequer at present in Scotland hath; and that the Court of Exchequer that now is in Scotland do remain until a new Court of Exchequer be settled by the Parliament of Great Britain in Scotland after the Union ; and that, after the Union, the Queen's Majesty and her royal successors may continue a Privy Council in Scotland, for preserving of public peace and order, until the Parliament of Great Britain shall think fit to alter it, or establish any other effectual method for that end.

XX. That all heritable offices, superiorities, heritable jurisdictions, offices for life, and jurisdictions for life, be reserved to the owners thereof, as rights of property, in the same manner as they are now enjoyed by the laws of Scotland, notwithstanding of this Treaty. [The main purport of this article was to continue the peers and their dependents in honorary or lucrative positions.]

XXI. That the rights and privileges of the royal burghs in Scotland, as they now are, do remain entire after the Union, and notwithstanding thereof. [The Royal Burghs did not appreciate the favor thus shown them, for as soon as the provisions of the treaty were made public they denounced it in unmeasured terms. In a petition to the Queen's Commoners and the Parliament, the convention of Royal Burghs said: "seeing, by the articles of Union, now und, r the consideration of the Honorable Estates of Parliament, it is agreed that Scotland and England shall be united into one kingdom; and that the united kingdoms be united by one and the same Parliament, by which our monarchy is suppressed, our parliament extinguished, and in consequence, our religion, church government, claim of right, laws, liberties, trade, and all that is dear to us. daily in danger of being encroached upon, altered or wholly subverted by the English in a British Parliament, wherein the mean representation allowed for Scotland can never signify in securing to us the interest reserved by us, or granted to us by the English.

"And by these articles our poor people are made liable to the English taxes which is a certain unsupportable burden, considering that the trade proposed is uncertain, insolved and wholly precarious, especially when regulated as to export and import by the laws of England and under the same prohibitions and restrictions, customs and duties. And considering that the most considerable branches of our trade are differing from those of England, and are, and may be yet more discouraged by their laws and that all the concerts of trade and our interest are, after the Union, subject to such alterations as the Parliament of Great Britain shall think fit;

We therefore supplicate your Grace [the Queen's representative and the Honorable Estates of Parliament, and do assuredly expect that ye will not conclude such an incorporate lJnio', as is contained iii the articles proposed, but that ye will support and maintain the true Reformed Protestant Religion and Church Government, as by law established, the sovereignty and independency of this crown and kingdom, and the rights and privileges of Parliament." ]

XXII. That, by virtue of this Treaty, of the Peers of Scotland at the time of the Union, sixteen shall be the number to sit and vote in the House of Lords, [This article probably aroused a more bitter opposition than any other. The Scots did not anticipate in consenting to a single parliament that Scotland's representation in it would be so meagre. The Scottish Commoners thought that all their peers would get seats in the British House of Lords, and that their share in the llouseof Commons should be 570 at least. The English at first placed the figures at 16 Lords and 30 Commoners, and bra time it seem d as though all negotiations were at an end. I he compromise of 45 Commoners was finally accepted. On this point Sir Walter Scott writes: "It was loudly urged that a kingdom resigning her ancient independence, should at least obtain in the great national council a representation bearing the same proportion the population of Scotland did to that of England, which was one to six. If this rule, which seems the fairest that could be found, had been adopted, Scotland would have sent sixty-six members to the United I'ail:ameut. * * * The Scottish peerage were to preserve all the other privileges of their rank; but their right of sitting in parliament and acting as her' ditary legislators, was to be greatly limited. Only sixteen of their number were to enjoy seats in the British house of Lords and these were to be chosen by election from the whole body. Such peessas were amongst the number of Commissiones were induced to consent to this degradation of their order by the assurance that they themselves should le created British peers, so a to give them, personally, by charter, the right which the sixteen could only acquire by election."

The English view is thus stated by Hallam, in his "Constitutional History of England": 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. Comparing the two ratios of population and property there seems little objection to this part of the union."]

and forty-five the number of the representatives of Scotland in the House of Commons of the Parliament of Great Britain and that when Her Majesty, her heirs or successors, shall declare her or their pleasure for holding the first or any subsequent Parliament of Great Britain, until the Parliament of Great Britain shall make further provision therein, a writ do issue under the Great Seal of the United Kingdom, directed to the Privy Council of Scotland, commanding them to cause sixteen Peers, who are to sit in the House of Lords, to be summoned to Parliament, and forty-five members to be elected to sit in the House of Commons of the Parliament of Great Britain, according to the agreement in this Treaty, in such manner as by a subsequent Act of this present session of the Parliament of Scotland shall be settled ; which Act is hereby declared to be as valid as if it were a part of and engrossed in this Treaty; and that the names of the persons so summoned and elected shall he returned by the Privy Council of Scotland into the Court from whence the said writ did issue; and that if Her Majesty, on or before the 1st day of May next, on which day the Union is to take place, shall declare, under the Great Seal of England, that it is expedient that the Lords of Parliament of England and Commons of the present Parliament of England should be the members of the respective Houses of the first Parliament of Great Britain, for and on the part of England, then the said Lords of Parliament of England, and Commons of the present Parliament of England, shall he the members of the respective Houses of the first Parliament of Great Britain, for and on the part of England; and Her Majesty may, by Her Royal Proclamation under the Great Seal of Great Britain, appoint the said first Parliament of Great Britain to meet at such time and place as Her Majesty shall think fit, which time shall not be less than fifty clays after the date of such Proclamation ; and the time and place of the meeting of such Parliament being so appointed, a writ shall be immediately issued under the Great Seal of Great Britain, directed to the Privy Council of Scotland, for the summoning the sixteen Peers, and for electing forty-five members, by whom Scotland is to be represented in the Parliament of Great Britain, and the Lords of Parliament of England, and the sixteen Peers of Scotland, such sixteen Peers being summoned and returned in the same manner agreed in this Treaty, and the Members of the House of Commons of the said Parliament of England, and the forty-five members for Scotland, such forty-five members being elected and returned in the manner agreed in this Treaty, shall assemble amid meet respectively in their respective Houses of the Parliament of Great Britain at such time and place as shall be so appointed by Her Majesty, and shall be the two Houses of the First Parliament of Great Britain; and that Parliament may continue for such time only as the present Parliament of England might have continued if the union of the two kingdoms had not been made, unless sooner dissolved by Her Majesty. And that ever one of the Lords of Parliament of Great Britain, and every Member of the House of Commons of the Parliament of Great Britain, in the first and all succeeding Parliaments of Great Britain, until the Parliament of Great Britain shall otherwise direct, shall take the respective oaths appointed to be taken, instead of the oaths Of allegiance and supremacy, by an Act of Parliament made in England in the first year of the reign of the late King William and Queen Mary, entituled "An Act for the Abrocating of the Oaths of Supremacy and Allegiance, and appointing other Oaths;" and make, subscribe, and audibly repeat the declaration mentioned in an Act of Parliament made in England in the thirtieth year of the reign of King Charles the Second, entituled "An Act for the more effectual Preserving the King's Person and Government by disabling Papists from sitting in either Houses of Parliament; " and shall take and subscribe the oath mentioned in an Act of Parliament made in England in the first year of Her Majesty's reign, entituled '' An Act to declare the Alterations in the Oath appointed to be taken by the Act entituled ' An Act for the further Security of His Majesty's Person, and the Succession of the Crown in the Protestant Line, and for extinguishing the hopes of the pretended Prince of Wales, and all other Pretenders, and their open and secret Abettors, and for declaring the Association to be determined:'" at such time, and in such manner, as the Members of both Houses of Parliament of England are, by the said respective Acts, directed to take, make, and subscribe the same, upon the penalties and disabilities contained in the said respective Acts contained. And it is declared and agreed that these words, "This Realm," "The Crown of this Realm," and "The Queen of this Realm," mentioned in the oaths and declaration contained in the aforesaid Acts, which were intended to signify the Crown and Realm of England, shall be understood of the Crown and Realm of Great Britain; and that, in that sense, the said oaths and declaration he taken and subscribed by the Members of both Houses of the Parliament of Great Britain.

XXIII. That the foresaid sixteen peers of Scotland, mentioned in the last preceding article, to sit in the House of Lords of the Parliament of Great Britain, shall have all privileges of Parliament which the peers of England now have, and which they or any peers of Great Britain shall have after the Union, and particularly the right of sitting upon the trials of Peer and in case of the trial of any peer in time of adjournment or prorogation of Parliament, the said sixteen peers shall be summoned in the same manner and have the same powers and privileges at such trial as any other peers of Great Britain. And that, in case any trials of peers shall hereafter happen when there is no Parliament in being, the sixteen peers of Scotland who sat in the last preceding Parliament shall be summoned in the same manner and have the same powers and privileges at such trials as any other peers of Great Britain. And that all peers of Scotland, and their successors to their honours and dignities, shall, from and after the Union, be peers of Great Britain and have rank and precedency next and immediately after the peers of the like orders and degrees in England at the time of the Union, and before all peers of Great Britain of the like orders and degrees who may be created after the Union, and shall he tried as peers of Great Britain, and shall enjoy all privileges of peers as fully as the peers of England do now, or as they or any other peers of Great Britain may hereafter enjoy the same, except the right and privilege of sitting in the House of Lords, and the privileges depending thereon, and particularly the right of sitting upon the trials of peers.

XXIV. That, from and after the Union, there be one Great Seal for the United Kingdom of Great Britain, which shall be different from the Great Seal now used in either kingdom; and that the quartering the arms and the rank and precedency of the Lyon King of Arms of the kingdom of Scotland, as may best suit the Union, be left to her Majesty; and that, in the meantime, the Great Seal of England be used as the Great Seal of the United Kingdom, and that the Great Seal of the United Kingdom be used for sealing writs to elect and summon the Parliament of Great Britain, and for sealing all treaties with foreign princes and states, and all public acts, instruments, and orders of state which concern the whole United Kingdom, and in all other matters relating to England, as the Great Seal of England is now used; and that a seal in Scotland, after the Union, be always kept, and made use of in all things relating to private rights or grants, which have usually passed the Great Seal of Scotland, and which only concern offices, grants, commissions, and private rights within that kingdom; and that, until such Seal shall he appointed by Her Majesty, the present Great Seal of Scotland shall be used for such purposes; and that the privy seal, signet, cachet, signet of the Justiciary Court, quarter seal, and seals of Courts, now used in Scotland, he continued,* but that the said seals be altered and adapted to the state of the Union, as Her Majesty shall think fit; and the said seals, and all of them, and the keepers of them, shall be subject to such regulations as the Parliament of Great Britain shall hereafter make; and that the Crown, Sceptre, and Sword of State, the Records of Parliament and all other records, rolls, and registers whatsoever, both public and private, general and particular, and warrants thereof, continue to be kept as they are within that part of the United Kingdom now called Scotland, and that they shall so remain in all time coming, notwithstanding of the Union.

XXV. That all laws and statutes in either kingdom, so far as they arp contrary to or inconsistent with the terms of these articles, or any one of them, shall, from and after the Union, cease and become void, and shall be so declared to be by the respective Parliaments of the said kingdoms.

Follows the tenor of the aforesaid Act for securing the Protestant Religion and Presbyterian church Government in Scotland.

[A new office was appointed in carrying out this article, that of Keeper oft he Great Seal in Scotland. The seal was foimerly kept by the Lord Chancellors of the kingdom. Professor Herbert Story writes: "The Commission of the General Assembly" represented the Church (of Scotland) during the progress of the Treaty with calmness and dignity, and in its address to Parliament temperately stated those points in the measure which were considered defective. The Commission complained of the English Sacramental text as the condition of holding civil and military offices, and urged that no oath or text of any kind, inconsistent with Presbyterian principles should be required from Scottish Churchmen. They recommended that an obligation to uphold the Church of Scotland should be embodied in the coronation oath. They represented the necessity of a Commission for the Plantation of Kirks and Valuation of Teinds; and they concluded their fullest and most formal representation with an intimation that, knowing, as they did, that twenty-six bishops sat in the House of Lords, which, on the conclusion of the Treaty, would have jurisdiction in Scottish affairs; they desired to State with all respect, but with firmness, that it was contrary to the Church's principles and covenants that any churchman should bear civil office and have power in the commonwealth.

"These representations had their due effect. The bench of bishops, of course, could not be removed. The operation of the test act in England though its scandal and injustice we e undeniable, could not bn meddled with, but as a kind of equivalent for this grievance, and to guard the Scotch universities and schools against the dreaded infection of prelacy, it was enacted that every professor and teacher should, ere his admission, subscribe the Confession of Faith as being the confession of his faith, and bind himself in the Presbytery's presence to conform to the discipline and worship of the Established Church. It was provided that the unalterable establishment and maintenance of the Presbyterian Church should be stipulated by an act prior to any other act, that should ratify the Treaty, and should then be embodied in the Act of Ratification; and that the first oath the British Sovereign should take on his accession should be an oath to maintain the government, worship, discipline, rights and privileges of the Church of Scotland. The minor points, as to kirks and tiends were satisfactorily disposed of, and the Church saw her firmness and moderation crowned with adequate success.' '—Lecture on The Revolution Settlement.]

Our Sovereign Lady and the Estates of Parliament, considering that, by the late Act of Parliament for a Treaty with England for an Union of both kingdoms, it is provided, That the Commissioners for that Treaty should not treat of or concerning any alteration of the worship, discipline, and government of the Church of this kingdom, as now by law established; which Treaty being now reported to the Parliament, and it being reasonable and necessary that the true Protestant religion, as presently professed within this kingdom, with the worship, discipline, and government of this Church, should be effectually and unalterably secured therefore Her Majesty, with advice and consent of the said Estates of Parliament, doth hereby establish and confirm the said true Protestant religion, and the worship, discipline, and government of this Church to continue without any alteration to the people of this land in all succeeding generations; and more especially, Her Majesty, with advice and consent foresaid, ratifies, approves, and forever confirms the fifth Act of the first Parliament of King William and Queen Mary, entituled "Act Ratifying the Confession of Faith, and Settling Presbyterian Church Government," with the whole other Acts of Parliament relating thereto, in prosecution of the Declaration of the Estates of this kingdom, containing the Claim of Right, bearing date the 11th of April, 1689; and Her Majesty, with advice and consent foresaid, expressly provides and declares that the foresaid true Protestant religion contained in the above-mentioned Confession of Faith, with the form and purity of worship presently in use within this Church, and its Presbyterian Church government and discipline, that is to say, the government of the Church by kirk-sessions, presbyteries, provincial synods, and general assemblies, all established by the foresaid Acts of Parliament, pursuant to the Claim of Right, shall remain and continue unalterable; and that the said Presbyterian government shall be the only government of the Church within the kingdom of Scotland. And further, for the greater security of the foresaid Protestant religion, and of the worship, discipline, and government of this Church, as above established, Her Majesty, with advice and consent foresaid, statutes and ordains, That the Universities and Colleges of St. Andrews, Glasgow, Aberdeen, and Edinburgh, as now established by law, shall continue within this kingdom forever. And that, in all time coming, no professors, principals, regents, masters, or others bearing office in any university, college, or school, within this kingdom, be capable, or be admitted, or allowed to continue in the exercise of their said functions, but such as shall own and acknowledge the civil government in manner prescribed, or to be prescribed by the Acts of Parliament. As also, that before or at their admissions, they do and shall acknowledge and profess, and shall subscribe to the foresaid Confession of Faith, as the confession of their faith and that they will practice and conform themselves to the worship presently in use in this Church, and submit themselves to the government and discipline thereof, and never endeavor, directly or indirectly, the prejudice or subversion of the same ; and that before the respective Presbyteries of their bounds, by whatsoever gift, presentation, or provision, they may be thereto provided. And further, Her Majesty, with advice foresaid, expressly declares and statutes, That none of the subjects of this kingdom shall be liable to, but all and every one of them forever free of any oath, test, or subscription, within this kingdom, contrary to or inconsistent with the fore- said true Protestant religion and Presbyterian Church government, worship, and discipline, as above established ; and that the same, within the bounds of this Church and kingdom, shall never be imposed upon, or required of them in any sort. And lastly, that after the decease of Her present Majesty (whom God long pre- serve), the sovereign succeeding to her in the Royal Government of the kingdom of Great Britain shall, in all time coming, at his or her accession to the Crown, swear and subscribe that they shall inviolably maintain and preserve the foresaid settlement of the true Protestant religion, with the government, worship, discipline, right, and privileges of this Church, as above established by the laws of this kingdom, in prosecution of the Claim of Right. And it is hereby statute and ordained, that this Act of Parliament, with the establishment therein contained, shall be held and observed, in all time coming, as a fundamental and essential condition of any Treaty of Union to be concluded betwixt the two kingdoms, without any alteration thereof, or derogation thereto, in any sort forever. As also, that this Act of Parliament, and settlement therein contained, shall be insert and repeated in any Act of Parliament that shall pass, for agreeing and concluding the foresaid Treaty of Union betwixt the two kingdoms ; and that the same shall be therein expressly declared to be a fundamental and essential condition of the said Treaty of Union, in all time coming. Which articles of Union, and Act immediately above written, Her Majesty, with advice and consent foresaid, statutes, enacts, and ordains to be, and continue, in all time coming, the sure and perpetual foundation of a complete and entire Union of the two kingdoms of Scotland and England, under this express condition and provision, that the approbation and ratification of the foresaid articles and Act shall be no ways binding on this kingdom until the said articles and Act be ratified, approven, and confirmed by Her Majesty, with and by the authority of the Parliament of England, as they are now agreed to, approven, and confirmed by Her Majesty, with and by the authority of the Parliament of Scotland. Declaring, nevertheless, that the Parliament of England may provide for the security of the Church of England as they think expedient, to take place within the hounds of the said kingdom of England, and not derogating from the security above provided for establishing of the Church of Scotland within the bounds of this kingdom. As also the said Parliament of England may extend the additions and other provisions contained in the articles of Union, as above insert in favor of the subjects of Scotland, to and in favor of the subjects of England, which shall not suspend or derogate from the force and effect of this present ratification, but shall be understood as herein included, without the necessity of any new ratification in the Parliament of Scotland. And lastly, Her Majesty enacts and declares that all laws and statutes in this kingdom, so far as they are contrary to, or inconsistent with the terms of these articles as above mentioned, shall, from and after the Union, cease and become void,"


Return to Book Index Page

 


This comment system requires you to be logged in through either a Disqus account or an account you already have with Google, Twitter, Facebook or Yahoo. In the event you don't have an account with any of these companies then you can create an account with Disqus. All comments are moderated so they won't display until the moderator has approved your comment.

comments powered by Disqus

Quantcast